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Agenda 12/16/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 16, 1997 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS TIlE BOARD ON SUBJECTS WHICII ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE IlEARD UNDER ~I~UBLIC I~ETITIONS~. 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 TIlE PROCEEDINGS IS MADE, WIllCil RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICFI TIlE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY TIlE CIlAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEAKING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Rabbi James H. Perman, Temple Shalom PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES A. November 18, 1997 - Regular meeting B. November 25, 1997 - Regular meeting PROCLAMATIONS AND SERVICE AWARDS PROCLAMATIONS 1) Proclamation proclaiming December as Drunk and Drugged DHving Prevention month and that December 19, 1997 be designated as Lights on for Life Day. To be accepted by Regina Wagstaff, Prevention Specialist from David Lawrence Center. 10. B. SERVICE AWARDS C. i~RESENTATIONS AYPROVAL OF CLERK'S REPORT A. ANALYSIS OF CRANGES TO RESERVES FOR CONTI~GEN~ Iq.TBLIC P£TITIONS COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL S1;RVlCF~ 1) Pre~entatlon of the 1997 Annual Update and Inventory Report on public facilltle~ (AUIR) aa provided for in Section 3.15.7 of the Collier County Land Development Code. B. PUBLIC WORKS 1) Requesting approval of the concept of a Livingston Road Corridor Joint Participation Agreement. 2) Approval of a proposed plan to remove non-specification material from portions of the Naples Beach. C. PUBLIC SERVICES D. SUPPORT SERVICES Ir.. COUNTY ADMINISTRATOR I) Consider funding Marco Island Civic Association $250,000 for Marco Celebration 2000 Tourist Development Funds, special events category. 2) Approval of Contract for Financial Advisory Services. F. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT A. Recommendation for the Board to consider an approve a proposed settlement of the lawsuit ~yled Eagle Creek Properties, Inc. v. Collier County, Ca~ No. 9~0$18-CA-01-TB and to authorize the Board Chairman to execute the necessary settlement documents. B, Request by the Housing Finance Authority for approval of resolutions authorfalnl the Authority to issue multi-family housing revenue bonds to finance qualifying apartment projects. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Parks and Recreation Advisory Board. B. Appointment of members to the Development Services Advisory Committee. 2 C. D. E. Appointment of member to the Hispanic Affairs Advisory Board. Appointment of members to the Isle of Capri Fire Control District Advisory Committee. Request for street closure for Third Annual Cub Scout Soap Box Derby. (Commissioner Hancock) Appointment of member to the Health Planning Council. Appointment of member to the Marco Island Beach Renourtshment Advisory Commltte~. Appointment of member to the Golden Gate Beautification Advisory Committee. 1L OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS.. 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER 1) Petition DOA-97-2, William R. Vines of Vines and Associates, Inc., representing Richard lC Bennett, Trustee, Nations Bank Land Trust #$222 for aa amendment to the Tweh'e Lakes Development of Regional Impact (DRI) Development Order ST-I, Resolution 87-4, as amended, for the purpose of reduclng the number of authortztd dwelling units from 1310 to I000 and the amount of commercial floor space from 160,000 to 112,500 square feet; revising the date by which time significant physical development was to have commenced; date prior to which no down zoning action could occur; amending transportation conditions and revising the phasing schedule for property located on the north side of Davis Boulevard which extends north to Radio Road in Sec. 4, TSOS, R26E. 2) Consider adoption of an Ordinance creating the Bayshore Avalon Beautification Municipal Service Taxing Unit; providing the authority; providing for the creation; providing for a purpose and governing body; providing funding and the levy of not to exceed three mils of ad valorem taxes per year;, providing for the collection of taxes; providing for creation of the Bayshore Avalon Beautification Advisory Committee; appointment and composition; providing for terms of offlce of the advisory committee; providing for officers of the advisory committee;, quorum; rules of procedure; providing for functions, powers and duties of the advisory committee; providing for duties of the County Administrator or his designee; providing for review process of advisory committee; providing for conflict and severabillty; providing for inclusion In the Collier County Code of Laws and Ordinances; providing for an effecth'e date. a) Recommendation to adopt a Resolution setting forth the intent of the Board of Count)' Commissioners to use the uniform method of collecting non-ad valorem 13. 14. 16. assessments for Interim governmental services fees within the unincorporated area and the Incorporated areas of Collier County. BOARD OF ZONE~G APPEALS ADVERTISED PUBLIC HEARINGS 1) Petition AW-97-1, Randy Seyler of D. Ashton Enterprises, Incorporated, requesting · 250 foot waiver of the minimum required separ·tlon of 504) feet between places serving alcoholic beverages and a church/child care center for a restaurant located at 1046 Pine Ridge Road with · resulting separation distance of 250 feet. B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS CONSENT AGENDA - All matters listed under thls Item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIEONMENTAL SERVICES 1) Grant final acceptance of the roadway, dr·in·ge, water, and sewer improvements for the final plat of "The Orchards". 2) Approve for recording the final plat of 'Autumn Woods Unit Two and approve Petition AV-97-022, the vacation of a portion of the Autumn Woods Unit One plat. Deferral of 100% of the Impact fees for · 140 unit affordable housing project to be built by CElfKen/ington, Ltd., a Florida Limited Partnership, known as Saddlcbrook/Pclican Polnte Phas~ I Apartments affordable rental units. 4) Approval for recording the fin·! plat of "Pelican Strand Replat 2" PUBLIC WORKS 1) Work Order for Professional Engineering Services to Ag·oil, Barber & Bmndage, Inc. for Imperial West/Landmark Estates Drain·ge Project, Work Order No. ABB- FT98-J, ProJect No, 111203. 2) Aw·rd · Construction Contract to Milmlr Construction, Inc., for the re-bid of the NCRWTF 8-MGD Expansion Project, Bid #9'/.2690R, Project '/08S9/'/0828. 3) 4) This item has been deleted. Approve a Joint Project Agreement and Memorandum of Agreement with Florida Department of Transport·Ilo· to construct the State Road 951 12" Water Main Improvements as a part of the State Road 951 Road Widening Proleci, Prolect 70824. 17. G. 5) Thls Item has been deleted. Approve Change Order with Sunshine Excnvators, Inc. for the Lely Hiblacus Cuh'ert Crossing, ProJect No, 3110; Contract No. 96-2613. 7) This Item has been deleted. 8) Approve Amendment No, Two to l~rofe~onal Services Alreement with itsaen Sawyer, P.C., for the North County Regional Wastewater Treatment Facility MGD Expansion, Contract 96-2474, Project ?~31. 9) Award contract to Mid-Continent Electric, Inc. to construc~ Immokalee Downtown Street~cape Beautification, Phase tn, Sub-Phat, e a (Bid 97-2694) (Project PUBLIC SERVICES 1) Award the Vaaderbilt Beach Cone~_al_on Agreement. SUPPORT SERVICES 1) Approval to award Bid #97-2751, Waterproofing Administration Building "F" to Roman Waterproofing St Restoration Systems Inc. COUNTY ADMINISTRATOR 1) Reallocation of funds for Tourist Development Economic Disaster Program- BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. OTHER CONSTITUTIONAL OFFICERS 1) To approve the use of Confiscated Trust Funds for a law enforcement program and approve the Fund 602 budget amendment. L COUNTY A'I'I'OKNEY J. AIRPORT AUTHORITY ADJOURN INOUIRIES CONCERNING CtnANGES TO THE I~OARD'$ AGI~NDA StnOULD RE MADE TO THE COUNTY ADMINI~TRATQR'$ QFFI(~E AT 774-8383, AGENDA CHANGE..,g BOARD OF COUNTY COMMI$$IONEI~' MEETINq DECEMBER 16, 1997 ADD: ITEM 8(A)(2) - DISCUSSION OF THE CITY OF MARCO ISLAND INTER. LOCAL AGREEMENT. (STAFF'S REQUEST). ADD: ITEM 8(B)(3) - APPROVE WORK ORDER TO REPLACE THREE PUBLIC WATER SUPPLY WELL~ (STAFF'S REQUEST). ADD: ITEM 8(B)(4) - TERMINATE CONTRACT WITH SOVEREIGN CONSTRUCTION GROUP, INC. FOR BID #96.2588, RIVIERA COLONY PHASE II UTILITY IMPROVEMENTS. (STAFF'S REQUEST). ADD: ITEM I 0(I) - DISCUSSION RE: ADOPTION OF A BUDGET FOR COURT ADMINISTRATION (COMMISSIONER MA CKIE). EXECUTIVE SUMMARY PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS OF TIlE 1997 ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES (ALRR) AS PROVIDED FOR IN SECTION 3.15.7 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE OBJECTIVE: To request that the Board of County Commissioner* review the 1997 Annual Update and Inventory Report on Public Facilities (AUIR) and give Staff direction on projects and funding sources for inclusion in the seventh Capital Improvement Element (CIE) Update and Amendment. BACKGROUND: Chapter 163, Part II, Florida Statues required the County to adopt certain Land Development Regulations (LDR's) to implement its Growth Management Plan adopted on January 10, 1989. One of the LDR's requires the County to, "Provide that public facilities and services meet or exceed the standards established in the CIE required by Section 163.3177 and are available when needed for the development ..." This Section of Chapter 163, Part II, Florida Statutes is commonly known as the concurrency requirement. Accordingly, on March 21, 1990 the Board adopted the Collier County Adequate Public Facilities Ordinance No. 90-24, which was subsequently repealed and superseded by Ordinance No. 93-82, as amended by Ordinance No. 96-53. The Adequate Public Facilities Ordinance was subsequently codified in Division 3.15 of the Land Development Code. Division 3.15 of the Land Development Code establishes a management and monitoring program for public facilities which provides for an annual determination of concurrency and additional facilities needs. Section 3.15.7 of the Land Development Code requires the preparation of an Annual Update and Inventory Report on Public Facilities (AUIR) for presentation to the Board of County Commissioners. "The findings of the AUIR shall form the basis for the preparation of the Annual Update and Amendment to the Capital Improvement Element, any proposed projects to be included in the County's Annual Budget, the determination of any Area of Significant Influence (ASI) and the review of the issuance of development order subject to the provisions of this Ordinance during the next year." Under Section 3.15.7 of the Land Development Code the Board's options in response to the needs identified in the AUIR include, but are not limited to, the following actions: Establishment of Areas of Significant Influence (ASI) surrounding deficient road segments; Public Facility project additions to the Capital Improvement Element; Deferral of development order issuance for non-vested development in are. az deficient Category "A" public facilities pending; no co Lowering of Level of Service Standards (LOSS) via Growth Management Plan Amendments; Direction to Stall'to include thc necessary Public Facility projects in the seventh CIE Update and Amendment to be adopted by thc Board; Approval of new or increased revenue sources for needed Public Facility projects by the Board of County Commissioners, the State Legislature or the County voters. GROWTH MANAGEMENT IMPACT: The preparation and presentation of the AUIR to the Board meets the requirements of Division 3.15 of the Land Development Code for an annual determination of the status of public facilities. Board direction 1o include the projects identified in the AUIR in the next financially feasible CIE Update and Amendment will e~tablish and maintain concurrency for the next twelve (12) months. FISCAL IMPACT: Revenues needed to fund the CIE projects proposed in the 1997 AUIR for the FY98-02 planning period and maintain statutorily mandated financial feasibility of the CIE have previously been enacted by the Board of County Commissioners. However, funding for the staff recommended jail expansion is undetermined pending Board direction. Projected revenues needed to fund public facility construction/expansion for the FY98-02 CIE planning period total $258,642,763 as summarized on page 9. Project expenditures in excess of estimated impact fee revenues are reflected as being augmented by ad valorem taxes and utility user fees in the body of this document. RECOMMENDATION: That the Board of County Commissione~ take thc following actions: 1. Accept and approve the attached document as the 199'/Annual Update and Inverttory Report on Public Facilities (AUIR); 2. Give Staff direction by separate motion and vote on Category "A" mad "B" facilities relative to Staff recommendations for projects and revenue ~our~e$ for inclusion in the seventh CIE Update and Amendment to be transmitted to the Department of Community Affairs as part of the Evaluation and Appraisal Report (EAR) based Growth Management Plan amendments; 3. Find upon analysis, review and actions taken b~ed on the 1997 AUIR that ~dequate Category "A" public facilities will be available, as defined by the Collier Comurrtmcy Management System, aa implemented by Division 3.15 of the LDC, to ~q~ort development order issuance until presentation of the 1998 AUIP, approximately twelve (i 2) months fi'om this date. PRINCIPAL PLANNER REVIEWED,...., ~Z '~KI,BY: 4 ~~' ~,'.~ ~,' · BARBARA A. CACCHIONE, AICP COMPREHENSIVE PL~A.NNING ~IANGER DONALD W. ARNOLD, AICP VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVC$. DATE DATE , 1997 AUIR. EX SUMMA.RY/md/H:MARIE'S CIE .o. ~ DEC 1 6 1997 pg. 3 COLLIER COUNTY EIGHTH ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES (AUXR) November, 1997 Prepared By Comprehenmive Planning Section Co~=',unit7 Development and Environment&l Servicem Di 2800 North Horselhoe Drive N&plel, Florida 34104 (941) 403-2400 DEC 1 6 1997 EXECUTIVE SUMMARY PRESENTATION TO THE BOARD OF COUNTY COIVfMISSIONERS OF THE 1997 ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES (AUIR) AS PROVIDED FOR IN SECTION 3.15.7 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE OBJECTIVE: To request that thc Board of County Commissioners review the 1997 Annual Update and Inventory Report on Public Facilities (AUld) and give Staff direction on projects and funding sources for inclusion in the seventh Capital Improvement Element (CIE) Update and Amendment. BACKGROUND: Chapter 163, Part II, Florida Statues required the County to adopt certain Land Development Regulations (LDR's) to implement its Growth Management Plan adopted on January 10, 1989. One of the LDR's requires the County to, "Provide that public facilities and services meet or exceed the standards established in the CIE required by Section 163.3177 and are available when needed for the development ...' This Section of Chapter 163, Part II, Florida Statutes is commonly known as the concurrency requirement. Accordingly, on March 21, 1990 the Board adopted the Collier County Adequate Public Facilities Ordinance No. 90-24, which was subsequently repealed and superseded by Ordinance No. 93-82, as amended by Ordinance No. 96-53. The Adequate Public Facilities Ordinance was subsequently codified in Division 3.15 of the Land Development Code. Division 3.15 of the Land Development Code establishes a management and monitoring program for public facilities which provides for an annual determination of concurrency and additional facilities needs. Section 3.15.7 of the Land Development Code requires the preparation of an Annual Update and Inventory Report on Public Facilities (AI. Yl]~.) for presentation to the Board of County Commissioners. "The findings of the AUIR shall form the basis for the preparation of the Annual Update and Amendment to the Capital Improvement Element, any proposed projects to be included in the County's Annual Budget, the dctcrrnination of any A.rca of Significant Influence (ASI) and the review of the issuance of development order subject to the provisions of this Ordinance during the next year." Under Section 3.15.7 of the Land Development Code the Board's options in response to the needs identified in the AUIR include, but are not limited to, the following actions: 1. Establishment of Areas of Significant Influence (ASI) surrounding deficient road segments; 2. Public Facility project additions to the Capital Improvement Element; Deferral of development order issuance for non-vested development deficient Category "A' public facilities pending; DEC,16 1997 Lowering of Level of Service Standards (LOSS) via Growth Management Plan Amendments; Direction to Staffto include the necessary Public Facility projects in the seventh CIE Update and Amendment to be adopted by the Board; Approval of new or increased revenue sources for needed Public Facility projects by the Board of County Commissioners, the State Legislature or the County voters. GROWTH MANAGEMENT IMPACT: The preparation and presentation of the AUTR to the Board meets the requirements of Division 3.15 of the Land Development Code for an annual determination of the status of public facilities. Board direction to include the projects identified in the AU'IR in the next financially feasible CIE Update and Amendment will establish and maintain concurrency for the next twelve (12) months. FISCAL IMPACT: Revenues needed to fund the CIE projects proposed in the 1997 AUIR for the FY98-02 planning period and maintain statutorily mandated financial feasibility of the CIE have previously been enacted by the Board of County Commissioners. However, funding for the staff recommended jail expansion is undetermined pending Board direction. Projected revenues needed to fund public facility construction/expansion for the FY98-02 CIE planning period total $258,642,763 as summarized on page 9. Project expenditures in excess of estimated impact fee revenues are reflected as being augmented by ad valorem taxes and utility user fees in the body of this document. RECOMMENDATION: That the Board of County Commissioners take the following actions: Accept and approve the attached document as the 1997 Annual Update and Inventory Report on Public Facilities (AUIR); Give Staff direction by separate motion and vote on Category "A" and "B" facilities relative to Staff recommendations for projects and revenue sources for inclusion in the seventh CIE Update and Amendment to be transmitted to the Department of Community Affairs as part of the Evaluation and Appraisal Report (EAR) based Growth Management Plan amendments; Find upon analysis, review and actions taken based on the 1997 AUIR that adequate Category "A" public facilities will be available, as defined by the Collier Concurrency Management System, as implemented by Division 3.15 of the LDC, to support development order issuance until presentation of the 1998 AUIR approximately twelve (12) months from this date. AGEN~,,.,~..,£~I/'~ DF.C 1 6 1997 PI. ~ PRINCIPAL PLANNER DATE REVIEWED BY: ~ · BARBARA A. CACCHIONE, AICP i)0~~ ~'~OLD, ~acP p~%,.SERVICES D/~PARTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVC$. DATE DATE 1997 AUIR EX SUMM. ARY/md/H:M^RIE'S CIE 3 TABLE OF CONTENT~ PROPOSED CIE FACILITIES AND REVENUES FY98-02 CURRENTLY PLANNED OR REQUIRED TO ELIMINATE DEFICIENCIES INDIVIDUAL FACILITY REPORTS : CATEGORY "A" FACILITIES 1. County Arterial and Collector Roads 2. State Roads 3. Parks and Recreation - Recreation Facilities - Community Park Land - Regional Park Land - Park Projects 4. Drainage Canals and Structures - Drainage Projects 5. Potable Water System 6. Sewer Treatment and Collector System - North County - South County 7. Solid Waste INDIVIDUAL FACILITY REPORTS : CATEGORY "B" FACILITIES 1 2 3 4 5 6 7 County Jail Library Buildings Library Book Stock Government Buildings Emergency Medical Services Dependent Fire District : Ochopee Dependent Fire District : Isle of Capri 4 5 22 25 27 29 30 31 33 35 37 42 44 46 48 5O 52 54 APPENDIX Capital Projects Status Report "Executive Summary" 56 - i - DEC 1 6 1997 p~. ~) PROPOSED CIE FACILITIES & REVENUES FY 98-02 _CURRENTLY P~ OR REOUIR-I~D TO ELl14~__NATE DEFICIENCIES FACILITY TYPE County Roads/Reserves* State Roads** Potable Water System Sewer System Drainage Parks & Recreation Solid Waste Emergency Medical Services Libraries Government Buildings County Jail Dependent Fire Districts ~XISTIN~/ADOPTED REVENUE SOURCES Capital Ad Valorem Gas Taxes (State and Local) Impact Fees Miscellaneous/Reserves(Roads) Carry Forward (Roads) Jail Funding*** MSTU Revenue Bonds (Drainage) Developer Contributions SFWMD FDEP City of Naples * Includes surplus funds of $5,748,000 ** Funded by FDOT *** Funding mechanism pending BCC direction TOTAL TOTAL RECOMHENDED $118,704,000 300,000 22,404,040 29,483,250 27,785,000 14,952,200 0 3,736,500 9,544,000 1,745,373 29,988,400 $258,642,763 $ 13,472,673 61,469,000 103,243,690 (2,998,000) 31,268,000 29,988,400 13,058,000 1,288,000 5,725,000 1,126,000 1.002.000 $258,642,763 DEC 16 1997 EI~rH ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES 1997 CATEGORY "A" FACILITIES November, 1997 2 NO. ~ DEC 1 6 1997 1997 COUNTY AND STATE ROADS 1997 AUIR FACILITY FORM SUMMARY (County Arterial and Collector Roads) 1997 AUIR FACILITY FORM SUMMARY (State Roads) ATTACHMENT A Transportation - Existing Conditions Report - 1996 ATTACHMENT B Collier County Transportation Planning Database Capacity Analysis (Proposed 98-02 CIE) ATTACHMENT C Collier County Five Year Road Plan 98-02 4 6 10 17 3 DI:'O ! {3 1997 ~97 AUIR FACILITY SUMMARY FORM Facility Type: County Arterial and Collector Roads (Category B) Level of Service Standard: Variable "D" to "E" Unit Cost: Variable ($953,000/Lane Mile Average) Recommended Projects by 9/30/02: Available Revenues FY98-02: 5-year Surplus or (Deficit): Capital $112,956,000 118,704,000 5,748,000 Existin~ Revenue Sources: Planned CIE FY98-02 Existing Gas Taxes (Capital) Impact Fees Carry Forward New 5 Cent Gas Tax R&B Gas Tax Miscellaneous Interest, Reimbursements State Reimbursement Revenue Reserve $ 12,306,000 29,265,000 31,268,000 17,594,000 31,269,000 2,164,000 275,000 (5,437,000) $118,704,000 B. 5-year Deficit Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: That the BCC direct Staff to include County road projects appearing on "Collier County Five Year Road Plan FY98-02" (Attachment C) in the Eighth CIE Update and Amendment. 4 DEC 1 6 1997 ~1997 AUIR FACILITY SUMMARY FORM Facility Type: State Roads (Category A) Level of Service Standard: Variable "C" to "E" Unit Cost: Variable ($1,102/Lane Mile Average) Recommended Construction by 9/30/02: Funded FDOT FY98-02: 5-year Surplus or (Deficit): Capital $300,000 300,000 0 Existinq Revenue Sources: A. Funded FDOT FY98-02 State/Federal Gas Taxes B. 5-Year Surplus or Deficit $ 300,000 0 Supp!emen~al Revenue Sources: Alternative I None Required Alternative II None Required Recommended Action: That the BCC direct Staff to include State road projects appearing on "Collier County Five Year Road Plan FY98-02" (Attachment C) in the Eighth CIE Update and Amendment. 5 DEC 1 6 1997 ATTACHMENT A TRANSPORTATION EXISTING CONDITIONS REPORT - 1996 Objective: To provide the Boaxd of County Cornmission~ with an "existi~ conditions" analysis of the transportation systcm in the unincorporated a~a of Collier County. Purpose: This analysis is provided to assist in the preparation of the Ammal Update and Inventory Report (AUIR), and more specifically to assist in the detennin~on of adequate (u-ansponation) public facilities. Considerations: analysis: The following considerations are to be assumed for the purposes ofthis The analysis year is the twelve month period ending December 31, 1996, that being the ~ compl~ year of data collection. The Collier County Gener*lized Roadway Service Volumes (July 1990), hav~ been employed for urban arterial roads while the FDOTs Collier County-Specific Generalized Maximum Service Volume Tables (I 992 release) were utilized for urban collector, rural and freeway links. Traffic volume data (raw counts) have been factored by an axle factor of .9524 to yield actual vehicle counts. Traffic volumes (and capacities) are v, vo-way totals. Average Daily Traffic (ADT) service volumes are based upon peak season, peak hour service volumes. Production factors that have caused advancements or delays have already been included in this analysis. All State highway projects needed to assist the County in meeting its concurrency requirements are fully funded by the FDOT, except where noted below. Attachments: Attached are the 1996 Collier County Transoortation Plannine Database table and the Tem~tive FY 98 to FY 02 Caoital Imorovement Plan. Conclusions: Staffhas reached the following conclusions from the 1996 Capacity Analysis: The anticipated increase in traffic growth system-wide in 1996 has resulted in only minor adjustments in the period of time available to get needed improvements into production. Ex~t~ Conc~cx~ Rep~ - t996 6 Of the 121 traffic count stations in the Coastal and Immokalee Urban Areas for which 1995 dala is also available, 72.8% (88 stations) reported increases over the 1995 annual average dally u'affie (AADT) volumes as follows: · 24.0% (29 stations) show ,n increase ffreater than 10%over 1995 · 14.9% (18 s',~tions) show an increase of 5%-10% over 1995 · 33.9% (41 stations) show ma increase ofup to 5% over 1995 Thirty. three stations (27.2%) reported a decrease in l~affi¢ volumes from 1995 as follows: 16.5% (20 stations) show a decrease of 5% or less 10.7% (13 stations) show a decrease of more than 5% Traffic Circulation Element Recommendations: In accordance with EAR recommendations, and pending approval by the Bce, amendments to the Transportation Element will have the following effect on level of service (LOS) determinations: · One proposed amendment will change the LOS s'mndard on the portion of Vanderbik Beach Rd. from U.S. 41 to Gulfshore Dr to "policy constrained." This will eliminate the existing LOS deficiency on that segment. · One proposed amendment will change the LOS standaxd on stat~ roads in the Transitioning Urbanized area (see Transpo~fion Element map TR-IAW) from "C" to "D.' This will affect segments of Davis Blvd. east of San~a Barbara Blvd., and segments or SR.951 between U.S. 41 and Marco Island. This will eliminate the imminent deficiency on Davis Blvd. between Radio Rd. and CR-951, and the existing deficiency on the segment of SR-951 from New York Drive to the Marco Island Bridge. Capital Improvement Element Recommendations: In order that concun'ency requirements be met in the period 1998-2002, it is recommended that the following improvements be added to the 1998-2002 CIE Update: · Advance the Construction Phase for CIE Project #8: lmmolcalee Road (CR-S46) (four farting) from 1-75 to CR-951. Construction 1998-1999 (Currerrtly 2000 - 2001) ' · Advance the Consm~ction Phase for CIE Project #41: Pine Ridge Road (CR896) (six-laning) from Airport Road to 1-75. Construction 1999-2000 (Currently 2000-2001) · · Add the Construction Phase for CIE Project #22: Logan Blvd. (six-laning) from Pine Ridge Road to Green Blvd. Construction 2000-2001 (Currently Not Funded) · Add the Construction Phase for CIE Project #63: Vanderbilt Beach Rd. (f'our-lanh~ Airport Road to 1-75. Construction 2000-2001 (Currently Not Funded) 7 Add thc Construction Phase for CIE Project #I: 111~' Avenue North. (four-laning) from U.S. 41 to Vand&oilt Drive. Construction 1999-2000 (Cum'rely Not Funded) Add the Construction Phase for CIE Project #16: Radio Rd. (four-laning) from Santa Barbara Blvd. to Davis Blvd. Construction 2000-2001 (Curr~Jy Not Fund~) Add the D~sign Ph~¢ for CIE Project #6: Immokalee Rd. (six-laning) from U.S. 41 to , Airport Rd. Design 2000-2 O01 (Cun'axtly Not Funded) Add Major Reconstruction Projects (CIE #27), Traffic Signals (CIE #28), and Advanced ROW (CIE #34) funds to FY02 as appropriate. Other Recommendations: The most rcccnt traffic count on SR 29 from SR 29A North to SR 82 dropped th~ segmmt from a deficient condition. If'the LOS deficiency re-occurs in future y~ars, the County should s~k to change the adopted LOS st~nda.rd on the road from "C" to "D." · Gavin Jon¢s, Transporta~n Planner Rrvicw~d By:__ Da~: D. Wayne Arnold, AICP, Plannin$ Sc'~ices Dir~nr Reviewed By Vincent A.~Cau~'ro, ~MCP, Community Development & Environment Admirfistrator DEO 1 6 1997 Existing Conditions Report - 1996 8 Ps. Da,~c Boba,.ick, P.E., T~rtation Services Diz~ctor Existing Condlflort~ Report '9 i~EC 1_ 6 1997~' I :! 12 1 13 ! !' 15 DEC 1 6 1997 p,. ,~,4- _ CIE NO, PROJECTS ATTACHMENT C ~OLLIER COUNTY FIVE YEAR ROAD PLAN FY98-02 $ (000) 1 lllTH Avenue North US 41 to Vanderbilt Drive 3 Airport-Pulling Road US 41 to Radio Road COMPLETED 4 Davis Boulevard Santa Barbara Boulevard to County Barn Road 5 Golden Gate Parkway Goodlette-Frank Road to Airport-Pulling Road 6 Immokalee Road US 41 to 1-75 COMPLETED COMPLETED COMPLETED 8 Immokalee Road 1-75 to CR-951 10 County Road 951 US 41 to Rattlesnake-Hammock Road COMPLETED 11 County Road 951 COMPLETED Davis Boulevard to Rattlesnake- Hammock Road 12 State Road 951 US 41 to Marco Bridge COMPLETED 14 Pine Ridge Road COMPLETED US 41 to Airport-Pulling Road 15 Radio Road COMPLETED Airport-Pulling Road to Santa Barbara Boulevard 16 Radio Road Santa Barbara Boulevard to Davis Boulevard 17 Rattlesnake-Hammock Road US 41 to Polly Avenue COMPLETED 19 Goodlette-Frank Road COMPLETED Carica Road to I~f, okalee Road 2600 lOS 25O 4,867 25 1773 733 30 DEC 17 -- ATTACHMENT C CIE COLLIER COUNTY FIVE YEAR ROAD PLAN_ $(000) FY 20 Gulf Shore Drive Vanderbilt Beach Road to Avenue North 111t~ELETED 21 Livingston Road (MST6) CR-846 to Imperial Street + EW Connection 22Logan Boulevard Green Boulevard to Pine Ridge Road 23 Vanderbilt Beach Road COMPLETED US 41 to Airport-Pulling Road 24Vanderbilt Beach Road Oaks Boulevard to CR-951 COMPLETED 25 Vanderbilt Drive 111th Avenue North to Bonita Beach Road 26 Westclox Road Carson Road to SR-29 COMPLETED 27 Major Reconstruction 28 Traffic Signals 31 Bonita Beach Road West of Vanderbilt Drive COMPLETED 32 Santa Barbara Boulevard SR-84 To Rattlesnake- Hammock Road 33 County Barn Road Davis Boulevard to Rattlesnake- Hammock Road 34 Advance Right-of-Way Acquisition 35 Carson Road COMPLETED Lake Trafford Road to Immokalee Drive 18 1541 1713 1,331 15 2,625 2,500 35 200 1,500 1997 CIE NO. ?ROJECTS ~TTACHMENT C COLLIER COUNTY FIVE YEAR ROAD PLAN ~Y98-02 $(000) 36 New North-South Road CR-858 to CR-846 COMPLETED 37 County Road 951 Golden Gate Boulevard to Immokalee Road 38 Pedestrian Overpass on SR-29 39 Airport-Pulling Road Golden Gate Parkway to Pine Ridge Road 40Goodlette-Frank Road Golden Gate Parkway to Solana Road 41 Pine ridge Road Airport-Pulling Road to 1-75 42Vanderbilt Beach Road US 41 to Gulfshore Drive 52 Livingston Road Pine Ridge Road to Wyndemere 53 Livingston Road Golden Gate Parkway to Radio Road COMPLETED COMPLETED 5,205 485 7,453 10,061 54 Bald Eagle Drive North and South of SR-951 DELETED* 55 Airport-Pulling Road' Vanderbilt Beach Road Extension to Pine Ridge Road 6,225 56 Santa Barbara Boulevard Golden Gate Parkway to Radio Road 4,187 57 Livingston Road Immokalee Road to Vanderbilt Beach Road 8,850 * Located inside the incorporated area of the City of ~ Island. 19 50 50 .1. 6 1997 CIE NO. PROJECTS ATTACHMENT C CQLLIER COUNTY FIVE YEAR ROAD PLAN $(000) FY FY 58 Livingston Road Vanderbilt Beach Road to Pine Ridge Road 59 North 11th Street (Immokalee) Roberts Avenue to SR-29 60 Environmental Mitigation 61 County Road 951 Golden Gate Parkway to Davis Boulevard 62Golden Gate Boulevard CR-951 to Wilson Boulevard 63 Vanderbilt Beach Road Airport-Pulling Road to 1-75 64 lllth Avenue North Gulfshore Drive to Vanderbilt Drive 65Goodlette-Frank Road Carica Road to Pine Ridge Rod 66 Lake Trafford Road West of SR-29 67 North ist Street Main Street to New Market Road 68 Old US 41 US 41 to the Lee County Line 69 Intersection Improvements Pine Ridge Road at Airport- Pulling road 70 Goodland Bridge Repair Total Project Costs 2O COMPLETED 6,070 170 420 19 8,682 2,900 7,270 876 90,686 5O '1997 I I CIE NO. PROJECTS COLLIER CQUNIY TEN yEAR ROAD PLAN FYg8-0~ $(000) ATTACHMENT C FY 00 Commercial Paper Interest and Principal Reserves/Miscellaneous Projects SUBTOTAL State Road Projects TOTAL 7,011 14,954 112,651 3OO 180 DEC 1 $1997 1997 AU~R FACILITY SUMMARY FORM Facility Type: Recreation Facilities (Category A) Level of Service Standard: $179 capital inventory per capita Unit Cost: Variable Available Inventory 9/30/97: (at current CCI) Required Inventory 9/30/02: (at current CCI) Planned CIE FY98-02 5-year Surplus or (Deficit): Capital $58,819,367 45,165,459 14,952,200 25,606,108 1. Existinq Revenue Sources: Planned CIE FY98-02 Park Impact Fees $ 14,952,200 Gas Taxes (Bicycle Paths included in road funding $1,250,000) Supplemental Revenue Sources: A. Alternative I None Required R~¢ommended Action: That the BCC direct Staff to include "Planned CIE FY98-02" projects in the Eighth CIE Update and Amendment. Staff also recommends that the Construction Cost Index (C.C.I.) factor adopted in FY94/95 continue to be used to maintain per unit value of rec~/ired facilities to present value. The C.C.I. for 1997 is 4.4%. 22 DEC 1 6 1997 23 24 0 u 0 U 0 1.4 0 No. DEC 1 6 1997 1997 AUIR FACILITY SUMMARY FORM Facility Type: Community Park Land (Category A) Level of Service Standard: 1.2882 acres per 1000 population Unit Cost: $33,000/acre (average) Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): 419.0 $13,827,000 325.0 10,725,000 0 0 94.0 3,102,000 ~xistinq Revenue Sources: A. Planned CIE FY98-02 None Required ~uDplemental Revenue Sources: A. Alternative I None Required B. Alternative II , None Required Recommended Actiont None Required at this time. Staff is developing a plan for acquisition of additional park land for presentation prior to the next (1998) AUIR. 25 DF.P, 1 6 1997 26 _1997 A~r~R FACILITY SUMMARY FOR){ Facility Type: Regional Park land (Category A) Level of Service Standard: 2.9412 acres per 1000 population Unit Cost: $25,000/acre (average) Available Inventory 9/30/97: Reql/ired Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): 1. ~xistinc Revenue Sources: Planned CIE FY98-02 None required 2. Supplemental Revenue Sourcesm Alternative I None required 2207.0 $55,175,000 742.1 18,552,500 0 0 1464.9 36,622,500 Recommended A~i°n[ None required at this time. Staff is developing a plan for acquisition of additional.park land for presentation prior to the next (1998) AUIR. 27 1997 AUIR FACILITY BUMMARY FORM Facility Type: Drainage Canals & Structures (Category A) Level of Service Standard: Future Development - 25 year, 3 day storm Exis~in~ DeYeloDmen~ - current service level Unit Cost: Primary Canal Mile Secondary Canal Mile Primary Structure Secondary Structure $560,000 340,000 500,000 300,000 Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): Canal Miles/ 358 358 N/A N/A $179,820,000 179,820,000 27,785,000 N/A ~xistinq Revenue Sources[ A. Planned CIE FY98-02 Ad Valorem Developer Contributions SFWMD FDEP MSTU City of Naples TOTAL $ 5,586,000 1,288,000 5,725,000 1,126,000 13,058,000 1,002,000 $27,785,000 ~uDDlemental Revenue Sources[ A. Alternative I None Required Recommended Action: That the BCC direct Staff to include studies and projects in the Eighth .Planned CIE FY98-02" CIE Update and Amendment. 29 DEO 1 6 '1997 Z , 30 I~EC 1 6 1997 P~. 1997 AUIR FACILITY SUMMARY FORM Facility Type: Potable Water System (Category A) Level of Service Standard: 154 GPD/Capit& + 20% non-residenti&l (Proposed) Unit Cost: $2,800,505 Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): 24.0 $67,212,120 20.4 57,130,302 8.0 22,404,040 11.6 32,485,858 Existin~ Revenue Sources~ A. Planned CIE FY98-02 System Development Fees/Revenue Bonds $22,404,040 Supplemental Revenue Sources: Alternative I None Required Alternative II None Required Recommended Action~ That the BCC direct staff to include .Planned CIE FY98-02" projects in the Eighth CIE Update and Amendment. Also, that the adopted LOSS be amended to 185 gpdc, weighed against the "peak serviced population", in order that the GMP is consistent, with the recently adopted Water Master Plan. 31 1997 AUIR FACILIa"f SUMMARY FORM Facility Type: Sewer Treatment and Collection System - North County (Category A) Level of Service Standard: 119 OPD/Capita + 21% non-residential (Proposed) Unit Cost: $5,896,650 Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): M~D 8.5 $50,121,525 8.6 50,711,190 5.0 29,483,250 4.9 28,893,585 ~Xis~in~ Revenue Sources: A. Planned CIE FY98-02 System Development Fees/Revenue Bonds $29,483,250 Supplemental'Revenue Sources: Alternative I None Required Alternative II None Required Recommended Action: That the BCC direct staff to include "Planned CIE FY98-02" projects in the Eighth CIE Update and Amendment. Also, that the adopted LOSS for the North Plant be amended to 145 gpdc, weighed against the "peak serviced population", in order that GMP is consistent with the recently adopted Wastewater Master Plan. 33 DE O 1 6 1997 DEC 1 $1997 1997 AUIR FACILITY SUMMARY FORM Facility Type: Sewer Treatment and Collection System - South County (Category A) Level of Service Standard: 100 GPD/Capita + 21% non-residential Unit Cost: $5,896,650 Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): 8.0 $47,173,200 8.1 47,762,865 2.5* N/A 2.4 14,151,960 Existing Revenue Sources; A. Planned CIE FY98-02 None Required Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: That the BCC direct staff to amend the population basis for LOSS assessment to the "peak serviced population", in order that the GMP is consistent with the Wastewater Master Plan. *Note: Additional capacity of the South Plant is to be achieved by a "re-rating" of the plant in 1999 as opposed to construction of added capacity. 35 DEC 1 8 1997 36 NO..~ DEC 16 1997 1997 AUIR FACILITY SUMMARY FORM Facility Type: Solid Waste (Category A) Level of Service Standard: 10 year raw land supply Unit Cost: $10,000/acre (average) Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): Acres 184.8 184.7 0 (58.9) $1,848,000 1,847,000 0 589,000 Existinq Revenue Sour=~; A. Planned CIE FY98-02 None Required Supplemental Revenue Sources: Alternative I None Required Alternative II None Required Recommended Action: Staff recommends no action by the BCC to add a land acquisition project to the CIE until after the 1998 AUIR. This will permit final site selection and cost analysis for inclusion of the relocated County landfill project in the Nineth CIE Update and Amendment. 37 NO. ~ DEC., 1 6 1997 1997 AUIR FACILITY SUMMARY FORM Facility Type: Solid Waste (Category A) Level of Service Standard: 2 year lined capita Unit Cost: $13.35/ton cell capacity at 1.10 ton/ Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): 1,657,387 $22,126,116 630,358 8,415,279 0 0 (84,S02) (1,128,101) Existin~ Revenue Sourc~; A. Planned CIE FY98-02 None required Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: No additional cell expansion is recommended at this time pending final site selection and acquisition for relocation of the County landfill. 39 I 1 6 1997 4O DE~C ! G 199Z EIGHTH ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES 1997 CATEGORY "B" FACILITIES November, 1997 41 AG£~ DEC 1 6 1997 AUIR FACILITY SUMMARY FORM Facility Type: County Jail Level of Service Standard: Unit Cost: $30,800 per bed (Category B) .0024 beds per capita Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): 754 824 260 191 ~alue/Cos~ $23,223,200 25,379,200 29,988,400* 5,882,800 1. Existina Revenue Sources: A. Planned CIE FY98-02 None B. 5-Year Deficit None 2. $~PDl~men~al Revenue Sources: Alternative I G.O.B. Referendum $29,988,400* Be Alternative II Annual Budget Capitol Appropriation (Ad Valorem) $29,988,400* Alternative III COP Bonds $29,988,400* D. Alternative IV Correction Facilities Impact Fee $29,988,400* Recommended Action: That the BCC direct staff to restore CIE Project #400 to the Eighth CIE Update and Amendment as recommended in the draft final Integrative Corrections Strategic Development Plan pending final approval by the BCC. *NOTE'. Includes jail and jail support facilities for both the Naples and Immokalee Jail Centers. Estimated cost includes the addition of 260 new beds and the replacement of the existing 172 beds at the Immokalee Jail Center, for a total of 432 beds. D£O ! 6 1997 NO. ~ I:)EO 1 6 1997 Pl. ~ 1997 AUIR FACILITY S~Y FORM Facility Type: Library Buildings (Category B) Level of Service Standard: 0.33 sq. ft. per capita Unit Cost: $153.97 sq. ft. Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): ~ouare Feet 78,082 93,156 36,399 (21,325) $12,022,285 14,343,229 5,604,354 (3,283,410) Existinq Revenue Sources: A. Planned CIE FY98-02 Library Impact Fees Ad Valorem B. 5-Year Deficit None required SupplcmgDtal Revenue Sources: A. Alternative I None Required B. Alternative II None Required $ 5,259,800 $44,600 5,604,400 Recommended Action: That the BCC direct staff to include "Planned CIE FY98-02" projects in the Eighth CIE Update and Amendment. 44 AG£~ 1997 ~,pp7 AUIR FACILITY ~UMMARY FORM Facility Type: Library Book Stock (Category B) Level of Service Standard: 1.15 - 1.65 (progessive) Books per capita (proposed) Unit Cost: $29.40 per volume Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): 275,323 $ 8,094,496 409,323 12,034,096 134,000 3,939,600 0 0 Existina Revenue Sources: A. Planned CIE FY98-02 Ad Valorem $ 3,939,600 Supplemental Revenue Sources: Alternative I None Required Alternative II None Required Recommended Action: That the BCC direct staff to include "Planned CIE FY98-02" book collection additions in the Eighth CIE Update and Amendment. 46 DEC 1 6 1997' NO. DEC 1 6 1997 47 1997 A~IIR FACILITY SUMMARY FORM Facility Type: Government Buildings (Category B) Level of Service Standard: 2.58 sq. ft. per capita Unit Cost: $136.56 Available Inventory 9/30/97= Required Inventory 9/30/02= Planned CIE FY98-02 5-year Surplus or (Deficit): 575,211 650,988 12,781 (62,996) $78,550,814 88,898,921 1,745,373 (8,602,733) Existing Revenue Sources: A. Planned CIE FY98-02 Capital Ad Valorem B. 5-year Deficit Capital Ad Valorem $ 1,745,373 $ 8,602,733 Supplemental Revenue Sources: Alternative I None Required Bo Alternative II None Required Recommended Action: That the BCC direct Staff to include "Planned CIE FY98-02" projects in the Eighth CIE Update and Amendment. No additional projects are recommended to relieve deficiencies beginning in FY 99-00 prior to the next (1998) AUIR. 48 DEC 1 6 1997 E~o 0 49 DEC 1 6 1997 1997 AUIR FACILITY ~]N~R~ FORM Facility Type: Emergency Medical Services (Category B) Level of Service Standard: .000068 units per capita Unit Cost: $747,300 per unit (vehicle + building) Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 S-year Surplus or (Deficit): 14 19 5 0 $10,462,200 14,198,700 3,736,500 0 Existing Revenue Sources: A. Planned CIE FY98-02 EMS Impact Fees Capital Ad Valorem B. 5-year Deficit $1,879,400 S1.857.100 $3,736,500 Supplemental Revenue Sources: Alternative I None Required Alternative II None Required Recommended Action: That the BCC direct Staff to include "Planned CIE FY98-02" projects in the Eighth CIE Update and Amendment. 5O DEC ! 6 1997 1997 A~IR FACILIT~ BD%~MARY FORM Facility Type: Dependent Fire District - Ochopee (Category B) Level of Service Standard: .00057 apparatus and station/capita Unit Cost: $116,537/unit Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 5-year Surplus or (Deficit): 4 $ 466,148 1.0 116,537 0 0 2.9 337,957 Existing Revenue Sources[ A. Planned CIE FY98-02 None Required ~uDDlemen~al Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action~ No action is required by the BCC at this time. 52 AGENJ:~,~EH NO. ~ DEC 1 6 1997 53 1997 AUIR FACILITY SUMMARY FORM Facility Type: Dependent Fire District - Isle of Capri (Category B) Level of Service Standard: .00097 apparatus and station/capita Unit Cost: $612,560/unit Available Inventory 9/30/97: Required Inventory 9/30/02: Planned CIE FY98-02 B-year Surplus or (Deficit)= 1 $ 612,560 1.8 1,102,608 0 0 (0.8) (490,048) Existing Revenue Sources: A. Planned CIE FY98-02 None Required ~uDDlemental Revenue Sources: Alternative I None Required Alternative II None Required Recommended Action: No action is required by the BCC at this time. 54 DEC 1 $1997 55 APPENDIX CAPITAL PROJECTS STAT~/~ REPORT ~ EXECUTIVE SUMMARY~ END OF FYg? Prepared by Office of Capital Projects (OCPM) 56 DEC 1 6 1997 CAPITAL PROJECTS STATUS REPORT December 1997 EXECUTIVE SUMMARY The Office of Capital Projects Management is pleased to' submit this annual edition of the Capital Projects Status Report (CPSR). This edition documents the pwgress of the Capital Improvement Element (CIE) projects through Fiscal Year 1996-I 997. The following CIE projects were completed since the previous armual report dated October 1996: CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE 010/# 011, CR 951 (US 4I to Davis Boulevard) 023, Vanderblit Beach Road, CR 862 (US 41 to Airport Road) 031, Bonita Beach Road (west of Vanderbilt Drive) 305, Corkscrew EMS Station 604, Building "W' (General Services Building) Expansion 710, Caxambas Park Concession Building (Marco Island; I of 2 projects under 730, Gulfcoast Little League Park (East Naples) 723, East Naples Skateboard Facility 728, lmmokalee Community Park Basketball Conrts 729, Marco Island Racquet Center Total number of CIE construction projects completed this fiscal year: Total number of CIE projects currently under construction this fiscal year:. Total number of CIE projects to commence construction this fiscal year:. Total number of CIE projects currently in the pre-construction phase: 10 8 5 44 The next annual edition of the CPSR will be distributed October, 1998. As always, we strive to produce the highest quality report to meet the information needs of the Board of County Commissioners, the County Administrator, Division Administrators and the public. Thc Office of Capital Projects Management Team is committed to doing whatever is necessary to continue providing the best facilities at the best price at the right time. If you have any questions or comments, please contact me or the OCPM project management staff. Adolfo A. Gonzalez, P.E., Director Office of Capital Projects Management ROAD SERIES SERIES 000 Executive Summ~ry This section includes the Transportation Capital Improvement Element (CIE) projects of the Growth Management Plan. Three road projects were completed since the last annual report: CIE CIE CIE # 010/# 011, CR 951 (US 41 to Davis Boulevard) # 023, Vanderbllt Beach Road, CR 862 (US 41 to Airport Road) # 031, Bonita Beach Road (west of Vanderbilt Drive) One road project is currently under construction: CIE # 017, Rattlesnake-Hammock Road, CR 846 ('US 41 to Polly Avenue) Completion occurred in November 1997. One road project is scheduled to commence construction in FY 9%98: CIE # 053, Livingston Road (Radio Rd to Golden Gate Parkway) The following road projects are in the pre-construction phase: CIE # 001, Illth Avenue, CR 846 (Vanderbilt Drive to US 41) CIE # 008, Immokalee Road, CR 846 (I-75 to CR 951) CIE # 016, Radio Road, CR $56 (Santa Barbara Blvd. to Davis Blvd.) CIE # 021, Livingston Road MSTU Clmmokalee Road to Imperial St.) CIE # 025, Vanderbllt Drive, CR 901 (11 lth Avenue to Bonita Beach Rd) CIE # 027, Major Reconstruction (County-wide) CIE # 028, Traffic Signals (County-wide) CIE # 034, Advanced Right of Way Acquisition (benefits multiple road CIE projects) CIE # 032, Santa Barbara Boulevard (Davis Blvd. to Rattlesnake-Hammock Rd) CIE # 033, County Barn Road (Davis Blvd. to Rattlesnake-Hammock Rd) CIE # 035, Car~on Road (Lake Trafford Rd to Immokalee Dr) CIE # 037, CR 951 (Golden Gate Blvd. to Immokalee Rd) CIE # 040, Goodlette-Frank Road, CR 851 (Pine Ridge Rd to Vanderbilt Beach Rd) CIE # 041, Pine Ridge Road, CR 896 (Airport Rd to Logan Blvd.) CIE # 042, Vanderbilt Beach Road, CR 862 (west of US 41) [deferred] CIE # 052, Livingston Road (Golden Gate Parkway to Pine Ridge Rd) ROAD SERIES continued 2 DEC 1 6 1997 CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE # 054, Bald Eagle Drive, CR 953 (north and south of SR 951) # 055, Airport Road, CR 31 (Pine Ridge Rd to Vanderbilt Beach Rd) # 056, Santa Barbara Boulevard (Radio Rd to Golden Gate Parkway) # 057, Livingston Road (Vanderbilt Beach Rd to Immokalee Rd) # 058, Livingston Road (Pine Ridge Rd to Vanderbilt Beach Rd) # 059, North 1 lth Street (Immokale¢) # 060, Environmental Mitigation (benefits multiple road CIE projects) # 061, CR 951 (Davis Blvd. to Golden Gate Pkwy) # 062, Golden Gate Boulevard (CR 951 to Wilson Blvd.) # 063, Vanderbllt Beach Road, CR 862 (Airport Rd to 1-75) # 064, 111 th Avenue, CR 846 (Gulfshore Dr to Vanderbilt Dr) # 065, Goodlette-Frank Road, CR 851 (Pine Ridge Rd to Vanderbilt Beach Rd) # 066, Lake Trafford Road (west of SR 29) tt 067, North Ist Street (Main St. to New Market Rd) # 068, Old US 41, CR 887 (US 41 to Lee County line) # 069, Intersection Improvements (County-wide) 3 AGE: DEC 1 6 1990 P~ GOVERNMENT BUILDING SERIES SERIES 300-600 Executive Summary This section includes the Government Building Capital Improvement Element (CIE) projects of the Growth Management Plan. Two building projects were completed since the last annual report: CIE # 305, Corkscrew EMS Station CIE # 604, Building "W' (General Services Building) Expansion Building projects currently under construction include: CIE # 503, Marco Island Branch Library Addition Completion is scheduled for April 1998. CIE # 608, Medical Examiners Facility Completion is scheduled for April 1998. No building project is scheduled to commence construction in FY 9%98. CIE building projects in the pre-construction phase include: CIE # 400, Jail Expansion On hold pending the development of a financially feasible plan to implement the findings in the Update of the Inte_m'ative Corrections Strategic Development Plan. CIE # 505, Immokalee Branch Library Addition 4 1997 PARK SERIES SERIES 700 Executive Summary_ This section includes the Parks and Recreation Capital Improvement Element (CIE) projects of the Growth Management Plan. Park projects completed since the last annual report include: CIE # 710, Caxambas Park Concession Building (Marco Island; 1 of 2 projects under CIE # 730, Gulfcoast Little League Park (East Naples) CIE # 723, East Naples Skateboard Facility CIE # 728, lmmokalee Community Park Basketball Courts CIE # 729, Marco Island Racquet Center Park projects currently under construction include: CIE # 701, Countywide Bikeway Improvements Ongoing throughout the County CIE # 724, Sugden Regional Park (Lake Avalon Park) Completion of Phase I is scheduled for June 1998. CIE # 717, Tigertail Beach Restrooms (Marco Island) Completion is scheduled for December 1998. CIE # 719, Clam Pass Park Phase II Completion is scheduled for December 1997. CIE # 728, Immokalee Community Park Soccer Field Lights Project scope may be expanded to provide additional lighting. One park project is scheduled to commence construction in FY 9%98: CIE # 710, Bayvlew Park Dredge The following park projects are in the pre. construction phase: CIE # 702, South Naples Community Park CIE # 714, Orange Tree Park (f/Wa 9th Community Park) CIE # 716, Athletic Field Development WATER UTILITIES SERIES SEKIES 800 Executive Summary This section includes the Water Utilities Capital Improvement Element (CIE) projects of the Orow~ Management Plan. The list of Water and Waste Water capital improvement element projects will be updated in FY 97198 to reflect changes made in the recently completed Water and Waste Water Master Plans. The projects listed below relate to the previously adopted master plans. No water utility projects were completed since the last annual report: No water utility CIE projects are currently under construction. Water utilities projects scheduled to commence construction in FY 97-98: CIE # 8:18, North Regional Wellfleld CIE # 859 and 865, NCRWTP Expansion CIE # 860, Aquifer Storage and Recovery One water utilities CIE project is in the pre-construction phase: CIE # 837, Livingston Road MSTU 16" Water Main 6 1997 WASTE WATER UTILITIES SERIES SERIES 900 Executive Summary This section includes the Waste Water Utilities Capital Improvement Element (CIE) projects of the Grow& Management Plan. The list of Water and Waste Water capital improvement element projects will be updated in FY 97/98 to reflect changes made in the recently completed Water and Waste Water Master Plans. The projects listed below relate to the previously adopted master plans. Waste water projects completed since the last annual report include: No waste water CIE projects are currently under construction. No waste water CIE projects are scheduled to commence construction in FY 97-98. Waste Water utilities projects in the pre-construction phase include: CIE # 916, SCRWWTF Expansion CIE # 922, Waste Water Telemetry CIE # 924, Master Pump Station 1.01 This project is on hold pending evaluation of alternative pumping station designs and locations. CIE # 925, Master Pump Station 1.04 This project was deferred beyond the current 5 Year Plan. 7 DEC 1 $1997 SOLID WASTE MANAGEMENT SEKIES SEKIES 1000 Executive Summary This section includes the Solid Waste Capital Irnprovcrncnt Elcrncnt (CIE) projects of the Growth Management Plan. 1% Solid Waste projcct was completed since the last annual report include: There are no solid waste projects currently undo' construction. No solid waste projects are scheduled to commence construction in FY 97-98. Two solid waste CIE projects are in the pre-construction phase: CIE ii 1006, Develop New Landfill Site This project is on hold pcnding the results of CIE ii 1009 with respect to finding a new landfill site. CIE ti 1009, Landfill Site Evaluation The landfill siting committee has developed a list of potential landfill sites. A final report with recommendations is expected in FY 97-98. 1997 EXECUTIVE SUMMARY LIVINGSTON ROAD CORRIDOR - PROPOSED JOINT PARTICIPATION AGREEMENT CONCEPT I OBJECTIVE: To inform the Board of County Commissioners that ajolnt participation funding and construction proposal was' presented to staff on 12/02/97 by Long Bay Partners (LBP) regarding the Livingston Road Corridor between Immokalee Road and the Collier/Lee County line. LBP has requested that the proposal be brought forward to the BCC as a request for conceptual approval. CONSIDERATIONS: The Livingston Road segment between Immokalee Road and the Lee County line has been considered for private/public funding and construction efforts in the past. The most recent approach to funding and constructing Livingston Road was attempted in the late 1980's and early 1990's. An MSTBU was established in 1986 to fund this north/south segment and an east/west road connecting to Old US 41. The approach involved the County selling bonds with the proceeds to be used to fund construction of Li'-;ingston Road. The MSTBU, encompassing benefited properties, would be responsible for an annual assessment used to fund debt service on the construction bonds. This approach was partially implemented. The bonds were sold but permitting could not be obtained in a timely manner. The permits were delayed for several years leading to the property owners ~vithdrawing support for the project. Without permits or support, the project was removed from the fast track. Livingston Road is presently included within the 2020 road plan. County permitting, ROW acquisition efforts and mitigation for the corridor have continued to be budgeted and pursued. Roadway design is presently 60% complete. The utility component for this corridor is not included in the recently completed Water or Wastewater master plans. Long Bay Partners (LBP) is proposing to build the Livingston Road segment between Immokalee Road and the Collier/Lee line in return for Road Impact Fee credits. The principal elements of the LBP proposal are: I. LBP will build, fund, or otherwise cause to be constructed a public two-lane road meeting the specifications of Collier County's design plans, from its current terminus, about ¼ mile north oflmmokalee road, to the Collier/Lee County Line. 2. LBP will provide fill material for thc road segment. g:~executive surnm~riesXlivingston ro~d.doc 3. LBP will dedicate right of way from the property that they are purchasing along its entire road frontage (approximately one mile) to accommodate the road segment. 4. Collier County will complete the construction plans, specifications, permits, right of way acquisition, and mitigation necessary for the road segment. 5. Collier County will cooperate with LBP in establishing permanent project identification signage at the intersection of Immokalee Road and Livingston Road. 6. Collier County will issue to LBP Road Impact Fee Credits for a residential unit mix determined by LBP. Values shall be as shown in Appendix A of Collier County Code of Laws and Ordinances Article VII-Road Impact Fees, Section 74 - 351 at the time of approval of the JPA. The issuance ofthe Credits will be phased commensurate with the construction of the road. 7. LBP and Collier County will diligently pursue discussions with Lee County and make other appropriate efforts to encourage Lee County to program and fund the construction of Livingston Road from the Collier/Lee County Line north to Bonita Beach Road. Due to the value of the public improvements to be made by LBP, estimated to exceed four million dollars, and the low density of the proposed master planned community (less than two units per acre), LBP will receive credits in excess of amount that will be needed within their Community. Collier County will allow LBP to sell or otherwise assign surplus credits within Road Impact Fee District One to developers, builders, or property owners that receive a benefit from the construction of the road. Specific criteria including the time frame for the sale or transfer of these surplus credits will be incorporated into the JPA to ensure that there will not be an adverse impact to the cash flow or liquidity of the Collier County Road Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County Transportation Network as required by Collier County Code of Laws and Ordinances Article VII-Road Impact Fees, Section 74 -333 (D) Developer Contribution Credits. Public Works Division Staffhas reviewed this proposal and, based on Livingston Road's inclusion in the 2020 master plan, has determined that the LBP Joint Participation Agreement concept for construction of Livingston Road to the Collier County line and into Lee County to Bonita Beach Road will provide a public benefit. The issuance of any impact fee credits should be predicated on the completion of Livingston Road as a 'fiable transportation system link. From a practical standpoint this would occur at the earlier of the linking of Livingston Road to Bonita Beach Road or the east/west linking to Old US 41. g:~executive summaries\livingston road.doc The value of the impact fee credits should not exceed the value of LBP's investment in the improvements. The total credit should be based on a total dollar amount not a predetermined number of units. In addition, the sale or transfer of surplus credits for the benefit of LBP or others will require direction to staff since previous Board action did not allow for such transfers or sales. Regarding permanent project identification signage as discussed in item $ above, we believe this is a matter that falls under the LDC and other county codes. It should not be made part of the 3PA to construct this roadway. In developing the Joint Participation Agreement with LBP personnel, Collier County Staff will ensure that the stipulations and conditions contained within the Road Impact Fee Ordinance(s) will be followed. FISCAL IMPACT.'.. The total cost of the Livingston Road segment exclusive of constructing the east/west leg is estimated to be $I 1AM. Of this amount, the County has funded or will fund approximately $7M directly and under the JPA concept the county will ultimately fund an additional $4.4M through impact fee credits. To date the County has expended approximately $4.4M on this project. The breakdown is as follows: $1 .SM on ROW, $1.1M on design and permitting, $.6M on mitigation, $1.2M on financing. The FY 98 Road Capital budget includes $1.4M for ROW acquisition. In addition, Staff estimates additional ROW acquisition expenditures of $.7M in FY 99. Completion of roadway design and permitting is estimated to cost an additional $.$M. The additional ROW and design costs can be included in the FY 99 budget. The proposed arrangement calls for road impact fee credits to be granted to LBP in an amount equal to LBP's cost to construct the proposed Livingston Road project. LBP estimates construction costs for the Immokalee to the Collier/Lee line segment to be approximately $4.4M. The breakdown of improvements is $3.1M for the phase 1 segment, (current southern terminus of Livingston Road to the LBP project) and $1.3M for the phase 2, (from LBP project to the Collier/Lee Line). GROWTH MANAGEME.....NT IMPACT: The Livingston Road segment described herein is contained within the 2020 road plan. It is not funded within the 5 year C.I.E. The recently adopted Water & Wastewater Master Plans do not include expansion of the Utility systems within the planning horizon. g:~executiv¢ summarics~livingston road.do~ RECOMMENDATIONS; Based on staff's evaluation, staffrecommcnds thc Board approve the Joint Participation Agreement in concept. Conceptual approval should not be considered binding to any proposed specific conditions. Staff will work with LBP to develop a Joint Participation Agreement for Board review and approval. PREPARED B~ns Director - REVIEWED BY: REVIEWED BY: Da~'~ Boba~ick, T~rtation Director Adolfo Gonzalez, OCP/~I'Di~r % BY:~ DATE: Ed Ilschner, Public Works Division Administrator _ D I z/'/o,,"?? DATE: I ~'~/~? g:~cx~cutivc summarics~iivin~,ston mad.doc 4 I EXECUTIVE SUMMARY, APPROVAL OF A PROPOSED PLAN TO REMOVE NON-SPECIFICATION MATERIAL FROM PORTIONS OF THE NAPLES BEACH. _ OBJECTIVE; To obtain approval to implement a proposed plan to remove non- specification material that was placed during construction of the Collier County Beach Restoration project along portions of the Naples beach. CONSIDERATIONS: During construction of the Collier County Beach Restoration project, the Contractor pumped non-specification material onto the Naples be~h in the vicinity of 5t~ Avenue South and 13~' Avenue South affecting an area from 4~' Avenue South to 10t~ Avenue South and from 13~ Avenue South to 14t~ Avenue South. The Contractor was directed to and attempted to cleanup and remove such material fi.om those areas during the allowable construction period. Upon completion, it visually a~ thai such had been accomplished. Subsequently, however, adjustments to the be~ch profile have exposed additional material which had not been cleaned up and removed. After investigating daily survey records, it was discovered that the Contr~or had dredged outside the specified limits of the borrow area during the time period when the non- specification material was pumped onto the beach. In accordance with provisions in the contract documents, payment was deducted from the total mount due the Comr~or based upon the estimated quantity of material dredged outside the limits of the bon-ow area. Therefore, it was decided to use those funds (approximately $60,000.00) for future remedial and corrective actions assodated with the non-specification material as a function of beach maintenance. This procedure was reviewed and found to be appropriate as contained in the attached correspondence fi'om the County Attorney's Office. During the spring of 1997, efforts to remove the unacceptable material were performed utilizing several methods. A Rotar greening device was used initially in the area from 4'~ Avenue South to 6ts Avenue South but was found to be ineffective. A power screen was used in the area from 6t~ Avenue South to 10'" Avenue South resulting in acceptable removal of the non-specified material. The use of the Beach Tech 3000 has dso been effective in removing this material from the dry beach area during its routine beach cleaning operation. Only manual labor has been used to date for removal in the area from 13u' Avenue South to 14~ Avenue South. Approximately $57,000.00 has been expended to date through these efforts. At this time, the cleanup and removal ofthis unacceptable material is still necessary at two locations. Therefore, the attached plan is presented for your consideration in an effort to provide the highest quality recreational fac'dity possible. The Beach Renourishment/lVlaintenance Committee unanimously recommended approval of same at their regularly scheduled meeting on December 4, 1997. Executive Summary- Removal of Non-sp~fication Material from Naples beach. December 5, 1997 Page 2 Cost: und: ~Cost Center: $?5,000.0o; to be ~ in tl~ ~ for FY (195) Tota-ist ~ - (:K~ (S0225) Coll/er County Beach Rest~ Funds in th~ amount of $170,000.00 hav~ been appropriated f~ this purpose in the current budget. QROWTH MANAGEMENT IMPAC'F: None. RECOMMENDATION: That the Board of County Commissioners approve the proposed plan to cleanup and remove the unacceptable non-specification material and replace with approved beach fill material in the areas of 4a Avenue South to 6a Avenue South and 13'a Avenue South to 14'a Avenue South along the Naples beach. Harold E. H~j)~r, Project Manag~ III Adolfo n. Go ,,.alez,.P.E~Direc~r _~.,~.~Office o_fCapi ~ REVIEWED BY: ~---r.~ ~ Date: Ed Ilschner, Administrator Public Works Divi~on / attachments cc: Beach Renouds~intenanca Corem/tree TO: FROM: DATE: RE: MEMORANDUM RECEIVED Han'y E. Huber, Project Manager III NOV 0 6 1997 Public Works Division, Office of Capital Projects Manage~01q'0,;l:.Ur t;~'~ l/it. PROJr:k~ ~ANa~ M¢lissa A. Vasquez, Assistant County Attorncy~4 d November 5, 1997 Collier County Beach Restoration; RLS # PJM 97-10-1 $-01 Please accept this memorandum in response to your request for legal services ("RLS"). Each of your inquiries will be addressed separately. 1. Were our actions legally appropriate? It is my understanding from reviewing the contract documents and your RLS that the Contractor used materials in the beach restoration project which did not comply with the contract specifications. In an effort to correct this defect in the contract performance, you implemented contract provision TS-9.4, which provides for a deduction from the money owed to the Contractor for the amount of nonconforming materials used. This procedure is clearly provided for in the contract documents. 2. Were there any other remedies that could have been taken? If so, are they still available? Pursuant to section 23.1 of Exhibit A, General Terms and Conditions, work not conforming to the requirements of the contract documents shall be deemed defective work. If required by the Owner or the Design Professional, the Contractor must, as directed, either correct ail defective work, or if work has been rejected by the Owner or Design Professional, remove it and replace it with undefective work, the cost of which is to remain with the Contractor. If the Contractor fails, within a reasonable time after written notice, to correct the defective work or to remove and replace rejected defective work, the Owner may after seven (7) days written notice, con'ect and remedy any such deficiency. The cost to the Owner in exercising this right can be charged to the Contractor. See Contract Documents § 23.5, Exhibit A, General Terms and Conditions. It does not appear from the information provided to me that the work was rejected, but rather was accepted pursuant to § 23.4 discussed below. Section 23.3 provides for the Owner or Design Professional to order the Contractor to stop the work until the cause for the stop order has been eliminated. It is my tmderstanding that .... the work has been completed, therefore this Provisi°n is n°t available' F'~'"'-. ~ ~'-~ ,'~? i Page Two Section 23.4 allows thc Owner to accept thc defective work. If such acceptance is done prior to final payment, a change order should be executed evidencing the acceptance and reflecting a decrease in the contract amount. If acceptance is made after final payment, the Contractor is obligated to pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective work. It is my understanding from your memo, that this section was exercised in conjunction with provision T8-9.4, and the compensation paid to the Contractor was adjusted accordingly. As a result all other remedies regarding this issue are no longer available. 3. Based upon information contained in the Contract Documents, did the Design Professionals take appropriate action in identifying the sand source? This is not a legal question and is not within my expertise to anawer. I hope this has been responsive to your inquiry. If I can be of further assistance or you require any additional information please do not hesitate to contact me. MAVIcc cc: David C. Weigel, County Attorney ROUTE TO: DATE RECEIVED DO NOT WRITE ABOVE THIS SPACE (ORIG. 9/89) Date: To: From: October 15, 1997 mey, Attention: David C. Weieel Project Manal~er HI_ (Name) (Title) REQUEST FOR LEGAL SERVICES , . Public Works Divisio .n. (Division) Office of Capital Projects Management (Department) Re: Collier County Beach Restoration (Subject) BACKGROUND OF REOUEST/PROBLEM: A request for action by the Board of Commissioners has been made by a private citizen O¥illiam S. Boggess) relative to contractual matte.rs, followed on the subject project. In thls r~.E~g~.!rd_,_.th__e, problem encountered, for which action is requested, was the placem.ent or by the Contractor at certain locations a. long the beach. Th~s problem was-i;iiVealed by field o~'~'ervaflOn's and through surveys prowded by the Contractor. · The intent of the Contract for this project was the placement of as much fill material as possible on a specified reach of the beach within the time constraints of the environmental window contained in the permit conditions. Upon realization of the problem, the Contractor was directed to cleanup those areas affected and spent a considerable amount of time doing so within the time constraints, while at the same time, proceeding to comply with the intent of the Contract. During this same period of t~ug~s~l?rovided by the Contractor, it was discovered that the Contractori[1.~d gone outside the ':..-~*o ,,f the Borrow Area m obtaining material to be ifiaced on t.he beacl~. Such re'as ass--ff'~'a'~:~:h~a~;e'&'fih:il~[i'~e"ffi~'ilf~'~'~fblifi~er~r~ through a provision contained m the Contract (TS - 9.4), the quantity of material dredged from the areas outside the limits of the borrow area was deducted from the pay quantity of material placed on the beach. Through this mechanism, it was decided that contirued cleanup and removal of this non- specification material would be addressed by a planned beach maintenance program utilizing the funds generated by said deduction. This item has not been previously submitted. ACTION KI~OUESTED: Please provide an opinion as .to the following: e $ .* L · .L. , Were our actions lelall7 appropriate? Were there any other remedies that could have been taken? If so, are they still svailable? Based upon info~ation contained in the Contract Documents, did the Design ~rofessional take appropriate action in identlfyi~g the snnd source? I have attached a copy of the Contract Documents to assist in your review. OTHER CO~S: Response would be appreciated on or before November 12, 1997. attachments CC: Ed Ilschner, Administrator, Public Works Division Adolfo A. Gonzalez, P.E., Director, OCPM -2- COASTAL ENGiNEERiNG CONSULTANTS INC November 13, 1997 Mr. Harry E. Huber Project Manager Office of Capital Projects Management Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 Re: Collier County Beach Restoration Project Naples Beach Monitoring CEC File No. 9700'1 - 09023 Dear Harry: Pursuant to your request dated October 21, 1997, CEC has reviewed the May 1997 monitoring profiles to determine the quantity of material proposed to be screened between 4th Ave. S. and 6th Ave. S. and at 13th Ave. S. Our computations are based on your request to subdivide the profile into three sections, A, B, and C, as depicted on the attached typical cross section. The computed volumes are as follows: 4th - 6th Ave. S. 800 A 6,680 B 4,400 c Total: 12,800 13th Ave. S. 200 A 1,690 B 1,220 C 800 Total: 3,710 3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (941) 643-2324 · FAX (941) 643-1143 Harry E. Huber Ndvember 13, 1997 Page 2 Our Opinion of Probable Cost to screen the material and remove and replace specification material with specification material is as follows. Unit the non- Estimated Item [~r,.dizt].~ Unit' .QUslZg~ ~ 1.. Mobilization/Demobilization Job 1 $ 3,000 $ 3,000 * 2. Screening CY 16,510 $ 3.30 $ 54,483 3. Rock Removal CY 750 $ 3.50 $ 2,625 ** 4. Sand Replacement CY 750 $10.25 TOTAL: $ 67,796 Screening assumes totaJ quantity of Sections A, 8 and C, from both street locations. Unit prices are based on current County contracts for sand and previous screening contract for dry material. *Note: * *Note: Sand replacement assumes 300 cubic yards of non-specification material per block based on previous screer.; g results, and includes the price for sand, trucking and placement. The anticipated permit time is 21 days and the anticipated construction time is 30 days. We recommend a plan and specification be prepared to submit to contractors for a competitive bid process and award selection. If you have any questions, please contact us. Very truly yours, COAST~CONSULTANTS, INC. (d:~ovt~mebVnfs~97001~hh-nbmon. doc) II II :3:: EXECUTIVE SUMMARY CONSIDER FUNDING MARCO ISLAND CIVIC ASSOCIATION $250,000 FOR MARCO CELEBRATION 2000 TOURIST DEVELOPMENT FUNDS, SPECIAL EVENTS CATEGORY OB~CTIVE: To consider funding Marco Island Civic Association $250,000 for Marco Celebration 2000 Tourist Development Funds, Special Events Category. CONSIDERATIONS: At the October 21, 1997 meeting the Tourist Development Council reviewed an application from the Marco Island Civic Association for $250,000 for a celebration from December 28, I999 to January 2, 2000. The Tourist Development Council voted unanimously to deny recommending funding because the event waz not during the vacation season and Christmas through New Years is generally a peak period for the hotels. GROWTH I~IANAGEMENT IMPACT: None FISCAL IMPACT: $170,000 is available in reserves in Special Events Category (Fund 193) Tourist Development funds. Request is for $150,000 in 1995 and $I00,000 in 1999. RECOMMENDATION: Consider funding Marco Island Civic Association $250,000 for Marco Celebration 2000, Tourist Development Special Events Category funds. Prepared by: ~L~s~) ~-~u~~-. Dat~: / ~'/~ ~/?~ lean Gansel, Budget Analyst / Reviewed by: //lff-~W~-~t~ ~ Michael Smykowski, OMB Director Date: .' 7 AGENDA R'EJ~ Pg. ! _ £oillcr County Tourist DcVclopmcnl Council Grant Application Administrator Collier County Tourist Development Council County Manager's Office 3301 East Tamiami Trail Naples, Florida 34112 t. Name and Address o{ Applicant Organization: Marco Island Civic Association 654 Bald Eagle Drive Marco Island, Florida 34145 2. Contact Person, Tire and Telephone Numbert Lynn Bradeen, Event Co. Chair, 642-3374 Kiell Pettersen, Event Co.Chair, 394-5378 3. Organization's Chic{ Official and Title: Lynn Bradeen, President, Marco Island Civic Association This is an auulication for Category C .,. . _ 4. Projects an~l'~ctivities which Promote tourism in Collier County Local 5. How much TDC funding is ,/our organization requesting? The Organization is requesting $250,.000 in funding, to be issued in two increments: $150,000 in 1998; $100,000 in 1999. Both increments re~ate to the same project· 6. Briefly describe program including: A. Your organization's capability to promote Collier County as a tourist destination: The Pro am ts for a five-day celebration of ..the .Y, ear 2000, an historic_al.e..vent_:. The gr. ' .,. -- .... ,--, -..~ t,,,w it will attract tourism to Co!l}er.t-:o..unty attached descripuon ouumes, me pro _~.~,,~.,,,, ,.., · 2000- was formed mcluclmg. tlon. A committee calted Marco Celebration d o lebra ' abe 100 members an , t~ r t.h.e ce , .... t_..~. ---d other ~ouns. It now has ut members or numerous CtVtc, cttutt.~ o~, e)- - - ...... :,....--~-nizations, it is ideally equipped .to prom.o, te with the cooperation o~ many. co .m. mm,~__"_'~,'_'~..t....,~,,,, 2000 is already receiving excellent · ' estination. ~arcu ,-.~,~,,, o- .... - · Collier County ~ a tourist d erce and assorted busmes.s · s as the Chamber of Corem . suppo.rt from such vaned group . . . -.. · ' ' ' in and romotmg the prolect. 'l,n.e vol..unteers are oevoting re. err organiza..ttons tn platm g_ ,P_ . dertakm · Virtually e · · ' .... :-- to thru ve,~ important un g - time, effort aha c. xpm t,~ " ' lunteers. attracts more vo Geographic focus of promotion, i.e., Collier County, Marco Ishnd, Everglades, The geographic foc~ of the promotion is widespread. Most events, will take place on Marco Island, but advemsing and promotion will focus on most of Florida, states north of Florida and east of the Mississippi River, the United Kingdom, Germany and other European countries. o Application must be accompanied by the following: a) Verification of not for-profit status b) Last fiscal year financial statement c) Incorporation papers d) Detailed line item budget for program for both revenue and expenses e) Detailed description of proposed plan 0 A marketing plan may be su.bstituted for items (d) and (e) above Accompanying documents as requ,red are attached hereto. 8. Ca. tegory C projects and activities whicl, l~romote tourism should have an emphasxs on the "shoulder and off season" of my through November. What are the scheduled dates for your project/activity? Scheduled activity dates are from December 28, 1999, to January 2, 2000. Although this is a bit later than the dated cited in t.he quest, ion, the period from the middle of December through the middle of Jan;tory is historically a. deep trough period for tourism. The overriding point is that the dates and events are unique because of the relationship to the year 2000. This is a one time event which will stimulate tourism dramatically, and raise the level of awareness of outsiders to Collier County. 9. Discuss how your o.rg~, nization will measure the number of visitors attracted and the number of room mghts generated by your event. Our organization is working closely with hotels, restaur_ants and other b.usinesses on the Island, and will be working with other Collier County business enterprises. Part of this cooperative effort will be establishing comparative meas.urements of hotel nights, restaurant covers, and business receipts for the period of celebration (and spillover period) as compared to past experience. We also anticipate that the attraction to Collier county will have a longer term effect as visitors become aware of the amenities of Collier County. 3 CATEGORY C SELECTION £11ITEIIIA ' ' {or attractin~ "shoulder and off season", out.o{-county lO(a/b) Iden.tify the pot.e.n.tial _ _ _ ,, nd o{{ season" visitors visitors.as spe_.ctato, rs ~r pa,rllmpan, ts, e,xpre_s_s_e~_ajs_.~shl~,ul?~.~athe ootential for attracting attracted er rlbunst IJeveiopment aouar expert.ucc. - ...... , . ~ ,, ~ _t .....~..,, ,,out.of.coPuntv' visitors as spectators or participants, ex]pr.essea as oue-o~om,~y · ' attrac{ed er Tourist Development dollar expended. visitors P We anticipate that this unique event will attract thousands of participants, at least half of whom will be out.of-county visitors. Our estimate is that 5,000 people will participate in the events and New Year's Even Balls (see attached Schedule of Events). 10 c Identify the estimated number of hotel/motel or campgrou,nd sites generated frJm),the allocation of Tourist Development funds expressed as overnight stays per Tourist Development dollar expended, 1 nd hotels and motels have committed to close cooperation and Marco Is a , Year · ,~,-,;,.;-~qnn in the Year 2000 Celebration. Our research d.emons.trate, s tha. t, other..;~ ~(~"~[s, such as balls, cruises and other celebrations, have alreaay sma out. we anticipate that Marco Island facilities will be sold out, as well. 10(d) Identify the matchin~ dollars provided by yo.ur, organlzation expressed as matching dollars per Tourist Development dollars expended. We anticipate a ratio of 2/5, i.e., we shall raise $100,000 in funds for the $250,000 being sought in Tourist Development dollars. 10(e) Identify the future growth potential of the project being submitted without the Tourist Development funds as TDC funding is to be regarded as seed money, not continuous funding. This is a "Once in a Thousand Years" celebration. There will not, and cannot, be continuous funding. Our. plan envisions a rare oppo,rt2u, nity to gen,e, rate tourist dollars combined with the lasting erect of exposure to the ambiance of Collier County. 10(f) Discuss the soundness of your out. of-county marke0ng plan, specifically in terms of how the event will be promoted to draw out. of-county visitors. · We are fortunate in having a renowned local advertising firm donate its ~rvic.es, including the advertising and promotion plan. That pla.n calls for extensi.ve, well placed. advertising in the northern U.S. and Europe to attract visitors_..Ou..r ex~perienc.e is. fl'sat t,h, ts of advertisin is extremely effective in bringing visitors to Collier County. ^ciaitionany, Primal hotels, motegls and businesses are cooperating with the adve. rti,s}n.g ,-,~.~=07:.~ has attracted extraordinarily favorable reactions, and we are capttanzm on ,,m~' w.~-~_ centerpiece for our advertising and promotional effort. ~ DEC 9 10(g) Discuss your organization's Management .and stab. ility, ,sp. ecif!?all, y !n t,ert~n, s of,?_s ability to manage the project in accordance with regulations and to acmeve me inter.ca restu~s~ r o nization has been in existence for o.ver 2.0 years, and has a very stable Ou rga. . · ed ou o{ volunteers ' now · nizaUon m turn, has drawn upon a distin, gu?h gr.,? . . _ ~ __ history. The orga ' ....... - ....... -, --~*.-.-.- *,, tins umaue oroject, t.,ur umberin close to 100 - who are cledic_aung m.eir, ume and cnu,~, nvoluntee~gs are community leaders, profes?o .hals t.n many areas; i~e. rsons. _w/.m om, t,, s business backgrounds and "doers" comrmtted to the success ot tins 10(h) Discuss ,/our organization's readiness to implement this project. The organization's B. ,o?d o{.D, irectors .vot..ed u. nanim%u.s,ly_ and enthusiastically to support this project, and the President ot me orgamzauon is one ox me co.chairs o{ the events groups and Steering Committee. 10(i) Discuss why funds are unavailable from other s.o. urces. T. ourist Development Funds should not be viewed as supphnting or replacing exisung funding sources. Th ,. , _., .... ..t.... -vent. It reouires a massive effort by people, busine, sses is iS a Dig, clramattc, oat ~l]u? ~. . ~.--I .., ~, - · - ntzattons Such is being accomplished with me in.creaime assistance Dime prevlousty and orga ~! ! · . _ _e.t:_ ____:..a~ 4so r~.,tres strong financial backing. Although mentionea.vomn, t.eers, t,.n event o~m~.n~s,-,,,,,~" ~". donors much more is worktn dali entl, and succeeding, to attract co_ntn.buto.rs and .,,~ , ,,.. ,,. we are ' ' g Y · to is tom outsiae ot t..omer required to ma~ke the event a success. It will not succeed unless the s ry County. That means lots of advertising and promotion. Despite all the efforts of dedicated volunteers, and all the fund raising activities, supplemental funds are absolutely necessary. 10(j ) Discuss the capacity o{ ~froject to enrich the artistic, cultural, and environmental attractiveness o{ the community to visiting public and compatibility with the community in general. Visitors will discover the l:~aches, priStine waters, backwater wonders, flora and fauna. In the midst of a rare celebration they will see what Coil_let Cgun. ty .has. to qf-f_er,,in~uaing.,o, ne of the premier tourist attractions in the United States - Everglades National ~'ar~. I ney wm experience everything from fl_ne dining to sporting., ,events t,o recitals and art exhibitions. ~,t},e essay co. ntest w,n p.r.ovi,ae ap opponumt-y ~o,r ,~n~.~ ~.,, ~,, ce nt will take lace over several Clays tnere participate and hone their skills. Since the eve ' P ample opportunity for visitors to learn about Collier County in some depth· I have read the Tourism Crrant Program guidelines and criteria and Resolution No. 97- and agree that my organization will fully comply with the guidelines and criteria and Resolution No. 97-. Date: Signature of Organization Chief Official A lcw Nlilcnnlum - A Once In a Lilcllmc Celebration A few yeah ago we spent little time comiclering .where we would celebrate the year 2000. In fact, only a handful of people were even reminding us of the impending century and millennium change. We knew that the first two digits of the year on the calendar would change from a hnocrats were warning us of the imminent dis~ter when computers to 20. A few tec - - - - - --~ ..... tarted talkmg about that far. distant eco ize me crmn eot century, ~nu we o would not r gn ..... ~( ,, -- ....... lnreres ' celebratin the upcoming balanced budget deadhne tn me next centm¥ ......... t m g occasion was minimal. re recentl, however, millennium fever bega.n, sweeping the country. It started with Mo y . · all booked, cruise lines , · toms' ballrooms tn New York Ctty wet . . -- a few qutet, s.ymp · ._ enta to ensure lucrattve packages accommoclattons were purchase_ d tn bloc~ by, travel ag. for their preferred customers, European travel compante$ ~aw an ovel'wnettttttt~ , ' n from sleepy countryside tours to demands for travel to the homeland to transformatto . __ . · announced that the were sold out for the week of Decemtm .~, t~, ~,,~ ,~,,- ~. ....... rt -- do I want to be at the turn of the millennium? 2000- de ding on w.hich experts you laenev_ef p_tUr_l~t~anat n~to.inate~i ' 1, _ pen _ ,_ ............ t,.~ lohn E Kennedy was a.tta~ . t as we remem~r where w~ w~,~ ,-,,,-,. ~ for.ever. Jus ~ - ...... ~--- -~.- ,. of WorldWar II was announced, so too, me or us, where we wet= w.~,, u,,. ,.nd or tot so . . ~ ~t_ t__..__:.~. ,,~ the 21~t century. That occurrence will we remember wnere?e .were at m,.e o=~L,,,,.~-,~_~, ;..u ~ ...,, e,~-~e~". will be the "Auld Lang Sync to out,nme all omer nm~, ,.~,~ ,~-, . . __ _t .... "me will arrive. We will tell our an three ,/ears, me greatest event ox om u In les~ th .... . _ __~_t:~.:.....&o, we did on those days of celebration children' .g~,, dcl}ild~_ n, ana grea~t _gr~__ ._~.nl~u,,~:,.'~l~g~ of celebration will forever be a tall wnere we were. i nc lmttt; ,,,,~,~ t~ ..... and e.~ec . y , ~__,~ .,_ ~_._ ~, ..,;~! 1,, a nlace to discuss, remember, re_VtStt, an ot our . . ry. ,.. . . ~..t ~: ...... .,~..~ and nerha s even be a future P ._~ .._ -...., ,,0,,s snare vnm it:tm; s,.,,,-,,-ttons, ~-- P compare wtm utc ,~,,.,,.~y , place to call home. 6 DEC g ~7 Mission of thc Marco 2O0O £clcbraflon 'Marco Celebration 2000 is an opportunit7 to. create a positive and indelible experience surrounding the once.in-a-lifetime event of the mm of a year, centu~, de. veloping a setting and events that his Marco Island and Collier County, Florida, in minds of participants, the committee hopes to creat.e,.a [ocatton ot memo~ that will be revisited by famthes for years to come. 7 AG_, ~,', I ~ r.~,. ,. DEC vcnts to ' Marco Celebration 2ooo Plans are underway to create both a week-long agenda of a. ctivities encompassing various interests, and an integration of arts an~d technologtes to involve the next generation in Year 2000 Collier County activtties. A preliminary events calendar is attached showing activities from December 28, 1999, to Janua~ 2, 2000 (a traditionally show time on Marco Island and a holiday lull in tourism). throughout the.Island on New Year s l~ve. t'art p well be able to toast the New Year and the New Millennium at venues u, opulent as the Grand Ballroom. e Marriott Marco Island Resort, with seating for 1,000 featuring~e B. ig Band at th, - - .... : ...... ~- -- -~.e New Year's Eve Beach Bash rmgm~ g .with. sounas ot me century, To . , ,_ _e.Aa .... n Marco Island's beautiful crescent beach. Alllslanct tple Plot new sounc~ o[ Lucy hotels will participate with parties of varying types~ while local private clubs will be open with their own brand of ente .m. aining. The bland will ~ aglow with the sights, sound, and excitement of ushering in the next 1000 years. Plans are also in place to make Lely, Mana.tee, a~.d Tom .m,i.e Barflel~hools a. center for nationwide competitions in a variety ot arts anci uterature. I ne emerging · , · .......... r'.-llier Counn, will not only allow ~ to organize a nationw?e ~.nterne.~ acuc~ L¥,,,.q, .... L'.ZL;L. ~,.. -l, ildren to discuss our arm nrni~t this tar-reacl'~inff, it wm akso create a L .r-e~.,, ,~,- ---::^.,,, . with their parents in advance of the Marco Celebration zutx/even 8 DEC 9 IS~ proic¢ts [or students may lnclutlc I~ul will certainly aol hc limllctl Io: Puppet shows Creative films , Posters Maps Dioramas Speeches Dramatic presentations Musicals Sculptures Paintings Essays Radio Shows Experiments Stained Glass Web Site Designs Futuristic Chat Rooms Research Projects Overlay Presentations Origami Mobiles Books Poems Newspapers Yearbooks Biographies Committee members will work with teachers at the. beginning of the school year so that the Project 2000 kits can be developed and integrated as part of the curriculum for each grade. DEC 9 vcnis- prcliminar? £alcn lar December 28, 1999 Tue~la¥, Week-long Events Begin wi~ Evenh't. g__Bea.c!~}°nfires Entertainment, Food, Activtties, and 13ancmg 4 Day Sailing Race Begir~ Wednesday, December 29, 1999 Kid's Day with a Carnival Theme Rides, Sporting Events, Youth Activities Snow Making Machine and Activities at the YMCA Pet Show at Towne Center Thursday, December 20, 1999 Arts & Crafts Festival at Marco Island Art League Air Show with Scenic Bi. Plane Rides at Marco Aviation Sailing Regatta for Smaller Class Boats Kid's Dance and Evening Events at Mackle Park Friday, December 31, 1999 Antique Auto Show with Cars from the last 100 years Big Band Noontime Concert and Picnic Choice of BAIN, Parties, or Soirees Midnight - ~mall firework~ di~la¥ to mark the turn of the century Saturday, January 1, 2000 Ecumenical Service on the Beach Family Pi.eh. lc 'n Pla~rele)awYorks after sundown Major Celebratory rt Display shortly 10 DEC September 3, 1997 Cheryl Ferrara Marco Island Eagle 579 Elkcam Circle Marco Island, FL 34145 Dear Ms. Ferrara, ,Thank you very much for allowing The Wishing Well Foundation to become the beneficiary of Celebration 2000. The Wishing Well Foundation was incorporated in 1995, and was granted a 501C3 charity. Thank you so very much for this honor, l'm sure our children will benefit greatly. Sincerely, Mimi Torbush Vice. President Wishing Well Foundation 13 r,~ctl rc~c~c~ -L.y~n 13,sdc~n Co. Om~rmcfl Shhl~ ~mfcic I)cb~e lilly W~d Wsdc~' J~fl 1 lclcn Ca~nm~&h r~ Da1~ ~. Mlclmcl ~ ~lGhlncf Cam% Gmmnn l lcnlhcr I ~nrk I [m Joh~on s~i 3ohnson* ~ K~lle SAlty ~r Jnn I~mb ~hy~ ~mh Mc~.n U~ Mlt~* WltJ~nm ~nr11% ~. Kcn~h Matfl~ Pc~tct J~ rbmr r~ Uz ~t~e Ssc~ '1 lab J~n Sch~ll ~ Ge SchiSt' Sa~i Tts~o Mm'co C lcb, Uo[t cio Mnr~o Idnnd 418 Sovtlt Ilmflctd I)l~ October 13, 1997 Administrator Collier County Tourist Development Council County Manager's of.rice 3301 Tamiami Trail East Naples, Florida 34112 Re: Marco Ce. lebration 2000 Dear Ms. Gansel: We are enclosing a copy of the advertising and promotion budget for the Marco Celebration 2000 project. Ali TDC funds will be used for advertising and promotion. We have previously submitted information on the use of non-TDC funds. Please do not hesitate to call or write if you have any questions. For the Committee Sincerely, Monte Laza u~s MUpf M,,co hla,d Cclcb;'nrcs 71~e/,hHval '['1 llt D HIhI,V tNIUH DEC 9 IC'37 '-- ¢~'~6 BAIJ1 F. At.,'I.I'. LXI, IVE, M^IJL'O I.gl ^ND FLOII. ID^ )4145 MARCO 2000 ADVERTISING BUDGET SEPTEMBER 4,1997 PRODUCTION Logo Design Adverlising Campaign First o1' 2 Color Ads 2nd of 2 Color Ads 4 Rotating BW Ads Poster Design Lelterhead Package Brochures Rack Folder i,tesenlalion Folder Miscellaneous Regislralion Cards, Nnmetags, Information Sheels, elc. NC 1500 1000 2000 1500 250 1500 50O 2500 FEES Public Relations Efforls PI~dNTING Ads (Color Separations) Posters (20,000) Letterhead (10,000) Rack Folder (25,000) Presenlalion Folder (20,000) TOTAL PRODUC'Fi'ION 5000 75OO 15,0OO' 5,000' 20,000' 25,000' 88,250 MEDIA Magazines · Conde Nasl Travel & Leisure/Zoned Marlha Slewarl Living Southern Living/Fia Florida Journal TOTAL MAGAZINES Newspapers Philadelphia Inquirer Wall Si. Journal/East. Cleveland Plain Dealer · Cl~icago Tribune Miami Herald Orlando Senlinel TOTAL NEWSPAPERS TOTAL BUDGET Size j/3r~ I/3PC 1/3PC I/3PC 1/4PC lx5 BW IX5 BW 1 x5 BW lx5 BW lx5 BW lx5 BW Frequen.cy 3x 3x 3x 3x 3x 12x 12x 12x 12x 12x. 12x Rate. ' 11,024' 15,o09 4,362 8,120. 2,000 .. ,. "Total · 33,072 , 13086 ° · .. 24,,360' ~. 6,000 121,518. 1765.00 ' '21,{80 2462.20 .' ' 29,547 1240.00 14,880 3160.00 '37,920 1,638.75 . 'i9,665 1,480.00" '17,760 .140,952 350,720 ...DEC APPROVAL OF CONTRACT FOR FINANCIAL ADVISORY SERVICES OBJECTIVE~ That the Board of County Co~nissioners approve a contract with William R. Hough & Co. to serve as Financial Advisor to Collier County. CONSIDE~ATIONS~ On July 22, 1997 the Board of County Co~ssioners hear~ presentations from three firms, shorC listed by Che County Finance Co~ittee, interested in serving as Financial Advisor to Collier County. At the conclusion of those presentations, the Board ranked the three firms in order of preference and William R. Hough & Co. was the highest ranked firm. Staff was further directed to enter into contract negotiations with William R. Hough & Co. and bring the final agreement to the Board for approval. (See attached contract). During the contract negotiation process, issues were raised by Hough concerning the insurance and indemnification requirements as published in the RFP. After considerable discussion, both sides a~reed to have the contracting firm provide $5,000,000 in professional liability coverage (above the $500,000 required in the RFP) and a modified indemnification clause that limits the consultant's liability for claims above and beyond the insurance policy to acts of gross egligence. Said stipulations are codified in the attached contract. The Board further directed that staff provide a tYlOical scenario of service and cost in comparison to what has been experienced in the past. The Finance Department provided a list of the amounts spent for financial advisory services in previous fiscal years when Raymond James & Associates served as the Financial Advisor. A total of $204,744.88 was ex~ended over a six year period, with an average annual expenditure of $34,124. The amount expended by fiscal year was as follows: Fiscal Year FY 92 FY 93 FY 94 FY 95 FY 96 FY 97 Historical Financial Advisor $23,287.46 $35,052.58 $84,244.05 $19,969.93 $24,190.86 SI8,000.00 Raymond James i Associates was used primarily in structuring bond issues for Collier County. The amounts expended for financial advisory services varied widely based on the number and size of bonds issued in a given fiscal year. The proposed agreement with William R. Hough a Co. contemplates use of the Financial Advisor not only in structuring bond issues, but a more active role in performing financial analysis for the County. . AGENDA DEC 16 997 / The term of the agreement is a two (2) year period from the date of execution and may be renewed for one additional one year period. The contract has been reviewed by staff from the County Attorney's Office and the Risk Management Department. GROWI'H HANA~EHENT IMPACT: None. FISCAL IMPACT: The cost of service will be determined by the type and frequency of service requested under the provisions of this contract. Attached to this Executive Sun, nary is a cost matrix for services as outlined in the original proposal submitted by William R. Hough & Co. and the revised cost for services as negotiated by staff. The cost matrix also includes a fee schedule from the previous agreement with Raymond James & Associates as a basis of comparison. There are no funds specifically budgeted for financial advisory services. Assuming no bond issues and ten hours of special project assignments per month for the remaining nine (9) months of FY 98, the cost would amount to $15,750. A budget amendment from General Fund reserves (001-919010) in the amount of $15,750 is requested. Any special project work must be authorized by the County Administrator or his designee. Any non General fund work performed will be charged irectly to the department and fund for which the services were ~ndered. RECOMMENDATIONS: That the Board of County Commissioners: 1) Approve the contractual agreement with William R. Hough & Co. to serve as Financial Advisor to Collier County, subject to documented proof of professional liability insurance coverage; 2) Authorize the Chairman to execute the contract on behalf of the Board; subject to County Attorney approval as to form and legal sufficiency, especially with regard to the indemnification language mentioned previously. 3) Approve the associated budget amendment. Su~=Ltted !~,, ~-~-~ ~ Michael Smykowski, OMB Director Approved by: Robert F. Fernandez, County Administratok DATE: DATE: . DEC 1 6 19,97 ps. ~ COST MATRIX- FINANCIAL ADVISOR PROPOSALS Raymond James William IL Hough & Co William IL Hough & Co (Previous Contract, 1994) (Initial Proposal). (As Negotiated) ~e~ainer Fee None. None. None. -Hourly Costs for Work Performed Under Scope of Services Smior Officer Sl 10 S 175 $175 Officer nla $125 $75 Professional Staff lunlor S~3' n/a Suiq~on Staff n/a $25 $0 Hourly Costs for All Other Advtsory Servkes Senior Officer $110 $175 $175 Officer n/a $125 $75 Professional Staff n/a $100 $75 Stmior Staff n/a $75 $75 Support Staff n/a $25 $0 Services Related to Is.~n~nce of Bonds,~otes Fee/SI,000 Bonds Issued Fcc/SI,000 Bonds Issued Fee/Sl,O00 Bonds Issued First $15,000,000 $0.75; ($7,500 minimum fcc) n/a n/a I Above $I$,000,000 Negotiable n/a n/a Fiz~t $I0,000,000 n/a n/a $1.00 ($10,000 a-~-tLmum fee) Next $10,000,000 n/a n/a $0.75 Above $20,000,000 n/a n/a $0.50 ($50,000 rnzx~'num fee) Sample Scenarios: $10,000,000 bond issue $7,500 n/a $10,000.00 $15,000,000 bond issue $11,250 n/a $13,750.00 $30,4 ! 5,000 bond issue $22,811.25 (a~l fees paid) n/a $22,707.50 $64,545,000 bond issue $48,000.00 (a~,nl fees paid) n/a $39,772.50 AGENDA ITEM . DEC 1 6 1997 Pg FINANCIAL ADVISOR AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND WILLIAM R. HOUGH & CO. THIS AGREEMENT is made and entered into this day of_., 1997 by and between COLLIER COUNTY FLORIDA, a political subdivision of the State of Florida ("COUNTY") through its Board of County Commissioners; and WILLIAM R. HOUGH & CO., a Florida Corporation with its principal place of business located at 100 See. ond Avenue South, Suite 800, St. Petersburg, Florida 33731 ("WRH"). WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and WRH agree as follows: 1. PREAMBLE A. It is understood by the parties hereto that COUNTY requires professional financial advice from time to time on various matters involving its normal operations and further intends to undertake the issuance of notes and bonds to finance the various capital needi of the COUNTY. It is also understood that in connection with such professional advice and thc issuance, sale and delivery of such bonds, COUNTY desires WRH to perform professional services in the capacity of COUNTY's Financial Advisor. B. WRI-I is, and shall be, in thc performance of all work services and activities under this Contract, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to WRH's sole discretion, supervision, and control. WRH shall exercise control over the means and manner in which it and its employees p~form the work, and in all respects WRH's relationship and the relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. 2. SCOPE QF SERVICE By this Agreement, WRH off~s its professional s~'vices and facilities as Financial Advisor and agr~s to perform the duties normally performed by Financial Advisors as set forth h~rein and to perform such other duties as Financial Advisors as may be requested from time to time by the COUNTY. Specifically, WRH agrees, as directed by COUNTY: To review and evaluate thc financial condition, policies and plans of the COUNTY and work with the COUNTY's staff to assist in the development of a long term financial plan in conjunction with the COUNTY's growth management plan. To cooperate in and coordinate any financing h~ contemplated, to p~ financial studies designed to demonstrate the many vaodng aspects o f alpartiml ] financing and to recommend for COU'NTY's approval a plan proposed bonds. Such plan shall include a maturity schedule and o Page I of 8 will, in the opinion of WRH, result in the issuance of' bonds under terms consistent with obtaining minimum net interest cost. Such studies shall include the compilation and analysis of' all necessary statistical data. 2To review and make recommendations on reports of' accountants, engineers and other consultants to assure that such reports properly address the technical, economic and financial risk factors affecting the marketability of' any proposed financing. To assist COUNTY with the necessary steps to be taken for the legal issuance of.bonds and the final delivery of the bonds, under the direction and legal advice of' a finn of' recognized bond attorneys to be retained by COUNTY. To work with the COUNTY Attorney, Bond Counsel and COUNTY'S Investment Banker in identifying key bond covenant features. To provide option flexibility and assume possible interest cost to thc COUN'IW. To advise COUNTY of current market conditions, forthcoming bond issues, potential tax considerations and other general information and economic data which might normally bc expected to influence interest rate conditions so that the date for the sale of bonds can bc set at a time which, in the opinion of WRH, will be favorable for thc COUNTY. To assist thc COUNTY's financing team in gathering and analyzing necessary data relating to a proposed bond issue for a rating agency presentation and credit enhancernent from an insurance company or a letter of'credit bank. G. To review COUNTY's efforts to obtain Federal and State financial assistance and make such recommendations as may bc necessary. H. In a negotiated sale, to work with thc COUNTY'S Staff, Bond Counsel and Undcnvriter in preparation of all the necessary financial statements, legal documents and certifications which would fully describe thc bonds, security, thc project, thc COUNTY and its ability to pay debt service on thc bonds. I. To assist and advise COUNTY in negotiating with the COUNTY's Investment Banker regarding fees, pricing and terms of thc bond issue. J. To arrange for the printing of thc bonds and thc official statements and arrange other certification necessary. K. To assist in the preparation of annual reports issued subsequent to thc completion of a bond sale. L. To assist COUNTY and to serve as its agent in the investment of all proceeds of financing and any other fimds requiring investment. M. To provide such other services to the COUlqTY as outlined in the COUNTY's Request for Proposals #97-26?3, County Financial Advisory Services, a copy of whic .~_ i' ,__tt__o~.h,~t AGENDA labc!e.d Exhibit "A", and incorporated herein by reference. No. ~ DEC 1 8 1997 Page 2 of Il Pg.,, PERSONNEL TO BE ASSIGNED The following members of WRH will be assigned primarily to work with COUNTY as Financial Advisors on the Project: William J. Reagan, Senior Vice President Bonnie Wise, First Vice President A. The COUNTY has the right to approve, disapprove or change any of the staff assigned by WRH to the account. If, for any r~ason, the personnel assigned is changed or replaced, the COUNTY has the right to immediately terminate the contract. The COUNTY has the right to request, for any r~ason, WRH assigned. Should the COUNTY make such a request, WRH substitute until a satisfactory substitute is selected. to replace any personnel shall promptly suggest a 0BLI~ATION$ OF THE ¢Ou?rrY The COUNTY will retain bond counsel and other advisors and/or consultants deemed necessary and appropriate for development, contracting and financing. Consultations and requests for services by WRH from COUNTY's consultants in technical, accounting and other matters as may be appropriate is subject to previous approval by COUNTY. COUNTY may select managing underwriters, in the event of negotiated bond sales, with the assistance of WRH in soliciting and evaluating proI:osals from various firms. Fees for services rendered by counsel, consultants or other advisors will be paid by COUNTY. A. The Financial Advisor shall be compensated pursuant to the following schedule: (1) For all services not directly related to the issuance ofbon~ or notes, WRH shall be paid: a. A rate of $175.00 per hour for the time and services of all officers, Senior Vice Presidents and First Vicc Presidents; and b. A ,-ate of $75.00 per hour for the time and services ofall financial computer analysts. (2) For all services related to thc issuance ofbonds or notes issued by the COUNTY, regardless of the manner of sale: Amount of Deh~ For the first $10,000,000 (minimum fee of $ I 0,000) For the next $10,000,000 Amounts above $20,000,000 with a maximum fee of $50,000 as to any singular issue. Page 3 of 8 Fee/S1.000 $1.00 $ .75 $ .50 AGENDA IT, EI~I ~ DEC 16 '1997 An)' ice paid under this section on a completed issue shall be credited by any sums paid on said issue based on an hourly basis B. For advisory services requested by the COUNTY related to all bond financing by legal entities other than the COUNTY which are transacted within the COUNTY and which require COUNTY review and oversight responsibility, WRH shall bill the issuing entity at the agreed upon rate after review of thc proposed financing. Reimbursement shall be made es set forth in Paragraph E below. C. WRH shall bill monthly for any professional services rendered pursuant to this Agreement and identify the individual, thc hourly rate, thc work performed and thc project description. D. WRH shall provide such services as authorized by the COUNTY acting through the COUNTY Administrator or his designee and shall provide an estimate of time and cost prior to the time of said authorization. In the event the services to be performed are to exceed the estimate, WRH shall advise thc COUNTY Administrator or his designee and obtain his approval prior to exceeding the original estimate. E. For expenses reasonably incurred in connection with this Agreement, COUNTY shall pay WRH on an actual cost basis, in accordance with Chapter 112, Florida Statutes, for its out-of-pocket expenses reasonably incurred in the course of providing professional services to COUNTY. William R. Hough & Co. will not charge for travel expenses incurred within Collier County. All invoices for such reimbursements shall contain complete and detailed information es to the item or charge sought to be reimbursed. Out-of-pocket expenses shall include travel, meals, lodging and communications. WRH will be reimbursed for any extraordinary costs for graphics, printing and specialized data processing requested by the COUNTY. F. In order for both parties herein to close their books and records, WRH will clearly state "final invoice" on WRH's last and final billing to the COISNTY for each separate authorization to perform services. Since this account will thereupon be closed, any other charges not properly included on this final invoice are hereby waived by WRH. ~;ENERAL PROVISIONS A. WRH agrees to keep such records and accounts on all matters pertaining to the providing of its services under this contract (including complete and correct entries es to any expenses) for which WRH expects to be reimbursed. Such books and records shall bc available at all reasonable times for such examination end audit by COUNTY. B. Thc COUNTY Administrator is hereby designated es the representative of the COUNTY. All work performed by WRH pursuant to thc Agreement shall bc by the direction of'the COUNTY acting through thc COUNTY Administrator or his designee and all co to thc progress of' any work performed hereunder shall bc addressed to the COUNTY Administrator or his designee. Page 4 of $ WRH warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for WRH, to solicit or secure this Agreement and that they have not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for WRH, any fee, commission, percentage, gifts, or other consideration contingent upon or resulting fi'om the award or making of this Agreement. For the violation of this provision, COUNTY shall have the right to terminate the Agreement without liability at its discretion, and to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered under any circumstances by WRH without prior written consent of COUNTY. However, this Agreement shall run to thc Collier County goverru-nent and its successors. Upon submission, all advice becomes the property of the COUNTY which has the legal right to use any or all ideas provided through WRH's professional advice. All work papers/products developed as part of the contract performance become the property of'the COUNTY upon termination of thc contract or as they are created for any given project. The COUNTY reserves the right to audit all records of the financial ~visor relating to this contract, for a period of'three (3) years after termination of the contract. WRH agrees, at a minimum, not to discriminate in hiring practices on the basis of race, color, religion, age, sex or national origin. The COUNTY reserves the right to award contracts to more than one (1) financial advisor, as determined to be in the best interest of the COUNTY, and to add to or delete from the scope of services contained herein. The Financial Advisor shall not act as an underwriter, or in any manner other than as financial advisor, for bond issues of the COUNI~ during the term of this contract. The Financial Advisor shall comply with all applicable Federal, State and Local laws, rules and regulations pertaining to the marketing, sale and issuance of any bonds of the COUNTY. The COUNTY and WRH shall comply with the provisions of Chapter 119, Florida Statutes, in regard to this Agreement. WRH shall promptly notify the COUNTY in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence WRH's judgment, or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that WRH may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by WRH. agrees to notify WRH of its opinion by certified mail within thirty (30) ~ notification by WRH. If, in the opinion ofthe COUNTY, the prospective bm interest or circumstance would not constitute a conflict of interest by WR shall so state in its opinion and the association, interest, or circumstance shall Page 5 of 8 The COUNTY mess,g.,ssoc~auon, [, tho conflict of interest with respect to services provided to the COUNTY by WRH under the terms of this Contract. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Collier County and the Agreement will be interpreted according to the Laws of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every ~uch remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover reasonable attorney's fee~. N. All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the COUNTY shall be mailed to: Collier County, Florida 3301 East Tamiami Trail Naples, Florida 34112 County Administrator's Office If sent to WRH shall be mailed to: William R. Hough & Co. 500 Fifth Avenue South, Suite :501 Naples, Florida 34102-6615 Attn: William J. Reagan INCORPORATION OF COUNTY RFP $$97-2673 (FINANCIAL ADVISORY SERVICES) AND QF ALL PRIOR NEGOTIATIONS/AQREEMENTS COUNTY RFP #97-2673 (County Financial Advisory Services) is hereby specifically incorporated by reference as part of this Agreement, except as follows: . With respect to Paragraph 5.a) on page 16 of the RFP, WRH currently self-insures its professional liability risks, but has recently applied for errors and omissions insurance for $5,000,000. WRH will inform COUNTY when such coverage is obtained. and/or employees bom all suits and actions, including attorney's fees and all costs judgments of any name and description which specifically arise out of or are relate negligent or intentionally wrongful act or omission of the WRH in the performance of a P~g¢ 6 of 8 With respect to Indemnification on page 16 of the RFP (the indemnification provision set forth therein) this paragraph is hereby excluded from the Financial Advisor Agreement. Instead, the Contractor/Vendor ("WRH")agrees to indemnify, hold harmless and defend COUN'I ~~[~l..~ to any grossly pg.. e'~ specifically performed by the WRH pursuant to the Scope of Services provision of the Financial Advisory Agreement, if COUNTY has requested the WRH to perform the specific services in advance of providing such services in writing and the WRH has in writing, other than this Conwact, agreed to perform such services in advance. In the event of any joint gross negligence, intentional wrongful act or omission on the part of COUNTY or its agents and/or representatives and the WRH, any loss shall be apportioned and the indemnification shall be limited to the WRH percentage of fault in accordance wits the provisions of Florida law. This indemnification, hold harmless and defense obligation is in addition to insurance provided by WRH pursuant to County RFP # 97-2673. A. This document incorporates and includes all prior negotiations, correspondence, conversations, ~ agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall bc effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8. TERMINATION, RENEWAL AND ]~XTENSION A. This Agreement shall be in effect for two (2) years from the date entered above and may be renewed for one additional ye~ period unless canceled with or without cause in writing by COUNTY upon 7 days written notice to the other party. In the event WRH receives termination notice fi'om the COUNTY, WRH shill bc reimbursed for out-of-pocket expenses reasonably incurred and shall be entitled to fees for services' performed to the date of termination, all as provided for in this Agreement. B. The County Administrator or his designee may, at his discretion, extend thc Agreement under all ofthe terms and conditions contained in this Agreement for up to ninety (90) days. The County Administrator, or his designee, shall give the Contractor written notice of the COUNTY's intention to extend thc Agreement term not less than thirty (30) days prior to the end of the Agreement term then in effect. 1~g~7~8 AGENDA ITEM No. DEC 16 1997 , IN WITNESS WHEREOF, the Board of COUNTY Commissioners of Collier COUNTY, Florida, and WRH have each, respectively, by an authorized p~on or agent, hereunder set their hands and seals on thc date and year fu,~t above written. ATTEST Dwight Brock Clerk of the Circuit Court By: BOARD OF COLrNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. Timothy L. Hancock, Chairman Date: Approved as to form and l~gal sufficiency for Collier County: Chief Assistant County Attorney WILLIAM R. HOUGH & CO. William ]. Reagan, Financial Advisor Senior Vic~ President Witness Signature Wimess Printed Name Wimess Signature Witness Printed Name P~ 8 ors CORPORAT~ ~AGENDA IIEH DEC 111 1997 EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD TO CONSIDER AND APPROVE A PROPOSED SETrLE~ OF THE LAWSUIT STYLED F_.~GLE CREEK PROPERTIES, INC. V. COLLIER COUNI~, CASE NO. 93-0518-CA-01-TB AND TO AUTHORIZE THE BOARD CHAIRMAN TO EXECIYrE THE NECESSARY SETTLEMENT DOC%JMENTS. O. ILIE.(iT. IE~ For the Board of County Commissioners to consider and approve a proposed settlement of the lawsuit styled Eagle Creek Properties, Inc. v. Collier County, Case No. 93- 0518-CA-01-TB and to authorize the Board Chairman to execute necessary settlement documents. CONSIDERATIONS: In February of 1993, Eagle Creek Properties, Inc., Eagle Creek Utility Company and Eagle Creek Utility H ("Eagle Creek") flied a lawsuit against the County and the County Water-Sewer District in the Circuit Court for Collier County. Among other things, Eagle Creek sought to have the Court void Eagle Creek's obligation to allow the County to provide sewer service to the Eagle Creek Planned Unit Development ("PUD"). Eagle Creek also sought, through the mechanism of' a class action by property owners within the Eagle Creek PUD, to force the County to refund with interest all sewer impact fees it had collected for properties within the Eagle Creek PUD. At this time, a proposed settlement of the lawsuit has been agreed to by County staff and the Office of thc County Attorney. Thc terms ofthe pwposed settlement are as follows: .. 1. The County will retain all scwer impact fees paid to date by any pwperty owners within the Eagle Creek PUD. As of this date, appwximately $449,495 in impact fees has been received by the County. An additional $153,515.06 in impact fees and accrued interest has been placed in the Court Registry pursuant to an order entered in the lawsuit. Thus, the total amount of sewer impact fees plus accrued interest on those fees placed in the Court Registry collected for properties within the Eagle Creek PUD to date is approximately $603,010.06. 2. The County will creatc a fund of $200,000 for disbursement to members of the class of owners of properties for which impact fees have been paid. 3. At least 95% of the members of the class of property owners of properties for which impact fees have been paid must vote to approve the settlement. 4. The County will agree to fund sewer impact fees for up to 87 residential units still to be built within thc Eagle Creek PUD and also fund up to $50,000 in additional sewer impact fees for additional commercial development within the Eagle Creek PUD. rio._ DEC 16 $. The County will t~ke over the sewer service for the Eagle Creek PUD effective October l, 2000. Staff estimates that the County will realize $100,000 a year in gross revcTlue by taking over thc sewer service for the Eagle Creek: PUD, all claims. Eagle Creek will dismiss the lawsuit with prejudice end release the County from In summary, thc benefits of the settlement to thc County include ending a lawsuit thai otherwise may take another four years to resolve in any final way, ensurin$ the County's right to pwvide sewer service to the Eagle Creek PUD in the near future and protect[nE the County agains~ a subs~ntial loss of sewer impact fees previously collected as well as interest on those fees in thc event of an adverse decision in the lawsuit. FISCAL IMPACT: The County will have to create a $200,000 fund for the members of thc class of owners of properties within the Eagle Creek PUD for which sewer |mpact fees havc previously been paid. In addition, the County will have to fund sewer impac~ fees in thc estimated amount of $166,550 for future development within the Eagle Creek PUD. By the same token, the County will keep all sewer impact fees (and interest accrued thereon) that have been collected to date for the Eagle Creek PUD. In addition, the County will realize be~nning on October I, 2000 an estimated $100,000 a year increase in gross revenues for the County Water- Sewer District. If thc proposed settlement is not appwved, the County could face not only the loss of sewer service rights to the Eagle Creek PUD but also a loss of $800,000 or more in thc event of an adverse decision in the lawsuit. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board consider and approve ~he settlement of the lawsuit ~yled Eagle Creek Propertie~, Inc. v. Collier County, Ca~ No. 93-0518-CA-01-TB, pending in the Cir~t Court for Collier County, Florida as the principle t~ms of that s~itlement are described in this Executive Summary and authorize the ~ to sign neces~y settlement documents after those documents have been reviewed and appwved by the Office of the County Attorney. Michel W. P~it Public Works Division APPROVED BY: ~ David C. Weigel, CoiiHty Al~ltl:hey 2 DEC 16 1997 EXECUT'rVE S~Y Request by the Housing Finance Authority of Collier County for approval of resolutions authorizing the Authority to issue multi- family housing revenue bonds to be used to finance qualifying apartment projects. To accomplish the necessary approvals to authorize proposed multi-family revenue bond issues by the Housing Finance Authority to be utilized for financing qualified apartment projects. CONSIDERATIONS: The Housing Finance Authority has considered requests by several developers of moderate income rental housing to issue its bonds to finance qualifying apartment projects. A summary of each of these projects is attached. All these projects are consistent with the Growth Management Plan and are properly zoned. No county land use approvals are necessary except for site plan and building permit approvals. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing and must adopt a resolution in favor of issuing the bonds. This hearing was held on December 8, 1997, and the Authority adopted resolutions approving the issuance of the Bonds, copies of which are attached. The .second requirement is that the governing body of the jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. Resolutions for each project for the Board to adopt are attached. The approval of these projects does not mean that they will receive financing and actually be built. Under the rules for administering the state volume cap (which regulates the amount of tax-exempt private activity bonds that may be issue, d) f Collier BEC ! 6 'L,q9'/ County can receive funding for no more that two of these projects (except for Saddlebrook, as explained below), and may receive none. The Authority is attempting to work out an agreement with the other HFA's in Southwest Florida whereby we will receive an allocation of $8.5 million. In order to receive the allocation, which is made on January 2, 1998, we must have these projects approved and ready for submission on that date. The Saddlebrook project is in a different category. This project has been previously approved by the Board for $16 million in 1994, and a 3-year carry-forward allocation for $4.9 million was received that year. However, a new approving resolution for $4.9 million must be adopted. This financing is scheduled to close on December 29, 1997. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the Authority or the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the project. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the resolutions expressly provide that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. GROWT~ MANAGEMENT IMPACT: The adoption of the attached resolutions will assist in providing affordable housing in Collier County. -2- AGENDA ITEM DEC ! 6 1997 RECOMMENDAT I ON: That the Board of County Commissioners adopt the attached resolutions. We would request that the motion be worded as 'motion to approve the issuance of Collier County Housing Finance Authority Multifamily Housing Revenue bonds for the following projects: Saddlebrook, Saxon Manor II, Whistler's Cove, College Park, Windcrest/Preserve, and Arbor View and authorize the chairman to execute a resolution of approval for each project." Prep~a~ed by: ~ Y -- / e Donald a. pick~rtH, C?un.s 1 .... ~ using ' . ce Author ty ~f Collier County John/T. Conroy: Jr. ~ ~ Chapman, Housmng Finance AuthOrity -3- OEC 1'6 'Lq97 Project Summary The Housing Finance Authority of Collier County (the Authority") has received requests for the issuance of the Authority's Multifamily Housing Revenue Bonds to be used to finance the acquisition and construction of any or all of the following projects: Name of Project= Owner: Financing requested; Number of units.. Size of Site: Location: Arbor View Apartments Arbor View, Ltd. $9,800,000 168 22.37 Acres West side of Old US 41(SR 887), approximately 1/4 mile south of the Lee County line. Name of Project: · Owner: Financing Requested: Number of units: Size of Site: Location: Windcrest/The Preserve Windcrest,/Preserve, Ltd. $12,010,000 220 57.9 acres Davis Boulevard at County Barn Road e e Name of Project: Owner: Financing Requested: Number of Units: Size of Site: Location: Note: Name of Project: Owner: Financing Requested: Number of Units: Size of Site: Location: Name of Project: Owner: Financing Requested: Number of Units: Size of Site: Location: Saxon Manor Isles Apartments II Saxon Manor Isles Apartments II, L.P. $6,400,OOO 124 20.91 acres South side of Radio Road approximately one mile west of Santa Barbara Boulevard. This is the final phase of the project. The first phase is complete and 100 % rented Whistler's Cove Apartments Whistlers Cove, Ltd. $12,750,000 240 24 acres North side of U.S. 41 East, approximately two blocks east of Lely High School entrance, opposite Trail Acres subdivision College Park Kenneth D. Goodman, Trustee $12,000,000 208 17.5 acres South side of Rattlesnake Hammock Roa DEC ! 6 mile east of Santa Barbara Blvd. and one mile west of C.R. 951 Name of Project: Owner: Financing Requested: Number of Units: Size of Site Location: Note: Saddlebrook (to be renamed Pelican Pointe) CEI/Kensington, Ud. $4,900,000 140 33.79 acres North side of Radio Road at intersection of Davis Boulevard This project has been previously approved by the Board in 1994 and has an allocation. An updated approving resolution in the amount requested is needed DEC 1 p.. RESOLUTION 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $4,900,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1997 (SADDLEBROOK VILLAGE APARTMENTS PROJECT, TO BERENAMEDAS PELICAN POINTE) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and ~eclared that: A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $4,900,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1997 (Saddlebrook Village Apartments Project, to be renamed as Pelican Pointe) (the "Bonds"). C. Public hearings were held on the Resolution on February 28, 1997 and March 24, 1997, which public hearings were duly conducted by the Issuer upon reasonable public notice, copies of said notices being attached hereto as Exhibit B, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. No person spoke or wrote in opposition to the project on the issuance of the Bonds. D. The Issuer has recommended and requested of County Commissioners approve the issuance of the Bc t th? ~cnr~ DEC 1 6 1997 the interest on the Bonds will be exempt from taxation under applicable provisions of Section Internal Revenue Code of 1986, as amended. federal income 147(a) of the E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt, or a pledge of faith and credit of the Issuer, the County, the State of Florida or any political subdivision thereof, and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shalI be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only to the extent provided in the Indenture. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Bonds by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated bY the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Repealing Clause. Ail resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS day of .., 1997. D;C 't 6 1997 (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Timothy L. Hancock, Chairman Board of County Commissioners of Collier county, Florida Approved as to form and legal sufficiency: County Attorney AGENDA ITEM DEC ! 6 I997 97 -01 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $4,925,000 FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION ANDDELIVERY OF ANAGREEMENTBYANDBETWEEN THE AUTHORITY AND COLONIAL EQUITIES, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Colonial Equities, Inc. (the "C6mpany") has applied to the Housing Finance Authority of Collier County, Florida (the .Authority"), to (i) issue its multifamily housing revenue bonds in a principal amount not to exceed $4,925,000 (the "Bonds") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $4,925,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Company has submitted the Prelimi~aryAgreement relating to the issuance of the Bonds, attached hereto; and WHEREAS, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date · I A~3£ND~, ITEM 16 1 197 q hereof, which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, 'FLORIDA, THAT: 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the B6nds, pursuant to the Act,.will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement attached hereto as Exhibit "A" between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $4,925,000, or (b) the cost of the Project, as determined by the Authority. 3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement attached hereto, in one or more issues or series in an aggregate principal amount not to exceed $4,925,000 for the purpose of financing the Project described in such Preliminary Agreement. The Bonds shall be designated "Housing Finance Authority of Collier County Multifamily Housing Revenue Bonds (Saddlebrook Village Apartments Project). The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Recommendation for Approval to Commissioners- The Authority hereby recommends the issu -2- Board of County ~nce of ~be AGENDA !T F M DEC ! 6 1997 iD Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County (the "Board"). The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1976, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution 6f the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "B" is hereby approved and the publishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as bond counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. -3- AGENDA ITEM No. DEC 16 't997 10. L~{ted Approval. The approval given herein shall not be construed as an apgroval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adogtion of this resolution to have waived any right of the County or estogping the County from asserting any rights or resgonsibilities it may have in that regard. This Resolution shall take effect immediately. ADOPTED this ~- day of ~J~;~ , 1997. (sE.~) HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA AGENDA ITEM DEC ! 6 1997 pg. EXHIBIT A PRELIMINARY AGREEMENT FOR ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS This Agreement between the Housing Finance Authority of Collier County, Florida (the "County"), a body corporate and politic of the State of Florida and Colonial Equities, Inc., (the "Company"). WI TNE S SETH 1. Preliminary Statement. Among the matters of mutual understanding which have resulted in the execution of this Preliminary Agreement are the following: (a) The Florida Housing Finance Authority Law (Chapter 159, Part 'IV, Florida Statutes), as amended (the "Act") provides that the Authority may issue its revenue bonds and loan the proceeds thereof to one or more persons, fixms, or private corporations, or use such proceeds, to defray the cost of acquiring, by purchase or construction, certain qualifying facilities. (b) The Company is considering constructing and equipping a multifamily residential housing facility for persons or families of low, middle or moderate income (the "Project") to be located within the boundaries of Collier County. It is estimated that the cost of the acquisition, construction, installation and development of the Project will be approximately $4,925,000. (c) The Authority intends this Preliminary Agreement to constitute its official binding commitment, subject to the terms hereo~, to issue its bonds, (the "Bonds") in one or more series or issues pursuant to the Act in an amount to be agreed upon by the Authority and the Company and to loan the proceeds thereof to the Company, or to use such proceeds, to finance the cost of acquiring and constructing the Project, including all costs incurred in connection with the issuance of the Bonds by the Authority, up to an amount not to exceed $4,925,000. (d) The Authority considers the issuance and sale of the Bonds, for the purpose hereinabove set forth, consistent with the objectives of the Act. This commitment is an affirmative official action of the Authority toward the issuance of the Bonds as herein contemplated in accordance with the purposes of hot NO. (f) The Bonds shall specifically provide the applicable United States Treasury Regulations. 2. Undertakings on the Part of the Authority: Subject to the terms hereof, the Authority agrees as follows: (a) The Authority will authorize the issuance of the Bonds in the aggregate principal amount necessary and sufficient to finance the cost of acquiring, constructing, installing and developing the Project as the Authority and the Company shall agree in writing, but in all events, the principal amount of such Bonds shall not exceed the lesser of (i) the cost of the Project, as determined by the Authority or (ii) $4,925,000. (b) The Authority will cooperate with the Company and with the underwriters or purchasers of the Bonds and the Authority's Counsel with respect to the issuance and sale of the Bonds and will take such further action and authorize the execution of such documents as shall be mutually satisfactory to the Authority and the Company for the authorization, issuance and sale of such Bonds and the use of the proceeds thereof to finance the cost of constructing and acquiring the Project. (c) Such actions and documents may permit the issuance from time to time in the future of additional bonds on terms which shall be set forth therein, whether pari passu with other series of bonds or otherwise, for the purpose of defraying the cost of completion, enlargements, improvements and expansion of the Project, or any segment thereof, or refunding of the Bonds. (d) The loan or financing agreement (the .Loan Agreement") between the Authority and the Company shall, under terms agreed upon by the parties, provide for payments to be made by the Company in such sums as shall be necessary to pay the amounts required under the Act, including the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable. (e) In authorizing the issuance of the Bonds pursuant to the Loan Agreement, the Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds will be sufficient to pay all costs of acquiring, constructing, installing and developing the Project or that those facilities encompassed by the Project will be suitable for the Company's purposes or needs. payable solely from the revenues derived from the Loan Agreement between the Authority and the Company or other agreements approved by the Authority, except to the extent payable out of amounts attributable to Bond proceeds. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit of Collier County or of the State of Florida, and such fact shall be plainly stated on the face of the Bonds. (g) After receipt by the Authority of this Preliminary Agreement.,' properly executed by the Company, (but before the expiration date) the Authority shall file with the State of Florida Division of Bond Finance (the "Division") a Request for Allocation upon receipt from the Company of a written request that the Authority apply for such allocation, and specifying the amount to be requested. The Company acknowledges that the State of Florida has adopted rules and regulations regarding the use of allocations and requirements that an Issuer issue bonds in substantially the entire amount of the allocation. The Company further acknowledges that the failure to actually issue bonds within a specified percentage of the allocation can result in the loss of the allocation. Accordingly, the Company shall be fully responsible for determining the size of the allocation to be requested, subject to the proviso that the request shall not be for a principal amount of Bonds which exceed the amounts set forth in paragraph 2(a), and taking into account carry forward allocations, if any. (h) In the event that as of January 1, 1998 there are two or more pending requests that the Authority submit requests for allocation from the Division, the Authority retains the right, in its sole and absolute discretion to determine the order and date upon which requests for allocation for each of such projects shall be made. 3. Undertakings on the Part of the Company. terms hereof, the Company agrees as follows: Subject to the (a) The Company will use reasonable efforts to insure that the Bonds in the aggregate principal amount as stated above are sold; provided, however, that the terms of such Bonds and of the sale and delivery thereof shall be mutually satisfactory to the Authority and the Company. (b) Prior to the issuance of the Boads, in one or more series or issues from time to time as the Authority and the Company shall agree in writing, the Company will enter into a Loan Agr~ -3- DEC ! 6 1997 the Authority, the terms of which shall be mutually agreeable to the Authority and Company, providing for the loan or use of the proceeds of the Bonds to finance the Project. such agreement will provide that the Company will be obligated to pay the Authority (or to trustees for holders of the Bonds on behalf of the Authority, as the case may be) sums sufficient in the aggregate to enable the Authority to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable, and all other expenses related to the issuance and delivery of the Bonds. The Company will agree in such documents that if the cost of acquisition and construction of the Project exceeds the amounts allocated therefor, it shall not be entitled to any reimbursement for any such excess either from the Authority, the bondholders or the trustee for the bondholders. (c) The Company shall be responsible for the Authority's Issuance fee in effect at the time the Bonds-are issued and the fees.of Counsel to the Issuer, and Bond Counsel. The Company shall pay, upon request, a reasonable retainer to compensate Issuer's Counsel and Bond Counsel, for services which must be performed regardless of whether the Bonds are issued. Neither of said Counsel shall have any obligation to perform services in connection with the financing of the Project until such retainers are paid. (d) The Company shall in addition to paying the amount set forth in the Loan Agreement, pay all costs of operation, maintenance, taxes, governmental and other charges which may be assessed or levied against or with respect to the Project. (e) The Company ~i'll hold the Authority free and harmless from any loss or damage and from any taxes or other charges levied or assessed by reason of any mortgaging or other disposition of the Project. (f) The Company will take such further action as may be required to implement its aforesaid undertakings and as it may deem appropriate in pursuance thereof. (g) All Issuance and counsel fees shall be paid in full at the time of the sale and delivery of the Bonds, subject to the following: (i) Company has paid an application fee to the Authority in the amount of $2,000; (ii) Company has paid Issuer's Counsel $2,500 to cover initial services of Issuer's Counsel through the seeking of local government approval. These fees and any retainers paid as herein provided, shall be credited -4- gairt~~TEM OEC 1 6 1997 Issuance fee and fee of Issuer's and Bond Counsel to be paid at closing. 4. General Provisions. All commitments of the Authority under Section 2 hereof and of the Co~any under Section 3 hereof are subject to the conditions that the following events shall have occurred not later than December 31, 1997, or such other date as shall be mutually satisfactory to the Authority and Company: (a) The Authority shall be lawfully entitled to issue the Bonds as herein contemplated. (b) The Authority and Company shall have agreed on mutually acceptable terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and conditions of any trust instrument in respect thereto and Loan Agreement or other agreements incidental to the financing or referred to in Sections 2 and 3 hereof. (c) Rulings satisfactory to the Company and to the Authority as to such matters with respect to the Bonds, the Project, the Loan Agreement and any trust instrument, if specified by the Authority and Company, shall have been obtained from the Internal Revenue Service and/or the United States Treasury Department and shall be in full force and effect at the time of issuance of the Bonds. (d) Such other rulings, approvals, consents, certificates of compliance, opinions of counsel and other instruments and proceedings satisfactory to the Company and to the Authority as to such matters with respect to the Bonds, the Project, the Loan Agreement and any trust instrument, as shall be specified by the Company or the Authority, shall have been obtained from such governmental, as well as non-governmental, agencies and entities as may have or assert competent jurisdiction over or interest in matters Pertinent thereto and shall be in full force and effect at the time of issuance of the Bonds. (e) The Company and the Authority each reserve the absolute right to unilaterally cancel this Preliminary Agreement at any time prior to the time the Bonds are issued by the Authority upon written notice of cancellation. (f) If the events set forth in this Section 4 do not take place within the time set forth or any extension thereof, or if the Company or the Authority exercises its rights of canc, No. DEC ! 6 sec forth in this Section 4, the Company agrees that it will reimburse the Authority for all the reasonable and necessary direct or indirect expenses which the Authority may incur at the Company's request arising from the execution of this Preliminary Agreement, and the performance by the Authority of its obligations hereunder, including legal fees for counsel to the Authority and Bond Counsel. (g) The Company acknowledges that the Authority may, during the time this Preliminary Agreement is in effect, issue similar "inducement" agreements to other companies for other multifamily projects, and/or may issue bonds or participate jointly with other authorities to issue bonds for single family housing. This Preliminary Agreement will create no priority or rights vis a vis subsequent agreements for the issuance of multifamily or single family bonds. 5. Binding Effect. All covenants and agreements herein contained by or on behalf of the Authority and the Company shall bind and inure to the benefit of the respective successors and assigns of the Authority and the Company whether so expressed or not. IN WITNESS WHEREOF, the parties hereto have entered into Agreement by their officers thereunder duly authorized as of '~'~'-day of ~/~z~., 1997. this the Colonial E~uit£es, Inc. By: [title] -6- AGENDA ITEM No. - DEC ! 6 997 Affidsvt~ of PubLication REFERE]qCE: 57//.16/-6 NOTXC£ OF ~EET;,GNoC State of FLortc~l Co~ty of CoLLier Before the u~clers?gned ~J~hOr~ty, persofleLLy ~n CoLLier C~ty, FLorida: t~at the ~ of a~erttsi~ ~a~ ~bLtsh~ tn satd n~s~per ~ ~tes CoLLier C~, FLor~, ~ t~t the ~d n~s~pe~ ~s heretofore b~ ~L~ tn ~d ~tt~eP C~, FLoe~, ~ ~ has b~ ~xer~ as sec~ cLass Nt~lr It ~hl ~lt off~Cl {n NapLes, ~n CoLL~e~ ~, ftor~,'for a per~ of I yea~ fu~er .ys tht he h~ neither ~qd .r promts~ Off: 02/21 AO SPACE: 6.417 XHC~ NOT}C~ OF ME~T1NG (me 'Aura'ih?9 will cons~cW me ~ Revenue. Bonds ($addlebrook Village Tom~ T~, ~1~ ~ ~ F~ h~ . . .- ':'.~ '. '~ '" I~~-,,-~ ':' .. ' I~ u ~'~ ~'~.~' I~~. ~,~._...- .- ~.._.~, I-.. M'~ ~.~ ~ '~ ~T.~,X... ~ '. . ~. PersonaLLy I~ by ~e ~ ID[C I 6 ~97 I RESOLUTION 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING 6,400,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1997 (SAXON MANOR ISLES APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF CO UNTYCOMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. determined and declared that: It is hereby found, ascertained, A. The Housing Finance Authority of collier County (the ,'Issuer") is a public corporation of the State of Florida, was duly created by ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the .Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the .Resolution"), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $6,400,000 Housing Finance Authority of collier County Multi-Family Revenue Bonds, Series 1997 (Saxon Manor Isles Apartments, II) (the .Bonds"). C' A Public hearing was held on the Resolution on December 8,1997 which public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached as Exhibit A, to the resolutions and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. No person spoke or wrote in opposition to the project on the issuance of the Bonds. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds .will be exempt from feC era~G~gR~EM DEC ! 6 t997 I taxation under applicable provisions of Internal Revenue Code of 1986, as amended. Section 147(a) of the E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt, or a pledge of faith and credit of the Issuer, the County, the State of Florida or any political subdivision thereof, and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shall be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only to the extent provided in the Indenture. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Bonds by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Repealing Clause. Ail resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS day of , 1997. AOEN JT.F M DEC 1 6 t997 I (SEAL) ATTEST' Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Timothy 2. Hancock, Chairman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: County Attorney AGE:.D~ I, LE~ DEC 16 199'7 97 - 06 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, ~TIVE TO THE ISSUANCE OF NOT TO EXCEED $6,400,000 MULTIFAMILY HOUSING REVENUE BONDS FOR THE pURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL ~OUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND SAXON MANOR ISLES APARTMENTS II, L.P. AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Saxon Manor Isles Apartments II L.P. (the .Company" which term shall include its related successors or assigns) has applied to the Housing Finance Authority of collier County, Florida (the .Authority"), to (i) issue its multifamily housing revenue bonds in a principal amount not to exceed $6,400,000 (the .Bonds") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in collier County (the .Project"), and (ii) to ds of the Bonds to the Company pursuant to Chapter loan the procee ........ h other provision or . . Florida Stacuces, or 159, Part IV, - .... me Authority may determine advlsaD£e provisions of Florida law as un (the .Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $6,400,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and submitted the PreliminaryAgreement WHEREAS, the Company has relating to the issuance of the Bonds; and DEC ! 6 '1,997 WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date hereof, which date is 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County, Florida (a true and accurate copy of the proof of publication of such notice is attached hereto as Exhibit A), which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT: 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement of even date herewith between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $6,400,000, or (b) the cost of the Project, as determined by the Authority. 3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement, in one or more issues or series in an aggregate principal amount not to exceed $6,400,000 for the purpose of financing the Project described in such -2- CAM~,F~:~m~m..HOf'A~AXONMAHOIt Jt,E~4.'~'fD AGENDA ITEM No._ DEC '1 6 997 Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Recommendation for Approval to Board of County Commissioners. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County (the .Board"). The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1976, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the Preliminary Agreement, with' the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. ?. Approval of Notice o£ Publ£c Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be p~yable AGENDAII~M .o._ DEC P=. _ solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relatiDg to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County nor to have estopped the County from asserting any rights or responsibilities it may have in that regard. n. U on approval by the Board of the -- Bond A11ocatio P . - ....... ..... ~ the Bonds, the c~axrman~ lssuan¢= v~ ...... ~ ..... cute all necessary oocumenus re hereD autnorxzeu Counsel a Y . - ..... =-- ~-~ the State Division for obtaining and preserving an of Bond Finance pursuant to the Preliminary Agreement. This Resolution shall take effect immediately. ADOPTED this _$th _ day of pecember , 1997. HOUSING FINANCE AUTHORITY OF COLLIER C¢;JNTY, FLORIDA (SEAL) By: Chairman ATTEST: Secretary AGENDA No. p.. Affidavit of P~LtCl~tOfl R£F£~CE: State of FLorida County of CoLL~er Sefore t.he ur~ders~gned authority, Ditty N~s. I da~tr fl~s~per ~L~sh~ c~ o~ tho ~ert~s~ vas ~Ltsh~ a~s ~s a fl~spaper ~Ltsh~ at ~ptes, 4fl sa4d ~bL4sh~ ~n ~d CoTL~er ~, FTor~, Mt:er o~ ~ ~st off,ce 4n ~pLes, 4fl satd Co~L4e~ C~, PLo~4da, for o ~r4~ of flex~ prec~ ~he f~rs~ ~L~co~4~ of the pr~s~ any ~r~, f4re or dlsc~C, re. ce, ~4ss4~ or ref~ for ~r~se 0f oecuP4~ ~ht. odvertts~t for ~Lt~:~ ~fl the sa~d fl~s~r. ~ZL~O ON: 144 Leccme~ ~*MJ.~*~Ceve. Li& °" ' ' JIF M I~ ML°c~e~side et U~ 41 fled. ~ )oo Stg~ture of Afftm~t / · E.~]bit A to Resolution 97-06 AGENDA ITEM; No. DEC 1 6 97. ' RESOLUTION 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING 12,750,000 HOUSING FiNANCE AUTHORITYOF COLLIER COUNTY MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1997 (WHISTLER'S COVE APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THEBOARDOF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. determined and declared that: It is hereby found, ascertained, A. The Housing Finance Authority of Collier County (the .Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the .Resolution"), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $12,750,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1997 (Whistler's Cove Apartments) (the "Bonds"). C. A Public hearing was held on the Resolution on December 8,1997 which public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached as Exhibit A, to the resolutions and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. No person spoke or wrote in opposition to the project on the issuance of the Bonds. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds.'will be exempt from "meo~A%~,,= No. DEC ! 6 997 taxation under applicable provisions of SectiOn 147(a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt, or a pledge of faith and credit of the Issuer, the County, the State of Florida or any political subdivision thereof, and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shall be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only to the extent provided in the Indenture. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Bonds by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Repealin~ Clause. All resolutions or orders and parts thereof in conflict herewith, to the ext~nt of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED ANDADOPTEDTHIS 1997. day of , AGENDA ITEM No. DEC ! 6 997 (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Timothy L. Hancock, Chairman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: County Attorney AGENDAJT£M DEC ! 6 ~g97 p~._ ._,~ 97-07 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $12,750,000 MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND WHISTLER'S COVE, LTD.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Whistler's Cove, Ltd. (the "Company", which term shall include its related successors and assigns) has applied to the Housing Finance Authority of Collier County, Florida (the "Authority"), to (i) issue its multifamily housing revenue bonds in a principal amount not to exceed $12,750,000 (the "Bonds") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $12,750,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Company has submitted the Preliminary Agreement relating to the issuance of the Bonds, attached hereto; and C ~A~~W~) WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date hereof, which date is 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County, Florida (a true and accurate copy of the proof of publication of such notice is attached hereto as Exhibit A), which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. 'IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THATt 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement of even date herewith between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $12,750,000, or (b) the cost of the Project, as determined by the Authority. 3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement, in one or more issues or series in an aggregate principal amount not to exceed $12,750,000 for the purpose of financing the Project described in such ¢ ~,~.,.~or^,~'~.~'~ -2- AG EN ~A JTEM No.. Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Recommendation for Approval to Bo&re% o~ County Commissioners. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County (the .Board") · The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147 (f) of the Internal Revenue Code of 1976, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shali not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable I ^o DEC 1 B 1997 Pm., solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County nor to have estopped the County from asserting any rights or responsibilities it may have in that regard. 11. Bond Allocation. Upon approval by the Board of the issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's Counsel are hereby authorized to execute all necessary documents for obtaining and preserving an allocation from the State Division of Bond Finance pursuant to the Preliminary Agreement. This Resolution shall take effect immediately. ADOPTED this 8th day of December ,, 1997. HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA (SEAL) Is/ Chairman ATTEST: Isl Secretary AG£NDA ITEM REFERENC£: County of ¢otHeP eppear~ I. ~, ~ ~ ~:h says :~t she se~es n~s~e ~ dates CoLtlee C~ty, Fto~4do, .~ t~t the sa~d fl~s~pee ~s heretofoee ~ c~t~zty p~L~ih~ tn so~d CoLLier C~ty, FLor~, Mttee at the ~st off,ce ~fl Neat., 4fl CoLLier C~ty, FLorida, foe e per~ of ~ yelp attoch~ c~ of o~ert~s~eflt; a~ offtoflt pron~s~ 8~y ~rson, f~ or c~rlt~ any d~sc~T, rebate, c~ss~ or ref~ for the I '~x~ibi! A to Resolution 97-07 AGENDA'ITEM "" ~o. DEC 16 I997 RESOLUTION 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING 9,800,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1997 (ARBOR VIEW APARTMENTS) PURSUANT TOCHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THEBOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. determined and declared that: It is hereby found, ascertained, A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $9,800,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1997 (Arbor View Apartments) (the "Bonds"). C. A Public hearing was held on the Resolution on December 8,1997 which public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached as Exhibit A, to the resolutions and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. No person spoke or wrote in opposition to the project on the issuance of the Bonds. of County Commissioners approve the issuance the interest on the Bonds will be exempt The Issuer has recommended and requested that the Board of the Bonds so that from fed, A GEC ! 6 't997 3/,, taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt, or a pledge of faith and credit of the Issuer, the County, the State of Florida or any political subdivision thereof, and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shall be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only to the extent provided in the Indenture. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Bonds by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Repealing Clause. Ail resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 1997. day of ., AOENDA ITEM No. ~(_~ DEC PI~. '~ (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Timothy L. Hancock, Chairman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: County Attorney 97 - 09 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $9,800,000 MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND ARBOR VIEW, Ltd.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Arbor View, Ltd. (the "Company", which term shall include its related successors or assigns) has applied to the Housing Finance Authority of Collier County, Florida (the "Authority"), to (i) issue its multifamily housing revenue bonds in a principal amount not to exceed $9,800,000 (the "Bonds") for the purpose of financing the acquisition, construction, equipping and development of multtfamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $9,800,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Company has submitted the Preliminary Agreement relating to the issuance of the Bonds, attached hereto; and AG£N D~A,JT,~M 16 ' 97 WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date hereof, which date is 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County, Florida (a true and accurate copy of the proof of publication of such notice is attached hereto as Exhibit A), which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both =he issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT~ 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery o£ Prelixainary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement of even date herewith between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $9,800,000, or (b) the cost of the Project, as determined by the Authority. more issues or series exceed $9,800,000 for 3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement attached hereto, in one or principal amount not to financing the Project in an aggregate the purpose of -2- described in such Preliminary Apreement. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Recommendation £or Approval to Board of County Commnissioners. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County (the .Board") · The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147 (f) of the Internal Revenue Code of 1976, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of Publio Hearinp. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed IssuerTM Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable -3- DEC 1 solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. Limited Approval. The approval given herein shall not he construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County nor to have estopped the County from asserting any rights or responsibilities it may have in that regard. 11. Bond Allocation. Upon approval by the Board of the issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's Counsel are hereby authorized to execute all necessary documents for obtaining and preserving an allocation from the State Division of Bond Finance pursuant to the Preliminary Agreement. This Resolution shall take effect immediately. ADOPTED this 8th day of December , 1997. (SEAL) HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA By: /s/ Chairman ATTEST: Secretary P X~IIT)I, DONALO Sa11 P£LZCAN ~,1' IL'~ /210 IE~E~E~CE; 010/8; 57~979G? Not~ct of I~bLtc #eo Co~ty of CoLtter ~n CoLttee C~, FLort~: t~t t~ et~lc~ co~ of t~ ~ver~st~ vas ~tt~ Cott~e~ C~y, Florida, I~ ~L~s~ fa satd CoLL?er ~, CoLLier C~ty, FLorida, for next prec~4~ the f(rst ~LJ~tt~ pr~ts~ ~ ~rs~, f(~ or ~Lt~tCm in t~ said ON: 11/23 AD SFACZ: 32L.000 XNCH FXLEO ON: 11/2/./97 MiIMe M Ue 4t I~f. ~ "£7 Exhibit A to Resolution 97-09 AGENDA.ITEM · OEc 16 .! 197" Pg. ~ , RESOLUTION 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING 12,000,000 HOUSING FINANCE AUTHORITYOF COLLIER COUNTY MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1997 (COLLEGE PARK APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. determined and declared that: It is hereby found, ascertained, A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $12,000,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1997 ( College Park Apartments) (the "Bonds"). C. A Public hearing was held on the Resolution on December 8,1997 which public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached as Exhibit A, to the resolutions and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. No person spoke or wrote in opposition to the project on the issuance of the Bonds. De of County Commissioners approve the issuance the interest on the Bonds will be exempt The Issuer has recommended and requested that the Board of the Bonds so that from f taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acced in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best inCerest of the County that che issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt, or a 91edge of faith and credit of the Issuer, the County, the State of Florida or any political subdivision chereof, and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shall be liable thereon~ nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only to the extent provided in the Indenture. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Bonds by reason of its issuance. Section 2. Approval of Issuance o£ the Bonds. The issuance of the Bonds as contemplated bY the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the projec~ contemplated by chis resolution shall be subjecc to all such regulations, including, buc not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Repeal£ng Clause. All resolutions or orders and parts thereof in conflict herewith, to the excent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ... day of ., 1997. DEC ! 6 i 97 (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By :_ Deputy Clerk Timothy L. Hancock, Chairman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: County Attorney AG E. D,,A, ~r~F.M (;~¢ 1 6 '~97 97- O.~ RESOLUTION REGARDING T~E OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $12,000,000 MULTIFAMILY HOUSING REVENUE BONDS (COLLEGE PARK APARTMENTS) FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND KENNETH D. GOODMAN, TRUSTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Kenneth D. Goodman, Trustee, (the .Company" which term shall include its related successors and assigns) has applied to the Housing Finance Authority of Collier County, Florida (the ,,Authority"), to (i) issue its multifamily housing revenue bonds in a principal amount not to exceed $12,000,000 (the ,'Bonds") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the .Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $11,500,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Company has submitted the PreliminaryAgreement relating to the issuance of the Bonds; and C ~ddTFI1~lS~x~m~OfA'~K)ODl~Ah'~ ~ AG£N ~A,~,EM No.~ GEC 16 S97 PA. r~ WHEREAS, in order to satisfy certain off'the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, =he Authority held a public hearing on the proposed issuance of the Bonds for =he purposes herein stated on the date hereof, which date is 14 days following the first publication of no=ice of such public hearing in a newspaper of general circulation in Collier County, Florida (a true and accurate copy of the proof of publication of such notice is attached hereto as Exhibit A), which public hearing was conducted in a manner =ha= provided a reasonable opportunity for persons with differing views =o be heard, both orally and in writing, on both =he issuance of such Bonds and =he location and nature of the portion of the Project =o be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within =he meaning of the applicable Un,.ted States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THATs 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Deliver]f of Preliminary Agree~ent. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement of even date herewith between the Authority and the Company providing understandings relative =o the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount no= to exceed the lesser of (a) $12,000,000, or (b) the cost of the Project, as de=ermined by the Authority. 3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by =he Company and subject =o the conditions set forth in =he Preliminary Agreement, in one or more issues or series in an aggregate principal amount not to exceed $12,000,000 for the purpose of financing the Project described in such -2- CEC 1 6 1997 Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Recommendation £or Approval to Board of County O act Zor approva~ ~ u~ Bonds and the financing of the Pr J . . County Commissioners of Collier County (the Board ). The sel either alone or jointly, at the expense ox the uompany, ~u [~"pr~ect by the Board as the applicable electe~ represen~au~--= of collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1976, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the PreliminaryAgreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of Public Hearing. The'form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified bY the Authority. 8. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency'thereof but shall be payable AG£~D~I~EM D[C ! 6 solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any ocher regulatory permits relating to the Projecc and the AuthoriCy shall not be construed by reason of its adoption of this resolution Co have waived any right of the County nor to have estopped Che CounCy from asserting any rights or responsibilities it may have in that regard. 11. Bond Allocation. Upon approval by the Board of the issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's Counsel are hereby auchorized to execute all necessary documents for obtaining and preserving an allocation from the State Division of Bond Finance pursuant Co the Preliminary AgreemenC. This Resolution shall Cake effecC immediacely. ADOPTED this 8TH day of December , 1997. HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA (SEAL) Chairman ATTEST: Is~ Secretary AGENDA I'r. EM .o._ - P L CX'dC)ITN, ~3NAL~ ~Sll ~rL~C~N ~&V ILY= /210 NAPT.[S FI. 3A10~ I[F£RDIC[: 0107~. S7S97~C;7 NeOCa of I~bttC Nee Sxs~e of Flort~ C~nty of Before the L~derstgned ~hortC~, INrsonaLly ~ ~stsc~: ~r~rl~e ~creca~ of ~ No~L~s ~ of t~ odvert~s4~ wis ~L~ 4n oa~d ~s~r m ~es tis~. Aff~C further s~l ~ ~ ~4d ~tll h4ty ~s~r his heretofore ~ pubLtsh~ In satd CoLlier ~, FLaMe, ~y ~ ~s b~ ~er~ os sec~ class uc~e~ at ~he ~s~ off4ce tfl ~tes, tfl satd CoLLier C~Cy, FLorida, for I ~r4~ of 1 year nex~ prec~g ~he f~s~ ~L~ of ~romts~ any ~r~, f~ Or c~roC~ I~ d4sc~, re~o~e, cm4ss~ or re~ Yor ~bLJ~Ct~ Jfl ~he slid ~z~per. PUBLZS~£B OH: 11/~ AD SPACE: 32/,.000 ZNC. FXLED OH: 11/2~/97 "£7 MY C~KQ.e$5~ I ~.'37 EX~IA~S EkEibit A to Resolution 9%05 AGENDA ITEM' RESOLUTION 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING 12,010,000 HOUSING FINANCE AUTHORITYOF COLLIER COUNTY MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1997 (WINDCREST/PRESERVEAPARTMENTS) P URSUANTTO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARDOF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the .County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $12,010,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1997 (Windcrest/Preserve Apartments) (the "Bonds"). C. A Public hearing was held on the Resolution on December 8,1997 which public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached as Exhibit A, to the resolutions and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. No person spoke or wrote in opposition to the project on the issuance of the Bonds. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from fe~era~G~M .. ;-... DEC 16 1997 table, iOn under'applicable provisions of Internal Revenue Code of 1986, as amended. Section 147(a) of the' E. The Resolution shows thaC the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt, or a pledge of faith and credit of the Issuer, the County, the State of Florida or any political subdivision thereof, and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shall be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only to the extent provided in the Indenture. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Bonds by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to %brogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Repealing Clause. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 1997. day of , ¢ '~Of'F IC'~,.~ P~'I ,~,'~V, TDOC S'vM. rr~"OL O~I, CC '&TO AGE:NQA ITI M G .C ! $ Lgg? (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Timothy L. Hancock, Chairman Board of County Commissioners of collier County, Florida Approved as to form and legal sufficiency: County Attorney GZC 1 6 '~97 P, .... %q 97- 10 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $12,010,000 MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND WINDCREST/PRESERVE, LTD.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Windcrest/Preserve, Ltd. (the "Company" which term shall include its related successors and assigns) has applied to the Housing Finance Authority of Collier County, Florida (the "Authority"), to (i) issue its multifamily housing revenue bonds in a principal amount not to exceed $12,010,000 (the "Bonds") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $12,010,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Company has submitted the Preliminary Agreement relating to the issuance of the Bonds; and AGE:N DA JT.E:M E..C 1 6 ' 997 WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date hereof, which date is 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County, Florida (a true and accurate copy of the proof of publication of such notice is attached hereto as Exhibit A), which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT~ 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement of even date herewith between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $12,010,000, or (b) the cost of the Project, as determined by the Authority. 3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement, in one or more issues or series in an aggregate principal amount not to exceed $12,010,000 for the purpose of financing Project described in such the / 1 Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Recommendation for Approval to Board of County Co~issionmrs. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County (the "Board"). The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147 (f) of the Internal Revenue Code of 1976, as amended. 5. ~eneral Author£zat£on. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Not,ce of Publ~= Hear£ng. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable c ~:,n,..,.-,.,,.~o,^,w,:,,:,otur,us,,,~v., w.o -3- AG EN D6 IIEM No. q f l~l Pg. solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. Limite~Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be c~nstrued by reason of its adoption of this resolution to have waived any right of the County nor to have estopped the County from asserting any rights or responsibilities it may have in that regard. 11. Bond Allocation. Upon approval by the Board of the issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's Counsel are hereby authorized to execute all necessary documents for obtaining and preserving an allocation from the State Division of Bond Finance pursuant to the Preliminary Agreement. This Resolution shall take effect immediately. ADOPTED this 8th day of December .., 1997. HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA (SEAL) By: Is/ Chairman ATTEST: Is~ Secretary AG.E:N D~A JT,,IE ~d Sh,e e~ S~e~. 17 S cede1 PX~XVOR~, R£FERL'HC£: $75979G7 Noctce of PvbL{c State of FLorida OotLy ~s, I ~o~Ly fl~s~per ~bLtsh~ lC ~8p:el, tfl ~tt~er C~t~, Ptor~: t~t the /t~lC~d Xff4~t further s~a that the oecd ~ptes DalLy Cott~ee C~, Ftor4da, end t~t the sold n~s~r ~z heretofore be~ c~t~flu~sty ~LJSH~ Jfl said Cotttee C~CM, FLor~do, Cott4er C~t~, FLoreal, for I next prec~flg the f4~st pubttcatt~ of the ICTOCh~ co~ of odverttle~flt; end IffJmfl: d~s~t, re~te, co~sst~ or ref~d for the ~r~se of se~ring this odvertJlelent for ~tt~c~ tfl the Ja~d fl~s~per. l~xhil~it :A to Resolution 97-10 No. q(:_. : i~F,~~: To appoint/r~-app0int 2 members to 4 y~ar terms, expiring on December 31, 2001, on the Parks and Recreation Advisory Board (PARAB). CONSIDERATIONS: The Parks and Recreation Advisory Board has 2 terms expiring on December 31, 1997, representing the urban area. ~tation on this board consists of 1 member from the Immokalee Community Park District, I member from the Marco Island Community Park District, and 5 members from the Naples and Urban Area Community Park District. This 7 member board advises the Board of County Commissioners on matters pertaining to the acquisition, development and programs involving the County's park facilities. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received fi'om the following 5 interested citizens: John C-rice, Looking to be involved in the community; Administered RFP's & computers for IBM & Navy; Currently a residential Real Estate agent I yes Ginger Hinchcliff, Degree in Parks & Recreation from Penn State University; Works for DEP at Rookery Bay. 5 yes Kent Kolegue, Owner of American Property M~t.; Served on G.G. Community Center Adv. Corem 2 yrs. 5 yes Gayle Stan, Requesting Re-appointment Served on PARAB since 1995; Employed at Tuff Publications 2 yes Timothy M. Blackford, Requesting Re-appointment 5 Ctm'ent PARAB Chairman; on Bd. Since 1991; Senior Business Development Manager, Staff Leasing job entails improving efficiency of company human r~source depts. yes CO1VIMI'I'~E RECOMMENDATION: Re-appointment: New Appointment: T',mothy M. Blackford Ginger Hinchcliff AGENDA ITE. H N 0 ,...,~..~~ DEC 1 6 1997 I:)~] ,. _ / FISCalS., IMPACT: NONE GROWTH MANAGEMENT I~A~: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommcndation for appolnunent and appoint 2 members to serve 4 year ter~____~ on the Parks and Rccrea~on Advisory Board, and direct the. County Attorney to prepare a resolution Prepared By: Sue Filson, Adm~stratlve Assimm Board of County Commissioners Agenda Date: December 16,1997 AGEND~ ZTEM DEC 1 6 1997 Sent= Friday, November 21, 1~97 10:34 AM To: fll~on.,.~ SubJ~t= ~ Parks and Recreation Ad~so~ Board (Modified) From: Sent: To: Cc: Subject: dm'muck, j Thursday, November 20, 1997 11:55 AM filson_s Parks and Recreation Advisory Board Sue, On Wednesday, November 19, 1997, the current Parks and Recreation Advisory Board (excluding persons wishing to be re-elected to the Board as assumed by exJxting Board members) recommended their top choices for the two positions in the following order: Tim Blackford Current Parks and Recreation Board Chairman, on Board since 1 ~91; Senior Business Development Manager, StaffLeasing: job entails improving efficiency of company human resouce departments. Ginger Hinchcliff Degree in Parks and Recreation from Penn State University; Works for Department of Environmental Protection at Rookery Bay. Kent Koleguz Served on Golden Gate Community C~ter Advisory Board for 2 years; $o1~ Ox-ice Looking to be involved in the community; Administered RFP's and computers for IBM and Navy; Currentiy a Residential Real Estatz Agent, Oayle Stan Served on PARAB since 1995; Employeed at Tuff Publications Please prepare an executive summary for the Board's consideration. If'you have any questions, please call me at 353-0404. Let me know ifthis is enough! John Dunnuck, Olx~tions Coordinator -AGENDA ITE4q so. P. EC 1 6 1997 Name Gayle L. Stan 73 $ 98th Avenue, N. Naples, FL 34108 Distrlct: 2 Category: Urban Billle Cheney P.O. Box 5021 lmmokalee, FL 34143 Distr/ct: Caf~gory: lmmokalee Joseph D. Zaks 4841 Shearwater Lane Naples, FL 34119 District: 5 Category: Url~tm Daphne Bercher 3800 Estero Bay Lane Naples, FL 34112 District: 1 Category: Urban Gil C. Mueller 541 Blackmore Court Marco Island, FL 34145 Parks and Recreation Advisory Board 03/I&/97 12/31/98 657-1231 2 Years 03/23/93 12/31/94 1/14/95 12/31/98 2 Years 4 Years 2~1-~90~ 08/26/97 12/~1/99 774-~181 2Y~rs 4 Y~.s 02/15/94 12/31/95 394-9444 11114/95 12/31/99 2 Years 4 Years District: 1 · .,, ~ Category: Marco Island i/1~.~' , qqq~ T~o~y M. Bl~o~ ~,o ~,:_~--- · ...... ~- ~ ~15~ 1~1~ 4Y~ ~ ........* ...... ~O N~les, FL District: 2 Cate. gory: Urban Elaine M. Wicks 4,M. O333 03113/96 12/31/98 3 Years 1400 Pompei Lane, Unit #33 Naples, FL 34103 D~.lct:. 4 Category. Urban ~ ~ Parks and Recreation Advisory Board llomt Pkont D~tt,~t.~t 2n~D~te Ord. No. g3-81 to advi~e ~e Board of County ~;emraaa~a~, ,,,, -.; MembemniP ~ oT -~ .m,m~.,~, ,,,, rs from ~e Nal:~S and Urban Ama the M~rco I~land Community P~rk Di~trlct, ~nd $ rnembe Community Pad< District. Terms are 4 yearn. Maria RamseY, Park~ and Recreation Director. 3530404 NO. """""""~EC 1 6 1997 Pg.~ DATE: October 20, 1997 MEMORANDUM OCT 2 2 1997 of County Co.hiss.,: ~,. TO: FROM: Vinell Hills, Elections Office Sue Filson, A~tive Asa Board of County Commissione~ Voter Registration. Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know ii'those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. PARKS & RECREATION ADV BOARD COMMISSION DISTRIL'~' John Gdce 326 Charlemagne Boulevard I204 Naples, FL 34112 3581 29th Avenue, S.W. Naples, FL 3434117 Kent Kolegue 2339 Woodcrest Drive Naples, FL 34120 5' Gayle Start 735 98th Avenue North Naples, FL 34108 Timothy M. Blackford 276 Madison Drive Naples, FL 341 I0 Thank you for your help. DATE: TO: FROM: October 20, 1997 Maria Ramsey, Parks and '.RecreationD'tr~o~; Sue Filson, Administrative Assistant~"j,'~, Board of County Commissioners Parks and R~reation Advisory Board As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: John Grice 326 Charlemagne Boulevard I204 Naples, FL 34112 Ginger Hinchcliff 3581 29th Avenue, S.W. Naples, FL 3434117 Ken! Kolegue 2339 Woodcrest Drive Naples, FL 34120 Gayle Stan 735 98th Avenue North Naples, FL 34108 Timothy M. Black. ford 276 Madison Drive Naples, FL 34110 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-flame, and I will prepare an exe~tive summary for the Board's consideration. Please categorize the applicants in areas ofexperflse. Ifyou have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments DEC 16 1997 To: Mrs. Sua l:'Rson Bo~'d of County 3ll0I Tazniami Tr. E. Naples, FL 341 I2 FAX 774-3602 From: Naples, FL 34112 774- 7 Con~mittee tnd the Parks ~ Recreation Advisory Board. The followi~ is an over view of my life's ~,eri~ that I feel can be of benefn to the Board ofCoum7 Comm~oners and The ~ of CoRier County. The list trend is from preseat to pa.~: Peal E~ tgcnt in Collier County dnce 1993 full time June to Nove~nb~ 1992 Developed and tau~2~t Submarine Sonar co~uter ~ opm-ation ~! ~ ~ for mM ~I the US Navy 0 Developed and ta~tt Personal Computer cours~ for ~M and the US ill Adaini~ter~ RFFs ,_~a the subsequeat ne~tisiions for various upecu of the IBIvi/US Governmeni comracts Collected data end cxerciscd various logistics programs to calngate spare parts, tbeh' cost. their replacement cost, numb~ of spares required, pert life expectancy and delivery and inmlluion crimia Wrote tnd te,v. cd operation, nuinmunce and repair procedures for various components of the US Navy's submarine sonar system 5 Started, ran end managed · succeu.eul photoSnp~ studio (Duf, nS full time emp~ with IBM) ~ Sm'veal in ail oft. he ottice positions ora photography club ~ Obtain~ an~e~ degree in Electro,,;c Tedmolo~y fl'om NOVAwhik ~ ~ ~ wu tn el~ridm for S ~ and ~d ~ in four (4) counties end four (4) citi~ ~ tt~ N~ v'n-si~ are~ for an additional 10 years D top ofth~ 1~6 ctm f~m thc V'u~i~ Elecuidm Appre~cest~ Schod DEC 1 6 '1997 pg._ ~" _ Environmental Protection La~o~ Chile~ Oc~ber 17, 1~7 Board of County Commlqioncrs Sue Filson 3301 T.rn;Aml Trail Fast Naplcs, FL 34112 Re: Collie~ P~rks s~! I~crc~on Advisor~ Board DcK County CommLuione~: Sinccr~ly, Oingcr l-linchclifl' l~x,k~ Bay HERR 300 Tower Rd. Naples, FL 34113 941.,$17.6:t10 Conserve ~nd A4ofl~e Fk~K~'s Enw~mem ~ N~ DEC 1 6 1997 GINGER HINCHCLII~ . 3581 29THAV~. SWNAPLES, FL 33114 941.417.6310 hi~chcli~lbne.&com Educazion: Cun'~tly 8;mdu~te studcnt Florida Gult'Coast Uzg'~rsity, Iaslructlong Technology 1980 Permsylv~nia Stu¢ Uaiv~rslty BS Psi'ks ~ld Recre~on, Chndoor Education EMPLOY~ RISTORY 1988 - Present Ro~tery Bay Nnttonal Y..stu~trlne R~s~.r~h P,~r~ Naples Flo~ ~e~ of~~ ~on ~i~ ~d ~ t~ ~c ~ cdu~ ~. 1981 - 198! Nation~! Park Service Kenai Fjord ~l', ^~ E~ ~, ~; ~ ~ NS, NC; ~m ~, ~; ~ H~ NS, NC; ~~ NS, ~ I w~ ~m ~d 4 ~ f~ a t~ of 13 ~ u ~ ~, ~~, ~d ~lim. 1980 - 1983 Newfmmd l~rber Marl~ lsstlts~ I:'L K~ I w~ ~mployexi 3 seuo~s u Marine Sclorme ~ AFFn/ATIONS AND RECOGNITION Founding memlm' sad current Board of~, ColLie' Eavitomaeutal Education Comort~ Memb~, GDC/Clxsm~ Sustainable Environing! C,',mmktea Serve on Na~ana~ Estuarirm P, es~ar~l ~ ~/sinm's Strange pI.m~h~g Committee Commitiee member for National R~s~rch Comctl ~vguatloa of Nagonal Sea Grant Program Rookery Bay NERR wu1994 ~ of~'s ~en~l F, dncadon -. ~A_MERIC _AN PROPERTY MANAGEMENT_ 17'24A Santa Barbara Boulevard Condominium Management Naples. FL 34116 Homeowner Management 94 I-353-5131 Condominium Watch 941.353-2369 FAX Accounting Services TO:' - From: Kent Kolegu~ D,t.: Total Pages Including Cover:. DEC 1 6 1997 KENT KOLEGUE CN~c~: (941) 3~3-5131 Fax: (941) 3~3-2369 I'~A A Santa Barbara Blvd. Nap~u, Florida 34116 Rzsidence:. 2339 Woodcrest Dr. I I I ~ II I _ I II I IIII I _ II I .Tune 1993- Amerk:ta Property MH~ement. Owaer of' tho flrn which pro~es mnagtnmit m, riee~ for privat~ properS, codonlntmm uiochtiom nad ~rs Allocation. Responsible for bllUn~ budgeting, collections, correspondence and oversight 04' contractors and cherty ruduct~na proiyan~ October 1991-June 1993 Sprin$ Property MHqns~t Property Maaager for progressive coudomfnium and Homeowner ~ Handle all day to da), actlvftfes; including billing, budgeting, coHectiou~, correspondence and oversight of contractorL October 1982- October 1991 SENTRY MANAGEM~ENT CORPORATION, BOSTON, .MA Fully integrated Boston basecl reel estate derdopment and mauftment eorpora6on wfth Sl00 million ruMentbVeommercial portfolio. ASSET MANAGER: * Menaced both Rnidenthl & Commercttl IfOlm~. The propa6u coubted of office and o~retttl buildinp varyfa[ from (dO0 S.F. tn 3J,0~.. SF. The resMenthl complexes var'led in sin fi'om 2S.I~0 ' D~dopal ud Implemeuted efl'ectiTe/dSc~t progrom to Jnerease occupancy tad tire iWoperty yalu& ' Crea~ detailed hdi, cU & estabtbhed flunchl furls rm' the ,neb property. , Wori~ dosely ~ ~~ ~ to atabihh priori~ Iht of. hnprovemenu needed as well a~ day to day repairs. * Rtviewd ~n o~'alJtrtments and decklod og ueCemlT ~yad~ leeded to incrtnse reuts. EDUCATION * S.S. tn Busbeu Adminb~tion from the Ualve's~ o4' - Real Esute Sales License- State of Florida ' C.4.N,L Lictnse- State of Florida AhLne-1982 DEC 1 6 1997 To: Collier County Parks & Recreation Advisory Board Board of Collier County Commissioners RECEIVED OCT I ? of Count] Comfssfoner~ I have truly enjoyed the last 19 months serving on the Collier Parks and Recreation Advisory Board, and now have a better understanding of the importance of such aboard as a crucial link between the citizen of Collier County and the Board of Commissioners. With the addition ofMarla Ramsey as Parks and Recreation Director, and two new board members, Parks and Recreation Advisory Board is making great strides in its effectiveness to better serve the citizens of Collier County in its recommendations to the Board of Commissioners. It has been with great satisfaction that I have been involved in projects such as the Copeland Playground that was so desperately needed and will have a tremendous impact on the community in the Lee Cypress area. I believe with the experience and knowlege I have accumulated as a board member, I would cominue to be an effective member and serve the citizens of Collier County and the Board of Commissioners. It would be honor to serve another term on PARAB and be apart ofthe Collier County Parks and Recreation system as it continues to grow with Collier County. Thank you for your consideration. Gayle Stm BEC 1 19 7 Gayle Stan 735 98th Ave. N. Naples, Florida 34108 (941) S91-4910 Resume for re-appointment to Collier County Parks and Recreation Advisory Board · 1982 Graduate of Clyde Senior High School, Clyde, Ohio · 1982 Graduate of Vanguard Vocational School, Fremont, Ohio · Resident of Collier County I 1 years. * Employed at TuffPublications 6 years. · Also a free lance computer graphic artist: . Reellmage Film & Vid,:o Production - 3 years - Visitors Television - $ years · 1992 Volunteer Golden Terrace Elementary teaching computer skills. - Served on the Golden Gate Chamber of Commerce Business Promotion Committee 3 years. · Served on Parks & Recreation Advisory Board since April 1995. Have only missed 1 meeting since on the board. · Active in various youth related organizations since arriving in Collier County. · Married / 1 child RECEIVED 0el 17 1~97 ~oard of Count!~ Commissioners Ms. Su~ Filson Collier County 3301 Tamiami Trail Eo Naples, FL 34112 I would lika to inform you that I am see, king another t~'m on tho Parks and Re, cr~tion Advisory Board. I am th~ cu~t ~ ofth~ board argi my curr~t~mis d~ to ~xpireDeo. 31st, 1997. I feel fomm~ tohav~ served on P.A.R.A.B. ovt.l' tho last sev~d y~rs. ~ are many isst~ and projects we a,,z curr~tly disoas/ng that I f~! I can pog~ly influet~.. Please see my att~ resume and feel fr~ to r.x)utact mo with any questions. Timothy M. Blackf'ord 1,1o DEC 1 6 1997 Po. TIMOTHY M. BLACKFORD 27& Madison Dr. N~ples, FL 34110 Home Phone (941) S66-9121 omce l'booe (941) 261..44,- Staff~g Title: Seu~ Business Development Manas~ Dec.1989 *Nov. 1992 Title: Distric Sales Manager Oct. 1987 - Dec. 19139 S.O.S. Ofn~ Systcnu Titlo: Account Exocutiv~ July 1986 - 0ct.191t7 Barnett Bank of NapIes Title: N~v Account Represt~tative Wo,nhington High School - Woo~,,~on. Ohio Married, 2 children, ages 7 and3 Collier C. otmW resident and registered voter since 1985 Served on P.A.R.A.B. since 1991, ctm'ent C'hinnsn ~.~e..~: To m-appoint/appoint 4 members to serve 4 year terms, expiring on December 14, 2001, and appoint 1 member to full'ill the remainder of a vacant term, expiring on December 14, 2000, on the Development Services Advisory Committee. CONSIDERATIONS: The Development Services Advisory Committee had 4 terms expire on December 14, 1997, and 1 vacancy previous held by Mr. Steven W. Vergo. This committee is composed of 15 members and represent the various aspects of the development industry such as architect, general conuactor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, elecuical conlractor, structural engineer, and attorney. The purpose of this committee is to provide repons and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development induslry and the citizens of Collier County. Mcmbers are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following $ inm'ested citizens: R. Bruce Anderson, Attorney 4 yes Charles Morgan Abbott, General Contractor 4 yes Herbert Rosser Savage, Architect 1 yes John C. rrice, Real Estate A~ent I Yes Charles W. Schueddig, Const Eng; Housing Mgmt 3 yes David Correa, Court Clerk 5 Yes Anthony P. Pires, .Ir., Attorney $ Yes Darlene Koontz, secretarial support business; previous Ex Dir of Habitat for Hum_n~ity of CC I Yes COMMITTEE RECOM1HtlNDATION: Reappoinunent: R. Bruce Anderson Charles Morgan Abbott Herbert Rosser Savage New Appointment: Vacant Position: John Grice Darlene Koontz AGENDA ITEM t/o. /~') ,~ BEC 1 6 1997 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Cor~mlssionen consider the recommendation for appointment and appoint 5 members to the Development Services Advisory Committee, and direct the County Attorney to prepare a resolution confuming thc appointments. Prepared By: Sue Filson, Administre~ve Assistant Board of County Commim'oners Agenda Date: December 16,1997 AGE ND~I:T~I DEC 1 6 1997 IFmm: uutem_v 1~4nt: Thursday. December 04, 1997 3:12 PM ITo: Subject: RE: DSAC From: flIKm_t lent: 'rtmrKIW, ~ 04, 1997 3:10 PM To: c~ero..v luNect: RE: DSAC I can just p~t out t~is rnetsage ,nd inc~de it in t~e backup if you want me to. Let me know. And, thanl~. Sue From: cautem_v Sent: Thursday, December 04, 1997 2:39 PM To: fllson_s Subject: RE: DSAC Yes, they recommended Dmteme ~ Do you wamt me to send a mvi~d ~ or this sufficient? From: fll~m_~ ~ Thurlday. ~ 04.1987 1~"00 PM To: c:mJ~O_V Subject: DSAC Hi V~nce, dk:l thay decide yestmdiy which ~ t~ey wanted to recommend for appointment to fulffil the remainder ~lhe vacant tm'm? Sue/BCC AGENDA DEC I 6 1987 pg.'~-~ COMMUNITY DEVELOPMENT AND ENVIRONMENTAL 5~,RVICES DIVISION OFIrlCE OF TI:Ill ADMINISTRATOR DATE: November 19, 1997 TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Vincent A. Cautero, AZCP Administrator SUBJECT: DSAC Appointments On November S, 1997, the Development Services Advisory Committee recommended four citizens be appointed to the Committee for the four slots which will be open as of December 15, 1997. The names of these citlzens are listed below along with thelr general category of expertise. Additionally, those citizens not recommended are listed with their categories. As we discussed last week, ! will ask the Committee to make an additional recommendation on December 3 to fill the slot vacated by Mr. Vergo from the existing pool of applicants. RECOMMENDED FOR APPOINTMENT ..<' R. Bruce Anderson .~. ChaHes Morgan Abbott /. Herbert Rosser Savage 3ohn Grice Attorney General Contractor Architect Real Estate Agent NOT RECOMMENDED FOR APPOINTMENT Charles W. Schueddig David Correa Anthony P. Plres, 3r. Darlene Koontz Construction Engineer, Housing Management Court Clerk Attome/ Owner of secretarial support business; Previously served as Executive Director of Habitat for Humanity of collier County !f you have any questions or comments, please give me a call. NO. / [/~ ~' DEC 1 6 1997 Development Services Advisory Committee Name Dino $. Longo 3080 Orange Grove Trail Naples, FL 34120 DCrtrfct: 5 Categoo~: General Contractor $97-2855 12/19/95 12/14/99 353-3711 4 Yeas Herbert Rosser Savage 816 Eikcam Cir. #10l, P.O. B Marco Island, FL 34146 Dfs~ict: 1 Categoo~: Architect ag4-1S80 12/14/9~ 12/I4/97 394-2918 4 Y~a's Dalas D. Disney 7231 Radio Road, #301 Naples, FL 34104 Dfrt~ict: 3 Catego~: Architect 261-33~ 10/18/94 12/14/~6 455-2300 12/17/~6 12/14/00 2 Years 4 Years $oyceanna "JA" Rautio 10261 Windsor Way Naples, FL 34109 District: 2 Categoo~: Utility Contractor 591-1130 12/19/95 12/14/99 597-8481 4 Years C. Perry Peeples 248 Viking Way Naples, FL 34110 Dtmqct: 2 Catego~: Attorney 597-7088 12/17/96 12/14/00 591-3993 4 Yea:s Kris A. Dane 1300 Dolphin Road Naples, FL ~4102 D/se~: 4 Ca:eXor~: S~ ~ 394-3668 12/14~3 12/14/95 7~1-4541 12/19/95 12/14/99 2 Yea~ 4 Years R. Bmce~ 1670 Cmyton Road Naples, FL 34102 Dim/ct: 4 Cate~or,/: Attotmy 597-2814 12/14/93 12/14/97 6t3-2841 4 Ye~'~ v,/ AGENI DEC 16 1997 Robert L. Duane 4880 6fl~ Avenue, S.W. Naples, FL 34119 D/strl~t: 3 Category: Land Plazmer Steven W. Vcrgo 1850 Watson Road Marco Island, FL 34145 D/so/ct: 1 Category: Residential Contractor Thomas R. Peek 90 East Avenue Naples, FL 34108 District: 2 Category: Professional Engineer Work t~bont Appt'd Exp. Date Term Hon~ l~bont Datel~t. appt 2n~Date 2nd Term 2S24017 10/18/94 12/14/96 2 Years :3S~41~7 12/17/96 12/14/00 4 Years 12/14/93 12/14/96 3 Years 12/17/96 12/14100 4 Years 12/14/93 12/14/96 3 Years 12/17/96 12/14/00 4 Years 12/19/95 12/14/99 4 Yea~s JefFrey A. Nunn~ 3603 Kent Drive Naples, FL 34105 Category: Professional Engineer Clifford B. Barksdale 620 14th Avenue South Naples, FL 34102 Dff. s~Hct: 4 Catelor~: Land Planner/Professional Ctu~rles Morgaa Abbott 1306 2gth Avenue North Naples, FL 34103 District: 4 Cat~ory: Cr~eral Contractor 262-4~7~ 12/14/93 12/14/95 2 Years 12/19/95 12/14/99 4 Years Patrick H. Nealo P.O. Box 149 ~ Island, FL 34146 D~m.i~: 1 Category: At~mey 12/14/93 12/14/97 4 Y~s ,~ ~2-~ 12/14/93 12/14/97 4 Years Development Services Advisory Committee BHan P. Nelson 395? Deep Passage Way NapIe$, FL 34109 District: 3 Category: Landscape Architect/Land Planner Work Phone Appt'd Ex~. Date 7'erin Home Phone DateRe-appt 2ndExpDate 2nd 7'erin 262-2600 12/19/95 12/I4/99 4 Years This 15 member committee was created on 10112/93 by Ord. No. 93-76, amended on 11/07/95 by Ord. No.~5-60 to add additional categories of industry membership representation. This committee represents the various aspects of the development indusb7 such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical conb'actor, ab'ucturel engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the BCC to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. Members are required to file a Form 1 Statement of Financial Interest each year. Terms are 4 years. Sea. ff.* Vince Cautero, Comm. Dev. & E. S. Administrator. 643-8400 Friday, Ftbruar~ 2& 1997 rio. DEC 1 6 1997 DATE: TO: FROM: MEMORANDUM October 20, 1997 Vinell Hills, Elections Office Sue Filson, Administrative Assistan, t-/~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please lct me know if those listed below are registe~d voters in Collier County. Also, please list the commission district in which each applicant resides. DEVELOPMENT SERVICE ADV COMM COMMISSION DISTRICT John Grice 326 Charlemagne Boulevard, I204 //~ Naples, FL 34112 Charles W. Schueddig 154 Gabriel Circle, # 1 Naples, FL 34104-5446 David Correa 11257 Longshore Way West Naples, FL 34119 Anthony P. Pires, .Ir. 209 Madison Drive Naples, FL 34110 Darlene Koontz 4625 Chippendale Drive Naples, FL 34112-5258 Charles Morgan Abbott 1306 28th Avenue, North Naples, FL 34103 Herbert Rosser Savage 816 W. Elkcam Circle, Unit I01 Marco Island, FL 34145 1 6 '199111 DEC DEVELOPMENT SERVICE ADV COIVIM COMMISSION DISTR/CT R. Bruce Anderson 1670 Crayton Road Naples, FL 34102 Thank you for your help. DEC 1 6 1997 DATE: TO: FROM: October 20, 1997 Vince Cautero, Administrator Community Development and Environm~.tal ~ _:ervices Sue Filson, Administrative A~si~n~ Board of County )~.J," ~ ' Commissioners Development Services Advisory Committee As you know, we currently have 4 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: $ohn Grice 326 Charlemagne Boulevard, I204 Naples, FL 34112 Charles W. Schueddig 154 Gabriel Circle, #1 Naples, FL 34104-5446 David Correa 11257 Longshore Way West Naples, FL 34119 Anthony P. Pires, Jr. 209 Madison Drive Naples, FL 34110 Darlene Koontz 4625 Chippendale Drive Naples, FL 34112-5258 Charles Morgan Abbott 1306 28th Avenue, North Naples, FL 34103 Herbert Rosser Savage 816 W. Elkcam Circle, Unit I01 Marco Island, FL 34145 AGENp~ DEC ! 6 P.. /O R. Bruce Anderson 16'/0 Crayton Road Naples, FL 114102 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments DEC 1 6 1997 Administm~ Assimat Board of County Commissioners 3301 Tamiami Tr. E. N&plcs, FL 34112 FAX 774-3602 Jotm Grice 326 C'hHemagnc ~lvd. Z204 Na~lea, FL 34112 Sua, I would like to bt considered for · · .~.-,.,--,- ,. · -. · .,,,,,~,,,~ ~ ,~ r-.~ a~a ~un ,,m, taory ~$otr~. -1~ followm$15 an over v~ew of my lif~'s ~tm.i~ that I f~ ¢aa b~ of benefit to the Botrd ofCom~ Con'ani~on~rs aad The dtiz~a of Collier County. The list trend is from present to pm: ~ Resid~.inl R~tl Estale sgent North~ra Virgnia, full time June to Novembtr 1992 Dev~oped ~d tausht Subrnad~ Sonar compum, systzm opmfion mi ~ ocx:rses for IBM azut th, US Ntvy Developed and taught Personal Computer courz~ for IBM and ~ US 0 0 Xdmi~ercd RFP's ,nd the subsequeat ne~tittion~ for various upects of the ~M/US Govcmmeut co~ Collected data Ind cx~scd various lo$irdcs pro~'azns to calculat~ sptr~ paz~ tbeir cost. their replacement cost. number of spares ~ part life ~xpeetancy and ddh~O' and h~tllation criteria Wrote and te.s~ operation, nuinm,.ancc and r~,ah' p~ for various components of the US Navy's O submarine ao~tr system Started, ran and managed a suc, ceuful photolg'aphy studio (Duti~ full time employment with mM) Served in ail of the oRice positions of& photography club 0 0 0 Obt. akted an Ass0ciate~ degree Lu ~lectronic T~r, tmolo~ fi'om NOVA whilt workin~ full time Wrote Remove and Rep~ pmcedur# for several units of the US NAVY's Submarin~ sonar system Served u a senior fat. iliti~ r~sir tzr.~cian for t~ Manazs~ I~M far. ility with the excel~on ofthe A/C, clean room and gu 0 Provided Repair and scheduled maimenazx:e sa, vicee to the entire substrate manufacturin~ ~ at IBM Mantsaas' Was an electrician for $ y~rs and bald licensea in four (4) counties and four (4) cities in the Northern V'tr$izga area for an additional I 0 years C.¢adusied top of the 1966 ~ ~'om the V'u,$1nis Electrician Apprenticeship School ,~"""""1 C. gE. Sehutdd~ 154 G'~l~rlel Circle. ti I. ,Vm?/~. FT. $4104 Tgi. ,J l:'ex ,¥r: (941) Sue Filson, Administrative Assistant Collier County Board of Commissioners Naples, FL 34112 Fax # 774-3602 17 October 1997 Suble~t: Advisory Board Member Position to County (3<)vemmenf Productivitv Committee OR Development !erViOll~i.~VJlOl~/ Dear Ms. Filson, This letter is submlttod in response to the announcement in the Naples Daily News regarding openings on the following advisory boards: County Government Productivity Committee or, Development Services Advisory Comm~ee I would like to submit my name for a position on either committee. I am a full time resident of Collier County since April 1995. A brief resume is attached for your review. Since I am sending you this fax via my computer modem, I canno{ sign this letter. If you need a signed copy, please let me know and ! will mail you a copy with my signature. Sincerely, Charles W. Schueddig AGENDA NO o~ DEC 1 6 99'? C~ndidata for Advisory Board Member Position on County Government Productivity Committe~ OR D~v~lopm~nt Services Advisory Committee I~me: Address: Education: Charles (Chuck) W. Schuec~ig 154 Gabdel Circle, # 1 (Sapphire Lakes) Naples, FL 34104-5446 (941) 352-O102 14 Januray 1944, St. Louis, MO 1968, Bachelor of Arts Degree in Industrial Arte, Minored in Art Appreciation, San Jo~e State Univa~ity, San Jose, CA 1968, Engineer ~ Basic Course, US Army, Fort Belvoir, VA 1972, Engineer OFf. er Advance Course, US Army, Fort Belvoir, VA 1982, Command & General Staff College, US Army, Fo~t Leavenworth, KS Attended numerous housing management, personnel, executive and resource management courses while working as a US Army civilian employee. Background & Experience: 1975-1994 (19 years) civil service with the US Government as a Housing Management Specialist for the US Army in Franla'urt, Germany. Served in I variety of positions to Include being the Installation/Base Housing Manager for the Franl4urt Military community with responsibility for over 3,500 government owned and leased family housing units, 5,800 bachelor quarters, ii 375 beclspace hotel facility and over 3,000 off-post housing units.. Managed approximately 130 personnel (US military, Army civilian and multi-national work force). Responsible for staff administration, assignment and termination of housing units, policy, facility maintenance and repairs, furnishings, renovation and programming o~ hou~ funds. Worked often in establishing manpower requirements and job de~cripticnl. 1968.1975 (7 and 1/2 years) military service and experience as an Officer in the US Army, corps of Engineers, with assignments in the U.S., Vietnam and Germany. Served in a variety of leadership and managerial positior~ to include comber and col'~tn.~lon engineerlng, supply and logistic management, training and education, opemtiom and perlonnel management at various levels of command (company, battalio~ and bi'igade). Managed approximately 125 military (ofrx~r and Proi~slonal Organizations: Professional Housing Management Association, and currently Director. Games Club at Sapphire Lakes Condominium Association. Inc. Hobbles: Swimming, tennis, scupa diving, travelling, woodwoddr~ cooking AGEN~./~ DEC 1 6 1997 Pg. Personal I~efarenoes: John L. Booth (Colonel, retired, US Army) 56 Hope Road Tinton Falls, NJ 07724 (90S) 34S-1134 Richard V. Corniso (Ueutenant Colonel, retired, US Army) 9382 Saddlernount Court Springfield, VA 22153 (703) 455-2632 William Kent Eldridge (TN Dept of Safety) 227 Craighead Ave. Nashville, TN 37205 (615) 383-1819 Kenneth D. Krier (Attorney) c/o Cummings & Lockwood 3001 Tarniami Trail North Naples, FL 34103 (941) 262-8311 Kirn Pascall (District Manager) c/o H & R Block Tax Services 2318 Pine Ridge Road Naples, FL 34109 (941) 435-0167 David Correa 11257 Longshore Way West Naples, Florida 34119 Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Sue Filson, I am applying for the position of Development Services Advisory Committee or the Citizens Advisory Task Force. Enclosed is my resume. I believe my background in Court Administrative will be an asset to the board. I have previously served on the Juvenile Please feel Justice Advisory Board of New York State. free to contact me for further information. David Correa DEC 1 6 1997 EDUCATION: WORK EXPERW-NCE: January, 1990- Present DAVID CORREA New York Institute of Technology Bachelor of Science - Behavioral Science Major - Criminal Justice - June, 1980 Numerous Courses in Public Administration at lohn Jay Collie of Criminal Justice. New York State Supreme Court, Principal Court Clerk. Former Supervisor of the Calendar Department. Responsible for the caseflow management and the transfer ofcases throu~out Kings Supreme Court. Plan and coordinate work schedules; Monitoring of trial term pans; Evaluate personnel perform~ce; Review statistical repons; Prepare written memoranda and reports to the Administrative Judge and Court Administrators; March, 1982- January, 1990 New York State Supreme Court, ~te Court Clerk. I supervised a staffof Senlor court Clerks in the following specialized courts; Arrs~t, Calendaring and Special Terms. The position requL-es a compreh~ knowledge of statutes, rules and adminlst~five orders relating to the functional area off.merit. ~o the ~bility to make October, 1981 - March, 1982 New York City Criminal Court. Clerk-in-Charge. Assigned to multipart courts supervising a staffofPan Clerks and other clerical perseand, reviewing complex motions and orders and supendsin8 the security stiff ofCoun Officer~ and Pm Captains. ~GEn DEC 16 Pg. March, 1979- O~ober, 1951 April, 1974- March, 1979 New York State Supreme Court, Associate Court Clerk. Assigned to the Administrative Office supervising Senior Court Clerks, developing and implementing work methods and procedures, also the assignment of staff needs to complete the job requirements. New York State Supreme Court. Senior Court Clerk as a Trial Term Clerk. Assigned to the Special Extraordinary Term ,on a fullotime basis, dealing with specific cases involving corruption in the Criminal Justice System. The duties a~d responsibilities of the Senior Court Clerks the reviewing documents for completeness and appropriate form, and supervising court personnel who are engaged in processing court calendars, documents and motions for proper conformance with the law and court Procedures. I corresponded with Federal agencies regarding aliens who were arrested on numerous charges by the State or City authorities. April, 1972 April, 1974 New York State Supreme Court, Senior Court Officer. As a Peace Officer ofNew Yot,c State I was required to have complete knowledge of the Penal Law and Criminal Procedure Law. I completed a total of eighty hours of classes in the use of firearms. January, 1970- April, 1972 WORK ACTIVITY: New York City Criminal Court, Uniform Court Officer. Entry into court system. I attended the Court Officers Academy. Elected delegate to the Court Clerks Union. Former President of the Hispax~ic Society Court Employees. Former President of the Catholic Court Employees Guild. COMMUNITY ACTIVITY: I ~ active in civic and neighborhood associations. Appointed to the Selective Service Board. Recipient ofthe ten year service award. Participated in high volume voter registration. Board Member of the Juvenile lustice Advisory Board appointed by Governor Maxio Cuomo. Mediator for the Staten Island Dispute Resolution Center. Arbitrator for the Better Business Bureau of Metropolir, York. AGEND6,~ITF~ DEC 1 6 1997' Pg. ATTOItN~Y~.AT-LAW MAP. K J. WOODWARD ~ V. BLOUNT RU{~ M. L~A JOH~ A. GAINEI OF COUNSEL October 14, 1997 Board of County Commissioners Attention: Sue Filson 3301 Tamiami Trail East Administration Building Naples, Florida 34112 Re: Development Services Advisory Committee Dear Ms. Filson: Enclosed please find my resume for consideration by the Board of County Commissioners for a vacant position on the above- referenced committee. if you have any questions, or require any additional information, please do not hesitate to contact me. APP:slw Enclosure as noted. Sincerely, WOODWARD,~ARDO,. P.A. Anth~~ ;~i~, Jr. PLEASE RESPOI~ TO: NAPL~ BALD EAGLE DR., SUITE SOO, P.O. BOX I, MARCO ISLARD, FLORIDA ,14144 O41) 394-51~1 FAX (941) PF. IJCAN BAY 101 LAUREL OAK Dlt, SUFr[ 6M, ~ FLORIDA 34166 (MI) S~,-R3I FAX (941) ANTHONY P. PIRES, 209 Madison Drive Naples, Florida 34110 (941) Institugio~ Dates High School Aquinas Institute Rochester, N.Y. 1964-1968 College Prep Diploma, 1968 College SUNY at Buffalo, New York 1968-1972 History BOA., 1972 Graduate Florida State 1972-1975 Law University College of Law Tallahaseee, Florida JoU. 1975 Shareholder, Woodward, Pires & Lombard., P.A., 801 Laurel Oak Drive, Suite 640, Naples, Florida, (Pelican Bay) with the firm from November, 1986 to present, practicing primarily in the field of land use, land development, governmental practice and general real estate with some litigation practice. Contracts Administrator, of Naples, Inc., Naples, to November, 1986. Westinghouse Co~unities Florida, September, 1983 Assistant County Attorney, Collier County Board of County Commissioners, Naples, Florida, April, 1979 to June, 1981. Assistant State Attorney, Office of the State Attorney, Twentieth Judicial Circuit, Naples, Florida, September, 1975 to April, 1979 and June, 1981 to August, 1983. PROFESSIONAL ORGANIZATIONS= The Florida Bar; 1975 to present Collier County Bar Association American Bar Aseociattonl 1975-1981 American Association of Trial Lawyers; 1977-1979 DEC ! 6 1997 COURTS IN W~ICH AUTHORIZED TO PRACTICE LAW~ All courts of the State of Florida~ since October, 1975. Middle District, State of Florida, Federal Court~ since July, 1977. pERSONAL DATA: Date o£ Birth~ 7/25[50 Martial Status~ Married Children: One (1) son, 23 years old COMMUNITY ACTIVITIES= Member, Pelican Bay SerViCeS Division MSTU/BU Advisory Board (1993 to present). Past Member, Collier County Planning Commission Citizens Advisory Committee/Collier County Growth Management Plan, 7-Year Evaluation and Appraisal Repor~ (1995-1996). Member Naples North Rotary Club, 1985 to present (President 1992-1993). Past Member, Collier County Environmental Policy Technical Advisory Board (1991 to 1993). Past Member, County Planning Commission Citizens Advisory Committee on Collier County Growth Management Plan (1987- 1988). Past Member, Naples Area Chamber of co~erce Transportation Committee. Past Member, Envirormental Review Task Force, Naples Area Chamber of Commerce, 1990-1991. AGENp& Z~EM DEC ! 6 1991 500? Tamiami Trail East Naples. Florida 341A3 VILLAGE FALLS EXECUTIVE SERVICES %1: (941) ~4-5912 Fax: (941) 774-5081 October 10, 1997 Sue Filson, Administrative Assistant BOARD OF COUNTY COMMISSIONERS 3301 Tamiami Trail East Naples, FL 34112 RE: Advisory Board Openings In response to the article in October 9, 1997, Naples Daily News, I would like to considered for a position on one of the following: Citizens Advisory Task Force,~. , -Ccvc;~,;-,;~,,;. 7~,:,,.;~,,..;;;';,~'; C~-..m!.'tcc or Development Services Advisory Committee!~)C.~ or ~ I have enclosed my resume for your review. Please contact me should you need further information. Thank you for your consideration. Sincerely, Darlene Koontz 4625 Chippendale Drive, Naples, Florida 34112-5258 EMPLOYMENT 941/774-0620 941/774-5081 (fax) 1996 - Owner - Village Falls Executive Services Providing secretarial support to professionals, businesses and individuals in Naples, Flodda. 1993-1996 Immokalee Habitat for Humanity, Inc. Executive Director Responsible for day to day operation of the Habitat for Humanity program in Collier County, Flodda, including overall SUl. l~rvi.sion of t?o. construction sites.. Supervisi. o.n of. both paid and volunteer staff. Worked with Boar~ of Directors in long range pmnning ano acquisition. Service escrow accounts for 100+ homes under mortgage agreements. Prepare all lease agreements, deeds and mortgages for properties conveyed. O~anize all special events. Public aDpearancas to promote support of Habitat program. ResponsIble for receipt, recording and deposit of all donations; payment of invoices; maintenance of accounting reco.~.s to submitted to bookkeeper;, collection of delinquent mortgage accounts, including woming with attot'~',ey in evi~on or foreclosure actions, as i~cessary. Compile, edit and i:~blish quarterly newsletter and annual report. 1993 Society National Trust Company Trust Associate - Administrative Assistant to Trust Officers. Responsibilities included assisting Trust Officers in esmblisl~ing accounts; handling routine, administr.a, tive. proble.ms.; rep .resenting. the Bank in account relationships with customers; new I~usiness aevelopment; c~erical support to officers; tracking accounts for periodic scheduled r_evie? by Trust Adminis.trative..Commi~e.e. Resigned this position to accept offer as Executive Director of Habitat for Muman~ty, a not rot profit organization in which I had been active as a volunteer. 1989- 1993 Fifth Third Trust Company Trust Associate. 1988 - 1989 Stanley S. Phillips, Attorney at Law Legal secretary, 1985-1988 Miilonig, Bart and Brunner, LPA Secretary and administrative assistant to managing partner. Responsibilities included administration of employee benefits and supervision of support staff ~n addition to normal secretarial duties. 1983 - 1985 Citizens Federal Savings and Loan Association Trust Administrator 1976 - 19P.3 Eartey and Th~n'~as, ~'~tto~ey~, at Law Legal secretary Graduate Monroe High School, West Manchester, Ohio. Business courses. Attended Sinclair Community college, Dayton, Ohio; Edison Community College, Naples; International College of Naples and Florida Trust School. COMMUNITY INVOLVEMENT Elected two terms City Council, Eaton, Ohio. Former member Miami Valley, Ohio, Regional Planning Commission. Former President, Women's Republican Club of Preble County, Ohio. Former member, Board of Directors, Immok~lee Habitat fo~' Humanity, Inc., and East Naples Civ. ic .A. sso. ciafio, n:, S .erve...d a.s _me. mbe.[rla~.d vice chairman of Collier County Parks and Recreation Advisory ~oaro. Member o~ r~aples P..ast ~otary u u . References on request. AGEI~..~ ~.~H DE:C 1 6 1997 8 October 1997 C~ 016719 ~MODEL~G CO~~ORS CUSTOM B~DE~ 13~ 28~ Ave. North Napl~. ~ ~ 103 (941) ~9~565, F~: (941) ~9-7825 Ms. Sue Filson, Board of County. Commissioners 3301 Tamiami Trail East Naples. FL 34112 RE: Development Services Advisory Committee Dear Ms. Filson, I wish to be considered for reappointment to the DSAC for another term. I have represented one of the contractor positions on that committee and I like to feel that I have helped accomplish a number of issues. I have enclosed a copy of my updated resume for the Board's consideration. Thank you for your attention to this issue. Charles Morgan Abbott C:~MyFiles\WPDOC S3S, fi] son i .WPD AGENp.~. Z~1.1~ H No o._~.~_~ DEC ! 6 '1997 Resume of': CHARLES MORGAN ABBOTT 1306 28th Ave. Nonh Naples, Florida 34103 (94 i) 649-4286, FAX:(941 ) 649-7825 EDUCATION BA Emory University., Atlanta., Georgia 1971, Master of Business Administration program in Real Estate, University of Florida, all course work completed, 1974. Major in Real Estate Appraisal principals & practices. Continuing education in professional subjects, such as FP&L's Energy Audit Semimu~1986, 1988, 1989, 1990, 1992, 1994, 1996. Florida Solar Center's "Low Energy Building Design in Warm, Humid Climates", Consmaction Management and government regulation seminars. Computer literate in MS-Dos(IBM) based systems for construction, real estate and bus/ness applications. Real Estate and construct/on seminars and licensing programs every year. CCIM(Commercial Investment Real Estate Institme) candidate. LICENSES State of Florida: Licensed Real Estate Broker, State Certified General Contractors License(CG C016719). U.S. Coast Guard Mas~er's License(500 ton) PERSONAL Bom: i 6 November 1950, Atlanta GA Height: 6'1", weight: 192 lbs. Clubs: Naples North Rottay Club EMPLOYMENT June 1987 - Present Construct/on related act/rjr/es in commercial and rcsident/al remodeling w/th some large custom homes. Construction and computer consulting for legal and construct/on firms. Appointed a member oftbe Collier County Vocational-Technical School's "Ofli~ Sldlls(Computer) Advisory Committee." Construction appraisals performed for U.S. Fish & Wildlife Sew/ce for the establishment of the Florida Panther Preserve in northeast Collier County.. C~on value consulting for Real Estate Appraisers in various right of way acquisitions. Comulting on values and standards of construction for mort~ lenders, engineering firms and a~tomeys. Al:~x)inted by the Collier County Commission as the 4 year General Contractor member of the Development Services Advisory Committee. Leasing agent for Naples South Shopping Plaza bom I988 to 1996. Completed all course work in the CClM program. DEC 1 6 1997 July t980-1989 OxY=ed and operated a small general contracting firm. Operations were directed to Federal projects in Collier, Dade, and Monroe Counties. Contractor with ABBOTT INC., a foundation pile driving firm in Naples. Qualifier and chief estimator, responsible for operations. Continuing work at Edison Community. College as a substitute instructor in Real Estate classes. Served as an expert wimess on construction values(1987-1990) with the establishment of' 1-75 in Collier County for Knight Appraisal of Tampa, Florida. Contractor with the Federal Government. Dec. 1981-Jan. 1983 Construction Manager for Avatar Properties, Inc. In charge of all administrative and construction facets of the major developer in Golden Gate Subdivision, Collier County, Florida. Primary. respons~ility was for the consm~ion and sale ot'the 32 unit COURTYARDS OF GOLDEN GATE Condominium and a number of single and multifamily units in the surrounding area. Dudes involved estimating cons~uctiort, financial planning for Golden Crate operations for the parent company, completion of all construction projects and obligations for Avatar Properties, sales of inventory homes'units, and administration and enforcement of deed restrictions for Golden Gate and Golden Gate Estates Subdivisions. Oct. 1979-Dec. 198I Construction superintendent and Real Estate Broker. Obtained State of Florida Certified General Contractor's license in Sune 1980. Instructor in Real Estate courses at Edison Community College, a division of the Florida University System. Jan. 1979-Oct. 1979 Construction superintendent with Rutenberg Homes, Inc.(U.S. Home). Duties involved budget analysis, cost control, subcontractor procurement, and scheduling for high quality single and multifamily construction. 1975-1979 National Park Service, Big Cypress &: Everglades National Park, Florida. Real Estate Appraiser with appraisals of parcels for Federal purchase in Collier, Monroe, and Dale Counties. Qualified as an expert witness in real estate values/appraisal in Federal Cou.n for the Southern District of Florida. Officer in the Federal anti-smuggling program in South Florida and the Caribbean. 1974-1975 Office of the Auditor General, State of Florida. Real Estate Appraiser with appraisals of all property. categories. Involved in investigations of local politicians, officials, and offices and their practices around the State of Florida. C.~ Fde~ESL,'MES~q5100997. l~ednsday 8 October 1997 Board of Collier County Commissioners 3301 East Tamlaml Trail Naples, Florlda 3q112 Dear Commissioners: For the past four years, It has been a rewarding experience for me to serve on the Development Services Advisory Board, both as a member and as a vice chair and ! thank you for that opportunity to be of service, If you favor a second term for an archltect/envlronmenallst for our Quality of life, then ! will be interested to serve, The ecology has to do with everything about us and ! am very interested In helping you to encourage attending to it, Enclosed is a copy of an updated resume of my career and activities It hasnt changed much In the last four years, but I have been active In local matters both on the advisory board and other items involving our Quality of life In SW Florida, rtunl t//~, o1~ Thank you for the oppo o serve C County, Hej'bert Rosser Savage,~'IA' F! Architect #1654, encl: · · IVlorcolslom:f. FL3&l&5,(g&l)'39d-~80 AGEndA ~EIq NC> ·/_~. _~~ DEC 1 6 1997 UPDATED RESUP E DATE October 1997 Herbert Rosser Savage, Sr.. A.I.A. Architect laitdeace DD/t t101 marco Island, FI. ~.~.8X6 V. ~:lkcl~Cit, Jhzco 3414~ mai I Address: marco Island, FI. -.;;..-~'~' Office IA & B2 Previous 8uslness Affiliations: · Vice President- Architecture Principal, Vensel- Savage Architects, Engineers & Planners for 0eltona Corporation, Hiami, Fl. 'Vice President- Architect & Principal, Vensel-Savage, Architects, Engrs. 1~$~-I~2 for General Development Corp. 'miami, Fla. Vice President-Architect & Principal, Herbert Rosser Savage & Associates 1962-1~6q Architects, Engineers for General 0evelopment Corp. Hiaml, Fla. ~rincipal, Severud, Savage & Assoclate~ Architects, ~;am;, Fla. · .;..:, ~uslness AFFiliations Professional Affiliatlons: Coral Reef Yacht Club Fla. So. Chapt. A.I.A. Fla. Assoc. of A.I.A. Rotary Club of Coconut Grove ~ ~liami Junior Chamber of Commerce Urban Renewal Agency, Dade County 12th Congressional 0ist of Fla. Development Com'n;ssion Board of 0erectors A.I.A. Office: Past Contnodore Past President Past President Past President Past President Former Commissioner Faf/ne r Commissioner Past Hembe r Civic, Social Affiliations: Reserve Officers Assoc. of U.S. Fla. Oept. of ROA, U.S. Chapter I002k, R0A Army, Navy Club Armed Forces League University Club Harco Island Chamber of Coe~erce Pierce island Chapt. 10027 ROA CoiLl. tsz County Dev. Serv/cee Adv. Bd hrco ~oard of &Bec. Cancer Society Cbptt ~Oi t27 Past National Councilman Past President Past President Past President Past President Exec. Vice President Past President Past President ~ut Vice ChAir coB. chair. 'g7/g8 Chaprec Seccetax'y.'97/98 DEC 1 6 1997 Personal Data: Birthdate: Spouse: Children: Residence: Education: College, January 6, 1919, Miami, Fla. Emily Carlson Savage Charlene Savage Butler, Sharon Savage Stewart, Herbert Rosser Savage, Jr. 816 V. E3.1~.a~., ~z¢o 34145 University of Florida, University of Illinois, 19~o-19ql BS Architecture Milltary Branch: U.S. Army 19~1=19~6, Rank: Private to 1'4jor, CEUS Present Affillation: Retired Colonel, USAR Corps of Engineers Scope of Experience: As an Officer in the Corps of Engineers, he was active in buildlng roads, bridges, camps, staging areas, depots, mlne laylng and removing as ~e11 as demolltlon of explosives. As a~ Architect, both in ~:)rk for General Development Corporation and De ltona Corporation, ke planned the complete traffic and land use plans, 15,000 acre conxnunlties, 35,000 acre and 96,000 acre Con~nunlties in Florida. Namely, they are /~arco Island, Citrus Springs, Oeltona, Spring Hill, Port Charlotte, P~rt St. Lucia, Port Malabar and others, totalllng perhaps 18 In number. We planned and built the Marco Island Airport, the I~arco Beach Hotel and Villas (500 rooms & Convenience Facility) Iiov the )(-retort EotL1.. Gulfvle~ Apartments (21 story Bldg.) Admiralty Apartments (16 story bldg.) 0eltona Office Bldg. (6 story 81dg) Shopping Centers In each con~nunlty developed. Schools, Hospital. Kedical building. 10,O00s of residential buildings. The value of the above ~ork in both buildings and land use, korking with our Civil, utillty, Structural Engineers of Florida, Land Surveyors, Landscape Architects, Interior Designers, Cost Analyslsts, Construction /~anagers approaches over a billion dollars. Professlonal Registrations: III inols 1948 Florida 19~9 Texas 19~9 North Caroli~ lgT& l~)Oated arch.tracer'~ ~to;~ectel 1978 to ~~ ~t ~ ~~. (28 ~te) ~rco h~ ~ Bldg. V~ ~ ~e ~~u (20 ~er ~sbr hiD ~, ~les ~es~ ~t~ ~t~ ~ ~t~ bsMent~ ~ ~h P~ ~ ~~ (53 /3329 (ZnacttTe) 1165~ It27~ (Inactive) 12~7 Yom~o, vJ~ ASSENDERP ~ VARNADOE, P.A. ATTONNL~S AT LAW ~[~.v TO: Naples October 6, 1997 Z2S So~J?N ACk,iS SYNCOT. S~,~ 200 ~SV Oretc[ ~ *833 T~LANASI~L ~LO~ 32302-,833 I~ LAu*C~ ~ D~L Su,T[ 300 ~v ~l b ~O? TKL~KN (~l) SO?-J060 Ms. Sue Filson Administrative AssioCanC BOARD OF COUNTY COMMISSIONERS OFFICE COLLIER COUNTY GOVERRMENT CENTER 3301 E. Tamiami Trail, 3rd Floor Naples, Florida 34112 RE: Development Services Advisory Committee Dear Ms. Filson: Thank you for your letter of October 1, 1997 notifying me of the expiration of my term as a member of the above referenced Committee. Please accept this letter and the enclosed resume as an application for reappointment to the Committee. Should you have any questions, please do hOC hesitate Co contact me. Thank you. Sincerely, R. Bruce Anderson RBA/cJw Enclosure/ as stated I°rbl\ flllOn. ~ OF R. BRUCE ANDERSON Office: Home: 801 Laurel Oak Drive Suit~ 300 Naples, Florida 34108 Telephone: (941) 597-2814 Fax: (941) 1670 Crayton Road Naples. Florida 34102 (941) 643-2841 I~ROFESSIONAL EXPERW. NCE Parmer, Young, van Assenderp & Varmdoe, P.A., Naples and Tallahassee, Florida, May 1988 throu/h present. Concentration on govemment~ law with emphuis on land use planning and zoning and public utilities regulation. Adjunct Professor, Edison Community College, Legal Assisting Program, Naples, Florida, August 1994 through December 1996. Assistant County Attorney, Board of County Commissioners, Collier County, Naples, Florida, September, 1982, through April, 1988. ~ County in litigation in Circuit and Appellate Courts and before the Florida Public Service Commission on various issues including la~ use planning and zoning, public utilities regulation, zntitmst, and civil rights. Registered lobbyist for Collier County with the Florida Legislature. Other responsibilities included: drafting and review of special legislative acts, ordinances, contracts and other legal documents; negotiating with other public agencies, citizen groups ~d developers; serving as in-house counsel to all agencies and departments of county government and when requested, providing legal advice to Clerk of Courts, Tax Collector, Pwpeny Appraiser taxi Supervisor of Elections. Promoted to positions of Utilities Coun~l in 198~ taxi to Chief Assistant County Atwrney in 1985. Assochte, DePew, Grimes, Cbesley & W'flson, Attorneys at Law, Bloomin/ton, Illinois, September 1981, flu-ough September, 19~. ~ practice hw f'um where responsibilities included operation of satellite office, r~ ~te, probate, banking, family hw, criminal hw, local government hw, personal injury suits and ~.neral civil litigation. Intern, Civil Legal Aid Clinic, Gulfcoast ~ Services, Clearwater, Florida, August through December, 1980. LaW school internship lm:~mn wher~ respom~ included supervised repn.-~.mtation of low income persons on civil tmtt~ such ss hndlord and Im~nt dispute~, sm~ claims, domestic violence and discfimi~tion. informal Attorney General opinions to state and local offkers and agencies and limitations on governmental actions and procedures under state and fede~ Law Clerk, Opinions Division, Illinois Anomey ~'s Office, Springfield, Illinois, lune through August, 1980. Paspom~ilifies included resem~ and preparation of formal and ! laws_ D£C 1 6 1997 Intern, State of Illinois' Federal Liaison Office, Washington, D.C., lure through August, 1977. Washington Center for Learning Alternatives internship program where responsibilities included monitoring of congressional hearings, research ami analysis of pending legislation and its effect on state and local government programs, and lirrdted lobbying activities. PROFESSIONAL AFFILIATIONS Admiued to practice in Florida and Illinois; Editorial Advisory Committee, "Local Government Law Symposium', law review published auuually by the Local Government Law Section of The Florida Bar and Stetson University College of Law (1986-1994); Local Government, Environmental and Land Use Law Sections of The Florida Bar; State ~ Local Government Law Section of the American Bar Assochtion; Who's Who in American Law; Collier County Bar Association; Chairman, Committee on Municipall¥-~ Utilities, National Institute of Municipal Law Officers (1984-85, 1985-86'). Stetson University College of Law, luffs Doctor (198I); IHinois State University, Bachelor of Science, Political Science (1977). ACADEMIC DISTINCTIONS Excellence in Advocacy Medal, American College of THai Lawyers (1981); Student Editor, NON-PROFIT CORPORATIONS IN FLORIDA, published by The Florida Bar (1981); National Finalist, National Moot Court Competition, sponsored by Young Lawyers Section of the New York City Bar Association (1981); Faculty Research Assistant, Teaching Assistant, Stetson University College of Law (1981); Honors Pro/ram Scholarship, Illinois State University (1977); Washington Crossing Foundation Scholarship, Washington Crossing, Pennsylvania (1974). COI~'H'UN1TY ACTIVITIEg Collier County Development Services Advisory Committee (1993 - present), Vice Chairman (1997); Leadership Collier, Class of 1995; City-County Beach Renourishment and Maintenance Committee (1993 - 1997), Vice-Chairman (1996-1997); Collier County Land Development Code Committee (1990-91); Naples Ar~ Chamber of Commerce, Trnn~x)rtation Committee Chairman (1990-91), Government Overview Committee, Vice ~ (1989-90); Collier County Republican Executive Comm{ttee, Treasurer (1986-88); Tiger Bay Club; East Naples United Methodist Church, Chairman, Pastor-Parish Relations Committee, Administrative Board (1987- 89); Third Street South Area Association, Board of Directors (1989); Collier County United Way, Attorney's Coordinator (1989). DEC ! 6 1997 ~nl~.,.~: To sppoint 1 member to fulfill th~ reminder ora vacant term, expiring on June 2~, 2001, on the Hisp~¢ Affairs Advisory Board CONSIDERATIONS: This 9 member board identifies and evaluates l~oblems unique to the Hispanic Community, reviews and recommends ways to enst~e open ~ommunicatioa ~ the miaorities and Collier County Goverament sad provides periodic r~ports to tl~ Bo~! of County Commissioners. Terms m~ 4 yeah. A list of thc cunt-hr membership is included in the backup. 'I'ne Hispanic Affs~rs Advlso~ Co,~,~-e currau~ has 2 A press release wes issued and r~surnes w~re rcceived from the following interested citizen: Kate L. Warner 1 yes COMMITTEE RECOMMENDATION: No recommendation was made at their Octo~ 30, 1997 meeting, indicating that in the futm~ they would l~e to intervie~.v the candidates. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE ]~ECOMMENDATION: That the Board of County Corn_ m~-~ioners consider the recommendation for appointment and appoint I member to the Hispanic Affairs Advisory Board, and direct the County Attorney to ~ a r~olution confu'ming the appointments. Prepared By: Sue FilS°n, Administrative Assistant Board of County Commissioners Agenda Date: December 16, 1997 DEC 1 6 1997 Pg., / TO: FROM: DATE: RE: MEMORANDUM Sue Filson, A .d~n/nis~tive Assistant BCC ~Chief Assistant County Attorney Liaison to the Hispanic Affairs Advisory Board November 26, 1997 Application for HAAB Membenhlp of Kate I,. Warner This is to inform you that at the October 30, 1997 me~ing the HAA decided to postpone a decision r~garding the above m~tioned sppHcation ~nd to attempt to coordinate an interview for this applicant. Unfortunately, schedulin~ difficulties did not allow for the HAAB to intmview the applicant prior to the expiration of the period ~'bed by ordinance. Consequently, this is to request that you proceed with the usual appointment process in this matter without recommendation from the HAAB. In order to avoid the situation from repeating in the future, the HAAB Ja~ directed that I, as liaison, routinely schedule these applicants for interview on the HAAB agenda as soon the information about the applicant is transmitted to me by your office. This should serve to avoid any scheduling conflicts within the forty one (41) day period prescn'bed by ordinance. Thank you for your attention to this memorandum. David C. Weigcl, Esq. HAAB Members AG£ND~ ~EH NO. /~_ DEC I 6 1997 Hispanic Affairs Advisory Board $orge Chemas 354 Osp~_~ s Landing, #2206 Naples, FI.. 34104 D~sw~ct: 3 Category: VACANT VACANT ,FL Category: Dora S. Vidaurd 611 Nassau Street Apt. #3 Inxmokalee, FL 34142 D~ct: 5 C~gory: Pete Cad=, Sr. 1903 Leed Avenue Immokalc=, FL 34142 D~: 5 C~egor~: Eva I~lashmet 4521 Fifkh Avenue, N.W. Naples, FL 34102 D~' 3 David Corr~a 11257 Longshore Way West Naples, FL 34119 D/sw/d.' 5 ~rU~orj,: Frank. O. Loncy 131 Tzlgti Strict Napl~s, FL 34113 District: 1 ¢~qor~: Work Phone ,4ppt'd ~ Date Term Hom~ Phone Dattlte-oppt2mlE:q,Date 2nd Term 08/26/97 06/25/01 4 Years 01/10/95 06/25~7 658-2062 08/05/97 0~5/01 657-1763 08/05/97 06/25/01 06/25/98 O6/O6/95 0~/01/95 0(d25/99 4Ye~s 4 Years 3 Yem*s 3 Yem's 4 Yem*s AGENDI DEC 1 6 '1997 VACA~NT VACAsNT Napl~, FI. D/str/ct: Category: £rank Floren¢io Rodtigu~ P.O. Box 990244 Naples, FL 34101 Dtm~ct: 3 Category: Hispanic Affairs Advisory Board l~ont diV/'4 ~ ~ Tom Phone DtaeRe.appt 2mfE~Dat~ 2nd Term 04116/96 IX~5/99 4 Y~u~ 0~/01/95 06~5/99 4 Yea~s 434-1975 This 9 member committee was created by Ord. No. 91-37, emended by Ord. No. 91-78) to identify and ivalulte problems unique to the Hispanic community, revte~ and recommend way~ to ensure open communication between minodtise and Collier County government and provide periodic mporta to ~e Board of County Comm~icnem. Terrr~ are 4 y.ar~. Staff.' Ramiro Manalich, Assistant County Attorney:. 774-8400 DATE: TO: FROM: MEMORANDUM Octob~' 20, 1997 Vinell Hills, Elections Office Sue Filson, Administrative Assistant/~. Board of County Commissioners qCr ~ ~. ~97 Voter Registration - Advisory Board Al~:~ointnmm Thc Board of County Commissioners wiU soon consider the following individuals for appointment to one of the county's advisory commltte~s. Please let me know ii'those listed below are r~gistered voters in Collier County. Also, please list the commission district in which each applicant resides. HISPANIC AFFAIRS ADVISORY BOARD COMMISSION DISTRICT Kate L. Warner 5564 Wilmar Lane Naples, FL 34112 Thank you for your help. DEC 1 6 199'/ M EM,ORAN DU M DATE: TO: FROM: October 20, 1997 Ramiro Mafialich, Chief Assistant Co _unly Attorney Sue Filson, Administrative ' Board of County Comxmmoneza Hispanic Affairs Advisory Board As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizcns interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Kate L. Warner 5564 Wilmar Lane Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of thc advisory committee within the 41 day time.frame, and I will prepare an executive sununaxy for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments }EC 1 $1997 Km L. Warner Ntples, Ft. 34112 (941) 775-1523 warm:r~msu.acascnova.edu August 1~. 199'/ Ms. Sue Filson, AdminisuMivm Assist~ 3301 US 41 East Nq~s FL 34112 In ....... -~_ o:~.:. ,~c.~..~d~ conuntlmee. I have been a Collicr I a.m most · vern andH c · · have a Ion standing Intreat tn cultural di ty ,no ~mcan Amcnc,~ =,-~. - ~ -.~-.-_ ..... . _ _U~ ~_~n, -~. ~:--..~..,~.. ,..~ ,,x~,, ....~- .......... . ' - ' ' which work an~l lxve. which their f~nily life ~s bmlt and the larger ~muntty within · ' ' SttJ~eOt Doily to ~v~ ~lv u.~, ~ .... -~ mmum . Teaching a multi-cuttum~ . co .ty .... ~- ---- -~-"--~-~ and rewxrdin{ aspc~ of my teachin~ career. diversity ms 0c~n onc ox u~ mv~ .~.~ I would value tho oppormniUy to ~vm some ~ime ~nd ener~ to fostn~{ Hispanic relations in ~e Collier County trea. My vitae h enclosed. Please feel free to ~ivc me a call if you Mvo questiem about any aspcct Sincerely, Karo L. Warns, M.S., Ph.D. Candid2 AGENI NO..~ DEC 1 6 1997 Dgo 7 -- Warner, M.S., Ih. D. Candidat~ 5564 Wtlm~ Lane Naples, Fl. :~4112 (941) T/5-1523 email: warm:rOnsu.acast, nova.edu EDUCATION ABD, Ph.D. Marriage and Fsmily Thef'apy Projected compl~on ~: ~~ 1~ Nova ~u~~ U~v~, ~t. ~d~e, FI~ Maj~ Field: M~ge ~ F~m~ly ~py A ~a~ve Sm~ of ~ ~~ of Fnmi~i~ ~d ~i~ ~volv~ in a Na~y ~~on ~ 1992 M.S. Marriage and Fsm!ty Therapy Nova Southeastur~ University, Ft. Lauderdale, Florida 1985 B.S. Major Field: Sociology Kalamazoo College, Kalamazoo, Michig~ SPECIALIZED TRAINING 1996 Amo-ican Association of Marriage and Family Th~apy Approved Sup~sor Application pending, projected approval Sept:tuber 1997 1996 Florida Supreme Court Certified Family Mediator Application pending, projected at:~'oval Selxember 1997 HONORARY AWARDS 1996 Recipient of the Dogs B~ot~ield Harold Memorial Bursary. In recognition of FAMFT presentation, Non. Hole/it Redrtance w the Persistence of l~olence. Aws~led ~ fanf~ therapy ~aduate students who demonsa'at~ a commitmeat to scholarship through professional conference PROFESSIONAL M~JdBBRSHXPS American Assoc~tion for Marria~ and Family ThersFy Clinica~ Member and Supervisor-~T~g American Court,ling Associationintcmati__- - 'fl[erapy~G£Np~ I.,.~£M Divisionmemt~rof'~onalAsmctati'mMmia~andFamily[ No./_~ Florida Associatioa for bitrfiage and Fn_m~y TheraFy / [}EC 1 5 ~97 ,Pg- / - lCato Warner. M.$.. Ph.D. Candidatc Curriculum Vita Pag~ 2 TEACHINO BXPEIHP-NCE 3/97 to 5/97 AdJa~ct Faca/ty. Course Title: Introduction to Fanfily Systems Taught Uberal arts undcr~ students this sociology course. In addition to the trad~tioual cla.urcom setting, the format for this course fncluded a distance learning component; a c~ of distance learners in another part of the stat~ participated in the class via tntcnctive com~ Hdco. Unckn'gradua~ liberal Arts Department Nova Southeaste~ Univcrsity, Pt. 12udefdele, Florida I0/96 to 12196 dd]~ Facu&y. Cours~ Title: Iutroductioo to Fam~ S~ Taunt li~ ~ ~~ ~ ~ ~Io~ c~. Un~d~ L~ ~ ~t N~a S~~ U~v~, ~ ~u~e, ~ I/9~ to .,ldfit~t Facu~'y. Titlc: Inu'oductiou to Systems Taught h't~ral arts undcrgraduete studcuLm this sociology course. Und~graduate Liberal Arts Deparunent Nova Southea.~rn Univcrsity, Ft. Lauderdale, Florida 9/95 to 12/95 Adjunct Faculty. Title: l~xod~ction ~ Marriage and Family Therapy Taught first semester Family Tlm'agy Mast:t's students. Mest~'s Pro~rtm in tOtriage and Fanu]y Thenp,/ Nova Southea~ U~ive~%ity, FL Lat~dcrdale, Florida 1/93 to 5193 Teaching A~lstaat. Title: Family 'llm-apy IV Taught Family Therapy Ph.D. sm6enU. CoMucted weekly required labora~ hi hYlmotic technkluC~ and skills for studexas enrolled in a coursc cxploring Eric~ hypnosb. Doctoral Program in Marriage and Family Therapy Nova Southeastern Univcr~ty, Ft. Lauderdale, Florida 1/93 to 5193 Teacldng ,4xrl. ttant. Title: Other Voices, Other Visions: Multi-cultural Taught libentl arts nms~'s students this required cote course. Master of L~l~r~! Arts ~ Nova Sotr,/a~tern University, Ft. LauderdMe, Florida 9192 to 12192 Teaching Assistant. Tidc: 1oumey I Taught h'ueral arts undergraduate students this tuquired core course. Nova Southeastn~ University, Ft. Lauderdalc, Florida AGENI~A~Z:~EM NO.~ DEC 1 6 1997 pg. Kat~ Warner, M.B., Ph.D. Candldat, Curriculum Vita SUPBRVISION BXPERI~NCB Page 3 1/96 to 5/96 ,~d. luaa Faculty. Tiflc: Practicum I Superv~ weekly clinical practicmn with first year mastgr's students. Live sessions wac video-aped and observed using a one-way Master's PrograJn in Marrhge and Fa,mfly Therapy Nova Southeastern University, Ft. Lauderdale, Florida 1/96 to 5/~ AdJun~ Facsdgy. T~e: Practicum I Supervised weekly clinical practkltm with first year mast~'s students. Live serous wer~ vkleo-~ and observed using a one-way mirror. Master's Progrtm in Mmhge and FtmUy Therapy Nova Southeastern Uttiversity, Ft. l.auder~e, Florida 11/93 to 1/96 $~per~ory mentor. Conducted weekly mentoring with master's gudcnu' clinical work in home- based tad clinic-based family therapy. Mecting formats included group case review scssions and l~irtng with individmd students as co-therapists for home- Ft. Laude~lale Florida CLINICAL BX~CE 5/92 to present Family Therapls~ Intern. Provic~d therapy to tndividoal$, coo'pies, and fimiUes. Private Practice Davie, Florida 7/92 to 1/96 Family Therapi~ Intern. Provided home-based a-isis tntm'vendon aM f.~ly therapy at the request of Flori~ Dep~anent of Health and RelubUitative Services (HRS). Clients included families with clfildrgn in imminent d~ngcr of removal from the home by HRS as a r~suR of violent, neglect, or abuse. tnt~nsiv¢ Crisis Coun~Ung Program Ft. Laud~rd~e. Florida Family TAeraptrt Intern. Conducted weekly group tbenpy se~ooz. Office of Jeffery Rifl~, Ph.D., 9/9O to 8/92 Family Tkerapirt Istem. Provided therapy to individuals, couples ~ fanftlies. Family Thera~ Assocls~ Ft. Laud~da~e Florida AGEND~ DEC 1 6 1997 E~tc Wstncr. M.S.. Ph.D. Candidate Page 4 Currl_e,~um vi~ _ ,, s ~~on ~d ~ ~0~ for ~ ~t ~~ ~ d~l~ how well ~~ No~ ~~ U~~ F~y ~y ~d ~c~logy ~adua~ ~ f~ ~e ~ds of ~ ~1~. ~~ ~vi~ ~clu~ ~, ~~on ~ ~om~o~ f~ ~ ~on. N~a ~u~~ U~v~F, Ft. ~u~e, ~ARCH EXPERIENCE 3/97 to present PROGRAM EVALUATION AND ASSF. SSMENT PROIF, CTS A Multi-County Community Assessment of Need for a Women's Resource Institute. (1995). R~ by the Director of Nova Southeastern Univcrgty's Wom~n's Studies Pro,'am to evaluate the potential role and impact of a University-based Women's Rcsource Institute in South Florida. Used elcments of both formative evaluation and action re.arch. East Brow~rd Count-.,' Lntensivc Crisis Counseling Program Annual Outcome Evaluation. (1995). Part of a three member team which designed, implcme~ttr, d and analyzed this qualitative/quantitative program evaluation. Underwritten by Family Tber~y As.v)c~. GRANT WRITING Support Grant for Nov· Southeastern University's Women's Re. aource Institute. (1995). Co-wrote the background research section fo~ a gmcral support I~rant to create · university-based Women's Resource Institute; submitted to the ~Ioe and Emily Lowe Foundation. (not funded) Resource Institute; submitIcd to N~tions Bank. (funded for I0,000 annual contribution) Trains C-, t Car? ,id sy=? A Sr t submitted to the Ou.lf Power Co~y to touoeu~ rural medicat pm'sounel to fam,Uy systems coocept~ and basic practica] skills. (not funded) DEC 1 6 1997 Kat~ Warne~, M.S., Ph.D. Candldat~ Carric~um ¥its Page 5 ]URIBD PRF.,S~NTA~ON$ Warner, K. (1996, Mey). Documenting Services: Collaborating with C/lents to Report ~torle$ of Chan~e. Workshop presented at th~ ,mmal conference of l~e Florida Association for Marriage and Family Therapy, Miami Beach, Florida. Warner, K. (1996, May). ResearcMng the E~edence ofMandated Then~,/. Workshop presented at the atmual coherence of the Florida Assochtion fct Marriage and Family Therapy, Miami Beach, Florida. Warner, K., & Laughlin, M. J. (1995, May). Non-Violent Res~tance to the Per. fence of ~olence, Weak, hop presented at the annual Intensive Crisis ~ing Program and Homebullders Warner, K. (1995, May). 7~e Therapeun'e Use of Discharge Summaffes ~th Intensive Crisis Counseling Program Fan'dlles. Workshop presented at the atmual Intensive Crisis Counseling Warner, K., & Laughlin, M. L (1995, May). Non. Viotent Resistance to the Persistence of Holence. Works~p pre~entul at t~e annual conference of the Florida Association for Ma:viage and Family The~aFy, Tampa, Florida. SCHEDULED WORKSHOPS AND LECTURES Wuner, K., & Laughlin, M. ~. (1995, May). ~,trt ofRfframlng: A Case ~tudy. In-so'vice workshop presented to the clinical staff of Henderson Clinic, Ft. L~uderdal¢, Florida. Warner, K., & Laughlin, M, L (1995, ApriD. 77~e Meranu~hos~ ofMer~hor~: ~plorlng violent suase an t the ntroauc on. auern ves. ln-servicc workshop ~ted to tl~ c~m~ca~ sttff of thc Intensive Crisis Counseling Program at Family Therapy Assoc~, Pt. ~e, Nlorlda. Warner, K. (1992, May). Farnlly ~ a~ a Career: A p _~t of lmss~bilitle:. University, ~ted day long workshop for entering college fre~m~m at Nova Ft. Laudcrdale, Flori~. ~.l~l:~.~:]:]~:~: To appoint 2 members to serve 2 year terms, expiring on December 31, 1999, on the Isle of Capri Fire Control District Advisory Committee. CONSIDERATIONS: This 5 member committee advises the Boml on the budget and operation of the Isles of Capri Fire Control District. Terms are 2 years and members must reside within thc boundaries of the Isle of Capri Municipal Fire Services Taxing District. A list of the current membersMp is included in the backup. The Isles of Capri Fir~ Control District Advisory Committee ]las 2 ~ exph'h~ on ~ber 31, 1997 (Roddey M. Brown and Lloyd Woolsey). A press release was issued and resumes ~ received from the following 4 interested citizens: Charles Dexter Colvin 1 yes Chris Xigogianis 1 y~s Peter Kocik 1 yes Matt Crowder I y~s COMMI~EE RECOMMENDATION: Charles Dexter Colvin Chris Xigogianis FISCAl, IMPACT: NONE GROWTH MANAGEMENT IMPACt: NONE BECOMMENDATION: That the Board o. fCounty Corr,_ml~ioners coumider the .. recommendation for appointment and appo~ut 2 members to serv~ 2 y~ar tcu-mz, expumg on December 31, 1999, on the Isle of Capri F~ Control District Advisory Committee, and direct the County Attorney to prepare a resolution confirmln$ the appointments, Prepared By: Sue Filson, AdminLquafive AssLstant Board of County Commissioners Agenda Date: DECEMBER 16, 199'/ AGENI:}A l_T,,ilq - DEC I 6 997 ISLES OF CAI'Iii FIR~ ~J' ~SCUB DISTR~CT DATE: ~ 22~ 1997 Sue Filscfl, A~fld.nistca,.ive ~ist~t Soez~ o£ County Omnissioflers Isles of Capri F~re Cc~trol District Adviso~ Co~nittee Isles o£ Ca~i Fiz~ Oonti~l ~vi~-~ Cce~ttttee met in s~ ~ssicn Novem~e~ 21, 1997 to cc~si~e~ the al~licati~ ~x~ z~mes o~ thoea volun- Orris Xigo~ianis: . .- .- ~is 20 year resident will brinq ~ years ext~ri~ in ~~tal d ~ ~ Distil. ~ AGENDA ITEM NO ._.~_~.__ Isles of Capri Fire Control District Advisory Committee ~aples, 1:1., 34113 DLm~: I Lloyd Woolsey 139 San Salvador Street Naples, FL 34113 ,DLm, tct: l C~g~gory: Edward Hueg¢l _ 278 Capri Boulevard Naples, FL 34113 Dtm, tcf: 1 Category: lew/Mafinaro . 231 Capri Boulevard Napl~s, FL 34113 12~17/~1 1251/93 2 Year~ 3~.OOOl 1~7J~ 12~I/97 2 Year~ 09/27/94 12/31/96 2 Years 394~228 1;7,'~ 12/31/98 2 Yeats 01/07/97 12/31/98 2 Y~.rs 642-5596 .,/' AGENDA No. /~)~/-~ DEC 1 $1997 Isles of Capri Fire Control District Advisory Committee Wo:~ l~kont ' Appt~d Ex~ Date Term Name Hom~ P~on~ ~t 2n:lF~Da~t 2nd Ttrm must reside within the boundaries of the Isle of Capri Municipal Fire Servtc~ Taxing District. Terrrm are 2 yearn. Diane Flagg, Emergency Sewice~ Dlmcl=c 774..~t59 DEC 1 6 1997 DATE: TO: FROM: MEMORANDUM October 20, 1997 Vinell Hills, Elections Office Sue Filson, Adm~nlslrati,ve Ass~.' Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant r~sides. IOC FIRE CONTROL DISTRICT ADV COMM COMMISSION DISTRICT Charles Dexter Colvin 163 San Salvador S~t Naples, FL 34113-8640 Chris Xigogianis 111 Capri Boulevard Naples, FL 34113 Peru' Kocik 3 Pelican Street East Naples, FL 34113 / Matt Crowder 156 Capri Boulevard Naples, FL 34113-8681 Thank you for your help. MEMORANDUM DATE: TO: FROM: October 20, 1997 Diane Flagg, Emergency Medical Servi~..s ~)irector Sue Filson, Administrative Assistant ~/~ · Board of County Commissioner~ Isle of Capri Fire Control District Advisory Committee As you know, we currently have 2 vacancies on the above.referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Charles Dexter Colvin 163 San Salvador Street Naples, FL 34113-8640 Chris Xigogianis 111 Capri Boulevard Naples, FL 34113 Peter Kocik 3 Pelican Street East Naples, FL 34113 Matt Crowder 156 Capri Boulevard Naples, FL 34113-8681 Please let me know, in writing, thc recommendation for appointment of the advisory committee within the 41 day time-flame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGEN.~A Ii,EH DEC 16 1997 October 14,1997 Dear Ms. Filson, I am writing this letter to express an interest in serving on an advisory committee board for the Isles of Capri Fire Control District. I have live on Capri for five years now and am seeking a way to give back to the community which I've come to call Home. Two years ago this same position was brought to my attention by friends and neighbors. At that time I was still in school and working at becoming employable. I have now achieved those goals and have the time and energy to apply towards serving on this advisory board. What qualifies me for this position the most is my sincere desire to serve Capri and to watch out for their best interest. That along with my experience and education in accounting enable me to be an effective member on this board. If the opportunity presents itself for me to serve I'll be willing to put forth the time and energy needed to complete this Job. I look forward to an opportunity to serve. Sincerely ~ Charles .Dexter" Colvin DEC ! 6 1997 Charles "Dexter, Colvin 163 San Salvador Street Naples, FL 34113-8640 (941) 642-4525 PROFESSIONAL OBJECTIVE: To obtain an advisory board position at Isles of Capri Fire Station which will be challenging and will enable me to make a contribution while developing new skills. EDUCATION: 1994 tO 1996 Edison Community College, A.S. Degree in Accounting Naples, FL 1993 James Lorenzo Walker Vocational Technical Center, Naples, FL General Office Education RELEVANT COMPUTER EXPERIENCE: Lotus 123, Quicken, Accounting Computer Applications WordPerfect for Windows WORK EXPERIENCE: 1997 Naples Beach Hotel and Golf Club 1984 Chemitrol Chemical Company, Gibsonburg, Ohio Loss of both lower limbs due to highway construction accident. 1982 to 1984 Fremont Die Cut Products, Fremont, Ohio Line Foreman of Silk Screening Operations REFERENCES: Mr. Lynn Grace Head of Accounting Dept. Edison Co,~,~unity College (941) 489-9445 Mr Michael Hayden Accounting Instructor Edison C~unity College (941) 732-3700 Mr. Scott Grant Sales Manager Denny's Auto Sales (941) 793-7799 O;C 16 1997 l$Octc~r. 1997 Ms. Sue Filson Collier County. Government Complex 3301 East Tamiami Trail Naples. FL 34112 Dear Ms. Filson: I would lik~ to apply for the Isles of Capri F'u~ Advisory Board member vacancy. I have been a full-time resident of thc Isles of Capri since 1995. Please accept the following as my n:sumc. I am 51 years old. Worked as a journeyman ironworker for 25 years, now retired Held various s'u~ry positions during that time. Volunteered ns a firefi~,er in Sherewood Illinois. Licensed seafood retailer in state of Illinois. insmictor and lumlxnaster. Currently, Treasurer of the Capri Community, Inc. Member of the Isles of Capri Civic Association. I am ~Y interested in my community,. I would like to offer my time and experience to help on the Capri F'tre Advisory. Board. I would be happy to answer any questions that you may have. Plea.se feel free to call me at 389-1106 anyfi. 'mc. Peter Kocik 3 l~lican Street East Isles of Capri Naples, FL 34113 AGENDA ITEH DEC '1 6 '1997 MATT CROWDER AL'rO~L~TION SPECL-~.IST Weduesda3.; October 08,1997 Ms. Sue Filson Collier Count' Board of Commissioners 3301 Tamiami Trail East Naples, FL 34115 RE: Application for Vacant Position, Isles of Capri Fire District Advisory Board Deaz Sue: With ,hi.~ letter I would ~ to submit my name as a candidate for the upcoming vacancy on the Isles of Capri Fke District Advisory Board. Christopher Middlebrook, a long-time Isles of Capri resident, businessman and homeowner, and past member of the I.CIC. Fire Dist. dct Advisory Board, suggested that I sulxnit my name for your consideration. Among my qualifications is the tact that I am both a homeowner and resident of Isles of Capg. I am also an owner of a small business on the Isles~ Here is a brief rundown of my education and experience: Eatucation: · Graduate, W.A. Berry Senior High School, Bir~;ngham, Al (1978) · Candidate, BFA, University of Moatevallo, Moatevallo Al (1979 - 1981) Recent Professional Experience: · On,ncr, Matt Crovnter Automation Speci_',l;,t, Naples, FL 0993 - preseno · Senior Ovguter C, nmltant, Ram Information Systems, Houston, TX (1990 - 1993) · Sttprn/~orof Cota'p#ter 3'ttJlt~, Healthquest, Inc., Houston, TX (1987 - 1990) · Ter~dcal Dim/or, Houston C;ommutllty COH~ Houston, TX (1985 - .1987) · ~,.uirta#t Ttr~MDirt#or, Te.~ Opera Th~__eer_, Houston, TX (1982 - 1985) Other Experience and Credentials · Member, Isles of Capri Civic Association · Member, Isles of Capri Homecr~ue~ Association · Member, Naples ~ Chamber of Comm_,?rce · Member., Marco Island ~ Chambe~ of Commerce · PADI~ C, ex6fi~ ~ Diver · PADI® Certified Medic Ftrst Aid 156 CAPRI BOULEVARD * NAPLES, FL * 34113-8681 PHONE & FAX: 941-642-7511 DEC 1 6 1997 Pg o~ * E-MAIL: mattl~corpusoptima.com - 2 - OCTOBER 8, 1997 .~ L~TT C~O~)E~ A~d ~m~lly, I'd like to m~l~e note of one mote charactedstlc that, ~a my v~ew, ma~es me u~quely qu~fied to s~t on ~s bo~. AS · te~ ~ ~e ~y s~es, my mo~er ~d I ~ost lost ou~ ~%'~ ~ a ho~e ~ ~2t exp~ce h~ made me ke~y sms~%~ to ~sues of ~ safe~' ~d pubic safe~ ~d ~ ~s d~ it effc~ ~ d~ion I m~e ~ my One ~not ~e ~e ~p~ ~ ~t ~e ~at h~ on ~ ~~ ~e~ ~ ex~ce it &~eh~ It ~ for a unlq~ ~d ~~t ~~x~ which I ~ b~g to ~ ~d~ I thank .you for you~ consideration. Sincet~ly~ Matt Crowde~ Automation AGENDA ZTF_.~ No../F DEC ! 6 "1997 MEMORANDUM DATE: TO: FROM: December 2, 1997 Board of County Commissioners Timothy L. Hancock, AICP, Chairman Board of County Commissioners Agenda Item 10 (E) - December 16, 1997 This is a request for the Board to approve the temporary closure of Bluebill Avenue from Vanderbilt Drive to Gulfshore Drive on January 17, 1998, from 9:30 a.m. until 5:00 p.m. to accommodate the Cub Scouts Pack 168, "Cubmobile Derby" event. The "Cubmobile Derby" is an event sponsored by one ofthe local Cub Scout Packs based at Naples Park Elementary School (Pack 168). The derby consists of a number of "runs" or "heats" of gravity-powered four-wheeled wooden racers. The racers are built by the cub scouts and the race is run under parental supervision. In addition, the Sheriff's Office supplies Community Service Deputies to assist with tnLffie crowd control. The Cub Scout Pack expects about 300-500 people to attend the day-long event. The Pack, under adult supervision, will be responsible for erecting both vehicular and crowd control barricades and for supplying Community Service Deputies to assist in traffic detours. Westbound traffic will be re-routed south along Vanderbilt Drive, west along Vanderbilt Beach Road and north along Csulfshore Drive. Eastbound traffic will be routed in the reverse direction (Attachment No. 1). Parking for spectators will be provided at Naples Park Elementary School along with shuttle service to the race area. Spectators will be placed along the race route to the north and south of Bluebill Avenue. In addition, an EMS vehicle will be stationed at the event along with an area designated for First Aid. The organizers will supply portable toilets along with a tent set up for awards, refreshments and shelter. Participants in the races will be required to wear helmets, knee pads and ann pads whilc racing. There will be spotters along tho track. The track will be designated by chalk lines marked on the street pavement. Approval of this request will form the basis for issuance cfa right-of-w use of the public fight-of-way for this event. AGE NOA--.j:T.E:H No. - DEC Board of County Commissioners December 2, 1997 Page Two The sponsor of the event, Cub Scout Pack 168, will be responsible for all out-of-pocket expenses. The Transportation Department will assist in signing and control barricades subject to availability. It is my recommendation that the Board approve the temporary closure of Bluebill Avenue on January 17, 1998 between the hours of 9:30 a.m. and 5:00 p.m. from Vanderbilt Drive to Gulfshore Drive for the purpose of nmning the Cub Scout Pack 168 "Cubmobilc Derby" and authorize staffto issue a right-of-way permit to accommodate Timothy L/~-I[ncock~ ,i~ICP, Chairman TLH:sf Attachment DEC ~.,,_-,~.--, ....,~r~.~.,, ,.-, ....-;,.,: ..:; .,,~ ~ .; .., ... ,, .... ,,, °~" . '.' · ' · ' ' · ' " ° · ' "'" . APPOINTMENT OF MEMBER(S) TO HEALTH OBJI~CTIVE: To appoin~ 1 member ~o fulfill the remainder ora vacan~ lerm, expiring on September 30, 1998, on the Health Planning Council. CONSIDERATIONS: The Health Plarming Council of Southwest Florida, Inc. is a private not-for-profit corporation created under Chapter 408.033, Florida Statutes. This agency deals primarily with health policy and the regulation of health care services throughout seven counties of Southwest Florida. A consumer member is an individual who is not a health care provider or a health care purchaser. A Provider member is someone who delivers health services or who is a member of an organization that delivers health services. The Board of Directors meets four times per year, usually on the third Thursday of the month, for about two hours. Some Board members assume committee responsibilities as their schedules allow. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT Loretta A. Salem (Director of Marketing) Michael D..lernigan (Healthcare Consultant) A letter dated December I, 1997, was received from Mary W. Schulthess, Executive Director, of the Health Planning Council of SW FL, Inc. advising that the Council is recommending the appointment of Michael D. Semigan. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commi~ioners consider the recommendation for appointment and appoint I member to the Health Planning Council, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: DECEMBER 16, 1997 AGENDA No._ DEC 1 6 1997 HEALTH PLANNING COUNCIL OF SOUTHW'ESTFLORIDA, INC. December i, 1997 Ms. Sue Filson, Administrative Assistant Board of Collier County. Commissioners 3301 E. Tamiami Trail Naples, Florida 34112.3602 Dear Ms. Filson, Thank you for your correspondence of November 24, advising the Health Planning Council of Southwest Florida about applicants from Collier County for the one opening on the Council's Board of Directors. We are grateful for the interest expressed by two individuals in this volunteer opportunity and for the desire of the Commissioners to seek our input into the appointment process. After much consideration, our Board and Membership Committee have chosen to recommend Michael D. Jemigan to fill the vacancy, created by the resignation and relocation of William 1L Snapp. Mr. Jemigan possesses abroad understanding of the purpose and scope of the Council's statutorily and contractually mandated responsibilities. As a Board member for nearly t'ourtccn years and a member of the Plan Development Committee since the Council's inception, he has been a highly respected Collier County representative. Should the Commissioners choose to endorse Mr. $crnigan's candidacy, the Council would invite Ms. Loretta Salem to participate in another leadership capacity within our agency. We were honored by her expression of interest in this appointment. Since Mr. Snapp will be leaving Collier County in the next few weeks, and because our agency is in the midst of creating a 7-county Regional Health Plan for the State, we would appreciate the Board's early action on this matter. Please let me know ifyou have further questions. Sincerely, Mary Schuithess M.S., Executive Dire-tot 925O COLLEGE PARKWAY (941) 433-670O SUITES SUNCOM 731-6700 AGENDA LT. EM .o./0 - DEC 1 6 1997 FORT .MYERS, FL 33919 FAX (941) 433-6"/03 {8) 'Health maintenance organization' means a health care provider o~ganization delined and author- ized in part I ol chapter 641. (9) 'Health sen~ices' means diagnostic, curative, or rehabilitative sen~-..as and includes alcohol treatment, drug a~use treatment, and mental health services. (10) 'Hospice' or 'hospice program' means a hospice as defined in part VI of chapter 400. (11) 'Hospital' means a health care facility licensed under chapter 395. (12) Institutional health service' means a health ser- vice which is provided by or through a health care facility and which entails an annual operating cost ol $500.0~ ~ more. The agency shall, by rule, adjust the annual ol3erating cost threshold annually using an appropriate inflation index. (13) -inten'ned'~te care facility' means an institution which ~ovidas, on a regula' basis, health-related care and services to individuals who do not require the degree of care aJ'~d treatment which a hospital o~ skilled nursing facility is designed to provide, but who, because of their mental or physical condition, require health- related care and services above the level of room and board. (14) 'Intermediate care facility for the developmen- tally disabled' means a residential facility licensed unoer chapter 393 and certified by the Federal Government pursuant to the Social Security Act as a provider of Med- icaid san~s to persons who are mentally retarded or who have a related condition. (15) 'Major medical equipment' means equipment which is used to provide medical and other health ser- vices, which has been approved for general usage by the United States Food and Drug Administration for less than 3 years and which costs in excess of $1 million. The agency shall, by rule. adiust the equipment threshold annually using an appropriate inflation index. (16) 'Multifacility project' means an integrated resi- dential and health care facility consisting of independent rwing units, assisted rwing facility units, arx:l nursing home beds certificated on or after January 1, 1987, where: (a) The aggregate total number of independent liv- ing units and assisted rwing facility units exceeds the number of nursing home beds. (13) The developer of the project has expended the sum of $500,000 or more on the certificated and noncertificated elements of the project combined, exclu- sive of land costs, by the conclusion of the 18th monlh o! the life of the certir~..ate of need. (c) The total aggregate cost of construction of the certificated element of the project, when combined with other, nc~certir~cated elements, ia $10 million or more. (d) All elements of the project a~e contiguous or in'~'nediately adjacent to each other and construction of all elements will be continuous. (17) 'Numing home geographically underserved area' (a) A county in which there is no existing ot (13) An area with a radius of at least 20 miles in which Ihere is no existing or approved nursing home; o~ (c) An area with a radius of at least 20 miles in which all existing nursing homes have maintained at least a 95 percent occupancy rate for the most recent 6 months or a 90 percent occupancy rate for the most recent 12 months. (18) 'Sldlled nursing facility' means an instilution, or a distinct part ol an institution, which is primarily engaged in providing, to inpatients, skilled nursing care and related services for patients who require medical or nursing care. or rehabilitation services Ior the rehabilita- tion of in~'ed, disabled, or sick persons. (19) 'Tertiary health service' means a health service which, due to its high level ot intensity, complexity, spe- cialized or limited apprmability, and cost, should be lim- ited to, and concentrated in, · limited number of hospi- tals to ensure the quality, availability, and cost- effectiveness ol such sewice. Examples of such service include, but are not limited to, organ transplantation. specialty bum units, neonatal intensive care units, corn- prehensive rehabifitation, and medical or surgical ser- vices which are experimental or developmental in nature to the extent that the provision of such services is not yet contemplated within the commonly accepted course of diagnosis or treatment for the conditio~ addressed by a given service. The agency shall establish by rule a list of all tertiary health services. (20) 'Agency' means the deparlment or agency which has responsi~'lity fo~ health planning and health regulation. (21) 'Regional area' means any of those regional health planning areas established by the agency to which local and district health planning funds are directed to local health councils through the General Appropriations Act. ~. 21. ¢1~ gl-t~; t. ~4, ~ gl-221; ~. I, ¢~. 91-2~2; ~. !~. 408.1~ Lo~l end state health plannlng.~ (1) L~ HEALTH COUN~I.~.~ (a) Local health councils are hereby estabEshed as ~ or privale nonprofit agencies serving the counties of a district or regior~ area of the ager~. The ~rs of each coun~ shall be appointed in an equitable man- net t~ t~ county conx~ss~:~ ~v~ ~sdict~ e the resp~tive d~strict. Each c~nci~ st~ be ~ o! a ~ ot ~ ~ to 1V, fin~s the r~s'nt~r o! ~nt~ ~ ~ the distr~t or 12 whk:~'~r is ~reater. Each county in a c~str~t s~all be ent~Ued tom ~t ~ ~on t~ ~'1. ~ bal- ance of the membership of the council shall be allocated among the counties of the district on the'basis ol popu- lation rounded to the nearest whole numbe~, except that in a district composed of only two counties, no county shall have fewer than four members. The appointees shall be representatives of health care provide, health cam. pt~c~'-~sers, and nc~qgovenvnental health care con- sume~, but not excluding resentattve ntmber of ixxc~sera and health care council shaJl provide each county ule lot appc~lllil~U CO~cil mei....,~rs tO er~sl,o llml cil ~m~rship c~plies ~th t~ r~uire~nts ot thit paragraph. The ~m~rs ol the I~1 health ~i ~11 el~t a ~air~n. Mem~rs shell ~we f~ l~s of 2 yeers ~ ~y ~ eligible f~ reep~nt~nt. (b) Each ~ health ~uncil ~ 1. ~vel~ a distr~t ~ reg~al area ~alth plan t~t is ~sislent ~th the objectNes and stmt~ies in ~ state health plan. but that s~ll ~r~t ea~ ~alth c~il to develop strategies ~ set p~t~s implemenlation ~sed ~ its unique ~1 health ~s. The dist~t or regi~l area ~alth p~n m~t c~tain prefere~es f~ t~ develop~nt of health ~es facilities, which may be consider~ by the ege~ in its renew ol ~ifi~te~f-need appfi~ti~s. ~e dist~ct health plan shall be submitted to the agency and u~at~ ~r~lly. ~e district ~alth plans ~ use a uniform format and be submitted 1o the agency a~ding to a ~ule develo~ by t~ a~ in ~t~ ~th t~ State,de H~th C~ ~ ~e ~1 ~th ~ls. ~e ~e must pr~e c~rdi~tion ~tween the development of !~ state health ~n and the dist~t health plans a~ f~ the devel~ment of dist~t he,th plans ~ ~j~ ~ti~s ~er a mult~ear ~. ~e ele~nts of a dist~t p~n ~ are ~e~ to ~ renew of ~rtifi~te~f-~d a~li~t~ns f~ pro~sed projects ~thin l~ district ~y ~ adopl~ by lhe agenw as a pa~ of its 2. A~ ~ agenw ~ health ~re ~s and re~ all~t~s. 3. Prate publ~ a~reness of ~ni~ ~allh needs, emphasizing health promotion and cost- efl~tNe health se~ ~l~tion. 4. ~ll~t data a~ c~t anal~es a~ st~s re~t~ Io health ~ra ~ds of the distr~t. ~~ ~s of ~lly indigent ~r~s, a~ a~st the a~ ~ ot~r state agendes in ~r~ ~t ~ta ~l~t~ act~ties t~t ~e~te to t~ fu~t~ ~ t~s ~b~t~. 5. ~it= t~ ~te ~st~ti~ ~e~, if of ~ifi~te-of-~ appr~ed ~oj~ts a~ ~ fi~ings to t~ a~ ~ f~ms ~ a~. 6. ~ ~ a~st ~ r~ ~ ~ ea~ d~t~t t~t ~ve e~t~ to ~ ~th ~ ~ ~ stmt~ r~ ~ ~ ~ deve~nt of t~ ~th ele~nt of t~ ~s to ~e~ ~ d~t~t ~ t~ d~t of ~ ~t~ ~ 1~, to ~re ~ti~H ~th t~ ~ ~ ~ in t~ State ~~ ~ ~ ~t ~th p~n. To fa~Utate t~ ~m~ ~ ~ ~1 g~em~nls in its ~ ~ea, ~ ~t, ~th: c. Applical~m ag(~tcy rulos and calculated need methodok:~gies for health facilities and services regu. lated under s. 408.034 for the district served by the local health council. 8. Monitor and evaluate the adequacy, appropriate. ness, and effectiveness, within the district, of local, slate, federal, and private funds distributed to meet the needs of the medically indigent and other underserved population groups. 9. In co~junctio~ with the ~Department of Health and Rehabilitative Services and Statewide Health Coun- cil, plan for services at the local level for persons infected with the human immunodeficiency virus. 10. Provide technical assistance to encourage and support activities by providers, purchasers, consumers, and IocaJ, regional, and state agencies in meeting the health care goals, objectives, and policies adopted by the local health council. 11. Provide the agency with data required by rule for the review of certificate-of-need appr~cations and the projectio~ of need for health services and facilities in the district. (c) Local health councils may conduct public hear- ings pursuant to s. 408.039(3Xb). (d) Each local health council shall enter into a memo- randum of agreement with each regional planning coun- cil in its district that elects to address health issues in its strategic regional poi'~.'-y plan. In addition, each local health council shall enter into a memorandum of agree- ment with each local government that includes an optional health element in its comprehensive plan. Each memorandum of agreement must specify the manner in which each local government, regior~al planning council, and local health council will coordinate its activities to ensure a unified approach to health planning and imple- mentatkxt efforts. (e) local health councils may employ personnel to cany out the coufx~'ls' purposes. Such personnel s~all possess qualificaticms and be compensated in a manner commenst~te with comparable positions in the Career Sewice System. However. such personnel shall not be deemed to be state employees. (f) Personnel of the local health councils shall pro- vide an armual orientation to council members about coc, x~ memb~ r~ties. The ode~ta~ sha~ include p~esentaticns and participatiort by agcmcy staff. (g) Each local health coun~ is authorized to accept and receive, in ~ of its health ~ func- tions, kinds, gra~ts, axx:l services from governmental agencies ~ from I:XiVate or civic ~ ;ux:l to pe~- forrn studies related to local health planning in exchange for such funds, grants, or sefvic.,es. Each local heaJth council shall, no later than January 30 of each yea~, rer~. dm' an accounti~ ol the receipt and disbursement of such funds received by it to the aggncy. The agency shall cortsolidate all such reports and submit such cort- sor~dated report to the Legislabxe no later than March 1 of eech year. Furtds received by a local health council a. A copy and appropriate updates of the district pursuant to this paragraph shall not be deemed to be health plan: . a substitute for, or an o ' ' b. A repo~l of hoslfitaJ and nursing ~ uttizatk:~t v~led pursuant to subsel:tixt g~ENDA ITEM statistics for facilities within the local government ju~- (2) STATEW~E HF.~LTI~I~ St;~te- ' ~' '..ALTI-I CARE ADMINISTRATION(F.S. 1995 ~. 408 ' vel comprehensive health planning and policy advisory (d) Consult with local health councils, the Depart. ~rd. For administrative purposes, the council shall be meat of Insurance. the ~Department ol Health and Reha- cated within the agency. The Statewide Health Coun- bilitative Se~,es. and other appropriate public and pri- i sh~ll ~ composed oi: the State Health Officer, the vale entities, including health care industry representa- ~puty Director for Health Policy and Cost Control and fives regarding the development ol health policies; .~e Deput~ Director for Health Quality Assurance of the (e) Serve as a forum for the discussion ol local department; the directo~ of the Health Care Board; the health planning issues of concern to the local health ~surance Commissioner or his designee; the Vice Chan- councils and regional planning counc~s; :ello~ f~ Health Affairs of the Board of Regents; three {f) Review district health plans f~ consistency with · ,hairmen o! regional planning councils, selected by the the State Comprehensive Plan and the state health plan; 'egional planning councils; t'rve chairmen of local health (g) Review the health coml:x:~ents of agency func- :ouncils. selected by the local health councils; four tional plans for consistency with the health element of members appointed by the Governs. one of whom is a the State Comprehensive Plan. advise the Executive consumer over 60 years ot age. one of whom is a repre- Office of the Govemo~ regarding inconsistencies, and sentative of organized labor, one of whom is a physician, recommend revisions to agency functional plans to and one of whom represents the nursing home industrT, make them consistant with the State Comprehensive Frye members appointed by the President of the Senate. Plan; one of whom is a representative of the insurance indus- (h) Review any strategic regional plans that address try in this state, one of whom is the chief executive olfi- health issues fo~ consisterx,"-'Y with the health element of cer of a business with more than 300 employees in this the State Compreher~ve Plan. advise the Executive state, one ol whom represents the hospital industry, one Oft'~,e of the Governor regarding inconsiste~es, and of whom is a primary care ;)hysician. and one of whom recommend revisions to strategic regional poFcy plans is a m,.rse, and rrve members appointed by the Speaker lo make them consistent with the State Comprehensive of the House of Representatives. one of whom is a con- Plan; sumer who represents a minodty group in this state, one ti) Assist the Department of Community Affairs in of whom represents the home health care induslry in the review of local gover~t comprehensive plans lo this state, one of whom is an alr~:l health care profes- ensure consistency with poiicy developed in the district sicnal, one of whom is the chief executive oil's, er ol a health plans; business with fewer than 25 employees in this state, and (j) With the assistance ot the local health councils. one of whom represents a county social services pro- conduct ~ lomms and use other means to deter- gram that provides health care services to the indigent, mine the ol:~'~ions of health care consumers, providers. Appointed members of the council shall serve for 2-year payom, and insurers regarding the state's health care terms commencing October 1 ol each even-numbered goals and policies and develop suggested revisions to year. The council shall elect a president from among the the health element of the State Comprehensive Plan. members who are not state employees. The Statewide The cou~ shall submit the proposed revisions to the health element of the State Compr~ Plan to the Health Council shall: (a) Advise the Governor. the Legislature. and the Goverrxx, the President of the Senate. and the Speaker tdepartment on state health policy issues, state and of the House of Represantatives by Febraa~/ 1. 1993. local health planning activities, and state health regula- and shall widely circulate the proposed revisions to affected parties. The council sha]l period',cally assess lion programs; (b) Prepare a state health plan that specifies the progress made in achieving the goals ~ policies subgoals, quantifiable objectives, strategies, and contained in the health element of the State Compre- reso~'ce requirements to implement the goals and poll- hensive Plan and rel:xxt to the ~depa~rne~t. the Gover- cies of the health element of the State Coml:xehensive nor. the President of the Senate. and the Speaker of the Plan. The plan must assess the health status of real- House of Representatives; and dents of this state; evaluate the adequacy, accassa:~ty, tX) Conduct any other functions or studies and anal- and affo~dability of health services and facilities; assess yses falling under the duties listed above. government-financed programs and private health care (3) ~.-- insurance coverages; and address other topical local (a) The Legislature intends that the cost of local and state health care issues. Within 2 years after the heaJth councils and the Statewide Health ~1 be health element of the State Comprehensive Plan is b0me by application fees for cedir.:ates of need a~l by amended, and by July 1 of every 3~d year. if it is not assessments on selected health care lacilities subject amended, the Statewide Health Council shall submit the to facility licensure by the Age?. for He..a.lth~ Care state health plan to the Executive Of Sce of the Gover- Administration. includ'~ at:xxtion clinics, ass~ste~ I'wing .......... · -_- . -- . inical lal:xx'ato~es except ~zr~u.~y ...~.~..,,. . the Senate. and the SpeaKer ol the House of Represant ~"~u, h,Yr~ he,~th aoenciee, hospices, hospitals. ~nter- · f S thr rlou~ tr~ ~a~,a ,,., GCCeSSK~Iliy, 8,no allOr~3uL.q.*.y u.. -. ,,.Gnk,~_ I ub.v F.S. 1995 , (1:))1. A hospital lice,seal u/ ,r chapter 395. a nurs- if~ home licensed under chapter 400. and an assisted living facility licensed under chapter 400 shall be assessed an annual fee based on number of beds. 2. All other facilities and organizations listed in pm'agraph (a) ~ll each be assessed an annual tee o! S150. 3. Facilities operated by the Department of Health and Rehabilitative Services or the Department of CCXTeC- liOns and any hospital which meets the definition of rural hospital pursuant to s. 395.602 are exempt from the assessment required in this subsection. (c)1. The agency shaft, by rule, establish fees for hospitals and nursing homes based on an assessment ot $2 per bed. However, no such facility shall be assessed more than a total of $.500 under this subsec- tion. 2. The agency shall, by rule, establish fees for assisted r~ing facilities based on an assessment of $1 per bed. However. no such facility shall be assessed more than a totaJ of $150 under this subsection. 3. The agency shall, by rule, estaMish an annual fee of $150 for all other facilities and organizations listed in paragraph (a). (d) The agency shall, by rule, establish a facility bill- ing and collection process for the billing and collection of the health facility fees authorized by this subsection. (e) A health facility which is assessed a fee under this subsection is subject to a fine of $100 per day for each day in which the facility is late in submitting its annual fee up to maximum of the annual fee owed by the ~ac~ty. A facility which refuses to pay the fee or fine is subiect to the forfeiture of its license. (f) The agency shall deposit in the Health Care Trust Fund all health care facility assessments that are assessed under this subsection and p~oceeds Irom the certirK:ate-of-f~,~d application fees which are sufficient to meintaln the aggregate funding level for the local health councils and the Statewide Health Council as specified in the General Appropriations Act. The rem,aim lng certificate-of-need application fees shall be used only for the p~,433ose of administering the Heath Facility and Sen~ces Development Act. (4) DUTIES AND RESPONSIBILITIES OF THE (a) The ~departme~t, in conjunction with the State- resl:xx~ble for the planning of all health care sen/~es in the state and for assisting the Statewide Health Court- ca in the preparation o! the state health plan. (13) The ,depmlm~t shall develop and maintain a (d) The *del tment shall contract wilh the local health councils for the services specified in subsection (I). Afl contract funds shall be distributed according to an allocation ~ developed by the 'department that provides for a minimurn and equal funding base for eac~ local health ¢oun¢~. Any remaining lunds shall be dis- tributed based on adiustments for workload. The ~department may also make grants to or reimburse local health councas from federal funds provided to the state for activities related to those functions set forth in this section. The ,depaztment may withhold funds from a local health council or cancel its contract with a local health counm'l which does not meet performance stand- ards agreed upon by the ,department and local health ~n pdma~ to s. S4. ch. 12-3~L NeC·--Fem'4r I. 408.034 Duties and responsibilities of department; rules.-- (1) The depa~rnent is designated as the single state agency to issue, revoke, or deny certir~,ates of need and t.o issue, revoke, or deny exemptions from certificate- of-need review in accordance with the district plans. Ihe statewide heNth plan. and present and future federal and state statutes. The department is designated as the state health planning agenoy for purposes of federal [aw. (2) In the exercise o! its authority to issue licenses to health care facilities and health service providers, as provided under ~ters 393. 395. and ~pads I and V of chapter 400. the department shall not issue a license to any health care facility, health se~vic, e provider, t'~ospice. or part of a health cam facility which fails to receive a certificate o! need for the acensed facaity or service. ('3) The depaxtment shall establish, by rule. uniform need mettxxidogies for health services and health facili- lies. In developing unifo~n need methodologies, the depa'tment shal. at a minimum, consider the demo- graphic c, hemcte~stics of the population, the health sta- tus of the population, service use patterns, stm'~ards and trends, geographic accessibility, and market eco- comprehensive health cafe database for the purpose of nomics. health ~ ~ for ?t. ificate-o.f .-?ed ..det~ (4) The department ~ establish by rule a nursing. tions. The ~department or its contractor m Itm~z. _ .eo ~ home bed need methodology which reduces the corn- require the submission ol infomlatton from healgt tac~ munity numing home bed need for the areas of the sta.!e ties, health service providere, and ~ health pm- where the department establishes pilo_t c. ommu.mry fessionals which is determined by .the _dep~m~.. t, diversion po3grar~ through the Title XlX aging wmver through rule, to be necessary for meeting the program. ,depmlment's responsibilities as established in It~ sec. (5) The department may adopt rules necessary to · kncdemant se. 408.031--408.045. (c) local health councils in providing an annual ohentation ~ m. ~ · lO. m. ~-~4. ,~ to council ~rs about council ~ msPonalb~ - m, 4m,.,. ~..- ~ ~~"~ m- ~'';- ties. .,~.--r-e,,,,~ · 31~.~0~. I rico I DEC 1 6 1997 ~ C. North l'.nod~, I.. Hancodc. Pan~la S. Jvlac'lOe {:)bUk:r 4 8a,~L Ben1, C)isui= S 3:301 East Tamhmt Trail ~ '~LE~ Florida 34112-,4977 (941) 774-~097 · F~x C941] 774-3602 November 24, 1997 Ms. Mary W, Schulthess, Executive Director Health Planning Council of SW FL, Inc. 12811 Kenwood Lane, Suite 10~ Fort Myers, FL 33907 Dear Ms. Schulthcss: As yOu khow, we currently have I vacancy on the above.referenced advisory council. A press release was issued requeslin8 citizens ill~ [11 f~willg oll this comm;~ to submit a resume for consideratio~ I have attached the resumes ~eccived for your review as follows: Michael D. Jcrnigan Lore~a A. Salem Please let me know, in writing, tl~ reco~on for appoiniment, and I will prefmr~ an executive summary for the Board's consideration. Ifyou have any questions, please call me at 774-8097. Thank you for your attention to th/s matter. Very truly youm Sue F',Json, ~a,.;.,;~g[ye A~L~nt Board of CounIy Commissioners SF Encloswes DEC 1 6 1997 Nov-21-97 03:48P T~e Glenvtew -591-4781 Novcmber 21, 1997 A t.'re~lnm Grcmp Community Ms. Sue Fll~on Collier County Board of County Commissioners Bldg. 7, Third Floor 3301 E. Tamiarni Tr. 114~ Naples, FL 34112 Dear Ms. Filson: This letter and enclosed res. urnc rcprcscnts my application for the opcn position on the board o£ d/rector~, Health Planning Council of Southwcsc Florida, Inc. I have been a resident of Lee County for over 17 years and have been involved in human services either as an employee, volunteer or appointee over the past five years. My current employment involves long term care and I have a continued interest in a wide range of health related issues. Please let me know what additional informat/on or credcntials you would like me to provide. Thank you for your consideration. Sincerely, Director of Marketing AGENDA ITEM DE{: 1 $' t B? I00 Glenvlew Place Naple~ Rodda :MIIX. I (941) 5~.0011 Fix (941) 591-4781 d Nov-21-g7 03=4gP The Glmnvtew g41-Sg1-4781 P.03 Loretts A. S&lem 12481 McGregor Blvd. #4 Fort Myers, Ir'1orid. t 33919 (941! 4.82.8868 1995-Pret4ut 1992-1995 1988-1991 1986-1988 1980-1985 Director of M~rkoting: Thc Glenvicw at; Pelican Bay and Premier Place si The Olenview, Collier County, Florida. Responsible for all upcc~s of public relations, marketing and sales for an 118-unit Continuing Care Retirement Community with lifecarc and its component 35-bed skilled nursing facility. Operation~ Mo. nqen HealthPark Florida, Lee CountT, Florida, a 400-acre health-focused park. Duties cncompasscd maintenance and construction ~ctivities including establishing and managing budsets in excess of' $1.5 million, in~crfacing with consultants and contractors, and facilitating owner relations. M, trketif~g Dlreotor~ Turbi'Jt] Generator Maintenance, Inc., Cape Coral, Florida, an aftermorkct utiUty repair ond maintenance company. Secured cli~nts with significant long term potential and plm'med and rninaged resources for concurrent projects totaling $1.5 mi'Ilion. Director of Operutfons: Realty Capital Consultants, Inc. a Lee County, Florida commercial real estate i'mn. ltnstztess Man. er, PrisciUa Murphy Realty, Inc.. Sartibel Island, Florida, a resort and rcsidcntial real estate firm. EDUCATION AJ[D C:O~ I/qVOL~ Florida Real Estate Brokers License, 1984 Bachelor of Education, University of ?oledo, Toledo, Ohio 1991 Government Resource sad Orientation Workshop Series, 1992 Leadership lee County, 1992 Southwest Florida Women's Po]iticM Caucus, Presklent 1992-1994 l~e Covllty Mcdlcll SOciety Mini-Internship Pro.nm, 1994 N^WIC Introduction to Construction, 1994 ~ County Human Services Funding Committee, 1994-1997 PcUcafl hy 13usLmmo Astor., 1996 to Preoeflt Philharmor~ Friends of th~ Arts, 1~90 to Pre~nt Collier County ~C, A~ordnble Rousing Committee, 1097 Medical Marm~-~nt Assn. of ColUer County. 1997 to Pre~nt Florida Public Relmkm Asa~. of Collier County, 1997 tn l~esent Naples Press Club, 1997 to Present Public Relations Assn. of Collier County, 1997 to Presenl MICHAEL D. JERNIGAN November 12, 1997 Mrs. Sue Fiison Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Mrs. Filson: In response to your announced vacancy to the Health Planning Council of Southwest Florida, Inc., I am submitting my attached resume. I would like to be appointed to fiil the position previously held by Mr. Bill Snapp of Naples Community Hospital I I~ave previously been appointed by the Collier County Commission for this position every two years over the period of 198.3 to 1996. For the past year, X have been a volunteer member of the Plan Development Committee. My appointment is supported by Naples Community Hospital with whom X have a consulting relationship. I lived in Naples from 1978 to 1983 and was active In the community at that time. I maintain an awareness of the health planning needs and issues in the community. I have lived in Tallahassee since 1983 and X bring a special perspective to the happenings in State Government that the Council has appreciated in the past. Please let me know if there are any questions or concerns. Sincerely, Cc: Mr. William G. Crone, Naples Community Hospital, Inc. Mrs. Mary Schuithess, Health Planning Council of Southwest Florida Inc. 1315-B EAST LAFAYETTE STREET ' TALLAHASSEE, FLORID/ PHONE: ($$0) 877-4332 · FAX: ($$0) $77-3225 A .G E N D A~ ./T.~T~. No · 3230'1 DEC 16 1997 P0-~ MICHA EL D. JERNIGAN 1315-B East Lafa.,~tt St., Tallah#ssee, Flarfi~ 32301 · Phone 850.877-4332, Pax 850.877-4332 ACADEMIC PREPARATION MASTERS OF BUSINESS ADMINISTRATION. EASt C.,~Ln~A Us~Rsrrx. G~.~,nii. NORTH CA,OrCA May 1978. An surrdital MBA Program. BACHELOR OF BUSINESS ADMINISTRATION I~ M~~rr WAKI r-oRr~v UNIVI~. WINS'tON-SAleM. NORTH May 1973. UNIVERSITY OF MARYLAND COLL~G£ P~pac. M~ [FAR F,~ D~IsloN l~ YoKostn~ 1968-1969. PROFESSIONAL LICENSURE NURSING HOME ADMINISTRATOR Lt~ue Na. 2140, I:lortda. Current CURRENT PROFESSIONAL AFFILIATION AMERICAN HOSPITAL ASSOCIATION Sad~, f~r Healthcar~ Planning and Madr~ng. FLORIDA HEALTHCARE ASSOCIATION PAST PROFF..SSIONAL AFFIUATIONS AMERICAN HEALTH PLANNING ASSOCIATION. HEALTHCARE FINANCIAL MANAG~ ASSOCIATION Cr~T~ Ma,va~l~ ot P, tr~rt A ~O, June 1978. WIu. t,~ G. F~ ~ A w,'~u) , 1982 I~.V~ $1L VZR MB~rI'A WARI~ 1989. ACADEMIC APPOINTMENTS ADJUNCT PROFESSOR FLORIDA A & M U~vERsrrr. T~,t~$~ FLOP,~A LoNG~ CA.Rr~ADM~,qSTRA~N, 1986-90 AGEND.~..Z TF,~ DEC 1 6 1997 M~CHAEL D. J£RN~GAN Rr, SOM~ P~ge 2 Cnac amt~'no~s (PAST Ar~ BOY SCOUTS OF AMERICA, ADULT SCOUTER. TP. ooP 109, ASS~STAIVr SCO~ NAPLES POWER SQUADRON PAst MEMBr~ ADVm__c~_ I~LOTU~O RAT~ PARENT-TEASER'S ASSOCIATION L~E P~X ELE~aE~rrAR¥ SCHOOL. 1981-8~- LEON CROSS COUNTRY BOOSTERS LEoN H~H SCHOOL. 1985-89 TOASTMASTERS INTERNATIONAL NAPLLS FLOP, IDA CHAPT~ 1982-83 ALCOHO~ DRUG ABUS£ AND MENTAL HEALTH PLANNING COUNCIL FLORIDA HRS DLS'TRICT EtCHT, 1983-88 FLORIDA STATEWIDE ALCOHOL, DRUG ABUSE AND MENTAL HEALTH PROGRAM ADVISORY COUNCIL. 1986-89 HF. ALTH PLANNING COUNCIL OF SOl. rrHl6~ FLORIDA 1983 TO 1996 (APPO~ MF..'dal~) 19961'o PP.F. SENT (VOLUNTE~ MEMaEP.) FLORIDA STATEWIDE HEALTH COUNCIL VIC~ ~, 1986-87 Q.UALTFIED AS AN EXPERT THROUGH THE FLORIDA DMSION OF ADMINISTRATIVE HEARINGS · HEAL'm Ca~ · Lost TERM CA~ AGENDA ITEM NO .._~_~_~ DEC 1 6 1997 M CHAEt. D. JE ', GAN RESUME Pa~ 3 WORK EXPERIENCES ]LILY 1994 TO PRESENT OCTOBER. 1989 TO PRESENT SCULPTOR. I produce life-size protralt busts upon commission. An art resume Is provided at my internet web site www. portraltseulpture.com- AUGUST 1983 TO JULY 1994 DIRECTOR OF pLANNING, COMMUN~ HEALTH CARE, INC. [and Naples Community Hospital] I have coordinated the requlrements of the State of Florlda's governmental agencles related to filing of Ce~flcates of Need, health care markets and managed care development. Community Health Cate Is the P~rent Organization of Naples Community Ho~pltal, M~tco Island Urgent Care Center, Naples Day Surgery, North Collier Hospital, and other entities. HEALTHCAR~ CONSULTANT for va~ous health cate cllents primarily In the areas of certificates of need, marketing, and legislative lobb)4ng~ JUNE 1978 TO AUGUST 1983 ASSISTANT DIRECTOR [Director of Planning]. NAPLES COMMUNITY HOSPITAL, Naples, Florlda. Administratively directed and coordinated the functions related to Certificate of Need flllngx Developed Long Range Plan Update;, coordinated safety program, surveys, Inspections, and communication functions. Promoted Into this position from Business Manager functions which ~ncluded four departments and sLxty-five employee~ JULY 1974 TO JUNE 1978 BUSINESS MANAGER, II:NOIR Mi;MOP. I~ HosPrr~L, Kinston, North Supervised and managed Patient Accounting. Outpatient A___eeountlng. Information, and Communications. totaling forty-~x employees. Completed my MBA degree during this time. Left to relocate to South Florida, Increase in responsibility. ,nd opportunity for srowth. BEC 1 $19t? MICHAEL D. J£tt.~GiN Page 4 WORK EXPERIENCES JUNE 1973 TO JI, JLY 1974 BUSII~SS MANAGER. NEw HANOVEr. ME~OIUAL HOSPITAL, Wilmington, North C~rolln~. Supervised and managed buslness office and cashiers, to~llng thirty, four employees. Left for Increased responsibility, salary, and graduate educational opportunities. APRIL 1971 TO MAY 1973 STUDENT/EMERGENCY ROOM ADMITTING CLERIC Nop.'rH ~L~,~ B~rlST Hos~rr,u., Wlnston.S~lem, North Cuollns. Two ),t~rs p~rt.time employment during colic, ge. Through this experience I comple~d three independent study courses: Involving collectlonr, Hosplt~ls and Unions; and public opinion of Emergency Room Treatment. Left fo~ full-time work after $raduation from Wake Forest University. MII/rARY S£KVICT..: [ 1966-1970] U. S. NAVY, ACTIVE DUTY. ~ r~-lsSan, o~ o~ ~I~ Qu~Aw~ Fo~ TI~ U~. N~'~ F,~c~, L tT'ri~ oF Co ~ ~7o~. Hor.ot~.s~ DISCI-I~G~ AGENDA .o./0 DEC 1 6 I~97 VIA U.S. CERTIFIED MAIL ~ COMMUNITY NOSIITTAL ~4~ Loc3tJ~ 3~0?~S~N( Nonh, NU~eS,F~C~ 34102 M~t P.O. Box413029, N~..FI(x~ 34101 NOKTll COLUER HOSPITAL (~1) S13-7000 November 18, 199'/ Ms. Sue Filson, Administrative Assistant Collier Board of County Commissioners ~O1 East Tamiami Trail Naples, Flodd~ 34112 Due to my upcoming relocation to Maryland, I am hereby relinquishing my appointment to the Board of Directors ofthe Health Planning Council of Southwest Florida, effective December This 2-year appointment expires September 30, 1998, thereby leaving a nine and one-halfmonth vacancy for the Commlssione~s to fill Please express my sincere thanks to the entire Board of Commissionen for their confidence in my abilities, a perception which was endorsed by the Council when they elected me Vice Chairman for 1997-98. I have greatly enjoyed working with the Health Phnning Counct] of Southwest Florida and representing the concerns ofthe not.for-profit health care provider conununity. If there is anything I can do to assist you or the Commissioners in their selection of my replacement,. please feel free to contact me at the above address. Sincerely, W'dliam 1L Snapp, III Paul E. Nelson, Board Chairman Health Planning Council of Southwest Florida DEC 16 1997 QIME~I'IVE: To appoint I member to fulfill the remainder ora vacant term, expiring on August 26, 200 I, on thc Marco Island Beach Renourishment Advisory Committee. CONSIDERATIONS: This 9 member committee makes recommendations and aids and assists the Board of County Commissioners in carrying out the purposes of Collier County Ordinance No. 86-91 relatin$ to beach renourishment, improved storm protection of beaches, and public access to beaches. The representation on the commltte~ consists of approximately one-half from co-ops or condominium association and approximately one-half from the single-family residential areas of Marco Island. Members are subject to filing aForm 1 Statement of Financial Interests each year with the Supervisor of £1ections. Terms are 4 years. A llst of the current membership is included in the backup. There is currently I vacancy on this committee due to the candidacy of Charles HuRinger. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT Mary Nelson I yes Patricia Birkeland I yes lames Carpenter I yes COMMITTEE RECOMMENDATION: Patricia Birkcland FISCAL IMPACT,: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Comm{~ioners consider the recommendation for appointment and appoint I member to fulfill the reminder of the vacant term, and direct the County Attorney to prepare a resolution confuming the appointments. Prepared By: Sue Filson, Admir~-uagve Assistant Board of County Commissioners Agenda Date: DECEMBER 16,1997 DEC 1 6 '!997 pg._/ -- COLLIER COUNTY OFFICE OF CAPITAL PROJECTS MANAGEMENT DATE: TO: I:ROM: RE: December 4, 1997 Sue Filson, Administrative Assistant B~~oners Ha~o~'d' J~ Huber, Pro~ect Manager III Office of Capital Projects Management Marco Island Beach Renourlshment Advisory Committee I am in receipt of the resumes from applicants for the vacant position on the subject Advisory Committee. Such were forwarded to tho Advisory Committee for their review and recommendation. At their regularly scheduled meeting on December 3, 1997, the Marco Island Beach Renourishment Advisory Committee voted unanimously to recommend thc followinf~ appointment: * Appoint Patricia Birkeland to fill the vacant position. If you should have any questions or require additional information, please give. me a call. MEMO.HEH.Ih.044 CC: Marco Island Beach Renourishment Advisory Committee AGENDA XTEH DEC ! 6 1997 Pg ....~ _ Marco Island Beach Renourishment Advisory Committee l'~ram~ Joseph Christy 520 S. Collier Blvd., itl 10l Marco Island, FL 34145 08/16/94 01~26R5 l Year 811/95 08/26/99 4 Years Dis~ct:. 1 Category. Condominiunt ~ Charles Htmingcr C.u'~'be~ 06/22/93 840 S. Collier, #1503 ~ 8/26/9? Marco Island, FL 34145 D~trict: I Category: Condominium Frank Blanchard 380 Seavicw Court, #609 Marco Island, FL 34145 D~:' I Category: Condominium John Dougherty 1550 Jamaica Court Marco Island, FL 34145 Category: Single-Family & Condo Gilmore Scholes 1125 Stra~ Court Marco Island, FL 34145 District: 1. Category: Smglc-FamUy S. Buddy Harris 192 ~n Court Marco Island, FL 34145 D/~irlCt.' 1 Otegoo,: Single-Fmily Barbara Schiering 2000 Royal Marco Way, #303 Marco Island, FL 34145 DG~r;~: l Ca~e~or~: Single-Family 08/2687 4 Y~ars 08/26/01 4 Years 08/27/91 08/2684 4 Years 394-9587 8/16/94 08/2688 4 Years a9~-5000 0~/16/94 642-7091 08/2688 4 Years 10/12/93 01V2687 4 Y~-s 642.6gS3 8f26/97 08/26/01 4 Years 08/27/91 08/26/~ 3 Year~ 8/16/94 08/26/:)$ 4 Years 0~r26/97 642-3097 0~26/01 4 Yearn AGEND. A~ X T.,~lq DEC 1 6 '1997 Marco Island Beach Renourishment Advisory Committee Giles Goral P.O. Box 1397 Mamo Island, FL 34146 Dbtrict: Category: Singte-t:amily Michael Glime 17:2 South Beach Drive Marco Island, FL 34145 Hork Phone ,4ppt'd ~:p. Date Term Home Phone Datel~-appt 2ndF.~cpDate 2nd Term 642.611e 08/27/91 08/26/95 4 Years ~/IR$ 0~26/99 4 Ye=s D~: 1. Category: Single-Family 08/27/91 08/26/95 4 Years 8/1195 08/26/99 4 Years This 9 member committee was created by Ord. No. 86-91, amended by Ord. 92-6 to make recommendations and aid and assist ~e Board of County Commiseion~ in carrying out the purposes of Collier County Ordinance No. 86-gl relating to beach mnourlshment, Improved storm protection of beaches, and public m:~ess to beaches. Membership consists of approximately 1/2 from co-ope or condominium assocta~ and approximately 1/2 from single- fan~'ly residential areas of Marco Island. Mmnbem are subject to file a Form I Statement of Financial Interest each year wi~ the Supewbor of Elections. Terms are 4 years. Staff: Ham/Huber, Technical Services 8upewflec 774-8192 AGENDA_ IT~EH .o. /o ~ I DEC 16 1997 ,4/ MEMORANDUM DATE: TO: December 1, 1997 ¥1n¢ll Hills, Elections Office Sue Filson, Administrative Assts~' FROM: Board of County Commissioners RE: Vo~r Regisu~iion - Advisory Board Appointm~s The Board of County Commissioners will soon consider the following individuals for appointment to one of thc counts advisory conunittces. Please let me know if thos~ listcd below are registered voters in Collier County. Also, please list thc commission district in which each applicant resides. ~OMMISSIOlq DISTRIC'[ Mary Nelson 780 South Collier Blvd., ApL 114 ~ Marco Island, FL 34145 Patricia Birkcland 880 South Collier Boulevard, Suite 1201 Marco Island, FL 34145 871 Collier Court, #A2 Marco Island, FL 34145 Thank you for your help. No.~'o' _ . DEC 1 6 1997 DATE: TO: FROM: December 1, 1997 ' OCPM Harry Huber, Technical Scrvicaistant~ · S · Sue Filson, Administrative Ass Board of County Commissioners Marco Island Beach Renourishment Advisory Committee As you know, we currently have I vacancy on the above.referenced advisory committee. A press release was issued requesting ci~ interested in serving on this committee to submit a resume for consideration. I have atiached the l~tunes r~cei~ for your r~vicw as follows: Mary Nelson 780 South Collier Blvd., Apt 114 · Marco Island, FL 34145 Patricia Birkeland 850 South Collier Boulevard, Suit~ 1201 Marco Island, FL 34145 871 Collier Court, #A2 Marco Island, FL 34145 know, in writing, the recommendation for appoinlment of the advisory commit~'e Please let me - - ........ an executive smmnary for the Board's within thc 41 day thne-lrame, ana I wm ~ . o _._~__ ,e ..... ~,o-,,, an'~ questions, conskk'ration. Piesse cste~orize the applicants In tress ox exp~ru~. ~:,~,, ,,,--,- ; pleas~ call me at 774-8097. Tlumk you for your attention to this~natter. SF BEC 1 6 1997 26 97 po 780 _q~,___fA Cdl, er ~I~L -~X. 114 · Mrm hb'd. ~ 34145 · 941/642.00SI · Fmf: 941A42-8967 November 26, 1997 Sue Filson Administration County Commissioners' Offic~ 3301 East Tamiami Trail Naples. FL 33962 Dear Ms. Filson: I am writing to indicate my interest In being a member of the Marco Island Beach Renourishment Committee and am also scarring my resume. Currently I work pan-time for Collier County through the Kecap progr;m in the Natural Resources Department and am in charge of Marco Island's se,turtle monitoring program. This involves a variety o£ activities which put me on the beach every day during the nesting sea.son (April - October), sometimes for mor~ thafl lO hours a d~y. I am continuing my education concerning marine turtles and ss a result, ~ become v~y Interested in matte~ related to beaches and beach conditions. I believe I could be a valuable member of this advisory committee beca~;se ot' tlds specific knowledge. My husband Rich and I are permanent residents of Marco Island and moved here eady in 1991 from Brookline, MA where he was in charge of New Business development for ImmunoGen and I was a hom~. We are both committed to keeping Collier County and ,Marco Island in peak condition. No. /~/ DEC 1 6 1997' pg. '~ flor 26 97 IZ:2Go ~ar~ Kell~ ~elsofl (941J G42-29G? MAEY NELSON 780 South Collier B~vd. - apt, II~ ® Marco Island, EL ~1~5 ® ~I/6z~2-805i - OSJ£CTWE Member of the Marco Xsland Beach Renourishment Committee SKTLLS Current Part-time Seaturtle monitoring posltion requires that ! examine all of the beaches on Marco ~sland every day from April through October. ! llve on the beach and regularly walk portions during the remaining five months. Extensive knowledge of seaturtie nesting patterns and preservation activities. EDUCATION 30ohour Real Estate IJcensure course plus other continuing~ducation seminars National Banking !nstitute courses. 1961-1962, One year at ~ndiana University, Bloomington, 1961, graduated High School; Elkhart, !lq. EXPER:[ENCE 1991 to the present.... voluntaer and then Part-time (Recap)Pollution Control Specialist in the Pollution control Department/Environmental Services Division of Collier County in charge of the Seaturtle Monitoring Pro~ram on Marco T~land.. 1980-1991; Homemaker in Clarksbur~ NJ and 8rookllne, MA. 1976-1980; Continental Real Estate Sales Associate and member of the National Association of Realtors. 1970-1976; Service Steel Divison of Van Pelt Corp.; Skokie, IL; Head of Irwentory Department. Personal ! live full-tlme on Marco Xsland and am married (30 years) to Richard Nelson, a free-lance writer and biotechnology consultant and member of'the Collier County Planning Commision. We both are committed to protecting our uniqu, '~oc_~a£NOa' LT~M environment, beaches and habitat, t~o.~ DEC 1 6 1997 Fax Note 7672 Mr.. t'~rlet& ~ir~sland Sit VtiNd~ nf 14&rrm ~uit~ 12~l ~rcQ lei&ad, ftortd& 34145 Ks. Sue Ftlson. AdntniItrative All|Stint Collier County COIIi~l|Ofl 3301Taniant TrAil East N&ples. Florid& 34112 Oe&r Ns. F*lson It h&s eon~ to ny &tree, ton th&t there ts &n o~enln~ on tho K&rco [si&nd Be&ch A(lvisnry COllttteo. I would like to bo appointed to the I~reo lsltnd Belch Advisory Comittteo. Die&se &crept this expedited rosule' brief but to tho point. 1080 to present: Residing on the be&ch &t the &boys iddre$I with BY hUlband, Roy. Servit~ &l Board Kelber oR I~reo Association of Condo O~nern. Me&bar of tho K&rco Telnnd ¥oa&n'e Club And AiUlnl¢. lllO retire tn the Roiary Guild. AI & l~It ieIber of the ~trd or Otractor~ At S~Vindl ~ve ~en involved with ~11 ~fluen Involving the be~eh. tttended ~&oh Ro~uriahaent e&ch neath siflco restdin4 her~, JOGT to 1989~ R~tjr~d rrna the New York TaBes Advertistn~ ~pirtaent,.Nflu York City, H.Y. 18~5 to 1OS7: Advertising S&Jes~rson For tho SufFolk Son. Lo~ Island, 1963 to 10SS: office Afstnt&nt for Biker Industries, Iai&nd, Kother or seven grown children tM stz grandchildren, Z eta bo reached it 94t-842-9122. Oc/...C 1 6 't997 871 Colt~er Court #A2 Marco Itland, Florida 34145 (941)642-8890 ~ov. 17, 1997 Board of County Co~t~nera c/o Sue Fllso~ Board o! Cmmty Com[tsslonsrs 3301 Ta~ta~t Tr&ll ~st H~ples, ~ 3~112 Dear Boar~ O~ ~ty ~ss~oners: I ~ extreue~y ~nterested ~n be~nS considered fo~ · pos~t~on on ~e Island hath hnou~isbnt ~v~so~ ~ttee. AK~ached are ~ doc~en~n per~a~nin~ ~o ~ qualif~ca~ionn and prior business experience, ~thoush t~l data ~8 been prepared I~e aS,, I feel t~c the ~teri~ lo still r~elant. X have been associate4 ~th ~ny pro~e=to tht have ~4 beach pt,bleu, aud bye a ~oo4 ~r~S ~le4se o~ the"state of the att" in this area. ~ appointneat ~ld add a balau=e to the ~bet o~ people om thl.q c~tte ~o live ~ the beach, amd those th~ live on the water ae~otk syot~ o~ bays and ~s. Currently there are no m~ets o~ this c~ttee who live on the ~te~ays that ate influenced by ~t occurs ~ ~aa Pass ~d the apptox~te 2000 vatet ;tsar property ~ets on the S~th end o~ the Xshnd,~t~ Sam htco Eoad South to the ~ao Xu s~ X ~eel that X could Mb a positive couttibution, to the of this c~ittee. ~n~ you ;st cousidetins mY application. Barbara B Berry County Coumtsaioner Timothy ~natatine : t t Timothy Hancock : : ~ Pamela Kac' lie : : ~ John ~ot-ria : : ~ ita=ry CovZn Chairman, Marco Island City Council DEC 't 6 997 Pg J MES J. C P£NT;R 87t Collier Court #A2 Marco Island, Florida :34145 941 642-8890 S~O~ ~C~ ~th br~d and ~lve~fi~ e~n~ ~ ~d other business ven~. Proven mar~efln~ and o~ons of n~ ~li fl~te, ~onomSc d~lop~ent success~l e~rt~ · Evil~flns and s~ns '~ss r~' businesm In en~nmen~ where no 'road ma~" existed. · C~rdi~ted mul6~ldpi~ed teams dm~ ~m ~ely d~emnt ml~ms for the development o( ~io~ · Buiid~s pr~u~ve mhflo~ ~ So~rnment au~oflfl~ · lmplemen~S ~mmu~ development pm~ in a new to~ cantonment, · Marke~ n~ p~u~ · l~t~nS p~ne ~ ~l~nS p~blem ~al ~te · D~I~inS I~d lmplemen~nS econ~ development An aler~ ~1~ oriented and mlhble ~lf~er ~ a pmv~ ~rd st ~n~onJn~ inde~ndently in a ~de mnse of busine~ en~ronm~ I~li'LO~ KECOKD: Con.ult~nt Executive DIA, ct~ Pr~Id~t Assistant to the President General ManasinS Director EDUCATION: FFASONAL: ACTIVITIES, MllXi'AXY SI~YICF.3 1989-current -- Rc,.zource Plannin$ for New Buslnes~ 'ventures 1984-1989 -- Clearwater Floflda Downtown DLwelopment Board A quasi.~overflmental orSanlziflo~ responsible for promotiflS and Imple- mentin$ projects to revitaltze · t00 square block area tn downtown Clearwater, Florida. 1978-1984 -- Rubloff Development Company A real estate development company with interest in the development of resi- dential housin& offg:e buildings, Industrial parb and shoppin$ malls in Illinois. Florkia and Kansas. 1972-1978 -' Gulf Oil Real Estate Development Company $1:~ctal project actlvltie~ In the development of late mixed use real estate pwje~ts throughout the United States and abroad. 1960-1972 -- The Iranian lnvestmant and Development Company Mana~'d an Investment ami devdopment company formed by ~apttal contri- butions from the International oil a~mpen[es operattn~ in Iran to assist the Government of Iran to promote economic development In their count~7. 1956-!9S9 -- Morals 8~n Company 1954-1956 -- General Electric 1951-1954 -- Stevansofl-Jo~n & Harrison. New York B.S. Business and Ensineerins, Antioch ColieSe, 1951 Hei[~: 6'4' Wetsht: 225 lbs. Married - two childre~ Office of StnteSk: Service - Europe, North Africa, China NC) o_/_.~-/_-~---.-- DEC 16 1997 ANALYSL~ AND APPRAIgAL Ol~ lA,VOWS I. BY BOOZ-AtI.EI~ AN'D I-LAIVIILTON voic~ is concis~ and pleasant and his mann. ts .iax~ &ha menu~y ~ medium-sized precision castin$ company should provide I wine uase ot experience. ~c~ clerical lnd social ~,rvice. He w~s iesa atto'cmS m mec~mc~ a~u i~,.--~, · ......... which he flnd~ Iht'''~''' and challen~mg,. The~ is liUle aou~ mat ne precisely umose nmcuora - '"~'~ ...... -~ -~ ..... tensive is betty' equipp~ to ~'~Fze 8enera] ma~8mere prouse.~ rsm~ ,,-,., ,~,,: ,..t i~ industrhi en~ineerin$ studies of · limited ~ hl~y' qx, ci~Ized nature. overseas livin{, She is well educated and presentl~ worlcs as a tecnmcman ,u[ re,. ,,,.- L~ Columbus, Ohio~ We hishly recommend Carpenter am · fully qualified and mature candidate for the povltion of O:pnization and Productivity Analyst. We believe he will be a valuable contn'butin$ tndlvidu~l in this position. OEC 16 {997 ~l~..~~: To appoint I member to a 4 year term, expiring on October 6, 2001, on the Golden Gate Beautification Advisory Committee. _CONSIDERATIONS: This $ member committee assists the Board of County Commissioners in handling the matters pertaining to the taxing district which was formed for the purpose of beautification and maintenance of landscape improvements within the road right of way as descn'bed by ordinance boundaries. Terms are 4 years. A list of the current membership is included in the backup. The term for Cheryle L. Newman expired on October 6, 1997. A press release was issued and resumes were received from the following 3 interested citizens: Cheryle L. Newman (re-app0 William E. Arthur Glenn E. Wilt 3 yes 3 yes 3 yes COMMITTEE RECOMMENDATION: Reappointment ofCheryle L. Newman FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint I member to serve a 4 year term, and direct the County Attorney to prepare a resolution coni~rm~n$ tl~ appointment~ Prepared By: Sue Filson, Adminisuafive AssE-tam Board of County Commissioners Agenda Date: DECEMBER 16, I~97 DEC 1 6 1997 DATE: TO: FROM: 9E¢ ~- 1~97 December 9, 1997 Sue Filson, Administrative Assistant Board of County Commissioners Stephen F. Fabiano, Engineer H ~ Transportation, Landscape Services SUBJECT: GOLDEN GATE M.S.T.U. ADVISORY COMMITTEE At their regularly scheduled monthly meeting of September 9, 1997, the Golden Gate Beautification Advisory Committee unanimously voted to recommend to Board of County Commissioners that Mrs. Cheryle Newman be re-appointed to the advisory committee for an additional term. Should you have any questions or require any additional information, please contact me at 774-8494 ext. 7112. David F. Bobanick, Interim Director Transportation Department DEC 1 6 'L,qg? Pg o~ Summary of Minutes - Meeting of September 9, 1997 3. Minutes to the meeting of August 12, 1997: Se 413 - Correct verb in first sentence from was to were; 7A - Clarification - Golden Gate Beautification Committee grant application was ranked 5th; 9B - Public Works Administrator Ilschner's name was misspelled. Mark Houghton moved to accept the minutes as amended; seconded by Sabina Musci and carried unanimously. TRANSPORTATION ADMINISTRATIVE SERVICES B. Steve advised that the contract for secretarial services (#95-0217) was up for renewal. Bonner Bacon motioned to renew the contract with Mrs. Silano; seconded by Chuck McMahon and carried unanimously. D. Steve advised that he received adclidonal resumes after the July meeting. Cheryle Newman also submitted her resume for renewal. Chuck McMahon made a motion to accept Cheryle Newman for reappointment to the committee; seconded by Bonnet Bacon and carried unanimously. AGENOA DEC 16 1997 Golden Gate Beautification Advisory Committee Cheryle L. Newman 5101 31st Avenue, S.W. Naples, FL 34116 District: 3 Category: precinct 626 Mark W. Houghton 1748 46th S~et, S.W. Naples, FL 34116 District: 3 Category: Precinct 624 Sablna Musci 4470 32nd Avenue. S.W. Naples, FL 34116 District: :3 Category: Pre,mcr 627 Bonnet O. Bacon 2570 47th Terrace, S.W. Naples, FL 34116 Distn'ct: 3 Category: Precinct 623/626 Charles McMahon 44:33 20th Avenue, S.W. Naples, FL 34116 District: 3 Category: Pre~ct 625 Work Phone. Appt'.d E. rtn Date Term Home Phone DateRe-appt 2ndF~Datt 2nd Term 363-7969 11/07/95 10106/97 2 Years 434-6060 07/22/97 10/06/97 2 Mos 353.4021 7/22/97 10/06/01 4 Years 10/04/94 10/06/98 4 Years 11/07/95 10106/98 3 Years 455-4373 999-3498 05/27/97 10/06/99 1 Year 353.20e~, st~.- Steve FabiM~, Engineer I: TT4.M94 r'EM DEC 1 6 1997 Pg- .~. MEMORANDUM DATE: August 25, 1997 TO: FROM: Vinell Hills' Elecli°ns Office Sue Filson, Adminisu'ativc Assistant, Board of County Commissioners Voter Rcgisuation - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know ii'those listed below are registered voters in Collier County. Also, pi.ease list the commission district in which each applicant resides. BEAUTIFICATION ADV. COMM. COMMISSION DISTRICT Cheryle L. Newman 5101 31st Avenue, S.W. Naples, FL 34116 William E. Arthur 4200 22nd Place, S.W. Naples, FL 34116 Glenn E. Wilt 5019 31st Avenue, S.W. Naples, FL 34116 Thank you for your help. AGENDA ITEM NO._~~_ DEC 16 1997 MEMORANDUM DATE: TO: FROM: August 25, 1997 Steve Fabiano, Engineer I Sue Filson, Administrati.v¢.Assistan~Jo ' Board of Cotmty Coranussmners Golden Gate Beautification Advisorlt Committee As you know, we currently have 1 vacancy on the above.referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a rcsume for consideration. I have attached the resumes received for your review as follows: Cheryle L. Newman 5101 31 st Avenue, S.W. Naples, FL 34116 William E. Arthur 4200 22nd Place, S.W. Naples, FL 34116 Glenn E. Wilt 5019 31st Avenue, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Please categorize the appHcnnts in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENOA I,~ No, ./_,~ . DEC ! 6 1997 P'D. Augus -'- 2, Ms. Susan Filson Administrative Assistant Board of county Commissioners 330i East Tamiami Trail Naples, FLorida 34112-4977 SUBJECT: ~ Dear Ms. FLison, Please accept this Letter considered for re.appointment to as my formal request to be the above referenced adviso~7 committee. ! understand this ,~ll be for a 4-year term beginning October 7, 19~7 and continuing through October 6, 2001. and a T am a Naples resident. [lv£ng in Golden Gate re9istered vote~ in Collier countY. Civic [. am currently a member of the Golden Gate Area Association, the Volunteer code EnfOrcement patrol and a current member of this committee. [ have enclosed a recent ~esume for your files. [f you require additional £nformat£on. or ,£sh to discuss in further detail, feel free to contact me at the telephone numbeT [ndica~ed belo- and indicated on my resume. Thank you for your time [n considering my application for this ~osiCion. ..,~..~l~er¥1e/-L. Ne,man $10~ 31st~ Avenue. s,w. Naples, FlOrida 34116 941-353-7969 Ho._/ x 'X? .- DEC 1 6 1997 Cher¥~e L. Naples, F~orida 94~-353-7969 Grade $choo! - Fraser Public Schools Fraser, Michigan High School - Fraser Public Schools Fraser, Michigan Graduation - 3une ~964 Co[Zege - Big Rap£ds. Michigan Assoc£a~e Degree COMPANY - DETROIT. MICHIGAN NOV.1965 - JULY 1968 CLERK TYPIST/FiLE CLERK/STATIONERY STORES - SALES & ENGINEERING DEPT. Order and supoix ail stationery items Engineering Departments. Ali centra! Orders, etc. for the Sales Oepartmen=. co the Sales ana filing of Sales 0_~GN PROOUCTI~__~NCORPORATEO - ALEXANDRIA. VIRGIN[R SEPT. 1968 - APR:L i969 ASSISTANT TO: PRODUCTION MANAGER TRAFFIC MANAGER PURCHASING MANAGER ART DEPARTMENT MANAGER 'One Girl Office" 8UDD COMPANY - DETROIT. MICHIGAN FEB. 1970 - JAN. 1971 STENOGRAPHER - PURCHASING DEPARTMENT Secretary to the Capital Equipment Buyer, Head and Head Tooling Buyer. Steel Buyer AGENDA ~EM - DEC 1 6 997 EUDO COMPANY - ~.'[T.,,M:CMI~,.~.~ NOV. 3.973- 0EC. 3. c)93 PURCHASING DEPARTMENT i973-i98i - ~ECRETAR¥ i981-i984 - WHEEL & 8RAKE OIVI$ION CONFIDENTIAL SECRETARY i984-1985 - AOMINiSTRATIVE SECRETARY 1905-i989 - SENIOR aUYER MAY [98g-NOV. 1989 - CONFIDENTIAL SECRETARY TO THE PRESIDENT NOV. i989-DEC. 1993 - ADMINISTRATIVE A$SISTANT-~ENiOR EUYER ~tationery summ[ie~, per [~a3~l~ tooling, nut~ and bo!t~ Vice-President Golden Gate Area Civic Association Member Golden Gate Volunteer Code Enforcemen~ Groum Co-Chairman Golden Gate Beau~ifica=ion Advisory Committee Chairman - Golden Gate Civic A~oPC-A-Road Program vice-Chairman - Golden Gale Community Cen~er Advisory 8card AGENDA .o. DEC 1 6 1997 been a Cowry yta~ Gokitn Gatt for th, past Collier for 30 of ! own an ~i_~_~ ~ ia Gold~ Gate and k iS located oa tho Pax~way. This ~ me the expertise in handling 8~,,~ so that they a~ not wasted. I feel that ev~ though the mon~ ~otn~ from a specizl txxing district th~ it should be handled as if it wa~ conunong out of your own pocit~ I am a memb~ of th~ Golden Crud Cktmb~ and pt~mtly serving as Ttt~sum'. I have been with the Chamber sinc~ it w'~ founded and was a ~ of tl~ Btimtss ~ befo~ tl~ Clu:nb~ ~m~ ktto ~ I belong to the Naples Nitcs Lions Club and have a ped'ect attenda~ record of 30 )~-s. Also I am a Past Prcsidcnt of tl~ ~ Lions Eye Bank in ~ and am on that Board of Dim:tots. As a buismss man and owning a going profitabi~ ~ we formed a I~.'lng group for om' products and I am on that Board of Dit~____-~. Thanking you for your time, I sm 4200 22nd Plac~ S.W. Gold~: Gat~ .Ft..34116 AGENDA ITEId .o._ 70./'/- DEC 1 6 1997 RECE'~VED MaY 28, 1997 Ms. Susan Filson Administrative Assistant Board of county commissioners 3301 Tamlami Trail E. Naples, FL 34102 ~' 1(;0" SUBJECT: GOLDEN GA~= BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE- Dear Ms. Filson, Please accept this letter as mv request for consideration, to fill an open position on the above mentioned committee. I have enclosed a resume for your review. I am a resident, living In Golden Gate and a registered voter In Collier countY. I am currently a member of the Golden Gate Area Civic Assoclation, the Golden Gate Chamber of commerce, AJ~.R.P. and the Golden Gate Contractors Association. I have been recommended for this position bY the current Chairman Ms. Cheryle Newman. If you require additional informaUon, or wish to discuss in further detail, feel free to contact me at the telephone number listed below. Thank you for your time In consldeHng my application for this position. Sincerely; .~~_ ,,/ Glenn E. V~lt 5019 31St Ave SW Golden Gate, FL 34116: · . DEC 1 6 1997 GLENN E. WILT 5019 31 ST AVE SW GOLDEN GATE, FL 34116 D.O.B. OCTOBER 17, 1952 MARRIED, TWO CHILDREN CURRENT POSITION: EXECUTIVE DIRECTOR INTERNATIONAL ASSOCIATION OF BOMB TECHNICIANS AND INVESTIGATORS ( IABTi ) MR. WILT HAS BEEN THE EXECUTIVE DIRECTOR FOR THIS 4000 MEMBER ASSOCIATION, THE PAST 18 YEARS AND AS SUCH IS RESPONSIBLE FOR THE OVERALL MANAGEMENT OF THE BUSINESS OFFICE LOCATED IN GOLDEN GATE, FL. PRIOR TO MR. WILT ACCEPTING THIS POSITION HE WAS EMPLOYED BY THE U.S. TREASURY AS A EXPLOSIVE ENFORCEMENT OFFICER FOR THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS FOR 9 ~/~ YEARS. MR. WILT WAS WITH THE U. S. ARMY FOR 21 YEARS AS A EXPLOSIVE ORDNANCE DISPOSAL OFFICER AND AS SUCH HAS WORKED THROUGHOUT THE UNITED STATES AND THE EUROPEAN, ASIAN THEATERS OF OPERATION. HE IS A VETERAN OF THE KOREAN AND VIETNAM CONFUCTS. MR WILT HOLDS A MASTER EXPLOSWE ORDNANCE DISPOSAL RATING AND VARIOUS OTHER AWARDS AND DECORATIONS. HE RETIRED FROM THE U.S. ARMY - ORDNANCE CORPS - AS A LTCOL IN 1971. AGENDA DEC 16 1997 Pg.~ EXECUTIVE SUMMARY PETITION NO. DOA-97-2, WILLIAM R. VINES, OF VINES AND ASSOCIATES, INC., REPRESENTING RICHARD K. BENNETT, TRUSTEE, NATIONS BANK LAND TRUST #5222 FOR AN AMENDMENT TO THE TWELVE LAKES DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER, 87-1, RESOLI.rfION 87.4, AS AMENDED, FOR TI~ PURPOSE OF REDUCING THE NUMBER, OF ALrrHORIZED DWELLING UNITS FROM 1310 TO 1000 AND TI~ AMOUNT OF COMMERCIAL FLOOR SPACE FROM 160,000 TO 112,500 SQ. FT.; REVISING THE DATE BY WHICH TIME SIGNIFICANT PHYSICAL DEVELOPMENT WAS TO HAVE COMMENCED; DATE PRIOR, TO WHICH NO DOWN ZONING ACTION COULD OCCUI~ AMENDING TRANSPORTATION CONDITIONS AND REVISING THE PHASING SCHEDULE FOR PR`OPER`TY LOCATED ON THE NOKTH SIDE OF DAVIS BOULEVAKD WHICH EXTENDS NOR,TH TO RADIO ROAD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIEK COUNTY, FLORIDA. OBfECTIVE: This petition seeks to have the Twelve Lakes Development of Regional Impact (DRI) Development Order amended for the purpose of ex~ending the date development was to have begun, revising the phasing schedule, and the date from which no action to down zone or otherwise effect a density or intensity reduction. Following the petitions entry into our review process, staff advised that it would be recommending a reduction in density and intensity of commercial development, namely a reduction of residential units from 1310 to 1000 and commercial area from 160,000 sq. fl. to 112,500 sq. fl. The petitioners agreed with these revisions which have been incorporated in the Development Order amendment. CONSIDERATIONS: The Twelve Lakes DRI/PUD is located on the north side of Davis Boulevard and ex~ends through to Radio Road approximately one-half mile east of Santa Barbara Boulevard. This petition is for the purpose of amending the Twelve Lakes DRI Development Order to effect changes that would extend the date by which time physical development was to have begun, specifically an additional seven (7) years (i.e. 2002). This amendment, will therefore, also similarly impact the proposed development phasing schedule, and the number of years when the project was to be exempt fi.om down zoning. Previous amendments to the Twelve Lakes Development Order extended the time frame for initial development by five ($) years and accordingly amended the phasing schedule. Additionally in the process of making these rgvisions there will be a reduction in the number of dwelling units from 1310 to 1000 and commercial floor area from 160,000 to 112,$00 square feet. 1 1. Original Twelve Lakes Development Order $7-1 adopted by BCC on February 10, 1987. 2. Conclusion of appeal process resulted in rrmdoption as amended on April 19. 1987. This is thc (tolling) date. 3. On April 7, 1992 BCC amended by D.O. 92-1, Resolution 92-222 initial construction date by three (3) years to _April 19. 1995. 4. On February 21, 1995 BCC amended by Resolution 95-144 the initial conslruction date by two (2) additional years to April 19. 1997. 5. This amendment will result in a phasing schedule and initial construction date as follows: X Buildout TOTAl, Total Dwellina Units Commercial Area ~Zfi o 301 200 11.25' :::iii o 1,21~,],..~ 11.25 Note: Each of the above listed phase end dates terminate on April 19 ofth¢ listed year. The Development Order deadline for commencing physical development will be extended from April 19, 1997 to April 19, 2002 under this amendment. The Collier County Planning Commission heard this petition on November 20, 1997 and unanimously (7 to 0) recommended approval of this petition as presented. No person spoke or otherwise communicated any level of objection to this petition. FISCAL IMPAq: This amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will b~ developed. The mere fact that new development has been approved will result in a futuro fiscal impact on County public facilities. The County collects impact fees prior to the issuanc~ of building permits to help off-set the impact of each new development on public facilities. These '.impact f~s ar~ used to fund hnpmv~ent Element needed to maintain adopted levels of servico for public facil~tics. 1t~.~ .......................... , ........... that impact fee collections arc inadequate to maintain adopted lcvcls of' service, thc County must provide supplemental funds fi-om other revenue sourccs in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions ofthe Growth Management Plan can not havc an impact on thc Collicr County Growth Managcment Plan. This petition was revicwed for consistency and was found to be consistent with all provisions oftbe Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that thc petitioner's propcxly is located outside an area of historical and archaeological probability as referenced on tho official Collier County Probability Map. Tbereforc, no Historical/Archaeological Survey and Assessm~t is required. PLANNING COMMISSION RECObiMENDATION: That tho Board of County Commissioners approve Petition DOA-97-2 representing an amendment to thc Twclve Lakes DRI Development Order having the effect of extending thc dat.c, development was to have be/un, revising the phasing sch. edule, and the date from which no further act/ohs to down zone or otherwise effect a density or intenstty reduction be approved as dcscn'bed by tho draft Dcvelopmcnt CI~//F PLANNER O Vl ,W Sv: DATE DONALD W. ARNOLD, AICP DATE VIN~NT A. CA~'ERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DOA-97-2 EX SUMMARY/md 3 DEC 1 6 1997 TO: FROM: DATE: RE: COLLIER COMMUI' ~R.,Y 21,199'7 PETITION NO: OWNER~AGENT: Agent: [MISSION /ICES DMSION AGENDA DOA-97-2, TWELVE LAKES William P.. Vines Vines & Associates, Inc. 800 Harbour Drive Naples, Florida 34103 Richard K. Bennett, Trustee $65 Fifth Avenue South Naples, Florida 34102 (Beneficiaries ar~ included with the application) ITEM 7-G REQUESTED ACTION: This petition seeks to have the Twelve Lakes Development of Regional Impact (DR1) Development Order amended for the purpose of ~xtending the date development was to have begun, revising thc phasing schedule, and the date from which no action to down zone or otherwise effect a density or intensity reduction. Following the petitions ent:y into our review process, staff advised that it would be recommending a reduction in demity and intemity of commercial development, namely a reduction of residential units from 1310 to 1000 and commercial area from 160,000 sq. fi. to 112,500 sq. fl. Staff is advised by legal staff that we are reswained from making any reductions to the commercial area because it is inconsistent with the FLUE and we either acknowledge the inconsistent commercial area or requir~ its deletion entirely. Therefore, the amended Development Order with figs restraint only provides for a density reduction at figs time. GEOGRAPHIC LOCATION: The Twelve Lakes DRI/PUD is located on the north side of Davis Boulevard and extends through to Barbara Boulevard (see location map one-half mile east of Santa Radio Road approximately following page). I:IE0 16 1997 I l! ---- PURPOSE/DESCRIPTION OF PROJECT: This petition is for the purpose of amending thc Twelve Lakes DRI Development Order to cftect changes that would extend the date by which time physical development was to have begun, specifically an additional seven (7) years (i.e. 2002). This amendment, will therefore, also similarly impact the proposed development phasing schedule, and the number of years when the project was to be exempt from down zoning. Previous amendments to the Twelve Lakes Development Order extended the time frame for initial development by five (5) years and accordingly amended the phasing schedule. Additionally in the process of making these revisions there will be a reduction in the number of dwelling units from 1310 to I000. BACKGROUND 1. Original Twelve Lakes Development Order 87-1 adopted by BCC on February 10, 1987. e Conclusion of appeal process resulted in readoption as amended on April 19, 1987. This is the (toiling) date. On April 7, 1992 BCC amended by D.O. 92-1, Resolution 92-222 initial construction date by thr~ (3) years to April 19, 1995. On February 21, 1995 BCC amended by Resolution 95-144 the initial construction date by two (2) additional years to April 19, 1997. This amendment will result in a phasing schedule and initial construction date as follows: Total Phase Duration Dwelling Units Commercial Area I 1992-199S 2002 21~ 250 0 II 1 oot 1997 2002 2004 2117. 250 0 III 1994 1990 2004 2006 _I(11 200 11.25 IV Ioo~ ~c~l 2006 2008 2..3.2 150 0 2008 2010 ~ol 150 0 TOTAL ~ 1000 I 1.25 Note: Each ofthe above listed phase end dates terminate on April 19 ofthe listed year. The Development Order deadline for commencing physical development wil from April 19, 1997 to April 19, 2002 under this amendment . As currently approved Twelve Lakes is authorized to develop 1310 dwelling units and I60,000 gross square feet of commercial space. Twelve Lakes comprises an area of 262 acres. Southwest Regional Planning Council: On Thursday, June 19, 1997 the Southwest Florida Regional Planning Council (SWFRPC) adopted the following staff recommendations as the SWFRPC's official recommendations regarding above-referenced Notification of Proposed Change. As stated in the revised recommendations, the Council has authorized Regional staffto undertake the following actions: With this letter, Council staff is notifying Collier County, the Florida Department of Community Affairs and the applicant that, provided that SWFRPC staffs recommended transportation language and phasing schedule are included within any development order amendments related to the proposed changes, said changes do not create additional regional impacts. The Southwest Florida Regional Planning Council authorizes Regional staffto attend the local government public hearing, if staff is so requested by Collier County staff, for the purpose of providing technical assistance. The SWFRPC requests that Collier County staff provide Regional staff with copies of any development order amendments related to the proposed changes. Department of Community Affairs: By letter dated July 21, 1997, the DCA provided notice that it had no objection to the proposed changes. STAFF REVIEW: Amendments to DRFs relative to timelines for when development actions arc to occur and the pace of development are typically viewed as insubstantial revisions and consequently perfunctorily approved. This is typically the case for extensions of five (5) years less one day. Taken cumulatively with the two previous phasing extensions, the proposed changes represent a twelve (12) year extension of the development commencement date (from 1992 to 2004) and of the buildout date (from 1998 to 2010). Section 380.06(19)(c) Florida Statutes, reads, in part, as follows: "An extension of the date ofbuildout cfa development, or any phase thereof, by 7 or more years shall be presumed to create a substantial deviation subject to further development.of-regional-impact review. These presumptions may be rebutted by clear and convincing evidence at the public heating held by the local government." Staff of the regional planning commission in rcvic~ng the amendment concludes does not require further development of regional impact review provided certain n made to transportation conditions. Regional staff also recommends further mo~ 3 ifieation to th~" DEO 1 6 1997 phasing schedule amendment proposed by the petitioner to make the phases consecutive rather than overlapping as they now do and to account for the elapsed start up date. Similarly, staff of DCA advised that it did not object to extending effective approval time frames. Notwithstanding the above, the Board of County Commissioners is not precluded from evaluating the status of Twelve Lakes in relationship to current GM? goals, objectives and policies, and in particular the Future Land Use element of said GMP. With respect to current authorized land uses the commercial tract (i.e. 11.25 acres), and 160,000 gross floor area of commercial space is technically inconsistent with the FLUE. Policy 5.1 ofthe FLUE provides as follows: All rezonings must be consistent with this Growth Management Plan. Planning Unit Developments (PUD) approved prior to adoption of the Plan (1anuary 10, 1989) and found to be consistent through the Zoning Re-evaluation Program will be permitted to make changes provided the amount of commercial land use, permitted number of dwelling units and the intensity of development allowed by the PUD (including impacts to roads, water, sewer, drainage, solid waste and parks) are not increased. Changes to residential zoning districts which constitute a reduction in density will also be permitted. In the opinion of staff the issues present go beyond whether or not the land uses are vested or not vested. Staffis of the opinion that none of the land uses are vested, and as evidence to this statement we cite the provision in the current development order which provided exemption from down zoning to the year 1997 (April 19). Therefore, it is the opinion of staffthat the local governing body may down zone the land area known as Twelve lakes, however, an action of this manner must take into account other private property fights relative to zoning that may unnecessarily result in litigation. It is this presumption which leads staff to recommend that some reduction to the amount of commercial development now enjoyed by the current development order be required and that this action is preferable to implied alternatives. Staffis of the opinion that this vesting status ended on April 19, 1997 which is the current applicable date subject to down-zoning, notwithstanding other state laws relative to a rezoning action that may cause a diminution to property values. Presumptively any action to change development intensity or density would have to be accompanied by an amendment to the Twelve Lakes PUD. With respect to density it should be noted that the current density is 5.22 dwelling units per acre (i.e. 1310 d.u.'s + 250.78 ac.). The base density for the property is four (4) dwelling units per acre. Application of the density rating w/stem would authorize up to eight (8) dwelling units per acre in part, and five (5) dwelling units per acre for the balance of the property not included in the one mile density band. Given its density band relationships staff is of the opinion that approximately 1400 dwelling units is thc maximum number of dwelling units that could otherwise have been authorized if we were dealing with this in the context of current density guidelines. Technically, the density is consistent with the FLUE. Record documents advise that after accounting for preserve areas, water management requirements and road~ the net area for t~idenfial u~eage is approximately 110 acres. For all practical purposes residential development would totally have to be in the form of multiple- family housing at a net density oftwelve (12) units per acre to maximize the curt at au DEC 6 1997' In the opinion of staff, given the status of'the current DILl Development Order, we would be justified in re-evaluating the cun-ently authorized amount of' development intensity and density even though it is currently consistent with the FLUE but nonetheless no longer vested. To justify its current DRI status, one thousand (I000) dwelling units represents one hundred (100%) percent of the threshold making for DRI status. Current density relationships to abutting or nearby projects have densities ranging from 3.99 dwelling units per acre to 12.46 dwelling units per acre. Sabal Lakes and the Wildwood Estates PUD both are contiguous the west side of Twelve Lakes and authorized density for these two PUD's is 3.99 and 12.46 dwelling unit per acre respectively. Sabal Lakes is a single family development while the Wildwood Estates land area that is developed is multi-family in character. Opposite Twelve Lakes is the Green Heron (a.k.a. Sapphire Lakes) development. The authorized density is 5.4 dwelling units per acre, and is characterized by multi-family type housing. Technically, the commercial land area is inconsistent with the FLUE, however, the mixed use threshold does not apply, because the residential threshold by itself constitutes a DRL Therefore a reduction in commercial development of' any magnitude would not serve as a vehicle to opt out of its DR/status. As a rule of thumb, the amount of commercial floor space authorized in rezoning actions has been I0,000 square feet per one (1) acre of land area, however, there are instances where greater ratio's have been exercised. Based on this ratio, and the size of the commercial tract (i.e. 11.25 acres), a reduction to 112,500 gross square feet would be consistent with this rule of thumb standard. With respect to revisions to the time development events are to take place, specifically, the build out, and down-zoning dates, staff is of the opinion that these revisions in the context of today's impact relationships arc mitigated by revisions to transportation conditions which will update LOS relationships over time. STAFF RECOMMENDATION_'. That the Collier County Planning Commission recommend approval of Petition DOA-97-2 representing an amendment to the Twelve Lakes DR/Development Order having the effect of extending thc date development was to have begun, revising the phasing schedule and the date from which no further actions to down zone or othenvise effect a density or intensity reduction be approved as described by the draft Development Order amendment, provided further that the authorized land uses be limited to 1,000 dwelling units and 112,500 sq. ft. of commercial floor space. AGE~DA,ffE¥ , ~ . Pg. ~ I~VIEW]H) BY: J. MULHER.~, AICP DONALD W. ARNOLD, AICP p~S£RVICES~ DIRECTOI?.~' VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRO~~ SVCS. P,stition Numbcr: DOA-97-2 StaffRcport for Nov~'nbcr 20, 1997 CCPC m~ting. COLLIER COUNTY PL~OMMISSION: MI(~AEL A. DAVIS, DOA-97-2 STAFF REPORT/md AGENDA REM - .o. DEC 1 6 1997 PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) Applicant's Mailing Address 865 Fifth Avenue. So. City Haoles State Applicant's Telephone Number: Res.: Richard K. Bennett. Trustee FL BUS.: Zip ~ 941/262-0400 Is the applicant the owner of the subject property? X _ Yes No X .. (a) If applicant is a land trust, so indicate and na~ne beneficiaries below. .. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) if applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. . (e) If applicant is a lessee, attach copy of lease, and Indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. 'Beneficiaries are listed in the Twelve Lakes ADA. Name of Agent William R. Vines _ Firm ~nes & Associates. Inc. Agent's Mailing Address 800 Harbour Drive City Haoles State FL Zip_34103 Agent's Telephone Number: Res.: Bus.: 9¢11262-41 3. PUD ORDINANCE NAME AND NUMBER: Twelve Lakes. Ordinance 87-4 e 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. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 4 TOWNSHIP !~0 South RANGE_~,,~.E0.,~[~ That portion of the east half of Section 4, Township 50 South, Range 26 East, Collier County Florida, located north of the right-of-way for Davis Boulevard (SR S-856) and south of the right-of-way for Radio Road (SR S-858). 5. Address or location of subject property: See 4. above. 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.) No, e TYPE OF AMENDMENT: A. PUD Document Language Amendment B. PUD Master Plan Amendment X C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X . Yes . No If no, explain: 1997 10. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No, PETITION NO .... DATE HAS ANY PORTION OF THE PUD BEEN No SOLD AND/OR N9 DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes X No IFYES, DESCRIBE: {Attach additional sheets if necessary). I, Richard K. Bennett being first duly sworn, depose and say that I am the Trustee 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, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. RICHARD K. BENNETt, TRUSTEE DEC 1 6 1997 State of Florida County of Collier The foregoing Application was acknowledged before me this 2Oth day of June 1.~,4<x4~by , Richard K. Bennett, who is personally known to me or who has produced ~ ~ as identification and who did (did not) take an oath. SEAl. NOTARY PUBLIC Serial/Commission No. My Commission Expires: DEC 1 6 1997 . /4- Nov-13-g? l~fO4A Pa~'kl~, Benfle~.t. & 5t. mwzar.t, g4~-26~-864~ P.O: t ' 199~ COLI P. obefl LBiselaw 1.00 CEaton M. ~ 3.00 Edgar E. Dav~s 2.50 Edf~r E. Davis P.A., t'/S 2.~0 J. Dml or lV[m'~edte Trrvls 1.00 Fad L Fr~e I0.00 John I. Ne;ins 2.50 ,~ 2.50 Sunbelt Pn~. 2.50 Jv0chad A. Ci;,ohm 2.00 Audze L. IJz Mmey Air 1.00 $ldS D. S~vkt I.O0 Dorothy E. Frcr~d !.00 AGENDA ffEM . DEC 1 6' 1997 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 9041488-4927 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES (SHORT FORM AS MODIFIED BY SWFRPC) Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. I, WILLIAM R. VINES, the undersigned authorized representative of NationsBank Land Trust #5222, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. in support thereof, I submit the following information concerning the TWELVE LAKES development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. June 7. 1997 Date e e Applicant: Richard K. Bennett, Trustee NationsBank Land Trust #5222 865 Fifth Avenue, South Naples, Florida 34102 941/262-0400 Authorized Agent: William R. Vines Vines & Associates, Inc. 800 Harbour Drive Naples, Florida 34103 941/262-4164 Location: Collier County, Township 50S, Range 26E, Section 4 i~ovida a complete descr/pgon of the I~'Oposed change. Include any proposed changes to the plan of development, phasing, adO1tional lands, commencement date, build-out date, development order conditione and requirements, or to the representations contained in either the development order Or the Application for Development Approval. Indicate such changes on the project master ~ite plan, supplementing with oth~ detaNed maps, as appropriate. Additional Information may be requested by t~e Dep~nt or any ~v~ew~ng agency to ~rify the nature of the chan~e or the resulting im~ct$. The entire Twelve Lakes site has for several years been under a purchase option to a development organization, but because of environmental constraints and various other problems experienced by the purchase option holder, closing on the property has not occurred and development of the project has not yet been initiated. It is now proposed that the Twelve Lakes Development Order be further modified by extending the mandatory development initiation date an additional 7 years, and that the estimated development phase duration, as initially approved and subsequently extended by 5 years, be modified to reflect the additional 7 year extension. At present, two tracts of land in the northern portion of the Twelve Lakes project have been sold and are subject to a mortgage held by the Twelve Lakes landowners. Those two tracts of land lie within development Phase I, and presumably will be the area of initial Twelve Lakes development. They currently are in the ~levelopment permit processing stage. No land is being added to or deleted from the approved Twelve Lakes project. No modification to the approved Twelve Lakes Master Development Plan is proposed. No changes are proposed other than an extension of the mandatory development initiation date, corresponding development phase dates, down zoning and density reduction prohibition date, and up¢ transportation conditions. 2 1997 Se The Southwest Florida Regional Planning Council staff has prepared an updated traffic impact study and has determined appropriate adjustments to the transportation conditions within the Development Order. List al the dates and resolution numbers (or other ·pproprlate Identification numb,fsi of a8 modifications or amendments to the origina#y ·pprcved DRI development order that have been · dopted by the local government, and provide · brief description of the previous changes. Has there been · change In local governmant /urisdiction for sny portion of the development ~/nce the last approval or development order was Issued? If so, has the annexing local government adopted · new DRI development order for the project? The original Twelve Lakes Development Order, D.O. 87-1, adopted by Collier County February 10, 1987 by Resolution 87-4, provided that if significant physical development has not commenced within 5 years, development approval will terminate. On April 19, 1987, following an appeal by DCA, Collier County amended Development Order 87-1 via Resolution 87-110, by making various wording changes. April 19, 1987 is deemed to be the beginning date for the time period which the Development Order and any subsequent amendment indicates physical development of the project must commence. On April 7, 1992, Collier County adopted an amended Twelve Lakes Development Order, D.O. 92-1 via Resolution 92-22, which extended the mandatory construction beginning date by 3 years, and modified the Master Development Plan by converting the no longer necessary sewage treatment plant site to a residential site and modifying development phase boundaries and sequence. On February 21, 1995, Collier County adopted Development Order 95-144 which extended the mandatory development initiation date an additional 2 years, and made corresponding adjustments to the development phasing schedule. There has been no change in local government jurisdiction for any portion of the project since the original D.O. was adopted. Describe any lands purchased or optioned within 1/4 m;s of the original ORI slta subsequent to the original ·pproval or Issuance of the DRI development order. Identify such land, Its size, intended use, and a~acent non-~/ect ~nd uses within f~ ~e on a ~/ect ~ster site p~n or other ~p. No additional lands have been purchased or optioned. Does the proposed change result in · change to the huEd. out date or any phasing date of the project? If so, Indicate the proposed new buDd-out or phasing dates. The proposed change will modify the estimated phasing dates in the following manner: 3 - AGE DA EM DEC 1 6 1997 nlm I I II II I I I II I II I IIIIII I I I I II IIII IIII-- Total Phase ~ Dwellin0 Units Commercial Area I 1992-;-99~ ~ 269 0 II 1993-~99-7- ~ 207 0 III 1994--1-99~ ~ 301 11.25 IV 1996.2001- ~ 232 0 V 1998-2003 ~ 301 0 TOTAL 1,310 11.25 Note: 10. Each of the above listed phase end dates terminate on April 18 of the listed year. W',JI the proposed change require an amendment to the local government comprehensive plan? If so, provue the foffowing for Incorporation Into such an amended deve~p~nt ~, ~ ~uant to ~u~ec~n$ 380.0~(15l, F.S., and 9J-2.025, Rot/da Ad~n~ffa~e An updated master site p~n or other map of the development portraying and gflstingulsMng the proposed changes to the previously, ·ppreved DRI; Pursuant to Sub~ectlon 380. O$(19Jff), F.,~, Inctud~ tl~ prec~e language t~t ~ being ~sed to ~ d~t~ o~ add~ ~ an a~nt to t~ de~nt ~. T~ ~n~a~ shouM ad~ and quanEfy d ~s~ s~ c~n~s to the nature, p~g, and bu~ ~te of t~ ~p~nt ~~ mv~ ~ve~nt o~ con~ns a~ ~u~n~; g~ ~ a~ to com~nts and m~senM~ns ~ the Ap~n f~ ~~nt Ap~v~; ad~t~ns or de~ns to the ·crc·ge at~uM~ to each des~ ~sed chen~ or.nd use; ~clu~ng o~n s~ce, ~as of ~s~a~n, a~ ~en ~; c~nges, editions or de/aEons to the ty~ or a~unt of s~t~s; oth~ ~s~ ~ve~nts, Inclu~ng ~catlons, squam foota~, numb~ of u~s; a~ other ~or cherecter~s or components of the ~sed change; and Include an updated legal description of the property, if any pro/act acreage i~ being, or has been, added to or deleted from the previously approved plan of development. The proposed change will not require an amendment to the Collier County Comprehensive Plan. As applicable, Include · proposed emended development order deadline for commencing physical development of the proposed change& It is proposed that the Development Order deadline for cot development be extended from April 19, 1997 to April 19, 4 1997 Previously amended Item 3 at Page 3 of D.O. 92-3 shall be further amended to read as follows: 3. The Development Order shall remain in effect for the duration of the proiect. However, in the event that significant physical development has not commenced within Collier County within °-"'~'~',~.., ,v, ~~~. _~;_..~...:i~;. years, development approval will terminate and this Development Order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. Previously amended Item 7 at Page 3 of D.O. 92-3 shall be further amended to read as follows: 7. The Board of County Commissioners agrees that this project shall not be subject to down-zoning, unit density reduction or intensity reduction for a period of °-- ~.n~ .... , ,., ~ years from the date of approval of this project, unless the local government can demonstrate that substantial changes in the conditions underlying the approval of the Development Order was based on substantially inaccurate information provided by the Developer, or that the change is clearly established by local government to be essential to the public health, safety or welfare. 6 AGENDA ITEM _ DEC 1 6 1997 11. 12. ff the proposed changes would necessitate alteration of the adopted development otder tetm/nation date, Include a proposed development order termination date which reflects the time required to complete the development. Describe andJustify the proposed development order termination date. The development phasing schedule indicates that development will be completed in the year 2003. It is proposed that the development phasing schedule be modified to indicate that development will be completed in the year 2010. Include a proposed amended development order date untJ which the local government agrees that the changes to the DRI shal not be sub, oct to down.zoning, unit density reduction, or Intensity reduction, If applicable. It is proposed that the Development Order not be subject to down-zoning, unit densiW reduction, or intensity reduction for 17 years from May 19, 1987, as opposed to the current 10 years from that date. 13. Include any proposed amended development order apecilTcatfona for the annual report, Including the data of submission, contents, and part/es to whom the report Is submitted as specified In Subsection 9J-2.025(7), F.A.C. No changes are proposed for any of these items. The sections of the previously amended Twelve Lakes Development Order 95-144 which contain proposed changes follow, with the proposed deletions indicated by ~4ee-th~,e,d~h, and the proposed additions indicated by ~ The previously amended phasing schedule of the Application for Development Approval, Exhibit "B" to Development Order 87-1, shall be further amended to read as follows: Total Phase D. ACQLig. D Dwellinq Units Commercial Area I 1992--1-99E-~ 269 0 1993--1-gg-7- ~ 207 0 Iii 301 11.25 IV 232 0 V 1998-2003 ~ 301 0 TOTAL 1,310 11.25 5 AGENDA ITEM DEC 16 1997 .......... i I II II I I IIIII III IIIIIIII .... ~11111 IIII ml~ 12-3-97 RESOLUTION NUMBER DEVELOPMENT ORDER A RESOLUTION AMENDING DEVELOPMENT ORDER 87-1, AS AMENDED, FOR THE TWELVE tAKES DEVELOPMENT OF REGIONAL IMPACT IDRI)o BY PROVIDING FOR: SECTION ONE A, AMENDING THE PHASING $CHEDUt. E BY EXTENDING THE TIMES FOR COMPLETION OF EACH PHASE AND REDUCING THE NUMBER OF UNITS IN EACH PHASE; SECTION ONE B, AMENDING OTHER SECTIONS WITHIN THE DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR COMMENCEMENT OF CONSTRUCTION AND PERIOD OF TIME EXEMPT FROM DOWN-ZONING; SECTION ONE C, AMENDING SECTION 3, TRANSPORTATION, TO UPDATE ITS PROVISIONS; SECTION TWO, FINDINGS OF FACT WHICH INCLUDES A REDUCTION IN COMMERCIAL DEVELOPMENT INTENSITY; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMI't'I'AL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved development Order 87-1, which approved a Development of Regional Impact {DRI} known as Twelve Lakes on February 10, 1987; and WHEREAS, as a result of changes requested by the Department of Community Affairs, the Board of County Commissioners approved Resolution Number 87-110, which amended the Twelve lakes Development Order, on May 17, 1987; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit 'A' to the' Development Order; and WHEREAS, the owners of the DRI property desire to: 1. Extend the date by which physical development is to begin. 2. Modify the project phase dates. 3. Extend the dates until which down-zoning, density reduction, or intensity reduction shall not occur 4. Reduce the permitted residential and commercial development intensity, end to 5. Update the Transportation Conditions; and Ho. ~ / Words !ti~d.e.-.d ara additions; Richard K. Bennett, Trustee, NatlonsBenk Land Trust ~5222, petitioned the Board of County Commissioners of Collier County, Florlda to amend the Development Order; end WHEREAS, the Coffier County Planning Commission has reviewed and considered the report end recommendations of the Southwest Florida Regional Planning Council (SWFRPC} and held public hearings on the petition on September 4. 1997 end November 20. 1997, and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and held e public hearing on the petition on December 16. 1997. NOW, THEREFORE. BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida. that: SECTION ONE. AMENDMENT OF DEVELOPMENT ~RDE.R A. The Phasing Schedule of the Application for Development Approval, Exhibit 'B° to the Development Order 87-1, es emended, for Twelve Lakes is hereby emended to read as follows= Total I I CC~.- 1C.~= 1997-2002 269250 0 II +99~r99-72003-2004 ~.C7250 0 III +994-+9992005-2006 .~C1200 11.25 * IV +eee-L~e+2007,2008 -"~=15o 0 V +998-[~)g2009-2010 ecl 150 0 Buildout Total I.,~I01;000 11.25' Note: Each of the above listed phase end dates terminate of the listed year.' B. Paragraph 3 and Paragraph 7 of an untitled Words j.l~'~..l.~ ere additions= Words ~ are deletions. 2 Order 87-1, as amended, for Twelve Lakes Is hereby amended to read es follows: 3. The Development Order shall remain in effect for the duration of the project. However. in the event that slgn~flcant physical development has not commenced within Collier County within ten--(-H~evente'enl (17} years, development approval will terminate and this Development Order shall no longer be effective. For purposes of this requirement "significant physical development' does not include roads, drainage or landscaping but does include construction of buildings or Installation of utilities end facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. 7. The Board of County Commissioners agrees that this project shall not be subject to down-zoning, until density reduction or intensity reduction for a period of teTr-f~-8~aventeen (17! yeara from the date of approval of this pro]mc't, unless the local government can demonstrate that substantial changes in the conditions underlying the approval of the Development Order was based on substantially Inaccurate information provided by the Developer. or that the change is clearly established by local government to be essential to the public health, safety or welfare. C. Section 3. 'Transportation', of Development Order 87-1, as amended, ia hereby amended to read as follows: 3, TRANSPORTATION: Traffic generated by Twelve Lakes DRI, when combined with other growth in the area, will necessitate improvements to SR 84 {Davis Boulevard}, Radio Road, Santa Barbara Boulevard end County Barn Road if adopted level of service 'C' conditions are to be maintained. Reglor~l Candltlons'. ~lt~latid toad~Y':and lntera'ect!c~ri Tmj~.rover :T,...v'~,l~&~,.Lik~'~',, DRI.; The applicant shall I ~r.o-~ii~tr~:~fe.~i~ate~;~f :the','Eoit for any inl (including but not limited to slgnallzatlon, t~ Words ~ ~re additions; Words &~{.~k ~,~a~h ara deletlons. bJ through lanesl found to be necessary by the Collier County Transportation Department or the Florida Department of Transportation for the pro}act's access intersections onto Davis Boulevard and Radio Rdad throughout all phases of the development. The site access points Sl~a~l:.b~ located and devill0Ped i:0r~$is'[ent wlth Collier County's or the Fldfl;le' Departrneht'Of.TransP0rtadon's :aCCeSS management standards e ftd-perrntt?e ~Ui~ementj~ Adequate commitments shall be made UY:CoI~e~' County Or the appl~cant k~'ib'eCifi~l.h~iln to provide the total Improvements. Including but not ~:tO right-of-way, signalization, turn lanes, and other improvements diFrfiiil necessary b~.C5111ir':Cd[mt~'6~:' the Floridi' Department of Tr~n'ip0~titloii to maintain th'lTldol~tid Level of Service "C.", ~,-, ~,~ o,.,~o, ~ ~o,,~ ~o.,. on the roadways and intersections signiflcanth/Impacted by this DRI development through its buildout. ......................... f,-o ....... ~¥~=~P~-,~ ' ............... .... ' - =~, [The following roadways and intersections are expected to be ~ub~[~n[;~::y~lgniflcantly impacted by this development (5% of the adopted level of service capeclty of the roadway) and are forecasted to. fall below the adopted level of service standard prior to Proje¢[~; ;;~ buildout. Regi~aiRoadways: SR84 (Davls Rot~levard} Airport-Pulling Road to Kings Way Kings Way to County Barn Road County Barn Road to Santa Barbara Boulevard Santa Barbara Boulevard to Twelve Lakes south entrance Twelve Lakes south entrance to TWelve Lakes north entranceC--R Radio Road to [CR 951} Isles of Capri Road CR fl~ (Radlo Road} Santa Barbara Boulevard to Twelve Lakes Entrance County Barn Read I-' · Davis Boulevard to Rattlesnake Hammo~[k Words ~. ara additions; Words ~[,.~.k [h~.~;-, are deletlonl. 4 AGENDAJTEJ4. Roa~lo. DEC 16 1997 Santa Barbara BoUlegard G~lden:Gjt~e: ParEwa'~,.Ab: Ri'~]i~ R0id Intersections= Davis Boulevard at CR 951 Davis Boulevard at Radio Road Davis Boulevard at Santa Barbara Davis Boulevard at County Barn Road Davis Boulevard at Kings Way Davis Boulevard at Airport-Pulling Road Airport. Pulling Road at Radio Road Radio Road at Kings Way Radio Road at Santa Barbara Serita-'B aYb'ariTa~ Golden' G ~te'Pi'ri~ai~ =i=heTiming for the Initiation of the Improvements outlined in recommendations 'b" above shall be made at the time that a road segment/intersection is found to exceed the level of service standard c pl adopted, lathe local omprehenslve a~"C' ,, ..... ~.~ .... ~ Service level determination shall be made by the appropriate County Department or FDOT, To determine the existing levels of service on regional facilities and the need for the Improvements in a timely manner. the applicant shall submit an annual monitoring report to the Collier County Transportation Department, the Florida Department of Communky Aff~TrJ*~{DCA~ FDOT and the Southwest Florida Regional Planning Council for review. The first monitoring report shall be submitted one year after the Issuance of the emended DeVelopment Orde~ pewni~ for Twelve Lakes. Reports shall be submitted annually until buildout of the project. At a minimum, this report shall contain: n~ ei~f~'Dti~ll~.B~olevai~ ~a~id ~J~idlo ':.~ Road~ ~.a ndi~:xhe '..; off-site Mfi'fie~o'n'i Id~hdfled ln-i6nd[tl6n .3.b;' ro'id jagmifita Identified in condition Words ihTc[d'd are additions; Words ~ ara deletions. . .AG DA ;'lflter,~.~~ the abov~~---'--~ DEC 1 6 1997 Est~n~tid f~[Jre legels Of iirvtce at the Intersections and on the road segment~ identified In. condition 3.b. above, based on a one ~:A~ U~atiind Invent0~. RePo'~''{AUIR] referenced In condTfion 3;~;i~ ~'i~bstl~eU for the e~te"of'exiSting levels of se~tce on the:~nlt0red :f0adwaV:seOmen~' i~:i~i~(:~it~:~iitd~tTil:d~elll~:~1~ ere ocCupTed ~thln the ....................... on-alta ~Y be ~i~i't :~-n:i~i~te:~e P~Ci~-~t ~:~:i5~i ~ffic ~n~torlng for ~i~5~~ti~T~-~ii-~bt~atlon:~th the Annual U~~..f~-e~O~ RePO~ [AUIR)~referanced In condition 3.g. hereof, r~f~e~-~e"~n~l, traffiC:m°ntt6fingYe'quirements for Twelve Lakes. The purpose of the monitoring repo~ shall be to indicate when the adopted LOS ~C' is expemed to be exceeded on impacted roadways and/or intersections and to provide updated information to more accurately forecast project buildo~ traffic and total traffic for determination of propo~lonal share and to show the significance of impa~ of the DRI on the impacted roadways. Based on the staff transpo~ation assess~nt, construction of the follo~ng road Improvements or jbceptable alternatives shall be needed prior to, or colncldent with, the development of Twelve Lakes DRI if adopted level of se~Ice ~C' conditions are to be maintained through bU~..~;{2OlO¥,Ofi'~-~slg~iflcant¥~impacted 'road~y segments and Inte~emio~. Regional Roadways (including intersection improvements} Phase I {1992~2~2~C-~CC0l .... =~;~,~ ...... No significant improvements due to Twelve Lakes DRI are anticipated. Phase II (1993-2004C=-~ -CC?.} No significant ~ improve- ments due to Twelve Lakes DRI are anticipated. Phase III (1994-200~} SR 84 (Davis Blvd.} Words ill, iTel are additions; Words ~ are deletJon~. Widen to fourslx lanes with a median from Airport-Pulling Road County Barn Road. Widen to four lanes with DEC, 6 1997 CO'unty Barn Road Barbera BlVd. Phase IV (1996-2008~) eR 84 (Davis Blvd.) Phase V (1998-201 County Barn Road Blvd. Words 8hiiIlod Ire iddltiofll; Wordl ItNdrlhltt~Oh Ire delltiona. 7 medlan from Radio Road to CSR 951. Widen. to four~.:.llnes .with *~e medbn"from DaW Boulevard to Ra~elnake Hammock Road. BbulaVanl to Tvvtlvi Lakes dnttence. Widen to six lanai Vv~h e median from Golden Gate Parkway to Radio .Road, Wldln to slx lana~ ~ a median from County Barn Road to Santa Barbara Boulevard. Widen to four lanes with a median from Santa' Barbara Bofjleva~d to Twelve Lakes north entrance ,v ,,.~, ,,vo~. Wklln to slx lines wJthl median from Oivli ' Boulevard ~: to:. ~. Rattlesnake Hammock ' Road.C~,-~ Widen tx) e~gh restrict accea faClfltyl from ~ r Or ~ll 3oklen Gate Parkway DEC 16 1997 shaft ~ioate ~ impa~ on the reg~nal and local roadway Intersectionl Identified herein la follows: ~ applicant shall make the lltl related Improvements Ipeclfled In 3.e. hereof. The applicant shall Pay ha propo~lonatl lhare of intersection Improvementl at ~ access ~in~ to publio roadways speclfied In applicant shell be sub]e~ to all la~ully adopted ~anlportaflon impa~ fees. Iv, The applicant Ihsll be lUb]ect to the C G~ttem of the County es set forth here f. The ieglonal roadway segments end Intersecth Words Ihadld Irl Idditlons~ Words ~ Irl deletions. AGf'NDA ITI~M nS on which this prole~ DEC 1 6 1997 q "1111 II I IIII ......... ! ~lH~ ~ ~ "' I~ significant I~l~= ar. whol~ wl~n ~. purpol~ Of cOncumen~ ~gement. ,~e Coun~ ~ ~de ~e ~.~ p~ ~a~ ~nage ~e ~a~ of ~ D~ ~ugh ~ du~ ldoP~,d compr"hens~ plan.. ~'cOu~ madly ~egm~ and regional m~dwly ~r~e~o~ ~f, .~ ~s de~e~d to ~qu~e ~e prole~ to be suble~ ~o ~nd to ~mp~ ~ ~e Con~rr"n~ Manage~nt System (CMS) of ~r ~n~ as edo~tK ~ its Gro~ Ma~ge~nt Plan and ~ple~nt~ by ~ ~e~M ~C Pacflltles Or~nce ~P~ Ordi~nce No. 93-82, i~nded.': A~er due' considera~ion of ~e'CMS;In addition to ~e o~her ~i~o~ rlqulred In 3.f,' ~f, iliurl ~ ~l~t;o~ licit;Ii 'lri'proV;ded co--neatly ~th the ~ponatlon Impa~ of ~is ~ro]e~. The Adequate Public Fecilltles Ordinance (APF) requires the Grovv~h Management Dlr"ctor to complete an, Annual Update and Inventory Report (AUIR) by August 1 st of each year on roads and public facilities based on ~a 'adopted level of service. ,The County:shall provide within fifteen (15) days of pUblication each year a copy of said AU]R on the regional facilities l~t forth in 3.b. to ~he Southwest ~iorlda Regional Pla'nning Council and the Florida Department of Community Affairs (DCA). h; The Board of County Commlssloners is required by the APl= to establish Areas of Significant Influence {AS1} around any road segment or II~lraa~'tlon vvhich is operating et an unacceptable level of service ILOS} or Is pro]ec~ed to operate at an unaccep~ed LOS and is not scheduled for Improvement In the Capital Improvement Element '{CIE} of the Comprehensive Plan In a manner and time which would provide facilities concurrent with the Impacts of development pursuant to the APF. Projects w~thin the boundaries of an AS1 ere, vvlth a few exceptions not relevant herein, prohibl~ed from obtaining further Certificates of Public Facility Adequacy,tha~ would allow impacts to exceed the remalnlng capacity, If any, of these road segments or additional Impacts to the deficient or:potentially deficient facility. The applicant shall notify ~WI~PC and DCA within five {5) working days after receipt of notice of a public hea'~g to determine ~e boundaries of any ASI on any facili~ies I~ted In Section 3.b. hereof. If any of the road segments Identified in this paragraph 3.b. become deficient, the County shall establish an Area of $1gnlflcant Influence around such segment pursuant to criteria set forth In the APl=, i, In addition to the provisions of the Coliler Count/APl= Ordinance: The Twelve Lakes Development of Regional ImpaCt is subject to Iht ipe¢ifled' requlrement~ of ~hl Adequate Public Facilities Ordinance No, $~-530 as that Ordlrmnce existed on ~e effective data hereof:. Any amendment to ~e transportation portions of that Ordinance bY Collier County shall not be effective or applied t~ 1~e DRI unless and ur~l ~ts Development Order Is amended to inc~rporete and render applicable such changes or amendmen~ t~the APF Ordinance. In:~hkr~ven~ ::that COllier County' dtflclent ~f0ad ;.segment 1hat is pr~llc Words ahaded ara Iddltlons; Words .;,.,.:, ~,;,~,,.~, are deletions. 9 ed to be subst~n_~_lally DEC 1 6 1997 Impacted by Twelve Lake~,: end the ASI does not InClude th~s than the appllcan! shall be required to file a Notice of Change o th]S Development Order with'Collier County~ :the Southwes Florida Regional planning' Coijncll, "end the "Department Community Affairs, pursuant to Subsection 380.05{19}, Florida The. applicant s~[I file a NolleI ofCl~ange vvlthln ilxty [801 days from the date the County Creates ah AS1 for such I deficient road figment that excludes,the DPJ..~;Th'i applicant shall file wlth the Hc~lce 0! Chance a current traffic l'nalys~e end Other Information attempting to establlSh that:the' D.RI' b' not hsvlng' · aubstsntia! Impact upon the pertlnint road segment, or other iustiflcatlon of the CountY's exclusion of the DRI from the ASI.' If an ASI established for any daf;clanS road segment listed in Paragraph of this Development Order that does not include the Tweiva l.s~css DRI, the DRI shall not apply for or be Ltsued any further Certificates of Public Facllity Adequacy until: (1} the Notice of Change declslon it made by Collier CountY. if neither DCA nor $WFRPC participates in the public hearing on this Notice of Change pursuant to Subsection 380.06119](f], Florida $~atu~ee, end the change Is adopted by Col~er County, es proposed; or if a wr~en objection w~s filed by either DCA or S~RPC, until the deadline for any appeal of the Collier CountY decision has expired pursuant to Section 380.07, Florida Statutes, end no appeal has been filed. Ve vi, For purposes of this Development Order, the [:)RI shill be deemed to have a slgniflcant Impact upon · deficient road segment if its traffic Impacts exceed five Percent (8%! of the peak hour, season adopted level of sen/Ice capacity of the roadway. The County shall provide the requisite public notice and hold e public hearing on the Notice of Change as expeditiously as possible. Following a public hearing, Collier County shall amend the DRi Development Order to record its determination whether or not the DRI is having a substantial Impact upon the deficient road segment or otherwise should not be Included within an ASI for the deficient road segment. In malting this determination, the County shall Include the Impacts resulting from all development to occur pursuant to the Certificates of Public FacilitY Adequacy previously Issued to the DRI.' The amendment of this DevelOpment Order Is appealable 'pursuant to Subsection 380.06(19! end Section 380.07, Florida Statutes. If nelther DCA nor SWFRPC ob]acts in writlng to the Notlce of Chance pursuant to Subsection 380.08(19}(f), Florida Statutes, and the change Is adopted by Collier County as proposed, the DRI may be Issued Certificates of Publio Facility Adequacy following the County's Development Order decision;': If either DCA or SWFRPC eubmlts a written objection to the Notice of Proposed Change prior to the public hearing, the applicant shall not apply for or be issued Certificates of Public Facility Adequacy until the deadline for any appeal of the Collier County decislon has ~xpired pursuant to Section 380.07, Florlda Statutes. and no appeal has been flied. - AGE~DA/J_T£M~ , k~ Words aheded are additions; Words .., ...,.., ,,.,,,~,, Irt delationl. Co,er County and the applicant may conslde adequate comml'~nents for needed Improvements to ~ranspor~ation facilities ae~ forth in 3.b. I~eraof, .provided that said options meet the following criteria: Th~ trSnSl~Ortation im~ to ~ roads and Intersectlon~ outflned h,reln ~ha~ ~ addressed constant w~h 5~PC ~ and maid :o~on~ or m~ga~.~asum~ ~ha~ ~ edo~ed ~ iccordance ~ $e~o~ ~163.3220, ~orida S=~e=, ~ich require; i Local Govem~nt ~elo~ment Ag~ a~ a co~[tment by ~e ,ppflcant ~/or ~e ~1 g~~ m Any iuch option shall any'be Implemented after a Notice of Change procedure as outlined above. TI~ developer shall be bound by the phasing schedule in the ADA insofar es it calls for the developmem to proceed ~; ;:-.;from north side to sou~h (beginning near Radio RoadRsdi~l and not provide access to Davis Boulevard prior to development of All parcels abusing the main collector road and having direct access to it shill have self contained turn around areas or circular driveways so as not to require vehicles to be backed Into the right-of-way. The residential sites located along the principal street between Davis Boulevard and Radio Road should be limited to the number of driveway access points (maximum of one drive every two hundred feet). {The proposed layout could possibly permit one drive every 40 to 60 feet on a collector street.j The main collector road shall be constructed to collector road standards aa provided in the Subdivision Regulations. J The developer shall provide between 20 end 35 feet of additional right. of-way (the exact amount to be determined when right-of-way permits am applied for} along the south aide of Radio Road and the north side of Davis Boulevard for drainage Improvements, bike paths and appropriate turn lanes to serve the project. These Improvements {b-de above) are considered "site related" as defined In Ordinance ~,$-~,,~ 32-22, es amended, and shall not be applied as credits toward any impact fees required by that ordinance. is necessary. Sidewalk/bike path will not sidewalk/bike pith network is existing and pray transportation to useful places vvtthin the area A sldewalk/blke path should be provided along the entire frontage of Davis Boulevard end Radlo Road. Subject to FDOT approval, the developer shall provide a sidewalk/bike path within the right-of-way and abuttlng the south/north boundary of the property. If existing right-of- way la not adequate for construction of laid eld,walk/bike path, as determined by the County Engineer end/or FDOT, the developer, his lUC~lllOrl or his alllgnl Ih~ll provide luch right-of-way or easement as ~e "r~ ~1~ ,a ~es pqd~.s~ as determined by the Words Ihadld Ire additions; Words ~ are deletions. 11 DEC 16 1997 County Engineer. Construction of the lidlvvalldbika path will not be required by the developer if it ia constructed aa pan of FDOT's improvements to Davis Boulevard (SR-84). Prior to approval of the fin~ phase of construction, if the sidev~lk/bike path has not beefl~ constructed, the developer shall provide the necessary right-of-way or easement and, It his option, construct the sidewalk/bike path, or post · bond in the amount deemed necessary bv the County Engineer to Insure the sldewalldbike path will be constructed, or make payment to the County for the cost of aldewalk/blke path Improvements et the current COSt of COnStruction aa determined by the County Engineer. If the latter is chosen', the County would then be responsible for construction es part of I County-wide program. A street connection shall be provided to the west property line to connect to Sabal Lakes PUD along the north half of the we~t property fine (approximately 1,900 feet south of Radio Road! es shown on the PUD Master Plan. h.~ The streets shall be public. I.~. A buffer and additional rear-yard setback shall be provided along those lots ibm"ting Davis Boulevard end Radio Road. ~I~CT]ON TWO: FINDIN~ OF FACT A. ~ the real property which is the subject of the proposed amendment is legally described es set forth in Exhibit A, a~ached hereto end by reference made e pert hereof, e B. The application i$ in accordance with Section 380.06(19}, Florida Statutes. C. The applicant submitted to the County · Notice of Change to Previously Approved DRI known as Exhibit B, end by reference made I part hereof. D. The applicant proposes the development of Twelve Lakes on 262.33 acres of land for I residential end commercial development which Includes 1,0OO dwelling units on 110 acres, 112,500 square feet of leasable commercial floor area on 11.25 acres, lsd approximately 141 acres of other uses, including parks/open space, golf course and associated facilities, wetland preserve and lakes. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. I I~'.'~.,~ ] Area of_Cdtical.,~ F. The dlvalopment i$ not in an area designated ar Words abided ire Iddiflonl; Words i~'t~'k-lfa,ot~gfl ltl daletlonl. 12 . PI. concern pur, uant to the provisions of Section 380.06, Florida Statutes, aa amended. G. The proposed changes to the previously approved Development Order fall within the parameters for extansiona of buildout pursuant to Subsection 380.06{10){e}2., Florida Statutes. .~;CTI~N THR;I=*. C(~NCLLI~I~N~ OF LAW A. The proposed changes to the previously approved Development Order do not constitute I substantial deviation pursuant to Section 380.06(19l, Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includaa operations described in the Notice of Change to a Previously Approved DRI, Exhibit B, attached hereto and by reference made a part hereof. B. The proposed changes to the previously approved development ara conai~tant with the report and recommendations of the SWFRPC. C. The proposed changaa to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D, The proposed changes to the previously approved development ara consistent with the Collier County Growth Management Plan and the Development Regulations adopted pumuant thereto. E. The proposed changes to the previously approved Developmem Order are consistent wi~h the State Comprehensive Plan. A. Except as amended hereby, Development Order 87-1 shall remain in full force and effect, binding in accordance with rtl tatum on all parties thereto. B. Coplea of thla Development Order shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management; and the Southwest Florida Regional Planning Council. :-ovl AGEND~JI'£M · · C. Thia Development Order shall take effect as ' Words aha'dod Ira additlona~ DEC 16 1997 BE rr FURTHER RESOLVED thst this Resolution be recorded in the minutes of this Board, This I~solution adopted etier motion, second end rr~jority vote. Done this. .. dsy of ,19_.._. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN ATTEST: DWIGHT E. BROCK. CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MAR~)RIE M. STUDENT ASSISTANT COUNTY ATTORNEY Words IM'dttl ere additions; Words ~;,,~ [,%~,~uGh are deletions, 14 AGENDA ITEM .o.?~ DEC 1 6 1997' F3~CUTI%~ ,~UMMARY CONSIDER ADOPTION OF AN ORDINANCE CREAT~G THE BAYSHORE AVALON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHOr; PROVIDING FOR THE CREATION; PROVIDING FOR A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED THREE MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR CREATION OF THE BA¥SHORE AVALON BEAUTIFICATION ADVISORY COMMITI'EE~ APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEE; PROVIDING FOR OFFICERS OF THE ADVISORY COMMITTEE; QUORUM; PULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF ~ ADVISORY COMMITTEE; PROVIDING FOR DUTIES OF THE COUNTY ADMINISTRATOR OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; ~' ~VIDING FOR AN EFFECTIVE DATE. lZl~,,.(i]~: To adopt an Ordinance creating the Bayshore Avalon Beautification Municipal Service Taxing Unit. CONSIDERATIONS: On November 25, 1997, Agenda Item 10(A), the Board of County Commissioners directed the County Attorney's Office to prepare an Ordinance creating thc Bayshore Avalon Beautification Municipal Service Taxing Unit. Puzsuant to the proposed ordinance, tho M.S.T.U. is created for the propose of: 1) providing curbing, watering facilities, plantings and maintenance of the median strips of roadways within the M.S.T.U.; 2) providing Uaffic calming improvcmmts, street lighting, mad sidewalks within the M.S.T.U.; and 3) beautification and maintma~ce of other public arcu within the M.S.TM. as det~nined by the Advisory Committee. Under purpose number three above, the Advisory Committee is givm bwad discretion concerning the ~,'tivitie$ to be included under the beautification and maint~ls/lce of other public ~ within the 1VLS.T.U. The Advisory Committee cons{sts of five mcmbm, who will be appointed by tho Board of County Commissioners. The Board of County Commissioners is the governing body of the M.S.T.U. The millage rate will be set at the budget hearln~s for fiscal l~r '98/99. Please note that the proposed ordinance limits thc M.S.T.U. millage rate to s rate not to exceed three mils. The improvements will bo to be installed or constructed withl- the property area identified in Exhibit A. Therefore, these properties will benefit titan the beatification ofthe ~ AGEN D~]T[M .. No. ~ DEC ! 6 997 {k,y~mo~m Av~1oa {k~m~.~tiou M.T.S.U 1~ 2 FI.~CAL IMPACT: The ~lditonal tax~s g~nerai~ by this M.S.T.U. will b~ used ~o pay for improvements within the M.S.T.U. fiROWTI=I MANAGKIVfg~NT TMPACT: None. ~ ~ '~J~l: That the Board of County ~{~ionera con~idcr the adoption of the ptopor~l otdin~cc ,~atin8 the Bay~hore Avalon Bcamific~on Municipal Service Taxing Unit PREPARED BY: Heidi ~. Ashton, Assistant County Attorney Date REVIEWED BY: REVIEWED BY: REVIEWED BY: Date Da-~ Bobanick, Transportation Dir~or ~ :,86 BAYSHORE I--' II t! ,.;,_ :t i 'X \!.. / 81," ;,! 'l l 2 6 9 10 I1 13 14 16 I? 19 20 AN CrADIIU~C:B ~TI~; ~ ~; ~~o ~ ~ c~.y.~ or ~s; CODE Or WHE~S, the County has received ~n~es and conducted 26 neighborhood meetings concerning proposals relating to 27 beautification of certain public areas located on, adjacent to, 28 or in proximity to Bayshora Drive; and 29 WHEREAS, the Board of County Commissioners has dete~mined that the creation of a municipal service taxing unit is the best method for implementing and funding the beautification of certain 32 public areas located on, adjacent to, or in proximity to 33 Bayshore Drive. 34 NOW, THEREFORE, BE 'IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; that: 36 SECTION ONE. Aut~oz£~ 37 :28 This Ordinance is adopted pursuant to the provisions of 39 Chapter 125, Chapter 165 and Chapter 200, £1orida Statutes, and 40 other applicable prcvisions of law. 41 ~"~CTZON TWO. CzeatcLon of t~eMun~cip~l Service T~ng UnX~. 42 There is hereby crea~ed and established the Bayshore AGENDAJT6M 43 Beautification Hunicipal Se~ice Taxing DEC 1 6 I997 collection of general County taxes and sub~ec~ to the ~or assessing and collecting as general County taxes. referred to as '~4STO'. The boundaries of ~he HSTO are as 2 fo~.~*'~ See attached £xh~biC #A" which is ~ncorpora~ed here~n by ~.~ence. S The HST~ ~s crea~ed ~o~ ~he pu~ose of= 1) p~ov~d~ng 6 curbing, watering facLlit~es~ plln~ngs and M~n~enance of ~ median s~ipo o~ ~oadwayl within ~ht HSd; 2) p~ov~dLng I calming ~rovemen~o, It~ee~ ligh~Lng, and s~devalkl eL~hLn O HSd; and 3) hautifica~lon and ~n~lnance o~ o~ht~ public l0 a~eas w~h~n the NS~ as de~e~ned by ~he Advisory C~ee. 11 The governing body o~ ~he H$~ shall be ~he Board o~ Count7 12 C~sl~one~l of Coll~e~ County, 14 For ~he pu~ose of L~lemen~ng ~h~s Ordinance, the Bol~d IS Coun~ C~lss~oners shall annually, a~ ~he ~e ~e~red b7 16 general budgetary law, make an ~em~zed es~ma~o of ~ho amoun~ 17 money Fe~ired ~o car~y ou~ ~he bus,ness of the HSTU for ~he nex~ 18 fiscal yea~, which shall be f~ Oc~obe~ 1 ~o and ~nclud~ng 19 Sep~e~e~ 30 foll~ng. Tho estate shall desc~Lbe the pu~ose ~ for ~h~ch ~he moneys a~e re,ired and the ~oun~ necessary ~o be 21 ~a~sed by ~axa~Lon ~L~h~n ~he HSTU. A~ ~he ~me and place fo~ ~ f~x~ng ~he annual rate o~ ~axa~Lon fo~ County pussies, ~he Board ~ shall f~x and cause ~o be lev~ed on ill p~ope~es w~th~n the ~ NSTU s~Jec~ to ~axa~on 8 ~llage ~8~o no~ to exceed three ~ pe~ yea~. Taxes here~n p~ov~ded for shall be assessed and collected ~n ~he same ~nne~ and fo~ as provided foF the asses~en~ and -2* 1 6 iS97 SECT3;O1~ S3~X. I Cro&~Lon of t~o Ba~ahoro Av&~on 3 ~s~on. S ,.. There ~o hereby c~ea~ed and es~ab~she~ ~he Ba~shoce 6 Avalon BeauC~ca~on Adv~sozy C~ee, hece~na~ec 7 as ~he "C~cee". I B. The C~i~Cee s~a~ consist o~ f~ve (5) me,ecs ~ geneca~y cepcesen~ ~he aces w~h~n the ~STO. l0 C~ee sha~ ~ a~n~ed b~ and fe~e aC Cbt II Board o~ County C~ss~onecs.' Sa~d me~eco sha~ be ~nen~ 12 residents v~Ch~n ~he HSTO and e~ec~o~s o~ Co~ec County. The 12 Boa~d s~a~ consider appo~n~enC o~ m~ecs 14 subdivisions ac co~un~es v~h~n ~he I~ C. Appointment of me~e~s ~o the C~CCee shall be by 16 resolu~ion of the Board of County Co~ss~one=s, which resolution 17 shall sec fo=Ch ~he dace of appoLnCmen~ and the ~e~ of off~ce. 18 D. Me.ecs of ~he CoaL=Cee shall ae~e wl~hou= 19 compensa=io., bur shall be en~cled ~o receive =e~ursemen~ 20 expenses reasonably iflcur~ed in the perfo~nce of' their duties 21 upon pr~o= approval o~ ~he Board of County C~lssionecs. ~ ~ ~. Tom of ~fA~ o~ ~o ~Leo~ ~ The ~n~C~al Ce~ of off~ce of the C~C~ee shall be as 24 follows: ~ A. ~o (2) me.ecs shall be appoin~ed fo= a ~e~ of ~wo (2) 26 yea~s. ~ B. Two (2) me.ecs shall be appoLn~ed fo= a te~ of ~hree 28 (3) years. ~ C. One (1) me.er shall be appoin~ed fo= a te~ of (4) ~ yeaFs. 31 Thereafter, each appoinCmen= o= reappoin~en~ shall be 32 term of leu2.' (4) years. *3- DEC 1 6 Pi. ! Appointments to fill any vacancies on the Come,lites shall be 2 fo= fhe =emainde= of the unexpired tea of office. 4 o~ ~o~. 6 A, A~ ~ ea~es~ o~po~un~y~ ~he m~sh~p ~ ~he 7 C~ttee shall elect a chal~n and vice chal~n f~ng the I me~s. O~icezs rems shall h ~oF one (l) yeaF~ with ~ eligibility ~oc ze-election. 10 B. The pcesence o~ three (3J o~ ~ce m~ecs shall ~1 constitute a ~omo~ the C~ttee necessa~to take action and 12 tzansact business. 1~ C. The Cmittee shall, bM m~o~lty vote o~ the enti~e 14 me~ecship, adopt ~ules o~ pcoceduze ~o~ the t~ansac~iom o~ 1~ business and shall keep a w~itten ~eco~d o~ meeCings~ 16 ~esolucions, ~indings and dete~naCions. Copies o~ all 17 ComlCtee minutes, FesolutAons~ ~epo~ts, and exhibits shall 18 submitted to the Board o~ County Comissione~o. 19 O. Cmittee me~ec attendance ~e~i;ements, including 20 ~ailuze to attend meetings and me~e~ ~emoval ~om o~lce ace 21 governed MM O;dinance No. 86-41~ as amended~ oF bM its successor ~ o~dinance. 24 2~ 26 The functions, powers and ~tles of the Co~ittee shall be 27 as follows: 28 A. To aid and assist the Board of County Co~issionezs ~ carrying ou~ the pu~oses of the NSTU as se~ f~rth tn this 30 O=dinance. 21 B. To pzepare and get--end ~o the Boagd o~ County 32 Co~isoloners an itemized budge~ o~ the mmoun~ of money 33 to ca=ry out the business of the NSTU for the next fiscal AGENDA CTE, M/:., '..~.No. ~3 DEC 16 "7 In carrying out this responsibility, the Committee ehall~ no l&t~.~ '.rsn April 1~ of tach year, meet with the County Administrator or his designee snd outline to the County Administ~ator or his designee those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Administrator or his designee shall prepare a proposed budget for the MSTU, in accordance with standard County guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Co~ittee and upon approval by the Committee be transmitted thrqugh the County Adn~Lnistzator or his designee to the Board of County Commissioners for adoption in accordance with procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by ~une 1" of each year, the County Administrator oz his designee shall be authorized to submit a p~oposed budget to the Board o£ County Commissioners. ¢. The Committee shall recommend work programs and priorities to the County Administrator or his designee in 20 accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Adz~Lnistrator or his designee. Said work may be performed under contract {in accordance with law) or by County forces. 26 D. The Committee may adopt and amend "Guidelines~ to govern its operation and the operation of the HSTU, subject to approval 21 by the Board of County Commissioners. 29 SECTXC~ TI~.. EM'~Les of the Coun~AdnAnAe~ato= ~ ~esA~ee. 21 The duties of the County A~inis~zator o~ his designee ~2 be: -5- AGENDA ffF. M- \ shal~o. ~ I EC ! 6 1997V '.. To administer the act~v~ttes o~ the HSTU ~n accordance wLth established policies o£ the Board o£ County and guLdelLnes adopted by the Co~=n~ttee. B. TO prepare the annual budget in accordance w~th Section N~ne, Paragraph B, above. C. To provide per~od~c vrLtten teporte to the Committee, and the Board of County Commissioners o£ the actLv~t~es of the O. A~Cend all C~tCee meetings. Th~= advisory C~It shall ~ ~ev~e~ed once every (4) yea~s c~enc~ng 2001, ~n accocdance ~h Chi p~ocedurel contained ~n Colliec County Ocd~nlnCl NO. $6-4~, as ~ended, ~Cs Ioccessoc ocdinanct. ~~. C~l~et~d Im~~. In the even~ ~h~s Ocd~nance con~l~c~s ~h any o~hec ordinance o~ Coll~ec County oc oChec applicable lay, ~he ces~c~cC~ve shall a~ly. ]~ an~ phcase oc port,on o~ Ordinance ~s held ~nval~d cc onconsC~CuC~onal by any coucC compe~en~ ~ur~sd~ction, luch po~on Ihall ~ de~ed a separate, ~ dlsC~nc~ and ~ndependenC pfov~lion and such holding shall ~ The p~ov~sions of Chis Ocdinance shall become and be made a 26 parc of the Code of ~ws and Ocdinances of Co~liec County, ~ Florida, The sections of ~he oFdinance ~y be rendered sc 2s calendered Co accomplish such, and the vozd 'ordinance' ~ be 29 c~anged ~o 'section", 'arc,cie', or any oche: app:opc~a~e ~,,=d, AGEND~ No. -6- DEC ! 6 1997 P~. I S'ZCT2ON rOUltTZZ~, r~'£ea~..t, ve D&~,o. 2 ~h~n O~d~nanc~ sha~X be e{{ec~ve upon {~X~ng w~h ~h~ ~Xo~da 3 Depar~men~ of 4 ~$ED ~O D~Y A~ED by ~he Board of County Co~ss~onecs ? ATTEST: I DWIGHT E. BROCK, Clerk l0 11 12 I$ 14 16 17 11 19 21 22 24 25 26 BOARD OF COUNTY CO~MISSIONERS OF COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, Chaic~an Approved as Co form and legal sufficiency: l.le:Ld~L- r': Ashto~ Assistan~ County Atto=ney I DEC 1 6 1997 ~xhibit A BAYSHORE DEVELOPMENT AREA OPTION "B" LEGAL DESCRIPTION Begin at the Southwest comer of Section 23, Township 50 South, Range 25 East, Collier County, Florida; thence Northerly along the west line of Section 23 and the West line of Section 14 to the centerline of Haideman Creek; thence Northeasterly along the centerline of Haldeman Creek to the Intersection of the West line of the East quarter of the Southwest quarter of Section 11; thence Northerly along the West line of the East quarter of the Southwest quarter of Section 11 to the North line of Mangrove Avenue; thence Easterly along the North line of Mangrove Avenue to the West iine of Pine Street; thence Northerly along the West line of Pine Street to the Southwesterly right-of-way line of U.S. 41; thence Southeasterly along the Sc~uthwesterly right-of-way line of U.S. 41 to the South right-of-way line of Thomasson Drive; thence Westerly along the South fight-of-way line of Thomasson Drive to the East line of Section 23; thence Southerly along the East line of Section 23 to the South line of Section 23; thence Westerly along the South line of Section 23 to the Southwest comer of Section 23 and the Point of Beginning. No.~J DE:C 1 6 1997 RECOMMENDATION TO ADOPT A RF, SOLI~ON SETTING FORTH THE INTENT OF BOARD OF COUNTY COMMISSIONERS TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR INTERIM GOVERNMENTAL SERVICES FEES ~ THE UNINCORPORATED AREA AND ~ INCORPORATED AREAS OF COLLIER COUNTY. D~,~3~: That th~ Board of County Commiuioncrs approve the uniform mcthod of colle~ion of usemnmts for interim gov~-nmental re'vices fees within tbe unincorporated area ~nd thc incorporated ~rcas of Collier County. CO~mERAT~ONS: The Board of County Commissioncr~ Im directed staff to proceat to th~ documentation necessary for the collection of non-ad valorem assessments for intcrim governmental services fees. Section 197.3632, Florida Statutes, requires that the County adopt a resolution at a public hearing prior to January 1" stating its intent to use the uniform method of collecting non-ad valorem assessments beginning in 1998. This section also requires that the County publish notice of its intent to use the urtiform method of collection for four consecutive weeks. The notice was advertised for four consecutive weeks in a n~vvsp~ of genc'ral circulation in the County. It is noted that in 1997 the City of Naples opted not to participate in this initial County eadeavor to implement interim governmental services fees. Everglades City did not res{xmd whte, her it desired to be included in the County program or not. With the recent incorpor~on of Marco Island, it seems sppropriate to adopt a resolution of intent that not only provides for the unincorporated area, but provides for all municipalities in the County to have opportunity to d~'mlne ifany ofthem wish to be included in a County ordinance for interim governmental m~ices fees, Tbe attached resolution has The County Attomey will ruttun in the early part of 1998 with an ~ for the adoption of interim governmental services FISCAL IMPACT: None by the mere ~doption oftbe attached r~olutlon. Ii'the Boad w~r~ to adopt an ordinance providing for interim gowmmental m-vic~ f~s assessmmts, it is anticipated that $1,400,000 would be generated annually from this revenue source. GROWTH M~NAG~MF. NT IMPACT: None. RECOMMRNDATION: That the Bosrd of County Commissioncr~ adopt the resolution setting forth its intent to use the uniform method ofcollecting non-ad valorem usessmmm for "-"~G£NOA ITEM_., F Y..Z 1 6 I Pg. R~. F~' Oolh~'~ Noa-Ad Vnlomm l~le 2 PREPARED BY: BY: assessmen[ to prov£de for the tmpos~tlon &nd collection o ! P. ZlOLU~XC~ MO. 9'7- . 4 ~X~ O~ ~ ~, 9 ~~~ ~ Or CO~ ~. tO Il ~EA~S, ~he Board of County Co~ss~one~s of Co~Le~ 12 County, Flo~Lda, (heze~na~er referred ~o ~s Board oF County) has 13 de~e~ned ~ha~ certain cos~s of govez~en~ services p~ov~ded 14 iden~Lf~ed parcels of zea~ pzopez~y should be pa~d for ~h~ough IS ~he develo~en~ and L~os~Lon o~ Ln~e~Lm gover~en~a~ oe~vLces 16 fees Lmposed upon such parcels; and 17 ~HER~S, the Board has de~e~ned ~ha~ a non-ad valorem 18 assessmen~ is ~he mos~ feasLb~e me~hod ~o ~ose ~o co~ec~ 19 Ln~eF~m governmental se~vLces fees agaLns~ p~ope~es vL~hLn ~he ~ un~ncoFpo~a~ed and LncoFpora~ed a~eas of Collie~ County; and 22 WHER~S, ~he Bcazd has iden~LfLed and recognizes a need foF ~ ~he levy of a non-ad valoFem assessmen~ fo~ ~he Ln~ez~m ~ governmen~a~ se~ices fees and elects ~o use the unifo~ me~hod 24 of col~ec~Lng such assessments; and ~ ~HER~S, Section 19~.3632, FloFLda S~a~u~es, p~ovLdes 26 ~he un~fo~ me~hod of collecting non-ad valorem asses~en~s and ~ sa~d Section Fe~es tha~ ~he County adop~ a ~esolu~Lon a~ a 28 publLc hea~ng p~io~ to ~nu~Fy I s~a~ing ~s Ln~en~ ~o use 29 unLfo~ me~hod of collecting non-ad valorem asses~en~s; and ~ WHER~S, Section 297.3~32~ F~o~Lda S~a~u~es~ also ~e~ires 31 ~ha~ ~he County pub~Lsh no~Lce of ~s ~n~en~ ~o use ~he unLfo~ ~2 me~hod of co~lec~Lng non-ad valorem assessments weekly in a 33 newspaper of gene~a~ circula~Lon v~hLn ~he County fo~ fou~ ~ consecutive weeks prLor ~o ~he hea~ng; and 3~ WHER~S, ~he County has published the re~ired no~Lces. 36 NOW, THERE~RE, BE ]T ~SOL~D BY THE BO~D OF COUNTY 37 CO~ISS~ONERS OF COLLIER CO~ ~RTDA 38 ~. The~e ~s a need fo~ ~he ~ev~ of a non-ed ~a~o~em 39 AGENDA.[TF.M. ,, DEC 1 6 1997 ! Interim governmental services fees. 2. The non-ad valorem assessments levied for the interim governmental services fees agains~ the properties located within 4 the unincorporated area and incorporated areas of Collier County, £1oridaw ChaC receive a certificate of occupancy beCveen ~uly and the following ~une 30 of each year thaC are not shorn as an ? improvement to the real property on the ad valorem Csx bill may be collected utilizing the uniform method for collecting ouch non-ad valorem assessments as provided in Section 197.3632, 10 Florida Statutes. The special assessment Co be levied as 11 non-ad valorem assessment shall pa7 for the enhanced County 12 services provided by the County by virtue of the existence of said imp~ovement(s) on the real property and the use~ occupancy 14 or potential use sc occupancy of the improved property. The 15 special assessment is for the interim governmental services fees 16 that are imposed on the improved real property being given a 17 certificate of occupancy for the portion of a tax year remaining 18 subsequent to the issuance by the County of the certificate of 19 occupancy. 20 3. The County recognizes the requirement of 21 125.0~(~)(q), Florida StaCutes~ that provides that the boundaries 22 of a municipal service benefit unit may include all or part of ~he boundaries o~ a municipality (in addition to all or parc of 24 ~he un£ncorporated aces) aub~ect Co the consent by ordinance of the governing body of the affected municipali~y given 26 annually or for a tez~n of years, lc is the County's intent Co 27 use the uniform method of collecting non-ad valorem asses~eflcs faf interim goveF~en~a~ services fees fac the uninco~oFa~ed a~ea of Cold,er County and for any mun~cipal~y within County ~ha~ consents pucsuan~ Co Section 325.01(~)(q)~ F~or~da 31 SCa~u~es. If the governing body of a ~nic~pal~y does no~ adop~ 32 a consen~ ordinance referenced ~n Section ~25.01(~)(q)~ S~a~u~es, by February ~, 1998~ ~hen such mun~cipal~Cy shal~ no~ be ~ncluded viCh~n ~he interim governmental oe~lces fees munic~pal service benefit un,C. If no municipality consents 36 DEC 1 6 I 3 4 6 7 !0 !! 12 13 14 IS 16 17 18 19 2o 21 26 27 21 through its governing body for al! or s part of its municipal boundaries to be included in such benefit unit, the County intends to use the un~fotm method of collecting non-ad valorem assessments for interim goverranental services fees for the unincorporated area of Collier County. 4. A legal description of the boundaries of the real property sub~ect to the levy lo provided iff tho document entitled "COLLIER COU1T~Z" and Exhibits "A", "B" and "C" attached hereto andsmde a part hereof. 5. A copy of this Resolution shall be smiled by United States Hail to the Collier County Property Apprsisot, the Collier County Tax Collector, and the State of Flat,da Department of Revenue by January 10, 1998. 6. This non-ad valorem assessment is a one t~me assessment upon ~mproved real property for interim governmental services fees. This Resolution adopted this day of . , 1997~ after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TIHOTHY L. HANCOCK, Chaitlaan o AGENDA ITEM ~ DEC ! 6 COLLIER COUNTY TIlE BOUND~Y LINES OF COLLIER COUNTY ARE AS FOLLOWS: BEGINNING WHERE THE NORTH LINE TO TOWNSRIP FORTY-EIGHT SOUTH EXTENDED WESTE/~Y INTERSECTS THE WESTERN BOUNDARY OF THE STATE OF FLOR]DA IN THE WAT~R~ OJ: THE GULF OF MEXICO; THENCE EASTERLY ON SAID TOWNSHIP LINE TO THE NORTHWE.TF CORNER OF SECTION FOUR OF TOWNSHIP FORTY-EIGHT SOUTH OF RANGE TWENTY-FIVE EAST; THENCE SOUTH TO THE NORTHWEST CORNER OF SECTION NINE OF SAID '"OWNSHIF AND RANGE; THENCE EAST TO THE EASTERN BOUNDARY LINE OF RANGE TWENTY-SIX EAST; THENCE NORTH ON SAID RANGE LINE TO THE NOR~{WEST CORNER OF TOWNSHL" FORTY-SEVEN SOUTH OF RANGE TWENTY-SEVEN EAST; THENCE EAST ON THE NORTH LINE OF TOWNSHIP FORTY-SEVEN SOUTH TO THE EAST LINE OF RANGE TWENTY-SEVEN EAST; THENCE NORTH ON SAID RANGE LINE 'I O THE NORTH L~q~rE OF TOWNSHIP FORTY-SIX SOUTH; THENCE EAST ON THE NORTH LINE OF TOWNSHIP FORTY-SIX SOUTH TO THE EAST LINE OF RANGE THIRTY EAST; THENCE SOUTH ON SAID RANGE LINE TO THE NORTH LINE OF TOWNSHIP FORTY-NINE SOUTH; THENCE EAST ON THE NORTH LINE OF SAID TOWNSH~ FORTY-NINE SOUTH TO THE EAST LINE OF RANGE THIRTY-FOUR EAST AND THE WEST BOUNDARY OF BROWARD COUNTY; THENCE SOUTH ON SAID RANGE LINE, CONCURRENT W1TH THE WEST BOUNDARY OF BROWARD AND DADE COUNTIES, TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF TOWNSHIP FIFTY-THREE SOUTH; THENCE WEST ON THE SOUTH LINE OF SAID TOWNSItIP FIFtY-THREE SOUTH TO WHERE THAT LINE EXTENDED INTERSECTS THE 'WES~ BOUNDARY OF THE STATE OF FLOR]DA IN THE WATERS OF THE GULF OF MEXICO; THENCE NOR~IWESTERLY AND ALONG THE WATERS OF SAID GULF OF MEXICO, INCLUDINO THE WATERS OF SAID GULF ~ THE/URISDICrION OF THE STATE OF FLORIDA, TO THE POINT OF BEGINNINO. PER FS 7,11 LESS INCORPORATED AREAS OF COLLIER COUNTY DESCRIBED IN EX/-IlBrr A, CITY. DF NAPLES AND EXHIBIT B, EVERGLADES CITY AND RXSIBXT e, CITY Ol~ MARCO ISLAND ! 6 P=. EXHIBIT m~. CITY OF NAPLES CITY LEGAL DESCRIPTION (INCLUDING WEST BOULEVARD ANNEXATION ARF. A} Beginning at the dorthwest corner of Section 16, Township 49 South. Range 25 East, thence .&sC along the north line of said Section 16 to th. north quarter cornsr of Section 16, also the northeast corner of Government Lot One; thence south 00 ditties 45 minutes 40 seconds e&st for 30.00 feeC to the northwest corner of Park Shore Unit No. 4, /aid, point is also the southwest corner of Seagate Drive and Craycon. Road; chance along the platced boundar~of sa~d Park Shore Unit N~. 4 ~n the following described courses: notch 89 degrees 31 m~nucei 00 seconds aisc 33~.83 feetl south 0 degrees 39 minutes 10 seconds salt 660.00 feet; north 89 degrees 3~ m~nutes 00 seconds east 330.00 feet; north 00 degrees 39 m~nutes 10 leconds weeC 660.00 feeC to the south right of va7 li~e of Seagate Dr~ve; thence east along the south r~ghC of way l~ne of Seagate DrSva Z,866.98 feet co a ps,nC on the wes~ rLght of va~ line of U.S. 4~ (?amSam£ T=e~I) I said point being the IOUthwest rSghc of ~a7 corner o~ Seagate Drive Lnd U.S. 41 (Tamiam£ Trail); thence southerly along chi vest r~ghc of way line of U.~. 41 (Tamiemi Trail) 2,623.60 Eeet Co & point on the east and wast quarte~ section line o~ Sect£on L6, Township 49 South; Range 25 £asC; thence along the iasc and wast quarter section line of sa~d Section 16, north 89 degrees 39 minutes SO seconds test 1S0.00 feet co the east quarter corner of sa~d Section 16~ thence along the east line of sa~d Section 16, south 0 degrees 24 minutes 40 seconds sase 2640.62 feec co the norcheao= corner of Section 21, Township 49 South~ P~unge 25 East; thence along the e&sC line of said Section 21, South 0 degrees 43 minutes 30 seconds east ~069.33 feet co a point which 1iai north 89 degrees 16 mi~Utll 20 seconds east 150.00 feet from Chi northeast corner of Lo= I of Block 22 of said plat of Park Shore Unit No.31 thence at right angles co chi weak right-of-va7 line of U.S. 41 (Tamia~L Tra~l)o easterly 2S.00 fee2 Co Chi sas= r~ghtoof-way l£ne of U.S. 41; ChiJlCe along the east =Lght-of-va¥ line of U.S. 41, southerly 810.97 ~ee= ~o the z~or2hwest corner of Block A, North Naples H~ghlandl as recorded in Plac Book ~, Pa~e 12; thence south 89 degrees 43 ~/nuces east, 37S.0 feet~ thence south 1~5.~2 feet~ thence notch 89 degrees 40 ednutes 45 seconds we,C, 22.S3 feeC Co the beginning of a curve concave souCheasterl¥o 113.23 feeC (Chord - 112.72 feet, Radius 330 feet) to a curve. concave northwesterly. 92.68 ~eeC (C~ord - 92,22 feeC. Radius 270 feet); Chance notch 89 degrees 40 ~/nuces 4S seconds vest, 1S0.3~ £eet to the eaec rLghc of ray line of U.S. 41l thence Iouch along ea~d ~&st right of wa~ l~ne Co the norchwest corner of ~rac~ "AS, ~PR Z '96 16:51 1 813 DEC ! 6 I 97 High Point Subdiv£sion; ~hencs south e9 degrees 55 minutes 30 seconds east, 400.0 feet ko the northsas~ co~nsr of said Track "A"; ~hence sou=h 0 degrees 02 m~nu=es 02 s~con~ ~s~, 434.88 ~he north line of ~sama~ Heights ~dl=ion~ ~hence west along ~henca sou=h ~long ~ha ease l~ne o~ said ~= 48 =o ~he sou~haas= co=nar of sa~d ~ 48~ ~hanca ~es= ,long ~he south ~ of ~=s 48, 46, 44, 42, and 40 =o =he sas= righ~ of way l~ne of U.S. 41~ ~henca southerly 858.62 ~ee~ along sa~d eas~ r~gh~ of way l~ne of U.S. 41 =o · poin= on =be nor=h ~$~8 of Sec=~on 27, T~sh~p 49 Sou=h, R~e 25 Eas= which l~es ~eet sas= of the no~h-wes~ co~er of said Section ~7~ ~hence along =he nor=h l~ne of said S~c=ion ease =o =he nor=heas= co, er o~ ~he nor=hw~s= ~arcer of sa~d Section 27~ =hence con=inuin~ alon~ =he nor=h l~ne of said Sec=~on 27, ease 45 fee~ ~o ~he eas~ right-of-way line o~ C-eSL (also as ~odlecCe-F~k Road); thence along said eas~ ~igh~-of-way line ~ C-~5~ (also ~o~ as O0o~leCCe-F:~ Road), (which · zne ~es 45 feec ease of, measured aC ~ghC angles Co, and pa~a~e~ ~i~h ~e notch and south ~a~Ce~ section ~ne o~ saSd Section 2~), Co the no,ch l~ne o~ ~C ~L, Hap~ee Zmp~vemen~ Co~any*s L~CC2e Fa~s, Pla~ Book 2, Page 2~ Chenc~ easc e~ec secC~o~ 2~e of S~cc~on 27, To~sh~p 4g SouCh, R~o 25 thence no~ a~ong C~o ease ~no o~ sa~d Section 27 no~CheasC co~e~ o~ sa~d Section 2~ thence ease along the no~h l~ne of Section 2~. To--hip 4g South, Range 25 ~e~ Co a ps,nC ~go.0 geec vest o~ Ohm west right ~ way ~ne o~ ~~ Road; ~hence sou~h 0~ degrees 20 m~nu~es 00 seconds ens~, ~320.0 feet; ~hence no~h 89 de~ees 25 ~nv~es 40 seconds eas~, ~G0.0 fee~; thence notch ~ degrees 30 mauves 00 secon~ west, 1320.0 fee~ ~o ~he no~:h l~ne of sa~d Section 2S~ ~henco eas~ along sa~d no~h l~ne of Section 2S ~o ~he ves~ ~9h~ o~ v~ l~ne of ~o~- Pulling Road; ~hence southerly along ~e wes~ ~9h~ o~ way l~ne said A~o~-~111ng Road ~o ~he s~h 1tno o~ saAd Section (said ~tghc of*va~ l~ne lY~n9 S0 Eee~ ves~ of ~ha sou~hens~ co~eF o~ sat~ Section 2S); ~h~nce wes~eF1y along sa~d sou~h l~ne ~o ~he sou~hwes~ co~e~ o~ sa~d section 2s; ~ence no~he~1F a1~g ~he west l~ne of sa~d Section ~6 to ~he southerly F~gh~-ofoway l~ne ~olden Oa~e Parkway (Z00 fee= wide); ~hence eas=eFl~ along sa~d oou=he=~y =~gh=-of-way Z~ne ~o a po~n= Zy~ng ~20.00 fee= wes= o~ =he wes~ l~ne of sa~d Ai~o== ~11~ng Road; ~henct northerly paralle~ w~th sa~d wes= r~gh~-of*,ay l~ne =o =he horsefly r~gh= of ~y l~ne o~ sa~d ~1den =a=o Par~ay; ~henct westerly alon~ no~h righ= of way of ~lden ~l~e Par~ay ~o a ~= S20 fea~ eas= ~d 235,46 feec sou=h of ~ht nor=hwes= co~e= of ~= 8, Z~Fovemen~ ~o~any's L~==lo Fn~; ~ce no~h 22S.4s fee= ~o north l~ne of ~= 8; ~hence wes= along said no~h l~e S20 ~ee= =o =ho no==hwes= co~e= o~ sa~d ~ 8; =hence sou=herly ~o =ha= ~gle ~n= ~ saSd east ~Sgh=-of-way l~ne which l~es ~ a l~ne 400.00 fee= no~herly of (measu=ed aC r~gh= ~gZes ~o) and parallel w~=h =he nor=h l~ne of Sec=~on 34. To~sh~p 49 Sou~, Range =hen~b con=~nuing along sa~d eas= =~gh=*of*way l~ne =o ~he no~h ~FR ~ '96 16:51 2 AGENDA. IT.,Eu ,~ J i~EC ! $ ~97 ~' +1 813 ~ line of Gordon River Homes S=bdivision; =hence east along the north s S0, 49, and 48 to a point 22.5 feet east of the line of Lot ...... ~ .... south ~aralle1 to the west line nor=hwe ....... ~ · =__ .~ · ~ a~. ~henca wes~ along =~e · *"'le~e--~r~k ~oad) =hence continuing along sale easc r~sfl=:v~- "~. '"'Fi -[T~'~i_.~.~ ~.~ .~. ~orCh ~d south ~arcer section line o ne of the southwest o~-wa line =o a.poin= o~ =he north li ............ f =h~ northeast ~ar=er o~ Sec=ion 34, T~S.lp 4~ ~oucn, ~a~= ch 89 de ess 41 minutes 30 secon~ east 494.~ _ _ nor ~ ~8~= =o a point of c~a~ure~ ~hence sOUthWeSterly tangential circular ~e, concave ~o the northwest having a radius o~ 243.97 fe~ and s~=ended ~ a chord which bears south degrees 3~ manu=~s 25 seconds wes= ~45.84 fee=~ =hence south degrees 41 minutes 30 seconds w~s= 250.0 fee= =o the easterly o~ way line o[ Goodle==e-Fra~ Road; =hence south along said o~ wa line =o a point 48.43 ~ee= south of the nor2h line of ~he sou=h~alf oE Sec=ion 34, To~sh~p 49 Souch, Range 2S Eas=~ =~ence north 89 degrees 56 minutes 59 seconds tas=.249.T9 fee=, northeasterly 173.98 fee= along =he arc of a c~rcular cu~e concave =o =he northwest having a radius of 293.97 fee= and being s~=ended b a chord which bears north 72 degrees S9 ~inu=es 41 seconds east ,~, -= ~---. -~-~e- sou~h 89 de~ees 47 ~nu=es 31 seconds eas~ 993.g4 fee= ~o a poinc on that bulkhead line as sno~ on recorded in Bulkhead Line Pla= Book 1, Page 25, Collier County Public Records, Collier County, Florida; thence ~n the following courses alon~ the said Bulkhead line, %7.2V feet along =he arc a non-tangential circler cu~e concave ~o the wesC, hav~ng a radius of 32.68 ~eec ~nd subtended by a chord hav~ a bear=rig south l& de,tees 08 m~nu=es 50 seconds easC and a 1eriCh o~ 4~.26 feet ~o a point o~ tangency7 south 2~ de~ree~ 17 minu=es 25 seconds wes= for 202.44 feet to a ~inC of ~at~e, 296.89 feeC along the arc of a cu~e concave to t~e southeast, ~v~g a =a~us o~ 679.46 ~eet ~d s~tended by a chord havin~ a bear~n~ of sou=h 14 de~rees 46 m~nu=es 21 seconds west and a length of 294.54 feet ~o a poin~ of reverse ~aturc~ 157.10 feet alon~ the ~rc of a.c~e to the nor=hwes=, having a ra~u~ of ~41.v0 z~t,.~ s~enoeo a chord ~v~no a bearing of south 10 d~ees ~ ~uces %~ seconos we~ and a l~h of 156.55 feet ~o a point of ~eversa ~ature~ 307.67 fee= along =he arc of a ~e concave =o ~he no,hesse; having a radius of 278.30 fee=, .~d ~b~ended ~y a chord hayin~ bering o~ sou~h XR de~ees 47 minu~es S9 seconds eas~ and a len~ of 292.24 fee= =o a poin~ of reverse ~a=ure~ 13S.31 fee~ alon~ ~he arc of a ~e concave =o ~he southwest, herin9 a ra~us 100.00..fee~, and s~=ended ~ a cho~ havxng a bearing of south degrees 42 minutes 27 seconds east and a length of 125.21 rem= AGEND~IT£M \ DEC 1 6 L 97 en thence south 33 degwees 03 ~/nuteS 21 seconds sine of tang ~.c~; nuCes $1 seconds P or 2~S.~0 ~ee~ &nd south 33 degrees 2~ ~ ..... ~z SC 1.93 ~ee~ he soucheasc w~ich is also Che north l~ne of ch~ sou=h his of ~ cc=ion 34. To--ship 4g Sou=h. ~ange 2s Eas=~ cnence sa~d Section 34, eas~r~[.~ -,,~y~ffff .~_ o. sC L~ne o~ sa~d · 25 Eas~; thence a~on~ ~..u -- - 49 South. ~ng chwes~ co.er sc ...... ---~- ~3~0 ~ee~ mo~e or less ~o the n~ _~ ,.__ south ~ sa%d Sec=ion 35, easterly Co =he west lies 50.0 ~eu , Ion said wl=h =he east line of said Sec=ion 35~ ~hence a ~ 13 ~nu=es 57 ne o~ S,ace Road No. 31, south 00 wa~ li n said wes= right- seconds wes= 1800 f~e= ~re or less ~o a point o of-way line, which lies north 00 degrees 13 minutes 57 seconas easc 848 02 fee= and ~ou~h 89 degrees 46 minutes 03 seconds wes= 50.00 fee~. from =he 'sou=heas~ co,er of said Sec=ion 35~ =hence =nu~n aloe said wes= righ=-og-waY line southerly 225. con= g ~ ..... · .... - .... ~- concave =o =he east, along ~he arc o~ a cangen=la~ c~rcu~ ~"'r .... us 2914.93 fee=. s~=ended by a chord welch ~ears soucn radi ~h~cn con=~nuing 7 minutes 43 seconds east 324.87 fee~ _ d~grees ~ ...... . .... ~.. ~n.nen=lallv south 6 de~rees concave =o =he southwest, nav~n~ a c~Rra~%~t-a distance o~ es ~2 seconds and a =adius of 18s0.ou m~u~ ..... ~ ...... q~ --~--eef 57 seconds wes= 207.3 J - - · ..... ~- -~rch ~ne sc aaa 313.03 2 To~en~ 50 ~oucn. fee~ wes~ of the northeasC.co~er ~ Sec~ · _~ Rang 25 Eas~; Che~ce soucheasCerlF, 300.7 ~8~ ~r~ ~r.~-~ ' ~ on =he easC line of said Section 2 wnL~ po=nc a~en or~heas~ co,er o~ ~he sou~heas~ ~ar~er_o~ S ~..-~ ~-~- ~5 Eas~ ~hence sov~herl~ along ~h~as~ ~n~.~_~ '~"~"' ~'"~' ' - -- .... :-- - -~ alona cae ease ~ - -= -- -- --~ 27 all in To. ship S0 South, a~n~e East, to the southeast co,er oz .sal~ sec,=on 27f ~s~ outh Ran · 25 Eas=; thence westerl~ a~ong t~e sou~ ~2~ S , 9 ......... k ~m~o ~S ~sC. ~d along the section 27, To~s?p ~u ~-~'[fl.t~ ;o a ~i~t ~000 ~ee~ ~es~ wesCerly prolongacL°~ sc sa~u sou~,, &-,,- - of =he mean low wa=er l~ne of ~he Gul~ of M~co~ =hence northerly ~ee= westerly of ~he ~e~der~ of =he said alon~ a l~ne l~ing 1000 mean Iow wa=er line Co ~ lncerseCcLon ~ch ~e prolongation of Cbt notch l~ne of Section 16, T~Sn~p 4~ ~oucn, Ran · 25 Ease; thence easterly along eai~ weo=e=l~ prolongation co Chegp~ace of begi~ing, said land lying and being in Collier Co~c~, Flo=~da. 4 16:53 +1 913 d3d d659 PAGE.005 ~ws of Florida, Acts of 19~3 An Act to Abolish the Chart, er o£ the To~n of Ever[lades, Ln Collier CounW, F2orida, and to Gran~ I New Charter for tbs."City et Ever[lades. in Collier County Created On~e~ ~is Ac~,.to Define,its Boundaries, Jurisdiction, Pavers, rrxvz~eGes The T%de Water and other Lands and River 3ot~oma; to Yalidate Ill Taxes and Other Assessments and Levies Heretofore Made; to Preserve the Validity and BlndLn~ Force of All Debts, · ObliGations end Liabilities of theFormer Town of Ever[lades, City of Ever[lades Created by This Act. end to Preserve the Validity and Slndin[ Force of All Credits and Aase~s of the Formbr Town of Ever[lades an~ :o Continue the Same as the Credits and Assets of ~he City of Ever[lades Created by This Act; Fixing the Time :~hen This Act Shall Take Effect; and to _ Provide for the Election and Compensation of the City Officials Authorized by This Act; Craatin[ 8 Municipal Court and Defining its Ps-ers and Jurisdiction; Creatin[ a Municipal Corporation ~n the State cf Florida ~o be Known as the City of gverElades, and Crafltinz Unto it Specific and Cefleral Power and Authority Incident and Necesso~ to :he RunninG and Operation of a ~c~pal Corporac~on. BE IT ENACTED BY T~ LEOZS~TU~ OF TEE ~ATE OF ~ORIOA: Section 1. ~HARTER REPEALED AND N~ That :he prese~ Cha~er of the T~ of Ever&lodes, tn Coll~or County, Florida, and all laws amenda~o~ there- of bo and :he some are hereby repealed, and a ~ove~ent be and ~s hereby cr~a~ed under the name of -C~Y OF E~ROLAD~", in Collier County, Florida ~ch shall ~ssess the Corr,:or,al limits and the p~rs and duties hereafter se~ fo~h. Section 2. BOUNOARI~. The terr~tor~a~ l~mito Of the City of Everglades crested under this Act are here~ defined as follo~: of ZAo so~hwesz ~a~er of ~ecti~ 11. To. ship hnGo 29 bsa, the~ce.bs~er~y to the No~heoo~ co.er ~he ~es~ ha~t o~ t~e a~thwest qua~er oF the No~heas~ ~o~er o~ sa~d Section ~. thence Southerly ~o the South- oas: co.er o: the Wes~o~F oF the Southwes~ ~a~eF oF tho Southeas~ ~o~er o~ said Sec:ton ~; ~heflce to the No.heist corner of ~hl Ro~hwlt ~l~er of the Ho~hoas~ ~o~er of Section 1~, To.ship 53 S~th, of bnEe 29 b~; ~htnce S~erlF ~o t~e S~heas~ co.er of zhe No~hwiZ ~a~er of zhe ~o~heas~ ~a~er of *aL AGENDA. ITEM DEC ! 6 Section l~; thence Westerly to the Kor~healt corner of the t(esc half of the S,outhweet quarter of ~he No.heist-~aner of aa~d Section 1~, thence ~cherly Co the S~theasc ~orn~r of ~he );es~ ~lf of ~he Ho~h~l~ ~a~lr o~che 3ou~eas~ ~a~er of ~aid Section ~k, t, ence Nester~y ~o the flortheist corner of the S~thels~ ~l~er of the ~es~. ~l~er o~ si~d Section 12; thence ~ou~herly to the 3outheist co.er of the 1c~h ~lf of the S~he~st ~a~er of the ~o~hves~ ~a~er of Section 2~ T~s~ip ~5~ l~th[ ~nge 29 ~st~ t~ence Ves~erly to the corner of the ~o~h hill of Ilid Z~theis~ ~l~er of the ,~o~h~s~ ~a~er of Section 2~ thence ~o~herly to the ~the~st co.er of the Ko~h~ ~er of the ~o~h- s~chves~ co.er of the No~hwsC ~er of the No~h- ye, . or ,,,d ,,cc o. 22: thence Westerly ,~o ~ne ~c~s~ co.er of ~he bs~ half of the S~heos~ quarter of the Southeast quarter of Section 15, Township '5~ South Ranis 29 ~Jst; thence ~orcherly to She #arCh- west corner at ~he East half of She #orchssl~ quarter of the Southeast quarter of laid Section 15; thence Easterly to the #or~hoaat corner of the Ealt hill of the e~lc qu~..r~er of the Southeast quarter of laid Section c eflct .or~hlrl~ to tho #or~hwls~ corner of the $ou~Jrees~ ~.e_r~e~. of_the Souc~vesc ~a~er of Section 11, T~shtp co.er of ~he ~o~?as~ ~fltr of ~he S~hwes~ ~a~er of sa~d Section 1~, ~henct Noflhe~ly ~o ~he poifl~ of All aa shown on plac of the Town of EverGlades. recorded in PiI~ Book 1, Pa~ea g? to 95, inclusive, Collier County records and the CLay limits al shorn ~hereofl. 11 A/~TICLE II - CORPORATE LIM1TS Section 2.01 DesCription of Corporate Limits.--The %2, 13 following shall constitute the Corporate Limits of ~he Ci=y of 14 Marco Island: 15 1'*/ 18 19 20 21 22 23 25 26 27 28 29 30 31 A Corporate Linm lying offshore from Marco Island, in portions of Township 52 South, Range 26 East, collier County, Florida, which line is described as follows: From the corner common Sections 17, 18, 19, and 20, Township 52 South, Range 26 East, run Westerly along the line common to said Sections 18 and 19 to a point 2,640 feet offshore in the Gulf of M~xico from the Mean High Tide Line Section 18 and point of beginning. From said point of beginning, r~n Southerly. 2,640 feet offshore from the Mean High Tide Line of Marco Island, pas= =he Southerly point of said Island to =he mouth of Caxambas Pass, thence run Northeasterly in the waters of Caxambas Pass the center line of the channel of said Caxambas .. -1- AGENDA O'E&'I, \ DEC 1 6 ENROLLED 1997 Legislature I~B 1729, Firs: Engrossed 1 2 3 5 7 9 10 11 12 13 1S 16 17 18 19 20 21 22 23 24' 25 26 27 28 29 3O 31 Pass; :hence run Easterly along :he centerline 6f the channel of Caxambas Pass, :o a pein: intersecting a marked channel running Northerly towards Barfield Bay; thence run Northerly along the centerline of said channel to a point 300 fee: offshore in Barfield Bay from :he Mean High Tide Line of the Easterly end of lands formerly known as J.M. Barfield Subdivision, thence run Northerly, E&sterly, and Southerly, 300 fee= offshore in Barfield Bay from =he Mean High Tide Line of Marco Island to in:ersection with the centerline of Blue Hill Creek; thence run Southeasterly along the centerline of Blue Hill Creek to a point 300 fee: offshore in Blue Hill Bay from the Mean High T£de Line of Marco Island; thence continue Northerly, Easterly, and Sou:herly 300 fee: offshore in Blue Hill Bay from the Mean High Tide Line of Marco Island to cen=erline of the aforementioned Blue Hill Creek; thence run Northeasterly along the centerline of Blue Hill Creek, bu: to a point intersecting the line common :o Range 26 Eas: and Range 27 East, Township 52 Sou:h° Collier County, Florida; 'thence run Northerly along :he line common :o said Range 26 and 27 but =o a pein: intersecting :he cen=erline of :he channel of the Big Marco River, thence Northerly, Northwesterly, and Wes:erly along :he cent~line of :he aforemen:ioned Big Marco River and out through the marked Capri Pass, being 2640 feet offshore from :he Mean High - 2 - 2 & ENROLLED 1997 Legislature HB 1729, FirSt Engrossed Tide Line of Marco lsland~ thence run 'Southwesterly, Southerly and Southeasterly 2640 feet offshore from the Mean High Tide Line of Marco Island to the point of Beginning lying along the East-West line common to Sections 18 and 19, Township 52 South; Range 26 East. -3- DEC ! $ ~t7 PETITION NO. AW-97-1, RANDY SEYLER OF D. ASHTON ENTERPRISES, INCORPORATED, REQUESTINO A 250-FOOT WAIVER OF THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN PLACES SERVINO ALCOHOLIC BEVERAGES AND A CHURCH/CHILD CARE CENTER, FOR A RESTAURANT LOCATED AT 1046 PINE RIDGE ROAD, WITH A RESULTING SEPARATION DISTANCE OF 250 FEET. The applicant is requesting a waiver of 250 feet from the 500-foot separation requirement between establishments eel_linE alcoholic beverages for on-premises consumption and a church/child care center. The remaining separation measured from the property line of the church to the outer wall of the restaurant is 250 feet- The Board of Zoning Appeals' decision to waive all or part of the distance requirement shall be based upon the following factors as established in Section 2.6.10.3. of the Collier County Land Development Code. FACTOR: The nature m2d type of natural or mtn-m~..do boundary: structure, or other feature lyinf between the proposea establishment and tn extstinf sohool, child care center,_ pu.b.lic libr&ry, church, p&rk or public phyfro_und w.hi.oh the Bo&rd of Zoninf Appeals to lessen the noea 1or tne distance requirement. Such bound&ry, stmcturo or other feature my include, but not_ be limited to, hkeo, m&rsheo, nondevelopabl_e wethnds, desiimtted proserve mis, ctntls, and mslor rights-of- The restaurant is within 500 feet of the property on which the Seventh Day Adventist church and child care center ~ loc~..te.d.., .T?e two properties are separated by Pine Ridge Road, a sm-lane al3flaea hlEhway. According to the Transportation Department, the width of the Pine Ridge Road riEht-of-way is 100 feet. FACTOR: The paths of vehioul&r and pedestrian trufllo which could be taken between tho establislunent and the churoh, school, public NO, ~ I%1 Il I I1 III0 I11 0-4 4 The shortest path for vehicle traffic from the restaurant to the church would be east on Pine Ridge Road to the nearest median cut, turn across the westbound lane of Pine Ridge Road, and into the church driveway, a distance of about 400 feet. Pedestrian traffic would head west along Pine Ridge Road to the crosswalk at the intersection with US 41, across Pine Ridge Road, then east along Pine Ridge Road to the church, a distance of about 1000 feet. FACTOR: The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages. According to the applicant, the hours of operation of the restaurant would be 11:00 AM to 2:00 AM. Lighting consists of interior lights and an exterior sign. No live music or other entertainment which would generate noise and/or light is proposed. FACTOR: Whether alcoholic beverages will be sold in conjunction with food or whether the establishment is primly en~aged in the sale of alcoholic beverages as a primary use. According to the petitioner, alcoholic beverages would be sold as an accessory to the sale of food, and the restaurant would derive well over 51 percent of its revenue from the sale of food and non-alcoholic beverages. Additional Considerations..' 1. The restaurant is located within a commercial strip center (Pelican Place). Section 12.6.10.1.1. of the LDC states that the distance between an establishment located within such a center and the church may be measured from the outer wall of the establishment and not the property line. 12. Two similar distance waivers in relation to this church have been approved by the Board of Zoning Appeals for establishments in the immediate vicinity of the subject restaurant. One of these (Taco Caliente) is located imediately next door to the subject restaurant in the strip center. DEC 1 $1997' FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. trrAFF ~_~-,o ~MM~AT~oN: That the Board of County Commissioners approve subject to Staff stipulations. Planner I REVIEWED BY: ,r{'J. Mulhere, AICP Current Plan.ninE M.anager Donald W. Arnold, AICP Plann' g Services Dep nt DirecWr V'~cent A. Cautero, AICP Community Development and Environmental Services Administrator AW EXEC SUMMARY/10/30/97 Petition AW-97-1 DATE AGEND £ DEC 1 '1997 1 2 3 6 7 8 9 !0 !1 12 13 14 16 1'7 19 2O 21 23 2~ 26 2'7 21 22 37 4:1 RESOLUTION NO. 97- RELATING TO PETITION NUMBER A#-97-1 FOR A WAIVER OF A PORTION OF THE SEPARATION REOUIREHENT BETWEEN AN ESTABLISH~SENT WHICH SELLS ALCOHOLIC BEVERAGES FOR CONSUMPTION ON PREMISES AND A CHURCH FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred off al! counties in Florida ~he power to es~abliah, coordin&te and enforce zoning end such business regulations as are necessary for ~he protec~ion of ~he public; and WHEREAS, the County pursuant ~hereto has adopted · Land Development Code (Ord. No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is tho granting of variances; end WHEREAS, Subsection 2.6.10.3 of the Lend Development Code fo= the unincorporated area of Collier County enq~owers the Board of Zoning Appeals to hear requests to waive the minimum separation requirement between establishments serving alcoholic beverages for consu~=ion premises and an established church, and WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the uninco~porated area of Collier County further provides the criteria by which said evaluation to waive all or part of the m/nimumdistance requirement shall be made; and WHEREAS, the Board of Zoning Appeals, being the duly elected constitu~ed hoard of the area hereby affected, has held a public hearing after notice as in said regule~ionsamde and provided, and has considered the advisability of granting the waiver of separation requirement for the property hereinafter described, and has found es a matter of fact tha~ satisfactory provision end Irr&ngement have been made concerning ell applicable matters required by laid regulations and in accordance wi~h Section 2.6.10.3 of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, ell interested parties have been given an opportunity ~o be heard by this Board in public meeting asalmbledan--~..Md~f/.~ having considered all ma~ters presented; No./~ -1- DEC ]. $1997' ! 2 4 9 12 14 17 19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collie= County, Florida, that= The Petition AW-9?-I represented by Randy Saylar, on behalf of Ashton Enterprises;! Inco~orated, with respect to the property hereinafter described as= Lot 51, Hsplee Improvement Company's LAttle Fa=ms, as recorded in Plat Book l, Page 2, of the PublAc Records of Collie= County, FlorAda. be and the same heFaby As approved for a weave= of 250 feet from the ~l. nimum sepa=atAon requArement of 500 feet between the above described property and the lot on which the nearest established church is located, with a resulting required minimum separation requirement of 250 feet. ' ' ' BE IT RESOLVED that this Resolution re~at~ng to Petition Number AW-97-! be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORXDA TINOTHY L. HANCOCK, CHAXR~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY= 29 ssisTANT TTOR E 34 f/Au-,';-I resolution -2- AGENDA DEC 1 G 1997 FOR ON-PREMISE CONSUMI~TIiN pETITION NO. PROJ~PL~TNER 0i:',,' 1 I597 DATE pETITION RECEIVED ,. FILLED IN BY pETITIONER'S NAME _~ HT N R P,A D pETZTZONER'S ADDRESS 1361 AIRPORT ROAD. NORTH - t~PLES, Ft.0RIDA 34104 TZL aONEIttiI_.U 33. AGENT'B NAME RAflDY SEYLER AGZ:I~'S ADDRESS 1046 PINE RIDGE ROAD ' NAPLES, FLORIDA TELEPHONE (941) 436-3934 LEGAL DESCRIPTION OF SUB,TEE PROPERTY: lOT(S)_ 51 . BlOCK(S) . Naples Improvement Company's Little Farms b~IBDMSION . SECTION_.L%__~__ TWP. ~ RANGE 25 (If legal description Is 1enVy, 1.e. metes ~ds des~ atta~ a~it~onal page) ~D~SS OF ~~ ~OP~ (if different from petit~oner's ad~os~) 1046 PINE RID~ ~AO NAPLES~ ~0RIDA 34105 , ZONING AND LAND USE OF SUBJECT PARCEL C01~ERICAL ADJACENT ZONING & LAND USE C4 N C4 S . E RSF-4 W C4 For Sale lot across Pine Ridge Road is 7th Day Adventts C' Howgate Center office / Restaurant Complex Taco Celtente Restaurant; alcoholic beverages sales permi Sleep Rtte Vatress Store / Georgia Carpet Outlet -1- h'hat is ~he extent of the waiver ~eing requested (in linear from ~he required SO0 ~oo~ separation ~ween ~e ~ee~) s~ec~ prope~M and ~e ch~ch, achool, p~lic par~ or play~o~d? (~Eg ~is distance iB ~eas~ed distance ~ween ~e lo~ on which ~e existing es~a~lis~en~ is located and ~he lo~ on which ~e alcoholio ~ve~ages.a~e ~o ~ sold, excep~ ~ha~ es~a~lis~en~s located in shopping cen~e~s shall ~ neas~ed ~o ~e outer wall o~ ~e es~ablis~en~. ) TH~ DZST~CE BE~EEH THE ~0 LOTS IS 1SO' SEP,A~D BY PI~E KID~ ~OAD, SIX L~E DIVIDED HI.WAY: HOWEVER THE ~STA~T IS LOCA~D AN ADDITION~ 100' FRO~ THAT P~PERTY LINE, ACT~LY C~ATING A 250' SEPA~TION. Oesc:i~ aX1 proposed uses to: ~e s~ect site/st~ct~e a~vl:ies, etc. ~ovide to,al s~e st~~e, and s~are ~ootaqe dedicated to each p:o~sed use. Xndicate proposed ho~s o~ opera:ion. ~11 entertai~ent, i.e., band, D.~., video e~.c? RESTAURANT THE USE OF THIS SITE I/ILL BE FOR THE SALE OF FOOD AS A RESTAURANT. SOUARE FOOTAGE IS 2.800 SOUARE FEET. THE ONLY ENTERTAINHENT PLANNED IS APPROXIHATELY 400 SOUARE FEET IN THE REAR OF THE BUILDING FOR A POOL TABLE. HOURS OF OPERATION ARE 11:00 a.m~ TO 2:00 a.m. THE SITE I/ILL CONTAIN APpRQXIHAT~,Y 200 SOUARE FEET OF OFFICE STORAGE, Staff's analysis and subsequent reco~.end~tion!.an~.~.e ~oard of Zoning Appeals determination, are ~asea onc na gOAAOWXng criteria as provided by Collier County Land Development Code Section 2.6.X0. Please respond to ~.he below listed criteria to the extent you wish (attach additional pages if necessary). -2- DEC 1 6 1997 ~he nature and type o£ natural or Ban-Bads boundazT, structure or o~hsr £sature lying betwean the proceed ~s~lis~sn~ and an ~xistin~ school~ ~~ p~lio p~k or play~o~d which ts d~t~lnsd by ~s Bo~d of Zon~g Appeals lessen ~e need for ~e total SO0-foo~ distanc~ rs~ir~nt. Such ~da~ stn~l or o~t~ ~at~t ~ay lnclud~ ~t not ~ Xait~d to l~sl~ ~shss~ non~v~lopabl. vetl~ds~ dest~ated ~res~e ~eas~ ~als ~d ~or rights- or.ay. ,THE ,T~Q LOTS ARE SEPARATED BY p~[N[; RI~)GE ROAD. A PLR~OR RIGHT OF l~AY IN THE FORM OF A SIX-LANE DIVIDED HIGHWAY. THE LOT THAT THE CURRENT CHURCH IS LOCATED ON IS AT PRESENT ADVERTISING ,THAT IT IS "FOR SALE" ISEE PHOTO}. b. The paths of vehicular and pedeet, arian traffic vhich could be taken. .VEHICULAR AND PEDESTRIAN TRAFFiC.PUl TO TH[; FAdT THAT THERE OOES NOT EXIST A CROSSWALK BETNEEN THE THO PROPERTIES MUST TRAVEL TO THE ~/EST 600° ALONG PINE RIDGE ROAO TO THE CORNER OF PINE' RIDGE ROAD ANO US 411 THEN SOUTH 120° 'ACROSS PINE RIOGE THEN EAST BACK O01~N PINE RIOGE ANOTHER 600° ,TO PROPERTY ENTRANCE,, -3-. AG£ND6 I~EJ~ ! OEO 1 / o. ~he hours o£ ol~ration and the noise and light ~hich could Imttntially b~ gen~ated £=o~ the praisee selling elcoholio b~ve~agse. NO NOISE BEYOHD EXTERIOR WALLS, PROPOSED HOURS OF OPERATION ~ FROH 11,00 a.m. TO 2;00 a.m. resta~). THE SALE OF ALCOHOLXC BEVERAGES W)~& BT V~ED AS AN ACCE$$QRy TQ THE }ALE OF FOOD. THE PERCENTAGE OF ALCOHOLIC BEVERAGES SOLD WILL BE FAR LESS THA~i,4~ ~S' -4- AGE N_O~_IV..M .t DEC 16 1997 Six Lane Highway - Pine Ridge Road Petition for Waiver Seventh Day Adventist Church v,,hich is for sale Agent: petition for Waiver t'r~ Randy Seyler Page 2 of 4 "." '.':-,:~': :~" °" .,~ I · . ,,.r-e-'q.?..':,*~,.... ~ :'. ...", ..... y,.,:"'~i,-?., ~ I · .. : ..*'.'-" ?-:'~",'. ' I ,. ': · .,o%,* s..~,~, s ,-- ! Site Location set back 100' from property line Agenl: Rand~s~yrer [ -Page3of4 · L_,; _.1 Traffic across Pine Ridge Road - No crosswalks A, gen~ Randy Sevler Petition for W-~'er | Page RE(}UEST TO (~ANT FIKAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND IMPROVEMENTS FOR THE FINAL PLAT OF "THE 0RCP2tRDS" TO grant final acceptance of 'The Orchards. CONS IDERATI O~ s 1. On August 28, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "The Orchards". 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is reco~,~-ending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. The roadway, drainage water and sewer improvements not required to be.maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. ~ROWT~MANAGEMERT IMPACTs None Executive Summ~ry The Orchards Page 2 RE~)MMENDATIONs That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "The Orchards" and release the maintenance eecurity. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: Houldswor=h, Engineering Review Senior Engineer Date REVIB~ED BY: l~:jineer~ng Review Manager Donald W. Arnold - -- PI~ Serv~ce~Director Cx~--_~tyDev. and~iro~ntal Svcs. Dev. and Environmental Svcs. DIVISION /~/- Date /,/ Date ~7'RH: ew DEC 1 6 1997 ::, .~.~"-".. :~ ~'~; -....: :, :~ -.~-~":"~ - -;~.::/... ~-.~ ~.-.. -~ - ..+~:~ · . .... . ~ ?" ~.... ei..;~: ~.- ..~-~ ... .%. ~.. .~ . ..?.~.' .:: : ~ i ;7: ~b~ -~:-.~-;,-..-- '¥~ ~ ~ .~, . -~ .. .... ~:~ .~. ...-~'.. ..~.. , L, LOCATION MAP DEC 1 6 1997 ! 2 3 6 8 9 I1 12 RESOLUTION NO. 97..__ RESOLUTION AUTHOI:LIZ1~10 FI24AL ^CCF-I:rTA~CE OF THOSE ROADWAY, DRAENAGE~ WATER A.ND SLrWI~R IMPROVEM~I~I'S IN TH~ ORCHARDS, REL~kSI~ OF THF- MXI~qTE~CE S£CU?aTY, Xl~ ^CCElrl~O T~ MJ~ITENA~CE RES?ONSEBE. rrY FOR ~ ROADWAY, DRA~AG£ , WATER AND S£tRrER p~Q~ TO BE 1M?ROVEM~"TS THAT ARE NOT ASSOCIATION. MXINTA~'D I~Y T~ I-IOIv~OWl'IL:I~ 14 . ·' 15 WHEREAS, 16 18, 1~4 ~mv~ ~e P 17 ~~, 22 . . · 24 wat~ ~d ~ ~pmv~ 26 ~~, ~c C~p~cc S~c~ S~ of~e ~el~t S~c~ D~t 28 ~c~ce of~id ~liti~. 29 NOW, ~O~ BE W ~OL~ BY ~ BO~ OF CO~~t~ for 30 Kc~ce 31 CO~SSIO~ OF COLL~ CO~, ~O~ 32 ~ose m~way, 33 CI~ to ~leue ~e ma~nt~ce ~. 34 35 BE IT ~~ ~SOL~D ~ O~E~ ~t ~e C~ ~c~t ~e ~e 36 m~t~ce ~d o~ an~i corn f~ ~ ~wsy, ~i~ge, wat~ ~d s~er improv~u 37 ~st ~e not ~ 38 39 ~s R~l~ion ~t~ sR~ mogo~ ~d ~d ~i~U ~e fsv~ ~e. 40 41 ~2 43 44 45 46 48 49 50 56 58 DATE: ATTEST: DWIGHT E. BROCI~ CEEI~ Approved as to form and legal sufficiency: ~l~idi F. Ashton Assistant Collier County Attorney BOARD OF COLTNT~ COM:MISSIOI~ERS COI. LEER COUNTY, TLOR.1DA By:_ DEC 16 1997 REQUEST TO APPROVE POR RECORDING THE ]r~ PLAT OP "AUTUMN WOODS UNIT TWO, AND APPROVE THE VACATION OF A PORTION OF THE AUTUMN WOODS UNIT ONE PLAT, PETITION AV-97-022" TO approve for recording the final plat of ,Autumn Woods Unit Two', a subdivision of lands located in Section 10, Township 49 South, Range 25 East, Collier County, Florida, and to approve the vacation of a portion of a drainage easement as recorded on the plat of Autumn Woods Unit One. ~ONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Autumn Woods Unit Two". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and a Performance Bond. This would be in conformance with the County Land Development Code - Division 3.2.9. A resolution authorizing the acceptance of these re-platted lands is attached. This would be in conformance with Florida State Statute No. 177.101(2). Engineering Review Section recommends that the final plat of "Autumn Woods Unit Two" be approved for recording and that a copy of the replatting resolution be forwarded to the Clerk of Courts. FISCAL IMPACTs The fiscal impact to the County is as follows. The project cost is $458,168.10 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving, Grading - $217 s?.so ' $240,580.60 The Security amount, equal to 110% of the project cost, is $503,984.91 The County will realize revenues as follows: Fund: Community Developmant Fund 11 Agency= County Manager Cost Center: 138900 - Development S Revenue generated by t Total: $8979.90 trices Executive Summaz~ Autumn #oods Unit TWo Page 2 Fees are based on a construction $458,168.10 and were paid in October, 1997. The breakdown is as follows= a) Plat Review Fee b) c) Construction Drawing Review Fee Water and Sewer (.S0% const, est.) Drainage, Paving, and Grading (.425% const, est.) Construction Inspection Fee Water and Sewer (1.5% const, est.) Drainage, Paving, and Grading (1.275% const, est.) -$ estimate 538.28 - $1,087.94 - $1,022.47 - $3,263.81 - $3,067.40 of ~]IOIITH MTUNA~EMENT IMPACTt The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. P. ECOMMEND&TIONs That the Board of County Commissioners approve the Final Plat of "Autimn Woods Unit Two" with the following stipulations= e Accept the Performance Bond as security to guarantee completion of the subdivision improvements. Authorize the recording of the Final Plat of "Autumn Woods ~it Two." 3. Authorize the Chairman to execute the attached construction and maintenance agreement, and Resolution. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. 5. Authorize the Clerk of the Circuit Court to make proper notation of this action upon the previous plat. DEC 1 6 1997 ExecutLve Summary Autumn Woods Unit Two Page 3 PREPARED BY: O R. ou swort , Sen or Eng neet · ngineering Review REVIEWED BY.. Thomas E: Kuck, P.E. Engineering Review Manager Donald W. ArnOld Plann~%ng Services Di~ector ~ncent A. Cautero, Administra~or Community Development & Environmental Services Conmnmity Dev. and Environmental Svcs. DIVISION JRR/ew Date IZ-/- Y? Date Da~e' DEC 1 6 1997 ' ~ ':"~ " SINGS 77/- LOC^T!ON I"I^P COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ... day of .___ ,19..., between CENTEX HOMES, a Nevada General Partnership' authorized to transact business in the State of Florida, hereinafter referred to as 'Developer', and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the 'Board'. RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: AUTUMN WOODS UNIT 2. B. Division :3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the Improvements required by sald subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required Improvements. NOW, THEREFORE, in consideration of the foregoing premises end mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: A certain plat of a subdivision to be known as "Autumn Woods Unit 2', with all infrastructure improvements, including potable water system, sanitary sewer system, storm drainage system, roadway system and landscaping consistent with WMBP Proje~, Sheets I through 14. The required improvements will be constructed within eighteen (18) months from the date of approval of said subdivision plat, said improvements hereinafter referred to es the required Improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made e part hereof) in the amount of ~ which amount represents 1 10% of the estimated cost to complete the required improvements at the date of this Agreement. In the event of default by the Developer, or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required Improvements. The required improvements shall not be considered complete until a statement of substantial comp!etion by Daveloper'a engineer, along with the final project records, have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. c:[...~lutwoods~Jlndev2.cod Collier County Land Development Code Page 2. The Development Services Director shall, within sixty {60) days of receipt of the statement of substantial completion, either: a} notify the Developer in writing of his preliminary approval of the Improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the Improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain ali required Improvements for a mlnimum period of one (1} year after preliminary approval by the Development Services Director. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to Inspect the required improvements. The Development Services Director, or his designee, shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code aa reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. Six (6) months after the execution of this Agreement and once within every six (6} months thereafter, the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance lacurity shall be accompanied by a statement of substantial completion by the Developsr'l engineer, together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the Improvements completed as of the date of the request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement end receipt and acceptance of bids, the improvements required herein. The Developer, es principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants end conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. DEC 1 6 1997 PI. ,& Collier CounW Land Development Code Page 3. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this_ day of ' ~ 19 .o SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Printe( Si CENTEX HOMES, a Nevada General Partnership By: Centex Reel Estate Corporation, a Nevada By: ~it M~.g Gener,I P. rtner -TIM~"I-I~f :~. RUEMLER Division President Printed or Typed Name STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, Timothy J. Ruemler, Division President of Centex Real Estate Corporation. Managing General Partner of Centex Homes, a Nevada General Partnership, on behalf of the Partnership. He ist personally known to me and did not take an oath. WITNESS my hand and official seal in the County and State lest aforesaid this _ 12th day of l~ovember ~-!-. . 19ii.. /~ o"fJ ~ttttttt~/t~Tt~tt/tttt/t~//t~t/~ C: ~...~lut woOCll~ll~lV2 .C04 DEC 1 6 1997 Collier Lend Development Code WITNESS: \ Printed or T~me P~ed or Typed Name ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency: ~=.~unty Atto;ney c:~.. jutwoods'd~ndevJ.cod Pege 4. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, Chairman DEC 1 6 1997 pERFORMANCE BOND BOND NO: 6921790 KNOW ALL PERSOI~S BY THESE PRESENTS: That CENTEX HOMES, a Nevada General Partnership, 6702 Lone Oak Boulevard, Naples, FL 34109, (hereinafter referred to aa "Owner") end SAFECO iNSURANCE COMPANY OF AMERICA, 2200 Ross Avenue, Suite 3300, Dallas, TX 75201 (hsrslnafter rsfarrad to ss "Surety") are held end firmly bound unto Collier County, Florida (hereinafter referred to as "County"), in the to~l aggrsgate sum of Five hundred three thousand, nine hundred elohtv-four dollars end I~netv-ona Cen~s L~Oa~=~.). of which in the lawful money of the United Statss, for the psymsnt of whiCh sum well and truly to be paid, ws bind ourselves, our heirs, executors, admlr~stretors, successors and assigns, jointly end severally, firmly by these presents. Owner and Surety sro used for singular or plural, ss ths context requires. THE CONDrrlON OF THIS OBUGATION la kuch that Whereu the Owner h~.. submitted 1or approval by the Board a certain subd'wis;on plat named Autumn Woods, Ur~t 2.pnd that carta;n subd'rvision shall Include specific improvements which ere requ;red by Coil;er Co'utCy Ordinances and Resolutions (hera;nsftar 'Land Development Regula~ons'). This obliga'~on of -,he Surety shall commence on the d~ne th~s Bond is executed and shall continue unt~q 1he date of final acceptance by the Board of County CommLsslonera of the spec;ftc Improvements d~scr]bed in ',he Land Development Regulations (hsra;naftet the. 'Guaranty Period'). NOW, THEREFORE. if the Owner shall well, ~ly and faithfully perform its obllget~ons and duties in accordance with the Land Development Regulations during the guaranty par;od ostablishud by the County. and the Owner shall set, fy all claims and deman~ Incuned and shall fully indemnify and save harmless the County from and against all costs and damages which it may s~fsr by reason of Owner's failure to do so, ~nd shall reimburse and repay the County all outlay and expense which the County may incur In ma~ng good any default, then ~ obllgat~on otherwise to remain tn full force and effect. PROVIDED, FURTHER, that ',ha said Surety. for value received hereby, stipulates and agree~ that no change, extension of ~me, alteration, ~dd;~on or deSe~on to ~e proposed spec;ftc improvemen= sha~ ]n any way affe~ ~ ob~gadon on ~ Bond, and k do, hereby waive no,ce of any such change, e~e~ion of ~me, altem~on, addison or deletion ~ ~e proposed spec;ftc Improvements. "'. DEC 1 6 1997 $ % Performance Bond Page 2. PROVIDED, FURTHER, that it Is expressly agreed that the Bond ahall be deemed emended automatically and immediately, without formal and separate amendments hereto, so es to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this Bond, or other documents ahall include any alteration, addition or modification of any character whatsoever. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: {Print Name) ~Signatu~) ' {Print Name} CENTEX HOMES, a Nevada General Partnership By: Centex Real Estate Corporation, a Nevada lta/~anaging General Partner By: fwt ? ~ TIMOTHY J. RUEMLER Division President State of Florida Collier, SS I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments. personally appeared, Timothy J. Ruemler, Divialon President of Centex Real Estate Corporation, Managing General Partner of Centex Homea, a Nevada General Partnership, on behalf of the Partnership. He il personally known to me and did not take an oath. /J:~T~ my hand. andcfficla' leal in the County end Stlta list .forellid this ~'~ day of 19 9?.. DEC 1 6 1997 Parformance Bond Page 3. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: -- I$lgnature) ~(PrTnt Name! (~ Name) State of Texas County of Dallas A11yson Dea~/ (Print Name} Attorney-tn-fact ~l'nle} ~i*[ Onth~. 24th dayof Nove~ber . lg 97 . I~forl me per~ona,y ippllr, d d ..... A11zson Dean . , ~o~ ~ mi to b~ ~e A~ome~Fa~ ' . of ..~FEC0 INSU~CE CffiPANY OF ~ERI~ . ~ ~e ~o~o~n ~ e~ed ~e w~in .~ ~~, and ac~owledged ~ me ~a?~ co~om~on l~c~d ~ same. ffi ~N~S ~EREOF, I have h~ s~ my hand and aff~d my offi=ai sexy offi~ ~ ~e aforesaid count, ~e day and year in ~ ceffificate ~ ~n ~v~. Pflrlt~d Name My Co~'~'d~lon Expires: 10-9-98 COIJg~RS[GHED BY: LICEtlSED RESZ'DENT AGENT ---X AGrND&.ITEM -~ DEC 1 6 1997 ,~ OF ATT~ :~ ~® N~. 6066 ~ II~,,Jgkildtg~ C0MIeANY oIIr AMERICA HOME Ol~lgl: ~AFE¢O Iq. AZA ALL BY THESE PRESENTS: SA.L'ECO INSURANCE COMPANY OF AMERICA md GENERAl. INSURANCE COMPANY OF AMERICA, ; 01£ MO.TE,T. *LLYSO EA.: SUZA. E .ESS; er..h · W~shington TlxSlBImlll"Nml ~ true md I~vful mmmey(s)-~-f~ wt~ furl m~ority to execute on ~ belair fidelity md surety bonds or undertakings · datum·nra of · ·imiW cha.~-ter issued in the coqa~,· of tm business, md to bind the respective eompmy thereby. -". IH WITI~r. SS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA md GENERAL INSURANCE COMPANY OF AMERICA ...; ex·cured end ,crested these presents ~is 24 _ d,y of February .le9_~_~ · · CERTIFICATE Ex,riot from the By-l.~vvs of SAFECO INSURANCE COMPANY OF AMERICA · nd of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELI'rY AND SURETY BONDS · · · the President. "nY Vice President, the Secret"ry. ~ my Assistant V'm President ,~)oimed for that purpose by the officer in charge of surety operations, shift ·Ich have authority to ~ppoint ind'ndduds attorneys-in-flor or under other ippfoprilte titles with ~zU~ority to exe~Jts cm behalf of the oompiny fidelity "nd surety bonds ,n other documents of simil"r ch"r~cter issued by the comp"ny in the course of its twain·ss. · · On my instrument m~lng or evideflcir such ~ppointment. the signatures may be affixed by fro:simile. On my instrument conferring such luthority or on my bond or undertakir of the compmy, the sell. or a facsimile thereof, may be impressed or affixed or in my other rrmnner reproduced: provided, how,~ this the sell shall not be necsss"rY to the validity of my such instrument or undertaking.' Extract from · Resolution of the Bo.rd of Directors of SAFECO INSURANCE COMPANY OF AMERICA end of GENERAL INSURANCE COMPANY OF AMERICA ~dopted July 28. 1970. 'On "ny certifieite executed by the Secretly or ,n ,ssist"nt secretary of the Compmy setting out. (i) The provisions of Article V. Se~ion 13 of the By-Laws..nd (ii) A copy of the power-of-,ttomey ippotmment, executed pursuant thereto. ~nd GiG Certifying ~ said power-of-~ttorneY ~q~pointment ia in full force end effect. the signazur· of the certifying officer rnly be by fKlirnile. "nd the ged of the Compmy mm/be · fimsJmile thereof.' I. R. A. Pierson. SecretAry of SAFECO INSURANCE COMPANY OF AMERICA end of GENERAL INSURANCE COMPANY OF AMERIC do hereby certify this the foregoing extricts of the By-Lm~s md of · Resolution of the Bo.rd of Directors of these corporitions. of · Power of Attorney issued pursumt thereto..re true md correct, end t~t both the By-L,ws. the Resolution md the Power Attorney .re still in full force ,nd effect. IN WITNESS WHEREOF. I hive hereunto set my h"nd md if fixed the facsimile sell of slid corpor~tJon S-1?4/IP AGE:ND& ATTA~ D PETITION TO VACATE. AVANDON. DISCONT~h'UE. OR CLOSE Date Received: Petition NO: Add~ess: ~ Telephone: C/~/Stace: ~~ / ~, CL~/S~a~e: ~t~ (,~ . ZLp Code: Location: Section ~ Township ~.~ Ranse · ~-~ Subdivision: ' . Plat Book 2~ Pa&e(s) Z7° ~- Reason for Request: Cu~zen Hereby Authoriz A. senc Above to Represent He for this Petition: YesW" No Printed Title /0. q-¢7 Dire Please see "Policy and Procedure of Vacation and Annulment' for the lis~ of supportive ma~erials which mus= accompany this petition, and deliver or mail to: Transportation Services Division Collier County Covernmen~ Complex Naples. Fla. 33962 Telephone: (g&l) 77&-849& .(1) (2) (3) (4) (5) If applicant is a land trust, so indicate and name beneficiaries. If applicant is corporation other than a public corporation, so indicate and name officers and major s~ockholders. If applicant is a partnership,.limited par=nership or o~her business en~i~y, so indicate and name proincipals. If applicant is an owne=, indicate exactly as recorded, and lis= all other owners, if any. If applicant is a lessee, attach a copy of lease, and indica=e ac=ual owners if not lndica~ed on the lease. RD./kc/082095/739 f,.f.AG£NDA IT£~ DEC 1 1997 I~$OLUTION ~O. ~? R~$O~UTION AUTHORIZING THE ACCEPTANC~ OF AUTUMN WOODS ~O A ~P~T OF A ~RTION OF A p~I~SLY ~CO~ P~T ~ AS A~ W~DS ~IT 0~, ~ A~ORIZING VA~TION OF A PORTION OF A pR~IOUSLY ~CO~ P~T OF A~ W~DS ~T ONE ACCO~IN~ ~ ~ A~A~D DES~I~ION, P~IT~ON AV- 97-022 ~, ~he Board of Co~=~ C~ssioneFs of Collier Florida, on Apr~l 22, 1997, a~r~ed ~he pla~ of Au=~ w~s Un~ ~e for recording; and 14 IS W}r~AS, Centex Homes is replatting · portion of Tract L3 16 (drainage easement) and has filed for a replat of said lands~ and 19 does not extinguish or in anyway affect the aeaLcat~ons con=a~neu 20 the previous plat of these landa~ and 21 22 WHEREAS, Centex Ho~ea desires to vacate a portion of the 2~ previously recorded plat as described in Exhibit A; and Wh~, this parcel, the approved plat of Autu,~ Woods Unit 26 Two, is · part of · previoualy approved and r~corded plat, ~ Woods Unit One, and the filing and recording o~ this approvea p~a= 2t shall not affect access to lots previoualy conveyed under the Autu~ 29 #oode Unit One plat. NOW, THE~FOP~8, BE IT P. ESOhV~D AND ORDERED BY Th~ BOARD OF ~2 COUNTY CO~MI$SIONERS OF COhLIE~ COUNTY, FLORIDA, that the plat of ~ Autumn Woods Unit Two, a part of a previously approved and recorded M plat, Autumn Woods Unit One, ia hereby approved for recording and the ~5 dedications contained on the plat of Autumn Woods Unit Two are hereby ~6 accepted, and thoae lands described in Exhibit A are hereby vacated. $? Said vacation shall become ·f~ec=ivs upon recordation of the subject ]~ plat. BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the ~ Circuit Court shall make proper notation of this ·ction upon ~2 previous plat and record · certified coI~ of this replat ~3 certified cop~ of the vacation resolution in the Official Records ~ Collier County. This Resolution adopted after ~otion, second and majority vote ~7 favoring same. ~0 DATED: 31 ATTEST: ~4 DWIGHT E. BROCK, CLERK ~9 6! 62 Approved as to form and legal 66 l{e£di FV Alhton' 67 Assiatan~ Collier County BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOT&Y L. HANCOCK CHAIrmAN EXECUTIVE~IYRIMARY DEFERRAL OF ONE HUNDRED PERCENT OF THE IMPACT FEES FOR A 140 UNIT AFFORDABLE HOUSING PROJECT TO BE BUILT BY CE KENSINGTON, LTD., A FLORIDA LIMITED PARTNERSHIP KNOWN AS SADDLEBROOK/PELIC~ POINTE PHASE I APARTMENTS AFFORDABLE RENTAl. UNITS. To have to Board of County ..C~nmiuioners eppr~ e defanl of_the Library Syste?. .... . Impact Peas, Parks and Recreational Impact Fees, Road ln~.p_a~t. F _.e~s, .F.:m_erl~..~..cy .memc? SaUces Fee~, Water tmpsa ~,~, Sewer Impm ?ees~ tnd .egu .c~..on~ r~mU?,u~?~ Fees for 140 traits ora 140 unit rental affordable nousm$ project to oe consu~ctea oy CEI/Kensington, Ltd., a Florida Limited Partnmhip. CONSIDERATIONS: On N.o. vember 28, 19.9.7 CEI/Kensington, Ltd. filed tn im._~a.ct fee deferral applicstion to prowde for 140 dwell.rog units to be rented by tenants wth incomes not ex~eading 60% of median hous~old income for Collier County. U..nd. er the terms oftbe impact fee waiver and deferral ordinances CEl/Kensington, Ltd. is eh~ble for the follawing tmpact fee deferrals: ~. Library System Impact Fees Road Impact Fees cl Parks & Recreation Impact Fees Co .n.~munity Parks Regional Parks d. Emergency Services Impact Fees e. School Impact Fees f. Water Impa~ Fees g. Sewer Impact Fees Total Impact Fees to be Deferred $ 180.52 5,272.80 935.00 130,900.00 399.00 55,800.00 179.00 25,060.00 2.00 280.00 1 $7.00 115,780.00 900.00 . 126,000.00 1.340.00 187.600.00 $4,762.52 $~,752.80 Impact. fees totaling $666.?$2.S0..woul. d be ,d..ef~ .for six ye~, .fr~.m ~ da?... These unpact fees would be re, aa ann av.ai.lable..m me s~.m ~pac~..~ee.n~. ~ xo..r the f~cal year :2004 bud~e~. Tue proposea mcei tm. p. act t~ der' ,et~rm Is. ri.at tmogetm: ~ March 30, 1994 impact fee ordinnc~, were amended to.not .reqmre .re~. oun.ement to me imp. act fee funds for Affordable Housing Impact Fee Deferrals gnmtea mr a slx year 0EC 16 ~997 Executive Summery Smidlebrook/P¢licsn Pointe Phase I Pege Two ~R~'~r~ MANA(~MF-NT IMPACT: families m compliance With Policy 1.5.2 of the Ho g That t~e Bond of County Connnissioners approve the deferral of impact fees for 140 of 140 units of Saddlebrook/P¢lican Pointe Phase I Apm'tmcnts to be built in Collier County by CEl/Kensington, Ltd., a Florida Limited Pm'tnership. The Bond of' County Commissioners can delay the conu'ibution for impact fee deferrals for up to sevcn years from the date of deferral. This impact fee dcfcrrnl is due and payable within six years of issuance. GM/id 1~03~? PRE. PARED BY: ~ent APPRO BY: vincent A. Cautero, AICP, Commu~ty Dev. And Envinmmental Sves. Dnte DEC 16 1997 A RESOLUTION OF TKE BOARD OF COUNTY COMMISSIONERS, COL,LZER COUNTY, FLORIDA AUTHO~G TI~ D~ OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IM~A~ FEES, ROAD IMPACT FEES, WATER IMPACT FEES, SE'tVER IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT I~F~, A.ND EDUCATIONAL FACILITIES SYS'r~M IMPACT FEES FOR SADDLEBROOK/PELICAN POINTE PHASE I, A 140 UNIT AI~ORi)A.BLE RJ~NTAL HOUSING PRO. CT. WHEAEAS, Collie County bs recognized md ~tanpted K) ~dress the l~k of~ ~ obj~ve I~, ~li~ I A.1, obj~ve 1.5, ~li~ 1.S.2, ~licy I.S.~, ~li~ 1.5.4, ~li~ 1.3.~, ~li~ I.~.6; obj~ !.6, ~li~ 1.6.3; obj~five 2.1, ~li~ 2.1.1, ~li~ 2.1.2, ~li~ 2.1.~, ~li~ 2.1~, ~ ~li~ 2.1.6 of~e Ho~ng ~l~t; ~d ~, ~in~ L~., a ~o~ Limited P~ip, ~I! ~ ~c d~cl~ of SMdleb~cli~ Po~ ~ I ~u, m one h~ ~ fo~ (!~) ~t affable ~ ~g ~i~ on a site I~%~ in ~lli~ Co~, ~o~ of ~ch ~in~ L~. is ~ ~d ~E~AS. on Nov~ 2S, 1~7, ~ ~licatJon w~ ~!~ ~th ~e Coun~ Admi~ for ~e def~ of Collia Count' impe~ f~ for the Saddl~k,?elic~ Pomte ~ I ~j~ consider ~th ~e ~ui~ts o~the Count~' impa~ ~ ~i~; and WHEREAS, in acconhnce with Section 3.4 of' the Library System Impact Fee : ! Ordinance, Ordinance No. 88-97, as ~-nen~ed; Section 4.05 of the Parks and Recreational ~_' F~cilities Impact Fee Ordinance, Ordinance No. 88-96, is amended; Section 3.04 ofthe Road :: Impact Fee Ordinance, Ordinance No. 92-22, as amended; Collier Coun~ Ordinance No. 90- :4 ~6, as mnendgd, the Collier County Water Syatgm ~ Fee Ordinance, Collier :.~ Ordinance No. 90-87, as mnended, the Collier County Sewer System Impact Fee Ordinance;, .:~, Section 3.0~ of the Emergency Medictt Services System Impact Fee Ordinance, Ordinance :' No. 91-71, as amended; and Section 3.05 of the Educational Facilities Sys~cm Impact Fee No. ~ DEC ! $1991 .OrM Ordinance No. 92-33, as amended, an applicant may obtain s deferral of' one hundred pen:em (100%) of impact fees for s period of' six (~) years by qualifying for said WHEREAS, Saddl~.~c. c4c/Pclican Point Phu~ I lus qulfificd for in irnpic~ d~'aril bel~d upon d~ foHowi~ rqn~scnmions mld¢ by CEl/Kensin~on, L~d. A. Tbe Dwellhf Unit ~I1 be the pamm~cnt rcsldcnce ofthe occup~nVt~unt. B. The bous~old re.rig the DwelUng Unit must here · very Iow or iow income k,v~l. ~ the comm,mcenu~ of the iezsehold m~d duration thereof, defined in ~he Appa~ce~ to the respective Impact F~e Ordln~ces monthly rent must be within the affordable housins suid¢iines established in the Appendices to the respec~ve Impact Fee OrdinaAces. C. The Dwelling Unit shall rm~in tffordablc for at least fifteen (IS) years ~ the date ~e certificate ofocculmncy was issued. NOW, THEREFORE, B£ IT RP. SOLVI~ BY THE BOAR~ OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, THAT: I. The Board of Coun~ Commissioners hereby amhor~zed ~he def'e~ral by Collier County of ~he followin~ impact fees in t~e amounts lined below' for the one hundred nnd forty (140} affordable housing units to be developed by CEl/Kensin~on, Ltd. on the Saddlebrook Villa~ PUD site R-90-6, is identified in Exhibit 'A": A. Libra7 Systcm Impact Fees B. Road Impact C. Parks & Recreation Impa~t Fees: Community Parks D. Emergency Services Impact Fees E. ~hool Imp~--t Fees F. Water Impact Fees G. Sewer Impact Fees S 180.52 S 25,272.80 935.00 130,900.00 399.00 55,860.00 179.00 25,060.00 2.00 280.00 827.00 I 15,780.00 900.00 126,000.00 ~ 187_6oo_oo S66~,752.80 TOTAL II, PACT FEES TO BE DEFERRED $4,762.52 1997 2, Def*errd of said impact foes is subject to sod contingent upon execution and record~on of n~ Afre~rnont for l:~crrd of ¢4mllior ~ impact Fe~ which shll b~ entered into betweon the applicant snd This Resolution adoptcd ~ motion, second snd majority vote favoring same. BOAI~ OF CO~ COMMI$$IONSt$ By: Timothy L. Hr, u,~;k, Chairman D£C 16 .~]~,DLEBROOK VILLAGE FIJI) 'LEGAL TI~ West 1/2 o~tl~ ~ 1/4 of $cc~ion 34, Town~p 49 South, P,,tnge 26 The South 50.00 feet for I~,'o la, oM Ri~t-Of-Wa7, and the ~ 726.00 feet of theWe~t 1/2 ofth~ Southeaze /4 of mid Section34. P.z~l containing; 3~3.7~ .~'.e s. ; * PALMS '^. vf~ocl or' .~d:l.~ in Section. ~4, Township 49 ;.~ Pre,red By:. ~ -"~"' : ':' SM. " '.;.' ,~.,'~,~".'-I~, ;': · " .... "' "~ d ' " ' ; 5~IOl.,F, aN. ri'~i~hm~] Tmil~ Suite 202 Naplez, l:fo~:ixia' :34113, DEC 1 $1997 ' ~ ' W 1/2 of~ $ rt~u~ 114 of,Section Commm:,~ ~t the s~t.~m~ ~ ~;n 46.R0~~o ~ ~ ~ N89043'I~ ~m~ o:'~.~ · N2~.S6~3~ .. ,~ .. · .... .: · ' 51.48 ~ ~ , :,: · .. I :p~ ~~ l~.~ ~ mo~ ~ I~s, ~bj~ to ~~s, r~c~o~ end .~~ ~rd: ...,...;....: THE PALMS ; . !LEG'AL DESCRIPTION 27'57'~,' I 27'.~2'1 $' J -- AGE~ DEC 16 1~7 ' AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the Deferral of Impact Fees entered into this of 1997, by and between the Board of County Commissioners of Collier County, Florida, herdnafler referred to u "COUNTY" ~.d CEl/Kensington, Lid., hereinafter referred to as deferral; of impact fees as established in the Impact Fee Ordinance; and WHEREAS, Collier County Ordinance No. 88-97, u ~mended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 90-86, as amended, the Collier County Water System Impact Fee Ordinance; Collier county Ordinance No. 90-87, as amended, the Collier county Sewer System Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for deferrals of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, Colonial F..qu/ti~, Inc. i~ the duly authorized g~neral partner of CEI/Kensington, Ltd. with Richard Shaw as President; and WHEREAS, CEI/Kensington, Ltd. has applied for a deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirement~ for an ~fordable housing AGq~pA rg~lK. DEC 1 $1997 WHEREAS, the impact fcc deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, the COUNTY approved a deferral of impact fees in the amount of Six Hundred and Sixty Six Thousand Seven Hundred Fifty Two Dollars and 80fl00 ($666,752.80) for six years from date of deferred impact fees for Saddlebrook/Pclican Pointe Phase I embodied in Resolution No. ., at its regular meeting of and WHEREAS, the Impact Fee Ordinance requires that the OWI~R enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling units (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain affordable and shall be offered for rent in accordance with the standards set forth in the appendix to thc Impact Fee Ordinance for a minimum of fifteen (15) years commencing from the date a certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be the permanent residence of the occupant/tenant. b. The household renting the Dwelling Unit must have a very low or low income level, at the commencement of the leasehold and duration thereof, as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly rent must bc within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. DEC 1 $1997 c. Thc Dwelling Unit shall remain affordable for at least fifteen (12) years from thc date the certificate of occupancy was issued. 5. SUBSE(~UENT RENTAL OR TRANSFER. If OWNER rents the Dwelling Unit subject to thc impact fee deferral to a subsequent renter, the Dwelling Unit shall be rented only to households meeting the criteria set forth in the Impact Fee Ordinance. Thc impact fees deferred shall be immediately repaid to the COUNTY upon the discontinuance of use of the Dwelling Unit as affordable housing, or six years from the date such impact fees are dcfcrred, whichever occurs first. OWNER agrees that even though the impact fees have been repaid to the COUNTY, the OWNER will utilize the Dwelling Unit for affordable housing for at least fifteen (15) years from the date the certificate of occupancy was issued for the Dwelling Unit. 6. LIEN. The deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. ?. ANNUAL REPORT. Annually, the OWNBR of the Dwelling Unit shall provide to thc County Manager an affidavit of compliance with the affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance. Said affidavit must bc filed within thirty (30) days of the anniversary date of the issuance of the certificate of occupancy. If the income of any unit renter which originally qualified as very low or low income level as defined in the respective Appendix to the Impact Fee Ordinance increases by more than forty percent (,~0%) above the Iow income level described in the appendix, then the per unit deferred impact fee on the non-compliance unit shall become immediately due and payable by OWNER or, in the alternative, the OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in the respective Appendices. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement l~quirements, and upon payment of the deferred impact fees, the COUNTY.' shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement, their heirs, successors and assigns. In the case of sale or transfer by ~ifl of the Dwelling Unit, the ori/inal OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to rent the property in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of notice of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of violation. However, with respect to the Annual Report, OWNER shall not be in default of this Agreement until a fifteen (15) day grace period from the due date of the report has lapsed in the event the OWNER is in default. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees deferred shall be paid in full t~y OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact tbes deferred shall constitute a lien on the property commencing on the effective date of this agreemem and continuing until paid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within thirty (:30) days al~er written notice to the OWNER, the Board may bring a civil action to enforce the Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with an' othen~~ 4 DEC 6 1997 remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, includiag attorney's fees, plus iata'est at the statutory rate for judgments calculated on a calendar day basis until paid. IN WFfNF.~S WHERKOF, the parties have executed this A~-eemeat for deferral of Impact Fees on the dat~ and year first slx~ve written. OWNER: Print Name /'/9 ,~£ V CEI/KENSINGTON, LTD. By: COLONIAL EQUITIES, INC. ITS G~ PARTNER (CORPORATE SEAL) DATED: ATTEST: DWIGHT E. BROCK, Cl~rk COUNTY: BOARD OF COIJI~rY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Timothy L Hancock, Chaiman Approved ss to form and aeidi F.-,tshtgn ' Assistant County Attorney STATE OF ~ T~XAS CO~TY OF t~,~L~s The foregoing instrument was ac~owl~g~d b~for~ m~ ~ ~ d~y of 1997 by Richard Shaw, President Colonial Equities, General P~n~r of CEI~ena?gton, Lt~. o~ b~ pf lhe ~n~hip. He. is .pe~nally knox~ xo me or nas proaucea e of~denu~eauon) as identification. ' ~ t jd f:uddle1:wook p~Ipt ~'ce 6 E~HIBIT A SADDLEBROOK VILLAGE PUD (A.K.A. PELICAN POINTE) LEGAL DESCRIYI~ON Thc West la of the Souihc~.st 1/4 of Section $4, Township 49 South, Range 2b Ea.~. Collier Co .u~, Flotlda,'.lying south of hterstat¢ 75; Less =d ~c~ ~e foUowin~: The South S0.00 fe.~'t tot ~aio Road Rig~t-Of-W&y, and th~ .~st ?2600 fee~ of thc West 1/2 ofth~ Southeast.' 114 of seiki Section 34. Parcel containin$ 3~.79'J: a~.~s. Pase I of 3 DEC 1 · ps.__L~, lp.Tr4 P.C EXHIBIT & T! t~ PALMS I.FOAL DESCRXVr~ON Coliicx County, I~.dd~, ~d'more particularly dcsaib~ u fc~,,Ws: Co~,'~,',ne.c a~ the S~t.comcr ofLhe Wc.~ 1/2 ofthe ~~ 1/4 of,Scc~on 34, Townsl~ 49 $o~tk,',~,l~,,o. 12~ .-East, ,'tm Ngg°41'IS"~t 'i~tist~c~ of'/26 00 foe~; the~oe run NdO°ZW~9 'W a d~s't~oe of ~0.00 feet to tl~e ~o~ Ofi3~;~'~ t~e, nce tun ~g~4~'l~"W a ~s.t~ce of 4'79.~2 fi:ct; ~ ~. lq.OOeOl'll''l':' · distance of' 68.12~ .fc~t ~ the point of' curvalurc O1 i;~R~' cth've concave sotnbw~st~--t~, ~e~ce ru'~ 9?.61 f~ alon~ me ~ et' ~cl alrvi~ b,.vtn.S · r~lius of 2OO.00 foct,, ca~ai ~.r~. of:2'~os'r44", · chord di~ .~f.96.6.4 r~t ~d a chord bcarin~ of' 1,,q3°S?'41"W to thc pobn of ,t~g.cncy..,. tb~'~ nm N2T%$6'33"W a :lista~c~ of, 3 ! ~7 fcct to a noint of curea~ '.'of:~, .o4r~ .concave .... ' ' -- fsz~i'~ " xradiusof .Norfl~ca.stcd)'; LIe oeo run ~.12 fcct along thc ~rc o . 200.00 foot, a c ~ral ~u~.g~(~ of 27'32' 15", a chora dl~.;-nc, e 6f 9520 ['cci and a chont ~ of NI4° 10..~5!'W.to a poL~i of,,.~e~'T; the~c~ '.~'N0q°24'! N46"lg'53"E u ~moc c~ 51.60 fuck; tbc~cc run N00~.'00 ."~ ~ (ustm:lcc ot ~o"~o'~v"~: a !~,~c~ of ~?.s~- rock; U~nce run N,~,~'.,04"I~, ~c, or · :no.t~ r~; th~¢o !~uh ~,~4'OS"~S a disunce or ~tt~, fe~; ..u~..ce run. ! 107. lO fcc~ to 1.MiP~ O~Bc'gi~n;n8. ' · P~rccl comainir~,{ 12.94 acr~, more oc less. subject to casemcnts; rcstrictlo~ . n.,-,-,-,-,-,-,-,-,~ va ti o ~ of ~c¢,ird. ' ........ · -,., .~ o / · ~, , I ,¢ ~lo,,da R¢I~: .~. LL0n.No. 1 .. '%*. %..,*',~* ~ ' . '" L · ' ': ' tlo~ i.-~a..~L~.u T~gl; Suite 202 Naples, l:lorida' 34113 Page 2 of 3 t · LEGAL DESCRIPTION # J. DELTA 27'57'44' 27'32'15' 89'4 5' I 497.52' /- P&se 3 of 3 DEC 16 1997 · ~....J..l'"/ APPROVE FOR RECORD:i:N(3 THE FZIO, L PLAT OF #PELICAN REPLAT - 2" To approve for recording the final plat of Pelican Strand Replat ' 2. COI~SIDERATIONS ~ The Board of County Commissioners on August 26, 1997 approved the final plat of Pelican Strand Replat - 2 with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT t The fiscal impact to the County is listed below. project cost is $123,550.00, to be borne by the developer. The The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $124,230.00. The developer has provided a Le=~er of Credit and Cash Bond as the required securi=y. The County will realize revenues as follows~ Fund~ Co.~unity Development Fund 113 A~ency= Coun=y Manager Cost Centers 138900 - Development Services Revenue generated by this proJect~ Total~ $2,656.93 Fees are based on a construction estimate of $123,550.00 and were paid in April, 1997, and are reflected in the Executive SulTIllary of Au~llsC 26, 1997. DEC 1 6 1997 Executive Summary, Pelican Strand Replat - 2 Page 2 IMPACT, None ~COIO~END&TXONs That the Board of County Cot,u~ssioners approve the final plat of · Pelican Strand Replat - 2", with the following stipulations: 4) Accept the Letter of Credit and Cash Bond as security guarantee completion of the subdivision improvements. Authorize the recording of the final plat of ,Pelican Strand Replat - 2". Authorize the Chairman to execute the attached Construction and Maintenance Agreement. That no Certificates of Occupanc~ be granted until the required improvements have received preliminary acceptance. pREPARED BY: ~neer Engineering Review Date REVI~ BY: Engineering Review Manager Director - Planning Services Cou~mity ])eve ironmental Services C~,,,,~unity Dev. and Environmental Svcs. DIVISION ~ ~ew Date j? oo .~': ~ARDENS, ii ROAD ':' ' '"'." · C;F..N'I]ER ' - COLLIF~ COUNTY LAND DEVI~PMENT COD£ CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDI~StON IMPRO~ i THIS CONSTRUCTION AND MAINTENANCE AG~ FOR SUBDWI$1ON IMPROVEMENTS entered into this day of ,1997 between AR.B.C. CORPORATION, a Flo~da corporation, berclnal~ refined to as 'Dovdopef', and the Board of A. Devel~ has, simultaneously with the delivery of this Aga=nenk spptied for the approval by the Board of a certain pht of a subdivislon to be known as: PELICAN STRAND REPLAT B. Division 3.2 of ~e Collier County Lind Dwdolznent Code requlres tbe Developer to post q~riate guarantees for the constnx'tlon of zbe impmvanenu ns~irod by said subdivislon regulations, said gumattees to be incorpomtd in a _bee_,,J~___ a[namaa for the comuuctkm of the !. Developer will cause to be constructed: An access roadwzy, sewer extension, storm drainage and meet lights within twelve (12) mond~ f~m the date ofapproval of said subdivision plat, said improvemena hereinafter referred to as the requlred ~ 2. Developer berewlth tenders its subdivision perfonnenc~ security (anacbed hereto as Exin'bit "A" and by reference m a part hereof) in the atnount of Thirtenn Thousand Thirty-four Dollars Eighty Cents (~ 13,034.ff0) whkh an~unt represents ten percent (10%) of the tota/contract cost to complete constnz-ti~ plus one hundred percent (100%) of the estimate .co~t to complete ~ req~ im~-o~'ments at the dato of ~is Agreement. 3. In the event of defauk by the Developer or failut~ of the Dexeloper to complete such improvements within the time required by the Land Developaz~ Code, Collier County, may call upon the subdivision perfornance security to insu~ satisfactory completion of the ~luired 4. The required improvements shall not be consld~! complete until a statement of substential cornple~ion by Developer's engineer a~ong with the final project m !~ be~ run, shed to be rrvlewad and approved by the Development Servk~s Director for compliance with the Collier County Land Development Code. 5. The ]:3evelopm~t Services Director slall, witl~n sixty (~) ~ of ~ of ~ ~t ofm~ ~1~ ~ a) ~ ~ ~I~ h ~ of~ ~~ ap~ of~ ~; ~ b) ~fi~ ~e ~'~l~ h ~ of~ ~ ~ ~ ~ o~ ~e ~s ~ of~ ~~ H~, h ~ ~ ~ ~ ~l~t ~d f~ ~ ~ ~ ~ ~ ~ of~ ~ 6. The Developer shall maintain all requt~d ~ for a minimum period of one (i) year after FrelimL'mry approval by the Development Servic~ Directo'. ~ the one (!) year designe~ shall inspect the improvements and, If found to be ~ in compliance with the Collier County Land l:k. vel~ Co~ as reflected by final ~o~al by the BosM,d~]~md d,.n ~le~ the ten percent (10%) subdivision performance security. The Devel ; DEC 1997 maintenance of the ~-qulr~d improvcments shall continue unless or ,.mill the Boa~ accepts maintenance ~.-sponsibili~ for th~ County. 7. Six (63 months after the execution offs A~.en~t and once within every six (6) months thereafter d~¢ Developer may rcqu~ the D~'velolxnent Services Db~'ctor to ~duce tbe dollar amount of the subdivision performance secu.,ity on ~ basis of work comptcted. Each t~p~'t for · r~duction in the dollar amount of the subdivision performance security shall be accompanied by a statement ot'substantlal compl~on by time Developer's engi~'~-T t~ed'~' w'T'~ tbe project recomts necessary for review by the Development Services DTfector. ~ Development Services Director may gnat the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. S. In the event the Developer shall fall or neglect to fulfill its obligation under this Agreement. upon certification of such failure, the County Adminisu~)r may call upon the sulxlivL~on puformance security to sec~e satisfactory completion, re~air and maintenance oftbe required improvements. The Boazd shall have the fight to consm~ and maintain, or cause to be co~ and ~ pursuant to public advadsanent end m:elpt ofsccepunce of bids. tbe security, shall be liable to pay and to indernni~/the Boanf. upon compl~on of such construction. the final total ant to the Board the~eo~, includln~, but not limited. ~ ~ a~ contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all oft~c provisions of this Agreement. the Dcv¢loper and the rcspective successors and assigns of'the Developer. IN WITNESS WHEREOF, thc Boe~ and the Dcvclopcr have caused this A~-cment to be executed by their duly authorized representatives this day of .1997. Si~ned, sealed and delivered in our presence: ~Wi~'~ss-~I (jx~n"T'~name below) ATTEST: DWIGHT E. BROCK, CLERK DEVELOPER: AR.B.C. CORPORATION, a Florida BOARD OF COUNTY COM.~,flSSIONERS OF COLLIER COUNTY. FLORIDA Approv~ as to fonu ~.d legal sufficiency: /~,~,_. David (0~. NO. I CONSENT Know all men by these presents that the undersigned, Pelican Strand, Ltd., a Florida limited partnership, and Pelican Strand Development Corporation, a Florida corporation as its sole general partner, as Master Developer of Pelican Strand hereby consents to A.R.B.C. Corporation, a Florida corporation entering into those certain agreements necessary to facilitate the Pelican Strand Replat #2 and to thc dedications end the recording of the replat of Pelican Strand Replat #2. In witness wc execute this consent and joindcr on _~)('CP~/~',, :~ .1997. Signed, sealed and delivered PELICAN STRMqD, LTD., a Florida limited partnership (Corporate S al) By: PELICAN STRAND DEVELOPI~NT CORPORATION, a Florida corporation as its sole general er By: . STATE OF FLORIDA COUNTY OF CO ,UER ~ _ (~ of id~tifi~tion) ~ id~tifi~ti~ ~d did (did ~t) ~e ~ ~. NO~ Ifa ~ of idmtifi~tion is not in~n~ in ~e bl~k p~id~ ~ ~e ~ ~min~ ~ i~ent ~ ~lly ~o~ m me. lf&e ~e ~n ~utin8 ~is in~ment did ~e an oa~. ~ Or print N~of Ac~owl~geO . ~itle or ~k) (Segal Numar, iffy) CONSENT Know all men by these presents that the ufldersi~ned, Sawgrass at the Strand, Inc., a Florida corporation, the Developer, hereby consents to A.~B.C. Corporation, a Florida corporation entering into those certain agreements necessary to facilitate the Pelican Strand Replat #2 and to the dedications and the recording of the replat of Pelican Strand Replat #2. In witness we execute this consent and joinder o~~'~ ~- 1997. Signed, sealed and delivered / / SAWG..I?~SS AT THE STRAND, a Florida / / corpor~t, on / _ (cor or Wimess ~l(vrint nan~_ebelow.). / · '~. - STATE OF FLORIDA COUNTY OF COLLIER, The foregoing insmn~ent was acknowledged before me,this day o.f . ~ , 1997 by. John O}obetti of Sawgrass at the Strand, Inc., a Flonda corpora~rl~ o~behalf of the corporation. He is personally known to me or has produced .'/ ./ (type of identification) as identification and did (did not) take an oath. N.OTE:/Ifa type/6fidentification is not inserted in the blank provided, then the person executing this t ~ns~ent/w~as personally known to me. If the words in the paren~~etieal "did no" ot circled,:the e perslperson executing this instrument did take an oath. Signature / (Type or print Name of Ackno~vledger) / (Title or R~k) / (Serial Number, if any) Doc~.2Cons~at OEO 16 l! 7 ~i~i AmSouth Bank ?: TAHPA, FLORIDA U.S.A. InternatlonalSe~Ices (PLEASE DIRECT ALL CORRESPONDENCE TO THE ADDRESS INDICATED IN TEXT BELOW) IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER B500935 DATE: NOVEMBER 06, 1997 Mobile.: TELEX: 6821116 Cable: AMSOMBL 8.W.I.ET. AMSB US 44 BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUM~ INSTRUMENT, OR AGREEMENT REFERENCED TO HEREINOR IN WHICH THI~ SUCH ENDORSEMENT HAS BEEN MADE. THIS CREDIT MUST BE ATTACHE£ ANY DRAFT WHICH IS PRESENTED DIRECT TO US. ***CONTINUED ON NEXT PAGE*** CREDIT AVAILABLE WITH: ISSUER BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUED AND ACCOMPANIED BY BENEFICIARY'S STATEMENT " P. URPORTEDLY SIGNED BY THE COUNTY MA~;AGER CERTIFYING THAT: "A.R.B.C. CORPORATION HAS FAILED TO CO[;STRUCT AND/OR MAI~ITAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS SAWGRASS AT PE~,ICAN STRAI~D~ A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY." .... DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: :' "DRAWN UNDER AHSOUTH BANK, TAMPA, FLORIDA CREDIT NO. B500935 ~ DATED NOVEMBER 06, 1997 ." THE ORIGINAL LETTER OF CREDIT AND ALL . AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT ltl ANY WAY ~'z-, AGE~ No. TO DEC 1 $1997 TELEX: 6827189 Cable: AMSOUBKBMM $.W.I.ITI'. AMSB US 44 $SSUER: AHSOUTH BA~K, 100.NORTH TAMPA STREET, TAMPA, FL 33602 .~'PLACE OF. EXPIRY: AT ISSU S COUNTERS :" ' ' ' .DATE OF EXPIRY: ~HIs CREDIT SHA~L'BE VALID UNTIL NOVEMBER 03, 1998 AND SHALL'T~EREAFTER BE AUTOMATICALLY RENEWED FOR .LSUCCESSIVE ONE-YEAR PERIODS ON TRE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITIN~ BY ~EGISTEaED ~AIL THAT THE ISSUER ELECTS ~OT TO SO RENEW THIS ~;'AppLICANT: A.R.B.C. CORPORATION (HEREIN AFTER "'APPLICANT) 289~9 ~'BONITA ~RA~DE DRIVE NAPLES, FL 34119.~ BENEFICIARY: THE BOARD OF COU}1TY COMMISSIONERS, COLLIER COUNTY, FLORIDA (REREINAFTER "BENEFICIARY") C/O OFFICE OF THE COUNTY ATTORNEY, COLLIER COUNTY COURTHOUSE COHPLEX, NAPL£g, FLORIDA AMOUNT: U.S. DOLLARS ~2,355.00 (U.S.} UP AN AGGREGATE THEREOF. AmSouth' Bank AHSOUTH BANK I~,pAMPA, FLORIDA U.S.A. IntemationalServIcee LEASE DIRECT ALL CORRESPO~IDENCE TO THE ADDRESS INDICATED IN TEXT BELOW) ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DP~WN UNDER IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED DY ISSUER IF PRESENTED WITHIN THE.VALIDITY OF THIS CREDIT. "g" °. 'THIS-CREbIT'~S SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICR.FOR ';'.DOCUi~BNTAR¥ C~BDiTS (1993 REVISION) INTER~ATI~NA~ CH~BER . : COHMERCR PUBLICATION NUMBER 500. AHSOUTH BANK VICE PRE~ :!: SBNIO.;. ;I~NT ! Blrmlnc~hem: TELEX: 6827189 Cable: AMSOUBKBHM S.W.I.I~'T. ,,UVlSB US 44 Mobile: TELEX: 6821116 Cable: AMSOMBL S.W.I.F:r. AMSB US 44 AGE~ DEC 16 1997 AmSouth Bank Post Office Box 413031 Naples, Florida 33941-3031 November 25, 1997 The Board of County Commissioners Collier County Florida C/O Office of the County Attorney Collier County Courthouse Complex Naples, Florida Re: Irrevocable Standby Letter of Credit Number B500935 Gentlemen: In regards to the above referenced letter of credit the subdivision was incorrectly referred to as "Sawgrass at Pelican Strand" which appears in the text of the I./C. The Letter of Credit as to the subdivision name is amended to read "Pelican Strand Replat - 2". In all other regards the Letter of Credit No. B500935 in the amount of U. 5. Dollars S12,355.00 remains as stated. Vice President DEll 16 1997 SAWGRASS AT ~ STRAND INC Naples, ~ 34116 PAY TO THE OI~D£R OF _SIX HUNDRED EIGHTY & 00/~00 COLLIER COUNTY BOARD OF CO)~MISSIONERS AmSouth Bank of Florida .'00 ;,0 DATE NOV. 18, lq97 1019 ~-~44~31 231 ! $ 680.00 ......... DOLLARS m:06 ~ &Or, 66P. m: EXECUTIVE SUMMARY WORK ORDER FOR PROFESSIONAL ENGINEERING SERVICES TO AGNOLI, BARBER & BRUNDAGE, I~C. FOR IMPERIAL WEST/LANDMARK ESTATES. DRAINAGE PROJECT, WORK ORDER NO. ABB-FT98-3, PROJECT NO. 31203. OBJECTIVE: To receive Board approval and award of a Prof~sional ~ Servicez Contract for the Imperial West/Landmark Estates Drainage Project to AgnoH, Barber & Brundage, Inc. in accordance with Work Order No.aA.BB-FTg8.3. DESCRIPTION: The engineering finn of Agnoli, Barber & Brundage, Inc. has submitted a proposal to provide on-site construction inspection service~ for the Imperial West / Landmark Estates Drainage Project as requested by the Stormwater Management Department for a total compensation of $31,498. The Office of the County Attorney has approved subject Work Order as to form and legal sufficiency, FXSCAL IMPACT: Funds in the amount $31,498 are available in Stortnwater Management Capital Fund 325-172972-31203. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commi.~ioner~; (1) Award a Work Order to Agnoli, Barber & Brundsge, Inc. in the amount of $31,49g. (2) Direct the Board Chairman to execute the Work Order. SUBMITTED BY: ~ Jotin. H. Boldt, P.E,,P.$.M. Stormwater Management Director REVIEWED BY.'_~~~~~.~_,, . Ed Ilsclmer Public Works Administrator Do~: EX-16 Date: Date:/.,9. --S".-~ 7 ORDER # ABB-FT-08-3 Agreement for Fixed Term l'rofessionsl Engineering Services Da(ed September 26, 1905 (Contract #05.2422) This Work Order is for pro[essional engineering services for work known Is (Title~ lmoerial West/Landmark Estates Drainate Prolcon, (Reason for Proiect~ I ditch enclosure DrO[~1, The work is specified in the proposal dated November :20. 1997, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #ABB-FT-9I-2 is assigned to Atflol[, Barber & Brundafe. 1nc. (Firm Name) Scope of Work: Construction inspection services. Schedule of Work; Complete work within IS0 days from receipt of the Notice to Proceed authorizing start of work, Comnensat[on: In accordance with Articlez~7.. of the Agreement, the County will compensate the Firm Jn accordance with time and material expended, using the established hourly rates effective September !, 1997 as enumerated in Schedule 'A' of the Agreement. TOTAL ESTIMATE FEE S 31.491.00 Any change within monetary authority department approval will be considered Schedule 'A' of the AIreement. PREPARED BY: (-/ Name and Title REVIEWED BY: s' ormwater Management Department Director ATTEST: DwiGht E. Brock, Clerk of this Work Order made subsequent to final an additional service and charged according to 7 Date BOARD OF COUNTY COMMISSIONERS. Collier County, Florida By: Deputy Clerk Approved as to Form and Leg~.~fficiency: Assistant Co~nty Attorney Date: ATTEST: (Corporate Secretary) By: Type Name and Title (or) wi.t~ess/~, (2). ~ (') " Sign~ture-./; Print Nam~ Tcm~hi~e~! ~K;'A'CI Fl~ed Term Pr~ Fat By: Timothy L. Hancock, Chairman Contractor eY:~_~~ture EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO MILMIR CONSTRUCTION, INC., FOR THE REBID OF THE NCRWTP 8-MGD EXPANSION PROJECT, BID #97-2690R, PROJECT 70859/70828 OBIEC~IVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of Collier County Water-Sewer District, award a construction contract to Milmir Construction, Inc., for the rebid of the North County Regional Water Treatment (NCRWTP) Plant 8-mgd Expansion pwject. CONSIDERATIONS: On August 20, 1997 bids were opened for initial bidding of the above project. Howler after reviewing the bids received, certain irregularities were discovered which d~ed the bids as non-responsive and rendered no clear solution to making an award based on the bid proposals as submitted. On October 7, 1997, item 8 (B)(2), staff recommended and the Board approved, rejecting all bids and rebidding the project. On November 26, 1997, bids were opened for the rebidding of the project. Evaluations were perfomed and the mathematically-corrected results for the base bids are as follows: Milmir Construction, Inc. Stone & Webster Harry Pepper & Associates, Inc. Project Integration, Inc. $13,684,984.90 $13,732,638.08 $14,168,861.76 $14,321,800.00 In addition to the base bid, two alternatives (contractor-purchased membranes and an 8 inch HDPE flushing water line) were also solicited as a part of the bid. However, staff can acquire the same membranes for an approximate preliminary cost savings of $131,048 over the quoted price of the low bidder. The second alternative will not be awarded as a part of this bid. Staff has reviewed the submitted quotations for this item, and feels that a lower, more representative price can be obtained subsequent to the bid award from another source. Milmir Construction, Inc., is the lowest responsive, responsible bidder. They have recently successfully completed the North County Regional Wastewater Treatment Plant 3-mgd F. xpa_nsion project. Their references are all positive. Staff, our design consultant, Metcalf & Eddy and our construction management consultant, Camp Dresser McKee, ali recommend award of the base bid to Milmir Construction, Inc., in the amount of $13,684,984.90, which is $755,995.10 lower than the lowest base bid amount received for this project the first time it was bid. Award a Construction Contract for the Rebid ofth~ NCRWTP 8-mgd Expansion Project Page 2 FISCAL IMPAC"I': Funds in the amount of $13,684,984.90 are available in FY 98 as follows: Amount: $8,200,000.90 Fund: (411), System Development Fees Cost Center:. (273511), Combined Water Capital Projects Project: (70859), NCRWTP 8-mgd Expansion Project Amount: $5,484,984.00 Fund: (411), System Development Fees Cost Centec. (273511), Combined Water Capital Projects Project: (70828), NCRWTP Raw Water Wellfield GROWTH MANAGEMENT IMPACT: This project is consistent with Capital Improvement Element (CIE) 859 and CIE 828, and also, the Water Mast~ Plan adopted by the Board on O~tober 22, 1996. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board ofthe Collier County Water-Sewer District: 1. Award a construction contract to Milmir Construction, Inc., in the amount of $13,684,984.90, for the North County Regional Water Treatment (NCR. WTP) Plant 8-mgd F. xpansion project, ReBid g97-2690R. 2. Authorize staffto purchase the membrane elements directly. :5. Authorize the Chairman to execute the contract documents. PREPARED BY: Peter Schait, PMP, Project Manager Office of Capital Projects Management REVIEWED BY: ~~~-~ DATE: Adolfo ~. Gonza~ l~.~ Director Office of Capital Projects Management Steve Carncll, Director Purchasing/General Services Department t.'Jt-C 1 6 1597 Award a ~mstruction Contract for the ReNd of the NCRWTP 8-mgd Expansion Project tor/~ Public Works Division REVIEWED BY: ,DATE: Ed Ilschn~, Administrator Public Work~ Division Bid Tabulation Sununsry M&£ r~omm~dation 1~' CDM r~ommmdation l~t~' I997 I~ II 1 I '1 I i lml 000000 ~ DEC 5 '97 11:16 P~GE.00~ Metcalf & Eddg 1997 Mr. Peter Sch~t Collier Co~/Govumm~t Office of Capitsl Projects Ivfanag~ $$01 F. ast Tsmiarm Trail, Buildin{ D Naples, FL 339~2 Subject: NCEW1T s-MGD Expa~ion Proiect Evaluation of Bid Proposals We have revi~ved the bid proSx~sals submiued fo, the North County N,e~ior~ Water Trestmeat Plant Gxpa,'~sion Project. The fotu bidders a~e ill competent in lhe water and wa~ewate: ccmslm~oo industry, and have the cap~ility to perform the required work. Based o~ extc~sioa of milt priccs, ~ apparent iow reslx~sive, responsible bidder is ~ Construction, Inc. oflicksoavillc, Florida. The Iow bid price for Bid lt~us 1.0 fluough 4.2 is $t3.654,954.90. The finn ~ppe3~ lo be competent in the water and wa~ew~ constmctlon industry. I~ the past four yc~'s, Milmir has performed on three projects in the g~eral size range of this project. We have questioned several of the firm's references, who remarked that Milmir is diligent ~ meeting sch~ules, while meeting requu'ed quahty ot' finished work. It should be notcd that Milmir's projects have becn primarily in wastewa~c[ treatment facilities. The firm has not worked previously on a membrane facility. However, Milmi, does have extensive expcrieuce in complcx mechanical and clecu4cal systems. From a general qualifications ~ Milmb be ~te of peri'ormin8 adequately for this project We recommend tha! Bid Item 5. I not be considcred in thc award ofthis casm-acL The Coualy should pmcme ~he reverse osmosis membranes separately. On the basis of Bid l~ 1.0 4 2. we recommend award of thc Contract 97-2690R ~o MJlmir C0astmcdon, loc. Please contact me ~fyou have any questions. ~ALF & L~DY, I~C: Project Manage~ Richard Moore (CDM) Rot)eno 0~' (M~E) I~01Pelddee~L. N.E.. 4CX)Cdm~Sc/'Jero.'ck~ 1101' Rlanta' GA 30361 '97 89:~ cPrlP DRFSSCR MCk'E£ Camp Dresser & McKee Inc. Napes. Ftm-,~ 34~ 04 TM-~41 6434906 Fax. IM,1 DecemberS, 1997 Mx. Peter Sc. halt, PMP Office of Capi~ Projects Management 3301 East T~.miami Trm'i Naples. Florida 34112 Subject: Collier County NCRWTP - 8 MGD Expansion Rebid Evaluation CDM PN: 6295-21725-BD.MGTA4 Dear Mr. Schalt: Bids were received for the subject project from four (4) bidders by Collier County on November 26, 1997 Prices for Bid Items are listed in the bid tabulagon pmviougy Wovid~ by the County The low base bid for Items !.0 through 4.2 submitted by ~ Construction, Inc. was $13,654,9g4.90 (cotrecIed for bid errors). The hunp sum for Bid item 3.6 was in error by $1000 00 ~nd the lump mm for Bkl Item 4-2 was in errm' by $1 $'10' The combined total bid error was $1,015.10 sad reduced Milmir's total base bid for Items 1.0 through 4 2 from $13,6~6,000.00 (mbmitled) to $13,6S4,954.90 (corrected). ~ corrected low bid did not change the order ofthe btse bids. The second low bid submitted by Stone & Webster Engineering Corp. ~as gso d,ccked md contained numerous errors, which when corrected, reduced IL Stoue & Wdmer-submitted bid by spproximately $T3,000.00. When corrected, thc Stone & Wcbsu:r bid ~Iso did not ~rect the order ofbase bids. It is CDM's opinion that a separate award of Alternate Bid Items 5.1 and 5.2 subsequent to this project bas~ bid award is in the best interest of the County duo to cost considerations, h is our understanding flora discussion subsequent to tho rebid opcnlng that' thc County intends to award the Contract for this project for Base Bid Items ! .0 through 4.2 only. On that basis, our bidder evaluation was performed only on the apparent Iow bidder, 1Vglmir Construction, Inc. An examination of Milmir's bid prices indicate they are reasonable. Milmir's bid was examined for compliance with the Bid Documents and was found to satisfy the intent ofthe Bid Documents. All itcms rcqulrcd to bo submitted with the Bid, as listed in the B;d Form on page WS-P-12, were provided.. las 097 8g:~ c,"t~ [lRt:.~c~R rlOCC£ ~ Camp l~esset & ~¢Kr~' Inc. p. 3~3 Mr. P~r Schalt, PMP ~be~ 5, 1997 Page 2 kglmir's summary of pr~ous and ~rr~t pmj~ ~ g~ r~. It app~ . ~y ~ approximately S6.5 ~ion in ongoing proj~ ~rd~g to ~s ~~ m~. lt~ No. 10 of the ~ Condor's ~o~re ~a~c WS-P-2-~ ~~ approximately $5 million in ~t wo~ ~ch ~l~r [ndi~t~ ~ not ~ olios proie~ nor compl~ion on ~cdulc. . ~~ p~d~ by ~1~ Cons~io~ Inc. indi~t~ ~ek peffo~ on pr~ous ~d ~nent work ~ ~d is ~isfa~. A r~ che~ g~ ~nfi~ ~'s ~sfa~ p~o~ on a pr~ous ~ Cou~y $1~ ~qlion pro]~. A Dun B~~ Inc. R~oa on ~r Constm~on ~ indi~t~ ~ oval 'T~ M~ssmcnt o~c ~mpany's ~anci~ staus ~d i~ ~sin~s exp~cn~. A ch~k of~cf~s pro~ded in ~e m~nt~or quc~i~ ~s ~ndu~ for thc ma~or ~b~ntraaors for ~l~r Concretion. R~~ ~n~ted for ~ ma~or subcontraaor indicat~ their peffo~ wM satlsfa~o~ on pr~ous proie~. B~ on ~luation t~atc of the Iow bidd~ for ~e b~ bid wor~ it ap~s ~lmir ~n~m~io~ Inc., is properly q~i~, in our oplnlo~ to ~ out ~e obli~tlons oft~ ~ntr~ [or Base Bid Items 1.0 t~ou~ 42 ~ ~mplcte ~e ~uit~ Work. h is also our op~on the $1,01 ~. 10 enor in Milmk's ba~ bid is ~nor, did not ~nge the ord~ ~ds ~d ~ould not be a f~or in consld~ation o~e a~ to ~mlt. We th~efore r~end ~e ~nt~ ~or BMc Bid I~ 1.0 ~ough 4.2 be ~!~ ~m~on, Inc. in thc ~n~ bid ~ou~ of $13,6~4,98~.~. Should you ~ve ~ qu~ons or r~uire addition~ i~o~aion, pl~ do not h~itatc to ~l me. Very truly yours, CAMP DP,~SSER & McKEF--, INC. Adam M. Sobolewski, P.E., DEE c~: IL D. Moo~e, CDM F. S. Jordan, CDM F'de:O-IOI I ~ I III I! !! EXECUTIVE SUMMARY APPROVE A JOINT PROJECT AGREEMENT AND MEMORANDUM OF AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION TO CONSTRUCT THE STATE ROAD 951 12" WATER MAIN IMPROVEMENTS AS A PART OF THE STATE ROAD 951 ROAD WIDENING PROJECT, PROJECT 70824 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of Collier County Water-Sewer District, approve a Joint Project Agreement (~PA) and Memorandum Of Agreement (MOA) with the Florida D~artment of Transportation CFDOT) so that Collier County may construct the S. R. 951 12" Water Main Improvement project concurrent with and as a part of, the FDOT S. R. 951 Road Widening project. CONSIDERATIONS: On November 7, 1995, item 16 (B)(7), lhe Board approved Resolution No. 9:5-618, a SPA and an MOA (all attached for reference) with FDOT allowing for the County to construct the S. R. 951 12" Water Main Improvement project concurrently with and as a part of, the FDOT Road Widening project. Subsequent to llmt action, the FDOT postponed the road widening project several times and recently informed the County that the road widening project has been resurrected and scheduled to bid .Iune 1998. The FDOT will accept Resolution 95.618 as approved by the Board in 199:5, however FDOT's attorneys specified that they would like a newly-approved IPA and MOA, because in their opinion, any agreements executed longer than one year ago, are considered by FDOT to be invalid. In order to meet the bidding date set by FDOT, the County must submit the newly-approved JPA, MOA and construction plans and specifications to them no later than December 29, 1997. Total project costs including construction, inspection and OCPM are estimated to be $7O9,46O.0O. The County Attorney's Office (CAO) has reviewed the .IPA and MOA documents. As indicated in the attached November 20, 1997 memorandum, they discovered the following three issues within the .IPA which they felt would warrant an attempt to negotiate an amendment to the .IPA: · Paragraph 3 makes the County respons~le for the FDOT's underground survey information. Thus, should any errors or omissions be determi,,ed subsequent to the survey, the County could potentially be financially respons~le for resultant changes to the water main work to accommodate any errors or omi_~ions that are discovered. The CAO wanted to make the FDOT responsible for their own survey. · Paragraph I0 requires the County to convenant, indemnify, defend, save and hold harmless the FDOT even in the event that the FDOT is solely negligent. The CAO wanted to rtmove the County's liability should the FDOT be solely negligent. E'xe utive Approve ~PA and MOA with FDOT To Construct S. IL 951 12" Water Main · Paragraph 12 requires the County to pay reasonable attorney's fees and costs if the FDOT prevails in litigation for the enforcement of provisions of the JPA. The CAO wanted to add the redp£ocal of this provision, where the FDOT pays the County's reasonable attorney's fees and costs if the County prevails. When the CAO contacted the FDOT's counsel, they were informed that the terms of the ~PA were non-negotiable and that the terms and conditions stipulated would have to remain unchanged if the County desired to entcr into this agreement. Subsequently, the CAO approved thc documents as originally rcccived. ~q.C~[]~: Funds in the amount of $709,460.00 are available in the FY 98 budgct as follows: Fund: (412), Water Capital Projects Cost Center: (27351 I), Combined Water Capital Projects Project: (70824), S. IL 951 12" Water Main Improvements GROWTH MANAGEMENT IMPACT: This project is consistent with Capital Improvement Element (CIE) 824, and also, the Watcr Master Plan adopted by the Board on October 122, 1996. ]~ECOMMENDATIONS: That thc Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water. Sewer District: I. Approve the IPA and MOA with FDOT for the S. IL 951 12" Water Main project to be constructed concurrently with the FDOT S. IL 951 Road Widening project. 2. Authorize the Chairman to execute the YPA and MOA. PREPARED BY: ~~~ DATE: Peter Schalt, PMP, Project Manager Office of Capital .l~rojects Management REVIEWED Adolfo A. C~ez, P.~J, DiVot Office o£cap,tal projec~ Management . ~ Public Worim Division ~ ~$~'!i/. £xecufiveSunmm'Y .,..,, ,,,, ,o, WatcrMain Appwve IPA and MOA with FDOT To Construct ;~. [ '~)~'" ': PS. Public Works Division · . . I~ en~: Mem.o .?dum of November 20,1997 vnth CAO's review comments · ~:~ .~. Resolution 95-618 Board approved 11f7/95 [' IPA Board approved 11/7/95 i.-i'-'~ ~OA ~oard approv~t ~ ~7/~S . Six new IPA's and MOA's to be approved and executed by the Chaimum co: Karl W. Boyer, P.E., Senior Project Manal~ oO MEMORANDUM TO: FROM: Pete Schalt, Project Manager II Office of Capital Projects Management Melissa A. Vasquez, Assistant County Attomey DATE: November 20, 1997 loint Project Agreement - Utility Installation by Highway Contractor As part of your request to review the above referenced agreement as to form and legal sufficiency, this office noted several issues which we attempted to neEotiate with the Flor/da Department of Transportation ("FDOT"). While these items as written do not render the document illegal, the changes requested would be beneficial to the County ifa dispute arose. According to their counsel, lohn Marline'z, the terms of the IPA are non negotiable. Apparently, they have agreed in the past to make minor changes but have since determined that this practice is no longer advisable. Thc following items are the issues which we felt could be amended for thc County's benefit. 1. Paragraph 3 requires Collier County to bc responsible for verifying the accuracy of the FDOT's underground survey information, and makes the County responsible for say changes to the County's plans made necessary by errors or omissions in the FDOT's survey. Wc attempted to change this paragraph in order to make thc FDOT responsible for their own survey.' 2. ParalFaph ! 0 states that the County covenants and agrees, to the extent permitted by law to indemnify, defend, save and hold harmless the FDOT. We requested lanlpiage be added which would exclude liability for damages arising out of injuries or damages to persons or property resulting from the sole negligence of the FDOT, or any of its officers, agents or employees. 3. Para/raph 12 requires the County to pay reasonable alIomcys' fees and costs if tho FDOT prevails in litigation for thc enforcement of the provisions ofpara~'aphs 1, 8, nd 12. We felt language should be added requiring the FDOT to pay for the County's reasom~ble attorney's fees and costs if it prevailed in lili~stion for the enforcement of those same contract As previously stated none of our requests were granted. We believe that these items should be addrcased in the Executive Summary so that the Board is fully informed when it renders its decision. The contract is othcrwise acceptable as to fonn and leljal [ ,.;'.~,~,1"~]~) ~ .- I If you have any questions or require any additional information please do not hedtat¢ to contact me. MA,V/cc cc: David C. Weigel, County Attorney h:*~Jemm~chlt. J'PA w/l:DOTJncmo.doc F. LSOLUTXO# J40. A P. ESOF,.UTXO# IKEGA.qOXI4G ~X~X~ 3OX~ ~f ~ S~ of rlorLdl h~nt of lo M~L~, rec~s~c~ or o~ewise re. Axle/es ~ez 8~/o= u~4r slid hiqhviy; ~Lfl Z~it~oflG v/~hifl ~e cons~ccLon ~, the County his heFetOrOre lu~horized th&t ~ i~XfL~t~ofls ~ prepared for the ~nstaXXa~Xofl C~ty facilities over a~/or under said h~ghvayJ a~ a~ro~ ~ Johnson ~qLfleer~flg Company offal the County Mdc 8 ~ or ~e DtpIr~Hfl~'l hXghvay construction controct. X, ~e lol~d e~er L~o I 3OX~ PR~E~ SSO~,SIO.O0; FI~L~ ~nt o~ Tra~lon Ln accordance AsiLet~n~ County Attorney · * $~A~ 01~ I~IUDA D~AJtT~..~ OF ~A?~$1~ItTA1~ON FOI~M ?l~010 '*' JOINT PROJECT AGREEMENT trnums.~.~ UTILITY INSTALLATION BY HIGHWAY CONTRACTOR NONREIMBURSABLE I 1 i4149 03030 951 Collier I N/A THIS AGRF.~.M~NT, made and entered into this '~ day of ~;f'~/-¢..~,,~-~,~ J/ , 19 ~::' ,5~y and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, bereinafter referred ,--"' to as the I:DOT, and Collier Co~:ntv Water-Sewer District to as UTILITT', an organization organized and existing under the laws of Florida principal place of business in Na_oles , County of Collier WITNESSETH: , hereinafter referr~ , with its State of Florida '. WHEREAS, the FDOT is constructing, reconstructing or otherwise changing a portion of the State Highway System designated by the FDOT as State Project No. 03030-6509, Road No..951 , between Marco Island Brid~e South of New York Street, which shall call for the adjustment, relocation andlot installation of the Utility'$ along, over and/or under s~id highway; and WHEREAS, the plans for the said construction, reconstruction or other changes.to be made, as above described, have been reviewed by the FDOT and the UTILITY, said above described UTILITY relocation, hereinafter referred to as 'Utility Work"; and WHEREAS, the term 'Cost of Utility Work' shall include the entire amount paid by the UTILITY properly atm'butable to such work; and WHEREAS, the UTILITY has expressed its desire to assume all costs incurred by this Utility Work and has requ .ested the FDOT to. include in said Project certain plans and specifications to meet the UTILITY'S needs; and WHEREAS, the FDOT and the UTILITY have determined that it would be to the best interest of the general public and to the economic advantage of both panics to enter into a JOINT PROJECT AGREEMENT, hereinafter referred to as 'JPA,' providing for such work; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: I. The FDOT and the UTILITY shall participate in a JPA, the scope of which will cover only facility within the limits of the project as included in the plans and estimate of the FDOT contra .. des4m~ as SR 9:51 from Marco erid_~e to south of New York Street. FOR.M '/10.,0 lO I.,'TILITIE.S - ~ -- ". ... The e.~tlmated cost of said project is $.(~602.560.00) Six Run,it'ed Two .Thousand }'lye Rundred S.i.x~7 dollar.s ,ri'nd no/cent:s ;cluding allowances; and the method of payment is specified in Exhibit "A" ~ttached hereto and made a pan hereof. 2. The UTILITY will prepare, at its expense, the design and plans for all of the necessary Utility Work i~edfied above, and will furnish to the FDOT no later than O~e_e~ber .31. 1995 , 19 , complete rlginal plans, same a.s FDOT's contract plans, all suitable for reproduction by the FDOT, together with a complete et of specifications covering all construction requirements tot the Utility Work. Final plans shall be complete in'.'.'.'. very detail and will include a 'Summary of Quantities" sheet. It will be the respons~ility of the UTILITY to ' oordinate the development of the Utility Wor.k plans with the FDOT'S plans. The FDOT, upon request by the · J'I'ILITY, will furnish all available highway information required by the UTILITY for the development of the Utility Vork pl .a~; and the FDOT shall cooperate fully with the UTILITY to this end. - 3. All of the work on the ]PA is to be done according to the plans and specifications of the FDOT which .~lans and spe:ifications are, by reference hereto, made a pan hereof. The UTILITY will be respons~le for 'verifying ;he accuracy of the FDOT'S underground survey information, and will also be tespons~le foe any changes to the UTILITY'S plans made necessary by errors or omissions in the FDO'I"S survey information as furnished to the UTILITY. All errors, omissions or changes in the desigh of the Utility Work will be the sole responsibility of the UTILITY. In any conflict between UTILITY and FDOT specifications, the FDOT'S specifications will govern. All Utility Work covering facilities to be relocated to a position within ~he FDOT right of way will be accommodated in accordance with the FDOT "Utility Accommodation Manual." 4. The UTILITY, at its expense, will furnish all engineering inspection, testing and monitoring of the Utility Work, and will also furnish the FDOT'S engineer with progress reports for diary records, approved quantities and amounts for weekly, monthly and final estimates. All field survey control for the Utility Work will be furnished by the UTILITY under the supervision of the FDOT'S engineer. The coordination of the Utility Work with that of the I:DOT contract~)r and other UTILITIES and/or their contractors will be the respons~ility of the IDOT, and the UTILIIW shall cooperate fully in this matter. All information required for Changes ,or Supplemental Agriements pertaining to the Utility Work shall be promptly furnished to the IDOT by the UTILITY upon the request of the 5. The FDOT will provide the necessary engineering supervision to assure construction is in comp!lance with the plans and specifications hereinafter referred to, and shall receive all bids foe and let all contracts foe said Utility Work all at.the sole expense of the UTILITY. All bids for said Utility Work shall be taken Into consideration in the award of bid on the FDOT Project and the UTILITY shall have the right to review and reject any and all bids on the Utility Work. If said bids exceed the FDOT'S estimated cost by more than ten percent (I0%), the FDOT may elect to participate in the cost Involved in the Utility Work. Such participation shall be limited to the difference between the lDO'rS official estimate plus ten percent (10%) and the amount awarded for the Utility Work. ~,.~/ent · . · l..~. . .'. · . FDOT does not elect ,o participate in the man?er Prescribed above and the bid Is rejected bY the. _ . . .. :-'~.~.'i~te~.. ~ !. UTR.ITY shall arrange, at its own expense, for the prompt construction of the Utility W.ork in ac 1:.:? ,.. · · . .. .. . -'-"-:{ schedule submitted by the UTILITY. 'In the event the UTILITY elects this option, the UTILITY shall notify the FDOT of its intent and request the refund of the deposited funds. Upon the receipt of' such notice, the FDOT shall an{end the highway contract documents prior to award. The UTILITY shall cooperate with the FDOT'S contractor to schedule the sequence of the UTILITY'S work so as not to delay the work of the FDOT'S contractor. The UTILITY shall defend any legal claims of the FDOT'S contractor due to delays caused by the UTILITY'S · failure to comply with their relocation schedule, and shall comply with all provision of the law and the FDOT 'Utility Accommodation Man~al.' The UTILITY shall not be responsible for delays beyond its normal control. 6. All adjustments, relocations, repairs and incidentals required to be performed to the existing utilities . within this project, not Included in this contract, will be the sole respons~ility of the UTILITY and will be handled under a separate agreement and utility relocation schedule. All such work is to be coordinated with the construction. of this project and in a manner that will not cause delay to the FDOT contractor. 7. All services and work under the construction contract shall be performed to the satisfaction of the DISTRICT DIRECTOR OF OPERATIONS or designee, and he shall decide all questions, difficulties and disputes of whatever nature, which may arise'under or by reason of such contract for Utility Work; the prosecution and fulfillment of the services thereunder, and the character, quality, amount and value thereof; and his decision upon ali claims, questions and disputes thereunder shall be final and conclusive upon the parties hereto. 8. The UTILITY agrees thai it will, at least seven (7) days prior to the FDOT'S advertising the construction project for bid, furnish the FDOT an advance payment, including allowances, in the amount of $ 602.5r:~0.C0. for payment of said Utility Work. In the event that the actual bid amount plus allowances is greater than the amount previously provided, the UTILITY agrees that, within fourteen (14) calendar days of written notification by the FDOT, it shall make an additional payment so that the total amount provided prior to award of the bid equals the bid amount plus allowances. Both parties further agree that in the event final billing pursuant to the terms of this agreement is less than the advance payment, a refund of the excess will be made by the FDOT to the UTILITY within forty (40) days and that In the event said final billing is greater than the advance payment, the UTILITY will pay the additional amount within forty (40) days from the date of the invoice. The payment of funds as'required above will be made as follows (choose one): Directly to the FDOT for deposit Into the State Transportation .Trust Fund. Deposit as provid .ed in the attached Memorandum of Agreement (Exh~it A) between UTILITY, FDOT, and the Florida Department of Insurance, Division of Treasury. 9. Upon completion and acceptance of the work, the UTILIIW shall own, control, maintain and be ];InSlefor ali of its facilities, according to the terms of the utility permit. The UTILITY further agrees to with all provisions of the FDOT 'Utility Accommodation Manual.' F_..~... i.[~f.~.L,~.. ·' i 7.. · ' FOR.M ?~GOZG.22 10. The UTILITY covenants and at:reft that It shall, to the extent permkted by law, Indemnify, defend, save andhol~t harmless the FDOT from any and all legal actions, claims or demznds by any person or legal entity against theFDOT arising out of the joint pa~t. icipation in this Agreement, except that neither the utility ~r any of it's ~,~ployees will be liable under this section for damages .arising' out c~f injuries, or damages to persons or property r_resulting ~'om the sole"'n-~-gligence of the FDOT or any of it's officers, agents or employees. 11. Upon final payment to the conu'actor for the entire project, the FDOT shall, within o'n~ hundred eighty (180) days, furnish the UTILITY with two (2) copies of its final and complete billing of all cost incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the job estimate. The final billing will show the description and site of the project; the date on which the first work was performed or the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and ac6ounts billed can be audited. All cost records and accounts shall be subject to audit by a representative of the UTILITY within three (3) years after acceptance of the project. In the event Final cost is less than the advance payment, the FDOT will refund the balance to the UTILITY. If the final cost exceeds the advance payment, the UTILITY will be invoiced for the balance. Upon receipt of the final invoice, the UTILITY will reimburse the FDOT in the amount of such actual cost within forty (40) days. The UTILITY shall pay an additional charge of 1% per month on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 12. The UTILITY sh~l pay'the FDOT'S reasonable attorneys' fees and court costs tf the FDOT prevails in litigation for the enforcement of the provisions of paragraphs 1, 8 or 12 of this Agreement.. '~'~ 0'T" S/'~'~. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements Or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation fi.om the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 14. Florida. This Agreement shall be governed, interpreted and construed according to the laws of the State of 15. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of compet.ent Juriedi~on, or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of the Agreement thus Invalidated or declared unenforceable is not materlal to the intended ope~tion of this Agreement. IN WITNESS WHEREOF, the parties hereto h3ve caused these presents to be executed by their duly ~iz~ o~cers, and their officinl senls hereto a~xed, the day and year first above written. ~:';~! ' BOARD OF COUNTY CONHISSIONERS OF COLCIER COUN'X'Y~ FLORIDA, AS .~'." . ..... .' %.. d". ' ~ ''-. )proved as to Form, Legality and Execution Approved as Co form and legal sufficiency County Attorney Attorney BY: District Utility Engineer ;TATE OF FLORIDA )EPARTMENT OF TRANSPORTATION L'ride: District Secretary_ (SF_.AL) %TrF. ST(s): (Title: PAGE X OF 2 KEMO~UM OF AGREEHENT THIS AGREEMENT, made and entered into this ~ ., day of ..' by and -between the State of .Florida, ~epartmen= of 'Transportation, hereinafter referred to as "DOT" and the State of Florida, Department of Insurance,_Division of Treasury, hereinafter referred to as "Treasury" and (.~9 ), hereinafter referred to as the "Participant". WHEREAS, "DOT" is currently constructing the project: State Project No.: 03030-G$09 F.A.P. No. :.N/A W.P.I. No. : 2124091 County : Coll ~ er following hereinafter referred to as the."Project". WHEREAS, DOT a~d the Participant 'entered. Participation Agreement dated /19 agreed to perform certain work on behalf of the conjunction with the Project. into a Joint where~n DOT Participan~ in WHEREAS, the parties to this AGREEHENTmutually agreed that At would be An the best interest of the DOT and the Parl~icipant if an escrow account were established to provide funds for the additional work performed on the Project on behalf of the Participant by DOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein the parties agree to the following: T~x~'--l'~ An initial deposit in the amount of $~02,5~O.O0(SAxHm~k~d ~i~~.S~n~OO/XI~ wall be made by the Participan~ into an escrow account. Said escrow account will be opened by DOT'on · behalf of the Participant in the name of the Florida DeD~Ftment o~ Transportation with the Department of Insurance, Division of Treasury, Bureau of Collateral Securities upon receipt of this Hemorandumof Agreement. Such account will be opene~ an~ shall be deemed an asset of DOT. 2. other deposi will pa=ticipa .t as. necessary to cover the cost of the ~ work prior to the execution of any Supplemental Agreements. IIII I IIIII IIIII PAGE 2 OF 2 3. All deposits shall be made payable tO the Department of Insurance. Revenue Processina and mailed to the DOT Office of Comptroller for appropriate processing at the follgwing address: Florida Department of Transportation · Office of Comptroller (H.S. 42) 605 Suwannee Street Tallahassee, Florida 32399-0450 ATTN: JPA Coordinator · copy of this Agreement shall accompany the deposits. 4. The DOT's Comptroller and/or his designees shall be the sole signatories on the escrow account with Department of Insurance and shall have sole authority to authorize withdrawals from said account. f 5. Unless instructed othe~ise by the parties hereto, all interest accumulated in the escrow account shall, remain in the account for the purposes of the project as defined in ~he JPA. 6. The Treasurer agrees to provide written confirmation of receipt of funds to the DOT.' 7. The Treasurer's Office further agrees to provide periodic reports to the DOT. FEDERAL TAX I.D. JOINT PROJECT AGREEMENT UTILITY INSTALI.,ATION BY HIGHWAY' CONTRACTOR NOKREIMBURSABLE IK)~M 710.010.22 1114091 03030-6509 90 Collier I N/A THIS AGREEMENT, made and entered into this. day of ,19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the FDOT,'and Cn11{er cn,,.ty ~ate. i'--Sev~r oftntsiness in Naples · , County of, Collier , State of. Florida W1TNESSETH: WHEREAS, the FDOT is constructing, reconstruc~g or othen~e changin{ a portion of the State Highway System dedgnated by the .FIX)T as State Project No. 0'~n'Io.'~,;oo , Road No. 00 , between ni~t~L,,w Ynrl~ .~m,~r -, which shall call for the adjustment, relocation and/or installation of the Utility's facilities along, over and/or under said highway; and WHEREAS, the plans for the said construction, reconstruction or other changes to be made, as above described, have been reviewed by the FDOT and the UTILITY, said above described UTILITY relocation, hereinafter referred to as "Utility]~ Work'; and WHEREAS, the term 'Cost of Utility Work' shall hclude the engre amount paid by the Lrl'ILITY properly attributable to such work; and WHEREAS, the UTILITY has expressed its desire to assume all costs incurred by this Utility Work and has requested the FDOT to include in said Project certain plans and specifications to meet the UTILITY'5 needs; and WHEREAS, the FDOT and the UTILITY have determined that it wouId be to the best interest of the general public and to the economic advantage of both parties to enter into a JOINT PROJECT AGREEMEN'T, hereinafter referred to as "IPA," providing for such work; NOW, THEREFORE, in consideration df the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. The FDOT and the UTILITY shall participate in a IPA, the scope of which will cover only the UTILITY facility within the limits of the project as included in the plans and estimate of the FDOT contract, more specifically descn'bed as _ $.R. 951 12" Vat:er Natn I,,,provements The · ~ed cost of sa,d proj~ m S ~2. ~. ~ ..... ~" '" ' · e me~ of pa~e~ ~ ~cifi~ ~ ~,t A" a~ch~ heret-" ' ' ~ "1~)~) i hundred and ,-o ,hou.nd. five hundr~ ~d .ix,y dollar, and nn[.-n,n:llS.~..~.~_.__~,_.::: ~ · it~OJJJ( ?i0~10-~1 · · ' f~ 2ors 2. The UTILITY will prepare, at its expense, the design and plans for all or the necessary .Utility Work specified , and will fitmhh to the FDOT no later than_daauaclt. A6: ~ 19 .oA _, cor~plete original plans, same as FDOT's contra~ phns, aH suitable for reproduction by the FDOT, together with a complete set et' specifications covering all ~xmsa'ucfion requiremer~s for the utility Work. Final plans shah be complete in every detail and will include a "Summary of ~' sheet. It will be the responsibility et' the UTILITY to coordinate the development ot' the Utility Work plans with the FDOT'$ plus. The FIX)T, upon request by the UTILITY, will furnish all available lfi/.hway information required by the UIIL.rIy for the development of the Utility Work plans; and the FDOT shall cooperate fully with the UTILITY to this end. 3. Ail of the work on the IPA is to be done according to the plato ~xi specL'k~tk/ns of the FDOT which plans and ' "" ~ifritio'tii'ii'i; 'by'r%t'e'iiit//:' het~'to;'/rliSe'i 'pm heYe0f.'"The 'UTILITY wRl: be~responsible 'for verifldng'the'a~u, acy 'of - ' the FDOT'S under, round survey information, and wfiI also be responsible for any changes to the iITILITY'S plans made necessary by errors or omissions in the FDOT'S survey inl'ormation as furnished to the UTR. ITY. All errors, omissions or changes in the design of the Utility Work will be the sole responsibility of the UTILITY. Iff any con/Iici ber, veen UTILITY and FDOT specifications, the FDOT'$ specifications will govern. All Utility Work coverin! facilities to be relocated to a position within the FDOT right of way will be accommodated in accordance with the FDOT 'Utility Accommodation Manual." 4. The LrlTt. ITY, at its exper~e, will furnish all engineering inspection, testing and monitoring of the Utility Work, :wtql also furnish the FDOT'$ engineer with progress relx~rts for diary records, approved quantities and an3ounts for weekly, and t'mal estimates. ALl field survey control for the Utility Work will be furnished by the UTILITY under the supervision of the FDOT'S eniine-.r. The coordination of the Utility Work with that of the FDOT contractor and other UTILITIES and/or their contractors will be the responsibility of the FDOT, and the UTILITY shall cooperate fully in this mawr. Ail information required for Changes or Supplemental Agreements pertaining to the Utility Work shall be promptly furnished to the FDOT by the UTILITY upon the request of the FDOT. $. The FDOT wR1 provide the necessary en.~aecring supervision to assure construcSon is in compliance with the plar~ tad specifications hereinaf-,er refened to, and shall receive all bids for and let ail contracts for said Utility Work all at the sole expense of the UTILITY. Ail bids for said Utility Work shall be taken Lo consideration in the nwa.rd of bid on the FDOT Project and the UTILITY shall have the right to review and re.~ect any and all bids on the Utility Work. If said bids exceed the FDOT'S estimated cost by more than ten percent (10%), the FDOT may elect to panlcipate in the cost involved in the U.t~ Work. Such participationshall be limited to the d/fl'create between the FDOT'S offichl estimate plus ten percent (I0%) and the amount awarded for the Utility Work. In the event the FDOT does not elect to participate in the m~rm,,r preach'bed above and the bid is rejected by the UTILITY, then the UTILITY shall arrange, at its own expense, for the prompt construction of the Utility Work in accordance with the relocation schedule submined by the UTILITY. In the event the UTILXTY elects this option, the UTILITY shall notify the FDOT of its intent and request the refund of the deposited funds. Upon the receipt of such notice, the FDOT shall amend the highway contract documents prior to award. The UTILITY shall cooperate with the FDOT'S contractor to schedule the'sequence, of the UTILITY'$ work so as not to dehy the work of the {~[T'$ colur4ctor. The UTI.LITY shall defend, any legai claims ot. the FDOT'$ con=actor due ,o ~elays caused by the' --. $ failure to comply with their relocation schedule, and shall comply with all provision of the law,sad ~he FDQT ---:---' 6. All ad. jusuncnrs, relocations, repairs and incidentals required to be performed to the existing uglities witAin this/ pro.leer, not included in this contract, will be the sole responsibility of the UTILITY and will be hhfldlcd under a separate '~, agreement and utility relocation schedule. All such work is to be coordinated with the construction of this project and in a manner that ~ not cause delay to thc FDOT contractor. ?. All services and work under the construction contract shall be performed to the satisfaction of the DISTRICT DIRECTOR OF OPERATIONS or designee, and he shall decide all questions, difficulties and disputes of whatever nature, which may arise under or by reason of such contract for Utility Work; the prose~tion and f~tIi'Rlment of the services thereunder, and the character, quality, amoum and value thereof; and his decision upon ill claims, questions and disputes "~tbe'r~i~xleTjhill bt'fail ~ ~:b'nclusive upi~n the'parties hereto: ........ -,--=w~- ................................... '--,-~ ........... 8. ~ UTILITY agrees that it w01, at least fo~u'tecn (14) days prior to the FDOT'$ advertising the construction project for bid, furnish the FDOT an advance payment, including allowances, in the amount of S~,ng.s~,n_ _n~_ {_~; htnir~ n'd b,o n~d~, ~ ~ for paym.ent of said Utility Work. In the event that the actual bid amount plus allowances is ~reater ~C~ount pre,nous~proC~v~ ~, the UTU. ITY agr~s thnt, within fourteen (14) calendar days of notification by the FDOT, it shall make an additional payment so that the total amount provided prior to award of the bid equals the bid amount plus allowances. Both parties further agree that in the event ftnal billing pursuant to the terms of this agreement is less than the advance payment, a refund of the excess will be made by the F'DOT to the UTILITY and that tn the event said £maI billing is greater than the advance payment, the UTILITY will pay the additional amount within forty (40) days from the date of the invoice. The payment of funds as required above will be made as follows (choose one): Directly to the FDOT for deposit into the State Transportation Trust Fund. X De. sit as provided in the a~ched Memorandum of Agreement (Exhibit A) between LrrlLITY, FDOT, and the Florida Department of Insurance, Division of Treasury. 9. Upon completion and acceptance of the work, thc UTILITY shall own, con~rol, maintain and be respons~le for all of its facilities, according to the terms of the utility permit. The UTILITY further a~e.-s to comply with all provisions of the FDOT 'Utility Accommodation Manual.' 10. The UTILITY covenants and agrees that it shaH, to the extent permitted by law, indemnify, defend, save and hold Immless the FDOT from any and all legal actions, claims or demands by any person or legal entity against the FDOT arising out of the Joint participation in this A~eement. · I1. Upon final pal~nent to the contractor for the entire pro.~ect, the FDOT shall, within one hundred eighty (180) days, furnish the UTILITY with two (2) copies of its final and complete billing of all cost incurred in connection with the work performed hereunder, such statement to follow as closely as ~ss~le the order of the items contnlned in ~e job e~timate. final billing will show the description and site of the project; the date on which the first work was perform...e!i..o.r the date whlch the hst w°rk was perf°rmed °r the la'st item °f billed expense was incun'ed; and the locati°n whele the ~1[' :. tn ..... '_'. , IN WITNESS WHEREOF, the parties hereto have c3used the~ presents to be executed by their duly authori~ officers, and their official seals hereto affixed, the day and year lb-st above written. BY: ATrr=ST(s): (Title: .) Ap~ed aa to form & le~euffie4eney ~ A~wtant Com~t~ Am~./--~ FDOT Approved as to Form, Legality and Execution BY: Attorney BY: Dismic~ Udlity Ent~in~r STATE OF FLORIDA DEPARTMENT OF TRANSPORTA~ON BY: (Title: Dict~t ~r~rar~ ) (SEAl.) All'EST(s): (Title: ) ~ ~zea (3) yeah a~r acceptance of the pro~¢ct. In ~ event fin3] cost is ]ess than the ldvance payment, th~ F]:)OT will refund the balance to 'the UTIT-ITY. If the final cost exceeds th~ ndY3nce payment, the UTZTJTY' w~] be invoiced for th~ bahnca. ~pon £eceipt of the f'mal invoice, ~e UTILITY will reimburse the Fl::)OT in the amount of such actual cost Wir~ forty (40) days· The UTILITY shall pay an additional cl.'ge of I · per month on any invoice not paid within the time specif'~.d in the preceding sentence un~! the invoice is paid. 12. The UTILITY sl~tl pay the I='DOT'S reasonable attorneys' fees and com't costs if the FI:)OT prevails in litigation for the enforcement of the provisions of paragraphs 1, 8 or 12 of tl~ Agreement. ................. 13." Th~'document incorporates and includes all prior negotiatio~,'correspondence,-conversat~ons; agreements or" un~ a~l~cable to the matters contained herein, and the pa.~es agree th. at there are no commitments, agreements or understandings concerning the subject mat~er of this Agreement that tre not contained in this docu~nent. Accordingly, it is agreed that no deviation from t~e terms hereof shall be predicated upon an7 prior representation or agreements whet~er oral or written. It is f~"~er agreed that no modification, amendment or alteration in the terms or conditions contained herein s~ll be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 14. ~ Agreement shall be governed, interpreted and constx'ued according to the laws of the State of Florida. I$. If any part of this Agreement shall be determined to be invalid or unenforceable by a cou,-t of competent .ju:J~ctlon, or by any other legally constituted body having the.jurisdiction to make such determination, the remainder of ti'tis Agreement shall remain in full force and effect provided that the part of the Agreement thus invalidated or declared unenforceable is not material to the intended operation of ~ Agreement. o EXHIBIT "A" PAGE i OF 2 MEMORANDUM OF A~REEMENT THIS AGREEMENT, made and entered into this , day of , 19 , by and between the State of Florida, Department of Transportation, hereinafter referred to as "DOT. and the State of Florida, Department of Insurance, Division of · Treasury~ .... hereinafter, referred--to .-a£ ~Treasury' and (f&~%i~mt! .Water-S~w~r.J~stri¢~, hereinafter referred to as the "Participant". WHE~, "DOT" is currently constructing the following State Project No.: 030~0-650913S09) F.A.P. No. : N/A W.P.I. No. : 1114091 County : Collier hereinafter referred to as the "Project". WHEREAS, DOT and the Participant entered into a Joint Participation Agreement dated , 19 wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the DOT and the Participant if an escrow account were established to provide funds for the additional work performed on the Project on behalf of the Participant by DOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein the parties agree to the following: 1. A~ initial deposit in the amount of $602.560.00¢s~ h--~ed and ~wothousand. five hundred and sixty dollars and no cents. ) will be made by the Participant into an escrow account. Said escrow account will be opened by DOT on behalf of the Participant in the name of the Florida .Department of Transportation with the Department of Insurance, Division of Treasury, ~ureau of Collateral Securities upon receipt of this Memorandum of Agreement. Such account will be opened and shall be deemed an asset of DOT. 2. Other deposits will be made only, by the Participant as necessary to cover the cost of the SR 951 12 Water Main Improvements work prior to the execution of any Supplemental Agreements. }wldfinih'tt O) lears after lcceptarict of ~ projta, h ~ evt~ f~ co~ h le~ ~ ~t adze ~t~ ~e ~OT ~ re~ ~ bala~e ~ ~e ~~. If ~e f~l cost exce~ ~e adze pa~e~, ~e ~~ w~l ~ hvoic~ for ~e f~ (40) days. ~e ~L~ s~ll pay an additio~l c~ge of 1 ~ ~r mon~ on ~y ~voice n~ paid wi~ ~e ~e 12. The UTILITY shall pay the FDOT'$ reasonable attorneys' fees and court costs if the FDOT prevails in litilation for ~ enforcement of the provisions of paragraphs 1, 8 or 12 of this Agreement. ................. 13." This'document incorporates and includes all prior negotiatio~s,'correspondence,'conversations; agreements or" untl~tz~dln~s at:~plicable to the matters contained herein, and the parties agree that there are no commitments, agreements or nnderit~din~s concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or ~ h is further agreed that no modification, amendment or alteration in the terms or conditions connined herein shah ~ effe~'ve unless contained in a written document executed with the same formality and of equal dignity herewith. 14. This Agreement shall be ~ovemed, interpreted and construed according to the law~ of the State of Florida. l$Oju:isdicg~. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent a' by any other legally constituted body having the jurisdiction to make such determination, the reminder of this Agreement shall remain in full force and effect provided that the pan otr the Agreement thus invalidated or declared unenforceable is not material to the intended operation or' this Agreement. PAGE 2 OF 2 EX~IIBIT #A' 3. All deposits shall be made payable to the DepartmeNt Of Insurance. Revenue Processinq and mailed to the DOT Office of Comptroller for appropriate processing at the following address: Florida Department of Transportation Office of Comptroller (M.S. 42) 605 Suwannee Street Tallahassee, Florida 32399-0450 ATTN: JPA Coordinator 4. The DOT's Comptroller and/or his desi_=nees shall be the sole si.onatories on the escrow account with Department of Insurance and shall have sole authority to authorize withdrawals from said account. S. Unless instructed ctherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the JPA. 6. The Treasurer agrees to provide written confirmation of receipt of funds to the DOT. 7. The Treasurer's Office further agrees to provide periodic reports to the DOT. STATE OF FLORIDA DEPA.~TMENT OF TR~-NSPORTATION COMPTROLLER STATE OF FLORIDA DEP~RTM~NTOF INSUR2=N'CE DIVISION OF TREASURY Collier County Water-Se~er Distr~ PA-~TIC IPANT · ,DDRESS: 3301 Tamiami Trail East l~aples, FI, 36112 FEDERAL TAX I.D. EXECUTIVE SUMMARY APPROVE CHANGE ORDER WITH SUNSHINE EXCAVATORS, INC. FOR THE LELY HIBISCUS CULVERT CROSSING, PROJECT NO. 31101; CONTRACT NO. 96-2613 OBJECTIVE: To receive Board of County Commissioners' approval of a change order for the Lely Hibiscus Culvert Crossing project. DESCRIPTION: Sunshine Excavator~, Inc. (Sunshine) has completed the Lely Hibiscus Culvert Crossing Project. Due to site conditions and underestimated bid quantities, ~ome bid items were increased and aome were deleted. A change order is needed to compensate Sunshine for the additional services and to close out the contract. The additional items at~ outlined in the attached Change Order No. I. Sunshine submitted a claim in the amount of $20,863.80 for the increased quantities. Staffreviewed and negotiated the claim to $17,943.75. Also, a work directive was issued to Sunshine to perform additional erosion control work for $2,850. The additional cost of this change order (inclusive of the claim and erosion control work) is $19,534.25. Original Contract Amount: Previous Change Orders This Change Order Proposed Contract Amount $37,726.00 $ 0.00 $19,534.25 The proposed contract amount of $57,260.25 is still below the next low bid ($89,938) and the Engineer's estimate (S 100,000). FISCAL IMPACT: Funds in the amount of $19,534.25 are available in: Fund No. 325 1981 Water Management CIP Cost Center No. 172977 Lely Outfall Canal Project No. 31 I01 Lely Canal GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Approve the attached Change Order No. I in the amount of $19,534.25 for the additional services. PREPARED BY: ' ' Date: /2--- S"- ~?' Project Man.Ocr, OCPM GkC I 6 1597 Sheet1 CHANGE ORDER TO SUNSHINE EXCAVATORS INC. 4760 TAMIAMI TRAIL NORTH NAPLES FL 34103 FROM COLLIER COUNTY OFFICE OF CAPITAL PROJECTS MANAGEMENT PROJECT NAME: LELY CANAL CROSSING CONSTRUCTION AGREEMENT DATE: CHANGE ORDER # 1 'CHANGE ORDER DESCRiPTiON 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 FINAL ESTIMATE PROJECT NO. BID NO. DATE: 31101 962613 OCT. 07.1997 ORIGINAL AGREEMENT AMOUNT ........................................ SUM OF PREVIOUS CHANGE ORDERS ................................. AMOUNT THIS CHANGE ORDER NO ..................................... REVISED AGREEMENT AMOUNT ........................................ ORIGINAL CALENDER TIME IN DAYS PREVlOUS CHANGE IN TIME THIS CHANGE ORDER ADJUSTED TIME IS REVI~ED CONTRACT TIME IN CALENDAR DA Y~ ORIGINAL NOTICE TO PROCEED DATE ORIGINAL COMPLETION DATE REVISED COMPLETION DATE 37,726.00 - 1g,$34.25 57,260.25 N/A N/A N/A 45 DAYS 0 DAYS 0 DAYS 45 DAYS Your acceptance of this change order shall constitute · modification to our agreement Ind will be performed subject to ell the same terms and cond/tions as contained II1 laid agreement Irldiclted Ibovi, Il fi, lll~ Il If the lime wert rip·ired tn th~ acceptance. The adjustment to this agreement shell constitu~e · full end final settlement of any and all claims arising out of or related to change set forth herein including claims for Impact and delay costs. PREPARED '"~--~' '/"~ ~ ~'~c1'~ DATE: ,~//~./ BY AccEPTEDOY ., r,_ \ ~. c~.m~'r~E ~. J<3~$ '~ DATE://I APPROVED BY ADCXJrO A. GC:f4?~ ~ P.E. DI~GTC~ OIrF'K~ OIr CAPKTAL PROJECTS MANAGEMENT DATE: I I Peg· 1 · ' d ~o .... i IIIIIIII II IIIIIIIIII - III III IIIIII .... EXECUTIVE SUMMARY APPROVE AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH HAZEN & SAWYER, P.C, FOR THE NORTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY 5-MGD EXPANSION, CONTRACT 96-2474, PROJECT 730:31 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, amend the agreement with Hazen & Sawyer, P.C., to provide engineering services related to accelerating upgrades to the reclaimed water pumping station as needed to meet existing demands for reclaimed water reuse. CONSIDERATION: On May 14, 1996, agenda item 16(B)(4), the Board approved a design contract for the NCRWWTF 5-mgd expansion project via a professional services agreement with Hazen and Sawyer (H&S). On September 23, 1997, agenda item 16(13)(20), the Board approved Amendment No. 1 for final design and services during bidding. A future Amendment No. :3 would be necessary to approve engineering services required during construction for the remainder of the treatment plant expansion. This Amendment No. 2 would be for design, services during bidding, and services during construction to accelerate the upgrade and expansion of the reclaimed water pmping station at the North County Regional Wastewater Treatment Facility (NCRWWTF) based on new design criteria, which calls for increased delivery pressures. This approach represents a mid-come change in the direction of the on-going design to expand the plant. Performance criteria for the reclaimed water pumping station have changed since it was originally designed. Staffbecame aware of the need to change the performance criteria after design began for the plant expansion. The recent addition of new bulk reuse customers, such as The Vineyards, has prompted the need to upgrade and expand the capacity of the reclaimed wate~ pumping station ahead of the ~hedule to expand thc treatment plant. These changes are also recommended to increase beneficial reuse ofreclaimed water by existing bulk customers and future reuse customers. This will be accomplished by increasing delivery pressure and capacity. Increased delivery capacity will match peak reuse demands. I-I/gher delivery pressure will also make reclaimed water available to potential smaller users locked along transmission corridors. Smaller users are those for which onsite bulk storage and repumping facilities arc impractical. Examples of possible smaller users are parks, landscaped medians, ~hools and meter/es. Stall'mci with the H&S team on several occasions to select a project approach and a tentative r, cope of work and fees. H&S pwvided a proposed scope and fee of $70,000 for design, bidding and construction contract administration. OCPM successfully negotiated fee reductions of $2,303 (applied toward Amendment 1) and $4,250 (applied toward proposed Amendment 2) with no changes in ~.ope. E~ecutive Summary · NCRWWTF Expansion, Amendment No. 2 Page 2 Additional fees for this amendment would total $65,750. A summary of the design fees for this project is provided as an attachment to Amendment 2. Th~ County Attorney's office has reviewed and approved the attached Amendment No. 2 for legal sufficiency. This project is funded in FY 98. Funds in the amount of S65,750 Fund 413 Sewer System Development Fees Cost Center 263611: Wastewater Capital Project 74024: Upgrade NCRWWTF Reclaimed Water Pun~ing Sta~on. GROWTH MANAGEMENT IMPACT: This project is needed to meet ~ wastewater demands in the north service area of thc County and is consistent with the 201 Facilities Plan Update (Wastewater Master Plan) as approved by the Board on Suly 19, 1997. RECOMMENDATIONSi That the Board of County Commissioners, as Ex-Officio the ~$ Board of the Collier County Water-Sewer District, approve Amendment No. 2 to the l~ofessional services agreement with Hazen & Sawy~, P.C., Contract ~>-2474, in the nmount of $65,750 for engineering services r~lated to the up~ade and expansion to the Reclaimed Water Pumping Station at the NCRWWTF. Tim Clem~Was~wa2r Director DATE:, ~,~///~ ') REVIEWED Ed nschner, Pub~Works Adminisuator DATE: KWn'.k~b ~ Ptofeutonal Services A~.ment. Amendment No. 2 ~: Pete Sc~dt, OCPM Project ]~nager NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION · AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 2 to the Agreement dated May '14, '1996 (hereinafter · AGREEMENT') is made and entered into this .. day of_ ., 19 , by and between the Board of County Commissioners for Collier County, Florida, a political subd'Msion of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the 'OWNER') and Hazen and Sawyer, P.C., a New York corporation, authorized to do business in the State of Florida, whose business address is 2101 Corporate Blvd., Boca Raton, Florida 3:3431 (hereinafter referred to as the 'CONSULTANT'). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION (hereinafter referred to as 'PROJECT'), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants end provisions contained herein, parties agree as follows: 4243C021.BCA ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as proscribed in Schedule B, entitled 'Schedule of Fees For Basic Services (B attachment A) and Consultant's Estimate of Additional Services (B attachment C)', as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. 4243C021.BC4 2 ARTICLE FOUR 4.1 T;,: ,', .? ?,Z ~h~ENT, as amended, shall ~emain in fdll force and effect. IN YV[ TM ,cee ' ,'~:,~,~ WHEREOF, the parties hereto have executed this Amendment to Profession~l ,g~r,,ices Agreement for the NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 6 MGD EXPANSION the day and year first written above. ATTEST: (;,s to Chairman) Dwight ~. Lrock, Clerk BOARD OF COUNTY COMMISSIONERS FOR COLUER COUNTY, FLORIDA, A POUTiCAL SUBDMSlON OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLUER COUNTY WATER- SEWER DISTRICT Timothy L. Hancock, Chairman Approved as to form and Hazen and Sawyer, P.C. ~ 4243C02f. BCA HAZEN AND SAWYER Environmental Engineers & Scientists October 13, 1997 (Revised October 30, 1997) SC F_DULE RECEIVED Hazen and Saw'y~. P.C 2'101 Cofp~al¢ BIv~. Boca ~lon; FL 3~31 561 Fax: 561 997.8159 H0¥ 0 5 1997 OH-It/r-ur t,m'l ITU,. oROJEC'r UANA ,;m'em, Der~v~red Mr. Pete Schalt COLLIER COUNTY PUBLIC WORKS OFFICE OF CAPITAL PROJECTS MANAGEMENT 3301 Tamiami Trail South, Building D Naples, Florida 33939 NCRWVVTF 5-MGD Expansion Contract Amendment No. 2 Reuse Pump Station Modification_s Dear Mr. Schalt: In accordance with our discussions during last Thursday's meeting, we are pleased to submit the revised supporting documentation for Contract Amendment No. 2 to our Professional Services Agreement dated May 14, 1996. Contract Amendment No. 2 provides for design, bidding and construction management services for modifications to the existing NCRWWTF Reuse Pump Station as described in detail in the attached Schedule A (Scope of Services). The attached documentation supersedes that originally submitted for Contract Amendment No. 2 on October 13, 1997. · Schedule A (Scope of Services). As we agreed, Schedule A is presented as an update to HMA's original letter proposal to Mr. Karl Boyer. · Schedule B - Attachments A (Schedule of Fees for Basic Services) and C (Consultant's Estimate of Additional Services, Including Detailed Observation). Attachments A and C have been formatted to indicate subtotals for the Original Contract, Contract Amendment No. 1 and Contract Amendment No. 2, respectively. Attachment A has been updated to reflect additional credit to the County for duplication in work associated with the mechanical design of Reuse Pump Station modifications. The total credit, as presented in the attached table entitled "Summary of Design Fees", equals $6,553.00. This amount equals approximately 40 percent of the original design fee for Reuse Pump Station Modifications under the original 5-MGD Expansion Scope and reflects a credit for design work between the 60 percent design stage and the 100 percent design stage. Revised October 30, 1997 Page 2 Schedule C - Project Schedule. As the Reuse Pump Station Modifications will be bid as a separate construction project from the 5-MGD Expansion, the attached Project Schedule addresses only that work directly associated with the Reuse Pump Station Modifications. As always, if you have any questions or comments, please do not hesitate to call me. Very truly yours, HAZEN AND SAWYER, P.C. Kurt A. Pfeifer, P.E. Project Manager c: Tim Clemons Karl Boyer Gary Bors Albert Muniz Ron Benson Tom Taylor Bob Burbdnk File 4243 - 1.2 4245LO20.BCA Preser~ng &nd ent~ncing Fk~d~"s qu~fity of file since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS June 25, 1997 (Revised October 23, 1997) Mr. Ka.tl W. Boyer, P.E. Senior Project Manager Collier County Office of Capital Management 3301 Tamiami Trail E, Bldg D Naples FL 34113 Expansion and Upgrade of Reclaimed Water Pumping Station North County Regional Wastewater Treatment Facility HMA File No. 97.42 Dear Karl: Per your request of June 6, 1997, I am pleased to submit this proposal to provide engineering services for expansion and upgrade of the Reclaimed Water Pumping Station at the North County Regional Wastewater Treatment Facility. Tl'fis project will allow the existing pumping station to be able to meet the peak irrigation demand of 6,500 gpm associated with disposal of effluent for the current rated capacity of 8.5 MGD annual average daily flow and provide a fifth pump to increase the capacity to 15,350 gpm to handle the demands anticipated with the upcoming 5 MGD expansion. This project, in conjunction with the control valve project, will provide adequate dischm'ge pressure to assure a minimum system pressure of 45 psi at the remote points in the reclaimed water system (currently the most remote reclaimed water customer is the Vineyards) and also allow disposal of up to 6.0 MGD of excess effluent via the second deep injection well at the North Water Treatment Plant at the minimum pressure of 40 psi which is required for operation of the deep well. The necessary, improvements to accomplish these improvements are summarized in the HMA report dated January 24, 1997 which was based on the HMA preliminary hydraulic analysis report dated January 24, 1997 (Final report dated April, 1997). The scope of work to be performed for this project is outlined below: 1. Prepare Preliminary and Final Plans and Specifications to include the following: a) Modification of the four existing pumps from three-stage to five-stage units, including replacement of impellers and modification of pump columns to allow reinstallation into current pump bases. ...... mill ....................................... ~ ............... ~ .... m Mr. Kari Boyer Senior Project Manager Collier County Office of Capital Management HMA File No. 9'7.42 June 25, 1997(Revised October 23, 1997) Page 2 b) Replacement of the four existing 100 horsepower motors with four new 200 horsepower motors. c) Replacement of the two existing I00 horsepower variable frequency drive units with two new 200 horsepower units. d) Installation of fifth pump with 200 horsepower motor and VFD, including piping modifications and strainer. e) Upgrades to the electrical system (wiring, breakers, etc.) necessary to provide adequate power to the five 200 horsepower pumping units. f) Addition of a new 1250 KW emergency standby power system to allow operation of four of the five pumping units at 100 percent speed. g) Modification and/or upgrade of the HVAC system to handle the heat release from five 200 horsepower pumping units. 2. Meetings with Collier County OCPM and Wastewater Division representatives to review Preliminary Plans and Specifications. 3. Assistance ',',ith Bidding. Respond to contractor's questions, prepare and distribute any and all addenda, attend Preconstruction Conference, and evaluate bids to recommend lowest responsive bidder 4. Contract Administration. Review of contractor's submittals, pay requests and progress schedules, review any proposed changes to the contract and negotiate with contractor any changes to the contract, issue interpretations and clarifications to the plans and specifications, advise Collier County OCPM as to the acceptability of work as it progresses, and prepare and submit record documentation at the close of the project. 5. Detailed Observation of Construction. Provide periodic observations of Contractor progress during construction. These inspections will be conductea at milestone events as determined from the contractors progress schedule and will be conducted by the various engineers associated with that particular milestone. (Electrical, Mechanical, Environmental, etc.) 6. Substantial Completion and Final Completion Inspections, including development of "punch list". 7. Starlup Assistance. Monitor and review the stm'tup of new and modified components of the station. Recommend approval/disapproval of all performance testing conducted and review contractor's schedule and agenda for training of the various components. W:~199~97042~971010BOYER.DOC L:.:. q , Mr. Karl Boyer Senior Project Manager Collier County Office of Capital Management HMA File No. 97.42 June 25, 1997(Revised October 23, 1997) Page 3 We propose to provide the above services for the following fees: Preliminary Design Final Design Meetings Bidding Assistance Contract Administration Detailed Observation Completion Inspections Startup Assistance 612,250 lump sum $ 4,500 lump sum $ 3,500 time and materials $ 5,600 lump sum $15,000 lump $15,700 time and materials $ 3,100 time and materials $ 6,100 time and materials Thank you for the opportunity to continue to serve Collier County's engineering service needs. I look forward to hearing from you soon. Should you have questions, please do not hesitate to contact me. Very truly yours, HOLE, MONTES AND ASSOCIATES, INC. Ronald E. Benson, Jr., Ph.D., F.E. Vice President, Director of Environmental Engineering REB/nsl cC: Kur~ Pfeifer, P.E. Ron Dillard, P.E. Pete Schalt · WM 997~970.(2\971010 BOYE P..DCX2 ~Z ¢.~> LLJ IJ,.. = =°i Odginal Contract Amendment 1 Current Contract Proposed Amend 2 Proposed Contract COLLIER COUNTY NCRWWTF 5-MGD EXPANSION RECLAIMED WATER PUMPING STATION UPGP~DES SUMMARY OF DESIGN FEES $745,000 $768,895 (includes $4,250 to design Reclaimed Water PS from 60% to 85%) (excludes $2,303 to design Reclaimed Water PS from 85% to 100%) $1,513,895 $65.750 ($70,000 less $4,250 in Amendment 1 to design Reclaimed Water PS from 60% to 85% complete) $1,579,645 EXECUTIVE SUMMARY_ AWARD CONTRACT TO MID-CONTINENT ELECTRIC, INC. TO CONSTRUCT I MMOKALEE DOWNTOWN STREETSCAPE BEAUTIFICATION, PHASE II, SUB-PHASE A (BID 97-2694) (PROJECT #68063). OBJECTIVE: To award a Contract for construction of improvements for Immokalee Downtown Streetscape Beautification, Phase II, Sub-Phase A (Bid 97-2694). CONSIDERATIONS: Advertisement for bids was posted on June 26, 1997. Invitations to bid were sent to over fifty vendors. Sealed bids for Bid No. 97-2694 were opened on July 23, 1997. The summary ofthe bids received is as follows: CONTRACTOR Better Roads, Inc. Mid-Continent Electric, Inc. TOTAL BI~ $723,646.55 $593,406.50 The Office of Capital Projects Management has reviewed the prices and total cost and has found them to be correct as tabulated. The Landscape Architect's estimate of probable cost for the project was $435,000. The bids received reflected higher costs than anticipated due to market conditions, project location and the complexity of the project design. In an attempt to bring these costs more in line with the estimate, the project was value engineered. On October 7, 1997 a representative of Mid-Continent Electric, OCPM staff and the project designer met and reduced (with mutual agreement) the bid price to $455,534.50. Based upon a review of the qualifications and experience of the low bidder, together with the knowledge that this same vendor successfully completed similar installations in Lake Wales and Punta Gorda, Florida; staff recommends this Contract to be awarded to Mid-Continent Electric for the amount of $455,534.50. The current budget for this project is $23,565. There is $423,345 remaining in the project from the previous fiscal year available to be re-appropriated in FY 98. In addition, $92,355 in new funding is requested. Including project management costs and a project contingency reserve, $539,265 is needed to complete this project. Funds are available as follows: Project FundinK Available: Available Carry Forward from FY 97 Project Budget: Current FY 98 Project Budget: Subtotal: $423,345 $ 23,565 $446,910 November 26, 1997 Page 2 · R ~a Aqlditional Funqhng _~ Additional Carry Forward Available: Improvements General (Non-Project): Subtotal: 55,045 37.310 92,355 Total FY 98 Project Funding Requested: $539,265 A budget amendment in the amount of $478,390 is needed to recognize the carry forward revenue and ~nd the addition,'d project expenditures. Ro'~ue Increase: Increase: Decrease: Fund Cost Center Object Code Amount Fund Cost Center Project Amount Fund Cost Center Object Code Amount (156) Immokalee Beautification MSTU (919010) Reserves (489200) Carry Forward General $478,390 (156) Immokalee Beautification MSTU (162723) Immokalee Lighting (68063) Immokalee Beautification 5515,700 (156) Immokalee Beautification MSTU (162723) Immokalee Lighting (763100) Improvements General ($37,310) GROWTH MANAG~MENT, IMPACT: The plan for landscaping and pedestrian enhancements along SR 29 by the Immokalee Beautification Committee will implement Policy II.1.8 of the Immokalee Master Plan. ]RjECOMMENI)ATIO_Ni That the Board of County Commissioners: 1. Award a contract for Bid No. 97-2694 to Mid-Continent Electric, Inc. for the amount of $455,534.50. 2. Authorize the Chairman to execute the Contract. 3. Approve the necessary FY 98 budget amendments to fund the Immokalee Downtown Streetscape Beautification project contract from Fund 156. AGENDA ITEM DEC 16 1997 P.z._ - Executive Summary - Immokalee Downtown Streetscape Beautification Phase II November 26, 1997 Page 3 J~h 1~. Delate, XSL,~., RLA, Project Manager OtT~ef ~ ~'~,'AS~°'° ~°f qapit~l P~ts M~nagement~ ~/~'3' Adolfo A. Go galez, P.E.,.(~firecto Date:]- 7 REVIEWED BY: Office,of Cap ,1 Projects Managemegi--~ REVIEWED BY: REVIEWED Ed Ilschner, Administrator Public Works Division David F. Bobanick, Director on Department . Steph~n~. Camm,, ' Date: attachment xc: Immokalee Beautification MSTU Advisory Committee pag/2 c xsumimmokstrcctbeau tl l.doc 4586 PROGRESS AVENUE NAPLES, FLORIDA 34104 October 7, 1997 Mr. Joe Delate Collier County Department o f Capital Projects Building F Collier County Government Center Naples, FL 33962 Re: Immokalee Downtown Strectscape Phase II Bid # 97-2694 Dear Sir, I am writing to offer the county a value engineering proposal on the above referenced project that will not change the integrity of the project yet still bring in within the budget. Our proposal is to eliminate some line items that our repetitious, eliminate other items that our better to be instal.led when the landscaping contract is bid and to install some items under other items by value engineering. The following is our proposal; Items being deleted that will be installed under lmndscape contract later to avoid damage to these items during landscape operation Separator brick paving 2000 sf $ 15.35 Utility Strip brick paving 4150 sf 10.00 Water meter Iea 1500.00 Backflow Preventor 1 ea 1300.00 $ 30,700.00 41,500.00 1,500.00 1,300.00 Items being deleted and installed under a different pay ite:n. Fixture A screw anchors 8 ea 460.00 Fixture B screw anchors 24 ea 830.00 Fixture C screw anchors 23 ea 630.00 3,680.00 19,920.00 14,490.00 Increase the item Fkxlure A concrete footings from a quantity of 6 to 63 each. All foundations for fixtures A, B and C will be installed for the unit price of $ 400.00. Delete the following items, this sleeving will be installed with 4 inch sleeves at no additional COSt. 2" Diameter PVC sleeves 1630 If 13.00 Delete the following item this will be done as incidental to other work. 16,744.00 l~} Removal/Demolition ' .. ., I Existing Fix-lures & footings 23 ea 400.00 9,200.00 / Increase the line item for Street light due to a quantity error in the plans from 23 to 25 tot~ ...... --~--.: :::-~JJ , F^X 194~) PHONE (941) 643-0266 Sheet 2 Of 2 Mr. Joe Delate units needed. The following items will be installed at a reduced price due to elimination of special sealant joint between curb and asphalt. Type D curb reduce from $30 to $15.00 954 If $14,310.00 Type F curb reduce from $32 to $16.00 356 If 5,696.00 Drop curb reduce from $32 to $16.00 152 If 2,432.00 With the above listed value engineering the new revised total proposed price for this work will be $ 455,534.50. Please review the above and see ifth.is is to be satisfactory and please contact my office if you have any questions. Sincerely, Doug Mc~tyre Pr.e~ident I , . · N.APLES, FLORIDA 34104, November 3, 1997 Mr. Joe Delate Collier County Department of Capital Projects Building F Collier County Government Center Naples, FL 33962 Re: Immokalee Downtown Streetscape Ph~e II Bid # 97-2694 RECEIVED NOV 0 5 1997 Dear Sir, ] am writing to exqend the proposal acceptance time for the above referenced project beyond what was outl~ed in the proposal documents. We are willing to exaend the time frame of acceptance of our proposal for an additional ninety days. Our price will be good for tlxis period of time without any increase in cost to the county. If you have any questions or need further information please be in contact with my office. Sincerely, Doug Mclntyre President FAX (941) 643-5~ PHONE (~j41) 643-0266 EXECUTIVE SUMMARY AWARD THE VANDERBILT BEACH CONCESSION AGREEMENT. Objective: To have the Board of County Commissioners award the Vanderbilt Beach Concession Agreement to Day-Star Unlimited Inc. Consideration: RFP # 2654 was advertised on March 20, 1997 with the actual bid opening occurring on April 11, 1997. One vendor responded to the Request for Proposal, Day-Star Unlimited Inc. The committee accepted their proposal. The term of the initial agreement is for three years with an option to renew for two separate periods of one year each, under the same terms and conditions as the original agreement. The Concessionaire is authorized to sell and/or rental of umbrellas, chairs, mocks, tubes, rafts, floats, kites, cabanas, caps, shirts, beach related sundries, and any other lawful activity approved in writing by the Director of the Parks and Recreation Department. The general public has responded positively to similar concessionaire services at Tigertail Beach Park and Clam Pass Beach Park. Fiscal Impact: The County shall receive fifteen percent (15%) of the gross monthly revenues or a minimum monthly dollar amount of $300.00. Revenue in the amount of $2700 is budgeted under General Fund, Beach and Water Park Operations, Concession Fees (# 001-156363-347908). Growth Management: None Recommendation: That the Board of County Commissioners award the Vanderbilt Beach Concession Agreement to Day-Star Unlimited Inc. J~'~ Dunnuck, Operations Coordinator Department of Parks and Recreation Approved cd ,.~/~? ~,//~?Reviewed ~ M~la Ramsey, Director~ Depmment of P~ks ~d Recreation Review~ and ~)~,, ~~ Approved by:~k ~ , Dep~ent o~ Purchasing Date: Date: Reviewed and ^ prov _ Thomas W. Olliff, A~istrator Division of Public Services Date: Agenda Item DEC 1 6 1997 VANDERBILT BEACH CONCESSION AGREEMENT THIS AGREEMENT made effective this day of , 1997, A.D. be,'c, veen Collier County, a political subdivision of the State of Florida (hereinafter called the "County") and Day-Star Unlimited Inc., a Florida Corporation with offices at 590 92nd Avenue North, Naples, Florida 34108 (hereinafter called "Concessionaire"). 1. 8COPE. The County hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the County, the exclusive right to operate the following described concession at Vanderbilt Beach, Vanderbilt Drive, Naples Flodda, in conformance with the purposes and for the periods stated herein and subject to all terms and conditions hereinafter set forth. T.E. RM. This Agreement shall be for a term of three (3) years, commencing within ten (10) calendar days after receipt of the Coastal Construction Setback Line Permit and shall be renewable upon satisfactory performance by the Concessionaire, for two separate additional periods of one (1) year each, under the same terms and conditions, subject to the subsequent approval of the Board of County Commissioners. The Count7 Administrator may extend this Agreement under all of the terms and conditions contained in this Agreement for up to one hundred twenty (120) additional days following expiration of the original three (3) year term or following each of the extended one (1) year terms. The County must give the Concessionaire written notice of its intention to ex-tend the Agreement no less than ninety (90) days prior to the end of the Agreement term then in effect. The Concessionaire shall notify the County in writing within sixty (60) days prior to the end of the respective Agreement term then in effect of Concessionaire's intention whether or not to accept the extension. FACILITIES. The County shall provide to the Concessionaire the use of the following facilities and space: All that part of Section 32, Township 48 South, Range 25 East, Collier County, Florida known as Vanderbilt Beach and as described in the Legal Description attached hereto. Concessionaire may construct a mobile type building construction codes set forth by County Code Department. shall be located landward of the dune walkover. utilizing standard Any such structure Agenda LtAm '" EC 1 6'1997 P g ° ~'-'~'?~"-'-_, USES. The Concessionaire is authorized to conduct the following types of business and to provide the following services, and only such business and services, at the location as set forth below: Sale and/or rental of umbrellas, chairs, hammocks, tubes, rafts, floats, kites, cabsnas, caps, shirts, beach related sundries, and any other lawful activity approved in writing by the Director of the Parks and Recreation Department. NOTICES. All notices from the County to the Concessionaire shall be deemed duly sewed if msiled by registered or certified mail to the Concessionaire at the following address: Day-Star Unlimited Inc. 590 92nd Avenue North Naples, Florida 34108 Attention: Mr. Daniel Byers, President Ail notices from the Concessionaire to the County shall be deemed served if mailed by registered mail to the County at the following address: Director of the Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to the Concessionaire; that the corporation is a concessionaire and not a lessee; that Concessionaire's right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be construed as creating a partnership between the County and the Concessionaire. Concessionaire is not an agent of the County. ASSIGNMENT. The Concessionaire may not assign this Agreement, or any part hereof, without prior written approval of the Board of County Commissioners. Any attempt to assign without such approval shall be void. Concessionaire agrees that without the prior writ'ten consent of the Board of County Commissioners, no shareholder shall sell, assign, transfer or convey his/her stock (except by operation of law), nor shall the ocr. potation issue any additional shares of stock, if any such transfer or issuance will effectively change the ownership of the corporation. However, the shareholders have the right to convey between themselves .and their spouses and children without the County's consent. USE OF THE FACILITIES IS PRIMARY. Vanderbilt Beach is for the use of the public for recreational and other public purposes and the public's right to such use shall not be infringed upon by any activity of the Concessionaire. However, this does not preclude the Concessionaire from scheduling promotional events which might temporarily limit access to the event site subject to the prior written approval for each of said event, on a case-by-case basis, by the Director of Parks and Recreation Department. SECURITY. The Concession,sire must provide at its expense any security measures to protect its area, equipment, materials and facilities. Such security measures shall not violate other restrictions of this Agreement. PERMITS, LICENSES. TAXES The Concessionaire shall obtain and pay for all permits and licenses necessary for the conducting of business and shall comply with Ell laws governing the responsibility of an employer with respect to persons employed by the Concessionaire, This shall include HRS Screening for the Concessionaire and its employees. The Concessionaire and each of its employees shall successfully complete CPR and First Aid Classes within one hundred eighty (180) days of the commencement of this Agreement. The Concessionaire shall also be solely responsible for payment of any and all taxes levied on the concession operation or any other taxable activity on the premises. In addition, the Concessionaire shall comply with all existir,g and future applicable rules, regulations and Jaws of Collier County, the State of Florida, or the U.S. Government. _PERFORMANCE BOND. The Concessionaire shall provide a Performance Bond in the amount of Two Thousand Dollars ($2000.00) which shall be required within ten (10) calendar days after receipt of the Coastal Construction Setback Line Permit. DEC 1 5 1997 Pg.. .'/'/- _ The Performance Bond shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to so business in the State of Florida. Attorneys-in-fact that sign Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. 10. TRASH AND GARBAGE REMOVAl. The Concessionaire shall be responsible for the pickup and removal of all rubbish, trash, and garbage within fifty (50) feet of the beach concession. The Count'/shall provide commercial garbage service. 11. RESTROOMS. The Concessionaire shall clean restrooms (sweeping, mopping, cleaning of sink, toilet bowls, urinals, restocking, and emptying of trash containers) two (2) times daily; one time prior to 8:00 a.m. and the second time mid-afternoon. The County shall furnish to the Concessionaire all materials necessary to dean and supply restrooms. 12. CONSIDERATION. The Concessionaire shall remit to the County, as co~',sideration for this Agreement, a percentage of 15% of the total gross revenue or a minimum monthly dollar amou,'~t of $300.00, whichever is greater, of the Concessionsire's business of seIling and/or renting umbrellas, chairs, hammocks, tubes, rafts, floats, kites, cabanas, caps, shirts, and beach related sundries. The percentage shall be based on total gross revenues per month. Said payments shall be tendered to the County by the 15th of each month for the preceding month, and such payments shall be accompanied by a statement of gross receipts for the preceding month. The applicable Florida State Sales Tax on payments to the County as per this Agreement shall be added to the Concessionaire's payment and forwarded to the County as part of said payments. The County is to receive its revenue payment as net, free and clear of all costs and charges arising from, or re!ated to Concessionaire's obligations under this Agreement, and that the guarantee or the percentage of total gross revenues be paid monthly. The term "gross revenue" or "gross receipts" means all income collected, accrued or derived by the Concessionaire under the privileges 9ranted by this Agreement or other document entered into with the County, excluding amounts of any Federal State or other tax collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. The Concessionaire shall provide the County Finance Department a Statement of Gross Receipts. Such statement shall be certified as true, accurate and complete by the Concessionaire and by an independent Certified Public Accountant. The Concessionaire agrees to use point-of-sale machines or other accounting control equipment for the proper control of cash and payment. All financial records are to be maintained during the entire term of this Agreement and for a period of three years following the termination of this Agreement. The Concessionaire shall provide a copy of its State Sales and Use Tax Report for the same accounting period as required for the Statement of Gross 4 13. 14. 15. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on that amount, and any other taxes and fees due must be submitted to the County through the Director of Parks and Recreation, to be received no later than fifteen (15) days after the dose of each month. In the event the Concessionaire fails to pay this consideration within five (5) days of such due date, there shall be a late charge of Fifty Dollars ($50.00) for each such late payment, in addition to interest at the highest rate allowable by law. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the County may take possession of the Concessionaire's assets on County property, m~y cancel this Agreement, and may begin procedures to collect the Performance Bond. A monthly report of activities shall be submitted to the Director of Parks and Recreation by the 15th of each month. This report shall accompany the monthly statement of gross revenues and will be subject to audit. The County has no duty to notify the Concessionaire of its failure to remit any such payment or report. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to fire damage, flood, civil disorders, act of God, etc., to some but not all of the facilities and equipment, the County will allow pro rata adjustment of monthly payments up to the time such damage is repaired. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove from the Vanderbilt Beach Concession any personal property brought thereon or any replacements thereto by the Concessionaire for the purpose of this Agreement, except such items as may be removed with the express written permission of the Director of Parks and Recreation. Upon expiration of the term specified in Paragraph l-a, if the Concessionaire has made full payment under this Agreement, and has fully complied with the terms of this Agreement, he may remove his personal property including equipment from Vanderbilt Beach and shall do so within fifteen (15) days following the expiration of this Agreement, provided such personal property and equipment must be removed without damage to the premises. On Concessionaire's failure to do so, the County may cause same to be removed and stored at the cost and expense of the Concessionaire, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and County may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. DEC I i~ 1997 16. 17. 18. 19. 20. 21. RECORDS. AUDIT. Concessionaire shall establish and maintain such records as now exist and may hereafter be prescribed by the County in the future to provide evidence that ali terms of this Agreement have been and are being observed. The Concessionaire grants to the County the right and authority to audit all records, documents, and books pertaining to the concession operation. Such audit will be conducted at locations and at a frequency determined by the County and communicated to the Concessionaire. The Concessionaire agrees to provide materials for the audit at .the place designated by the County within three (3) business days after the County's notice to do so is received by Concessionaire, all at no cost to the County. COOPERATION. The Concessionaire agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of all concession services. The County shall provide Concessionaire with advance notice of any special event and shall coordinate with the Concessionaire regarding same. County shall provide Concessionaire with notice of the availability of plans for any remodeling of the facilities. INSPECTION. The concession facilities ,~nd premises may be inspected at any time by a authorized representatives of the Director of Parks and Recreation or designee, or by any other agency having responsibility for inspections of such operations. Concessionaire shall undertake immediate!y the correction of any deficiency cited by such inspectors. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. Any such interferenca shatl not relieve the Concessionaire from any obligr~tion hereunder. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all rights, claims, and demands and forever re!eases and discharges the County from all demands, claims, actions and causes of action arising from this Agreement, except intentional torts. NO LIENS. Concessionaire will not suffer or through its actions or by anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, Concessionaire shall cause such lien to be discharged within ten (10) days after written notice to do so from the County. Agenda No. DEC I tJ 1997 22. ORDERLY OPERATIONS, ETC.. The Concessionaire shall have a neat and orderly operation at all times and shall be sole!y responsible for necessary housekeeping services to properly maintain the premises. There shall be no living quarters, nor shall anyone be permitted to live on the premises. 23. EMPLOYEES: MANAGER. The Concessionaire shall employ people to work at this facility who are neat, clean, well-groomed and courteous. All employees shall observe all the graces of personal grooming. Subject to the American with Disabilities Act, Concessionaire shall supply competent employees, who are physicallY capable of performing their employment duties and the County may require the Concessionaire to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on CoIlier County property is not in the best interest of the County. All Concessionaire employees shall wear shirts and shoals with the Concessionaire's logo or other identifying marking. The Concessionaire shall have an experienced manager overseeing the concession operations at a!l times when open for business. 24. HOURS OF OPERATION. The concession shall be open and properly staffed seven (7) days per week. The hours of operation shall be from at least 9:00 A.M. to at least 5:00 P.M. The Cor, cessionaire may open ~t an earlier time and close at a later time subject to prior writlen approval of the Director of Parks and Recreation Depadment. All hours of operation shall be conspicuously posted and easily read by park visitors. 25. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive purpose, nor for any purpose in violation of any federal, state, or County law, ordinance, rule, order or regulation, or of any applicable governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of any violation of this Agreement by the Concessionaire, or if the County or its authorized representative shall deem any conduct on the part of the Concessionaire to be objectionable or improper, as noted on the Concession Inspection Report, the County shall have the right to suspend the operation of the concession should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the County. The Concessionaire shall not commence operation during such suspension until the violation has been corrected to the reasonable satisfaction of the County. 26. pRICES. The Concessionaire agrees that prices and fees charged for concession merchandise and services will be competitive with those charged for similar merchandise and service in the general vicinity of the park. All prices must be displayed and vis;'ble by the Concessionaire' s customers. All such prices and fees must be aPl:reveal in wrfting by the Director of Parks and Recreation or designee. The Concessionaire shall rent or sell only those items approved in writing by the County. 27. NO DANGEROUS MATERIALS. The Concessionaire shall not use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or articles proh~ited in the standard pohcies of fire insurance companies doing business in the State of Florida. 28. [:)EFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the terms and conditions hereof and such default is not cured within fifteen (15) days after writ'ten notice is given to the Concessionaire, the County may cancel this Agreement and revoke the privilege of the Concessionaire to come upon the County's property for purposes for which the concession was granted and may oust and remove all parties who may be present, or may occupy any part of the premises for the Furpose of exercising any rights so revoked. 29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. Ail facilities located on the premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 30. TERMINATION. The Agreement may be terminated by the County immediately due to any material breach of this Agreement, including, but not limited to, failure of the Concessionaire to maintain the approved hours of operation or failure of the Concessionaire to provide a receipt to each customer for every transaction. The County shall be sole judge of non.performance. Further the County may terminate this Agreement for its convenience by giving the Concessionaire not less than a sixty (60) day written notice of such intent. During the notification period, both parties agree to meet its respective contractual obligations in good faith. 31. 32. COUNTY CONTROLS OF VANDERBILT BEACH CONCESSION. Nothing in this Agreement Will preclude the County from using the public areas of Vanderbitt Beach for public and/or civic purposes as deemed necessary by the Director of Parks and Recreation. VEHICLES [N PARK. Vehicles are allowed in the areas only where roadways are provided. Vehicles shall park only in areas designated by the County for vehicle parking. Agend m 1 '1997 35. 36. J:~.ORIDA I,,AW. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida. 81GNAGE. The Concessionaire shall provide, at his sole expense, required signs at all public approaches to the Concession. All signage, advertising and posting shall be as approved by the Director of the Parks and Recreation Department. Signs that will be used for advertising purposes shall be constructed and maintained to County standards as defined by the Code Compliance Department. The use of the Collier County Logo is prohibited. INDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold the County of Collier and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, ,costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings 07 causes of action of every kind and character in connection with or arising directly or indirectly out of this Agreement and/or the performance thereof. Collier County will be responsible for its sole negligence. INSURANCE. Before commencing work of any kind (1) the Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida. 2, nd (2) shall file evidence of such insurance with Collier County's Risk Manager. Commercial General Liability_.' Coverage shall have minimum limits of ~500.000 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. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with all their applicable state and federal laws. Seecial Reou rements: 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 Concessionaire during the duration of this Agreement. Renewal certificates shall be sent to the County at least 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 required insurance coverage. Concessionaire shall insure that all of its subcontractors comply with the same insurance requirements that Concessionaire is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 37. THIS AGREEMENT shall be administered on behalf of the County by the Parks and Recreation Department. As. used herein, the word "County" shall refer to the Director of Parks and Recreation unless the context renders such construction illogical. 38. 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: All Insurance Certificate; RFP No. 97-2654, and Performance Bond. In the event that any Terms and Conditions of the Request for Proposal are perceived or found to be in conflict with this Agreement, th.e Agreement shall take precedence. IN WITNESS WHEREOF, the Concessionaire and the County, have e.~ch, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Dated: AT'TEST: DWIGHT E. BROCX, CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: TIMOTHY L. HANCOCK, CHAIRMAN CORPORATE SEAL Approved as to form and lega, sufficiency:I~~'~,('', Thomas C. Palmer Assistant County Attorney Da¥.StarlJnlimited. Inc.. A Florida Corp. The "C.,d'r~ c e s?c.~a i r e" S ig n a tu re/Cf/P r"e'.~/(:J e nt of ,_....~Day-S~i' 'dc, l~[ted Inc. ' Printed name of PreSident l0 Exhibit to Vanderbilt Beach Concession Agreement Legal Description All that part of Section 32, Township 48 South, Range 25 East, Collier County, Florida, being described as follows; Commencing at the southeast corner of Section 32, Township 48 South, Range 25 East, Collier County, Flodda; thence along the east line of said Section 32, North 00°-38'-50" West 3437.06 feet to the southerly right-of-way line of State Road S-862 (Vanderbilt Beach Road); thence along said right-of-way line North 80¢-08'-20" West 184.3.02 feet to the POINT OF BEGINNING of the parcel herein described; thence South 60°-32'-23" West 33.49 feet; thence South 21°-19'.00" East 31.78 feet; thence South 01°-27'-30" West 40.12 feet; thence South 22°-00'-30" East 34.48 feet; thence South 64°-15'-40" East 17.00 feet; thence South 09°-51'-10.' East 20.25 feet: thence South 3E,°-15'-25'' East 16.16 feet; thence South 09°-49'-10' East 8.95 feet; thence South 08°-55'-00" East 6.04 feet; thence South 04"-33'-35' West 59.22 feet; thence North 80°-08'-20'' West 75.06 feet to the State of Florida Department of Natural Resources Coastal Construction Control Line (per revised map of record, recorded July 29, 1980, Collier County, Florida); thence continue North 80°-08'-20'' West 200 feet more or less to the Mean High Water Line of the Gulf of Mexico; thence northwesterly along said Mean High Water Line 241 feet more or less to a point on the said southerly right-of-way line of State Road S-862 (Vanderbilt Beach Road); thence along said right-of-way line South 80°-08'-20" East 200 feet more or less to the said Florida Department of Natural Resources Coastal Construction Control Line; thence continue along the Southerly rfght-of-way line of said State Road S-862, South 80°-08'-20'' East 100.37 feet to the Point of Beginning of the parcel herein described; subject to easements and restrictions of record; 11 Agenda. l.tt~ DEC 1 G 1997 N-?~s, F%ori~ 34102 ~Z' (94;) 2'.2.3.°90 J~yl0. 1997 Collier Cou.nn.' Board of Comrm:i~ione~s Gw:n Bud:,'. Pm':hasing Dcp~nmcnt 3.:01 East Tami~i Trail .Naples. Florida 34112 Re: Da}' Star L'~irrdtcd con[orrnation cf insttrabili~'. Dear .',[rs Euder. T?us is to irfforrn you that Da>' S.ar Unlimited and Da.n.i:l Be.vets. a t,cach rental concession venrure, have reached an a~eemem ',vit,h Monticello Ir. surance Company and I as their ag:r.: to provide lial~ilit3' insu..'"an:e at limi $ of: SSO0.O00 Lncl. in Gen SEO0.O00 SEO0.O00 S 20.000 $ 1.000 General A..re,.ate Products/Compleled Ops ..t.g~regatc Personal & Advertising Injury Each Occurrence Fire Damage (An.v One Fire., Bledic:d E~pense Deduc:ible: SNone Th2s :c','¢:age v, flI be bound at tl:e insured reques'i. Pleaie cml me LI you have an)' questions. ~r'C~C~igham Cu. nnin.zham Ira"u.rance Agent', Inc. HCC IND EF£ND ENT INS URANCE A GENT ~..l...; ~.. ~ 1997 SUPPORT SERVICES DMSIO~ COLLIER COUNTY GOVERNMENT GENERAL SERVICES BLDG Purchasing Department 3301 TANITA~%II TRAIL EAST NAPLES, FL 33962 (941) 774-8425 A CERTIFIED BLUE CHIP CO.%~IUNqTY DATE: March 7, 1997 TO: Prospective Bidders FROM: Gwen Butler, CPPR, Senior Buyer~~ RE: RFP #97-2654- "Vanderbi!t Beach Concession. The Board of County Commissioners, Parks and Department, Public Se_~vices Division, desires proposals for the above-referenced services. Recreation to receive Please refer to the Public Notice contained in the enclosed proposal package for the time and date of the Pre-proposal Conference and the Opening of this RFP. ' If you have any immediate questions regarding the specifications or intended work, you may contact Mr. Gary Franco, Parks Superintendent at 941/353-0404. If you have any procedural questions, you may contact me at 774-8425. We look forward to your participation in this RFP process. /gb CC: Gary Fr~co, Parka Supar~can~ant, ~arkl & Recra&Clon COLLIER COUNTY GOVERNMENT DIVISION OF ADMINISTRATrVE SERVICES PURCHASING DEPARTNEENT 3301 E. TAM1AMI TR. NAPLES, FL 33962 (813) 774-8425 A CI~ BLUE CHIP COM:M13NIT~ VANDERBILT BEACH CONCESSION RFP ~7-2654 DATE DUE: April IIt 1~7 ~ 3:00 p.m. No._/f~ lc) I DEC 1 6 1997 Request for Proposal #97-2654 - Vanderbilt Beach Concession" TABLE OF CONTENTS PAGE NIIM~ER No~ice of Public Proposal .... 4 Inscruc~ions to Proposers ....... 5-6 General Conditions ........... 7-10 Scope cf Services ........... 11-12 General Requirements .......... 13-16 Insurance Requirements .......... 17-18 Professional & Qualifying Information (QuesTionnaire) ...... 19-20 Pro.reset Check Lis~ ........... 21 Ccntrac~ Proposal Form .......... 22-23 Ncn-Proposer' s Response ......... 24 DEC 1 6 1997 _ Pg ,,, ,t, iii ............ II - 71 Pa{e 4 Request for Proposal //97-2654 - Vanderbi~t Beach Concession" NOTICE OF PUBLIC PROPOSALS; Pursuant to approval by the Ccunty Manager, Sealed Proposals for a Eeach Concession at the East Naples Community Park will be received un2il 3:00 p.m. on April 11, 1997 at the Purchasing Department, General Services Building, Collier County Government Complex, Naples Ficrida 33962. . , A non-mandatory pre-proposal conference will be held on March 20, 1997 at 10:00 a.m. at the Collier County Parks Administration office, 3300 Santa Barbara Boulevard, Naples, FL 34116. All proposers must complete the enclosed forms requesting pertinent information relating to the operation of a beach concession. The submittals will be used by the County in making its evaluation of the ~rc~csals. All proposals shall ke submitted in accordance with the Instructions to Proposers and the Request for Proposal specifications. Adflticnal copies of specifications will be available from the Purchasing Department in General Services Building, Collier County Government Complex, Naples, Florida 33962. Proposal Security Ail Frcpcsa!s shall include a proposal security which may be in the form cf a cashiers check or other acceptable form of monetary security in the amcun~ cf Two Hundred and Fifty Dollars ($250.00). Performance Bond The successful Proposer shall be required to furnish a performance bond in the amount of Two Thousand Dollars ($2000.00) which shall be recuired prior to the signing of the Agreement and shall be in faithful observance of this Agreement. The Performance Bond shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety cr insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. DEC Pg. / P~ge ~ ~eq~est ~or P~p~al #97-26S4 - Vanderb[[t ~ea¢~ ~NSTRUCT!ON TO PROPOSER Collier County, in a program to provide a beach concession operation to the citizens and visitors of Vanderbilt Beach, is seeking a qualified concessionaire. EVALUATIQ~ OF PROPOSALS - SELECTION FACTORS The general Contract Terms and Conditions set forth criteria which will be used in the receipt of proposals and se!ecticn of the success- ful firm. In addition, the criteria set forth below will be considered. A Selection Committee, appointed by the County Manayer, will independently evaluate each proposal, and selection will be made cn the basis cf the criteria listed below: $~.swe~ All Quest' -= - lo..~ cn RFP: Proposer shall answer al! questions on the "Proposers Qualification Form" as well as provide all information requested cn Page 11 Scope of Services, paragraph titled Concession Operation. A Firm answering all questions and providing detailed information shall receive a maximum of ten (10) points. 2. Oua!ifi~a~ons an~ Exuer%¢nce SD Qp~ra%ino a Concess~Tn Rating shall be based cn information provided cn experience in the operation of a Beach Concession. A firm who has direct experience with this type of service shall receive a higher rating than a vendor who, for instance, has worked in a fccd management operation (maximum cf 25 points). o Overall Comnleteness. Clarity and Quality of Proposal: Ratin9 shall be based on overall completeness and clarity of proposal. A proposal that clearly indicates past experience, similar contracts that are now in effect, proposers proposed method of operation to include sketches of any improvements that may be made and references shall receive a maximum rating of ten (10) points. Percentaaes Offered: Each proposal shall include the percentages offered and the minimum monthly guarantee. The percentages shall be compared to the other proposals. The Concessionaire who offers the highest percentages and minimum monthly guarantee shall receive a maximum of 25 points. A proposer who offers lower percentages shall receive correspondingly less points. Re~oorts: A sample of the vendor's monthly report of activities shall be submitted along with the proposal. Rating shall be based on information contained within report, ease 'of use, and the rating shall be worth a maximum of five (5) points. ~ ,~n~ _lei. / DEC 1 S 1997 Request for Proposal #97-2654 - Vanderbilt Beach Concession" O~erational Conc~Q~$ ~nd Pi~$: The proposal will be evaluated based on proposed operational plan. The operational plan shall be compared to other vendors proposed plans. The plan that is most advantageous to Collier County shall receive a maximum ratin~ of 25 points. Collier County procedure for selection is as follows: 1. Request for Proposals solicited. 2. Receipt of Proposals. The County Manager shall appoint a Selection Committee to pre-qualify all Proposals submitted. The committee members shall score each Proposal in accordance with the rating attached, and may, at their discretion, schedule presentations from the top-ranked firms. The committee members will rank qualified firms and begin negotiations with the top-ranked firm. Should Collier County be unable to negotiate a satisfactory contract considered to be the most qualified at a price the County determines to be fair, competitive and reasonable, negotiations shall be formally ~ terminated and negotiations undertaken with the second most qualified firm. Failin~ accord with the second most qualified firm, the County shall terminate negotiations, and undertake negotiations with the third ranked firm. Upon the successful completion of negotiations, a Contract shall be drawn up for final approval by the Board of County Commissioners who may request a presentation by the top-ranked firm(s). Agend~ I~e~ NO. Pag~ 7 Request for Proposer #97-2654 - Vanderbilt Beach Concession" EN'ER~kL ONDITIONS A/TD INSTRUCT ON PROPOSERS ~QPO$~L SUBMISSIOn: The procedure outlined in the Notice of Public Proposal must be followed. Proposers mus~ submit the proposal together with the required forms and Contract Proposal. Submit the original and five (5) copies of the aforementioned documents to the Purchasing Director, the original signed in blue ink and submitted in a sealed package along with' all copies, on which shall be shown the name of the proposer, proposal opening date, RFP ntunber and title on the outside of the proposal package. The proposer should retain one copy of the proposal. Whether forwarded by mail or personally delivered, the above-mentioned envelope musz be received by the Office of Purchasing Director prior to the daze and time stated in the Advertisement for Proposals. The County assumes no responsibility for proposals received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courie~ mistakes, mishand~i~c inclement weather cr any other reason. Late proccsals will be held, unopened, and will not be considered for award. ' REQUIRED DOCUMENTAUOA/: Failure to execute a Contract, furnish evidence cf a~propriaze insurance coverage, as provided herein, within ten (i0) ~- ~ ~=y- after written notice of award has been given, shall be just cause for the annulment of the award and the forfeiture cf the RFP Security to Collier County, which forfeiture shall be considered, nc~ as a penalty, but as a liquidation of damages sustained. Award may then he made to the next-ranked responsible bidder, all bids may be rejected, or ~ROPOS~L FORM: Each proposer must submit the completed Proposal Form included in this Request for Proposal. ~ING~E ?ROPO$~i: Only one proposal from a legal entity will be considered. If it is found that a proposer is interested in more than one proposal, all proposals in which such a proposer is interested will be rejected. FR/CE PROPQSA[: When required, prices shall be stated in both words and figures in the appropriate places in the Proposal Form. In the event that there is a discrepancy between the price written in words and the price written in figures, the former shall govern. Agenda I~¢~ NO.._~~ EC 1 6 1997 Pg-~ Page Request for Proposal #97-2654 - Vanderbilt Beach Concession~ OUALIFICAHON FORM: Each proposer must complete and sukmit the Proposer Qualification Form included in this Request for Proposal. Evidence that the proposer is fully qualified and competent to complete this project is required. Prospective proposers shall disclose any record of pending lawsuits, criminal violations and/or convictions, etc., and shall not have conflicts of interest under Chapter 112, Section 112-313, Faragraphs 1 through 7 of the Florida Statutes, and agrees that they will fully comply in all respects with the terms of said laws. R¢JECHON OR ACCEPTANCE OF PROPOSALS: The right is reserved by Collier County to waive any irregularities in any proposal, to reject any or all proposals, to re-advertise for proposals, if desired, and upon recommendation and justification by Collier County tc accept the proposal which in the jud_~ment of the County is deemed the most advantageous for the public and the County of Collier. ~my proposal which is incomplete, conditional, obscure cr which contains irregularities cf any kind, may be cause for rejection cf the proposal. In the event of default of the successful proposer, cr his refusal to enter into the Collier County Contract, the County reserves the riqht to accept the proposal of any other proposer cr to re- advertise using the same cr revised documentation, at its sole discretion. pRQTECUON OF RIGHTS OF COUNTY: The County reserves the right to include in any contract document such terms and conditions as he deems necessary for the proper protection cf the rights of Collier County. /NTfRPRETAHON OF PROPOSAL ~OCUMENT$ AND /NVfSUGAUON OF PROJECT: Each proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the locaticn and the character of the services he agrees to perform. If the proposer should be of the opinion that the meanin9 of any part of the Proposal Document is doubtful, obscure or contains errors or omissions, he should report such opinion or opinions to the Purchasing Director, if necessa_~y, to all prospective proposers before proposals are filed with the Board of County Commissioners. The County Manager will not be responsible for oral interpretation given either by himself or members of his staff; the issuance of a written addendum being the only official method whereby such interpretation will be given. WITHDRAWAL OF PROPOSAL: No proposal can be withdrawn after it is filed unless the proposer makes his request in writing to the Purchasing Director prior to the time set for the opening of proposal, or Unless the Purchasing Director fails to accept it within sixty (60) days after the date fixed for opening of proposal. Ag~nd& ]~e_~ ~ "'"!" DEC I 6 1997 / Request [or Proposa{ #97-2654 - Vanderbi{t Beach Concession' PROTEST PRQ~£DURE$: Any actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Purchasinq Director prio~ to the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time cn the advertised date for the opening of the Bid or the acceptance date for the Request for Proposals. Award of contract will be made by the ~oard of County Commissioners in public session. Award recommendations will be posted outside tke offices of the Purchasing Department on Wednesdays and Thursdays. actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest w .... the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is ~csted. Upon filing of said notice, the protesting party will kave five (5) days to file a formal protest and will be given instructicns as to the form and content requirements of the formal protest. A copy cf the "Prc~es~ Policy" is available az the office of the Purchasinc Director. - EXP¢NSES INCURRED IN PREPARING PROPOSAl: The County accepts no res~cnsibi!ity for any expenses incurre~ in the proposal, preparation and ~resentation, such expenses are to be born exclusively by the ~rc~cser. ~OBBYING: Ail firms are hereby placed on ~OTICE that the Board of County Commissioners does not wish to be lobbied. .eitker individually or collectively. . .about a project for which a firm has sukmitted a Proposal. Firms and their agents are not to contact mer~ers cf the County Commission for such purlooses as meeting or introduction, luncheons, dinners, etc. During the process, ~rom Propgsal closing to ~pal Board aDprova~, no firm or'their agent shall ccntac~ any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds fcr disqualification for award of this contract to the firm. ~RMIN~ON: Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per Specifications, the County may terminate this 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.~l DEC I 6 1997 Page 10 Request for Proposal #97-2654 - Vanderbilt Beach Concession" ~RFORMANCEBOND: The bidder aqrees, should he/she be successful in award, to furnish the County within ten (10) consecutive calendar days after written notice of award has been given, a Performance Bond in the amount cf Two Thousand Dollars ($2,000) or any other te_~m of surety executed with a surety insurer bein~ an approved reputable and responsible firm licensed to do business in the State of Florida to quarantee the faithful observance cf this contract in strict accord with the Contract Specifications and other documents. All performance security shall be continued to a minimum of six (6) months past the ccmp!etion cf the project under this contract. Each proposal shall be accompanied by a Two Hundred and Fifty Dollar ($250.) RFP security in the form of a cashiers check· bid bond, irrevccab!e letter of credit, cash or other form of security authorized ky the Purchasing Director. Collier County resez-ves the riqht to reject any and all security tendered to the County. RFP security will be returned within thirty (30) days after Collier Ccunty and the acce~ted proposer have executed a written contract. ~DD/UONAI /NFORMA ~O~: Other than minor procedure! matters ~ae .... ns re~arding this proposal must be addressed to: Mr. Gary Francc, Parks Superintendent Parks and Recreation Department 3300 Santa Barkara Boulevard Naples, Florida 34116 Telephone (941) 353-0404 Request for Proposal//97-2654 - Vanderbilt Beach Concession" SCOPE OF SERVICES IntroductiQq Vanderbilt Beach is located on the western end of Vanderbilt Drive. The beach facility includes 1100 feet of recently res~orated beach area along with site amenities such as showers, handicapped board walk and restroom facilities. The beach is open sunrise to sunset. Pu.~-~ose The County is looking for a Concessionaire to provide the sale or rental of umbrellas, tukes, rafts, floats, cabanas, beach related sundries, and any other services that the Concessionaire wishes to propose. No food or beverage will be allowed at this concession location. The Concessionaire is prohibited from renting sailboats or any type of motorized hca~. There is no building available for operation of a concession at this location; however the concessionaire may construct a chickee hut utilizing standard construction codes set by the County Building Department. The Concessionaire shall not conduct any other business cn County property without specific written authority cf the Board of County Commissioners. Hours cf During the term of this AEreement the concession operation shall be open and properly staffed seven (7) days per week from 9:00 a.m. through 5:00 p.m. All scheduled hours of operation must be approved ky the Director of the Parks and Recreation Department. Zcni~c Reuuircments Parks and Recreation, in conjunction with the County Zoning Department, has determined that the zoning at Vanderbilt Beach doesn't need to be changed to accommodate storage of equipment on the beach and in the parking area. The zoning is considered a compatible accessory use which allows for commercial activity at the beach location (i.e., storage of chairs on beach). ~oncession Operation The proposer shall provide a narrative fully describing his/her proposed operational concept, financial commitments and plans in regard to the operation of the facility. Proposals for operation and any capital improvements shall, at a minimum, include the following: a) Hours of operation; b) c) d) e) f) ?) h) Page 12 Request for Proposal #97-2654 - Vanderbilt Beach Concession" Proposed s~affing levels; Provide a chart ou%lining all se--vices to be provided and the timeframe for each service to be fully c~erational at the concession site; Indicate the amount of capital funding that will be provided by the concessionaire and the source of this funding; Provide a fee schedule for products and se--vices that will be sold to the public; Provide resumes for all persons who will be involved in the kusiness and actual operation of the concession; Provide at least three (3) references (name, address, and te!epkcne number) cn comparable concession operations. Descrike services ~rcvided for this concession operation; Prcvid~ a list of similar contracts that are currently in effect. .o. DEC 1 6 1997 ]:age 1.t Request for Proposal //97-2654 - Vanderbilt Beach Concession" GENERAL REQUIREMENTS ~URPOSE OF AGREEMEN_~: The Agreement shall be for the sole purpose of operatino and managing a concession operation. The Concessionaire shall not conduct any other business on County property without specific written authority of the Board of County Commissioners. SUM PAFAB~E rO ~OUNT~: The Concessionaire shall pay to the County ~ stated pe~entage of gross receipts cr minimum monthly Guarantee. Said rental percentage shall be paid to the County by the 15th of each month for the preceding month, and said payment shall be accompanied by a statement cf gross receipts for the preceding month. It is also understood tha~ the applicabl~ Florida State Sales Use Tax on rental payments shall be added to the Concessionaire,s rental payment and forwarded tc the County as part of said payments. It is the intent of the County that it is to receive the rental amount as net, free and clear cf all costs and charces arisin~ from or relatinc to c=id demised ~re~!se= - ~ ~RO$S RECE/~TS: The term "cross receicts', i- understood to mean all lnCO~ ~ - . - - c~-_es~ed cr accrued, derived by the Concessionaire under the privileges granted by his Agreement cr other document entered into with the County, excludinc amounts cf any Federa~ tax, cr -~=~ ~ -, S~ate or City sales c ..... tax, collected ky the Ccncessicnaire from customers and required ky !aw to be remitted to the taxing authority. ~UDIT/NG 0£ ACCOUNTS: The Concessionaire shall, upon demand, make availakte !ccally, kooks of account and financial statements tc authorized representatives cf the Office cf Interne! Audit cf Collier County. ;~NSES ~ND T~XE~: The Concessionaire shall be recfuired to obtain and pay for all necessary licenses for this operation. He shall be solely responsible for payment of any and ali taxes levied on his cperaticn. ~MPZOYEE 0UAL/~iCA ~0~: The Concessionaire shall employ people to work a~ this facility who are literate, neat, clean, well-groomed and courteous and wear a uniform of the company. Agenda, .t~¢~ NO · ~_~J~./ Page 14 Request for Proposal #97-2654 - Vanderbilt Beach Concession~ GeneralRcqub¢mcnt$ (Cgnt~ue~ TERM OF AGREEMENT: The term of the Agreement between the County and the successful proposer shall ke for a period of three (3) years from the date cf approval by Collier County's Board of County Commissioners and shall be renewable upon satisfactory performance by the Concessionaire for a period of two (2) years under the same terms and conditions, subject to approval of the Board of County Commissioners. The County shall give the Concessionaire written notice cf its intention to extend the Agreement no less than 'ninety (90) days prior to the end cf the existing Agreement. The Concessionaire must notify the County of his/her intent to accept the Agreement extension not less than sixty (60) days prior to the end of the existing A~reement. CASH REGISTERS: The Concessionaire must use point-of-sale electronic cash machines or other electronic accounting control equipment for the proper ccntro! cf cash pay~.ents. Cash register tapes must be maintained and made available upon demand during the entire term of the Agreement with Collier County. All electronic cash e~uipment and accountlnc procedures must be approved by the Collier County Finance Department. All sales must be accompanied by a receipt to the custcmer. . PPERA~ONAL CONCEPTS: The successful Concessionaire mus: obtain written aucroval from the ' -. Dlr_.to. of Parks and Recreation cr his authcri =a z__ representative for any and all changes in ccera%icnal concepts as set forth in his Proposal .MAINTENANCE AND REPAIRS: The Concessionaire shall, to the ==tisfacticn of the Director of Parks and Recreation cr his authorized representative provide norms! and routine daily, monthly, yearly maintenance of the facilities, designed to keep the premises and e~uipment in a good state cf repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety cf visitors and patrons. ' .$_~.~ R~: The Concessionaire shall provide any security measures which may be required to protect his/her area and his/her e~uiDment materials and facilities. - - , .TRAS~ RUBB/SHAND GAR~AGEREMQVAI: The County will provide all garbage, trash and rubbish receptacles within the confines of his area. The Concessionaire shall be responsible for the pickup and removal of all rubbish, trash and garbage including removal of trash from the concession area to the dumpster. The Concessionaire aorees to perform daily removal of litter in the immediate exterior ar~a within fifty (50) feet of the beach concession. ~S$/GNMENT OF CONCESSION AGREEMENt: The Concessionaire shall not, at any time durin~ the tenure of the Agreement, sublet any part of O this Agreement or assign any portion or part of it, except.~y ~~]t¢% '" of written permission granted by the Board of County Commissm[ner~..~/ I _DEC I b 1997 ,--2?__ Pagc I5 Request for Proposal //97-2654 - Vanderbilt Beach Concession" GeneralRequ~e~ents (ContMue~ ~O~-D/SCR/MINA~ON: There shall be no discrimination as to race, sex, color, creed, age or national origin in the operations referred to ky this Management Operations A~reement; and further, there shall he no discrimination .re~arding any use, service, maintenance, or operation of the premlses. All facilities located cn the premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and re__~ulations to provide for safety, orderly operation and security of the facilities. ~QU/PMENT: The Concessionaire must provide and maintain, at his own expense, all equipment required to operate the Beach concession. The Concessionaire shall have the right to use County equipment, furnishings and fixtures that may be presently used in conjunction with the operations, h_ny equipment that is lost, s~clen or damaqed shall be replaced cr repaired at the expense of the Concessionaire; ordinary wear and tear is expected. Upon the ex~-iration of the Agreement, the Concessionaire shall quietly and peace~u!ly, redeliver said inventory to the County. PO~: A monthly report of activities submitted to the Parks and recreation Department ky the 15th of each month. This repor~ can be in the form developed ky the Concessionaire and approved by the Director cf ~arks and Recreation cr his authorized representative. The report, as a minimum, shall include hours of operation, daily attendance ficures, and weather conditions, etc. This report shall accompany the monthly statement of qrcss revenues and will ke subject to audit. ~PPEARANCE OF PREM/SE____S: The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping on and around the beach concession including the daily cleaning of the restroom facility. Concessionaire shall make available all areas under his control for examination at any time by the County Manager or his authorized representative. ~ The County will furnish to the vendor all materials necessary to clean and supply restrcoms. The concessionaire shall clean restrooms (sweeping, mopping, cleaning of sink, toilet bowls, urinals, restocking, and emptying trash containers) two times daily; one time prior to 8:00 a.m. and second time mid-afternoon. ~UBL/¢US£ OF F4C~IT/E$: The attention of prospective proposers is directed to the fact that the Concessionaire shall be responsible to the Director of Parks and Recreation Department for the satisfactory and courteous operation of his concession. Nothing in this Agreement shall preclude the County from using the public areas for public and/or civic purposes as deemed necessary. DEC 1 5 1997 Page 16 Request for Proposal #97-2654 - Vanderbilt Beach Concession" General Recruir~ments (Continued) ~.~NAGERIAL SERVICES: The Concessionaire shall have an exT..erienced manager or managers overseeing the facility. Conduct of the employees of the Concessionaire shall be subject to reasonable regulation by the Director of Parks and Recreation Department. ADVfR~SING AND SIGNS: The Concessionaire shall provide, at his sole expense, required signs at all public approaches to the facility. All signage, advertising and posting shall be approved by the Director of Parks and Recreation or his authorized representative. " CLOSURE OF FAC/L/WES-LOSS OF 60U~MENT: If closure cf the facilities or loss of equipment to some but not all of the facilities or e.=uipment due to fire damage, flood, hurricane, civil disorder, strikes, act cf God, etc., the County will allow prc-ra~a adjustment of monthly payments ups to the time the damace is repaired or other circumstances return to normal. - ~EGINN/NG OF OPERA NON: The successful proposer shall be open for kusiness to the public no later than thirty (30) days after the approval of the Contract ky the Board of County Commissioners. / / Parc 17 Request fo~ Proposal #97°2654 - Vanderhilt Beac~ Concession~ Collier County Florida Insurance Requirements INSUP. ANCE TYPE REQUIRED LIMITS X 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. __~ 2. Commercial General Liability (Occurrence Form) patterned after the 1985 I.S.O form with no limiting $ ~00,000 Single Limit endorsements. Per Occurrence 3. Indemnification: The Contractor/Vendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accep[ed through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys, fees and all costs of litigation and jud_~ents of any name and description arising out of or incidental to the perfc_~ance cf this contract or work performed thereunder. This provision shall also pertain to any claims brought agains~ the County by any employee of the named Contractor/Vendor, any Subcontractor, cr anyone directly or ~..a~r.~.ly employed by any of them. The Contractor/Vendor,s obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Ccntractor/Vendor,s limit of, or lack of, sufficient insurance protection. The first Ten dollars ($I0.00) 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. ~ 4. Automobile Liability Owned/Non-owned/Hired Automobile Included Bodi!v In4uw & ProDert~ -m~ Each Occurrence ~ 5. Other Insurance as indicated below: a) Professional Liability $ D I 1 97 ,50 Request for Proposal #97-2654 - Vanderbilt Beach Concession" COLLIER COUNTY FLORIDA INSUR3%NCE REQUIREMiNTS (Continued) P:£: 18 6. Contractor shall insure that all subcontractors comply with the same insurance req3uirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. -' Collier County must ke named as .ADDITIONAL INSURED" cn the Insurance Certificate for Commercial General Liability. X E. Cc!liar County Roard cf County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County 2oard of County Commissioners Naples, Florida Nc County Division, Department, or individual name should acuear on the Certificate. ~ other format will ~_~ ~cce~abl¢. Thirty (30) Days Cancellation Noti=e re.=uired. 10. The Certificate must s=ate the Rid Number and Title. E iDDERS A~%-D INSURANCE AGENT .TA._~vfEN ~: We understand the insurance requirements of these specifications and that the evidence of insurability may be re,ired within five (5) days of the award of bid. ' - 7~' ~i~nature of Bidder's Agent Request for Proposal #97-2654 - Vanderbilt Beach Concession" Page 19 PROPOSER QUALIFICATION FORM Address: S%~' -7~1 =~.~ S~ ZIP City: Telephone: -( ~ ) TYPE OF CONC!SSION EXPERI~CE - (food management- operation, Concession e~erien~e, etc.}: ~.~ ~-, v c ~~~,3~- .... .. r~. ~',~ ~.~ c~,~ ~ " ~E OF FI~M: I ~ Co~cr~ticn/Yesrs in Business: _ -- - _ psr%narship/Years in Business: - Sole proprietorship/Years in BuSinesS: ~FF~CERS/P~R~RS OR O~RS & EXp~IENCE: Years of E~erience Title Sn work ~iste~ R-. _PENCES: Rank(s) Mainzaining Account(s): Sure-_y/Unde_-writer-----7-: (if required) (,,~f~W..e I... ...... ~ Suppliers: 'r<, -..%<,~? Other References: Request for Proposal #97-2654 - Vanderbilt Beach Concession" THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your bid proposal PROPOSER CHECKLIST Eidde.- should check off each of the following items as the necessary action is completed: 1. The Proposal has been signed, 2. The Proposal prices offered have been reviewed. 3 The price e~ensions and totals have been checked. 4. The payment terms have keen indicated. 5. Any required drawings, descSp~Jve literature, e::. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashie,m check has been included. 8. Any addendum have been signed And included. .c. The mailing enve!ope has been adcressed to: Purchasing D~rec:or Board of Coun~ Commiss:,cne.m General Services Eldg. Collier Count'/Government Cer,:er 3301 Tamiami T~il E. Naples, Flon'da 33.c52 10. The mailing enve!ope must be sealed and marked with: Proposal number Proposal title Opening date 11. The proposal shall be mailed or de!ivered in t~me t~ be r~ceived no later than the specified oDeninq .d, ate and ~ime. (Otherwise proposal cannot be considered). ,ALL COURIER DELIVERED IBIDS/RFPS MUST HAVE THE BID/RFp NUMBER AND TITL~ ON THE OUTSIDE OF THE COURIER PACKET. ny Nam ,.~n~ure & T'rtle Date DEC 1 6 I S'7 - ~ ....... mmmmm ........ ~ .... F ......................... mm .......................... i i Page 22 Request for Proposal #97-2654 - Vanderbilt Beach Concession' CON--CT PROPOSAL BOARD OF COUNTY COMMISSIONERS Collier County Courthouse Naples, Florida 33962 RE: Request for Proposals #97-2654 - "Vanderbiit Beach Concession" Dear Commissioners: The undemigned, as proposer, hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the services of a concessionaire to provide a Beach Concession. The proposer further declares that the only persons, company or padies interested in this Proposal or the Contract t° be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, with out collusion or fraud. The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. Percentages: An amount equal to the indicated percentage of ali gross receipts (except sales tax), or the minimum monthly guarantee in a dollar amount whichever is greater, derived from the operation of said concessions payable monthly as follows: $ / ~ % or Minimum Monthly Guarantee Addenda Received # # Proposal continued on next page... p:$*. 23 Request for Proposal #97-2654 - Vanderbilt Beach Concession" It is understood by the proposer that the County reserves the right to reject any or all proposals, to waive formalities, technicalities and irregularities, and to re-advertise. The proposer further understands that the County retains the right to withdraw all or any portion of County property thereto from terms and conditions of the Concession Agreement upon giving the concessionaire ninety (90) days written notice. Proposer's Firm or Legal Name ~artnership, sole Proprietorsh]'p, (Circle one) Phone No. ~H/' 5qH- %72") Address ~'~'O ~,2.-,cl c~,,~ k3. City and State Zip_/k'tcC2\ c ~ FL. Request for Proposal #97-2654 - VanderbUt Beach Concession" Parc 24 NON-PROPOSER'S RESPONSE For purposes of facilitating your firm's response to our RFP invitation, we are interested in ascertaining reasons for prospective proposer',,s failure to respond to RFP invitations. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate items(s) listed below and return this form to Mrs. Gwen Butler, Senior Buyer, Collier County Furchasing Department, County Government Cehter, Building "W",.. Naples. Flodda 33962. We are not responding to this RFP invitation for the following reason(s): Services or materials requested not manufactured by us or not available to our company; Our services or materials do not meet specifications; Circ!e one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, or Insufficient time allowed for preparation of RFP; Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone FAX By: Signature of Representative EXECUTIVE SUMMARY APPROVAL TO AWARD BID #97-275'1, WATERPROOFING ADMINISTRATION BUILDING "F" TO ROMAN WATERPROOFING & RESTORATION SYSTEMS INC. ~: That the Board award Bid # 97-2751 to Roman Waterproofing & Restoration Systems Inc. for the waterproofing of the Administration Building 'F'. ~0N$1DERATIONS: The Administration Building's windows and expansion joints leak profusely in the rain causing a great deal of damage to the interior of the building. The dampness is also affecting the air quality in the building. On November 19, 1997 five (5) bids were received for waterproofing the building (see attached bid tabulation sheet). Roman Waterproofing & Restoration Systems Inc. was the Iow bidder at $49,711.00 and met all required specifications. ?~I$CAL IMPACT: This project was anticipated and budgeted in the amount of $60,000 in the County-wide Facilities Capital Fund (301-120435-80525) for FY 97-98. The cost is anticipated to be $49,711.00. GROWTH MANAGEMENT IMPAC~T: None. RECOMMENDATION.S.: To award Bid # 97-2751 to Roman Waterproofing & Restoration to waterproof the Administration Building and authorize the Chairman to sign an agreement with Roman Waterproofing & Restoration Inc. in the amount of $49,711.00 after renew and approval by the County Attorney's Office. ja.c~'k ~;rognale~' Cd~struction Manager DATE: ~ephen Y. Ca~ell, Director Purchasing Department Leo E. Ochs, Jr., Ad~din~_trato. Administrative Service~ Divisicn DATE: I~11~. ~' ~'"- ' DEC I 6 1991] TABULATION FOR. BID #97-2751 POSTING DATE: Oc{ober 23,1997 "Waterproo~ng Adminis~m~on Buildin~ "lr.`` INVITATIONS SENT TO: 41 Vendors OPENING DATE: November 19, 1997 r-r i ....................... ......................................... i~: t~C. I,~c. Wa~rproofing of Administration . Buildin.c "F' · - Prompt Payment Temps: Addenda Ac -knowled.~ed: Net 30 ... days Net 30 _ days Net__].9__ days Net ..~ days John W. ~trchner, purchasing Technician "No Bids" received from: /~.WARD PROCEDL'R.E: Copies of all Proposals aad Tabulations for this bid have been fo~-atded m the initiating department. A.f~r all proposals arc evaluated, thc recommendation of award will be pos'ted (w. pically on Wednesday or Thursday) outside the offices of thc Purchasin~ Dc. par~nem, prior ~o thc presentation of :~-atd to ~he Boa, rd of County Commissionc~. Parties inter.'ted in thc status oft, he award process may contact td~c Purchasing Depar~nent ~t 941F774-8425 to verify the official status of each conu'act,. Subsequent to av."arrL thc aw'ardce will bc no6fied by release of a purchasc order or receipt of a conu'act for signature. DEC 1 .,6 1996 · TABULATION FOR BID #97-275 1 "W~e."prooflng Admin{s~r~ton Building I~PvTTA. TIONS SENT TO: 41 Vendors POSTING DATE: October 23,1997 OPENING DATE: November 19, 1997 I I ~:r~AO I I I I ·. VENDOR NAME ... I~c',~-c'a~PP..C-~FI I I I I I I I Wa~e,Troofing of Adm[n[str'ation Buildiag "F" ~.- Torq Fixed Price $q4-7ll, s -' Prompt Payment Terms: Addenda Acknowledged: l.q-% I%'- days Net 30 days ~S NO $ $ % days % days Net ~0 days Net. ~0 days YES NO %'ES NO ,, ii days Net 30 da}'s YES NO VVITNESS: John W~ Kkctmer, Purchasing Technician "No Bids" re:eK'ed from: ~tWARD PROCEDURE: Copies of all ProKoszls and Tabulations for ~',is bid have been forwznied to Lhe izdtiating de;zrh-'nenL ~ ~1 pmpo~s ~c evaluated, ~c ~co~cndation of awed will be po~ed (~'pic~ly on Wednesday or ~da)') ouuide ~e o~c~ of~e ~uini De?~::t prior to ~c presentation oF awed m ~e Bo~d of Count' Com~issionc~. P~i~ anted ~ ~e ~ of~e awed proc~ may con~ ~: Pu~h~ing Deponent az 941~74-8425 to veH~ ~e c~ci~ ~s of ~ch con~c~ Subsequcm m mw~ ~c a~e: ~ill be nofffied by ~e ora pumh~e order or ~ce~p~ ora con~ for silna~c. DEC 1 6 1996 EXECUTIVE SUMMARY REALLOCATION OF FUNDS FOR TOURIST DEVELOPMENT ECONOMIC DISASTER PROGRAM OBJECTIVE: To appropriate additional funds in the Economic Disaster fund and reduce funding from Special Events fund for the Economic Disaster Program. CONSIDERATIONS: At the July 29, 1997 meeting the Board of County Commissioners reserved $1,047,358 for the Economic Disaster Program. Of the $1,047,358, $806,358 was allocated in fund 193 (Special Events) and $241,000 ia Fund 196 (Economic Disaster). Additional funds from interest earnings and tourist taxes in FY 97 and anticipated tourist tax revenues for this fiscal year have increased resources available by $75,300 in the Economic Disaster fund as such, there is $316,300 is now available in the Economic Disaster fund and the amount needed from the Special Events funds may be reduced by $75,300 to $731,058. FISCAL I1V[PACT: The total amount for the Economic Disaster Program is $1,047,358. Sufficient funds are available in reserves (919010) in Fund 193, Special Events, TDC ($731,058) and Fund 196, Economic Disaster, TDC ($316,000). A budget amendment is needed to transfer funds from reserves to cost center 101541 in each fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Appropriate additional funds in the Economic Disaster fund and reduce funding from Special Events fund for the Economic Disaster Program. : "'~ Jean ~-ansel, Budget Analyst / ., Michael Smykowski, OMB Director AGEndA ITI~M OEC 18 lg,97 ..... = ~ ...... 1 --111 I Ir COUNTY COMMISSIONERS MISCELLANEOUS COK~ES?ONDENCE DECEMBER, 16, 1997 FOR BOARD AC?ION: 1. ]~ISCELLANEOUS ITEMS 'lO_FILE FOR RECORD WITH ACTION AS DIRECTED: o pistricts: A. Collier Soil and Water Conservation District - minutm ~ agenda of th~ Octob~ 7, 1997 meeting. B. Heritage Greens Community Development District - minutes of April 3, 4, I0, 21, June 9, 18, 23, August 18 and 19, 1997. C. Port of the Islands Community Improvement District - minutes of August 21 and O:tober 16, 1997 meeting. A. Affordable Housing Commission - minutes of December 12, 1996, January 27, March 17, May 19, 1997, Referred to BCC. B. Emergency Medical Services Advisory Council - agenda for November 24, 1997. Referred to BCC. C. Code Enforcement Board - South - minutes of September 12, and October 10, 1997. Referred to BCC. D. Landfill and Materials Recovery Facility Citizens Advisory Committee - minutes of October 22, 1997 meeting. Referred to BCC. E. Lely Golf Estates Beautification Advisory Commiv.~ - agenda of November 14, 1997 and minutes of October 10, 1997 meeting, l~ferred to BCC. F. Parks & Recreation Advisory Board - agenda of November 19, 1997 and minut~ of October 22, 1997. Refm't,sd to BCC. G. Pelican Bay MSTBU Advisory Committee - aggllt]a of Nove~nber 12, 1997 and minutes of October I and 31, 1997. Referr~ to BCC. H. Planning Commission - agenda of November 20, 1997 and minutes of October 16, 1997 meeting. Referred to BCC. ' AGEI~IpA ~TEM No. I(o- . DEC 16 1997 ~t. her Productivity Committee - minutes of October 15, 1997 mtcting. Rcfcr~d to BCC. Technical Advisory Committee & Citizerm Advisory Comzrdttee - agenda of November 19, 1997 and minutes of October 22, 1997 meeting. Referred to BCC. The Area Agency on Aging for Southwest Florida, Inc. - Collier County Services for Sen/om for Home Care for the Elderly (HCE) - quarterly monitoring visit report. Referred to BCC. Letter from Ouy Carlton referencing distribution recap of Current Ad Valorem Tax and Non-Ad Valorem Asse~ent showing year to date totals of taxe~ collect of discount for 1993, 1994, 1995, 1996 and 1997. Referred to BCC. DEC 16 1997 Pg. f,~ x:T c'Tr'z"rv RECO~HENDATION TO APPROVE THE USE OF CONFISCATED TRUST FUNDS FOR A LAW ENFORCEKENT PRO~RAM ARD APPROV~ THE FUND 602 BUDGET AHEND~. ~ To seek appropriation of $3,000.00 from the Confiscated Trust Fund to support a law enforcement program and approve the Fund 602 budget amendment. CONSIDERATI~S~ The Sheriff's Office by virtue of Section 932.7055 (4) (c) (1), is seeking Board authorization for the appropriation of funds to support a "Do The Right Thing" program in Collier County. The Sheriff's Office is establishing the "Do The Right Thing" program to show appreciation to students in Kindergarten through High School who have done something for the betterment of the cou,~,unity. The Sheriff's Office will accept nominations for the awards from County residents. Ten students will be recognized at monthly award ceremonies. The Sheriff's Office will supplement local sponsor donations with $3,000 towards the $6,300 startup costs in order to launch this program. FISCAL IMPACT: Funds are available in contingency reserves (602- 919010). A budget amendment is needed to transfer funds from reserves to operating expenses {602-611010-652990). GROWTH IMPACT~ No recurring costs for subsequent years. RECOMMENDATION~ That the Board of County Commissioners approve the budget amendment for the use of funds to support a law enforcement program and approve zhe Fund 602 budget amendment. CERTIFICATION OF CONFISCATED TRUST FUND REQUEST This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4) (a) Florida Statutes to support a law enforcement program and approve the Fund 602 budget amendment. PR~P~ BY~ APP£OVF~ BY: Captain Paul C~dy Youth and Preq~Wntion Services Don ~u~~Sh~.~ r i f f DATE December 3. 1997