Agenda 11/18/1997 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
November 18, 1997
9:00 A.M.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR
TO SPEAKING.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON TFIIS AGENDA MUST
BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT
LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER ~PUBLIC
PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD
OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTI~IONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LI~IITED TO FIVE (5) MINUTES UNLESS
PER~IlSSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCIIEDULED FOR 12:00 NOON TO 1:00 P.M.
2.
3.
4.
INVOCATION - Father William Kehayes - St. Katherine's Greek Orthodox Church
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA AND CONSENT AGENDA
APPROVAL OF MINUTES
A. October 21, 1997 - Regular meeting.
PROCLAMATIONS AND SERVICE AWARDS
PROCLAMATIONS
1) Proclamation recognizing Mrs. Christina Long for her outstanding community
sen'ice for the donation of 27 Queen Palm trees. To be accepted by Mrs. Long.
2) Proclamation recognizing Pelican Bay Community Park by the United States
Tennis Association as an outstanding Tennis Facility. To be accepted by Maria
Ramsey, Director of Parks & Recreation.
3) Proclamation recognizing the men and women of thc North County Water
Treatment Facility Laboratory and Maintenance sections. To be accepted by Mike
Newman, Director of Water Dept.
B. SERVICE AWARDS
1) Greta Eckerle - Library - 10 years
2) Kenneth Hall - Traffic Operations - 10 years
3) Miguel llcrrcra - Stormwater Management - 10 years
4) Maura Kraus - Natural Resources- 10 years
$) Judy Miller - Department of Revenue - I0 years
6) Earlene Weber - County Attorney's Office - 10 years
7) lteidi Ashton - Count)' Attorney's Office - 5 )'ears
8) Rarnon Magsumbol - OCPM - 5 years
C. PRESENTATIONS
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CIIANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
A. ,Michael J. Volpe representing Lei)' Community Development District regarding the unit of
special puqmse local government- special election.
CO UNTY A13 M INISTRATO R'S REPORT
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) A Resolution by the Board of County Commissioners of intent to participate in
Florida's expedited permitting review process for significant economic development
projects.
B. PUBLIC WORKS
1) This item bas been deleted.
2) Approve a recommended lighting option for the U.S. 41 widening project between
Airport-Pulling Road and Davis Boulevard, a Florida Department of Transportation
Project, that is currently under construction.
10.
I1.
C. PUBLIC SERVICES
D. SUPPORT SERVICES
COUNTY ADMINISTRATOR
F. AIRPORT AUTHORITY
COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board consider and approve settlement of Stringer v. Board of
County Commissioners Case No. 97.i'/8-CIV-FTM-23D, pending in the United States
District Court for the bliddle District of Florida. (Continued from the 111419'/meetln~).
BOARD OF COUNTY COMMISSIONERS
A. Discussion regarding Ethics Committee.
B. Recommendation to declare a vacancy on the Environmental Policy Technical Advisory
Board.
OTItER CONSTITUTIONAL OFFICERS
PUBLIC CGMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF
12.
ADVERTISED PUBLIC ItEARINGS - BCC
A. COMPREtlENSI'VE PLAN AMEND,MENTS
Bo
ZONING AMENDMENTS
1) Petition PUD-92-6(I), Bruce Tyson of Wilson, blillcr, Barton & Peek, Inc.,
representing Pelican Lake Limited Partnership for the purpose of
amcndlng Southwoods PUD by changing the name to Pcllcan Lake; by
changing reference to owners; by increasing the maximum area of
allowable utility/storage facility, and by decreasing the boundar'y setback
requirement for property located on the east side or S.R. 951 in Sec. 15,
TS1S, R26E, containing 101.34+ acres.
2) Petition PUD-82-29(3) Robert L Duane of Hole, Montes & Associates
representing C. C. Naples, Inc., a Delaware Corporation, and John N.
Brugger, Trustee, for a rezone from "PUD" to "PUD", Planned Unlt
Development known as The Retreat having the effect of amending The
Retreat PUD for the purpose of allowing a continuing care retirement
community inclusive of specialized health care living units on Tract "B"
and making other changes to the amended PUD while consolidating all
I3.
14.
15.
previous amendments into a new PUD document. The total authorized
dwelling units remain the same at 740 dwelling units. The Retreat PUD
(afk/a Bentley Village) is located on the west side of North Tamiami Trial
(U.S. 41) and extends west to Vanderbiit Drive approximately sA mile north
of Wiggins Pass Road in Sec. 9,.T485, R25E, consisting of 208 acres.
OTtlER
I) Petition SNR-9?-I, Rich ltenderlong of Kensington Golf & Country Club
representing Anion Stciner of Kensington Park PUD, requesting a street
name change from High Street to Kensington ltigh Street located in
Kensington Park, Phase One, Phase Two, Phase Three A, and Phase Three
B of the Kcnsinglon Park PUD in Sec. 13, T495, R25E. (Continued to the
meeting of 12/2/97)
2) A Resolution amending Condition Number One of Resolution 97-03 for a
property known as Arbor Lake Club PUD to correct a scrivener's error in
the total number of dwelling units approved for the said PUD.
3) An Ordinance amending Ordinance Number 9'/-38 to correct a scrlvener's
error in the legal description for property located in Sec. 8, T505, R29E,
and by providing an effective date.
BOARD OF ZONING APPEALS
ADVERTISED PUBLIC ItEARINGS
1)
Petition NUA-97-3, Mr. Edward Terry requesting a non-conforming use
alteration in order to allow the I~ropcrty owner to replace an existing non-
conforming mobile home unit with a double wide mobile home for property
located at 609 Booker Boulevard (Parcel :29) in Sec. 9, T47S, R.29E.
OTIIER
1)
Pctition CU-96-12, Don Appcrson requesting an extension of Conditional
Use "1~ in thc E" Estates Zoning District to allow for a house of worship
that has i)rc~iously received Conditional Use approval for property located
on thc south side of Golden Gate Boulevard in Sec. 1 I, T.19S, R26E.
STAFF'S COMMUNICATIONS
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
16.
CONSENT AGENDA - All matters listed under this item are considered to be routine and
action ss ill be taken by one motion ss'ithout separate discussion ol' 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.
Ao
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
I) Request to grant final acceptance of thc roadway, drainage, water and
scss'cr improvements for thc final plat of "Village Walk, Phase Three".
4
2)
Request to approve for recording the final plat of Kensington Gardens and
approve Petition AV-97-023, the vacation of a portion of the recorded plat
of Kensington Park Phase One.
PUBLIC WORKS
1) This item has been deleted.
2) Approve a purchase of grapple truck for collection of waste tires and other
debris with Tire Grant Funds, using State Contract 070-700-23--0.
3) Receive Board approval to award contract for median and selected public area
grounds maintenance for the lmmokalee Beautification Bid No. 97-2719.
4)
Approve Collier County consent to use agreement with Florida Power and
Light Company for electrical power ~n'ice to ten new water wells for the
NRWTP 8-MGD Expansion Project No. 70859/70828.
5) Approve Amendment No. 3 to George Bother, ASLA Agreement for the Davi,~
Bh'd. Landscape Beautification Project 60013.
6) Approve Amendment No.I to the State Revoh'ing Fund Loan and all necessary
Budget Amendments.
C. PUBLIC SERVICES
I)
Formal approval of Collier County Public Library's participation in
South~vest Florida Library' Network (SWFLN and permission to sign the
Institutional Membership Agreement.
2)
Approval or budget amendment recognizing funds received from an
insurance claim.
3)
Approval of a first amendment to lease agreement beP, veen Collier County
and State of Florida Department of Health and between Collier County
and Collier Health Sen'ices, Inc.
4) Amend Chapter 89-449 to authorize activities such as bonfires.
D. SUPPORT SERVICES
1)
Award Bid #97-2729 for the provision of medications for the Deparlment of
Emergency Medical Sen'ices
2)
Approval of Certificate of Public Convenience and Necessity for the Collier
County Emergency Medical Sen'ices Department
3)
Approval of a Lease Agreement between Collier County and North Naples
Fire Control and Rescue District
go
4)
Termination of Agreement with First Health, Inc. for third party group
health claims administration ~erviccs and approval of an award to Florida
First, Inc. to provide such services.
5) This item has been deleted.
6)
7)
This item has bccn deleted.
Approval to amend the County Purchasing Policy
COUNTY ADblINISTRATOR
1) Budget Amcndmcnt Report.
2) Approve a County-wide facilltics Capital Fund (301) budget amendment.
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
1)
Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign
Satisfaction of Lien for Serxices of the Public Defender for Case Nos.: 95-
2925-MMA, 95-5032-MMA, 95-5683-,MMA, 92-0688-CFA, 95-52.13-MMA,
95-'/014-blMA, 974376-MMA, 97-1464-MMA, 96-10334-MMA, 96-10336-
MbIA, 97-0292-blMA, 97-1627-blMA, 97-724 I-MMA, 97.3242-MSIA, 97-
5985. MMA, 97-3680-MMA, 97-5888-MMA, 974163-blMA, 97-6246-
blblA, 97-7009-MMA, 97-5744-MFIA, 97-5248-MMA, 97-6995.MMA, 97-
1945-MMA, 97-5222-M,MA, 97-6289-MMA, 96-6357-MMA, 96-5442-
MMA, 97-6586-MMA, 96-10204-MMA, 97-0658-CFA, 91-058 I-MI, 95--
3259-MMA, 95-7015-.MMA, 95-3517-MMA, 95-1887-CFA, 96-5918-M~IA,
97-5658-,MMA, 97-0034-MMA, 97-5189-MMA, 96-2205-MMA, 97-2105-
bi MA, 974772-MMA, 95-2603-MblA, 95.-1186-MMA.
2)
I).IISCELLAN,E. OUS ITEMS TO FILE FOR RECORD WITH ACTION
AS DIRECTED
OTHER
~)
2)
3)
4)
CONSTITUTIONAL OFFICERS
Board acceptance of the local law enforcement block grants program
award from the U. S. Department of Justice.
Board approval of thc use of Confiscated Trust Funds for a drug abuse
education and prevention program and approve the Fund 602 budget
amendment.
Board approval of a budget amendment for the use of Confiscated Trust
Funds for the SheriWs Office to purchase specialized equipment (SWAT
s an and related equipment.)
Approve a budget amendment for the use of Confiscated Trust Funds for
the SherifF's Office to purchase specialized equipment (Global Positioning
System).
5)
6)
Approve the use of Confiscated Trust Funds to provide matching funds for
a Federal Grant.
O)
Approve a budget amendment recognizing Florida Department of
Transportation Grant Award #J7-98-06-06-01 in the amount of 5133,550.
L COUNTY ATTORNEY
J. AIRPORT AUTHORITY
(2)
(3)
(4)
Recommendation to approve the attached budget amendment which increases the expense
and revenue budget for the obstruction removal project at the Immokalee Regional Airport
and reduces reset'es for contingency for the additional funds needed to properly match the
Florida Department of Transportafion's grant.
Recommendation to approve the attached budget amendment which will create a budget for
the contaminated soil removal project at the Marco Island Executive Airport.
Recommendation to approve the attached budget amendment which will create a budget
for the scrub jay implementation project at the Immokalee Regional Airport.
Recommendation to approve the attached budget amendment which will create a budget for
the obstruction removal project at the Everglades Airpark.
17. ADJOURN
INQUIRIES CONCERNING CflANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO
TIlE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
AGENDA CIIANGES
BOA RD OF COUNTY COMM!.¥.~;IONERS° MEETING
NOVEMIIER l,q, 1997.
ADD:
ADD:
ITEM 9(B) - Certificate of Collier County Canvassing Board for the November 6,
1997 Initial Election of City Council Members submitted for entry in the record of
the 11-18-97 public Board meeting. (County Attorney's request).
ITEM 9(C ) -Board consideration of settlement offer proffered by Florida Wildlife
Federation and Collier County Audubon Society in litigation entitled:
Florida Wildlife Federation attd Collier County Audubon Society v. Collier
County and James R. Colosimo. Trustee, Ultimate Land Trust, Circuit Court Case
No. 97-2954-CA-01 and Florida Wildlife Federation and Collier County
Audubon Society v. Collier Cottttly and James R. Colosimo. Trustee, Ultimate
Land Trust, Circuit Court Case No. 97-3600-CA-01. (County Attorney's request).
P_fl 0 CLA MA TION~
WHEREAS,
on September 1.5, 1997, the Collier Cotmty Board of County Commissioners
accepted an offer from Mrs. Long for the donation of twenty-seven (27) Queen
IVHEREAS,
IVItEREAS,
Palm trees; and
said donation was utilized for landscape enhancements at the East Naples
Community Park Skate Board Facility (The Sanctuary): and
residents and visitors are encouraged to visit The Sanctuary and to participate
in the recreational programming offered at the facility.
NO IV THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
Count,, Florida, that Mrs. Long be .~e.cognized for her outstanding community
DONE AND ORDERED Tills ISth Day of November, 1997.
NOV 1 8 1997
PR OCLA MA TION.
WHEREAS, on November 3. I994, the Collier County Board of County Commissioners
opened Pelican Bay Community Park to offer recreational facilities and
programs for residents and visitors to Collier County; and
WHEREAS, the park is l S acres in size and has eight (8) lighted clay tennis courts, pro shop
and restroom facilities; and
WHEREAS, in September, 1997, Pelican Bay Community Park was awarded an outstanding
tennis facility designation from the United States Tennis Association; and
WHEREAS, this award was given to only two (2)facilities in the United States. This award
was for a small facility category and is based on the quality of layout, type of
courts, land~cape and progra'ms'run a't the facility; and
WHEREAS, residents and Visitors to Collier County are encouraged to visit Pelican Bay
"'
. · ..;, .. ~"...~. ~,.
Communi~ Park and to participate in the reci'eatto~d programming offered a
· ' .- · '. ' ",'
Coup, Florida. that Pe~iean B~ ~om~unl¢ Park ~.r,eS.~]zed by the Bo=d
.....
of C b36 Co iO )s Slates Te~ }3~iation as an
DONE ~D
COLLIER COU~ FLO~DA
PROCLAMATION
Collier County operates water treatment facilities to disinfect and
chemically condition the County's public water supply in order to
protect the public health and prevent damage to both public and private
property; and
WHEREAS,
the Florida Department of Environmental Protection is the agency
responsible for administering the State of Florida's drinking water
program to ensure compliance with State and Federal safe drinking
water regulations; and
the Regional Office of the Florida Department of Environmental
Protection, in order to identify and recognize excellence in the area of
water treatment operations and maintenance, holds an annual
comprehensive competition within its six county district; and
WHEREAS,
WHEREAS,
the County Commission through its commitment to provide high quality
water has constructed the new North County Treatment Facility and
provided funding for' its prope, r operation and maintenance; and
the men and wom~, of the' C°lli~r' County water Depaxu~-~ent's North
Trea~ FacilitY, Laboratory and Mai~ten~ Sections have through
th:k continued efforts and dedication demon-~ ated ahigh level of
commitment and skill, in the'operation, tek',i~g and maintenance of that
· o.. . . ..... . .... ~...,< / .// ,2.,
¢,~.41n'v. and .., ' .'~ '. "* , , ' '? ".',-' '-~, '
,?~' ,,, "f, .,, , . .,/ .." ~ ,, ~::.'~, > ,,%
WI-IEREAS,: .' t~ Florida De~axtm.. e. nt. of Enviroan~ntal Prote~ou m recognition of :" ,),~ facility's exCellent record i~'th'~ a~.~)f operafi.'on, ~sting, . .
.:. ".:'. 'er Coune Notch Water Treatment Facility
"i ;i ..'; and
.... ~"~ ~'-~"-' ---"=-ed b' the Boarc~'~¢ c'~.~,ss~oners that th .~;~ ~ ~'.'%_' .~_.JtP'~;t3)~~~ ~ana women ot~¢
. _~-_,_/b~-lSOb~~~1~( resulted m an award from the
Award for 1997. No
DONE AND ORDERED THIS lBTM Day of November, 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
NOV 1 8 1997
..,
COUNTY ADMINISTRATOR'S
November 4, 1997
OFFICE
3301 E. TAMIAMI TR.
NAPLES, FL 34112
(941) 774-8383
FAX (941) 774-4010
Michael J. Volpe
Treiser, Kobza & Volpe, Chtd.
4001 Tamiami Trail North
Suite 330
Naples, Florida 34103
Re: Request for Public Petition - Lely Community Development District - Unit of Special
Purpose Local Government - Special Election
A CERTIFIED BLUE CHIP COMMUNI .'~f
Dear Mr. Volpe:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of November 18, 1997 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be
advised that the Board will take no action on your petition at this meeting. However, your
petition may be placed on a future agenda for consideration at the Board's discretion. Therefore,
your petition to the Board should be to advise them ofyour concern and the need for action by
the Board at a fiature meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor ofthe
Administration Building (Building "F") of the government complex. Please arrange to be present
at this meeting and to respond to inquiries by Board members.
Ifyou require any further information or assistance, please do not hesitate to contact this office.
Very truly yours,
County Administrator
RFF/bp
cc: County Attorney
NOV 1 8 ?,.MI
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
October 29, 1997
Robert Fernandez, County Administrator
David C. Weigel, County Attorney
Request for Resolution Ordering and Calling a
Referendum Election for the Lely Community Development
District
As I mentioned to you yesterday, I have reviewed a request
from attorney Michael J. Volpe on behalf of the Lely Community
Development District for the Board of County CommisSioners to
adopt a resolution ordering and calling a referendum election
pertaining to electing members of the Lely Community Development
District Board of Supervisors.
It is my understanding that this matter is appropriately
administered as a public petition request to the Board through
the County Administrator.
I have contacted Mr. Volpe this morning and he would
appreciate the earliest Tuesday Board date possible for this
matter. I explained to him that you would contact him by letter
of your agenda determination. I know he would appreciate a fax
transmittal of your letter or telephonic communication of your
scheduling of his "public petition" request.
Please contact me if you have any questions or if I can be
of further assistance in this regard.
Attachment: Volpe letter
cc: Michael J. Volpe, Esquire
dcw/~w~¢m~ndcz( I 0-29-97)R~u¢$! ~r ~lut~on ~[y Corem ~v.
NOV 1 8 I 37
'Fr~ElSt.;R, Ko,z^ & VOLI'E, ¢,,T,,.
ATTORNEYS AT LAW
lntcrnct Address: Thc Northern Tru.q Building. A
wwwAkvnaplcs.com 4~1 Tamiami Trail North Kent A J.hanson'
r- Suite 330 Ca~.nc E. Kidon
, Naples. Florida 34103 Klm Pamck Kobza
": Telephone (94 I) 649-49~ Stanley J Lic~rra~h
" Andrew !1.
.'_ Fax (94 I) 649-0823 'Richard M Trc~r
Christopher T ~rnon
'- · Richard
' : Octo~r 21, 1997
.' Wdliam L. Rog~t~
· Also ~rr~flcd
David Weigel, Esquire : ^,,o ~..,,,~
County Attorney, Collier County, Florida . ~,.o ~,,,.a
3301 Tamiami Trail ~st, Adm. Bldg. ~'~t
Naples, FL 34112 , ~,,~ c~,r,~
Tz~ Am~7
RE: Lely Community Development District - a Unit of Special Pu~ose Local
Gove~ent - S~cial Election.
Dear David:
The other day when we met in your office, I advised you, in my capacity as the attorney
for the Lely Community Development District, that at the meeting of the Board of Supervisors
which ,,,,'as held on October 15, 1997, the Board unanimously voted to request the Board of
Count)' Commissioners to call a Special Election for the purpose of electing two (2) members of
the Board of Supervisors.
In November, there will be three (3) vacancies on the five (5) member Board of
Supervisors. Pursuant to Chapter 190 of the Florida Statues, two (2) of these vacancies are
required to be filled by qualified electors of the District elected by qualified electors of the
District. One of these Board Members shall serve a two (2))'ear term and the other a four (4)
year term. The remaining Board Member, whose term is expiring is required to be elected to a
four (4))'car term by the Land O~'ners and is not required to be a qualified election.
This Special Election will be the first election of any of the Board Members by qualified
electors of the District. In subsequent years, as terms expire, all Board Members are required to
be qualified electors elected by qualified electors of the District.
Although thc Board of Supervisors had discussed the possibility of allowing the current
Board Members ,,,,'hose terms are expiring to continue in office until the general election of 1998
at which time their successors could be elected, since there was no precedent and, further, since
the Board did not want to create any doubt regarding the actions of the Board be~veen the date of
the expiration of the term of the Board Members and the election of their successors, the decision
was made to request a Call for a Special Election. At the same time, the Board instructed me to
prepare a Special Act to be submitted to the legislative delegation to change the term of the
Board of Super,'isors so their terms would be expiring in those years in which there was a
general election.
NO¥ 1 8 1~?
David Weigei, Esquire
County Attorney, Collier County, Florida
October 21, 1997
Page 2
I already have discussed the matter of a Special Election with our Supervisor of
Elections, Mary Morgan, and she has indicated the qualifying period for candidates for the Board
of Supervisors would probably be no longer than five (5) days and the Special Election could be
held within six (6) to eight (8) weeks.
I would appreciate it if you would take the necessary steps to place the matter of the Call
of a Special Election to fill two (2) of the three (3) vacancies on the Board of Supervisors of the
Lely Community Development District on the agenda of the Board of County Commissioners as
soon as possible.
If you have questions or if there is any additional information or documentation which
you need in order to present this matter to the Board of County Commissioners. please let me
know at )'our earliest convenience.
Thank you in advance for )'our assistance and cooperation.
MJV:mjw
CC:
Marlene Meade
Fred Gartz
Joe Ryan
Bill Senkevich
Ted Biggs
James Ward
Mary Morgan
Very truly yours,
TREISER. KOBZA & VOLPE, Chtd.
,,,,
MichaeI,J..Atolpe
Pg.
· EXECUTIVE SUMMARY,
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, OF INTENT TO
PARTICIPATE IN FLORIDA'S EXPEDITED PERMITTING REVIEW PROCESS FOR
SIGNIFICANT ECONOMIC DEVELOPMENT PROJECTS. ,
OBJECTIVE: Approval of a Resolution whereby the Board, in general, agrees to local
participation in the State of Florida Expedited Permit Review Process.
CONSIDERATIONS: On ?_/25/97, the Board adopted Resolution #97-136 which
implemented Phase !1 of the County's Economic Diversification Program. On 4129197,
the Florida Legislature passed SB 1154, which provided a venue for a number of state
regulatory agencies to implement a more streamlined permitting process for important
economic development projects that will help diversify the state and local economy
without reducing environmental standards. Effective 10/1/97, this legislation also
provided for local government participation in this process on a project by project basis
(see attachment #1 - overview of program). A separate Memorandum of Agreement,
subject to Board approval, will be required for each project qualified under this Program
that creates ten or more high-wage jobs for Collier County residents.
FISCAL IMPACT: There are no costs to the County associated with this Expedited
Permitting process.
GROWTH MANAGEMENT IMPACT: The Collier County Comprehensive Plan does not
include an Economic Development Element. However, the Board of County
Commissioners has identified economic diversification as a Strategic Goal which will
serve to strengthen the economic viability of Collier County.
RECOMMENDATIONS: Staff recor,~mends the Board of County Commissioners
approve the attache(~1 Resolution./I
'~ - - h-elene caseltine, Dat'e
Economic Development Mgr.
REVIEWED BY~
Ho/u~.,rl~r~d Urban Improvement
Vincent A. Cautero, AICP, Administrator
Community Dev. & Environmental Services
Date
NOV 3. 8 1997
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RESOLUTION NO. 97
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, OF INTENT TO PARTICIPATE IN FLORIDA'S EXPEDITED
PERMITTING REVIEW PROCESS FOR SIGNIFICANT ECONOMIC DEVELOPMENT
PROJECTS,
WHEREAS, it is the intent of the Board of County Commissioners (the
'Commission") to encourage and facilitate the location and expansion of significant
economic development projects which are businesses that create jobs and offer high
wages, strengthen and diversify the local economy, and have been thoughtfully planned
to take into consideration the protection of the County's environment; and
WHEREAS, the Commission recognizes that such significant economic
development projects often involve activities requiring several permits and approvals
and frequently trigger a series of regulatory reviews; and
VVHEREAS, the Commission also recognizes that such projects often involve
multi-jurisdictional issues requiring review by federal, state, regional, and local
gcvernment entities; and
WHEREAS, the Florida Legislature enacted, and the Governor s~gned into law,
Section 403973, Florida Sta,u,.s. creating lhe Florida Expedfled Permitting Revmw
Process fcr the benefit of s,Jc,~ ;rojects and to encourage the resulting job creation and
econcmic diversihcation; and
WHEREAS, staff, at a public hearing, explained to the Commission and to the
pub!ic the Florida Expedited Permitting Review Process.
NOW, THEREFORE, be it resolved by the Board of County Commissioners that:
1. The Commission intends to participate in Florida's Expedited
Pormitting Review Process on a project by project basis by executing a Standard Form
Memorandum of Agreement for each project with the Office of Tourism, Trade and
Economic Development within the Executive Office of the Governor.
2. The Commission agrees that at least one staff representative will
serve on the Regional Permit Action Team (RPAT) established by the Office of
Tourism, Trade and Economic Development for each Expedited Permitting Review
project in which the Commission participates.
AG£NQA. LT£M
NOV 1 8 1997
pg.
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This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
Timothy L. Hancock, Chairman
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Date:
H ~-J-d i ~." Ash{on
Assistant County Attorney
1 B 1997
ENTERPII. ISE I' I_,ORI DA
?ARTNER INF()I ,51:\TION
I'ERSIIT S'i'I~,I':/'..I~Ii,ININ¢; INI'I'IATIVES
BACI(GRoIIND
Significant progress has been made over the last several .,,'ears t,, .~m~plify and streamline Florida's regulatory
review processes. Key to this progress has been thc etmmutmcnt among thc state's regulator' agencies lo provide
quicker, less costly and more predicable pc~it approvals without r~ducing enviro~cnml smn~ds. ~e
processes de~iled below build upon ~is pro~ess by further improving ~e delivc~ of re~lato~ info~ation to
Flo~da bus~esses ~d s~camlinmg pe~it procedures for impo~ant economic development project.
KEY ELEMENTS
EXPEDITEI) PERMIT REVIEW PROCESS'
A process that allows significant ccono.uc development projects to obtain expedited review of all
needed state and regional permit application.~ and, at the option off participating local government.
local development permits or orders and comprehensive plan amcndmcnts.
Gives responsibility to OTTED for certfymg a business as eligible to use the process.
· / recommendations on which projects should use thc process may come from Enterprise
Florida, any county or municipality, or REDI.
Establishes eligibility criteria for using the process. A business must: create at least I00 jobs, or;
50 jobs ifthe project is located m an enterprise zone, in a county which h~ a population of
fewer than 75,000, or in a county which has a population of fewer than I00,000 which is
contiguo~ to a county ha~ng a population of 75,000 residing in incorporated ~md
unincorporated ate. as of the county;
on a case-by-case basis and at the request and recomm~dation of the governing body off
county or municipality in which the project is to be located, OTTED may allow a business
creating a minimum of I0 jobs to use the process.
Establishes Regional Permit Action Teams by Memoranda of Agreement (MOA).
The Governor, through OTTED, directs the creation of these teams. The MOA is between
OTT'ED and the head~ of the Departments of Environmental Protection, Community
AiTab's, Transportation, Agriculture & Consumer Affai~, Labor & Employment Security,
the Game ~d Fresh Water Fish Commission, as well as the appropriate Regional Planning
Cotmcil's ~d Water Management Districts. The MOA accommodates participation by
federal agencies, as necessary.
At a local government's option, a special MOA will be developed on a case-by, cz.se b~sis
to allow some or all local development permits or orders to be covered under the expedited
public workshop
review, lmplen'nentation of the local government MOA requkes a noticed
and hearing.
Qualifed projects receive the following benefits:
· / preapplication meeting ofall MOA signatories held within 14 days after e'
,,,-
idClTtl[~Catl*)ft ~l' thc need fi)r any spcctal ',tmlt~"; ~I l('VV'w~ whlcll tll~V :~lh','t Ih,' full*'
schedule
~dctltilicalu~tl (~[' any a~ea~ of s~gnif~c;mt r,u~,',.t, ~vh~ch ma',' affect II~e n~fl. ,,m~' ~,l the
project tcvww.
deve1~pment of a consolidated tlflle schcduTe x~'hich mco~orates all required deadlines.
including public meetings and notices.
sLafcmcnt ,[ a project's permflab~llty wflhm 3(~ days flora pfeapphcahon mcettng.
final agency action on pe~it applications wilhTn 90 (taw from die receipt of completed
application(s).
waiver of twice-a-year limi~tion on local comprehensive plan amendment.
exemp~ ce~in new projecB from DRI review when at or below 100 percent of nume~cal
~esholds.
encou~ges the use of existing D~s by dot~blmg substantial deviation thresholds
~ggefing additional leng~y and costly review.
waiver of inters~te highway concunency with approved mitigation.
allows any challenges to agency final approvals to be f~eled ~to a single consolidated
heating.
Provides a special assistance process for REDI counties.
OTI'ED, working with REDI and the regional permitting teams, is to provide technical
assistance in preparing permits for rural counties. This additional assistance can include
providing guidance in land development regulations and permitting processes, and working
cooperatively with state, regional and local entities to identify areas within these counties
which may be suitable or a~ptable for pteelearance review of specified types of land uses
and other activities requi~g permits.
Prohibits certain types of projects from using the expedited process.
· / a project funded and operated by a local government and located within that government's
jurisdiction.
· " a project, th'- primary purpose of which is to:
- effect the £mal dLs"posal of solid w~ste, biomedical waste, or hazardous waste in the
state.
produce electrical power (unless the production of electricity is incidental and not
the project's primary function).
- extract natural resources.
- produce oil.
construct, maintain, or operate an oil, petroleum, natural gas, or sewage pipeline.
2
NOV ]. 8
p~.
ECObiOMIC DEVEI,OI'M F. NT I .IAISONS
Devclopmcnt l.husons m linc tlcpattmcnI$ of I'f;msp-sl;~tn'n. F. nvn-nmcnt~l pmteclion. !.~!,o~ fi'
Emplo~ent fiecurity, Education, Communily Affnhs. M~nngcmcnl Sc~'iccs, and Ihe Game and
Fresh Watcr Fish Comsm~ion. F. nch del~n~lmenl nlq"'nlee hn~ I~enernl knowledge of 1,ofl~ Ihe
%lnte'~ [~ct I~littit~lT nf~tl ~{h~'t ft'JTlll;llt~l Y ['tlllt'll(~ll% ;lll,I f~l Ih~' ~l:~h'": t'Cl~llltllll(' ~.fl~l~, S,,di,',*'~
· 'l~is pcrson is cxpcclcd I,~ be linc' pr,nn~ ~)snl of c,~nlncl l(,I Iht ngcncy with O'I'I'ED on scsucs
and projcc~ impotent io Ibc cconomic dcvchq~mcnt ol l:ln~ida, mclud,ng i~ rural ~rcas. lo
cxpcditc projcct ~cview. I- cnsusc n pr(~mpl, clfccfivc ~CSl"'~c I~ I,mblcms nrising wifl~ tcRn~d Io
pcrmitting and rcgulalo~ y I~ncllons. anti Io wo~ k ch~cly w~fls ~lhcl liaisons lo ~csolvc inlc~ngcncy
conflict.
For more information co111acl:
Entcrpri~e Florida
Permitting Liaison Coordinalor
325 John Knox Road
Atrium Buihling. Suite 201
Tallahassee, Florida 32303
(904) d88-6300
1 8 1997
_EXECUTIVE SUMFIARY
APPROVE A RECOMMENDED LIGHTING OPTION FOR TIlE U.S. 41 WIDENING PROJECT
BETWEEN AIRPORT-PULLING ROAD AND DAVIS BOULEVARD, A FLORIDA DEPARTMENT OF
TRANSPORTATION PROJECT, TttAT IS CURRENTLY UNDER CONSTRUCTION.
~L~k~: To gain Board approval of a recommended option for a substitute lighting plan for the
U.S. 41 widening project on East Tamiami Trail from Airport-Pulling Road to Davis Boulevard.
~CONSIDERATIONS: The U.S. 41 widening project, from Airport-Pulling Road to Goodlette-Frank Road
was let by the Florida Department of Transportation (FDOT) in May, 1997. The successful bidder was
Archer-Western Contractors, Ltd., a Fort Lauderdale-based contractor. Included in the contract is the
replacement of street lights on the south side of the project with standard aluminum poles and luminaries.
During the FY 1997-98 Budget Presentations, staff was requested to develop an estimate for upgrading the
street lights on the project, beV, veen Davis Boulevard and Airport-Pulling Road, to include lights on both
sides of the roadway, on decorative poles, and with special decorative fixtures. An estimate was quickly
pr~ared based on information that was available for similar designs. As a result, staff ,,,,'as directed to
budget for the estimated cost differential be~'ecn the Contractor's bid price for standard lighting and the
estimated cost for the decorative fixtures on both sides of the roadway.
The estimated cost d~fferential of $236,000 plus S20,000 for design costs, or a total of S256,000, was
budgeted in both Road District I (Fund 102) and Road District 3 (Fund 104) since the District boundaries
traverse the center of U.S. 41. Thus, 5128,000 was budgeted as an expanded service in each Road District.
On completion of the preliminary design, slaff held meetings with the FDOT, the Prime Contractor and the
Lighting Contractor to negotiate the cost differential between the Contractor's bid lighting costs and the
County's ncw design. During the negotiations, it became apparent that the cost differential would be greater
than staff's estimate. The Prime Contractor's Superintendent and the Highway Lighting Subcontractor cited
handling, inability to obtain a contract extension, and risk on a time-sensitive contract as the main factors
causing their costs to be higher than staff estimates. Two separate negotiating sessions were conducted with
the contractor holding firm on his price requirements.
Staffhas developed three (3) options that are available to resolve the lighting issue as follows:
Option A Construct the lighting system with a decorative pole and luminary system as originally
planned. A catalog cut is attached as Exhibit 1. Construction of this option 4411 require that
an additional $397,040 be added to the FDOT contract. The difference of S397,040 and our
budgeted $236,000 will require that an additional $161,040 be budgeted for the change. This
will result in an S80,520 increase in expenses in MSTD Road District 1 (Fund 102) and in
MSTD Road District 3 (Fund 104), which would exceed the available reserves of S38,?00 in
MSTD Road District I (Fund 102) and $54,000 in MSTD Road District 3 (Fund 104).
~ Construct the lighting system with a less decorative pole and luminary system. A catalog cut
is attached as Exhibit 2. Construction of this option will require that an additional S302,273
be added to the FDOT contract. The difference of S302,273 and our budgeted S236,000 will
require that an additional $66,273 be budgeted for the change. This will result in a $33,137
increase in the budgets for Fund 102 and Fund 104. / I~'~£~f&')
NO¥ 1 8 1997
Executive Summary
U.S. 41 Lighting Options
Page 2
Option Q
Construct thc lighting systcm as designed by the FDOT with aluminum poles and luminaries.
Monies budgeted for expanded services for the lighting upgrade would carry forward into the
next fiscal year (1998-99) budget for redistribution for routine maintenance and roadway
capital improvements.
FISCAL IMPACr: FY 1998 Budget provides $35,700 in MSTD Road District I Reserves (102-919010).
Adopting Option 15 requires a budget amendment using $33,200, which leaves a balance of $5,500. FY 1998
budget provides $54,000 in MSTD Road District 3 Reserves (104-919010). Adopting Option $ requires a
budget amendment using $33,200, which leaves a balance of$20,800. Total cost: of option B
amounts to $302,273. FY 98 Budget provides $236,000, equally funded by
MSTD Road Dist. #1 (102). and MSTD Road Dist. #3 (104), leaving a balance
of $66,273 to be equally funded from the two Road District's Reserves.
% % *: That the Board of Commissioners approve Option B and the necessary budget
amendments to implement this option, and direct staff to work with the FDOT to develop a change order to
the existing U.S. 41 project for the highway lighting portion of the contract between Airport-Pulling Road
and Davis Boulevard.
PKEPAKED BY:
REVIEWED BY:
APPROVED
David F. Bobanick
David F. Bobanick
Interim Transportation Director
Public Works Administrator
DATE: 10/29/97
DATE:
Option A
(:()LI,IEIt COI.;NTY, I"L.
~;OI I I;-!,~ ¢.~:3U~'4 fY' t/'."~4 1
Decorative pole, Olobed
Decorative arm
Optional banners
Lamp samplc photo~
I I
Domus,DMS 40
lamp ""'
O9 -.itt - F~ 7
t)VS 2085Bf3
Option B
L U Irl~ £ c ,,,:.
Decorative arm
(;()IJ,II';I¢ COUNTY,
Non2Docorativo polo,
! L. Domus,DMS 40
Non-Globed lamp
! I I
EXECUTIVE SUMMARY
RECOM2qlENDATION THAT THE BOARD CONSIDER AND APPROVE
SETTLEMENT OF STRINGER K BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ET AL., CASE NO. 97-178-CIV-FTM-23D,
PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE
DISTRICT OF FLORIDA.
!;)tlJ~ For the Board to cor~ider and approve a proposed r~ttlement of Stringer v.
Board of CounO' Commissioners of Collier County, Florida, et al., Case No. 97-178-CIV-FTM-
23D, United States District Cou~ for the Middle District of Florida.
C___ONSIDERATIONS: Former Collier County employee Pauline Stringer filed an action
against the County on or around April 21, 1997 in the United States District Court for the Middle
District of Florida alleging that the County had discriminated against her on the basis of gender
in a hiring decision for a well drilling inspector's position. Ms. Stringer also alleged that the
County retaliated against her in violation of Title VII of the Civil Rights Act of 1964, as
amended, when she attempted to apply for another position after she left County employment
and after she filed an EEOC charge against the County. Ms. Stringer has now agreed to seule
her claims against the County for $40,000 (to be treated as wages for purposes of taxes and other
required withholdings). A copy of a proposed form of settlement agreement and release is
attached to this Executive Summary for the Board's consideration and review. No admission of
wrongdoing would be made by the County if it elects to execute this agreement and release.
a~J_SCAL IMPAC~ If the settlement is approved, the County will be responsible for paying
Ms. Stringer $40,000 from its self-insurance retention fund, Fund 516. If the settlement ia not
approved, the County ia likely to have coa'a in preparing for the trial of Ma. StringWs ¢laim.q of
in the neighborhood of at lea.st $15,000. (Notably, 1~. Stringer's claima mu.~ be tried in
Tampa, Florida according to a recent federal court order. Th~, the County will bear the cost of
housing its attorneys and witnesses for the three to four day~ it takes to try the ca~.) Ia addition,
if successful, M~. Stringer would be entitled to compensatory damages up to $300,000 and also
would be entitled to her reasonable attorney's fees and eom. Reasonable attorney's fees and
coats in preparing for and trying a case such as this one are estimated to be al~roximately
$55,000 to $60,000. ' ' '
GROWTH MANAGEMENT IMPACT: None. ~
- . ,.~.,- .~,'.' "~ · · ~ '
I~ECOMMENDATION; That the Board of County Commissioners consider and approve a
settlement of Stringer v. Board of County Commissioners of Collier Couney, Florida, et al., Case
No. 97-178-CIV-FTM-23D and all other related claims and that it authorize the Chairman to
execute a Settlement Agreement and Release in substantially the same form as that attached to
this Executive Summary.
SUBMITTED BY:
Michael W. Pettit
Assistant County Attorney
I~ sl~ ((?~an agement Department
Date:
Date:_
APPROVED BY:
David C. Weigel /..)
County Attorney
Date:/~- ~ ?--'~ 7
AO£N~A)T£M
NOV I
mL
,, ..... mil II
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release (.Agreement and
Release") is entered into and made on this day of
, 1997 by and between Pauline Stringer
{"Stringer")and Collier County (the -County"), a political
subdivision of the State of Florida, with respect to Case No. 97-
178-CIV-FTM-23D, filed in the United States District Court for
the Middle District of Florida, as well as all claims or
controversies between Stringer and the County that could have
been asserted in that case or that in any way relate to or arise
directly or indirectly from Stringer's employment, cessation of
employment or applications for employment with the County.
WITNESSETH:
WHEREAS, Stringer has filed an action against the County
in the United States District Court for the Middle District of
Florida, and that action is styled Pauline Stringer v. Board of
County Commissioners of Collier County, et al., Case No. 97-178-
CIV-FTM-23D (hereafter referred to as the .Lawsuit");
WHEREAS, Stringer has alleged various claims against the
County in the Lawsuit and the County has filed an answer and
affirmative defenses;
WHEREAS, Stringer and the County, without admitting any
liability or fault by either of them, nevertheless recognize the
cost and uncertainties of litigation and now desire to fully and
finally resolve any and all claims, known or un~nowno...asserted or
that could have been asserted by Stringer in N%.~~it,
including but not limited to all claims for compensatory damages,
reinstatement, front pay, back pay, attorney's fees and costs,
and also desire to fully and finally resolve any and all claims,
whether kno%~ or unkno'~n, that relate in any way to or arise
directly or indirectly from stringer's employment, cessation of
employment or applications for employment with the County;
%VHEFdfAS, stringer and the County desire to reduce their
compromise of the Lawsuit and all claims that could have been
asserted in the Lawsuit or that relate in any way to or arise
directly or indirectly from stringer's employment, cessation of
employment or applications for employment with the County to a
writing so that it may be binding upon stringer and the County
and their respective predecessors, successors, heirs, assigns,
employees, former employees, elected officials, officers, agents,
representatives, attorneys, insurers, sureties and affiliates;
NO%Z, THEFdfFORE, in consideration of the mutual covenants,
promises and considerations set forth in this Agreement and
Release, the sufficiency of which is hereby acknowledged, and
with the intent to be legally bound, stringer and the County
mutually agree to the following:
1. stringer and the County agree to adopt and incorporate
the foregoing recitals, sometimes referred to as -Whereas
clauses", by reference into this Agreement and Release.
2. The County agrees to pay Stringer the sum of Forty
Thousand Dollars ($40,000.00) in full satisfaction of all claims
stringer has made or could have made in the Lawsuit or that
relate in any way to or arise directly or indirectly from
stringer's employment, cessation of employm'~ mT app14~n~s
AGENDAITEM
2
for emPloyment with the County.
No._
3. The payment to stringer of Forty Thousand Dollars
($40,000.00) includes all amounts allegedly due to stringer from
the County for any reason whatsoever including, but not limited
to, all back pay, front pay, compensatory damages, costs,
taxes, expenses, attorney's fees and equitable relief that
stringer has claimed or could have claimed in the Lawsuit or that
relate in any way to or arise directly or indirectly from
stringer's employment, cessation of employment or applications
for employ~ent with the County. stringer understands and
agrees, however, that the County shall treat this payment as one
of wages and shall withhold from the $40,000.00 payment all
taxes, social security and other withholdings as required by law.
4. stringer agrees to assist her attorneys in preparing
and filing a stipulated Notice of Dismissal with Prejudice in the
Lawsuit and also agrees that such a Notice shall be filed
immediately upon receipt of the $40,000.00 payment minus the
applicable withholdings referenced in Paragraph 3 of this
Agreement and Release.
5. Stringer represents and warrants to the County that she
has not filed any other charge, lawsuit, claim or any other
action against the County or any entity or natural person that is
or has been associated with, controlled by or under common
control with/of the County.
6. Except for any claim to enforce the terms and
conditions of this Agreement and Release, stringer, on behalf of
herself and any and all heirs, executors, administrators, legal
representatives and assigns, shall and hereby does fully and
~d
~nall unconditionally, release, acquit, .r~
ffireveYr discharge the County, its elected l ffi~.~cex
employees, former employees, attorneys, agenl s, ~r~%e~tive
· ' 3 P~' ~
predecessors, successors, insurers, sureties and assigns from any
and all manner of action or actions, cause or causes of action,
suits, debts, dues, sums of money, accounts, reckonings,
covenants, charges, damages, obligations, liabilities, contracts,
promises, judgments, executions, claims, complaints, legal or
equitable and whether known or unknown which stringer has
asserted in the Lawsuit, had, or now has or may have against the
County, its elected officials, officers, employees, former
employees, attorneys, agents, representatives, predecessors,
successors, insurers, sureties and assigns, whether known or
unknown, arising out of or relating in any way to the claims or
allegations in the Lawsuit, or that could have been made in the
Lawsuit or that relate in any way to or ar'ise directly or
indirectly from stringer's employment, cessation of employment or
applications for employment with the County, up to the time of
execution of this Agreement and Release, including but not
limited to, claims in any way pertaining to a claim of
discrimination or retaliation pursuant to Title VII of the civil
Rights Act of 1964, as amended, the civil Rights Act of 1991, the
Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.),
the Americans with Disabilities Act, the Family and Medical Leave
Act, the Employment Retirement Income Security Act of 1974, the
Florida civil Rights Act, the U. S. Constitution, the Florida
Constitution, or under any other federal, state or local statute
or act, ordinance, regulation custom, rule, or policy, or any
cause of action in contract or tort, including any intentional
tort, or any instruments, agreements or documents entered into
by, between, or among the County or Stringer~ ,
'7. (a) stringer acknowledges and
hever had'any claim for age discrimination
~gre~E~£1~he
No._ 9/~ -
Lgainst the Count
1
has
or
any County elected officials, officers, employees, former
employees, attorneys, agents, representatives, predecessors,
successors, insurers, sureties or assigns for age discrimination
under the Age Discrimination in Employment Act (-ADEA").
Nevertheless, for purposes of complying with the release
provisions of the ADEA, Stringer understands and agrees that she
may revoke this Agreement and Release for a period of seven
calendar days following execution of this Agreement and Release.
This Agreement and Release is not effective until this revocation
period has expired. Stringer understands that any revocation to
be effective, must be in writing and must be sent via
telefacsimile to the office of the County Attorney to the
attention of Michael W. Pettit, telefacsimile number (941) 774-
0225 within seven (7) days of execution of this Agreement and
Release.
(b) stringer further understands that she is entitled
to consider this Agreement and Release for twenty-one (21) days
prior to her execution of this Agreement and Release and
acknowledges that she have been given the opportunity to consider
this Agreement and Release for said twenty-one (21) days.
(c) stringer understands and agrees that she has been
advised to consult with an attorney prior to executing this
Agreement and Release and has had an opportunity to discuss it
with an attorney prior to executing this Agreement and Release.
8. stringer agrees to indemnify, defend, and to hold
harmless the County from and against (i) any and all liability,
claims (whether pending or threatened and whether Judicial,
administrative or otherwise), costs, causes of action, demands
and expenses arising out of or based n a~E~~ of this
Agreement
and Rel.ease by
Stringer
N0.~ of
on
any
representations or warranties made by stringer herein which are
later found to be false; and (ii) any tax liability, including
but not limited to income tax, social security tax, penalties and
interest, in the event that it is ever determined that the
payment made by the County constitutes taxable income to
stringer. In this latter regard, stringer acknowledges and
agrees upon advice from her counsel that any tax liabilities
including but not limited to income tax, social security tax,
penalties and interest associated with the payment of any monies
to stringer under this settlement are solely her responsibility-
9. Except for any claim to enforce the terms and
conditions of this Agreement and Release, the county shall and
hereby does fully and finally remise, release, acquit, satisfy
and forever discharge stringer, her attorneys, agents,
successors, insurers, sureties, predecessors, heirs and assigns
from any and all manner of action or actions, cause or causes of
action, suits, debts, dues, sums of money, accounts, reckonings,
covenants, contracts, promises, damages, judgments, executions,
claims or demands whatsoever, whether at law or in equity and
whether known or unknown, which the County had, now has, or may
have in the future against stringer arising directly or
indirectly out of or relating in any way to Stringer's
employment, cessation of her employment or applications for
emplo}~ent with the county or any claim or allegation that
stringer has asserted or could have asserted in the Lawsuit.
10. stringer understands and agrees that she is hereby
waiving any and all claims she may have to reinstatement or
future employment with the County and/or any other entity that is
or has been. Controlled by or under common co~A~O£ 'che
County a~d further agrees that neither the
6
.~oun~ ~of
NOV lgg7
the
foregoing entities will, at any time, be under any obligation to
employ or contract with her and further agrees that she shall not
seek employment with the County or any other entity that is or
has been controlled by or is or has been associated or under
common control with/of the County.
11. Both Stringer and the County agree to waive the right
to seek payment of attorney's fees or costs incurred in the
Lawsuit, and both parties agree to pay for their respective
attorney's fees and costs incurred in the Lawsuit.
12. Stringer represents and warrants to the County that she
is authorized to enter into and that she has the authority to
perform the terms of this Agreement and Release and that she has
not sold, assigned, transferred, conveyed or otherwise disposed
of all or any portion of the claims she has released and
discharged in this Agreement and Release.
13. This Agreement and Release is the result of a
compromise of disputed claims and it is understood that the
execution and performance of this Agreement and Release by the
County does not constitute, nor shall it be construed as, an
admission that it has violated any law, statute, rule, regulation
or ordi;ance of either the United States or the State of Florida
or breached any duty owed to Stringer under federal, state or
local law, policy or practice, with respect to Stringer,s
employment, or the cessation of her employment, or in any other
matter, or that any of Stringer,s claims have any merit
whatsoever. The County explicitly denies any such wrongdoing.
14. This Agreement and Release shall be governed by the
laws of the State of Florida.
15. This Agreement and Release is f~eely and voluntarily
executed by Stringer and the County after t fey ~~e~ppr .sed
of all relevant information concerning this Agreement and Release
and after they have received advice of their respective counsel.
In executing this Agreement and Release, stringer and the County
do not rely on any inducements, promises, representations other
than the promises and representations set forth in this Agreement
and Release. In this regard, stringer and the County acknowledge
that this Agreement and Release is the product of mutual
negotiation and no doubtful or ambiguous provision in this
Agreement and Release is to be construed against any party based
upon a claim that the party drafted the ambiguous language.
16. This Agreement and Release may be amended only by a
written instrument specifically referring to this Agreement and
Release and executed with the same formalities as this Agreement
and Release.
17. Should any provision of this Agreement and Release be
declared or be determined by any Court to be illegal or invalid,
the validity of the remaining parts, terms, provisions, shall not
be affected thereby and such an illegal or invalid part, term or
provision shall be deemed not to be part of this Agreement and
Release.
18. In the event of an alleged breach of this Agreement and
Release, stringer and the County hereby agree that all underlying
causes of action or claims of stringer and the County have been
extinguished by this Agreement and Release and that the sole
remedy for breach of this Agreement and Release shall be for
specific performance of its terms and conditions. In this
regard, stringer and the County further agree that the sole venue
for any such action for specific performance shall be the
Twentieth Judicial circuit in and for Collier County, Florida in
AGENDA ~EM
Naples, Fl?~ida. NO. ?~ .
NOV 1 B 1997
19. The parties hereto agree that this Agreement and
Release supersedes and replaces all prior agreements and
understandings and that it constitutes the entire agreement
between Stringer and the County and that there exist no other
agreements, oral or written, between them relating to any matters
covered by this Agreement and Release or any other matter
whatsoever.
20. This Agreement and Release may be executed in any
number of counterparts, each of which shall be deemed to be an
original, but all of which together shall constitute on and the
same instrument.
21. Except as expressly provided for herein, the parties
represent and warrant that in executing this Agreement and
Release, they do not rely upon and have not relied upon any oral
or written representation, promise, warranty or understanding
made by any of the parties or their representatives with regard
to the subject matter, basis or effect of this Agreement and
Release.
22. The parties acknowledge and assume the risk that facts,
additional and different or contrary to the facts which they
believe to exist, may now exist or may be discovered after this
Agreement and Release has been entered, and the parties agree
tha~ any such additional, different or contrary facts shall in no
way limit, waive, affect or alter this Agreement and Release.
23. The County agrees that, consistent with the Florida
Public Records Law, it shall store all records concerning
Stringer (other than her official personnel file as maintained in
the ~County's ~Human Resources Department) with the litigation
The County f~irth~EN~~ that any
file~ in the Lawsuit.
inquiries directed to the County regarding stringer's past
employment shall be directed to the Human Resources Department or
any subsequently designated Department for handling inquiries of
past employment and that such inquiries shall be answered with
affirmation that Stringer worked for the County, and the periods
of employment and positions held.
IN WITNESS WHEREOF, stringer and the County having
executed this Agreement and Release, which consists of 11 pages,
on the dates set forth below next to their respective signatures
and as sworn to and acknowledged by Employee.
DATED:
ATTEST:
D\%qGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
TIMOTHY L. HANCOCK, Chairman
Date:
PAULINE STRINGER
Date:.
10
AGENDA ITEM
No._Y,'; -
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PAULINE
STRINGER AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by
Pauline Stringer before me this _ day of _, 1997.
Signature of Notary Public
Per;onally Known ---.
or
Produced Identification .-.--
Commissioned Name of Notary Public
(Please print, type or stamp)
Type of Idenlification Produced
My Commission expires:
Approved as to form and
legal sufficiency:
Michlcl W. Pettit
Assistant County Attorney
AGENDA ITEM
11 -
EXECUTIVt~ SUMMARY
RECOMMENDATION TO DECLARE A VACANCY ON THE ENVIRONMENTAL POLICY
TECHNICAL ADVISORY BOARD
OBJECTIVE: To declare a vacancy on the Environmental Policy Technical Advisory Board and direct
stuff to issue a press release soliciting resumes in an effort to fill the vacant position.
CONSIDERATIONS: Ordinance No. 92-42, Section 4, reads as follows: 'It is the intent and strong
~lesire of the Commission that there be full attendance of advisory Board members at all meetings of the
Boards, recogni: ing, however, that it may be necessary for Board members to be absent from a meeting
due to unusual or emergency circumstances. Nevertheless, full attendance at Board meetings is
encouraged and necessary for the proper operation of the Boards and in furtherance thereof the following
requirements are established: A. Any Board member who is absent for more than one-half of the Board's
meetings in a given fiscal year shall be deemed to have tendered his or her resignation for such Board.
The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and
shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not
serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that
any Board member is absent from two consecutive Board meetings without a satisfactory excuse
acceptable to the Board chairman, the Board chairman shall state such fact at the next regularly scheduled
Board meeting and shall thereafter notify, in writing, the Administrative Assistant to the Commission of
the Board member's failure to attend without satisfactory excuse. The Commission shall review the Board
Chairman's notification at a Commission meeting and shall declare the Board member's position to be
vacant if the Commission concurs that the Board member was absent from two consecutive Board
meetings ~Sthout a satisfactory excuse and shall promptly fill same pursl~nt to the provisions of Section
Six herein. The Board member shall not ser~'e at any meetings after his or her position is declared vacant.
C. A member ora Board shall be deemed absent from a meeting when he or she is not present during at
least 75% of the meetings.
Byron J. Meade was appointed by the Board of CountT Commissioners to EPTAB on May 6, 1997 to a 4
month term and an additional 4 year term, expiring on September 30, 2001. Mr. Meade has not attended
any meetings to date.
Attached is a letter dated November 3, 1997, from Mr. Brad Comell, Chairman of EPTAB, requesting that
the Board of County Commissioners declare a vacancy on the committee and direct staff to advertise to
fill the vacancy.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the recommendation to
declare a vacancy on EPTAB and direct staff'to issue a press release soliciting new members: ~,tis also
· recommended that the Board of County Commissioners direct the County Attorney to prepare aXresolution
declaring the position vacant.
Prepared By:
Sue Filson, Administrative Assistant
Board of County Commissioners
Date:
November 18, 1997
Ho.j_ /~ ~c; .
NOV 18 Lq97
,.
Bradley Cornell 592-7805 (call firs 11/04/1997 10:27:26 AM P.1
ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD
fi56 10~th Avenue North, Naple~, FL 34108
November 3, 1997
Collier Coun .ty Board of Commissioners
Timothy Hancock. Chairman
3301 Tamiami Trail East
Naples, FL 34112
RE: Declaration of Vacant Position on EPTAB
Dear Commissioners:
This letter is to inform you that Byron Meade, one of your appointees to the Em,'i,ronmental Policy Technical
Advisory, Board (EPTAB), has not attended a single meeting after more than four months, v4thout excuse.
Pursuant to Sec. 2-833 of CounS' Code. I am therefore requesting that you declare the position vacant and that
Ms. Sue Fi[son advertise the vacancy for the purpose of your appointing a qualified candidate as .soon as
possible.
Thank you for your attention to this matter.
Sincerely,
Bradley Comeli
Chairman. EPTAB
cc: .Ms. Sue Filson, Administrative Assistant. BCC
EPTAB files
No. /L/ y~ _
tlOV 18 ~q97
Pg.
TO:
FKOM:
DATE:
RE:
NATURAL RESOURCES DEPARTMENT
MEMORANDUM
Sue Filson, Administrative Assistant to the BCC
Natural Resources Department
October 23, 1997
Byron Meade - EPTAB
Please be advised that Byron Meade has never attended an EPTAB meeting since he was
appointed on May 6, 1997 by the BCC. I sent him the attached August 14, 1997 letter
in.forming him of EPTAB's attendance requirements. I also spoke with him via telephone
as a follow-up to this letter. I understand that his business interests took him back to Ohio
for extended periods of time. I suggested that he submit a resignation if he could not
make the monthly EPTAB meetings.
I have not yet received any correspondence from Mr. Meade concerning this matter. On
October 13, 1997, EPTAB voted to recommend Mr. Meade's removal from the advisory
board. Please begin the process to have the BCC declare Mr. Meade's position vacant
and advertise for a new member.
Call me at ext. 2505 ifyou need any further information.
Attachment
cc: Vincent A. Cautero, AICP, Administrator
Community Development & Environmental Services
EPTAB File
AGENI~A Z TE.I',I
N0V 1 8 1997
COLLIER COUNTY GOVERNMENT
COMMI rNITY DEvELoPMENT AND ENVIRONMENTAL
SERVICES DIvISION
Uuddm.~ Rev~w ar~ Pefmhcm~ (94 D 64~44~
(k~ Enfurc~nc {94D ~440
H,m~n~ ~ Urban lmpr~em~nc (94 D 64~}0
N,~ur~l ~ (9411
~anmns ~rs (9411 64~-8~
~llucmn C~ncml (94D T~2-2~02
Au~st 14, 1997
HEALTH/CO.~LMD~ITY SERVICES BLDG.
½301 E. TAMtAMI TRAIL
NAPLES, FL 34112
A CE~'IHr~ BLUE CHIP COI4ML;NITY
Byron Meade
1303 Cobia Court
Naples, Horida 34102
ILS: At, end,ce Record for F..PTAB
Dear M.r. Meade:
Please note that the membership provisions for EPTAB state that "members shall be automatically
removed if they are absent from two (2) consecutive meetings without a satisfactory excuse or if
they are absent from more than one-fourth of the meetings in a given fiscal year". Our records
indicate that you have two (2) consecutive unexcused absences. Additionally, you have missed
tI'u'ee (3) meetings within the current FY97 fiscal year (October, 1996 - September 30, 1997)
which is equal to the 75% attendance criteria. Please make sure that you are in attendance for the
September 8, 1997 meeting to ensure your continued membership on EPTAB. If not, EPTAB
could forward a recommendation to the Board of'County Commissioners to remove you from the
advisory board.
Please call me at 941-732-2505 ii'you have any questions.
Sine.er. ely yours, ..
W'dliam D. Lorenz, Jr., P.E.
Natural Resources Director
CC:
Sue Filson
EPTAB File
N0V 1 8 lg97
Environmental Policy Technical Advisory Board
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
a03-7330 05/06/97 09/30/97 4 Mo.
5/6/97 09/30/01 4 Years
Byron J. Meade
l j03 Cobia Court
Naples, FL 34102
District: 4
Category: Agri Business Mgmt.
William E. J. McKinney
t 898 Mission Drive
Naples, FL 34109
District: 2
Category: Pollution Controt
592-7124
Jan M. Stevens
232 ?ebble Beach Circle, El0
Naples, FL 34113
District: I
Category: Solid Waste/Hazardous Waste
Allen Morgan Kratz
175 Seabreeze Avenue
Naples, FL 34108
District: 2
Category: Pharmacy/Science
Michael Simonik
1821 Richards Street
Naples, FL 34120
District: I
Category: Biology
793-7997
793-6828
02/04/97 09/30/00 4 Years
05/06/97 09/30/99 2 Years
Brenda C. Fogel
1019 Broad Avenue, North
Naples, FL 34102
District: 4
Category: Banker
521-7722 10/10/95 09/30/99 4 Years
343-9736 11/05196 09/30100 4 Years
2624800 05/06/97 09/30/97 4 Mo.
403-0412 516/97 09/30/01 4 Years
Monty D. Robi_n_qon
130 Cricket Lake Drive 793-1427
Naples, FL 34112
District: 4
Category: Hydraulics/pollufion/stormwater
01/06/97 09/30/00 4 Years
Wttlnt~lay, Sei~ten~r 24, 1997
· Environmental'Policy Technical Advisory Board
~¥ame
ffZork Phone ,~ppt'd Exp. Date Term
Home Phone DateRe-appt 2ndf~rpDate 2nd Term
Maureen McCarthy
6075 Pelican Bay Boulevard,
Naples, FL 34108
District: 2
Category: Ecology
09/23/97 09/30/01 4 Years
598-3857
Michael J. Delate
3700 27th Avenue, S.W.
Naples, FL 34117
District: 5
Category: Hydrology/Hydraulics & Stormwater
262-4617 09105195 09/30/95 3 Years
455-5319
458.-062 05~06~97 09130198 I Year
Steven H. Bigclow
1937 Empress Court
Naples, FL 34110
District: 2
Category: Solid Waste, Pollution Control, ctc
01110/95 09/30198 4 Years
Bradley Comell
556 109th Avenue North
Naples, FL 34108
District: 2
592-7805
Category: Solid Waste
This 11 member committee was created on 03/12/91 by Ord. No. 91-26 (amended on 06118/91
by Ord. No. 91-48) to advise and assist in the development of environmental cansercation and
protection programs, ordinances and policies. Terms are 4 years.
Staff.' William D. Lorenz, Jr., Environmental Services Dir: 732-2505
Wedn~lay, ..~e~ 24, 1997
P~g¢ 2 o! 2
NOV 1 8 1997
EXECUTIVE SUMMARY
PETITION NO. PUD-92-6 (1), BRUCE TYSON OF WILSON, MILLER, BARTON & PEEK, INC.,
REPRESENTING PELICAN LAKE LIMITED PARTNERSH~ FOR THE PURPOSE OF
AMENDING THE SOUTHWOODS PUD BY CHANGING THE NAME TO PELICAN LAKE; BY
CHANGING REFERENCE TO OWNERS; BY INCREASING THE MAXIMUM AREA OF
ALLOWABLE UTILITY/STORAGE FACILITY AND BY DESCREASING THE BOUNDARY
SETBACK REQUII:~EMENT FOR PROPERTY LOCATED ON THE EAST SIDE OF S.R. 951, IN
SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
CONTAINING 101.34+ ACRES.
OBJECTIVE:
This petition seeks to cause the Southwoods PUD, a Travel Trailer and Recreational Vehicle
Campground (TTRVC) authorized land use lo be amended for the purpose of principally increasing the
area of utility/storage buildings, reducing the boundary setback requirement, and change the name of the
PUD and its ownership.
CONSIDERATIONS:
The Southwoods, now Pelican Lake PUD, is located on the east side of S.R. 951 immediately north of
Marriot Club Drive.
This amendment seeks to allow an increase in the size of accessory utility/storage buildings from sixty
(60) square feet to one hundred (100) square feet, and to reduce the perimeter setback from fifty (50)
feet to thirty (30) feet. Additionally, because the PUD is being amended the current owner entity is
utilizing this opportunity to change the name of the PUD to coincide with the actual marketing name,
and to recognize the actual owner entity.
The Southwoods PUD was first approved on October 20, 1992 (Ordinance No. 92-78) as a Travel
Trailer Recreational Vehicle Campground. The property is in the urban designated area. The project
(TTRVC) is actively under development. The Future Land Use Element authorizes recreational vehicle
campgrounds in the urban residential area. When the PUD was approved it enjoyed that relationship
which remains to this day.
The type of revisions represented by this change have no relationship to elements of the Growth
Management Plan, therefore, this petition is consistent with the Growth Managemaenl Plan. An},
subsequent development is subject to concurrency requirements.
This is a PUD amendment even though the process is one of rezoning the land from 'PUD" to 'PUD".
When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a les-el of
administrative convenience because it avoids the requirement to tract amendrnexas and their rdztionship
to the original document in order to understand the totality ofthe regulations as they apply to the PUD
zoning district. For this reason, staff is of the opinion that the required ~ for
rezones do not apply in recognition of the fact that, when the prolxxty was
decision to approve the Southwoods PUD was based upon a preponderance of evidence and conditions
which support the required findings for both standard and PUD rezoning actions.
This amendment does nothing to change approved land uses or their intensity of development, but
rather establishes a development standard that will allow a larger accessory storage shed in conjunction
with an R.V. and authorize R.V. structures to locate nearer a project boundary.
When evaluating the reduction in setback for project boundaries it should be noted that two of the
boundaries are essentially street boundaries and therefore only property along the north and east sides
may be affected by this reduction. The requirement for a fifty (50) foot perimeter boundary has its
derivation in the presumption that that TTRVC will or may abut a conventional residential zoning
district, thus the presumption that a greater separation is needed. Regarding the noah boundary it
should be noted that this is a sixty (60) foot strip of land that for all practical purposes cannot be used
for any residential development while further noah lies the Silver Lake TTRVC development. Along
the east side most of this relations,hip by virtue of the master plan is separated by a cypress preserve. In
any event along both boundaries a ten (10) foot landscape buffer remains in effect. In the opinion of
staffadjacent properties are not adversely affected by TTRVC development that extends thirty (30) feet
as opposed to fifty (50) feet from those boundaries.
In the opinion of staff no public interest, welfare or safety is jeopardized by allowing a larger storage
shed fer an R.V. site. The only impact is a visual one and is restricted for all practical purposes to
residents of the R.V park. The increase is generated by market demands.
The original decision to limit accessory structures to sixty (60) square feet was not based on any
technically defined relationship. Increasing the size to one hundred (100) square feet will not ckange
the way the R.V. park operates or impacts upon its area.
The Planning Commission heard this petition on October 16, 1997 and by a unanimous vote (8 to 0)
recommended approval of the revision to the Southlands now Pelican Lake PUD. No communications
indicating objection to an approval was received, however, a representative for the property owners
abutting the north property boundary objected.
FISCAL IMPACT:
This petition by and ofitselfwill have no fiscal impact on the County. The County collects impact fees
prior to the issuance of building permits to help off-set the impact of each new development on public
facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to
maintain adopted levels of service for public facilities. In the event that impact fee collections are
inadequate to maintain adopted levels of service, the County must provide supplemental funds from
other revenue sources in order to build needed facilities.
GROWTH MANAGEMENT 131PACT:
As described above, development of the subject property as deemed to be consistent with the FLUE to
the GMP. Other related consistency reviews were also found to be consistent by virt
.... · ~£ .....
2 [OV 1 8 199/'
Pg
which development conditions were addressed, and the strategy devised for regulating the manner of
development.
Staff finds that there is no negative or other adverse impact to the GMP resulting from the adoption of
this petition.
Development permitted by the approval of this petition will be subject to a concurrency review under
the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of
either final SDP approval, final plat approval, or building permit issuance applicable to this
development.
HISTORIC/ARCHAEOLOGICAL 131PACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeologic~ probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
That Petition No. PUD-92-6 (1) be approved ad described by the draft Ordinance For Adoption and
Exh~%its thereto (i.e. PUD Document and Master Plan).
PREPARED B~ ~-
RONALD F~NINO, AICP DATE
CHIEF PLANNER
REVIEWED BY:
~RE, AICP
CI:RRF~T PLANNING MANAGER
DONALD W. A~OLD, AICP
PLA~G SER~CES DEPAR~ENT D~OR
~CENT A. CAU~RO, ADM~IST~TOR
DATE
DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
PLrD.924 (1) EX SUMMARY/pal
NOV 1 8 1997
Pg.
MEMORANDUM
TO:
COLLIER. COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT SERVICES DIVISION
DATE:
SEPTEMBER 11, 1997
PETITION NO: PUD-92-6 (1), SOLFTHWOODS (A.ICA. PELICAN LAKE)
OW'NER/AGENT:
Agent:
Wilson, Miller, Barton and Peek, Inc.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
Owner:
Pelican Lake Partnership
2330 W. Joppa Road, Suite 210
Lutherville, MD 21093
(See application for partnership members)
,REQUESTED ACTIONi
This petition seeks to cause the Southwoods PUD a Travel Trailer and Recreational Vehicle
Campground (TTRVC) authorized land use to be amended for the purpose of principally increasing the
area of utility/storage buildings reduce the boundary setback requirement change the name of the PUD
and ownership.
GEOGRAPHIC LOCATION;
The Southwoods now Pelican Lake PUD is located on the east side of S.R. 951 immediately north of
Marriot Club Drive (See location map following page).
pURPOSE/DESCRIPTION OF AMENDMENT,.',
This amendment seeks to allow an increase in the size of accessory utility/storage buildings fi.om sixty
(60) square feet to one hundred (100) square feet and to reduce the perimeter setback fi'om 50 feet to 30
feet. Additionally, because the PUD is being amended the current owner entity is utilizing this
oppontmity to change the name of the PUD to coincide with the actual marketing name and to
recognize the actual owner entity.
SURROUNDING LAND USE AND ZONING:
Inasmuch as the nature of the change has no impact on adjacent lands no point is served by identifying
adjacent land use relationships. The fact remains that the PUD is for a Travel Trailer .;ampgzlZ,~j~x
is currently actively under development for r~id purposes. Nothing has changed ince t~ ~
NOV 1 8 1997
PUD was adopted which would be impacted by a change which would only be of importance internally
to purchasers of recreation vehicle sites.
GROWTH MANAGEMENT PLAN cONSISTENCY:
The Southwoods PUD was first approved on October 20, 1992 (Ordinance No. 92-78) as a Travel
Trailer Recreational Vehicle Campground. The property is in the urban designated area. The Future
Land Use Element authorizes Recreational Vehicle Campgrounds in the urban residential area. When
the PUD was approved it enjoyed that relationship which remains to this day.
The type of revisions represented by this change have no relationship to elements of the Growth
Management Plan, therefore, this petition is consistent with the Growth Management Plan. Any
subsequent development is subject to concurrency requirements.
H'ISTORIC/ARCFIAEO LOGICAL FMPACT:
Not applicable.
EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE:
Tiffs is a PUD amendment even though thc process is one of rezoning the land from "PUD~ to "PUD".
When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of
administrative convenience because it avoids the requirement to track amendments and their
relationsiffp to the original document in order to understand the totality of the regulations as they
apply to the PUD zoaing district. For this reason, staffis of the opinion that the required findings for
standard and PUD rezones do not apply in recognition &the fact that, when the property was initially
rezoned, the decision to approve the Southwoods PUD was based upon a preponderance of evidence
and conditions which support the required findings for both standard and PUD rezoning actions.
This amendment does nothing to change, approved land uses or their intensity of development, but
rather establishes a development standard that will allow a larger accessory storage shed in
conjunction with an R.V. The increase requested is from sixty (60) to one hundred (100) square feet.
The thrust of the decision that has to be made relative to the PUD amendment should focus on
whether or not the amendment would give rise to any inconsistency with elements of the Growth
Management Plan, introduce new uses that while consistent with the FLUE, nevertheless, bring about
relationships that were not evaluated as part of the original action, or cause development standards to
be changed that may adversely affect existing development, and/or if there is not any existing
development, cause standards to be enacted that will lead to ill-conceived development patterns with
attendant health, and safety related results.
In the opinion of staff no public interest, welfare or safety is jeopardized by allowing a larger storage
shed for an R.V. site. The only impact is a visual one and is restricted for all practical purposes to
residents of the R.V. park. The increase is generated by market demands.
The original decision to limit accessory structures to sixty (60) square feet was not
technically defined relationship. Increasing the size to one hundred (100)square feet wi~ not ,,~.c~
thc way the R.V. park operates or impacts upon its area.2 L NOV 1 8 1997
Revisions to the name of' the project and the owner entity has no effect on legitimate planning
relationships,
Ail subsequent development remains subject to current LDC requirements for subdivision
improvements, required site development plans, landscaping buffers, and requirements attendant to the
development of commercial property (i.e. architectural standaxds).
STAFF RE(~QMMENDATION:
That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-92-6 (1)
being a petition to repeal and rezdopt the Southwoods as Pelican Lake PUD which in its revised form
which provides for a new name for the PUD, revised owner entity and provides for increasing the size
of accessory storage sheds from sixty (60) to one hundred (100) square feet as described by the
Ordnance of Adoption and PUD Exhibit thereto.
~ oq- t~-q
CHIEF PLANNER
REVIEWED BY:
P~o~.'r ~. ~,~-L~, A~CP
CO~TY DEV. ~ ~0~~ SVCS.
Petition Number PUD-92-6 (I)
Staff'Report for October 16, 1997 CCPC meeting.
Note: This petition has been advertised for the October 28, 1997 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
PUD 92..6 (1) STAFF REPORT/ix:I
NOV 1 8 1997
I~i' 7
Addendum to PUD-92-6(1) Pelican Lake
When evaluating the reduction in setback for project boundaries it should be noted
that two of the boundaries are essentially street boundaries and therefore only
property along the north and east sides may be affected by this reduction. The
requirement for a fifty (50) perimeter boundary has its derivation in the presumption
that the TTRVC will or may abut a conventional residential zoning district, thus the
presumption that a greater separation is needed. Regarding the north boundary it
should be noted that this is a sixty (60) foot strip of land that for all practical
purposes cannot be used for any residential development while further north lies the
Silver Lake TTRVC development. Along the east side most of this relationship by
virtue of the master plan is separated by a cypress preserve. In any event along both
boundaries a ten (10) foot landscape buffer remains in effect. In the opinion of staff
adjacent properties are not adversely affected by TTRVC development that extends
thirty (30) feet as opposed to fifty (50) feet from those boundaries.
1997
PLANNERS, EN...,!~.C,.N.MC_NTAL CONSULTANTS, I:_NOINEERS,
SUR'.'EYO,~S, L;,::L-".--.:.?'-' .&.RCP:IT-'.LTS, CO.~;STRUC?;ON ~,IANAGERS
June 25, 1997
Mr. Ronald F Nino, ChiefPlaxmer
Collier County Current Plaxtaing
2800 N. Horseshoe Drive
Naples, Fl 34104
Pelican Lake (Southwoods)
PUD Amendment
pill)
Dear Ron,
Enclosed please find the following relating to the PUD Amendment for Pelican Lake:
· Application for Public Hearing
· Fee for 51300.00
· One copy ofthe existing PUD
· One copy of the proposed PUD as amended
· Seventeen copies ofthe pages with strike-tkrough / underlines ofthe proposed changes
Please review the documents and let me know if you have any questions.
Sincerely,
WILSON, MILLER, BARTON & PEEK,
Project Manager
cc: Norman Wilder
WILSON, ,MILLER, BARTON ~ PEEK, INC.
Bailey Lnne, Suite 2~~. Na~les. ~orida 34105-8507 · Ph 94 !-~9-~ Fx 941
643-5716
- I'10¥
PETITION NUMBER
DATE
APPLICATION FOR PUBLIC HEAR.I]qG
FOR
PUD AMENDMENT/DO AMENDMENT
COMMUNITY DEVELOPMENT DMSION
PLANNING SERVICES
Name of Applicant(s) pelican l.ake Limited Partnership
Applicant's Mailing Address 2330 W. Ioppa Road. Suite 210
City Lutherville State MD
Zip_ 21O93
Applicant's Telephone Number:
410-494-9200
Is the applicant the owner of the subject property'?, x Yes
~ No
.. (a) If applicant is a land trust, so indicate and name beneficiaries below.
Co)
If applicant is corporation other than a public corporation, so indicate and
name officers and major stockholders below.
x (c)
If applicant is a partnership, limited partnership or other business entity,
so indicate and name principals below.
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.
.(0
If applicant is a contract purchaser, attach copy of contract, and indicate
actual owner(s) name and address below.
Name of Agent Bruce E. Tyson. ASLA
Firm Wilson. Miller. Barton & Peek. Inc.
Agent's Mailing Address 3200 Bailey_ I.ane. Suite 200
-0
City Naples State
Agent's Telephone Number:
FL
(941_~ 6494040
Zip
34105
A~gNr~J. LTF~M,
NO. ~
IqOV 1 8 1997
PUD Ordinance and Number:
92-78
Detailed legal description of the property covered by the application (if space is
inadequate, atuch 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 15 _ Township 51 S Range ~.
_The south 1100 feet of the north 1/2. of the north 112. of Section 15. Township 51 south~
_.,Range 26 east. lying east of State Road No. 951. Collier Court _rT. Florida
Address or location of subject property: 3555 Marriott Club Drive. Naples. FL 34114
Does property owner own contiguous propetny to the subject property? If so, give
complete legal description of entire conti~ous property. (If space is inadequate, attach
on separate page.)
No
o
Type of Amendment:
A.
B.
C.
Does amendment comply with the comprehensive plan:
If no, explain:
pUD Document Language Amendment
pUD Master Plan Amendment
Development Order Language Amendment
X
Yes
No
ow13~91.w.oo~ ~o 14 .TLM
NOV 1 8 1997
,',. !!
10.
Has a public hearing been held on this property within the last year? If so, in whose
name? ~
Petition Number:
Date:
Has any portion of the PUD been_ Ye s sold and/or
any changes proposed for the area sold and/or developed'?.
additional sheets if necessary.)
developed? Are
If yes, describe. (Attach
The PUD ~arcel was sold in its entirity to Pelican Lake
Limited Partnersh,ip.
I, _Norman W. Wilden being fkst duly sworn, depose and say that I am the President of
Pelicvm Lake, Inc., General Partner of Pelican Lake Limited Partnership, the owner of
the property described herein and wMch is the s~bject 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. ! understand this application must be complete
and accurate before a hearing can be advertised. I further permit the undersigned to act
as my representative in any matters regardLng this Petition.
~3i~.ature of Owner
Nonnan W. Wilder, President
Si~g~ature ~f Age'nt l
Bruce E. Tyson, ASLA
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Application was acknowledged before me this ~ day of_ Jtt.r~
1997, by ,qx~'xtc e. ff-.. -Cu,"-o(~ , who is l~ersonall¥ kno~m to me or
..,~... ~, .... ..~,,~.,.a as identification ara who did (did not)
take an oath.
NOV 1 8 1997
P'~o /~.
APPLICANT OWNERSHIP
Pelican Lake Lknited Partnership
Norman W. Wilder, General Partner
Thomas F. Mullan, Limited Partner
John A. Luetkemeyer, Limited Partner
NOV 1 8 1997
PELICAN LAKE
SOU~
A
PLANNED UNIT DEVELOPMENT
101.3+ Acres Located in Section 15
Townskip 51 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
%'[~ff rJTTD g.4'['nlJDf~'"r!rAlkf~l~T ~ ~, F"2ADV f ~A~T~A
U~ES&P PROFIT SHAPinG PLAN A~ TRUST
PELICAN LAKE LIMI~D PAR~ERSHIP
2330 W. JOPPA KOAD. SUITE 210
LUTHERVILLE. MD 21093
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
3200 BAILEY LANE, SUITE 200
NAPLES, FLORIDA 34105~3-94-3
AND
YOUNG, VANASSENDERP, VARNADOE & BENTON, P.A.
801 LAUREL OAK DRIVE, SUITE 300
NAPLES, FLORIDA 33963
OCTOBER I, 1992
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER 92-78
AMEND~ FILED~
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AGE D T
No. ~
NOV 1 8 1997
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of the WMBS&P Profit Sharing Plan and Trust,
hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 101.3±
acres of land located in Section 1 $, Township $1 South, Range 26 Eash Collier County, Florida.
IT he name of tl~s proposed Project shall be pELICAN LAKESOL ·ryH-WOODS. The development
of pELICAN LAKE$OUTHWOODE as a PUD will be in compliance with the planning goals and
objectives of Collier County as set forth in the C-rowth Management Plan. The development will
be consistent with the growth policies and land development regulations adopted thereunder of the
Growth Management Plan Future Land Use Element and other applicable regulations for the
£ollowing reasons:
1. The subject propers/is within the Urban Residential Land Use Designation as identified on
the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 &the Future
Land Use Element.
The Future Land Use Element of the Growth Management Plan makes an exception of
Recreational Vehicle Campground or Parks from the density rating system applicable to ali
other residential development, and specifically provides that the density prescribed in the
TTRVC zoning disu'ict is the density that is allowed. A PUD entirely devoted to
recreational vehicle development is for all intent and purposes equivalent to the TTRVC
zoning district.
The project development is compatible and complementaxy to existing and future
surrounding land uses as required in Policy 5.4 &the Future Land Use Element.
Improvements arc planned to be in substantial compliance with applicable land
development regulations as .~t forth in Objective 3 of the Futurc Land Usc Element.
The project development will result in an efficient and economical extension of community
facilities and services as required in Policies 3.I.H and L of the Furore Land Use Element.
The project development is planned to incorporate natural systems for water management in
accordance with their natural functions and capabilities as may be required by Objective 1.5
of the Drainage Sub-Element of the Public Facilities Element.
6/25/97-W-O2370003.TLM
N0237-O00-OOO-PPUD
NOV 1 8 1997'
The subject property is within the area encompassed by the Stipulation for Dismissal and
Settlement Agreement, dated July 20, 1982, between Deltona Corporation, various agencies
of the State of Florida, conservation intervenors, and Collier County, hereina.qer referred to
as the "Settlement Agreement."
SHORT TITLE
This ordinance shall be known and cited as the "PELICAN LAKESOUTHWOODS PLANNED I
UNIT DEVELOPMENT ORDINANCE".
iv
6/25/97-W-02370003.TLM
N0237-O00-000-PPUD
NOV 1 8 1997
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
The purpose of this section is to set forth the location and ownership of the property, and to
describe the existing condition of the property proposed to be developed under the project
name of~ ............
1.2 LEGAL DESCRIPTIO~N
The subject property being approximately 101.3 acres, is described as:
The south 1100 feet of the north ¼, of the north ~A, of Section 15, Township 51 south,
Range 26 east, lying east of State Road No.951, Collier County, Flo. fida.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Pelican Lake Limited Parlnershio
2330 W. Jot>Da Blvd.. Suite 210. Lutherville. MD
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
Ao
The project site is located in Section 15, Township 51 south, Range 26 east, and is
bordered on the west by State Road 95I, on the north by undeveloped land and
Silver Lakes PUD, on the east by property zoned MHSD and on the south by
Championship Drive and Marco Shores PUD.
Bo
The zoning classification of the subject property prior to the date of this approved
PUD Document was RSF-I.
1.5 PHYSICAL DESCRIPTION
6/25~97-W-0'2370003.TLM
N0237-O33-000-PPUD
The project site is located within South Florida Water Management District No. 6. Natural
drainage of the site is in a northeast to southwest dh'ection. Sheetflow from the north is
collected by an interceptor ditch located in the Championship Drive fight-of-way. This
interceptor ditch discharges south and west via the SR 951 tight-.of-way ditch and a
drainage pipe under Championship Drive discharging in Marco Shores PUl ). AG£~,~I'~I~I )
1-1
blOV 1 8 1997
· /7
1.6
The proposed water management system will be the lake detention type.
Vegetation on site is predominantly pine flatwoods. A small cypress area, to be preserved,
is located adjacent to the eastern property line.
Elevations within the site range from 2.3 to 3.8 feet above mean sea level. Most of the site
averages an elevation of 3.0. All of the site is within Flood Zone AE7 according to FIRM
Map 120067 06ISD.
PROJECT DESCRIPTION
~Se',:',E':.'e'-~s PUD shall be a Recreational Vehicle (TI'RV) park with
associated facilities which may include, but shall not be limited to, a clubhouse, associated
recreational facilities and customary accessory uses, a cypress preserve and open space as
more specifically set forth in Section 3 of this document.
6r/3/7~.w.o237ooo3. rLM 1-2
N0237-000-0{X~PPU'D
SECTION II
PROJECT DEVELOPMENT
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2 GENE L
Ao
Regulations for development of PA~?~2_.L~e,%~'~h'.':c<~ shall be in accordance
with the contents of this document, PUD-Planned Unit Development District and
other applicable sections and parts of the Collier County Land Development Code
in effect at the time of building permit application. Where these regulations fail to
provide developmental standards, then the provisions of the most similar district in
the County Land Development Code shall apply.
Bo
Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the Collier
County Land Development Code in effect at the time of building permit application.
Development permitted by the approval of this petition will be subject to a
concurrency review under the Adequate Public Facilities Article 3, Division 3. I $ of
the Collier County Land Development Code or its successor provision at the time of
building permit issuance.
Do
All conditions imposed herein or contained on the Master Plan for ~
LakeSeu',Ev.~'o"~: PUD are part of the regulations which govern the manner in
which the site may be developed.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
6,'25,n)7- W-02370~03 .TLM
N0237-000-O00-PPUD
The project Master Plan, including layout of streets and use of land for the various tracts, is
illustrated graphically by Exhibit 'A', PUD Master Plan, (WMB&P, In, ~
NOV 1 8 1997
Accessory uses and structures customarily associated with travel trailer
recreational vehicle parks, including recreation and social facilities (both
indoor and outdoor), administration buildings, service/maintenance
buildings including bathrooms, storage (including RV and boat storage),
laundries and similar services for residents of the park.
Pedestrian and bicycle paths or other similar facilities constructed for
purposes of access to, or passage through the recreation and open space
Small docks, piers or other such facilities constructed for purposes of lake
recreation.
Accessory uses and structures customarily associated with travel trailer
recreational vehicle lots, including:
An enclosed utility/storage area not to exceed an area of one hundred
( 1 (I(Ix,-;..,,, rr.n~
· ,,,,_ ..... ~ ,,,,,j square feet. Any utility/storage area may be located
adjacent to its associated recreation vehicle in compliance with the
setbacks provided in Section 3.4.C of Ihis document. The
utility/storage area may be a continuous part of a screened-in porch
where such a porch is attached to the vehicle as herein provided.
(2)
An attached screened-in porch elevated or at ground level with a
solid roof structure, architecturally compatible with its associated
recreation vehicle, not to exceed an area equal to the area of the
recreational vehicle to which it is attached. Said screened-in porch
ma)' provide for any site utility/storage space requirements as herein
provided and shall not contain any other interior walls. All such
screened enclosures must be permitted and constructed according to
this Code and applicable building codes. No heating, air
conditioning or heater systems or parts of systems including ducts or
grills may be constructed or contained in such screened-in porch.
Exterior walls may be enclosed with vinyl windows, except that the
storage area may be enclosed with the same material as the principal
unit.
6/25/97-W-02370003.TLM
N0237-OO0-000-PPUD
A convenience commercial facility (including store, laundry and dry
cleaning agencies, beauty shops and barber shops) no greater than fifteen
thousand square feet (15,000) in total land area. This facility shall provide
for the exclusive sale of convenience items to park patrons only~ and shall
present no visible evidence of their commercial character, ir :ludin$o¥~
3-2
NOV 1 8 1997
,,f.
3.4
and lighting, from any public or private street or right or way external to the
park.
8. Water Management Facilities and lakes.
DEVELOPMENT STANDARDS
A. Mirdmum Lot Area: 2800 square feet, 5600 square feet for caretakers residence.
B. Minimum Lot Dimensions:
1. Width: Average of 40 feet
2. Depth: Average of 70 feet
C. Minimum Yards:
3.5
Front: Ten (10) feet
Side: Five (5) feet
Rear: Eight (8) feet, five (:5) feet for an enclosed utility/storage area
located on a TTRV lot.
From Exterior Boundary of Park: ' ~;a.. ,~
Thirty (30j .... a ~.~0) feet
From State Road 951 or Championship Drive: Fifty (50) feet
From Buildings or Structures: Ten (10) feet, no setback from an enclosed
utility/storage area adjacent to its associated recreation vehicle.
D. Maximum Height of Structures: Thirty (30) feet
REOUIRED FACILITIES
Co
Electricity, central water and sewer shall be available to each TTRV lot.
A trash container such as a dumpster may be located in areas easily accessible and
not obstructed by TTRV lots or the developer or property owners association may
contract with a solid waste collection and disposal service.
An enclosed space shall be open at all times wherein a portable fire extinguisher in
operable condition and first aid equipment is available and a telephone is available
for public use.
O'2997-W-0:23 ?0003 .TLM
3-3
1 8 ]997
ORDINANCE 97-
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLOPlDA, BY AMENDING THE OFFICIAL ZONING
ATLAS MAP(S) NUMBERED 1615N BY CHANGING
THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
PELICAN LAKE, FOR PROPERTY LOCATED ON THE
EAST SIDE OF SR-951, IN SECTION 15,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 101.3~
ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 92-78, AS AMENDED, THE
FORMER SOUTHWOODS PUD; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Bruce Tyson of Wilson, Miller, Barton & Peek, Inc.,
representing Pelican Lake Limited Partnership, petitioned the Board of
County Commissioners to change the zoning classification of the herein
described real property;
NOW THEREFORE BE iT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA;
SECTION ONE:
The Zoning Cias$1flca:ion of the herein described real property
located in Seczicn 15, Township 51 South, Range 26 East, Collier
County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as
Exhibit "A", which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Map(s) numbered 1615N, as described
in Ordinance Nu~er 91-102, the Collier County Land Development Code,
is hereby amended accordingly.
SECTION TWO:
Ordinance Nu~er 92-78, as amended, known as the Southwoods PUD,
adopted on October 20, 1992 by the Board of County Co~m~issioners of
Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this day of , 1997.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to Form and
Legal Sufficiency
County Attorney
BY:
TIMOTHY L. KANCOCK, Chairman
-2-
NO. ~
PELICAN LAKE
A
PLANNED UNIT DEVELOPMENT
101.3'+' Acres Located in Section 15
Township 51 South, Range 26 ~
Collier County, Florida
PREPARED FOR:
PELICAN LAKE LIMITED PARTNERSHIP
2330 W. JOPPA ROAD, SUITE 210
LU'HtERVILLE, MD 21093
PREPARED BY:
WILSON, MILLEK, BARTON & PEEK, INC.
3200 BAILEY LANE, SUITE 200
NAPLES, FLORIDA 34105
YOUNG, VANASSENDERP & VARNADOE
801 LAUREL OAK DRIVE, SUITE 300
NAPLES, FLORIDA 34108
JUNE, 1997
DATE REVISED ~
DATE REVIEWED BY CCPC ~
DATE APPROVED BY BCC ~
ORDINANCE NUMBER ~)2-78
AMENDMENT FILED~
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
I~0. ~
NOV 1 8 1997
,,._
TABLE OF CONTENTS
LIST OF EXH]BITS
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I o PROPERTY OWNERSHIP & LEGAL DESCRIPTION
SECTION II - PROJECT DEVELOPMENT
SECTION III - RECREATIONAL VEHICLE LAND USE
SECTION IV - CYPRESS PRESERVE
SECTION V ° GENERAL DEVELOPMENT COMMITMENTS
111
1-1
2-1
3-1
4-1
$-1
104,'~-:~q45 Va* O~*4lTrto*
AG£ £
LIST OF EXHIBITS
EXI-HBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
PUD MASTER PLAN AND CONCEPTUAL SURFACE WATER
MANAGEMENT PLAN (WMB&P, INC. FILE NO. RZ-206a)
AERIAL PHOTOGRAPH AND LOCATION MAP (WMB&P, INC. FILE NO.
R7.-206b)
BOUNDARY AND TOPOGRAPHIC SURVEY (WMB&P, INC. FILE NO. 4J-
241)
CONhMUNITY SERVICES MAP
LANDSCAPE BERM AND BUFFER STATE ROAD 951 AND MARRIOTr
CLUB DRIVE (CHAMPIONSHIP DRIVE) (WMB&P, INC. FILE NO. RZ-
206e)
Var
NOV 1 8 1997
STATEMENT OF COMPLIANCE
The purpose of this section is ~o express the intent of the WMBS&P Profit Sharing Plan and Trust,
hereinaRer referred to as the Developer, to create a Planned Unit Development (PUD) on 101.3')-
acres of land located in Section 15, Township 51 South, Range 26 East, Collier County, Florida.
The name of this proposed Project shall be PELICAN LAKE. The development of PELICAN
LAKE as a PUD will be in compliance with the planning goals and objectives of Collier County as
set forth in the Growth Management Plan. The development will be consistem with the growth
policies and land development regulations adopted thereunder of the Growth Management Plan
Future Land Use Element and other applicable regulations for the following reasons:
The subject property is within the Urban Residential Land Use Designation as identified on
the Future Land Use Map as required in Objective l, Policy $.1 and Policy 5.3 of the Future
Land Use Element.
The Future Land Use Element of the Growth Management Plan makes an exception of
Recreational Vehicle Campground or Parks from the density rating system applicable to all
other residential development, and specifically provides that the density prescribed in the
TTRVC zoning district is the density that is allowed. A PUD entirely devoted to
recreational vehicle development is for all intent and purposes equivalent to the TTRVC
zoNng district.
The project development is compatible and complementary to existing and future
surrounding land ases as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in substantial compliance with applicable land
development regulations as set forth in Objective 3 of the Future Land Use Element.
The project development will result in an efficient and economical extension of community
facilities and services as required in Policies 3.I.H and L of the Future Land Use Element.
The project development is planned to incorporate natural systems for wa~'r management in
accordance with theix natural functions and capabilities as may be required by Objective 1.5
of the Drainage Sub-Element oft.he Public Facilities Element.
IG'I,~-24/,SIS V~ OI'-.BTT~m
111
NOV 1 8 1997
The subject property is within the area encompassed by the Stipulation for Dismissal and
Settlement Agreement, dated July 20, 1992, between Deltona Corporation, various agencies
of thc State of Florida, conservation intervenors, and Collier County, hereina~er referred to
as the "Settlement Agreement."
SHORT TITLE
This ordinance shall be known and cited as the "PELICAN LAKE PLANNED UNIT
DEVELOPMENT ORDINANCE".
iv
NOV 1 8 1997
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
The purpos~ of this s~ction is to s~t forth the location and ownership of the propoTy, and to
describe the existing condition of the property proposed to be developed under the project
name of Pelican Lake.
1.2 LEGAL DESCRIPTION
The subject property being approximately 101.3 acres, is described as:
The south 1100 feet of the north %, of the north V~, of Section 15, Township 51 south,
Range 26 east, lying east of State Road No.951, Collier County, Florida.
1.3 PROPERTY OVv~NERSHIP
The subject property is currently under the ownership of Pelican Lake Limited Parmerstfip,
2330 W. Joppa Blvd., Suite 210, Lutherville, MD 21093.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
The project site is located in Section 15, Township 51 south, Range 26 east, and is
bordered on the west by State Road 951, on the north by undeveloped land and
Silver Lakes PUD, on the east by property zoned MHSD and on the south by
Championship Drive and Marco Shores PUD.
The reference and z~ning classification of the subject property prior to the date of
this approved PUD Document was Southwoods PUD.
1.5 PHYSICAL DESCRIPTION
The project site is located within South Florida Water Management District No. 6. Natural
drainage of the site is in a northeast to southwest direction. Sheetflow from the north is
collected by an interceptor ditch located in the Championship Drive right-of-way. This
interceptor ditch discharges south and west via the SR 951 right-of-way ditch and a
drainage pipe under Championship Drive discharging in Marco Shores PUD.
The proposed water management system will be the lake detention type.
1-1
NOV 1 ~ 1997
1.6
Vegetation on site is predominantly pine flatwoods. A small cypress area, to be preserved,
is located adjacent to the eastern property line.
Elevations within the site range from 2.3 to 3.1{ feet above mean sea level. Most of the site
averages an elevation of 3.0. Ail of the site is within Flood Zone AE7 according to FIRM
Map 120067 061SD.
PROJEC'TI' DESCRIPTIOI~
Pelican Lake PUD shall be a Recreational Vehicle (TTRV) park with associated facilities
which may include, but shall not be limited to, a clubhouse, associated recreational facilities
and customary accessory uses, a cypress preserve and open space as more specifically set
forth in Section 3 of this document.
1-2
NOV 1 8 1997
SECTION H
PROJECT DEVELOPMENT
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County. ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2
Ao
Regulations for development of Pelican Lake shall be in accordance with ',he
contents of this document, PUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code in
effect at the time of building permit application. Where these regulations fail to
provide developmental standards, then the provisions of the most similar district in
the County Land Development Code shall apply.
Unless otherwise defined herein, or as necessarily implied by context, the
del'tuitions of all terms shall be the same as the clef'tuitions set forth in the Collier
County Land Development Code in effect at the time of building permit application.
Development permitted by the approval of this petition will be subject to a
concurrency review under the Adequate Public Facilities Article 3, Division 3.15 of
the Collier County Land Development Code or its successor provision at the time of
building permit issuance.
Do
All conditions imposed herein or contained on the Master Plan for Pelican Lake
PUD are part of the regulations wtfich govern the manner in which the site may be
developed.
2-I
lOV 1 $1997 ,
;
2.3
2.4
2.5
DESCRIPTION OF PROJECT PLAN AND PROPOSED LAN'l) USES
The project Master Plan, including layout of streets and use of land for the various tracts, is
illustratcd graphically by Exhibit "A", PUD Master Plan, (WMB&P, Inc. Filc No. RZ-
206a). Minor variations to land use designations and acreage within thc project may be
permitted at final design to accommodate vegetation, encroachments, utilities, market
conditions, and other hereto unforeseen site conditions. The specific location, size, and
configuration of individual tracts or recreational vehicle sites shall be determined at the time
of site development plan approval in accordance with Article 3 Division 3.3 of the Collier
County Land Development Code, or its successor provision.
~ROJECT DENSITY
A maximum of 400 TTRV lots shall be constructed in the total project area. The gross
project area is approximately 101.3 acres. The gross project density, therefore, will be a
maximum of 3.9 units per acre.
pROJECT PLAN APPROVAL REOUIREMENTS
If TrRv lots are sold on a fee simple basis, the project shall follow the design and
development standards and review procedures in accordance with the requirements
established in Article 3, Division 3.2 of the Collier County Land Development Code
or its successor provision. The developer reserves the fight to request substitutions
to the standards set forth in applicable regulations.
If the project is operated ms a rental park (no fee simple sale of TTRV lots), the
project shall follow the standards and review procedures established in Article 3,
Division 3.3 of the Collier County Land Development Code, or its successor
provision.
Appropriate instruments will be provided at the time of infrastmctwal
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
2.6
Roads and other infrastmc~ may be either public or private, depending on location,
capacity, and design. The determination as to whether a road shall be public or private shall
be made by the developer, his successors or assignee at the time of County approval.
Standards for roads shall be in compliance with the applicable provisi~ ~
2-2
NO¥ 1 1997
2.7
2.8
2.9
2.10
2.11
regulatLng subdivisions, un]ess otherv, ise approved as a substitution during subdivision
approval. Standards for roads shall also be in compliance with the applicable provisions of
the Settlement Agreement. The Developer, his successors or assignee reserve the right to
request substitutions to Code design standards in accordance with Article 3, Division 3.2.,
Section 3.2.7.2 of the Collier County Land Development Code, provided the proposed
standards wotfld be consistent with the Senlement Agreement standards.
The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7 of the
Collier County Land Development Code may be reduced with the approval of Project
Review Services.
USE OF RIGHTS-OF-WAY
Utilization of the fights-of-way for landscaping decorative entrance ways and signage shall
be reviewed and approved by Project Review Services prior to any installations.
~,IODEL HOMES/SALES CENTER
Model homes and a Sales Center shall be permissible pursuant to the requirements of
Article 2, Division 2.6, Section 2.6.33.5 and Article 3, Division 3.2, Section 3.2.6.3.6, of the
Collier County Land Development Code or their successor provision.
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD Document or PUD Master Plan as provided in
Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code, or
its successor provision.
ASSOCIATION FOR COMMON AREA MAINTENANCE
If the property is to be subdivided into any individual tracts or lots to be transferred to
another entity, then in that event, the developer shall create a property owners association
whose function shall include provision for the perpetual care and maintenance of all
common facilities and open spaces subject further m the provisions contained herein. Said
property owners association shall provide resuicdve covenams concerning the use of the
common facilities and open space and shall provide an assessment process for funding the
maintenance and care of.said facilities.
2-3
NOV 1 8 1997
SECTION III
RECREATIONAL VEHICLE LAND USE
3.1
3.2
The purpose of this Section is to identify specific development standards for areas
designated on Exhibit "A", PUD Master Plan as Recreational Vehicle (TTRV), Recreation
and/or Open Space.
MAXI MLWI LOTS
3.3
The maximum number of TTRV lots allowed within the project is 400.
USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
VI' 01 ~-ITylal
A. Principal Uses:
Travel trailers, park trailers, truck campers, camping trailers, motor homes,
conversion van~ and any other recreational vehicle not specifically
mentioned, that is designed to provide temporary or seasonal living quarters
for recreational, camping or travel use: One (1) per lot, or site.
2. Commercial earthmining.
Any other use or service which is comparable in nature with the uses set
forth in 3.3.A.1. of this document and which the Development Services
Director detcm~es to be compatible in the district.
Accessory Uses:
Customary uses and structures that are accessory and incidental to thc uses
pertained as of right.
One (1) caretakers residence in conjunction with the operation ofthe park.
NOV 1 8 1997
o
Accessory uses and structures customarily associated with travel trailer
recreational vehicle parks, including recreation and social facilities (both
indoor and outdoor), administration buildings, service/maintenance
buildings including bathrooms, storage (including RV and boat storage),
laundries and similar services for residents of the park.
Pedes'u'ian and bicycle paths or other similar facilities constructed for
purposes of access to, or passage through the recreation and open space
Small docks, piers or other such facilities constru~ed for purposes of lake
recreation.
Accessory uses and structures customarily associated with travel trailer
recreational vehicle lots, including:
a)
An enclosed utility/storage area rot to exceed an area of one hundred
(100) square feet. Any utility/storage area may be located adjacent
to its associated recreation vehicle in compliance with the setbacks
provided in Section 3.4.C of this document. The utility/storage area
may be a continuous part of a greened-in porch where such a porch
is attached to the vehicle as herein provided.
b)
An attached screened-in porch elevated or at ground level with a
solid roof structure, architecturally compatible with its associated
recreation vehicle, not to exceed an area equal to the area of the
recreational vehicle to which it is attached. Said screened-in porch
may provide for any site utility/storage space requirements as herein
provided and shall not contain any other interior walls. All such
screened enclosures must be pein'fitted and consm~cted according to
this Code and applicable building codes. No heating, air
conditioning or heater systems or parts of systems including ducts or
grills may be constructed or contained in such screened-in porch.
Exterior walls may be enclosed with vinyl windows, except that the
storage area may be enclosed with the same material as the principal
unit.
A convenience commercial facility (including stor~, laundry and dry
cleaning agencies, beauty shops and barber shops) no grea~ than fifteen
thousand square feet (15,000) in total land area. This facility shall provide
for the exclusive sale of convenience items to park patrons on
present no visible evidence of theix commercial character, inclu,
3.2
NOV 1 8 1991
and lighting, fi.om any public or private street or right or way external to the
park.
$. Water Management Facilities and lakes.
3.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 2800 square feet, 5600 square feet for caretakers residence.
B. Minimum Lot Dimensions:
Width: Average of 40 feet
Depth: Average of 70 feet
C. Minimum Yards:
Front: Ten (10) feet
Side: Five (5) feet
Rear: Eight (8) feet, five (5) feet for an enclosed utility/storage area
located on a TTRV lot.
From Exterior Boundary &Park: Thirty (30) feet
From State Road 951 or Championship Drive: Fifty (50) feet
From Buildings or Structures: Ten (10) feet, no setback from an enclosed
utility/storage area adjacent to its associated recreation vehicle.
D. Maximum Height of Structures: Thirty (30) feet
3.5 REQLrIRED FACILITIES
A. Electricity, central water and sewer shall be available to each TTRV lot.
A trash container such as a dumps~er may be located in areas easily accessible and
not obstructed by TTRV lots or the developer or property owners association may
contract with a solid waste collection and disposal service.
An enclosed space shaJl be open at all times wherein a portable fire extinguisher in
operable condition and first aid equipment is available and a telephone is available
for public use.
3-3
NOV 1 8 1997
3.6
OFF STREET PARKING REOUIREMENTS
Parking for principal u.~s shall be as ~ forth in Article 2, Division 2.3, S~'tion 2.3.14 of
the Collier County Land Development Code or successor provision.
Parking for accessory uses may be compmed at 50% of the normal requirements se~ forth in
Article 2, Division 2.3, Section 2.3.14 of the Collier County Land Development Code, or
successor provision.
3.7 ItEQUIRED BUFFERS
Adjacent to State Road 951 and Championship Drive: An area not less than twenty
feet (20') in width shall be provided. This area shall include a landscaped area of
five feet (5') inside its entire length. The landscape plan for this area will be
determined at project plan approval in accordance with Section 2.5 A or B of this
document. The entire buffer area may be combined to achieve a visual screen
between State Road 951/Championship Drive and the TTRV park. A perimeter
berm and swale may be permitted within the buffer area.
Irrespective of the foregoing, a minimum distance of fifty (50) feet shall be
maintained between the proposed on-site road pavement surface running parallel to
S.R. 951 and the most easterly pavement surface on S.R. 951.
Bo
All other project boundaries: A buffer strip at least fifteen feet (15') wide in which
ornamental screening composed of structural or plant material shall be provided.
The landscape plan for this area will be determined at project plan approval in
accordance with Section 2.5A or B of this document. A perimeter berm and swvale
may be permitted within the buffer area. No buffer shall be reqUired between the
Cypress preserve and the project boundary.'
C. No buffer shall be required between recreation areas and TTRV lots.
Do
Required buffers shall be maintained and constructed in accordance with the
landscape provisions of Article 2, Division 2.4 of the Collier County Land
Development Code, or its successor provision.
3.8 OTHER STANDARDS
Standards for parking, landscaping, signage, lighting and other land uses
herein are to be in accordance with the Collier County Land Development
the time of Project Plan Approval as stipulated in Section 2.5 of this docurr
3-4
not specified
nt. ~'~
NOV i e 1997
3.9 pERMANENT LOCATION OF PARKJTTRV LrN"ITS
Recreational vekicles may be permanently located on a lot; however, no permanent
residency is allowed. A covenant running with the land shall be recorded in the Public
Records of Collier County referencing the PUD's restriction on permanent residency.
Compliance with this provision shall be insured by utilizing the following enforcement
measklres:
Lots rented: For those lots that are rented, the park manager shall maintain a
register of tenants or occupants of the park, noting the duration of the rental
arrangement. This register shall track the occupancy of rental lots, and shall be
provided to persons employed by Collier County, in an official capacity, upon their
request. Failure to provide said register, duly describing the persons who have
occupied a lot, and their occupancy shall be subject to the penalties prescribed by
Collier County.
Lots Sold: For those lots that are sold, the developer/owner of the lots shall include
in the sales contract a notice that current zoning regulations prohibits the use of the
lot for permanent occupancy. The new lot owner is responsible for registering his or
her arrival and departure from their unit with the manager of the park. Failure to
register will hold the new lot owner responsible for any penalties imposed by
Collier County.
3.10 PERM~,TNCY CONTINGENCY
If. after the approval of this PUD, Collier County adopts a policy or ordinance to allow
permanent occupancy of recreational vehicles in TTRVC or similar zoning districts, Section
3.9 of this PUD document shall become null and void.
3.11 FLOOD PLAIN ELEVATIONS
All travel trillers, park model travel trailers, recreational vehicles and accessory structures
shall meet flood plain elevation if permanently attached to the ground or utility facilities.
3.12 ANCHORING SEWER. WATER AND ELECTRICAL CONNECTIONg
Park model travel trailers must be anchored in accordance with the standards set forth in the
Collier County Mobile Home District (MH) and TTRVC District and other applicable
regulations and be connected to a public or private water and sewer system
such units must obtain electrical service directly fi.om the electric utilit
provide such service in Collier County.
NOV 1 8 1997
3.13
~ (Taken fi.om 1996 Supplement, Chaplet 320.01, Definitions, general.
Florida Statutes.)
A. Recreational Vehicle:
A trait primarily designed as temporary living quarters for recreational, camping, or
travel use, which either has its own motive power or is mounted on or drawn by
another vehicle.
B. Park Trailer:
A transportable unit which has a body width not exceeding 14 feet and which is
built on a single chassis and is designed to provide seasonal or tempomo' living
quarters when connected to utilities necessary for operation of installed fixtures and
appliances. The total area of the unit in a setup mode, when measu~d from the
exterior surface of the exterior stud walls at thc level of maximum dimensions, not
including any bay window, does not exceed 400 square feet when constructed to
ANSI A-119.5 standards, and 500 square feet when constructed to United States
Department of Housing and Urban Development Standards. The length of a park
trailer means the distance fi.om the exterior of the fi'ont of the body (nearest to the
drawbar ;md coupling mechanism) to the exterior of the rear of the body (at the
opposite end of the body), including any protrusions.
C. Travel Trailer (includes fifth-wheel travel trailer):
A vehicular portable unit, mounted on wheels, of such a size or weight as not to
require special highway movement permits when drawn by a motorized vehicle. It
is primarily designed and constructed to provide temporary living quarters for
recreational, camping, or travel use. It has a body width of no more than $1/2 feet
and an overall body length of no more than 40 feet when factory equipped for the
road.
D. Camping Trailer:
A vehicular portable unit mounted on wheels and constructed with collapsible
partial sidewalls which fold for towing by another vehiclc and unfold at the
campsite to provide temporary living quarters for recreational, camping, or travel
USC.
NOV 1 8 1997
Truck Carnp~:
A truck which is equipped with a portable unit designed to be loaded onto, or
aftlxed to, the bed or chassis of the truck and constru~ed to provide temporary
living quarters for recreational, camping, or travel use.
Motor Home:
A vehicular unit which does not exceed 40 feet in length and the height and width
limitations provided in S. 316.515, is a self-propelled motor vehicle, and is
primarily designed to provide temporary living quarters for recreational, camping,
or travel
Conversion Van:
A vehicular unit which does not exceed the length and height limitations provided in
S. 316.515, is built on a self-propelled motor chassis, and is designed for recreation,
camping and travel use.
Private Motor Coach
A vehicular unit which does not exceed the length, width and height limitations
provided in S. 316.515 (9), is build on a self-propelled bus type chassis having no
fewer than three load bearing axles, and is primarily designed to provide
temporary quarters for recreational, camping, or travel use.
3-7
blOV 1 8 1997
SECTION IV
CYPRESS PRESERVE
4.1
The purpose of chis Section is to set forth the development plan for the area designaw, d
Cypress Preserve on Exhibit "A", PUD Master Plan ~&P, Inc. File No. RZ-206a).
The primary function and purpose of this Tract will be to preserve and protect native flora
and fauna in its na~'al statc.
4.2
USES PEP~M'ITTED
No structure or part thereof, shall be erected, altered, or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. Open spaced'Nature Preserve
2. Boardwalks or pervious paths
4-I
~OV 1 8 1997
Pg.
SECTION V
GENERAL D£VELOPMENT COMMITMENTS
5.1
5.2
5.3
The purpose of this Section is to set forth the development commitments of the project.
Ail facilities shall be constructed in accordance with Final Site Development Plans, Final
Subdivision Plats and all applicable State and local laws, codes, and regulations in effect at
the time of each approval, except as otherwise noted herein. Except where specifically
noted or stated otherwise, as for matters addressed in the Settlement Agreement, the
standards and specifications of the official Collier County Land Development Code shall
apply to this project. The developer, his successors and assigns shall be responsible for the
commitments outl~ed in this document.
The developer, his successors or assignee shall agree to develop in accordance with Exhibit
"A", PUD Master Plan and the regulations of the PUD as adopted, and any other conditions
of modifications as may be agreed to for the rezoning of the property. In addition, the
developer gill agree to convey to any successor or assignees in title, any commitments
within this agreement.
p,l.. ,D, MASTER PLAN
Ao
Bo
Exhibit A, P.U.D. Master Plan (WMB&P, Inc. File No RZ-206a) is an illustrative
preliminary development plan. The design criteria and layout illustrated on the
Master Plan shall be understood to be flexible, so that, the final design may satisfy.
project criteria and comply with all applicable requirements of this ordinance.
Co
All necessary easements, dedications, or other insmmaents shall be granted to insure
the continued operation and maintenance of all service utilities.
Site design refinements shall be permitted subject to County staff administrative
approval, where such changes are consistent with the intent of this P.U.D. and do
not cause significant impact to surrounding properties. Amendments to the P.U.D.
Master Plan and document shall be accomplished in accordance with Article 2,
Division 2.7, Section 2.7.3.5. of the Collier County Land Development Code or its
successor provision.
5-1
NOV 1 8 1997 ,.
5.4
POLLING PLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land
Development Code or its successor provision, accommodation shall be made for the future
~ of building space within common areas for the ptuposes of accommodating the function
of an electoral polling place.
An agreement shall be recorded in the official records of the Clerk of the Circuit Court of
Collier County, which shall be binding upon any and all successors in interest that acquire
ownership of such common areas including, homeowners associations, or tenants
associations. This agreement shall provide for said community recreation/public
building/public room or similar common facility to be used for a polling place if determined
to be necessary by the Supervisor of Elections.
5.5 MONITORING REPORT
An annual mordtoring report shall be submitted pursuant to Article 2, Division 2.7, Section
2.7.3.6. of the Collier County Land Development Code or its successor provision.
5.6
TRANSPORTATION
The development of the PUD Master Plan shall be subject to and governed by the following
conditions:
ao
The Developer, his successors or assignee shall provide local level street lighting at
all project entrances.
The Developer, his successors or assignee shall be responsible for the payment of
impact fees for both the excavation phase of the development and for the lot
development at the rates and in the manner stipulated by Ordinance 92-22.
All entrance turning radii should be at least 50 feet to acco~te the larger
vehicles expected in this type of development.
Work within and improvements to S.R. 951 shall be coordinated with and l:mmfitted
by the Florida Department of Tmnstmrmtion-
5.7 WATER MANAGEMENT
The development of the PUD Master Plan shall be subject to and governed by the following
conditions: ,~¢r~v,~[¥ !
,o./~.~
°'"'"" s-2 NOV 1 8 1997
5.8
Ao
The Developer, his successors or assignee shall adhere to the requirements of
Exhibit E - "Conceptual Drainage Design Criteria" of the Stipulations for Dismissal
and Settlement Agreement dated July 20, 1982.
Should the South Florida Water Management District, or any other agency, during
its review process require significant changes to be made to the site plan and/or the
water management facilities, Collier County reserves the right to re-review the
project and have it heard by the Environmental Advisory Board.
A twenty (20) foot maintenance easement shall be provided to allow maintenance
access to the lake.
ao
A littoral shelf shall be provided on the lake equal to 10% of the shoreline. The
type, quantity and spacing of plants shall be submitted to Project Review Services
for approval.
The commercial excavation per, iit cannot be issued
Development Petition No. PUD-92-6 is approved by
Commissioners.
until the Planned Unit
the Board of County
The developmcnt of the PUD Master Plan shall be subject to and governed by the following
conditions:
Ao
Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, con.s'm~cted,
conveyed, owned and maintained in accordance with Collier County Ordinance No.
88-76, as amended, and other applicable County rules and regulations.
Co
All customers connecting to the water distribution and st '~,'age collection facilities to
be constructed will be customers of the County and will be billed by the County in
accordance with the County's established rates. Should the County not be in a
position to provide water and/or sewer service to the project, the water and/or sewer
customers shall be customers of the interim utility established to serve the project
until the County's off-site water and/or sewer facilities are available to serve the
project.
The on-site water distribution system to serve the project must be consistent with
the main sizing requirements specified in the County's Water Master Plan and
extended throughout the project. During design of these facilities, the following
features shall be incorporated into the distribution system:
AGEND&
.,
NOV 1
Dead end mains shall be eliminated by Io~ping the internal pipeline
network.
5.9
Do
Stubs for future sygem interconnection with adjacent properties shall be
provided at locations to be mutually agreed to by the County and the
Developer during the design phase of the project.
The existing off-site water facilities of the District must be evaluated for hydraulic
capacity to serve this project and reinforced as required, if necessary, consistent with
the County's Water Master Plan to insure that the District's water system can
hydraulically provide a sufficient quantity of water to meet the anticipated demands
of the project and the District's existing committed capacity.
Eo
The existing off-site sewage transmission facilities of the District must be evaluated
for hydraulic capacity to serve this project and improved as required outside the
projects boundary to provide adequate capacity to transport the additional
wastewater generated without adverse impact to the existing transmission facilities.
ENGINEERING
The development of the PUD Master Plan shall be subject to and govemed by the following
conditions:
Ao
The Developer, his successors or assignee shall adhere to all requirements of the
Dedication dated October 31, 1990 between Wilbur M. Christiansen, Jr. and Gary L.
Danca and Collier County as recorded in O.R. Book 1572, Pages 2253 through
2257.
5.10
Bo
The Developer, his successors or assignee shall adhere to all applicable
requirements of the Stipulation for Dismissal and Settlement Agreement dated Jul)'
30, 1982.
ENVIRONMENTAL
At such time as the Developer, his successors or assignee has prepared final construction
plans (site development plans, construction plans/plaO for any phase of the proposed
development, the Developer, his successors or assignee shall submit such plans to the
Florida Department of Environmental Regulation, South Florida Water Management
District. and the Conservancy Inc. in accordance with the provisions of the "Stipulation for
Dismissal and Settlement Agreement" dated July 20, 1982.
NOV 1 8 199 i
5.11
The Commercial Earth Mining and TTKV uses are to be independently subject to the time
limits set forth in Section 2.7.3.4 of the Collier County Land Development Code, so that
each use shall require compliance with said provision of the Land Development Code.
Should either primary use fail to meet the criteria .ret forth for project commencement in
earnest, then the entire PUD shall be subject to review under Section 2.7.3.4.
NOV 1 8 1997
.I,
I
N~V 1
{ '1
NC).
X
1_ 8 1997
MAI:=.
GDf, X3LETT£-
NAPLES
coL~q'rY
WATER
TRE'AT~
SUBJECT
PROPERTY
SHERIFF SUBSTATION o !
FIRE DEPARTMENT
scale:
SCHOOLS
I. LELY ELEMENTARY SCHOOL
2, EAST NAPLES MIDDLE SCHOOL
3. LELY HIGH SCHOOL
2 4
in miles
:"i'::
SOUTHWOODS
LA~DSCAPF.. BERM 8 BUFFER
.STATE ROAO 9C, I tS MARR)OTT CLU~ Ofb*V£
EXH~81T E
N~. ~
NOV 1 $1997
EXECUTIVE SUMMARY
PETITION NO. PUD-82-29 (3), ROBERT L. DUANE OF HOLE, MONTES & ASSOCIATES,
REPRESENTING C.C. NAPLES, INC., A DELAWARE CORPORATION AND JOHN N.
BRUGGER, TRUSTEE FOR A REZONE FROM "PUD" TO "PUD", PLANNED UNIT
DEVELOPMENT KNOWN AS THE RETREAT HAVING THE EFFECT OF AMENDING THE
RETREAT PUD FOR THE PURPOSE OF ALLOWING A CONTINUING CARE RETIREMENT
COMMUNITY INCLUSIVE OF SPECIALIZED HEALTH CARE LIVING UNITS ON TRACT 'B"
AND MAKING OTHER CHANGES TO THE AME~ED PUD WHILE CONSOLIDATING ALL
PREVIOUS AMENDMENTS INTO A NEW PUD DOCUMENT. THE TOTAL AU'IHORiZED
DWELLING UNITS REMAIN THE SAME AT 740 DWELLING UNITS. TI-{E RETREAT PUD
(A/K/A BENTLY VILLAGE) IS LOCATED ON THE WEST SIDE OF NORTH TAMIAMI TRAIL
(U.S. 41) AND EXTENDS WEST TO VANDERBILT DRIVE, APPROXIMATELY ~,4 MILE
NORTH OF WIGGINS PASS ROAD, IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 208 ACRES.
OBJECTIVE:
This petition seeks to amend The Retreat PUD for the purpose of adding as a permitted use Congregate
Living Facilities to Tract "B" of The Retreat PUD and to consolidate previous amendments while
generally updating the PUD document and master plan.
CONSIDERATIONS:
The Retreat PUD is located Mt}fin the Urban-Mixed Use -Urban Residentially designated area on the
FLUE Map to the FLUE. This is a policy statement to the effect that providing the standard criteria
supporting rezoning actions are present that land can be rezoned to an urban residential zoning
classification. When the current Retreat PUD was first approved these relationships were deemed to be
in place. A residential development of the type currently allowed and as amended remain consistent
with provisions of the FLUE.
Density - The Retreat PUD was approved for 740 dwelling units, the majority of which are now in
place. The PUD and its development strategy was deemed vested under the Zoning Re-evaluation
Program. The amendment represented by this petition will not increase the currently authorized number
&dwelling units.
The real effect on density is to significantly lower it because conventional housing units have a greater
impact on level of services as do the same number of assisted or congregate housing units. The Retreat
PUD as amended remains consistent with all applicable elements of the GMP.
NOV 1 8 1997
The essence of this rezoning petition is to provide for development of congregate living/assisted living
facilities in Tract "B" of The Retreat PUD. Heretofore, Tract "B" only authorized conventional
housing. All other revisions have their genesis in updating the format of the PUD to more closely
parallel tl',e format encouraged by staff.
The revisions to the PUD will have no effect on Tract "A" which is the only tract devoted to
conventional housing, except that Tract "A" property owners will reside in a development in which the
majority of residents are part of a managed care system. In reality, Tract "A" residents will lac less
impacted with internal traffic because the number of vehicle trip movemems generated by ALF's is less
than that for conventional multiple family housing. Land adjacent to Tract "B" will also not .s~ any
change as a result of the type of occupancy made of housing structures on Tract "B", which for all
practical purposes projects the same as conventional housing. The maximum height of buildings
remains the same ~-s is currently allowed (i.e. 3 stories above parking).
The Collier County Planning Commission heard this petition on October 2, 1997 and they unanimously
(7 to 0) voted to recommend approval. No one spoke or otherwise communicated any level of
objection to this petition.
HSCAL IMPACT:
None.
GROWTH MANAGEMENT I~IPACT:
None.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission recommends approval of Petition PUD-82-29 (3) having the
effect of replacing The Retreat PUD with another PUD reflecting amendments to the current
development strategy by allowing more assisted care housing as discussed by the draft Ordinance of
A~option and Exhibits thereto (i.e. PUD Document and Master Plan).
RONALD F. NINO, AICP DATE
CHIEF PLANNER
2
NOV 1 8 1997
~. ~
REVIEWED BY:
ROBI~RT .I. MU~FIERE, AICP
CURRENT PLANNING MANAGER
DONALD W. ARNOLD, AICP
VICE~ENT DIRECTOR
~'C~EI~T A. CAU~RO, ADM~IS~TOR DA~
COMM~ DEV. AND EN~ONMENTAL SVCS.
FU1~12.29 (3) EX SUMMAR¥/I:x:I
3
NOV ! 8 1991
AGENDA ITEM #7-L
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMA4UNITY DEVELOPMENT SERVICES DIVISION
DATE: August 29, 1997
RE: PETITION NO:
OWNER/AGENT:
PUD-E2-29(3), THE RETREAT
Agent:
C);;rncr:
Robert L. Duane, AICP
Hole, Montes & Associates, Inc.
P.O. Box 1586
Naples, Florida 34106
CC Naples, Inc., A Delaware Corporation
200 West Madison Street, Suite 2710
Chicago, IL 60606
(Contract Purchaser)
$ohn N. Brugger, Trustee
Forsyth, Brugger & Bourgeau
600 - 5"' Avenue South, Ste 207
Naples, Florida 34101
REOUESTED ACTION:
This petition seeks to have certain land currently zoned "PUD" Planned Unit Development district
rezoned "PUD" Planned Unit Development for the purposes of amending provisions of the Retreat
PUD specifically as they apply to the remaining vacant land. Even though technically this petition
constitutes a rezoning action, nevertheless, in fact it is an amendment to an existing PUD zoning
district and could just as easily be accomplished in a different form. The action of rezoning fi.om
''PUD" to "PUD" in this context is one of administrative convenience and emanates from our zoning
procedures.
NOV 1 8 1997
OF
yEx~CO
No
NOV 1 B
]97
PI.
............ ii* I I IIIII IIII I IllllI IIIr ---- II IIIIII
GEOGRAPHIC LOCATION:
The Retreat PUD is located between U.S. 41 N./N. Tamiami Trail and Vanderbilt Drive north of
Wiggins Pass Road and south of the north limit of Collier County (see illustration following page).
PURPOSE/DESCRIPTION OF PP, OJE~"I';
Provisions of Tract "B" of the Retreat PUD currently do not provide for any manner of "congregate
care living units". The primary thrust of the amendments to the Retreat PUD are aimed at allowing
the expansion of Bentley Village an existing Congregate Care Living complex in the Retreat PUD to
Tract B which currently only allows conventional housing units.
The following is a summary of principal changes proposed to the PUD to accommodate the
development plan for Tract B.
A six acre park Commons Area is proposed to be deleted from the PUD Master Plan for
Tract B and replaced with a golf course and other miscellaneous open space areas to meet
the needs of Bentley Village Residents, including an upland preserve area located
adjacent to U.S. 41, to preserve native scrub habitat.
In addition, a Commons Area comprising one acre is proposed to be added to the PUD
Master Plan for Tract (A) adjacent to an existing Commons Area, to further serve the
needs of Residents in Tract A, which is further described as Lot 16 in Unit One.
· An assisted Living Facility (ALF) is proposed to be developed on Tract B for an area
located adjacent to U.S. 41 on the .south side of Retreat Drive.
In addition to thc 180 independent living units, the Assisted Living Facility will comprise
36 Alzheimer's units and 48 Assisted Living Units and is similar to uses permitted on
Tract C (a non-profit medical care facility for members and residents only.)
The treatment of development intensities for the project is governed by the provisions of
Section 2.6.26 of the Collier County Land Development Code pertaining to Assisted
Living Facilities which establish a maximum floor area ratio of .45. The combined
square footage of both Independent Living and Assisted Living Facilities is about 470,000
S.F. for the planned project or a floor area ratio of.16 for Tract B. When the floor area of
development portions of Bentley Village Tracts C & D which are developed at a floor area
ratio of .24 is combined with the floor area proposed for Tract B, the total floor area is
about .20. This is less than half the .45 floor area permitted by the Collier County Land
Development Code.
An amendment is proposed to Section 2.5 of the PUD document Maximum Project
Density to reduce by eight dwelling units the density allocated to T~ act A,s~811l!Ih ~,$gdll~
proposed Common Area depicted on the PUD Master Plan to be adde~
of Tract A, therefore, will be reduced from 3.47 dwelling units per ~
units per acre and the density of Tract B will be increased from 2.64 units per acre to 2.'/6
units per acre. The total number of dwelling units permitted for the PUD will remain at
740 units or 3.55 dwelling units per acre, thereby not increasing overall project density, by
the transfer of density from Tract A to Tract B.
The minimum floor area for conventional housing unit types in Section 3.3 ofthe PUD is
proposed to be reduced from 1,200 to 900 S.F. for Tract B. Tract C is currently permitted
a minimum floor area of 750 S.F. The LDC generally permits a minimum floor area of
600 S.F. for I bedroom units and 750 S.F. for two bedroom multi-family units. Therefore,
the proposed reduction in floor area is in keeping with present County policy and greater
than the minimum floor area permitted on Tract C.
A reduction in the setback area in Section 3.3 of the PUD ordinance from 40 feet to 20
feet is also proposed adjacent to lake areas depicted on the PUD Master Plan to permit
flexibility in siting proposed dv,'elling units and to further permit reduction in impacts to
wetland areas.
Miscellaneous changes are also proposed to the PUD document to bring the existing PUD
into better compliance with current County policy as reflected in the LDC.
SURROUNDING LAND USE AND ZONING:
Given the nature of this zoning action the relationship of contiguous lands should have no bearing on
the amendments to the Retreat PUD. The basic residential housing characteristic remains the same
albeit more of that housing is directed towards a population with special needs.
GRO'~rH MANAGEMENT PL.,MN CO~$ISTI~N(~:
The Retreat PUD is located within the Urban-Mixed Use - Urban Residentially designated area on the
FLUE Map to the FLUE. This is a policy statement to the effect that providing the standard criteria
supporting rezoning actions are present that land can be rezoned to an urban residential zoning
classification. When the current Retreat PUD was first approved these relationships were deemed to
be in place. A residential development of the type currently allowed and as amended remain
consistent with provisions of the FLUE.
D_.e~..~it3, - The Retreat PUD was approved for 740 dwelling units, the majority of which are now in
place. The PUD and its development strategy was deemed vested under the Zoning Re-evaluation
program. The amendment represented by this petition will not increase the currently authorized
number of dwelling units.
The real effect on density is to significantly lower it because conventional
greater impact on level of services as do the same number of assisted or congrei
NOV 1 ti 1997
7
PI. ,
Amendments to the Retreat PUD will have no added effect on traffic and transportation related
issues, sewer and water utilities, or surface water management. The PUD Master Plan maintains its
surface water management requirements as required by County Code and requirements of the
SFW,'MD which is the primary permirting agency.
Conservation and Open Space requirements remain consistent with the amended plan. Appropriate
development commitments have been added to the PUD as a result of the recommendations of the
EAB. Actually, the a.mount of open space will increase as a result of the decision to add a nine (9)
hole golf course on Tract 'B" in conjunction with the residential development proposed for Tract "B".
In the opinion of staffthe Retreat PUD as amended remains consistent with all applicable elements of
the GMP.
HISTORIC/ARCItAEOLOGICA.L IMPACT:
Staff's analysis indicates that the petitioner's property is located within an area of historical and
archaeological probability as referenced on the official Collier County .nrobability Map. An
application for waiver of an historical and architectural survey was filed and approved.
Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing,
excavation or other construction activity an historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
.EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION/LND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staffresponsible for oversight related to the
above referenced areas of critical concern. This includes a review by the Community Devel~t
Environmental and Engineering staff, and the Transportation Serv/ce$ Division. Ther~ revie~'~ help
shape the content of the PUD Document and cause development commitments to be formulated to
achieve GM? and LDC requirements.
No issues were raised by reviewing staff members that were not resolved or o~ pro~d~ for in
the PUD document. The EAB reviewed this petition relative to their jurisdietio~l exnx:era~ o~
September 3, 1997 and recommended approval subject to inclusion of certain ~
commitments in the PUD. These commitments have been included in the PUD.
ANALYSIS:
This is a PUD amendment even though the process is one of rezoning the~
"PUD". When we use a rezoning process to accomplish a PUD amendment,
level of administrative convenience because it avoids the requirement to tract
relationship to the original document in order to understand the totality of the regulations as they
apply to the PUD zoning district. For this reason, staff is of the opinion that the required findings for
standard and PUD rezones do not apply in recognition of the fact that, when the property was initially
rezoned, the decision to approve the Retreat PUD was based upon a preponderance of evidence and
conditions which support the required findings for both standard and PUD rezoning actions.
The essence of this rezoning petition is to provide for development of congregate living/assisted
living facilities in tract B of the Retreat PUD. Heretofore, tract "B" only authorized conventional
housing. All other revisions have their genesis in updating the format of the PUD to more closely
parallel the format encouraged by staff.
The revisions to the PUD will have no effect on tract A which is the only tract devoted to
conventional housing, except that tract "A" property owners will not reside in a development in
which the majority of residents are part ora managed care system. In reality, tract "A" residents will
be less impacted with internal traffic because the number of vehicle trip movements generated by
ACFs is less than that for conventional multiple family housing. Land adjacent to tract "B" will also
not see any change as a result of the type of occupancy made of housing .~.'ructures on tract "B",
which for all practical purposes projects the same as conventional housing. The maximum height of
buildings remains the same as is currently allowed (i.e. 3 stories above parking).
The application to amend the Retreat PUD, presented a window to reassess environmental impaet~
and conformity to related LDC regulations. Consequently, related sections of the PUD were
amended to incorporate the recommendations of the EAB, and therefore, the PUD is more on target
insofar as preserving the integrity ofthe natural feature~ and wildlife as this applies to tract "B".
PUD development standards remain the same, except for a revision to the setback required from lake
areas, which is a setback of twenty (20) feet, and which is similar to the setback from lakes typical of
most PUD's. Revision to minimum floor areas for dwelling units in tract "B" will have no effect on
existing conventional condominium home owners, inasmuch as the change is specific to tract "B",
and in any event given the special nature of proposed housing the reduced floor area does not
necessarily reflect any perception that the quality of housing will be reduced.
STAFF RECOMMENDATION:
That the Collier County Planning Commission recommend approval of Petition PUD-82-29(3)
having the effect of replacing the Retreat PUD with another PUD reflecting amendments to the
current development strategy by allowing more assisted care housing as discussed by the draf~
Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan).
NOV 1 8 1997
PREPARED BY: ~ ~
CHIEF PLANNER
7
DATE
REVIEWED BY:
CURRENT PLA~;~UNG MANAGE~. ,,
DONALD V~. ARNOLD, AICP
PL~ SERVICES D.E?ARTMENT DIRECTOR
vrI~CENT A. CAUT~R0, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Petition Number PUD-82-29(3)
StaffReport for October 2, 1997 CCPC meeting.
DATE
DATE
COLLIER COUNTY PLANNIN~MMISSION:
MICHAEL A. DAVIS, C~
PUD.g2.29(3) STAFF REPORT/md
NOV 1 8 1997
I
Preserving and enl~nang FIo~ta°s ~ of life s~ce 19~
MONTES & ASSOCIATES, ff'~.
ENO~N£ERS Pr. ANNE,S SURVEYORS
May 28, 1997
Mr. Ronald Nino
Collier County Planning Services
Current Plaimi.ng Department
2800 North Horseshoe Drive
Naples, Florida 34104
SUBJECT:
The Retreat
HMA File No. 96.60
Dear Mr. Nino:
Please find enclosed 17 copies of a petition to amend the Retreat P.U.D. along with a check in
the amount of $2,525.00 to process the petition and the E.I.S.
1. Proposed Development
The proposed development is being acquired by the Owner of Bentley Village who intends to
add this property as an expansion of the current Bentley Village Program. The subject
property is located on the west side of U.S. 41, south of Audubon Country Club in Section 9,
R25E, T48S and comprises 20g acres in its entirety. (See attached location map.) The
proposed amendment principally affects Tract B of The Retreat, which comprises 68.87 acres
and is located south of Retreat Drive. (See attached P.U.D. Master Plan.) Tract B is the last
remaining undeveloped tract in the P.U.D., and is proposed to be developed with a nine (9)
hole golf course, l g0 Independent Living units, and an 84 unit Assisted Living Facility with
non-profit medical support to be developed on U.S. 41 similar to other auxiliary uses
permitted in the P.U.D.
Access to the subject property is provided from an existing entrance located on U.S. 41.
Sewer and water ~-'a'vice is presently provided by Collier County.
The project was previously permitted through the South Florida Water Management District,
and wetland areas are largely retained in their nattu'al state or incorporated into the water
management system, including a slough area located on eastern portions of Tract B.
?.ed TE~',?*'* ST~'EE? S. GLfr~ PC)~T O~lqCIt BOx ~
In summary, existing conditions on the subject property and surrounding land uses which
include Audubon Country Club to the north and residential develol:
place in Village Place P.U.D. to the south, are conducive to su~
IqOV 1 U 1997
Mr. Ronald Nino
The Retreat
HMA File No. 96.60
May 28, 1997
Page 2
development which is compatible with adjacent land uses, based upon the development
envelope proposed.
P_roposed Amendment Request
The proposed amendment request is being submitted one week prior to the adoption of
pending criteria to the LCD for Adult Living Facilities. Section 2.6.26. The request, as
proposed, can comply with either the existing or proposed criteria of the LDC pertaining to
such uses.
The following is a summary of principal changes proposed to the P.U.D. to accommodate the
development plan for Tract B.
A six acre park Commons Area is proposed to be deleted from the P.U.D. Master Plan for
Tract B and replaced with a golf course and other miscellaneous open space areas to mee~ the
needs of Bentley Village Residents, including an upland preserve area located adjacent to
U.S. 4 l, to preserve native scrub habitat. (See attached current P.U.D. Mas~er Plan for The
Retreat.)
In addition, a Commons Area comprising one acre is proposed to be added to the P.U.D.
Master Plan for Tract (A) adjacent to an existing Commons Area, to further serve the needs
of Residents in Tract A, which is further described as Lot 16 in Unit One. (See proposed
P.U.D. Master Plan.)
An Assisted Living Facility. (ALF) is proposed to be developed on Tract B for an area located
adjacent to U.S. 4I on the south side of Retreat Drive. (See proposed P.U.D. Master Plan.)
In addition to the 180 independent living units, the Assisted Living Facility will comprise 36
Alzaheimers units and 48 Assisted Living Units and is similar to uses permitted on Tract C (a
non-profit medical care facility for members and residents only.)
The treatment of development intensities for the project is governed by the provisions of
Section 2.6.26 of the Collier County Land Development Code pertaining to Assisted Living
Facilities which establish a maximum floor area ratio of .45. The combined square footage
of both Independent Living and Assisted Living Facilities is about 470,000 S.F. for the
planned project or a floor area ratio of .16 for Tract B. When the floor area of developed
portions of Bentley Village Tracts C & D which are developed at a floor area ratio of .24
NOV 1 8 1997
Mr. Ronald Nino
The Retreat
HMA File No. 96.60
May 28, 1997
Page 3
Ill
(according to correspondence dated March 13th from Ron Nino to Robert J. Mulhere) is
combined with the floor area proposed for Tract B, the total floor area is about .20. This is
less than half the .45 floor area permitted by the Collier county Land Development Code.
An amendment is proposed to Section 2.5 of the P.U.D. document Maximum Project Density
to reduce by eight dwelling units the density allocated to Tract A, which is the proposed
Common Area depicted on the P.U.D. Master Plan to be added. The gross density of Tract
A, therefore, will be reduced from 3.47 dwelling units per acre to 2.75 dwelling units per acre
and the densiv/of Tract B will be increased from 2.64 units per acre to 2.76 un~ts per acre.
The total number of dwelling units permitted for the P.U.D. will remain at 740 units or 3.55
dwelling units per acre, thereby not increasing overall project density, by the transfer of
density from Tract A to Tract B.
The minimum floor area for conventional housing unit types in Section 3.3 of the P.U.D. is
proposed to be reduced from 1,200 to 900 S.F. for Tract B. Tract'C is currently permitted a
minimum floor area of 750 S.F. The LDC generally permits a minimum floor area of 600
S.F. for I bedroom units and 750 S.F. for two bedroom multi-family units. Therefore, the
proposed reduction in floor area is in keeping with present County policy and greater than the
minimum floor area permitted on Tract C.
A reduction in the setback area in Section 3.3 of the P.U.D. ordinance from 40 feet to 20 feet
is also proposed adjacent to lake areas depicted on the P.U.D. Master Plan to permit
flexibility in siting proposed dwelling units and to further permit reduction in impacts to
wetland areas.
· Miscellaneous changes are also proposed to the P.U.D. document to bring the existing P.U.D.
into better compliance with current County policy as reflected in the LDC.
3. Compliance with the Growth Management Plan
The proposed plan is consistent with Policy 5.8 of the Collier County Growth Management Plan
which permits care facilities within the Urban Designated Area subject to regulations contained
in the LDC which the subject property fully complies with.
AG£NDA. ~'F.~
I~OV 1 8 1997
Mr. Ronald Nino
The Retreat
HMA File No. 96.60
May 2g, 1997
Page 4
4. Trar~portation Impacts
As part of this zoning petition, a waiver from the requirement to prepare a Traffic Report is
requested. The basis for this request is that the number of dwelling units proposed will not be
exceeded for the project as a whole or for the subject property. Therefore, any new prcject
impacts resulting from the proposed development are principally related to the addition of the 84
unit ALF proposed to be developed along U.S. 41.
According to the 5th addition of THp Generation prepared by the Institute of Traffic Engineers.
such facilities typically generate 2.1 trips per unit per day on an average daily basis according to
ITE. Therefore, new trip generation is ±176 trips per day, although arguably less because of the
inclusion of Alzheimers Care Units.
The present design capacity of U.S. 41, although approaching its design capacity of 40,900
vehicular per day at Service Level C, will not be significantly impacted by the proposed
development of ALF uses which will utilize only .043% of the design capacity of U.S. 41. The
proposed new development intensity is, therefore, far below 5% of Service Level C of U.S. 41,
which is the County's standard as set forth in the Transportation Element of the Collier County
Grovah Management to determine projects with significant impacts.
Environmental Conditions
The proposed plan. as previously noted, retains the C.,,~ress Slough located along the eastern
portion of Tract B. which comprises the most sensitive wetland areas for the site. An additional
upland preserve area is retained along U.S. 41 with rare and unique endangered scrub habitat.
The proposed development plan, while preserving the majority of quality wetland areas, does
include minor impacts (less than 3 acres) to isolated wetlands primarily located to the west of the
slough area on Tract B depicted on the P.U.D. Master Plan. A detailed analysis of endangered
species, and impacts to vegetation communities is contained in the attached E.I.S. for the subject
property.
In summary, the proposed petition to amend The Retreat P.U.D. can be found to be in
compliance with the Collier County Gro~ Management Plan and all applicable provisions of
the LDC. For this and other reasons sefforth in the technical justification for the project, I
,Ell
Im
Ii
II
Mr. Ronald Nino
The Retreat
HMA File No. 96.60
May 28, 1997
Page $
believe it is worthy of your favorable consideration. Also find attached a letter from The
Commons Homeowner~ Association supporting the proposed rezoning reque~. Ii' you ~equire
any additional information pertaining to this project, please don't hesitate to con~'t me.
Very truly yours,
HOLE, MONTES AND ASSOCIATES, INC.
Robert L. Duane, A.I.C.P.
Planning Director
RLD/dj
Bruce Anderson
Jens.' Falcon
NOV 1 8 1997
IXIN[R.! If1 A~.~JC. IATION
Retreat Driv,,~t201.N~ol~, Flnrt~a
Claooic Rccidcnce by ~¥att
200 W. Ma~icon S=., STE 2710
~ht~ago, I1 60606-3416
Our ~oard of Di~octors and Z unanimously suppor~ t~o plann*d
expansion o~ =~e ~en~ey ¥~la~e Ret~reme~ Community comDLex.
~incereiy,
Frank I~. Carroll
President, l~et~eat
CO~O0 ~1 ASsociation
Naples, FLorida 34110
~lOV 1 ~, 1997
PETITION NUMBER
DATE
ECF.. VED
APPLICATION FOR PUBLIC }FEARING
FOE
~EZONE AND CONDITIONAL U$~ REOUESTS JUN 03
pLAI,~ED UNIT D~PMENT REOUESTS
COMITY D~PM~T D~SION
~~T P~IN~
Name of Applicant(~') CC-Naples. Inc.. A Delaware Corporation
Applicant's Mailing Addres~ 200 Wes~
City ch~ ~n State IL zip 60606
Applicant's Telephone Numar: Re~.: Bu~.:
Is the applicant the owner of the subject property?
Yes X No
(a) If applicant is a land trust, so indicate and name
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 o~ners 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.
3bhn N. Bruiser, as trustee under land trust agreement dated November 17, 1987
c/o Forsy=h, Brugger & Bourgeau, 600 5=h Avenue South, See. 207, Naples, Florida 339&0
(If space is inadequate, at=ach on separate page.)
2. Name of Agent Robert Duane
Firm Role, Montes & Associates, Inc.
Agents Mailing Address PO Box 1586
City Naples
Telephone Number: Res'.:
State
BUS.:
zip
NOV 1 1997
DETAILED LEGAL DESCRIPTION OF THE pROPERTY COVERED BY
APPLICATION (If space is inadequate, attach on separate page.
If request involves change to more Than one zoning disT_ric~,
include separate legal description for property involved in
each district. If property is odd-shaped, submit 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 p~QUIRED.
SECTION 9 TOWNSHIP T&86 RANGE 25E
S~.e attached legal dtsc~l~:ion
Size of property 19&l ft. X 203 ft. Acres 208
Address or location of subject property
'&es: side US 41 $ou~ o.~ Audubon Country Club
Existing land elevation +-10 County Flood Criteria
Elevation A-E-(Il)
a. Date subject property acquired ( ) or leased ( }:
day of , 19
Tern of lease yrs./mos.
b. If, Petitioner has option to buy, indicate date of
option: and date option terminates:
Does property owner own contiguous property to the subject
property? If so, give complete legal description of entire
contiguous property. (If space is inadequate,' attach on
separate page).
THIS APPLICATION IS INTENDED TO COVER: (Check which type of
petition your are requesting):
A. REZONING: PRESENT ZONING PUD REQUESTED ZONING PUD
FOR ~ulci-Family, ALF and Golf
B. CONDITIONAL USE N/A OF ZONING FOR
NOV 1 b 1997
;.
REASON ~Y APPLICATION SHOULD BE APPROVED (Attach additional
shee~s if necessary):
IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS?
__Yes ~ .No
IF YES, PROVIDE COPY OF THE DEED RESTICTIONS.
12. IS THIS REQUEST A RESULT OF A VIOLATION? NO IF SO, TO
WHOM WAS THE NOTICE SERVED?
13. HAS A PUBLIC HEARING BEEN MELD ON THIS PROPERTY WITHIN THE
LAST YEAR? IF SO, IN WHOSE NAME? NO
14. ARE THERE EXISTING STRUCTURES ON THE PROPERTY? ¥£$ TYPE:
CBS x FRAME , MOBILE HOME , oT~ER
NOV 1 1997
We, CC-Naples, Inc., a Delaware corporation being first duly sworn, depose and say that I
am a Contract Purchaser 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 par~ of this application, ar~ honest and true to the
best of our knowledge and belief. I understand this application must be completed and accurate
before a hearing can be advertised. I further permit the undersigned to act as our agent ruprescntative
in any matters regarding this Petition.
SiqA J;e of Con 7 t
State of.lq~i~a- ILLI NIOI~
County of Go14¢~ C...O0/~
.~..~~. Representative
_ The forgoing Application was acknowledged before me thisg-"r"d-ay__ of ~,4'ff , ~
by,.%t.~ K~to ~'0 0~,.¢4x./ , who is personally known to me or who has produced --"----'
as identification and who did (did not) take an oath.
(Sigff'ature of Notary Public)
SEAL
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission f~.
My Commission Expires:
NOV 1 8 1997
AFFIDAVIT
We. John N. Brugger, as Trustee under Land Trust Affreement dated November 17, 198/
being first duly sworn, depose and say that I am are the owners of the property described herein an
which is the subj~t matter of the proposed hearing; that ~1 the answers to the questions in this
application, and ~1 sketches, data, ~d other supplementary mat~er at~ached to and made a part of
this application, ar~ honest and true to the best of our knowledge and belief. I understand this
application must be completed ~d ~ccurate before ahe. aring can be ~Ivenised. I further permit the
Contract Purchaser to file this Application and to ~t as our representa:ive in any matters regarding
this Petition.
State of Florida
County of Collier
The foregoing Application was ackno~l.e~:t~d before me this'.)z/ day of n-~ t~
byS'<~.~ a 6-c/c, ~ c...-- , who i~ to me or who has produced~/t'~'
as identification a~d who did (did not) ta.~-~-~--oath.
~gnature of Notary Public)
SEAL
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission f#
My Commission Expires:
5
N0¥ 1 8 1~7
We, The Retreat Homeowners Association being first duly sworn, depose and say that I am
an interested pan-y to the property described herein and which is the subject matter of the proposed
hearing; that all the answers to the questions in flais application, and all sketches, data, and other
supplementary matter ana:hed to and made a part of this aI~lication, are honest and true to the best
of our knowledge and belief. I understand this application must be completed and accurate before
a hearing can be advertised. I further consent to the Contract Purchaser's filing of this Application
_~o act as our ~presentative in any matters regarding this Petition.
~;igna,ure of The Re!re.~t \
Homeowners Assoclatxon
State of Florida
County of Collier
.~The foregoin~z Application was acknowledged before me this ~._~_. d~ay of
a~ id'id~'~tification a~o''wh° did (did not)ta.~e an oam.
SEAL
/77 7
.T~-
NOTARIAL SEAl.
Margaret E. Miller. Notary Public
York. York County
NOTARY PUBLIC
Serial/Commission f#. ~ ~
My Commission Expi;¢s:
6
ORDINANCE 97-
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND
DEVI~LOPMENT CODE, WHICH INCLUDES THE
COMPP~EHENSIVE ZONING REGULATIONS FOR THE
UlgiNCORPORATED ARF. A OF COLLIER COUNTY,
FLORIDA, BY A~NDING THE OFFICIAL ZONING
ATL;%S F~%P NLT~E~ED 8509S BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED RF.%L PROPERTY FROM "PDP' TO
"PUD" PLAN~DUNIT DEVELOPM]SNT KNOWN AS
THE RETREAT PUD, FOR PROPERTY LOCATED ON
THE WEST SIDE OF NORTH TAMIAMI TRAIL
(U.S. 41N] AND EXTENDING WEST TO
VANDERBILT DRIVE APPROXIMATELY ~ MILE
NORTH OF WIGGINS PASS RO;tD, IN SECTION 9,
TO~7;SHIP 48 SOUTH, RA~GE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 208 ACRES
MORE OR LESS; PROVIDING FOR THE REPEAL OF
ORDINANCE ~TJMBER 82-97 AS A~NDED, THE
FORMER RETREAT PUD; ARD BY PROVIDING AR
EFFECTIVE DATE.
WHEREAS, Robert L. Duane of Hole, Montes & Associates,
representing C.C. Naples, Inc., a Delaware Cor~oration and John N.
Brugger, Trustee, petitioned the Board of County Commissioners to
change the zoning classification of the herein described real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COM~ISSIONER~
OF COLLIER COUNTY, FLORIDA; ~
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 9, Township 48 South, Range 25 East, Collier County,
Florida, ~s changed from "PUD" to "PUD" Planned Unit Development in
accordance with the PUD Document, attached hereto as Exhibit "A", which
is incorporated herein and by reference made part hereof. The Official
Zoning Atlas Map numbered 85095, as described in Ordinance Nun~er
91-102, the Collier County Land Development Code, is hereby amended
accordingly.
SECTION TWO:
Ordinance Nu~aber 82-97, as amended, known as the Retreat PUD,
adopted on October 26, 1982, by the Board of County Commissioners of
Collier County, is hereby repealed in its entirety
-1-
NOV 1 $1997
SECTION THREE:
This Ordinance shall become effec=ive upon filing wl=h =he
Oepar=men= of S~a=e.
PASSED AND DULY ADOPTED by =he Board of Coun=y Comissioners of
Collier County, Florida, ~his day of , 1997.
ATTEST:
D~iG~T E. BROCK, CLERK
BOARD OF CObNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
MARJO~IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
BY:
TIMOTHY L. ~ANCOCK, C~IAI}~4AN
-2-
NOV 1 8 1997
THE .RETREAT AT NAPLES
PLANNED UNIT DEVELOPMENT
AMENDMENT
Prepared by:
Hole, Montes & Associates, Inc.
715 Tenth Street South
Naples, Florida 34102
Tel. (941) 262-4617
October, 1997
HMA File No. 96.60
TABLE OF CONTENTS
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION 10
Exhibit A
Exhibit B
Statement of Compliance
Property Description and P.U.D. Master Plan
Land Use Regulations For Tracts A, B, & C
Land Use Regulations for Tract D
General Development Standards
Environmental Standards
Utility Standards
Engineering Standards
Roadway Improvement Standards
Exceptions to Subdivision Regulations
P.U.D. Maser Plan
Legal Description
W:\ 199~96060~KLD~U'IYsTOC.DOC
HOV 1 8 1991
_STATEMENT OF COMPLIANCE
The development of' 208.51 acres in Section 9, Township 48 South, Range 25 East, known as
The Retreat at Naples Planned Unit Development, is in compliance with the planning goals and
objectives of the Collier County Growth Management Plan, based on the following reasons:
1.1
The proposed plan is consistent with Policy 5.8 of the Future Land Use Element of the
Collier County Growth Management Plan which permits care facilities within the Urban
Designated Area subject to regulations contained in the LDC which the ~bject property
fully complies with.
1.2
Changes to PUDs approved prior to adoption of the Growth Management Plan and found
to be consistent through the County's Zoning Re-evaluation program are permitted by
Future Land Use Policy 5.I provided that density or intensity of development is not
increased and this PUD change does not represent such an increase.
1.3
The land use densities for the subject property have been determined to be consistent With
the Collier County Growth Management Plan through the County's Zoning Re-evaluation
program in accordance with Policy 3. I K, of the Future Land Use Element of the Collier
Count). Growth Management Plan.
1.4
The project is planned to incorporate natural systems, into the water management plan to
enhance their natural functions.
1.5
The project will be served by a complete range of services and utilities approved by the
County.
1.6
The project shall be in compliance with all applicable County regulations, including the
Collier Count), Growth Management Plan.
1.7
The project is compatible with adjacent land uses through the internal arrangement of
structures, the placement of land use buffers, and the proposed development standards
contained herein.
-1-
NO, ~
,.
NOV .1,. 8 1997
,,,._..z? _
PROPERTY DESCRIPTION AND
¥.U.D. MASTER PLAN~
2.1
2.2
2.3
2.4
The purpose of this Section is ~o set foruh the location of the property, and to describe the
exist~g conditions of the property proposed to be developed.
_LEGAL DESCRIPTION
See Attached.
G~NERAL DESC~PTION-
A. The project site contains approximately 208.51 acres and is located in Section 9,
TownsSip 48 South, Range 25 East, which is approximately 3/4 of one (1) mile
North of Wiggins Pass Road and runs from US 41, west to County Road 901
(Vanderbilt Drive). (See attached legal description Exhibit B.)
The following are general provisions applicable to the PUD Master Plan:
Bo
Co
D°
Regulations for development of The Retreat Planned Unit Development shall be
in accordance w4th the contents of this document, the PUD - Planned Unit
Development District and other applicable sections and parts of the Collier
County LDC in effect at the time of building permit application. Should these
regulations fail to provide specific developmental standards, then the provisions
of the most similar zoning district in the Collier County LCD shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the
del'tuitions set forth in the LDC in effect at the time of building permit
application.
All conditions imposed and all graphic material presented depicting rc~ulctions
for the development of The Retreat Planned Unit Development shall become part
of the regulations which govern the mamaer in which this site may be developed.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of the Adequate Public Facilities
Division 3.15 of the LDC at the earliest or next to occur of ~lmer ~~,
°2°
ROY 1 8 ]997
2.5
approval, Final Plat Approval, or building permit issuance applicable to this
development.
MAXIMUM PROJECT DENSITY
TRACT A 178 Units
TRACT B 190 Unit~'
TRACT C 234 Units
TRACT D 138 Units
TOTAL 740 Units
3.01 Units Per Acre
2.76 Unit~ Per Acre
5.85 Units Per Acre
2.99 Units Per Acre
3.55 Units Per Acre
53.55 Acres
68.87 Acre~
39.99 Acr~
46.10 Acres
208.51 Acres
Total dwelling count Tracts A, B, C and D not to exceed 740 units.
'The development of Assisted Living Facilities on Tract B shall be in conforman~ with
the requirements of Sections 2.6.26 of the Collier County Land Development Code that
permit a maximum floor area ratio of .45.
2.6
~'ROJECT PLAN AND LAND USE TRACTS
The Project PUD Master Plan, including layout of streets of the various tracts is
illustrated graphically by Exhibit "A'. There shall be four (4) land use tracts, plus
necessary street rights-of-way, the general configuration of which is also illustrated by
Exhibit "A."
-3-
NOV 1 8 1997
S£CTION ~
[.,AND USE REGULATIONS FOR TRACTS A, B & C
3.1
3.2
3.3
PERMI'VFED USES FOR TRA~TS A, B & C
TRACT A: Multi-family dwellings, recreation areas and facilities.
TRACT B:
Multi-family dwellings, attached and detached patio-homes/villas, and
detached single family homes, private recreation areas and facilities,
recreation clubs and Assisted Living Facilities as an auxiliary use
including a non-commercial (non-profit) health eaze facility for
residents/members and their gues~ only to provide medical and general
services for residents and members.
TRACT C:
Multi-family dwellings, recreation facilities and auxiliary uses including a
private non-commercial (non-profit) health care facility for members,
residents only and a private club and restaurant for residents, members and
their guests only, as well as the provision of an on site non-profit medical
and general services facility for members and residents.
pERMITTt~D ACCESSORY USES AND STRUCTURES
TRACTS A, B, AND C:
Accessory uses and structures customary in Planned Unit Development residential
neighborhoods; recreation facilities, including a nine (9) hole golf course, which are
accessory to individual building sites, groups of building sites, or residences, grounds and
equipment maintenance, laundry and housekeeping buildings.
DEV~LOP~ENT STANDARDS
Minimum Lakefront Setback:
20 feet bom Lake Boundary reg~dless
of presence of bikeways or walkways.
Tracts A, B and C:
Minimum Commons front Setback:
25 feet from Commons boundary lines.
Minimum setback bom Retreat
Drive:
25 feet.
Minimum setback from U.S. 41
40 feet.
NOV 1 8 1997
3.4
Minimum setback from cul-de-sac
and loop access drives:
Minimum building separation:
Minimum dwelling unit floor areas:
Maximum height of principal
sLructures:
Minimum offstreet parking:
Principal buildings: 25 feet
Parking structures: None
(Covered and uncovered parking may
be integral with access drives)
One-half the sum of the heights of
adjoining buildings.
Tract A: 1200 sq. ft.
Tract B: 900 sq. ft.
Tract C: 750 sq. ft.
3 living stories
(Ground floor parking may occur under
the first living story.)
2 spaces per dwelling unit.
RECREATIONAL AREAS
TRACTS A & B:
Recreation commons areas and indicated on the PUD Master Plan.
TRACT C:
One recreation area to serve proposed dwelling un/ts as indicated on the PUD Master
Plan.
-5-
NOV 1 8 1997~
SECTION 4
lAND USE REGULATION_S FOR T_PACT D
4.1
4.2
4.3
?uRPos'!
The pm'pose of II-,is Section is to indicate the developmenl plan and regulations for
Tract D.
PERMiTFED ._U~ES _FOR TRACT D
TRACT D: Multi-family dwellings, recreation facilities and auxiliary uses including a
private non-commercial (non-profit) health care facility for
members/residents only and a private club and restaurant for
members/residents and their guests only, as well as the provision on site
on a non-profit basis of medical and general services for members and
residents.
PERMITTED
TRACT D:
ACCESSOP. Y USES AND STRUC'FURES FOR TRACT D
Accessoo' uses and structures customary in Planned Unit Development
residential neighborhoods; A child care facility as an accessory use ~vithin
the Bentley Village Health Care Facility II; recreation facilities which are
accessory to individual building sites, groups of building sites or
residences, or The Retreat project as a whole; grounds and equipment
maintenance facilities on maintenance sites; golf course and associated
pro-shop and golf course amenities and other customary, accessory uses of
golf courses.
'I'he above-referenced child care facility shall meet the following
requirements:
The use of the child care facility shall be restricted to employees only, and shall
be non-profit in narare.
The child care facility shall provide a 4-foot high non-gated fence around the
entire outdoor recreation play areas. The only access to the play areas shall be via
the ct'dld care facility.
The child care facility shall comply with the State of Florida, Department of
Health and Rehabilitative Services Child Day Care Standards Chapter 10M-12,
Florida Adm-finistrative Cod:, as rnay be amended from time to time.
-6-
NOV 1 8 1997
4.4 DEVELOPMENT STANDARDS
Minimum Lakefront Setback:
Minimum Commons front Setback:
Minimum setback fi'om Retreat
'Drive:
Minimum setbac[< from U.S. 41
Minimum setback frorn cul-de-sac
and loop access drives:
Minimum building separation:
Minim,an dwelling unit floor areas:
Minimum offstreet parking:
Tract D: 20 feet from Lake Boundary
regardless of presence of bikeways or
walkways.
25 feet fl',om Commons boundary lines
as indicated on plat.
25 feet.
40 feet.
Principal buildings: 25 feet
Parking structures: None
(Covered and uncovered parking may
be integral with access drives)
One-half the sum of the heights of
adjoining buildings.
Tract D: 750 sq. ft.
2 spaces per dwelling unit.
4.5
RECREATIONAL AREAS
TRACT D: Recreational common.s and nine (9) hole golf course.
-7-
NOV 1 8 1997
SECTION 5
GENERA[. DE'~ t-.LOPMEN I STANL AR1).~
5.1
D~,'k ELLP.~G U,,~IT DISTPdBUI ~ON
Dwellin,rl mnJt distribution throughout Th.,e Retreat project shall occur as indicated on the
PUD Master Plan. Upoil site plan approval by the Director of the Departrnent of
Con,znunJU' Developn:ent, ct~anges in the number of dwelling units permitted on
individual building si?.es, arieL/or in individual building site boundaries, shall be permitted,
so long as the total project dwelling unit count does not exceed 740, exch,-sive of Assisted
Living Faciiities which are limited to an F.A.R. of .45 in accordance with Section 2-5 of
this ordinance. '
5.2
5.3
5.4
5.5
SITE CLEARING AND DRAINAGE
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Collier County LDC and the standards and commitments of this document at the
time of construction plan approval.
EASEME:','TS FOR UTILITIES
Easements, where required, shall be provided for water managernent areas, utilities and
other purposes as ma.,,' be required by Article 3 of the Collier Count)' LDC.
Ail necessary easements, dedications or other instruments shall be granted to ensure the
continued operation and maintenance of all services and utilities to insure compliance
with applicable regulations in effect at the time, construction plans, site plans or plat
approvals are requested, in accordance with Article 3 of the Collier Count3' LDC.
AMENDMENTS TO THE ORDINANCE
The PUD Master Plan shall be understood to be flexible so that the £mal design ma)' best
satisfy the project, the neighborhood and the general local enviromnent.
Amendments to this ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the
Collier C'om,.D' LDC, at the time the amendment is requested.
PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen ma:erial and its stockpiling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted. If, after
consideration of fill activities on buildable portions of the project site, .hc~c iR~N~7-~.~
-8- NOV 1 8 1997
oI ea. nhen mat~.'nai, olrlsiTe d~s?osa! is also hereby per'mined subject to 'd'm follov,-ing
conditions:
Excavation activities shall comply with the definition of a "Development
Excavation" pursuar,'~ ~.o Section 3.5.5.1.3 of tt~e LCD, whereby offsite remov~
shall not exceed ten (10) percen't of the total volume excavated up to a maximum
o£ 20,000 cubic yards.
A timetable to facilitate said removal shall be submitted to the Development
Services' Manager for approval. Said tirr~etable shall include the length of time it
',,,'ill ta3:e to complete said removal, hours of operation and haul routes.
C. All other provisions of Section 3.5 of the LDC are applicable.
5.6 SUNSET AND MONITORING PROVISIONS
The Retreat PUD shall be subject to Section 2.7.3.4 Time Limits for Approved PUD
Master Plans and Section 2.7.3.6, Monitoring Requirements.
5.7 COMMON AREA MAINTENANCE
Common Area Maintenance, including the maintenance of common facilities, open
spaces and the water management facilities shall be the responsibility of the owners'
association, together with an.,,' applicable permits and conditions from applicable local,
State, or Federal permitting agencies.
5.8 LANDSCAPING REQUIREMENTS
All landscaping requirements, buffers, walls, berms, etc. shall be developed in
conformance ,Mth requirements of Division 2.4 of the Collier Count5' LDC pertaining to
landscaping and buffering.
5.9 SIGNS
As provided for within Section 2.5, Signs of the Collier County LDC.
5.10 POLLING PLACE
A polling place ~511 be provided i.n accordance with Section 2.6.30 of the Collier County
Land Development Code, as ma)' be determSned to be necessm5' the Collier Count).'
Supervisor of Elections.
-9-
5.11 N_A_JIVE VEGF. TATION
Twenty-five percent of the native vegetation shall be prese~wed in accord,'mce with the
applicable requiremenm of Division 3.9 Vegetation Removal, Protection, and
Preservation, of Cae Collier CounW I,DC
-10-
NOV 1 8 1997
6.1
6.2
6.3
6.4
6.5
6.6
6.7
SECTION 6
ENV1 R ONMENT^ L STANDARDS
A site clea~Sng plan shall be submiued to the Cornm~ty Development Division
for their review and approval prior to a.nv substar~tial work on the site. 5Dfis plan
maybe submitted in phases ',o coincide ,vith the development schedule. The site
clearing plan shall clearly depict how the final site layout incorporates retained
native vegetation to the maximum extent possible a~nd how roads, buildings, lakes,
parking iots: and other facilities have beer: oriented to accommodate this goal.
Native species shall be utilized., where available, to the maximum extent possible
in the site landscaping design. A landscaping plan ',,,'ill be submined to the
CommurfiU, Development Division for their review and approval. Tiffs plan w/Il
depict the incorporation of native species and their mix with other species, if any.
The goal of site landscaping shall be the re-creation of native vegetation and
habitat characteristics lost on the site during construction or due to past activities.
All exotic plants, as defined in the Count3' Code, shall be removed during each
phase of construction from development areas, open space areas, and preserve
areas. Following site development a maintenance program shall be implemented
to prevent re-invasion of the site by such exotic species. Thais plan, which will
describe control techniques and inspection inter~'ais, shall be filed ~4th and
approved by the Con~-nurhty Development Division.
If during the course of site clearing, excavation, or other constructional activities,
an archaeological or historical site, artifact, or other indicator is discovered, all
development at that location shall be immediately stopped and the Commuadty
Development Division notified. Development ,,,,'ill be suspended for a sufficient
length of time to enable the Community Development Division or a designated
consultant to access the find and determine the proper course of action in regard to
its salvageabiiity. The CommunitS' Development Division ',,,'ill respond to any
such notification in a timely and efficient manner so as to provide only a mi.nimal
interruption to any constructional activities.
The slough area is to be strictly protected and flagged prior to the commencement
of any work.
The boundao' of the slough area a,.s well as the corridor of the boardwalk, shall be
field inspected and approved bv the Collier County C~m'ent Planning
Environmental Staff.
Structures, roads, and buildings shall be oriented to effect maximum
native scrub and sand pine habitat.
-11-
protection of
NOV 1 8 1997
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
This PUD shall comply with thc cnviromr ental sections of ~he Collier Cou.nD'
Land Development Code amt Orou,~.~, Management Plan Conse~'ation and
Coastal Management Element in cfi'cci at ',.he time of final dcvelopment order
approval.
A.n exotic vegetation removal and mainten,xnce plan as required by Subsection
3.9.6.6.5 of the Lroad Development Code shall be submitted, for preserves area
,,,,itl-fin ,&e Retrea, t t'UD Tracts A, C ami D, for review and approval p~or to the
issuance of a centfica, te of occupancy issued for Tract B.
Exotic vegetation witl'fin Tract B including all preserve areas, shall be removed
prior to the issuance of a certificate of occupancy for Tract B.
PUD approval does not absolve the applicant from supplying necessary
in_formation as required for subsequent site plan approval (i.e., wildlife surveys,
etc.).
Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the Land
Development Code. All Preserve areas shall be recorded, by separate instrument,
' , , ' tracts or easements dedicated to an approved entiD'
as conservauorvpreser', atlon
or to Collier CounD' with no responsibility for maintenance and subject to the
uses and limitations similar to or as per Florida Statutes Section 704.06. Collier
County Real Property Division shall be contacted if the conservation areas are to
be dedicated to Collier County.
A Gopher Tortoise relocation/management plan shall be submitted to Current
Pl:mning Environmental Staff for review and approval. A copy of the approved
plan language shall be included on the Final Site Development Plan.,.
Environmental permitting shall be in accordance with the State of Florida
Envirorm'~ental Resource Permit rules and be subject to review and approval by
Collier Count7 Pla.truing Environmental Staff. Removal of exotic vegetation shall
not be counted towards mitigation for impacts to Collier County wetlands.
Buffers shall be provided around wetlands, extending at least fifteen (15) feet
landward from the edge of wetland preserves in all places and averaging twentT-
five (25) feet from the lar~dward edge of wetlands. Where nararal buffers are not
possible, struc~n.n'al buffers shall be provided i.n accordance with ~e Stale of
Florida Envirom'nental Resources Permit Rules and be subject to reviev; and
approval by Collier Cottony Current Planning Environmental Staff.
-12-
AGE E
NOV 1 [3 1997
7.1.
7.2
7.3
7.4
SECTION 7
UTILI'FY DIVISION CONSIDERATIONS
Water disthbution, sewage collection and transmission Md interim water and/or
sewage ~eaument facilities '~o set-ye the project are to be designed, constructed,
conveyed, owned and maintained i.n accordance with Collier County Ordinance
No. 88-76, as amended, and other applicable County tales and regulations.
All customers con. necting to the water distribution and sewage collection facilities
to be constructed will be customers of the County and will be billed by the
County in accordance with the County's established rates. Should the County not
be in a position to provide water and./or sewer, customers shall be customers of
the interim utility established to serve the project until the County's off-site water
an~or sewer facilities are available to serve the project.
Appropriate easements for any project internal water improvements shall be
documented on the construction plans and shall be dedicated to the Collier County
Water-Sewer District.
Construction drawings, tecbxfical specifications and all pertinent design
information shall be submined in accordance with Collier County Ordinance
97-17 or amendments made thereto and shall be approved prior to the issuance of
development construction approval.
-13-
NOV 1 ~ 1997
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
SECTION 8
ENGINEEPJNG CONSIDERATIONS
Detailed paving, grading, site drainage ,and utility plans shall be submined to
Project Review Services for review. No construction permits shall be issued
unless and unlil approval of the proposed construction in accord,~nce with the
submitted plans is granted by Planning Services Depa.Oament.
Design and construction of all improvements shaJl be subject to compliance with
the appropriate provisions of Division 3 of the Collier County Land Development
Code.
A copy of South Florida Water Management District Permit or Early Work Permit
is required prior to construction plan approval.
Planing is required in accordance with Division 3 of the Collier County, Land
Development Code, where applicable.
Work within Collier County right-of-way shall meet the requirements of Collier
Count>.' Right-of-Way Ordinance No. 82-91.
If applicable, prior to construction, a Florida Department of Transportation Right-
of-Way permit shall be provided.
An Excavation Pen'nit will be required for the proposed lake(s) in accordance with
Division 3.5 of the Collier County Land Development Code and South Florida
Water Management District.
Access into each tract as shown on the site plan is in_formational only. Location
and number are subject to Preliminao' Plat or SDP approval, as required by
Article 3 of the Collier Count~' Land Development Code.
-14-
~0, ~
NOV 1 8 19~7
P~. ~
9. I
9.2
SECTION 9
ROADWAY IMPROVEMENTS
Where the principal projcc~ collector street intersects with US 41 and with C-901,
developer shall install project improvements including left-tram storage lanes for
norti:-bound US 41 traffic, and for south-bound C-901 traffic; and right-n.u-n
deceleration lm~es for south-bound US 41 traffic and north-bound C-901 traffic
when determined to be ,,,varramted by the County.
If a future determination is made by the County Engineer and DOT that a traffic
signal is wa.r-rmqted a~ the intersection of the project's principal access road and
US 41, the Retreat project's properb' owners shall pay for our contribution to the
capital costs of said traffic signal in accord with the County cost sharing policy
then in force. After installation, the signal will be owned, operated and
maintained by the Count3'.
-15-
No.AGENOA~ITr~.
NOV 1 a 1997
SECTION 10
EXCEPTIONS TO THE COUNTY SUBDiYqSION REGUI, ATIONS
10.1
10.2
10.3
10.4
10.5
10.6
10.7
10.8
The requirerr,~ents for sidewalks and bicycle paths shall be wi'dyed, as required by
Subsection 3.2.8.3.17 of the I.DC, and sidewalk/bicycle pat,hs ab. all be installed as
indicated on the approved Master Plan.
Street name signs shall be approved by the County Engineer, but need not meet the
USDOTFHWA Manual on Uniform Traffic Control Devices, as required by Subsection
3.2.8.3.19 of the LDC. Street pavement painting, striping, and reflective edging
requirements shall be waived.
The requirement that local street connections to collector sta'eets shall be a minimum of
660 fl. apart shall be waived, as required by Section 3.2.8.4.1.
Right of way width for the private local drives ma)' be 50 feet rather than 60 feet, as
required by Subsection 3.2.8.4.16.5 of the LDC.
The requirement that cul-de-sac streets shall not exceed one thousand (1,000) feet in
length shall be waived, as required by Section 3.2.8.4.16.6.
The requirements that curbed streets have a minimum tangent of 100 feet at intersection
shall be waived, as required by Section 3.2.8.4.16.10.
The requirements of 100 feet minimum length tangents bet~veen curbs on all streets shall
be waived, as required by Section 3.2.8.4.16.10.
The requirements for spare utili~' casings shall be w'aived, ,adth the exception utility
casings under the project principal access road at its intersection with U.S. 41 and C-901,
as required by Section 3.2.g.3.24.
-16-
NOV 1 8 1997
NO. ~
~0¥ 1 ~ ~997
~¢iccLt(~ tbe~cc znn ~. 1 ~(~r~e 05,' 41' :. :oc a ~.tatu, cc
- ~en9 ~d ~t to ~e leZt, haT~9 4 n~u o~ 215.0 fe~t,
of 37.~3 Zest to ~c ~d of ~ld c~eJ t~e~ ~ Z. I~ d~rt~a
C~e; thence tun ~. O degceec 40' ~' ~. ~o~ ~14 WetCeclI
~qht~/~aI ll~e ~QC a ~litance o[ 1~.40 feet: ~ence ~ ~ 2'
degrecz 31' 27' ~. alon~ ~ld weiterlI ~bt~a/ ~e lac
A RESOLUTION AMENDING CONDITION NUMBER ONE OF RESOLUTION 97-03 FOR A
PROPERTY KNOWN AS ARBOR LAKE CLUB PUD TO CORRECT A SCRIVENER'S ERROR
IN 'file TOTAL NUMBER OF DWELLING UNITS APPROVED FOR THE SAID PUD.
OBJE¢_T_LV_~ To correct a scr'veners error in the number of dwelling units approved in
condition number one of resolution 9%03.
¢._Q_[q~~ON: Resolution number 97-03 was approved by the Board of Zoning County
Commissioners on January 7, 1997 extending the current PUD zoning of the property for a
period of two years. At the BCC meeting the applicant volunteered to reduce the total number
of dwelling units by 56 units from 246 units to 190 units for a resulting density of 8.5 units per
acre, down from 11 units per acre. The condition number one of the resolution of approval
erroneously said "the permitted density of eleven units per acre in accordance with the
approved Arbor Lake Club PUD (Ordinance 90-37) shall be reduced to 90 units for a resulting
density of 6.98 units per acre".
~~Z;.._None.
GROWTH MANAG_F..~J~ None.
RECOMMENDATION; That the Board of County Commissioners approve the scdvener's error
correction to Resolution Number 97-03.
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP
SENIOR PLANNER
DATE
REVIEWED BY:
R ULHERE, AICP, MANAGER
CURRENT PLANNING SECTION
DONALD W. ARNOLD, AICP, DIRECTOR
CAUTERO, AICP, DATE
VINCENT
A.
ADMINISTRATOR
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE
DATE
P~. ~
RESOLUTIOI'; 97-__0_%
A RESOLUTION BY THE BOARD O? COUNTY
COM24ISSIONERS OF COLLIER COUNTY, FLORIDA,
PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER
COUNTY I~%ND DEVEL~PM£~T CODE AFFECTING
ORDINANCE 90-37 ALSO KI;O~N AS ARBOR LAJ<E
CLUB PUD, ZXTENDING THE C%/~L~,ENT PUD
APPROVAL TO .IU]4E 20, 1999; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Arbor Lake Club PUD, Ordinance 90-37 originally
adopted on May 15, 1990 and extended for 2 years on June 20, 1995, is
subject to the provisions of Section 2.7.3.4., of the Land Development
Code (LDC), Time Limits for Approved PUD Zoning Districts together with
their respective Master Plans; and
WHEREAS, the PUD was adopted consistent with and under the
provisions of the ~ollier County Gro~h Management Plan; and
%<HEREAS, the Board of County Commissioners has reviewed the PUD
and has determined to extend the current PUD Zoning for two years,
until June 20, 1999; and
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of
Collier County, Florida that:
1. The above recitals are adopted herein by reference as if
fully set forth herein.
2. This Resolution shall constitute evidence of compliance
with the review req~irements of Section 2.7.3.4 of the
LDO.
3. Pursuant to said section of the LDC, the current PUD
approval is hereby extended to June 20, 1999; at the end
of which time the owner shall submit to the procedures
in LDC Section 2.7.3.4.
This Resolution shall become effective immediately upon its
approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minute~ of this Board and in the records of the Petition for which the
extension is granted, subject to the following conditions:
-1-
AGENDA iTF_~ ..
Nc). ~
NOV 1 8 997
1. The permitted density of eleven (11) units per acre in
accordance with the approved Arbor Lake Club PUD
(Ordinance 90-37) shall be reduced by 90 units for a
resulting density of 6.98 units per acre.
2. A new Affordable Housing Agreezent must be signea
between th~ County mhd the developer of this project.
20% of the project must be affordable by vary low income
and 80% affordable by low income families.
Com~n$]cn~r NQr~_ offered the fore,going
Resolution and moved for its adoption, ~;econded by Commissioner
, and upon roll call, the vote was:
AYES: Commissioner Norris, Commissioner Berry, Commissioner Constantine,
Commissioner Zac'Kie, and Commissioner Hancock
NAYS:
ABSENT ~D NOT VOTING:
ABSTENTION:
Done this
7th day of Januar~ , 1997.
BOARD OF COUNTY CO~MISSIONERS
COLLIER COUNTY, FLORIDA
T~iMOIHYy. ~ANdOCK, CHAIRMAN
/
ATTEST:
DWIGhT,S: ~o~.×., ~$.~
AP~V'ED"AS TO'FO~ -~D',LEGAL SUFFICIENCY:
ASSIST~T CO~TY A~O~EY
~OR ~E C(UB P~1~9026
-2-
NOV 1 8 1997
RESOLUTIO~ NO. 97-
10
A RESOLb~ION AMENDING CONDITION NI/MB~R 1
OF RESOLUTION 97-03,?OR PROPER~Z
6 HEREiNAFIER DESCRIBED IN COLLIER CO~TY,
7 ?LORiDA, TO CORRECT A SCRIVE~R'S ERROR
8 IN THE SAID TOTAL ~u~4BER OF DWELLING
9 UNITS APPROVED FOR THE PROPERLY.
W}{EREAS, the Collier County Board of County Con~nissioners in
1! accordance with Section 2.7.3.4. of the Collier County Land Development
12 Code, adopted Resolution 97-03 pertaining to thc Arbor Lake Club PUD on
13 January 7, 1997 extending the current PUD approval for a period of two
14 years, and
WHEREAS, following said action adopting Resolution 97-03, 3taff
16 was advised that the number cf dwelling units and the gross density
~7 approved for this PLrD was not correctly reflected in said Resolution
18 and constitutes a scrlvener's error.
19 NOW, THEREFORE BE iT RESOLVED, by the Board of County
20 Commissioners of Collier County, Florida, that Condition 1 of
21Resolutlon 97-03, is hereby revlsed to read as follows:
22
23 1. The permitted density of eleven {11) units per
24 acre in accordance with the approved Arbor Lake Club
25 PI/D (Ordinance 90-37) shall be reduced by ~ 56 for a
26 resulting density cf f.gO ~.~ units per acre.
27
2. A new Affordable Housing Agreement must be signed
29 between the County and the developer of this project.
30 20% of the pro]eot must be affordable by very low
31 income and 80% affordable by low income families.
32 BE IT FS~.~HER RESOLVED that this Resolution be recorded in the
33 minutes of th~s Board.
34
35
36
37
38
39
40
42 ATTEST:
~3 DWIGHT E. BROCK, Clerk
46
This Resolution adopted after motion, second and majority vote.
Done this
day cf , 1997.
BOARD OF COIRFTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
47 Approved as to Form and Legal Sufficiency:
51 marDo~r~-e M. Student
52 Assistant County Attorney
TIMOTHY L. HANCOCK, Chairman
Words struck ~hro~qh are deleted; words under
'1-
NOV 1 $ 1997
II
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 97-
38 TO CORRECT A SCRIVENER'S ERROR IN THE
LEGAL DESCRIPTION FOR PROPERTY LOCATED IN
SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN
EFFECTIVE DATE.
OBJECTIVE:
This Ordinance corrects an error in th9 legal description, Exhibit "A", of Ordinance
Number 97-38.
CONSIDERATIONS'
Ordinance Number 97-38 was approved by the Board of County Commissioners on
August 26, 1997. This action authorized the rezoning of the Island Pines Garden PUD
from PUD (Planned Unit Development) to E (Estates). A tTpographical error in Exhibit
"A", the legal description, referenced the property as "The NW ½ ..." when it should
have read "The N ½". This constitutes a scrivener's error.
FISCAL IMPACT:
None.
GROW'rH MANAGEMENT IMPACT:
None.
RECOMMENDATION'
That the Board of County Commissioners approve the attached Ordinanc~
the scrivener's error.
NOV 1 8 !997
PREPARED BY:
FRED~RCJSCHL, PLANNER II
CURRENT PLANNING
REVIEWED BY:
DATE
ROBERT J. MULHERE, AICP, MANAGER
CURRENT PLANNING
DATE
DONALD W. ARNOLD, AICP, DIRE(~TO-R
P~Np SERVICES
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE
EXECUTIVE SUMMARY/SCRIVENER'S ERROFUFR
2
NOV 1 8 1997
p~. o~
.,t~ ~',7. NAN CE 9'1- )8
AN ORDINANCE AMENDING ORDINANCE NUMBER
~i-'i02, THE COLLIER COUNTY
~EVELOPMENT CObE, WHICH INCLUDES THE
CGMPREHENSiVE 2OWING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER. COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING
ATLAS MAP NUMBERE~ 0608S; BY CHANGING
THE ZONING CLASSIFICATION OF ?HE HEREIN
DESCRIBED REAL FROPERTY FROM "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS
"ISLAND PINES GARDEN PUD" TO "E", FOR
PROPERTY LOCATED SOUTH OF THE COUNTY
MAINTENANCE FACILITY ON COUNTY BARN
ROAD, IN SECTION 8, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 10 ACRES MORE OR LESS; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, on Oecem3ser 13, 1988, the Collier County Board of County
Commissioners approved Ordinance Number 88-94 changing the zoning
classification of the herein described property from "E" Estates to
"PUD" Planned Unit Development known as "Island Pines Garden PUD"; and
WHEREAS, the Island Pines Garden PUD, pursuant to the Zoning
Reevaluation Ordinance, was determined to be inconsistent with the
Future Land Use Element of the Collier County Growth Management Plan,
but ~as qranced an exemption because Site Development Plan 89-53 had
been apprcve~ on July 11, !9B9 for the property; and
WHEREAS, Site Development Plan ~9-53 expired on July Y1, 1991
pursuant to Section 3.3.8 cf the Land Development Code, Site
Development Plan Time Limits; and
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners adopted Ordinance 91-102, the Collier County Land
Development Cote, including Section ~.7.3.4, Time Limits for Approved
PUD Master Plans; and
WHEREAS, on Decem/)er 10, 1996, the Collier County Board of County
Co~issioners approved Resolution 96-574, Pursuant to Section 2.7.3.4
of the Lan~ Development Code, Time Limits for Approved PUD Master
Plans, requiring the property owner or agent of the Island Pines
Garden PUD to submit an amended PUD to the Planning Services Directo]
prior to June 10, 1997 in order to cause said PU to ~F~.w~stert
with the Collier County Growth Management Plan; nd
NOV 1 8 1997
-1-
WHEREAS, an amendment to the Island Pines Garden PUD was not
received by the ?!arming Services Director prior to June 10, 1997; and
WHEREAS, Community Development and £nvironmental Services
Division, representing the Collier County Board of County $
Ccm~lssioners, pecl%ioned ~he 5oard cf County Commis$ioner~ to change
the zoning class:fication of the here~n described real property,
attached hereto as Exhibit "A"; and
WHEREAS, the Collier County Planning Commission recommended that
the Board of County Co~aissioners rezone the Island Pines Garden PUD
from "PUD", Planned Unit Development, to "E" Estates; and
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CO~9~ISSIONERS
OF COLLIER COUNTY, FLORIDA;
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 8, Township 50 South, Range 26 East, Collier
County, Florida, is changed from "PUD" Planned Unit Development known
as Island Pi~es Garden PUD to "E" Estates, in accordance with Section
2.7.3.4 of the Collier County Land Development Code, Time Limits for
Approved PUD Master Plan~. The Official Zoning Atlas Map Nun%her
0608S, as described in Ordinance Number 91-102, the Collier County
Land Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this Z~_~day of ~, 1997.
BOARD OF COUNTY COMMISSIONERS
DWIGffT~E..ERO~ Clerk COLLIER COUNTY, FLORIDA
Marj°~J[e M. Student
A,~sistant ~ounty Attorney
-2-
LEGAL DESCRIPTION
The NW '/~ of the S '~ of the SE Y, of the SW '/,, less ROW, Township 50 ~x.~h, Range
26 East, Section 8, Collier Count,, FlOrida' OR Book 1231, Page 800
EXHIBIT 'A"
CRDiN;-,NCE NO. 97-
A:~ ORDi:;AHCE AMENDiHG CRDINANCE NO. 97-38,
TO COR?.ECT A SCRIVENER'S ERROR IN THE
LEGAL DESCRIPTION FOR PROPERTY LOCATED IN
SECTION 3, /OWNSHIP 50 SOUTH, RANGE 26
EA£T, COLLIER COUNTY, FLORIDA: AND BY
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of County Commissioners adopted
Ordinance ~;o. 97-38, on August 26, 1997, and
WHEREAS, following said action adopting Ordinance No. 97-38, staff
was advised that the Legal Description, Exhibit "A" was in error and its
correction ccnsEitutes a scrivener's error.
~,OW, Tu:~rFCRE BE T ~DAI,,_D, by the Board cf County Conunissioners
cf Collier County, F!crida:
SECTION ONE:
The Lega' S. escript~on, Exhibit "A", as aFPrcved by the adoption of
Ordinance r~o. ~7-28, is hereby amended to read as follows:
The ~;~ q cf the S ~ cf the SE ¼ cf the SW ¼, less ROW,
~wns.._~ 53 South, Ear. ge 26 East, Section 8, Collier
County, :~c~ida, O~ Bock 1231, Page
This Sr~zr. ar. ze s:'.a'' ~eccme effective u~on fliing with ~he
- ...........
:~.~-~ ~.i, 2 ~ _. ADOPTED by the Board of Count)' Ccm,missioners cf
~.lier ...... :, :~r~ma, ~nLs ~ day cf , 1997.
ATTEST: BOARD CF COUNTY CONMISSIONERS
DWIGHT £. BRC3K, 31erk COLLIER COUNTY, FLORIDA
Approved as tc Form and
Legal Su~' cy
~clen
Mar]~rse M. Stument
Assistant County Attorney
BY:
TIMOTHY L. HANCOCK, Chairman
Words s~r~ck ~hrouch are deleted; words tl[l~.rl
NOV 1 8 ]997
,ned are ad~d.
E X ECUT I_V_~ ~UMMARY
PETITION NUMBER NUA-97 -3, MR. EDW?~RD TE~RRY, REQUESTING A
tlON-CONFORMINC- USE ALTERATION IN ORDER TO ALLOW THE PROPERTY
OWNER TO REPLACE AN EXISTING NON-CONFORMING MOBILE HOME UNIT
WITH A DOUBLE WIDE MOBILE HOME FOR PROPERTY LOCATED AT 609
BOOKER BOULEVARD (PARCEL 29) IN SECTION 9, TOWNSHIP 47 SOUTH,
RANGE 29 EAST.
This petition is for a non-conforming use alteration to allow
the property owner to replace an existing non-conforming single
wide mobile home with a double wide mobile home.
~ONSID~ATIONS:
The subject site is un-platted and is approximately 10,000
~ contains a pre-existing
square feet in size. The s.~e
non-conforming mobile home dwelling that was constructed in
1970. This unit currently meets most of the P~F-6 setback
requirements except for the side yard setback of 15 feet along
the south property line. The Collier County Land Development
Code, Section ~!.8.10.4. requires approval of a Non-conforming
Use AlterationWby the Board of Zoning Appeals prior to any new
alteration, expansion or replacement of non-conforming
structures. This mobile home is an old dilapidated structure
which requires replacement. In the past, the BZA has reviewed
similar variance requests and non-conforming use change
applications in the Immokalee area.
Approval ef this NUA petition will stipulate that the
replacement structure shall conform to the Fire Code, and to the
development standards of RMF-6 District to the greatest extent
possible. This will reduce the amount of non-conformity and
decrease the potential risk of fire hazard by increasing th~
separation between structures (on other lots) to that required
by Code.
The Collier County Planning Commission reviewed this petition on
October 1~ 1997 and recommended approval by a 7 to 0 vote and
subject to the stipulations of the reviewing staff.
Approval of this petition will have no direct fiscal impacts to
Collier County.
-1-
AGENDA ,IT,EM
NOV 1 8 3997
~_.O~ M~AGEMENT IMPACT;
None. The proposed non-conforming use change does nothing to
affect this property's consistency with the County's Growth
Management Plan.
~L~ING COMMISSION R~COMMENDATION:
That the Board of Zoning Appeals approve Petition NUA-97-3.
PREPARED BY:
R~Y ~ELLO
PRINCIPAL PLANNER
REVIEWED BY:
.~BLER'T J. MULHERE, AICP, ¥~ANAGE~
CURRENT PLANNING
DONALD W. ARNOLD, ~I~CP, D1RECTO~
ERV I C E S ~~~
TEROviNCENT . , AICP, ADMINISTRATOR
CO~24UNITY DEV. AND ENVIRONMENTAL SVCS.
RVB/rb/EXSUMMARY/NUA-97-3
DATE
DATE
DATE
-2-
NOV 1 8 1997
MEMORANDUM
TO:
FROM
DATE
RE:
COLLIER COUNTY PLANNING COMMISSION
COM~/3NITY DEVELOPMENT SERVICES DIVISION
SEPTEMBER 18, 1997
PETITION NO: NUA-97-3
AGENT/APPLICA/~T:
Agent/Owner:
Edward and Teresa Terry
609 Booker Boulevard
Immokalee, Florida 34143
GEOGRAPHIC LOCATION:
The subject property is located at 609 Booker Boulevard which is on
west side of Booker Boulevard (Parcel 29) in Section 9, Township
the
47 South, Range 29 East. (See illustration following page)
REOUEST~D ACTION~
The petitioner is requesting a Non-Conforming Use Alteration to allow
the property owner to replace an existing single wide (11.6' X 73.6')
mobile home with a double wide (28' X 66') mobile home.
pURPOSE/DESCRIPTION OF pROJECT:
The subject site is un-platted and is approximately 10,000 square
feet in size. The site contains a pre-existing non-conforming mobile
home dwelling that was constructed in 1970. This unit currently meets
most of the RMF-6 setback requirements except for the side yard
setback of 15 feet along the south property line. The Collier County
Land Development Code, Section 1.8.10.4. requires approval of a
Non-conforming Use Alteration by tl~e Board of Zoning Appeals prior to
any new alteration, expansion or replacement of non-conforming
structures. This mobile home is an old dilapidated structure which
requires replacement. In the past, the BZA has reviewed similar
variance requests and non-conforming use change applications in the
Immokalee area.
-1-
AGEF
No.
NOV 1 8 1;97
J J~
~SPHALT)
__ INOV 1 8, 1997
Approval of this NUA petition will stipulate that the replacement
structure shall conform to the Fire Code, and to the development
standards of RMF-6 District to the greatest extent possible. This
will reduce the amount of non-conformity and decrease the potential
risk of fire hazard by increasing the separation between structures
(on other lots) to that required by Code.
SURROUNDING LAND USE AND ZONING:
Existing Conditions: Mobile Home; Zoned: "RMF-6"
Surrounding: North - Vacant; Zoned: RMF-6
East - Booker Boulevard (mixed single-family &
mobile home); Zoned: "VR".
South - Vacant; Zoned: RMF-6
West - Single-family; Zoned: RMF-6
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE:
Approval of this petition will have no effect on infrastructure,
transportation facilities or on any environmentally sensitive area.
ANALYSIS:
Section 1.8.10. of the Land Development Code grants the authority to
the Board of Zoning appeals to grant Non-conforming Use Alterations
(NUA). The Planning Commission is advisory to the BZA and utilizes
the provisions of Subsection 4 (a) through (f) which are the general
guidelines to be used to assist the Commission in making a
determination. Responses to items (a) through (f) are as follows:
a. The alteration, expansion or replacement will not increase the
density of the parcel or lot on which the non-conforming single
family dwelling, duplex or mobile home is located;
This request is only for the replacement of an existing
deteriorated non-conforming mobile home unit with a double wide
unit. It will not change the density of the parcel.
b. The alteration, expansion or replacement will not exceed the
building height requirements of the district most Closely
associated with the subject non-conforming use;
The maximum building height for a non-conforming lot in the RMF-6
District is 35 feet for single family dwelling. The existing and
proposed mobile home heights do not exceed the height limit as
noted above or the 30 foot height limit of the adjacent propert__i~,~___.
that are zoned "VR" and which allow mobile homes a: a ..~[~,~
use.
c. The alteration, expansion or replacement will not further encroach
upon any non-conforming setback;
This petition, if granted, will require that the replacement unit
conform to the Fire Code, which requires a minimum separation of
10 feet between structures. Furthermore, this petition will not
authorize any reduction of the existing setbacks, but will
increase setbacks on the south side setback from 3.6 feet to 17
feet.
d. The alteration, e×pansion or replacement will not decrease or
further decrease the existing parking areas for the ~tructure;
Approval of this ~UA petition will not change the number of
existing parking spaces.
e. The alteration, expansion or replacement will not damage the
character or the quality of the neighborhood in which it is
located or hinder the proper future development of the surrounding
properties; and
This area of Immokalee (south of Eustis Avenue ~nd west of CR-846)
has a unique character which contains other mobile home units and
multi-family units. The site is near a "VR" zoning district which
allows mobile homes as a permitted use. It is the opinion of staff
that allowing the replacement of the older dilapidated unit with
newer unit will enhance the character of the area.
f. Such alteration, expansion or replacement will not present a
threat to the health, safety or welfare of the community or its
residents.
If approved, this petition will allow the replacement of a single
wide dilapidated non-conforming unit with a double wide unit only
in compliance with the Fire Code. Therefore, approval of the
petition will improve the safety and welfare of the community and
its residents.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward Petition NUA-97-3 to the BZA
with a recommendation for approval.
-3-
AG F.. N D_A .13 F-.J~ ~
.~OV 1 ,~ ~997
Pg. ~--~
PREPARED BY:
y~LLOW S
PRINCIPAL PLANNER
REVIEWED BY:
OBERT J. , ·
CURRENT PLANN ING~' /k
DATE
DONALD W. ARNOLD, zAICP, DIRECTOR
p LAN~I N G SERVICES/ /~////~2
~ CA_UTERO,-~A~-MINISTRATOR '
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Petition Number: NUA-97-3
Staff Report for October 16, 1997 CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION:
RVB/rb
NUA-97-3/STAFF REPORT
-4-
.NOV 1 S 1997
pg. ~>
NON-CONFOPd~I}~G USE ALTERATION (R-UA)
AGENT'S NAME (If Applicable)
AGENT'S ADDRESS
LEGAL DESCRIPTION OF
TELEPHONE
SUBJECT PROPERTY (See last 3 pages of this handout)
· AN UNRECOROEO SURVEY BEING OTHERWISE DESCRIBED AS THE WEST
IOO FEET OF' THE EAST 130 FEET OF THE NORTH ONE-HALF OF THE NORTHWEST
ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER
OF THE NORTHEAST ONE-QUARTER OF SECTION 9, TO'#NSHIP 47 SOUTH, RANGE 29
EAST. COLLIER COUNTY FLORIDA: EXCEPT THE SOUTH 3,0 FEET,
FILING FEE
NB/2999
($425.00)
-1-
SIGNATURE OF
NOV 1 S 1997
Pg.'_
of the proposed he~rlng; that all. :he answers to the Rues:io=s i: this applica:ia=, a~&
al! sketches, data, and a:her supplcmcntar7 ~_a~uer a~uach~d to a=~ =adc a par: of this
SiG~A%-URE 73.. G~JE.R~
S iGNAIU.~E O?A~
~ CCP?.ISSION. EXPI.R3-S:
TIFFA]'F~' D. DUPREE.
~\M,y Corem Exp.
~.%t:tondcxt By SerVice
,~G:... ~iR. LT E,~ x
NO~ 1 S 1997
,/
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LOCATION MAP_
/
'~RMF-6
CARYER AgENUE
VR
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8ETHUNE //
SCHOOL
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ST/WS4~
PETITION: NUA-9?
~o.
NOV 1 8 1c.
M
FELATING TO PETiTiCN N'JMRE,: ::UA-F--], .--CF
A,,.,,," .... C,C:;FCR',4!:;,G USE .'-.i, TE.:.;-,Ti2:;
FF.%FEF,Z'f HEF, EZ;;A,~'TEF Z-ZSCF::-E= i;;
..... · -v
:.;HEREA5, the Legzslature ~' ''~ "'-:- '' --'~--:a ==. i.-.ac-.e:
esza~z:sn, coordinate and enfcr-~ ; c ~-5
as are .-.ecessar'? ~- ~ .......... -
;,;H=.:.£AE, =,~,e Ccun~y Fursuar.= ==--:-%: =.a'- al~.:'-.~ a La.-.z '__-;..:.=.-,e.'-.--
:ode .::rdznance ~1o. ~,z-i~2l .~.:.:_., ~5-::=~-~ :~.7.=:a::zr.s ::rt.-._ 25:.::.:.
;:a?.:'.-.=. cf re?aes:$ for :.cr.-c::.f:rm:=.:. :se a:ce:a:::.-.s, ar.:
:.;H-:.=.£AS, :he .2car: cf 2:n::.~...:::~'. ----, ~ :.::.=. :.-.e :::':' ~---
::r.s:::u:e~ tcar,~ c~. the area .-~-~-','. af~ _z, has .... a pu=l::
=-f-.er .-.c:~ce as in sai~~--o:u:a:zsns. maze an-- .:::';:'-ed, and has
::.-,5:iere: ::.e ; .... ¢ ...... : .... .- ...... '
.'.e'4 .-..ch:Le home as shc'-'n :r. :he a::acneC .uLc: plan, Exnlbit "A" in a
:v.-_= ---~ ; .... ~ ::::er:',' he:eLF, al=er :escr:ke~, and has f~und as a
-;--~- :f 'acc CF. at £5:=sfa:c::':' .c::'.-:szc=. a.'.: arran~er, e.',t have ~een
r.ace ::ncer.-.:n~. a' ' a.~:'-:asie r.a::ers renu:red: ~y sa:d regula::c.-.s and
:n a:c:::a.-.:e '-'::h f'::secc'-:,t ..: .... ~ cf the tang Deveicpmen:
-.ne ':n:.'.:c:.~':ra%od area cf :cLLLer C:unty, and
;~'HEFEA_c, al: interest=z- ='r'-Les~ have keen civen, cDDortunlty..
hear: ~" thcs Board :n p:b~lc .-..eec:rig asset, doled and the 5oard hav:ng
:ohs!de:ed al! mat:ers .:resented,
:;C:{ THEREFORE BE iT RESOLVED BY THE BOARD OF ZONING APPEALS of
Coiller County, E!orida, that:
The Petition NUA-97-3 =~; ' by Edward and Teresa Terry, proDer:y
..~ ~¢pe~t to the proper~y hereinafter described as:
cwr%e r, ~
EXHIBIT "B"
~e and :he same hereby is approved for replacing the existing mobile
home .with a new mobile ?.ome as shown on the attached plot plan, Exhibit
"A" cf the ~-6 Zcnlng Ois:rlct whereln said property is located.
~_ r__~- _D % t :his Resolution relating to Petition NILT/I~'
::UA-97-] -~e recorded in %he mi..utes cf t.k'.s Board. N0.
1 8 997
L '
'Lone t~.i$ Jay .cf , '997.
ATTEST:
DWIGHT E. 5P, OCK, -'erk
EOARD CF ZO:II'JG APPEALS
COLLIER COUI~TY, FLORIDA
TIIdOTHY L. HANCOCK, Chairman
Approved as to .ro:m and Legal Sufficiency:
Assistant Ccun%y A%tcrney
-2-
DESCRIPTION OF SUBJECT PROPERTY.
AN UNRECORDEO SURVEY BEING OTHERWISE DESCRIBEO AS THE WEST
I00 FEET OF THE EAST 130 FEET OF THE NORTH ONE-HALF OF THE NORTHWEST
ONE-QUARTER OF' THE SOUTHWEST ONE'QUARTER OF THE NORTHEAST ONE'QUARTER
OF' THE NORTHEAST ONE-QUARTER OF SECTION 9, TOWNSHIP 47 SOUTH. RANGE
EAST. COLLIER COUNTY FLORIDA: EXCEPT THE SOUTH LO FEET.
SSI-RESD PROPERTY iNQUIRY 09/19/9'
01 Polio Nu~Juer: 00135520002 02 Strap Number : 472909 029.0002E09
03 Physical Loc: Street- Type- Ordin- No-000100
04 Millage Area: 148 Eire District: IMMOKALEE FIRE DISTRICT
q~5 Subdiv/Condo: ACREAGE HEADER Block- 029 Lot-.000
LINE LEGAL DESCRIPTION
01 9 47 29 W 100FT OF E 130FT OF
02 N1/2 OF NWl/4 OF SW1/4 OF'
03 NE1/4 OF h~l/4, LESS S 30FT
04 OR 585 PG 217
LiNE LEGAL DESCRIPTION
E~IT "B'
8 997
EXECUTIVE SUMMARY
PET1TION NO. CU-96-12, DON APPERSON REQUESTING AN EXTENSION OF
CONDITIONAL USE "I" IN THE "E" ESTATES ZONING DISTRICT TO ALLOW FOR A HOUSE
OF WORSHIP THAT HAS PREVIOUSLY RECEIVED CONDITIONAL USE APPROVAL, FOR
PROPERTY LOCATED ON THE SOUTH SIDE OF GOLDEN GATE BOULEVARD, IN SECTION
11, TOWNSHIP 49 SOUTH, RANGE 26 EAST.
OBJECTIVE:
This petitianer is requesting the first of three (3) allowable one year extensions of conditional use
of the "E" Estates zoning district to allow for a church facility.
CONSIDERATIONS:
Section 2.7.4.5. of the Collier County Land Development Code (LDC) requires that the conditional use
extension be applied for before the expiration date of the previous c6nditional use approval, the
applicant has made a request for extension based on the following information.
The approved development order (Resolution 96-488) for the conditional use remains consistent with
all elements of the GMP and in particular the Golden Gate Master Plan which permits churches as a
Transitional Conditional Use in Estates Zoning District. The subject 4.99 acre site was approved for
178 seat church and related facilities. A site inspection by staff indicates that there have been no
changes to existing land uses on the surrounding properties since this conditional use was approved.
Correspondence from the owners agent advises that members of the church are actively pursuing the
steps essential to initiating construction of the church, as represented by correspondence from the agent
for this church, a copy of which is included with this executive summary.
FISCAL IMPACT:
None.
GROX, VTH MANAGEMENT IMPACT:
None.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Histor/cal/Archaeological Survey and Assessment is required.
NOV 1 ~ 1997
RECOMMENDATION:
That a first extension be granted to Petition No. CU-96-12 in accordance with the attached Resolution
and Exhibits thereto.
PREPARED BY
RAY BELLOWS
PRINCIPAL PLANNER
DATE
REVIEWED BY:
ROBERT J. MULHERE, AICP
CURRENT PLANNING MAN.,A,.GER
DONALD W. ARNOLD, AICP
PLAN~tNG SERVICES.~DEPARTMENT DIRECTOR
~4N'~Er~T A. CAUTERO, ADMINISTRATOR
DATE
DATE
DA'fiE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
CU-96-12/EXTENSION'RVBqb
$choo~
CU-95 -
C ,~
CH"
/
I
5
I
DONALD E. APPERSON
3042 52nd Street, SW
Naples, FL 34116-8124
Phone 941-352- 7656
Fax 9.I1-352-0506
Set)tember 16, 1997
Air. lia)'mond I: Bellows, l't'incqml Plamwr
('OI;tn~ultiO' Develotmtettt Services Division
Collier Count), (;over~ment
2800 Nc~rth Hor.s'e.s'hoe Drive
N~t)les, l'L 34104
Re: [)t'lllloll ;5'5). ('I7-96-12 Kntgdom Hall qf,Jehorah's IfFlite.s'.ws ~ ~X'
Dear Ah'. Bellows,
[ ~t.~'h lo reque.¥! alt extet~.vott o.[ the c'onthltottal tr~e that ~'a.~' granted by the
Comm' Uommissioner.s' o~ October 22. 1996. I have elwlo.wda check for S 175.00.
It%, hare ,Iready suhmtlted .swine it~fortnoliott to the count)' for thetr coltxlderatioll:
ho,'ever, I do itot expect to have the permit.v before October 22 q[thi.~ )'ear.
[f )'ott have alt)' questions please phone me at 352-7656.
'fours truly,
Doll AFt~erson ~ '
NO~ 1 ~
RESOLUTICN 97-
R, ELATING ?O PETITICI; I~O. CU-96-12E FOR
EXTEI;SIOI; OF CC.qDiTIONAL USE OF PROPERTY
HEREiI;AFTER DESCRIBED I:1 COLLIER COU~qTY,
~LORIDA
WHEREAS, the Legislature of the State of Florida in Chapter 125,
10 Florida Statutes, has confer:rd on ali Counties in Florida the power to
I! establish, coordinate and enforce zoning and such business regulations
12 as are necessary for the protection of the public; and
13 WHE?,EAS, the County pursuant thereto has adopted a Land
14 £e'/e!cpr. ent Code <Ordinance :Jo. 91-102) which establishes comprehensive
15 zoning reg':iations for the zcnlng of particular divisions of the
16 County, ar. cng which is the Granting and extending the time period cf
17 Conditional Uses; and
IS WHEREAS, on October 22, 1996, the Boar~ of Zoning Appeals enacted
19 Resoiutisn ,To. 96-488, ar. inched hereto ar.C :ncorporated herein, which
20 ~ranted a conditional use pursuant to Crd:r. ance I~o. 91-102, for a house
21 of worship, cn the below described property; and
22 WHER, EAS, Subsection 2.7.4.5 cf the Land 2e'/eiopment Code provides
23 that the Board of Zoning Appeals may extend the one (i) year time
24 period for a ccndltlcnai use which has not been commenced;
25 ~;OW, ?HERE~OP, E BE iF RESOLVED, by the Board of Zoning Appeals cf
26 Collier County, .--for!da that:
27 The '~ritten request of Don Apperson, for the first of three ~3)
28 permitted one fl) >'ear extensions, in interest of the fo!lo'~ing
29 described property:
30
31 North 650 feet of Tract 81, Golden Gate Estates Unit 4, as
32 recorded in Plat Book 4, Pages 79-80, of the Public Records
33 of Collier County, Florida.
34
35 is hereby a~proved pursuant to Subsection 2.7.4.5 of the Land
36 Deve.lopment Code (Ordinance ~$o. 91-102), and the expiration date for
37 ~esolution Nc. 96-4~8, attached hereto and incorporated herein as
Exhibit "A", and al'_ conclticns applicable thereto, is hereby extended
39 for one additional ,/ear until Nove.-uber 18, 1998.
-1-
AGEN
~OV 1 $ 1997
BE IT FURTHER RESOLVED that %his Resolution be recorded in the
minutes cf this Board and in the records of the Petition for which the
extension is granted.
This Resolution adopted after motion, second and majority vote.
Done th~s day o[ , 1997.
7
9
~2
BOARD OF ZONIIIG APPEALS
COLLIER COUNTY, FLORIDA
TIMOTHY L. !~A.~COCK, Cha:rman
14 ATTEST:
15 DWIGHT E. BP. SCK, Clerk
16
17
19
20 Approved as ~o Form and Legal Sufficiency:
22
24 MarDo.-~e M. Stucent
25 Assistant County A:tcrney
26
27
-2-
RESOLUTION 96- 488
A RESOLUTION PROViDIItG FOR THE ESTABLISHMENT
OF A HOUSE OF WORSHIP CONDITIONAL USE "1" IN
THE "E" ESTATES ZONING DISTRICT PURSUANT TO
SECTION 2.2.3.3 OF THE COLLIER COLq~TY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 11, TOWNSHIP 49 SOUTH, RAJ;GE 26 EAST,
COLLIER COU]~TY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier'County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the
protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) ~'hich includes a Comprehensive
Zoning Ordinance establishing regulations for the zoning of particular
geographic divisions of the County, among ~hich is the granting of
Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly
appointed and constituted planning board for the area hereby affected,
'has-held a 'public hearing after notice as in said regulations made and
-":'-prgvided,' and has considered the advisability'of Conditional Use "1" of
Section 2.2.3.3 in an "E" Estates zone for a house of worship ~n the
property hereinafter described, and has found as a matter of fact
(Exhibit "A") that satisfactory provision and arrangement have been
made concerning all applicable matters required by said regulations and
in accordance with Subsection 2.7.4.4 of the Land Development Code for
the Collier County Planning Commission; and
~EREAS, all interested parties have been given opportunity to be
heard by this Board in a public meeting assembled and the Board having
considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOA/~D OF'.ZONING APPEALS of
.... county,. orida tha : ............... .............
The petition filed by Don Apperson with respect to the property
hereinafter described as:
North 650 feet of Tract 81, Golden Gat~ Estates Unit 4, as
recorded in Plat Book 4, Pages 79-80, of the Public Records
of Collier County, Florida
be and the same is hereby approved for Conditional Use "1" of Section
2.2.3.3 of the "E" Estates zoning district for a house of worship in
accordance with the Conceptual Master Plan (Exhibit "B") and subject to
the following conditions:
a. The Planning & Technical Services Manager may approve
minor chanqes in the location, siting, or height of
buildings, structures, and improvements authorized by
the conditional use. Expansion of the uses identified
and approved within this conditional use application, or
major changes to the site plan submitted as part of this
application, shall require the submittal of a new
conditional use application, and shall comply with all
applicable County ordinances in effect at the time of
submittal, including Division 3.3, Site Development Plan
Review and Approval, of the Collier County Land
Development Code (Ordinance No. 91-102).
b. Pursuant to Section 2.2.25.8.1 of the Land Development.
Code,' if,~during the course of'site clearing, excavation
or o,he. construction activity an historic or
archaeological artifact is found, all development within
the ninimum area necessary to protect the discovery
shall be ir. nediately stopped and the Collier County Code
Enforcer~ent Department contacted.
c. An o×otic v~gotation reaov~l, monitoring, and
maintenance (exotic-free) plan for the site, ~hall be
submitted to Current Planning Environmental Review Staff
for review and approval prior to final site plan/ .-~p,.
construction approval.
d. Arterial level street lighting shall be installed at the
project entrance at the time of issuance of the
certificate of occupancy.
e. Access to the site is sho~n by way of Golden Gate
Boulevard. Access may be constrained as follows:
i.) Under the two lane condition for Golden Gate
Boulevard, the site may enjoy full access in
concert with the installation of both eastbound and
westbound turn lanes.
ii.) Under the fbur-lane or six-lane condition for
Golden Gate Boulevard, the site may be constrained
to a right-in/right-out only. Nothing in any
approval shall vest any right of median opening in
this site.
· .De secured by way'of the park'%ntran-d~-~6~
..... ' .~ peak use .of.the church 'may
-~'R= .:-? ~-~".-,~,the. park, ~this .'option may ~beiviable ~ -::.
. .:''.~~ .,...;; ........ .-,..-. .............. ... .. :_j. ~ ..' ,.. r.~= --~rr~ ---- ; -
g. The County may require additional .25 feet of ' ":
right-or-d, ay to four-lane Golden Gate Boulevard. This
donation shall be accomplished ·when requested by the
County. Any future right-of-way donation may be
eligible for road impact fee credits consistent with the
requirements set forth in Ordnance 92-22, as amended.
h. The existing ~idewalk should be replaced in kind a~ a
consequence of any construction on the site.
i. Evidence of a positive drainage outfall shall be
provided during the Site Development Plan approval
process.
j. The driveway 'location shall be consistent with the
Collier County Access Management Policy, Resolution
92-422.
k. The Petitioner shall provide an additional 20 foot
buffer with the required Type "D" buffer along Golden
Gate Boulevard at the time of Site Development Plan
Approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner Conc~anr{n~ offered the foregoing
Resolution and moved for its adoption ~seconded by Co~issioner ..
AYES: Cor. mis~ione~ Constantine, ~ommiss[oner ~ac'Kie, Ccmmissioner Hancock, .
~AYS: Commissioner
ABSE~;T A~:D ~;OT VOTING:
Done this -'22nd °' day of ~' 'O~'tobe~~'' , 1996.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
:;~N C. NORRIS, CHAIRM~tN
FI~;DING OF FACT
BY
COLLIER COU~TY PLAJ~NING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-12
The following facts are found:
Section 2.2.3.3.1 of the Land Devlopment Code authorized
the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
ao
Consistency with the Land Development Code and
Growth Management PlaJ
Yes / No
B. Ingress and egress to property and proposed
structures thereon with.particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe: ~-v--~.....?
Adequate ingress/& egress
Yes
c. Affects qeighboring properties in relation to
noise/glare, economic or odor effects:
/No affect or Affect mitigated by
Affect'cannot be hitigated
D. Compatibilit~ with adjacent properties and other
property in the district: ..... ..
Compatible use within ~istrict
Yes . z~/~ No
Based on the above findings, this ~nal use should,
with stipulations, (copy attached~houl_~3D~) be
recommended for approval
)
DATE: /O ~/ .
FINDING OF FACT CHAIRMANI17621
EXHIBIT "A"
'- ....... NOV 1 8 1997
EXECUTIVE S~Y
REQUEST TO GR3tNT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND
SEWER IMPROVEMEntS FOR THE FINAL PLAT OF "VILLAGE WALK, PHASE THREE"
OBJECTIVE:
To grant final acceptance of "Village Walk, Phase Three"
CONSIDERATION:
On April 22, 1996 the Board of County Commissioners granted
preliminary acceptance of the roadway, drainage, water and
sewer improvements in "village Walk, Phase Three".
o
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 recommending
final acceptance of the improvements.
~W 4. A resolution for final acceptance has been prepared and
approved by the County Attorney's Office. A copy of the
document is attached.
FISCAL IMPACT:
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.
GROWTH ~A/~AGEMENT IMPACT: None
NOV 1 8 1997
Executive Summary
Village Walk, Phase Three
Page 2
RECOM/~EN-DATION:
That the Board of County Commissioners grant final acceptance of
the roadway, drainage, water and sewer improvements in "Village
Walk, Phase Three" and release the maintenance security.
I. Authorize the Chairman to execute the attached resolution
authorizing final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY:
John R. Houldsworth, Senior Engineer
Engineering Review
Date
Thomas E. Kuck, P.E.
Engineering Re~,iew Manager.
Donald W. Arnold
~ .~2-Pl-annJ~ng Services~,/. D~
Vincent A. Cautero, Administrator
Community Dev. and Environmental Svcs.
Community Dev. and Environmental Svcs. DIVISION
//- 3- ?F'
Date
Date
NOV 1 8 '1997
Pg. ~
FLORIDA.
25
36
PRO~'ECT
LOCATION
,A?Z P AF2,..~' A Y
3
i
6
13
30
c.~.
29
32
T 48 S
v A.vI) L'~B [LT
T 49 S
5
8
29
28
ROAD
4
9
16
LOCATION
,t
!
15 14
27 --o
MAP
AG£~
No.
1
6
7
9
10
11
12
12,
14
~5
15
~?
t9
20
21
22
25
25
27
2~
29
30
55
2,?
,~0
,~2
44
45
,~5
47
4~
49
5O
5t
52
5~
55
55
57
58
59
60
RESOLUTION NO. 9'/-
RESOLUTION AUTtlORIZrNG FINAL
ACCEPTANCE OF THOSE ROADWAY,
DRAINAGE, \VATER AND SEV,T:.R
IMPROVEMENTS IN VILLAGE WALK PHASE
'I'tIREE, REI.EASE OF TIlE MAINTENANCE
SECUK1TY, AND ACCEP'I'[NG TIlE
MAP.,;TENANCE RESPONSIBILITY FOR THE
ROADWAY, DR. AINAGE , WATER AND SEWER
IMPROVE,',.IENTS THAT ARE NOT t:LEQUIRED TO
BE MAINTAINED BY THE HOMEO~,t,%'ERS
ASSOCIATION.
\VHEREAS, the Board of CounD' Corr~missione,"s of Collier County, Florida. on
October 10, 1995 approved the plat o," Village Walk Ph~e Tl'a'ee for recording; and
\\'HEREAS, the developer has construe, ted and maintained the roadwa.v, drainage.
water and sewer improvements in accordance with the approved pl~-.s and specifications
and as required by thc Land Development Code (Collier County Ordinance No. 91-102.
as amended), and the U:ihties Standards and Procedures Ordinance (Collier Count'..'
Ordinance No. 97.17), and
WHEREAS, the developer has now requested final acceptance of'the road',t ay.
drainage, ~t ater and se~ er improvements and release of his maintenance security; ?",d
\VHEREAS, the Compliance Services Section of the Development Sen'ice~,
Dcpa,~,me:',t has inspected the roadway, drain:ge, water and se:vet improvements a.:d is
recommending acceptance of said facilities.
NO',\', THEREFORE, BE IT RESOLX. TD BY THE BOARD OF COLLNTY
CO.',.I.xlISS~ONERS OF COLLIER COb.'NTY, FLORIDA, that fin"l acceptance be
granted for those roadway, drainage, water and sewer improvemen~ in Village V','a?..:
Phase Three, and authorize the Clerk to release the maintenance secuHD'.
BE IT FURTHER RESOLVED AN'D ORDERED that the Count.,,' accept the
future main,'enance and other attendant costs for the roadway, drainage, water and s:'a er
improvements that are not required to be maintained by the homeowners association.
This Resolution adopted after motion, second and majoriD' vote £avoring s~me.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
C HAIP~MA.'q
BOARD OF COb~"Pf CO*I.MISSIONERS
COLLIER COU,"NTY, FLORIDA
By:
TIMOTHY L. I-L-X_"4COCK,
Approved a,; to fo~m and legal
sufficiency:
Heidi F. Ashton
Assistant Collier Count'?.' Attorney
NOV 1 8 1997
~XECUTIVE SUM2~_ Y
REQLTEST TO APPROVE FOR RECORDING THE FINAL PLAT OF ,,KENSINGTON
GARDENS, A/TD APPROVE THE VACATION OF A PORTION OF THE RECOP. DED
PLAT OF KENSINGTON PARK PHASE ON-E, PETITION AV-97-023" THIS ITEM
M3%Y BE MO%rED TO THE REGULAR AGENDA IF STAFF RECEIVES A REQL~ST TO
HA%rE THE ITEM DISCUSSED
OBJECTIVE:
To approve for recording the final plat of ,,Kensington Gardens", a
subdivision of lands located in Section 13, Township 49 South,
Range 26 East, Collier County, Florida, and approve the vacation
of a portion of the recorded plat of Kensington Park Phase One,
AV-97-023.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of
"Kensington Gardens". 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 an Irrevocable Letter of Credit. 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 and authorizing the vacation of the Kensington
Park Phase One plat is attached. This would be in conformance
with Florida State Statute No. 177.101(2).
Engineering Review Section recommends that the final plat of
"Kensington Gardens" be approved for recording and that a copy of
the vacation resolution be forwarded to the Clerk of Courts.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $531,394.90 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water
b) Sewer
c) Drainage
d) paving, Grading
- $ 88,662.00
- $ 96,317.00
- $ 83,347.00
$263,068.90
The Security amount, equal to 110% of
project cost, is $585,200.00
NOV 1 8 1997
Pg. L _
Executive Summary
Kensington Gardens
Page 2
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $8,396.42
Fees are based on a construction estimate of
$442,732.90 (does not include water distribution system
which is served by the City of Naples) and were paid in
September, 1997.The breakdown is as follows:
a) Plat Review Fee
- $ 581.00
b)
c)
Construction Drawing Review Fee
Sewer (.50% const, est.)
Drainage, Paving, and
Grading (.50% const, est.)
Construction Inspection Fee
Sewer (1.5% const, est.)
Drainage, Paving, and
Grading (1.0% const, est.)
- $ 481.59
- $1,472.27
- $1,444.76
- $4,416.80
GROWTH ¥~NNAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOM~4EN-DATION:
That the Board of County Commissioners approve the Final Plat of
"Kensington Gardens" with the following stipulations:
Accept the Irrevocable Letter of Credit as security to
guarantee completion of the subdivision improvements.
Authorize the recording of the Final Plat of "Kensington
Gardens."
Authorize the Chairman to execute the attached construction
and maintenance agreement and vacation resolution.
4 o
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.
NOV 1 8 1997
Executive Summary
Kensington Gardens
Page 3
6. That an original Construction and Maintenance Agreement be
provided prior to the pre-construction meeting.
PREPARED BY:
John R. H6uld~orth, Senior Engineer
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Manager
~.. C-(. -~'~ ~!.
Donald.W] \ x.
-Arnold~
Planning Se~ices ,D~tor
~A. Cautero, Administrator
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
JRH
Date
Date
///% ./ ," /
5a~e/
Dater
NOV 1 8 't997
P~.
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF SUBI)IVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this ___ da.,,' of , 1997 betv,'een J. Dudley
Goodlerte, Trustee hereinafter referred to as "Developer", and the Board of County Commissioners
of Collier CounD', Florida, hereinafter referred to as "The Board".
RECITALS
1. Developer has, simultaneously ',,,ith the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as:
Kensington Gardens
2. Division 3.2 of the Collier Count,,' Unified Land Development Code requires the
Developer to post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of ihe required improvements.
NOW, THER.EFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth. Developer and the Board do hereby covenant and agree as follows:
1. Developer ,.,,'ill cause to be constructed: a potable water system, sanitary sewer system,
drainage, grading, paving and miscellaneous as outlined in Engineer's Cost Estimate (attached hereto
as Exhibit "A" and by reference mad,.' a part hereof') within 12 months from the date of approval
of said subdivision plat, said improvements hereinafter referred to as the required improvements.
AGE I
NOV I 8 1997
2. Developer herewith tenders its subdivision performance security 0~ttached hereto as
Exhibit "B" and by reference made a part hereof) in the amount of S585,200.00 which amount
represents 10% of the total contract cost to complete construction plus 100% of the estimate cost
to complete the required improvements at the date of this Agreement.
3. In the event of defauh by the Developer or failure of the Developer to complete such
improvements within the time required bi,' the Land Development Code, Collier County, after written
notice to Developer, ma.,.' call upon the subdivision performance securiB.' to insure satisfactory
completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion bv Developer's engineer along with the final project records have been
furnished to be reviewed and approved bF' tile Development Services Director for compliance with
the Collier Count.,.' Land Development Code.
5. The Developmem Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his prelimina, ry
approval of the improvements; or b) notify the Developer in writing of his refusal to approve
improvements, therev.'ith 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.
NOV 1 8 1997
1
improvements required herein. Thc Developer, as principal under the subdivision performance
securit.',', shall be liable to pa>' and to indemnify the Board, upon completion of such construction,
the final total cost to thc Board thereof, including, but not limited to, engineering, legal and
contingent costs, together with any damages, either direct or consequential, which the Board ma>'
sustain on account of the failure of the Developer to carD' out all of the provisions of this
Agreement.
9.
upon the Developer respective successors and assigns of the Developer.
All of the terms, covenants and conditions herein contained are and shall be bin:ting
NOV 1 8 1997
IN \X,qTNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their dui>' authorized representatives this , da)' of ' ~ ., ,'997.
Signed, Sealed and Delivered
in tl'/e presence of:
Witness ~/
Printed Name
,~nted Name
ATTEST:
D\\'IGHT E. BROCK, Clerk
J. Dudley Goodlette, Trustee
By:
J. Dudley Goodleue, Trustee
BOAPd) OF COUNTY CONLMISSIONERS
OF COLLIER COUNTY, FLOR.IDA
Approved as to form and legal sufficiency:
David Weigel
Collier County Attorney
By:
Timothy Hancock, Chairman
96425',.con&main.agr
.o./~
NOV 1 8 1997
EXHIBIT "A"
ENGINEER'S COST ESTIMATE SUMMARY
I. Potable Water System
ii. Sanitary Sewer System
III. Drainage
IV. Paving Concrete, Miscellaneous
SubTotal
Total (rounded to nearest S1,000)
10% of Total
~ 110% Letter of Credit amount =
$ 88,662.00
S 96,317.00
S 83,347.00
5263.068.90
S531,394.90
S532,000.00
S 53.200.00
5585,200.00
oast
October 22, 1997
IRREVOCABLE STANDBY LETTER OF CREDIT No. 97- tr)~,
ISSUER:
Gull' Coast National Bank
3838 Tamiami Trail North
Naples. FL 34103
PLACE OF EXPIRY: At Issuers counters at the above address.
DATE OF EXPIRY: October 22, 1998.
BENEFICIARY:
The Board of Count)' Commissioners
Collier County. Florida
c/o Office of the Count,,,' Attorney
Collier County Courthouse Complex
Naples, Florida
APPLICANT:
J. Dudley Goodlette, Trustee
4001 Tamiami Trail North
Suite 300
Naples. FI_. 34103
AY, IOU.'NT: FIVE HL:'NDRED EIGHTY-FIV'E THOUS.kND TWO HL.'NDRED
AND NO/100 DOLLARS ($585,200.00) U.S. up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer
BY:
Payment a.go_ainst documents detailed herein and Beneficiar)"s drafts at sight
drawn on the Issuer
DOCb.'3, IENTS REQUIRED:
LOCATION: 383S Tar'niami Trail Nocrh. Naples. FL 33940 · ;MAILING ADDR[.SS: P.O. Box 413040. Na
PHONE: (9411261-42.62 . 1-800-64.8..4262 · FAX: (941) 261-0501
AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON
THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S
STATEMENT PURPORTEDLY SIGNED BY THE COUNTY
MANAGER, CERTIFYING THAT: "J. Dudley Goodlette. Trustee, has
failed to construct and/or maintain the improvements associated with that
certain plat of a subdivision known as Kensington Gardens or a final
inspection satisfactory to Collier County has not been performed prior to
the date of expio', and satisfactorv alternative performance security has not
been provided to and formallv accepted by the Beneficiary."
l
Irrevocable Letter
of Credit
October 22, 1997
Page 2
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT 5IUST BE MARKED:
"Drawn under Gulf Coast National Bard< Irrevocable Letter of Credit No.
97- 0/a dated October 21, 1997." The original Letter of Credit and all
ame~ndments, if any, must be presented for proper endorsement.
OTHER PROVISIONS:
This Letter of Credit sets forth in full the terms of issuer's undertaking and
such undertaking shall not in any way be modified, amended, or amplified
by reference to any document, instrument, or agreement referenced to
herein or in which this Letter of Credit relates, and any such reference shall
not be. deemed to incorporate herein by reference any document, instrument
or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in
compliance with the terms of this Credit will be duly' honored by' Issuer if
presented within the validity of this Credit.
It is a condition of this I.etter of Credit that it shall be automatically
extended without amendment for one year from the Expiration Date
hereof, or an,',' future expiration date, unless sixty (60) day's prior to an.,,'
expiration date we send notice to you by Certified Mail, to the above
address, that we elect not to extend this Credit for an.',' such additional
period.
This Credit is subject to the Uniform Customs and Practice for
Documentary Credits (1983 Revision) International Chamber of Commerce
Publication No. 400.
Very truly 3.'ours
OUL,.fi,2COAST NATIONAL BANK
/.,./erry ~ ~illi
President
NOV .L 8 1997
TRACT GC 1
KENSINGTON PARK PHASE
(Pi_~7 BOOK 21. PAGE5 62-67)
ONE
v It ~o~o .-:/-POINT
~. OF BEGINNING
59 9:~ 24
TRACT D -'~ TRACT R
~ = KENSIXGTON PARK PHA~E THREE-B
~NSINGTON P~K P~SE ONE ~l~ (P~T aOOK ~8. PACE
BOOK ~:, PACE
',~,',::~: ,-x POINT OF
/ 50 co r ~ Ek
/ "'~ COMMENCEMENT
-POINT OF BEGINNING
TRACT GC2
KENSINGTON PARK PHASE ONE
(PL~? BOOK 21, PAGES 62-67)
NOV 1 8 1997
ENGINEERING
CONSULTANTS
INC
KENSINGTON PARK PHASE ONE
PORTION OF TRACT GC2
(GOLF COURSE, LAKE MAIN~I'ENANCE, ACCESS AND DRAINAGE EASEMENT)
TO BE VACATED
DESCRIPTION
That part of Tract GC2 of Kensington Park Phase One, a subdivision recorded in Plat Book
21, Pages 62 through 67 of the Public Records of Collier County, Florida being described
as follows:
Commencing at the northeast corner of Tract GC4 of said subdMsion run 330.96 feet along
the eastern line of said Tract GC4 and the arc of a cu~'e concave to the southeast ha,Ang
a radius o~ 480.00 feet, a central angle of 39'30'19" and a chord of 324.44 feet bearing
S37'37'57'W; thence S72'07'13"E 360.00 feet to an intersection ,.vith the westerly line of
said Tract GC2; thence along said westerly line S17'52'47"W 42.47 feet to a point of
curvature and the POINT OF BEGINNING; thence 49.56 feet along the arc of a curve
concave to the east having a radius of 75.00 feet, a central angle of 37'51'49" and a chord
of 48.67 feet bearing S01'0Y0S"E to a point of reverse curvature; thence 63.30 feet along
the arc of a curve concave to the southwest having a radius of 210.00 feet, a central angle
of 17' 16'19" and a chord of 63.07 feet bearing Sl1'20'53"E to an intersection w/th the
boundan,' of said Tract GC2; thence along said boundary. 22.64 feet along the arc of a cu~'e
concave'to the southeast having a radius of 200.00 feet, a central angle of 06'29'0-4' and a
chord of 22.62 feet bearing N66'43'26"W to a point of reverse curvature; thence 38.33 feet
along the arc of curve concave to the northeast having a radius of 25.00 feet, a centrai angle
of 87'50'45" and a chord of 34.68 feet bearing N26'02'36"W to a point of tangency; thence
N17'52'47"E 73.96 feet to the POINT OF BEGINNING.
The above describes an area of approx/mately 1,834 square feet of land.
Subject to easements, restrictions and reservations of record.
COAST..A.L ENGINEERING CONSULTANTS, INC.
FLO BUS ~THORIZATION NO. I.B ?.-;64
Richard J. Ew'ing/~.P.
Professional Surveyor and Mapper-
Florida Certificate No. 5295
NOT VAi. ID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FiLE NO. 96.324
DATE SIGNED:/~ -
3106S HORSESHOE DRIVE* NAPLES. FLORIDA 34104, (941) 643-2324, FA
NOV 1 ~ 1997
9,,
L
COASTAL
ENGINEERING
CONSULTANTS
INC
KENSE\'GTON PARK PHASE ONE
PORTION OF TRACT GC1
(GOLF COURSE, LAKE MAINTENANCE, ACCESS AND DRAhNAGE EASEMENT)
TO BE VACATED
That part of Tract GC1 of Kensington Park Phase One as recorded in Plat Book 21, Pages 62
through 67 of the Public Records of Collier County, Florida being described as follows:
Commencing at the intersection of the ,,,.'est line of Tract R 0iaton,.vood Lane) of Kensington
Park Phase Three-B as recorded in Plat Book 28, Pages 5 and 6 of said Public Records with the
northerly line of Tract GC2 of said Kensington Park Phase One subdivision, run N00°09'47''W
along said west line of' Tract R for 60.00 ~'eet to an intersection v,'ith the southerly line of said
Tract GC1; thence along said southerly line S89°50'IY'W 24.94 feet to the POINT OF
BEGIN%5'NG; thence continue along said southerly line S89°50'lY'W 59.99 feet; thence leaving
said line N44°50'13"E 7.07 feet; thence N$9%0'lY'E 50.00 feet; thence S45°09'47"E 7.07 feet
to the POINT OF BEGFN~TNG.
The above describes an area of approxim2te!y 275 square feet of land.
Subject to easements, restrictions and rese~'ations of record.
COASTAL ENGIN'EERING CONSLTLTAaNTS, INC.
FLO/_K~ BUSIN%.SS. AUJHORIZATION NO. LB 2464
Richard j. Ewin=, V~.P. ~
Professional Surveyor and Mapper
Florida Certificate No. 5295
NOT VALD WITHOUT TI-[E SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR A.ND MAPPER
CEC FILE NO. 96.324
DATE SIGNED:/o -/t' '-~ 7
3106 S. HORSESHOE DR!VE ° NAPLES. FLC"~'DA 34104 ° (941) 643-2324 ° F~
NOV 1 8 1997
J
TRACT GC1
KENSINGTON PARK PHASE
(P~T BOOK 21. FAGES 62-67)
ONE
~-POINT OF BEGINNING
TRACT D =;q TRACT
b:~ KENSINGTON PARK PHA~E THREE-B
~NSffNGTON P~k P~sE ONE ~: (~L~ ~o~ ~s.
(P~T BOOK ~. PAGE ~-~7)
~ ~'~':~:co. ~% POINT OF
~ COMMENCEMENT
u POINT OF BEGINNING
TRACT GC2
KENSINGTON PARK PHASE ONE
(PLIT BOOK 21. PAGES
HO. ~
NOV 1 8 ]997
ENGINEERING
GONSULTANTS
KENSDiGTON PARK PtlASE ONE
PORTION OF TRACT GC2
(GOLF COURSE, LAKE MAINTENANCE, ACCESS ANI) DRAINAGE EASEMENT)
TO BE VACATED
That part of Tract GC2 of Kensington Park Phase One as recorded in Plat Book 21, Pages 62
through 67 of the Public Records of Collier County, Florida being described as follov,'s:
Commencing at the intersection of' the ,,,,'est line of Tract R CEatonwood Lane) of KensinDon
Park Phase Three-B as recorded in Plat Book 28, Pages 5 and 6 of said Public Records with the
northerly line of Tract GC2 of said Kensington Pa':k Phase One subdMsion, run S89°50'13''W
along the northerly line of said Tract GC2 for 10.81 feet to the POiNT OF BEGIN~WNG; thence
continue along said northerly line S89°50'13''W 70.01 feet; thence leaving said line S45°09'47''E
14.15 feet; thence N89°50'13''E 50.00 feet; thence N44°50'13''E 14.15 feet to the POINT OF
BEG D,LNTNG.
The above describes an area of approx~m-te~,', 600 square feet of land.
Subject to easements, restrictions and reser~'ations of record.
COASTAL ENGD,,"EERI'NG CONSULT,UN'TS,
FLORI.D-A BUSINT_,SS AUTHORIZATION NO. LB 246.!
~chard J. Ewing,
Professional Sup,'eyor and Mapper
Florida Certificate No. 5295
NOT VALD \~qTHOUT THE SIGNATUR.E ANT)
THE ORiGiNAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR gaN'T) MAPPER
CEC FFLE NO. 96.324
DATE SIGN-ED: / o .--/.C"~' ,7
3106 S. HORSESHOE DRIVE * NAPLES, FLORIDA 34104 * (c,,41) 643-232zl
NON/1 8 1997
Z
0
/
/
/
, /
!
!
!
!
/
1
/
/
/
/
NO.
NOV 1 8 1997
Pi. ~~
Z
0
<.~
..-
ATT^¢r,..:.,'T D
.... WITH ~.EP~_~ (EXCEPT FOP. ROAD RIGHT-OF-WAY)
Date Received: IQ' ~5- ~-~ Petition /:~V-.~'
Petitioner/O'~ner: j. D~dlev '~
Address: 2760 ~ir.e ~tdce P~d Telephone:
- c~C · Na~iesf Florida zip Code:
City/ .... e.~
A~ent: ~s~l ~in~rir~ ~n~al~-~t5, Inc.
Address :__31Q~ J, ~r~~ i'''e Telephone:_
34104
city/State:_ ,,apl.s, Flocida Zip Code:
Location: Section __ 13 To'~nship 495 Range .25E
Legal Description:?~ta o's'ed
Subdivision: Y. ensincton Park PPmse Cr.e
Plat Rook 21 Page (5) 6~ - 67
Reason for Request: p~!at for
Current Zoning:_ P'~ . Does this affect density?
I Hereb'3 Authorize Agent Akove ts Represent ~e for this
Petition:
Yes X ~:o ~
Signature cf Petitioner
DaLe
Frinte~ Title
~ "Policy an~ ?rc~e~ure of Vacation
petition, and deliver or ~ail
Collier Co'tnt':' ~roject
Encir. eerin~ Ee','Se'~ Servlce5 cf
~-~ .... it}' ~e'.'e!cpment and En-.,irsnmenta!
£er'/ices
Collier County G~','ernr. ent
~:aples, Fla. ]3552
2
3
: RESOLUTION AUTHORIZING THE ACCEPTANCE OF y~NS INGTON
5 GARDE~;S A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED
6 PLAT F~-~O;~4 AS KENSI:~GTON PAP. K PHASE ONE, A.~.qD AUTHORIZING
7 THE VACATION OF A PORTION OF TP. ACTS GCi
8 COURSE, LAKE MAINTENANCE, ACCESS A,~D D?3. INAGE EASEME::TS)
.... 9 ACCORDING TO THE RECORDED PLAT OF KENSINGTON PARK PF-~.SE
~0 ONE ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION
~I AV-97-023
WHEREAS, the Board of Count'/ Commissioners of Collier County,
~ Florida, cn February 23, 1993 approved the plat of Kensing'_on Park
..~. 15 Phase One for recording; and
~6
~-k~ %7 %;HEREAS, Dudley Goodlette, as Trustee is replatting a portion
~ of Kensington Park Phase One and has filed for a replat of said
.... 19 lands; and
20
'"- 2% WHEREAS, except as pro'~ided for in this Resolution, this re.u!at
..-- ]~ does not extinguish or in an'£~ay a~~ect the dedications contained in
· ..: 2~ the previous plat of these lands; and
25 7:HEREAS, Dudley Goodle%te, as Trustee desires to vacate a
--" 25 portion of the previously recorded plat as described in Exhibit A; and
27
2~ ;:HEREAS, this parcel, the a.~pro'/ed plat of Kensington Gardens,
--- 29 ~s a part of a previously approved and recorded plat, Kensington Park
30 Phase Cne, and the filing and recording of this approved plat shall
3I no% affect access to lots prev'iously conveyed under the Kensington
..... 32 plat.
_ ~ 3: ::~;;, THEREFORE, BE iT P. ESCL';ED A2;D O.:.DE.:.ED BY THE _=C. ARD OF
35 CCbY:TY CO:-'.M~SSiONERS OF COLLIE.:. CCL%~TY, FLORIDA, that the o!at of
..... 35 Kensington Gardens, a par'. of a pre';!cusly approved and recorded plat,
37 Kensington Park Phase One, is hereby approved for recordin? and the
-- ~' 3~ dedica%±cns contained on the plat of Kensinc. ton Park Phase Cne are
__ 39 hereby accepted, and those lands described in Exhibit A are hereby
~'0 vacated. Said vacation shall heccr, e effective upon recordation of
~': subject pla%.
~ Circui~ Court shall make pr$.uer ncaa%ion of this action upon the
~'~ previous plat and record a cer-.lf!ed copy of this repia-_ and a
~ . r__~ .... c.. in the Official Records cf
-'5 cer[ified copy o~ the ','acatlcn == '"'~ " '
~'7 Collier Count':'.
ibis Resoiu~:sn adopted -f~_r motion, second and majority '.'~t~
~,~ fa'.'or~n_u same.
"' ~3 E'ATED:
5.: AiTES?:
56 BOARD OF COU%;TY CO>'-"~.iSSiSXER$
57 DWIGHT E. EP. OCK, CLERK COLLIER COb~:T'f, FLORIDA
61 TZMOTHY L. HA~NCOCK
62 CF=% I
Approved as to form and legal
66 sufficiency:
69 Hefd~ F. A'shton
.... 70 Assistan% Collie:' County Attorney
7~
72
.o.
-" NOV 1 5 1997
EXECUTIVE SUMMARY_
APPROVE PURCttASE tSF GRAPPLE TRUCK FOR COLLECTION OF WASTE TIRES AND
OTItER DEBRIS WITtl TIRE GRANT FUNDS, USING STATE CONTRACT 0?0-700-23-0.
OB.IECTIV~E: To provide a vclucle to be used to clean up tires and olher debris at illegal dump sties.
~CONSIDERATIONS: This Expanded Scm'ice item was approved in the F'Y98 Solid Waste budget.
x~ill be purchased from a State Contract for heaw equipment, and paid for v, fth State Tire Grant funds.
This vehicle will allow the Count)' to provide quicker response and more efficient clean up of illegal w~.ste
tire and debris dump sites, using less manpower than previously used for clean-up crews with dump trucks
or low-boy-and-loader teams. The resulting improvement in litter control and increased mosquito
abat.:ment will benefit the appearance, health and cnviromncnt of all Collier Count)'.
FISCAL IMPACT Funds arc available for thc cnurc $66.948 purchase in:
Fund 472 (Solid Waste Grants).
Cost Center 173423 (Tire Grant)
GROWTH MANAG_EMENT IMF.ACT: None
~,348
RECO,MMEND_ATIO~.: That the Board of Count>>> Commissioners approve the purchase of grapple
track from a State Contract with Tire Grant funds ac~ ai:::gr~ve tJ"~ r~:essars' ~ arrerxJ~t~Yc.
pREPARED BY:
REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
Jo~n S. Bmdcnnam. Solid Waste Coordinator
David \¥. Russell, Solid Waste Director
~A d m i n i stra~-~--' ~~'~io r
EXECUTIVE sUMMARY
RECEIVE BOARD APPROVAL TO AWARD A CONTRACT FOR MEDIAN AND SELECTED
PUBLIC AREA GROUNDS MAINTENANCE FOR THE IMMOKALEE BEAUTIFICATION
M.S.T.U.; BID NO. 97-2719.
!2~Jf,.C.,IIX~: To receive Board approval of the Immokalee Beautification Advisory Committees
recommendation to eliminate the Street Sv,'eeping portion of the Contract Bid No. 97-2719 and
award the new low bid for median landscape services only, to Commercial Land Maintenance, Inc.
for Fiscal Year 97/98.
CONSIDERATIONS: Invitations to Bid were sent to seventy-eight (78) vendors, advertisement for
Bid No. 97-2719 was posted on August 5, 1997, a pre-bid conference was held on August 21, 1997,
and on September 3, 1997 all sealed bids were opened. A summary of the bids received and are as
follows:
c o N'IX,.W,_ZO.~ ~
Environmental Care, Inc ......................
Michael Todd, Inc ................................
Commercial Land Maintenance, Inc .........
$56,874.96
$61,934.92
$70,384.00
At the Immokalee Beautification Advisory Committees monthly meeting of September 17, 1997, the
committee requested each vendor attend and provide a presentation/review of the Street Sweeping
contract item, to clarify the inconsistent bid proposals for that service. Each vendor provided the
information independently before the advisory committee, addressing the sweeping equipment type,
operation and their proposed costs for the services specified in the contract bid.
CONTRACTOR
STREET SWEEPING PORTION of BID
Environmental Care, Inc ......................
Michael Todd, Inc ................................
Commercial I. and Maintenance, Inc .........
$ 7,800.00
$13,000.00
$27,564.00
Staffalso reviewed anti recognized that the contract specifications did not clearly specify that a dual
operator controlled vehicle ,,,,'as required (per FDOT Regulations) to perform the sweeping sen'ices
on State Road 29 (Main St., Immokalee), thereby eliminating the street sweeping sub-contractor for
Michael Todd, Inc. who was incapable of providing that specific street sweeping machinery.
Accordingly, the Committee made a motion to recommend that the Street Sweeping portion of this
contract be eliminated fi.om all the bid proposals and award the Immokalee Landscape Maintenance
,'"ontract Bid No. 97-2719, to the new Iow bidder Commercial Land Maintenance, Inc., for landscape
ma 'enance services .gnly. The following Reduced Base Bids reflect the Total Base Bid minus the
indi .dual vendors (bid specified) Street Sweeping annual cost.
CONTRACTOR
REDUCED BASE
Environmental Care, Inc ......................$49,074.96
Michael Todd, Inc ................................ $48,934.92
Comm':rcial Land Maintenance, inc ......... $42,820.00
Il}
Page 2
Executive Summary
Immokalee M.S.T.U. Bid No. 97-2719
FISCAL IMPACT: Fund (156) Immokalee Beautification M.S.T.U. has budgeted $95,000 under
Object Code 634999 (Other Contractual Services) to provide for the requested Landscape
Maintenance Contract of 542,820.00 and any other separate services required (i.e. Street Sweeping,
Mulch, Major Irrigation Repairs, etc.) for Fiscal Year 97/98.
GROWTH .MANAGEM/.NT IMPACT: none
I~,_C,_(~JJXIJF_~_LIZ&ITi_(.~: That thc Board of County Commissioners approve the Immokalee
Beautification Advisory Committee's recommendation to remove the Street Sweeping portion of the
submitied bid proposals and award the proposed annum landscape maintenance only portion of the
contract, Bid No. 97-2719 to Commercial Land Maintenance, Inc. in the Total Annual Amount of
$42,82O.00.
o2lephen F. Fabiano, Engin.er Ii
Transportation, Landscape Services
REVIEWED BY:
Stephen Carnell, Director
Purcha~sicg __.,
Da~'id F. Bobanick, Interim Director
REVIE "ED B
Ed Ilschner, Adlmmstrator
Public Works
DATE:
DATE:
I
EXECUTIVE SUMMARY
APPROVE COLLIER COUNTY CONSENT TO USE AGREEMENT WITH FLORIDA
POWER AND LIGItT COMPANY FOR ELECTRICAL POWER SERVICE TO TEN NEW
RAW WATER WELLS FOR TilE NCRWTP 8-MGD EXPANSION PROJECT NO.
70859/70828.
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of
the Collier County Water-Sewer District, approve a Collier County-issued Consent To Use
Agreement with Florida Poxver and Light Company (FPL), so they may place electrical facilities
within the County existing road right of way and utility easements.
CONSIDERATIONS: The NCRWTP 8-mgd Expansion project includes ten new raw water wells
that will supply brackish raw water to the NCRWTP for potable water production ,,,ia reverse
osmosis teclmology. In order for these wells to be able to pump raw water from the wells to the
plant, FPL power is necessary for the pumps and motors to operate.
FPL is currently designing the electrical sen, ice equipment (electrical power poles, overhead wire
and guy xvires) to be placed within the County's existing road r/ght of way and utility easements. If
this agreement is not processed, the other alternative would require FPL to initiate the process of
obtaining their own easements. This would delay the project approximately one year, due to the
potential of having to go through the condemnation process. This option is not viable, since it is
critical to get the expanded plant on-line to meet 1998-1999 peak season demands.
,..~ FISCAL IMPACT: None.
~'~ GROWTtt MANAGENIENT IMPACT: This agreement would facilitate water sen, ice
reliability via implementing Capital Improvement Element 859, NCRWTP 8-mgd Expansion
project.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing
E,, ,rd of the Collier County Water-Sewer District:
1. pprove a Collier County-issued Consent To Use Agreement with Florida Power and Light
~ompany (FPL), so they may place electrical l~acilities within the County existing road right of
way and utility easements.
2. Authorize the Chairman to exectite thc appropriate agreement documents.
Executive Summary
Approve Collier County Consent To Use Agreement With FPL
Page 2
PREPARED BY:
Peter Schalt, PMP, Project Manager
Office/~ f Capital Projcct~ Management
Adolfo 'X~donz[~ez, P.E.,
Office of Capital Projects M~'nagement
REVIEWED B~.'~~~~
Ed Ilschner'~, Administrator
Public Works Division
DATE:
[)ATE:
DATE:
cc: Mike Newman, Water Director
Karl \\'. Boyer, P.E., Senior Project Manager
Attachments: Four (4) Consent To Usc Agreements for Chairman's signature
COHSEI';T TO USE EASEMENT AREAS
THIS AGREEMENT, made this .__ day cf _ ,1997, between the
Board of Ccunty Commissioners of Cdlier Courtly, Florida, as the Governing Body el Collier County
and Ex. Officio the Governing Board el the Collier County Water. Sewer Disldcl (hereinafler re[erred to
as 'County') and Florida Power and Light Company (hereinalter relerred Io as 'FP&L').
WHEREAS, County is the holder of cedain Ulility Easements granted lo the Board of County
Commissioners el Collier County, Florida as the Governing Body et Collier County and Ex-O!flcio the
Governing Board of the Collier Courtly Water. Sewer Oislrict, recorded in Ihe eminent domain case filed
on t,tarch 27, 1996. Case f.io. 96.1315.CA.01.CTC followed by the Order of Taking held June 17, 1996
in Collier County, Florida (hereinafler colteclivel't referred lo as the 'Easements'), which are luther
described a'~ to spe';.if, c Easemenls v,'ilhin E:~h;bil 'A', and:
WHEREAS, FP&L desires I¢.: '~ce eleclric power poles, n Jrt overhead electric lines, place
transformers on power poles and brace poles with guy wires within and on a podion of the County's
Easemenls for ~he purpose of eleclricily to the water well sties as pad of Ihe tiorth Collier Regional
Water Treatment.,PJant Expansion Project, and;
WHEREAS, Ccunly is w:,iJing fo con~ent therelo subject Io lhe following terms, stipulafions and
condilion~: '
1) 1.;oI withstanding any provision of lhe Easements which prohibils such construclion and
i,ts',a~'alion and subjecl lo the ~erms, slipulations and condilions stated herein, consent is
hereby given by County to FP&L Io inslatI electric power poles, run overhead eleclric lines,
~'a;e Iransformers on power poles, brace poles with guy wires and mainlain eteclricBI
connections 1o well siles wilhin Counly Easemenls.
2) F?&L accepts this 'Consent lo Use Easement Areas' wilh full knowledge of Counly's prior
ri~hls and e:~isling facililies. This consent shall nol be construed ~o reduce or diminish
County's prior rights in any way.
3) All c,[ FP&L's facit?,ies Ioca'.ed v,,ithi.q the County's Easements shall be so construcled,
u'.i',ized and maintained as lo not, in any way, prevent the safe and ur~interrupled operation
of a",d access Io and across lhe Easements and facilities et the Counly. FP&L will locate
fac;',it,es as close as ;,ossible on lhe oulside edge of Ihe Counly easements in relalion to
the edge el pavement County reserves the right to require reJocalion of FPL's facililies
v,,iihin the Counly's easements.
4) Counly shall not be liable in any manner [or damages ~o, or lhe cost of replacement or
maintenance of a;; or any portion of said e!ectrical improvemenls and owner(s) o[ same
hereby assume all risk and ezpense involved in Ihe replacemerd or reconslruction and
maintenance of same.
5) FP&L hereby agrees lo indemnii'y save, defend and hold harmless County (including,
wilhout limitation, County's officers, employees, agents, nominees and residents) from and
against any and all Josses, damages (including wilhou~ limitation, any and ail consequential
damages), costs, charges, e:(penses, claims, demands, causes of action, accounts, sums
el money, reckonings, bounds, bitIs, covenants, controversies, agreements, promises,
variances, Irespasses, executions and liabilities (including reasonable altorneys' fees and
costs al all levels and/or negotlalions) whatsoever, at law or in equity, whether in tod, in
conlract or olherwise which may be asseded or recovered againsl County (including,
withoui limitalion, Counly's officers, employees, agenis, nominees and residenlsl wbelher
asserled by suit, proceedi,qg, delenses, counlerclaims, seloffs or other,vise, resulting from
FP&L, il's successors or assigns (including, wilhout limitation, any and ali of ifs invilees,
ti.:ensees, franchisees, guests, lessees, employees, agents and nominees) use, enjoyment
and occupancy of the Easements pursuanl lo this Agreement. The foregoing
indemnification and hold harmless provision shall noI, however, apply to any damages,
expenses or claims therefore arising from the sole negligence, gross negligence or willful
misconducl el Ihe Counly, ils agenls and employees.
;11 of Ihe lerms and provisions of Ihis Agreement shall be binding upon and shall inure Io lhe
bene,"',t of the heirs, successors and assigns Io Ihe padies hereto.
!t is mutually understood and agreed Ihat Ibis Agreement, as writlen covers all lhe agreements
and stipulations between the parlies and that no represen!alion or slatements, oral or written, have
been made, modifying, adding lo or changing Ihe terms hereof.
IN WITi';ESS WHEREOF, lhe parl~es hereto, il individual, have execuled by Iheir proper
oP,'.cer(s) duty authorized to such end.
ATTEST
DWIGHT E. ~.F~OCK, CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AHD EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT
.... '"'"¢'~ aS t3 fg;m and
H~'Tdi ~.'4sh,,on. Assistant County Altcrney
TIMOTHY L. HANCOCK, AICP
CHAIRMAN
STATE OF FLORIDA )ss
COUNTY OF P^L:~ BEACIt)
The roregcing Consent :o Use Easement Areas was acknowledged before me Ihis-~?l,~ day
of 0(/~/~, , t997, by John Chism, Direclor of Corporale Real Es/ate and Assistant
Secrela"y of Flor!da Power and Light Company, on behalf of the ulility company. He is personally
known to me and did nol take an oath.
Notary Public
Type Name: ~~ ~g'f~'f'S~l.. 9
My Commission j:xpmrelx~,.N,~ ~ ~oo~uc~ /
I CO~,o,~ON ~::x ~ /
'~rE FOLLC~t~G DE~C~ID[D PROP~ZTY IS TO BE AC~JIRED
AS A UTILI'~f E;~-[}~F3;T
FRO3ECT:
PROJEL~ PARCEL NO.:
FOLIO: 00205040001
901A
DESCRIPTION OF PROPOSED COUNTY UTILITY EASEMENT
A PROPOSED COUNTY UTILITY EASEMENT OVER, UNDER AND ACROSS ALL THAT
PART OF 5ECTION 35, TOV~ISHIP 48 SOUTH, RAt.ICE 26 EAST. COLLIER COUNTY.
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHERLY 5.50 FEET OF THE SOUTHERLY 60.00 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35;
CONTA/HIN¢ 0.155 OF AN ACRE OF LAHD IJORE OR LESS:
SUBJECT~tO EA~IIEI','TS AND RESTRICTIONS OF RECORD.
PARCEL 5
SECTION J5, TOWNSHIP 48 SOUTH, RANGE 26 EAST
1230' J
..... SOUTHERLY 60' ~
l ==[---.15' EXISTING C. U.~. ~_SLS' PROPOSED C. U.E.
NI A SUR~,
for: COLLIER COUNI'Y, FLORIDA Iproject: NCRW~
COUNTY U~LITY EASEMENT
title: SKETCH ~ DESCRIPqON OF PROPOSED 5.5' C.U,E. EAS[:MENT
PART OF 5EC~ON 35, TOttWSHIP 48 SOU~. RANCE 26 EAST
NOLT ~LY 27, 1995
~us,~ARBER ~ scale: book: ~"
nasnnn~
· main , I" - 200' page:
~aannn~RbNDACE,~.
u.c...m ,.,~. ,n,. ,.~s ..~,, ,,,,,~ ,.~ .,,.. ,[ ::,o, .,,~.-~,,, no.: 7086 lech: 7086
5,501
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO.
PROJECT P~RCEL NO.
TAX PARCEL NO
LEGAL DESCRIPTION (NOT A SURVEY)
T~f~ ~*EST 80 FEET OF T~FE SOUTIt SIX'FY FEET OF '~f~ SOUTH ONE-HALF OF
SObrf~l\~,~EST ON'E-QUARTeR OF SECTION 36. TO~VNSH~P 48 SOLr]~4. R~NGE 26 EAST,
COLLfER COU%q-Y. FLORi*DA; SAID D£SCRE3ED ~LACT CON'TAfNT~G 0.110 ACRE
(4~00 SQUARE FEE'F). ,MORE Oft LESS.
GEi:~R'~;E ' R. RICHMOND ~
PROFESSIONAL LAND SURVEYOR j2406 ;' 'i~'! i
OFFICE OF CAPITAL PROJECTS 1 .....
COLLIER COUNTY GOVERNMENT COMPLEX
3301 E TAMIAMI TRAIL NAPLES, FLORIDA 3411,2._.,..]'._.._
¸'0
A ~,~ ~'~5~tr ~T P~9~ t~.: 903
~0: 00208360065
DESCRIPUON OF PROPOSED
A PROPOSED t~LL EASEMENT OVER. UNDER AND ACROSS ALL THAT PART OF
SECTION ~6, TO~ISHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, BEING IJORE PARTICULARLY DESCRIBED AS
CO~,OdENCINC AT THE NORTH~ST CORNER OF ~ACT 49, UNIT 6, GOLDEN GATE
ESTATES, PLAT BOOK 4, PAGE 93, THENCE N 00'44'00" g A DISTANCE OF GO, O0 FEET
TO THE POINT OF BEG~NHfNG OF DiE EASE,qENT HEREtN BEING DESCRIBED;
THENCE S 89'16'00" E A DISTANCE OF 25.00 FEET;
THENCE N 00'44'00" E A DISTANCE OE 45.00 FEET;
~ENCE tl 89'16'00" W A D~STANCE OF 50.00 FEET;
THENCE S 00'4~'00" W A D~STANCE OF 45.00 FEET;
THENCE S ~9'~6'00" E A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING OF
THE EASE)JEtlT HEREI,'I DESCRIBED:
CCtIT/dtI~NG 0,052 OF AU /,CPE OF LAND UORE OR LESS;
SUBJECT TO EASE~,tEtlTS AND RESTRICTIOtI5 OF RECORD.
ARIEL R. 4LVAREZ , P.L.S. 5358
SECTION 36
T48S
WELL ~~ R26E
E/,SE,UENT
ti 89'~6'00"W
5000
,>~ I r ,t,~
"l I~ ~
25 O0 ~ N 25 O0
48
/--P.O.C.
/NOR THEIST CORNER
~OF_3t~CT 49
49.
NOT A
~JU~\ VL ,
lot: Jprojec[: N.C.R.W.T.P.
COLLIER COUNTY. FLORIDA ~ t~LL EXPANSION
[itle:
GKETCH & DESCRIP~ON OF WELL
dote:
AUGIJST 22, 1995
scole: lbook: ;'"
1' =' 30' jpoge:
/
project J ocad: 5163'.W7
no.: 7086 Jtech: 705~
: :: 'i ·
'T1W. F(3LL(I.I]I1C D.~eESCRIBED PROI'[3(I'Y I~ 2~0 UE ,',C~IIR~D P~:
A h ~ILITY F2~[>'k2,T P~ P~
~LIO: 00219400103
DESCR~PT/O;~ OF PROPOSfiD K~LL ~ASEt.f~tt[
A PROPOSED ~ELL EASEMENT O~R. UtlDER AND ACROSS ALL THAT PART OF
SECTIOH 31. TOWNSHIP 48 SOUTH. RAfI~E 27 EAST. COLLIER COUNTY.
FLOP~DA. BEIHG L~ORE PARhCULARLY DESCRIBED AS FOLLOWS:
BEG~t#WNG AT TIlE t~ORTHU[ST CORNER OF TRACT ~9. UNiT 7. COLDEt~ CATE
ESTATES. PLAT BOOK ~, PACE 95;
1HEtICE ~ 87'07'40" E A DISTA~fE OF 25.00 FEET.
T~Er~CE rz 02'52'20" w A D~ST~t.~CE OF 45.00 FEET.
THE~,;CE ~ 87'07'40" w A DISTANCE OF 50.00 FEL'T.
THEr]CE S 02'52'20" E A DISTAr~CE OF 45.00 FEET.
T'~Er,'EE :,' 87'07'~0" E A DISL~,WCE OF 25.00 FEET TO l~rE P?'ZT Or
.. ............. u 0052 OF AH ACRE OF LAtID t, fOqE OR LESS: ., ~ ,¢ .... :,,TS AND RESFRtCrZOt¢~ OF RECORD
· . SECT~O,w ~
......... :': ::ELL _~ R2T48STE ~
J ~O NORFHWEST
4g I -~ OF rR~Cr ~9
NOT A SURVEY
for: COLLIER COUt'ITY, FLORIDA [p,o~eci tLC. R.W.T.P.
WELL [XPAt4SION
t,ue: SKETCH ~' DESCRIPTION OF WELL EASEMENT
~i[~iB ~,UCUST 22.
,%~ [J~ *~ stole: book'
m.mnma~RU N D,%GE,,.c.
Prctess,on.I .n~,. ..... pl..n .... & land surveyors prOjeCt .~ ;/~ "' '
FLORIDA POWER & LIGHT COMPANY
SECRETARY'S CERTIFICATE
The undersigned, Secretary of Florida Power & Light Company, a Florida
Corporation (the "Company"), hereby certifies that attached hereto as Annex I is a true and
correct copy of a resolution duly adopted by the board of directors of the Company by Unanimous
Consent of Directors dated September 20, 1993; that said resolution has not been rescinded,
~ended or otherwise modifed in any respect; and that said resolution is in full force and effect
as of the date of this certificate.
WITNESS my hand and the seal of the Company on January 9, 1997.
Dennis P. Coyle ·
Secrelary
(SEAL)
Annex
FLORIDA POWER & LIGHT COMPANY
EXCERPT FROM THE UNANIMOUS CONSENT OF DIRECTORS
IN LIEU OF MEETING - DATED SEPTEMBER 20, 1993
RESOLVED, that John M. Chism is hereby authorized and
specifically empowered by this Board to execute any documents conveying or
accepting any kind of interest in real property on behalf of Florida Power & Light
Company.
EXECUTIVE SUMMARY
APPROVE AMENDMENT #3 TO GEORGE BOTNER, ASLA AGREEMENT FOR THE DAVIS
BOULEVAKD LANDSCAPE BEAUTIFICATION PROJECT (60013).
OBJECTIVE: To obtain the Board of County Commissioners approval of Amendment//3 to the
George Botner, Davis Blvd Landscape Beautification Design contract.
CONSIDERATIONS: On June 4, 1996, Agenda Item 8(B)3, the Board of Count>' Commissioners
approved an agreement between Collier Naplescape '90's, George Bother, ASLA, and Collier
County for Davis Blvd. Landscaping design and Collier County Streetscape Master Plan.
The design work for Davis Blvd. and the Master Plan ,,,.'ere completed and the Consultant
~d Professional ``,,'ere paid. Design and Grant application documents for Davis Blvd. Phase 1, the
~ortion between US 41 and Airport Road, ````'ere submitted to the FL DOT and the grant was
~pproved.
Now we are in the process of applying for the Davis Blvd Phase II grant. The design and
construction documents which ',,,'ere completed last >'ear are obsolete due to FDOT revised criteria.
A ne``',' set of design and construction documents is necessitated because of the revised criteria.
Amendment #3 is requested to allow Mr. Bother to provide ne',``' design and construction documents
and related sen'ices for the Davis Blvd. segment from Airport Rd. to Count>' Barn Rd.
The services described in the attached amendment and GBASLA (George Botner, A SLA)
letter of November 3, 1997 (Attachment A), provide for a lump sum payment of $10,000 plus the
cost of out of pocket reimbursables. Attachment A also provides for additional, as needed, follow
up services on a time and material basis. These services may be required based on grant process
requirements.
This document has been revic,ved and approved for legal sufficiency by the County
Attorney.
FISCAL IMPACT: Funds are budgeted in the amount of $15,000 in:
Fund No. 313
Cost Center No. 163673
Project No. 60013
Gas 'Fax Cl?
Surplus Gas ' ax Road Construction
Streetscape Master Plan
The basic comprehensive design contract is a lump sum cost of $10,000 plus the cost of out
of pocket reimbursables. Additional follow up services shall be on a ti~ne and material basis. The
total cost of services shall not exceed $15,000.
Executive Summary
Contract Amendment
Page 2
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve Amendment #3 to the
Agreement with Collier Naplescape 90's and George Botner, ASLA and authorize the Board
Chairman To execute the Amendment.
Prepared by:. ~-o~Ca.,~
'""~d,t4'ard'~.44" i. ntiT0pe ra ti o n s Director
Approved
Ed Ilschner, Public Works Administrator
Date ]1/(.o /97
aate ///',,'. / 4 '7
G:,EXECUTI. E SUMMARIES~Ex Summ-Botncr-Amcnd to ccnlract.do¢
AMENDMENT NUMBER 3 OF AGREEMENT
DAVIS BOULEVARD LANDSCAPE BEAUTIFICATION
AND STREETSCAPE NLASTER PLAN
PROJECT AGREEMENT
THIS AMENDMENT OF AGREEMENT dated as of the ~ day of November 1997.
by and between Collier Naptescape 90's, Inc. AKA Collier Naplescape 90's hereinafter called the
CONSULTANT and George Bother, ASLA, hereinafter called "PROFESSIONAL", and Collier
Count.',' a political subdivision of the State of Florida. hereinafter called the "OWNER- or
"COb.~TY".
WHEREAS, the Parties hereto are also the parties to that certain Agreement dated the 4m
~ Jy of June 1996; I" Amendment dated the 18m da.,,' of Februao' 1997; and 2"'~ Amendment dated
T qe 21 '~ da.',' of October 1997;
\VHEREAS, the PROFESSIONAL delivered the preliminao' design and construction
documents for the Davis Blvd. landscape improvements, which included spray irrigation;
WHEREAS. the Florida Department of Transportation has since revised the grant's
criteria to not consider grants with spray imgation:
WHEREAS, it is desired of the parties to amend said Agreement to provide a new set of
design and construction documents for the Davis Blvd. landscape improvements between Airport
Road and Count)' Ba.m Road necessitated because of revised FDOT criteria.
NOW THEREFORE, based on the mutual convenants, conditions and obligations
contained in the Agreements, the parties agree as follows:
I. That section of the document entitled SCOPE OF WORK, PA'~%tENT, TERMS, and
AMENDMENTS, comprising a component part of the Agreement, addressing budget revisions be
amended in ,,wiring, as follows:
The PROFESSIONAL shall provide Comprehensive Design services and construction
documents, including planting, irrigation, and traffic control, acceptable for Florida
Department of Transportation's Right-Away Permitting and Grant Application for the 2.3
miles of Davis Boulevard between Airport Road and County Barn Road, as described in
Anackment A. Additionally, the PROFESSIONAL shall provide follow up sen'ices as
needed on a time and material basis as described in Attachment A.
Except as expressly provided herein, the said Agreement dated as of the 4m da)' of June
1996, ms amended, remains in full force and effect according to the terms and
conditions therein, and said terms ,and conditions are applicable hereto except as
expressly provided otherwise herein.
, 3
V, qq'EREFORE, the parties have executed this Amendment to Agreement the day
and )'ear first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN'I"Y, FLORIDA
By:
Timothy L. Hancock, Chairman, AICP
.SEAL)
~qTNESSES:
Type Name too~.t,~'
~[,.~pe NamTe d O1-{'44
Type Name
CONSULTANT:
George BottS, P[es~ent
PROFESSIONAL:
George Borne, ALgA
Approved as to form and legal sufficiency:
\\ITMAINSUSHER S\Davis Beautification II Granf, Amendment to contract.doc
'Attachment A"
November 3, 1997
,&. Joe Delate, ASLA
Project Manager
Office of Capital Projects Managemem
Collier County Government
3301 East Tarn/ami Trail
Naples, FL 34112
Re: Davis Boulevard Median Landscape Phase 12I Construction Documents
Dear Joe:
Pursuant to our conversations with Mr Ed Ilshner, Director, Public Works and Nh'. Ed Firm, Operations
Director, and yourself, GBASLA is pleased to pro,.5de you with the following scope of services and terms
for preparation of construction documents for Phase II Davis Boulevard Median Landscape. These
se~'ices include medians only.
Proiect Location:
Dav/s Boulevard Phase II is situated between Airport Road and County Barn Road on SR 84 -
Davis Boulevard for a length of 23 miles, M.O.L
Scope of Services:
GBASLA shall prepare the following documents which will be processed as part of a Collier
County submittal for a F.D.O.T. Right-of-Way Permit and Gran~ Application to the Flohda
Highway Beautification Council as administered by F.D.O.T., District One, Barrow, Flor/da. All
products shall be acceptable to F.D.O.T. for the above purposes.
GBASLA Products:
PLANS (24" x 36")
Planting Plans (2-road segment, s/sheet)
Planting Details
Irrigation Plans (2-road segments/sheet)
Irrigation Details
Tra_f'fic Control Plaas
FDO/Cover Sheet (including required utility notification)
9 sheets
I sheet
9 sheets
I sheet
2 sheets
1 sheet
23 sheets (24x36)
GEORGE BOTNER ASLA · PLANNING AND
35~4 Exchan~': Ave-Sic A · N.~pl¢~, irk 34104 * 941:649-4476
LANDSCAPE
· Fax:gl 1.%49-7627
ARCHITECTURE
· cmaiI:GBASLA~ ~al.¢om
Mr. Joe Delate
November 3, 1997
Page Two
Technical Information (8'Axl 1 3-ring~i.'
Desig~ Concept Letter (one page)
3 - Landscape Design Sketches (one page)
Bid & Contract Documents (per contracting authority), to the ement required by F.D.O T. and
in conformance with Collier County contract and specifications format.
Landscape Specifications
Irrigation Specifications
Annual Maintenance Schedule (Planting Detail Sheet)
Maintenance Specifications
H.i~way Landscape Maintenance Memorandum of Agreement - prepare for county processing
Cost Estimates:
Preliminary - for budgeting and fund-raising purposes
Final - to F.DO.T. specifications
Reproducible Copies:
GBASLA shall pro,,ide a reproducible original set of products.
preliminary and final.
Two sets will be prov/ded:
Permit Coordination:
F.D.O.T. and Collier County R/W permits, including re~,4ew by transportation, plannLng, OCPM
departments. Reviews with both entities as required until final Grant Application submittal, by
F.D.O.T. to State of Florida Beautification Council.
Services beyond this finaJ submittal date, shoed they be required at County request, will be
provided on an hourly basis in accordance with the enclosed ho~.u'ly rate schedule, or other terms
as may be mutually agreeable.
Coordination:
All GBASLA services related to preparation of the above products shall be coordinated with hQ.
Joe Delate, O.C.P.M. or other county project manager as de/ermined by Public Works Division.
GBASLA shall be responsible for cc~rdinafion of products w/th F.D.O.T., District One, as needed
to meet state submittal requirements for an F.D.O.T. Right-of-Way Permit.
Mr. Delate shall also be responsible for coordination ofser,,ices under this agreement as necessary
with county preparation of Grant Application documents.
GEORGE BOTNER ASLA · PLANNING AND
3584 £xchangc Ave-Sic A · Naples. FL 34104 ', 941;619-4176
Compensation:
Ail products required under this agreement and F.D.O.T. coordination of same shall be provided
for the lump sum service amount of $10,000.00. Out.of-pocket reimbursable costs shall be
compensated at the direct cost of invoice.
LANDSCAPE ARCHI:lECTURE
· Fax:941 6.19.7627 · email:GBASLA~aol.com
Mr. Joe Delate
November 3, 1997
Page Three
Serdces provided on a time and materials basis, as may requested and approved by O.C.P.M. shall be
compensated at the following service fee rates:
GBASLA Hourly Rate Schedule:
Principal ...................... $95.00/hr
Associate ................... $65.00/hr
Technical .................... $40.00/hr
Clerical ....................... $30.00/hr
Authorization:
GBASLA shall proceed with services immediately, through base drawing preparation only at the
verbal request of the Public Works Director, October 28, 1997. The remahnder ofserv/ces shall
be authorized upon GBASLA's receipt ora signed copy of this agreement, and Collier County's
purchase order.
Thank you for your request for this service proposal; we look forward to connnuafion of services necessary
to implement this highly visible landscape.
Best regards,
George Botner ASLA
Partner, GBASLA
GB:igp
Authorized by Collier County
Date
GEORGE BOTNER ASLA i PLANNING AND
3584 £xchsngc Ave-Sic A * N;~plcs. FL 34104 ~' 941'649.4476
LANDSCAPE ARCHITECTURE
EXECUTIVE SUMMARY
APPROVE AMENDMENT #1 TO THE STATE REVOLVING FUND LOAN AND ALL
NECESSARY BUDGET AMENDMENTS.
OBJECTIVE: That the Board of County Commissioners, Ex-officio Governing Board of the
Collier County Water Sewer District, approve an increase to the State Revolving Fund (SRF) Loan
ar~.'., budget amendment to recognize the remaining balance of loan proceeds expected from Florida
D ?artment of Environmental Protection (FDEP)..
CONSIDERATIONS: The StC= Loan was secured to help tinance the improvements at the South
Count>' Regional Wastewater Treatment Facility, CIE #916, Project # 73053. The Loan request
totaled $ 14,658,972.
On May 7, 1996, Agenda Item 12 (C) 1, the Board approved Resolution 96-7, which
designated the Public Works Division Administrator as the authorized representative to execute the
SRF Loan agreement. On February 26, 1997, the SRF Loan document was executed for
512,669.740, at an interest rate of 2.65%. The balance of the Loan was to be increased by
Amendment as SRF program funds became available.
In August 1997, we requested a planned increase in the SRF Loan. The FDEP granted our
request and sent Amendment #1 (Attachment A) to increased our SRF Loan to $ 13,921,830. The
increased amount is at an interest rate of 3.22%.
Loan Amt.
Excluding
Capital Interest
Capitalized Interest
Total Loan Amt.
Original Loan
S12,366,000
$ 303.740
$12,669,740
Amendmentl
Original Loan Amendmentl
$12,366,000 $ 1,347,000
S 206,18Q $ 2.650
$12,572,180 $ 1,349,650
Total Loan Amt.
after Amend #1
$13,713,000
$ 208.830
$13,921,830
This amendment has been reviewed and approved for legal sufficiency by the Count3'
Attorney's office.
FISCAL IMPACT: Remaining Loan proceeds in the amount of $9,241,947 will be deposited in:
Fund No 410
Cost Center 263611
Project No. 73053
Count)' Water and Sewer Debt Service
Combined Sewer Capital Projects
SCRWXX, q-F Contract #2
Then the Loan proceeds (construction portion) in the amount of $8,714,523 will be
transferred to '
Fund No 414
Cost (.'enter 929020
Project No. 73053
Count)' Sewer Capital Projects
lnterfund Transfers
SCRX3,*VTF Contract #2
Lxecutive S ummac:'
SRE Loan Amend
Page 2
The total project costs are not increasing. Budget amendments, however are required to
adjust for the new loan amount, move fund 413 budget expense to fund 414 in the amount of
$85,800, adjust for Fiscal Year CarD'forward variance and to assist the Finance Department in
proF~rly accounting for the Loan and related finance costs. A summary of required budget and
f;- acial related changes has been prepared and is attachcd as Attachment B.
_G',~.OWTH MANAGEMENT: None
RECOMMENDATION: That the Board of County Commissioners, Ex-officio Governing Board of
the Collier County Water Sewer District, approve the State Revolving Fund (SRF) Loan
Amendment, authorize the Public works Administrator to sign thc Amendment and approve all
necessaz3' budget amendments.
Prepared by: ._3(.u ,~._ f"J" ~/32',.~ Date:
S u s an~o__U s h e r.~ubl.~, ~r Accountant '
Edx~rd N~Pubh~.Works Operations Director
~d~Isc~r, ~ublic ~s Administrator ~~
F:LSRF ~ South Water Planl~Ex summ-srfamend-loan increase.doc
"Attachment A"
STATE REVOLVING FUND
AMENI)MENT 1 TO LOAN AGREEMENT CS120597090
COLLIER COUNTY
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (Department) and COLLIER COUNTY, FLORIDA, existing as a local government
".ney (Local Government) under the laws of the State of Florida.
WITNESSETH:
WHEREAS, the Department and the Local Government entered into a State Revolving Fund Loan
Agreement, Number CS120597090, authorizing a Loan amount of $12,366,000, excluding Capitalized
Interest; and
WHEREAS, the Local Government is entitled to additional financing of $1,347,000, excluding
Capitalized Interest; and
WHEREAS, a separate interest rate is to be established for the additional financing mount awarded in
this amendment; and
WHEREAS, a Loan Service Fee shall be paid by the Local Government for the additional financing and
may be included as part of the Loan amount; and
WHEREAS, the Semiannual Loan Payment amount and the Project costs need revision to reflect
adjustment in the Loan mount; and
WHEREAS, the Loan Repayrnent Reserve Account deposit requirement needs to be increased to reflect
the revised Loan amount; and
WHEREAS, a portion of the Loan interest needs to be designated a grant allocation assessment for
making grants to financially disadvantaged small communities.
NOW, THEREFORE, the parties hereto agree as follows:
1. Additional financing in the amount of $1,347,000, excluding Capitalized Interest, is hereby
awarded to the Local Government.
2. An interest rate of 3.22 percent per annum is established for the additional financing amount
awarded in this amendment; hov,'ever, if this amendment is not executed by the Local Government and
returned to the Department before January 1, 1998, this interest rate may be adjusted.
3. One-halfofthe interest that accrues on the Loan principal described in paragraph 5( b )
below shall represent a grant allocation assessment to be used by the Department for making grants to
financially disadvantaged small communities pursuant to Section 403.1835 of the Florida Statutes.
4. An additional Loan Service Fee in the amount of $25,904, fora total of $263,712, is hereby
assessed and included in the principal amount of the Loan. It shall be disbursed directly to the
Department.
5. The estimated principal amount of the Loan is hereby revised to 513,921,830, which consists
of 513,449,288 authorized for disbursement to the Local Govemmenl, a Loan Service Fee of 5263,')12
which is disbursed directly to the Department, and 5208,830 of Capitalized Interest. This total consists
of the following:
(a) $1:2,572,180, including $12,128,192 authorized for disbursement to the Local Government, a
Lo,: Service Fee of $237,808, and 5206,180 of Capitalized Interest, at an interest rate of 2.65 percent
p -'nnum; and
(b) Sl,349,650, including 51,321,096 authorized for disbursement to the Local Government, a
Loan Service Fee of $2.5,904, and $2,650 of Capitailzed interest, at an interest rate of 3.22 percent per
annum (One-half of the interest represents a grant allocation assessment.).
6. The Semiannual Loan Pa)anent amount is hereby revised and shall be in the amount of
$452.,974. Such payments shall be received by the Department on or before January 15, 1999 and
semiannually thereafter on July 15 and January ! $ of each year until all amounts due hereunder have
been fully paid. Until this Agreement is further amended, each Semiannual Loan Pa)'ment will be
proportionally applied toward repayment of the amounts owed (based on disbursements, Capitalized
Interest and accrued interest) on each incremental Loan amount at the date such payment is due.
7. Section 10.02, Project Costs, is hereby deleted in its entirety and replaced with
Attachment A, attached hereto and made a part hereof.
8. The amount to be deposited in the Loan Repayment Resep,'e Account as scheduled in
Subsection 10.03(3) is hereby revised; S263,'/12 shall be deposited ir, the Loan RepaFrnent Reserve
Account no later than July 15, 1998. Loan proceeds are provided for this purpose.
All other terms and provisions of the Loan Agreement shall remain in effect.
REMAFNDER OF PAGE INTENTIONALLY I.EFT BLANK
This Amendment I ;o Loan Agreement CS120597090 shall be executed in three or more counterparts,
any of which shall be regasded as an original and all of which con,irate but one and the same
instrument. This amendment incorporates Attachment A hereto.
IN WITN~.SS WREREOF, the Department has caused this amendment to thc Loan Agreement to be
executed on its behalf by the Secretary of the Department md th(: Local Government has caused this
amendment to be executed on its behalf by its Authorized Representative and by its affixed seal. The
effective date of this amendment shall be as set forth below by the Secret,~ff of the Department.
COLLIER COUNTY
Publi~c Works Adminis~ator
Attest
Co ,
SEAL
ved as to Form and Legality
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONM~ENTAL PROTECTION
Secretary
Date
ATTACHMENT A: PROJECT COSTS
The Local Government and the Department acknov,'ledgc that the actual cost of the Project has
not been determined. Project cost adjustments may be made as a result of mutually agreed upon Project
changes. Additional Loan Repayment Reser~'e Account and Lo,'m Service Fee amounts will be
established for any additional financing. Capitalized Interest ',,,'ill be recalculated based on actual dates
and amounts of Loan disbursements. If the Local Government receives a grant for this project, the SRF
loan amount will be reduced by the amount of the grant. The final cost shall be established after all
Project costs are reviewed by the Department. Changes in Project costs may also occur as a result of the
Local Government's Project audit or a Department audit pursuant to Chapter 62-503.
Funds disbursed in accordance with Section 4.08 of this Agreement shall be disbursed in the
order in which they have been obligated without respect to budgetary line item estimates. All
disbursements shall be made from the original Loan amount until that amount has been disbursed; the
interest rate established for the original Loan amount shall apply to such disbursements for the purpose
of determining the associated Capitalized Interest and repayment amounts. The interest rate established
for any additional increment of Loan funds obligated shall be used to determine the Capitalized Interest
and repayment amounts associated *,,'{th the funds disbursed from that increment. The estimated Project
costs are as follows:
CATEGORY COST(S)
(1) Administrative Allowance
(2) Engineering Allo~vance
(3) Construction and Demolition
(4) Equipment and Materials
(5) L~d
(6) Contingencies
(?) Technical Services During Construction
Contractual $
Force Account
(8) Financing
Short Term
Refinancing
(9) Start-up Services
SUBTOTAL
(10) Loan Repayment Reserve*
SUBTOTAL
(11) Loan Service Fee*
SUBTOTAL
(12) Capitalized Interest TOTAL
74,217
742,170
10,990,000
0
0
549,189
750,000
0
0
0
80,000
13,185,576
263,712
13,449,288
263,712
13,713,000
208,830
13,921,830
*The Loan Service Fee and Loan Repayment Reserve each represent two percent of the Loan amount
excluding the Capitalized Interest, Loan Repa),'ment Reserve, and Loan Service Fee amounts; that is 2.0
percent of $13,185,576 for a total of $263,712. The incremental amount for this amendment is $25,904.
Attachment B
Description of Budget and Financial Related Changes
As shown on page 2.
The following Budget Amendments have been prepared to adjust for the new loan amount,
adjust for the fiscal year rollover and to assist thc Finance Dept. in properly accounting for thc Loan
and related financing costs.:
County Water and Sewer Debt service Fund (410):
· Recognize the balance of the loan for $ 9,241,947, (the balance of the loan $9,241,947
equals total Loan as amended $13,921,830 less Capitalized Interest $208,830 less
amount received last year $4,471,053)
· Transfer out $8,714,5'23 of loan proceeds to the construction fund (414), and
· Recognize the financing expenses ors 527,424.
Sewer Impact Fee Capital Projects Fund (413):
· Move budgeted project expenses out of this fund and into fund 414 in the amount of
$85,800. This project is not appropriate for impact fee funding and these funds should
have been budgeted in fund 414.
Count>' Sewer Capital Projects Fund (414): · Recognize the loan proceeds which were transferred in from the Debt Service fund (410)
in the amount of $8,714,523.
· Reduce Carryfoward by $10.245.943.60, to account for Loan ?roceeds flowing through
fund 410,
· Increase project expenses (which were budgeted in (413)) by $85,800,
· Eliminate the transfer to debt service fund (410) for debt service reserves in the amount
of $263,700. These funds are now going directly to fund 410, and
· Reduce Reserx'es associated with original Loan request by $1,353,520.60
In Fiscal Year 96/97, the loan proceeds ,.,,'ere budgeted in fund 414. Per Finance's request, we will
move the loan proceeds budget from fund 414 to fund 410, via a budget amendment.
oo~
EXECUTIVE SUMMARY
Q.ORMAL APPROVAL OF COLLIER COUNTY PUBLIC LIBRARY'S
ARTICIPATION IN SOUTHWEST FLORIDA LIBRARY NETWORK (SWFLN) AND
PERMISSION TO SIGN THE INSTITUTIONAL MEMBERSHIP AGREEMENT.
OBJECTIVE: Formal approval of Collier County Public Library's participation in the Southwest
Florida Libra.ry Network, permission for the Library to sign the Institutional Membership Agreement
and to issue a purchase order to pay for membership fees.
CONSIDERATIONS: SWFLN is the last of six library cooperatives to organize in the State of Florida.
The State Library has supported development of all cooperatives, including SWFLN, both financially
and professionally. Library cooperatives arc formed in Florida to enhance and promote library services,
to encourage inter-library cooperation, to assist with continuing education and to promote professional
relations and growth among library personnel.
Numerous members of the Library Staff have participated in SWFLN since its inception in 1993, hold-
ing a variety of offices and working on many committees and programs. Staff members ha;'e partici-
pated in over 50 continuing education programs sponsored by SWFLN, receiving direct job-related
training not available otherwise within a reasonable distance. Additionally, the Library received two
computer work stations and a printer in FY97. This represents a donation of nearly $6,800 v,'orth of
equipment. Collier ',,,'ill be one of eighteen institutional members, joining, among others, Florida Gulf
Coast University, Lee Count)' Library System, Charlotte-Glades Library System, Edison Community
ollege and Naples Community Hospital Library.
he Institutional Membership Agreement outlines several conditions and principles to which the Library
already adheres since we are a member of Florida Information Network (FLIN). Our membership in
FLIN enables the Library to provide Inter LibraD' Loan se~'ices to our local patrons, obtaining materials
the Library does not own.
FISCAL IMPACT: To date, the Friends of the Library have paid SWFLN membership dues for the
Library. Funds were approved in the FY98 budget for this expense. Dues are based on the Library's
budget and will be S1,000 in FY98. Fu-<ts are ~,z~ in t.,m C, crm-al Fwd
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: Staff recommends Board approval for the Library to join Southwest Florida
Library Network (SWFLN), approval for the BCC Chair to sign the Institutional Membership
Agreement and authorize issuance of a purchase order to pay membership fees.
Prepared by:
Nlarilyn Mattes, Central Services ~mran,
Reviewed and ~ ~ ~ _ . DATE: ~2g t(~
Approved by: .
John ~Jones, Libr~ Director
~eviewed and~
Approved
Thomas W. Olliff, Pu~ Services ~d~inistralor
~.q(g'TZ~ i
I !.'.','.,V 1 g lgS7
Southwest Florida Library' Network, Inc.
Institutional Membership Agreement
Approved by the Executive Committee May 27, 1997
SWFLN blission Statement
"S~,',,TLN creates and manages cooperative library pro,ams and services for the
benefit of library users, which provide library members with cost-effective services and
the mutual value of providing the widest possible access to all types of library materials,
and other fo,.'-ms of information, access to electronic information and training while
maintaining respect for each library's autonomy."
SV,,'FLN Purposes are:
· To e:'Lhance and promote library and information services in southwest Florid.".
· To e.'~courage inter-librao' cooperation among all libraries in southwest Florida,
including__ n:.:~.~ .-N~¢.._.., facilities, and local experts.
· ,~-.;~.-- with trainin=_ and education needs to keep staff informed and
· To assts: n ........ s
current.
· To cooperate with local, SV,.TLN-area and national organizations interested in the
promotion of libra.'-',' affairs.
· To promote professional relations and growth among library.' and information
persormel.
SWFLN Conditions of ~Xlernbership - Institutional Members
To become an institutional member of SW'FLN the applicant must meet certain
"conditions of membership as outlined in the Bylaws," and must agree to honor network
"principles of participation" to remain a member in good standing.
· Libraries and information centers from southwest Florida are eligible for membership
in SV,'TLN when they satisfy these conditions:
The libra:-?' or info~ation center is an established institution with a collection, budget
and full or part-time paid staff.
EXECUTIVE SUMMARY
APPROV^.L OF THE ATTACHED BUDGET AMENDMENT RECOGNIZING FUNDS RECEIVED
FROM AN INSURANCE CLAIM.
OBJECTIVE: To recognize hands received from an insurance payment for damage caused by light-
ning at Collier North Branch Library.
CONSIDERATIONS: Lightning damaged electronic equipment, including a fax machine, at Collier
North Branch Library, on September 8, 1996. Equipment was replaced with funds from the regular
Library budgets, since we could not wait for insurance reimbursement.
FISCAL IMPACT: Funds reimbursing $2,819.21 the Library budget for this damage have been
received. ~ this t:m~c wmarm~ will irrxmse tt'e 6emml Ft.n:~ ~ by $2,8'1.9 in ~ (CrYl-
156110-3(':,4420) acd m o~---a~incj exp~mc~tu~es (001-156110-764900).
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: Staff recommends Board approval of the attached budget amendment,
which places the funds into an expenditure account.
Srepared by: ~;:~~~ ~ an DATE:
Maril~n Ma4'thes, Central Services Librari
Reviewed and
Approved by i~hn Director
Reviewed a n d______~l~
Approved b~T. ~,.~_:'p(_~ t._J,~_ ~.~1~,,~. DATE:~2
Thomas W. Olliff, Pu~, Services Administrator
DATE:/~/'/'Z ~/'~' 7
NOV 18 1997
EXECUTIVE SUMMARY
APPROVAL OF A FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN COLLIER
c OUNTY AND STATE OF FLORIDA DEPARTMENT OF HEALTH AND BETWEEN COLLIER
OUNTY A.N'D COLLIER HEALTH SERVICES, INC.
!~3~'Tr,._C, JJS~: Approval of a First Amendment to Lease Agreement between Collier County and Collier
Health Services, Inc. and between Collier County and State of Florida Department of Health.
~D~3.ilk.F,I~TION: On November 14, 1995, Collier Health Services, Inc. entered into a Lease Agreement
with Collier County for office space within the Health Department Building in order to operate a health care
facility.
On December 12, 1995, the Board of County Commissioners and State of Florida Department of Health
entered into a Lease Agreement for the utilization of office space within the Health Building in order for the
State to provide health services to the residents of Collier County.
More recently, the State of Florida Department of Health has determined that the Adult Health Unit and
Dental Health Unit within that agency shall nov: be operated by Collier Health SeN'ices, Inc.
The attached First Amendments to Lease Agreement delete the aforementioned units from the Demised
Premises described in the State of Florida Department of Health's Lease Agreement and include them in the
Demised Premises described in the Collier Health Ser,.'ices, Inc. Lease Agreement. This transaction includes
othe transfer of the actual offices as noted on the Exhibits and the inclusion of equipment concerning same.
The Office of the Count>' Attorney, Public Services Administrator and Risk Management Department have
reviewed the attached First Amendments to Lease Agreement.
FISCAL IMPACT: None.
GROW'tH MANAGEMENI: None
ItECOMMENDATION: That the Board of Count2,' Commissioners approve the First Amendments to
Lease Agreement betv,'een Collier County and Collier Health SeN'ices, Inc. and between Collier County and
State of Florida Department of Health and authorize its Chairman to execute same.
PREPARED BY:~ich. ael H. Dowling, Real Prope~pec~x~t, Real Property Management Department
Thoh~a]s-qV.'~'~if~strator, Public Services Division
__DATE: ~.~., 4'?"~ --
/ Nov m? /
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT cnlurcd imo H,s day of , 199'/ a~
Naplcs, Collicr Counb, Florida b) and bchvccn S[nh.' or Fiorida Dcparlmcnl of I Icahh, prcv~ousl)- r¢fcrrcd Io ns Stoic or
Florida Dcp3nmcn~ of Hcnllh and Rch~bd~lnhvc Services, whose mndm~ address is 132~ Wmcw~ Boulevard. ~ulldm~
6, R~m 306. Tatlahasscc, Florida 32~99-0700, hcrem~ftcr rcfcrrcd Io as "LESSEE". and Colhcr Counb, a polmcal
su~Wis~on of thc S~tc of Florida, whose mnilmg address ~s 3301 Easl Tami3m~ Tr~H, Naples, Florida 34112, hcrcma~cr
r~fcrr~ zo ~ "LESSOR".
WITNESSETII
WHEREAS. Ibc LESSEE and LESSOR have pre'.,ousl)' cnlcred inlo n Lense Agrccmcn! dated December 12, 1993.
WHEP~EAS, thc LESSEE and t. ESSOR arc desirous ofamcndmg Ihc L,c.'~sc A'~rccmcm. nnd
NOW THEREFORE. m coos/~craho~ of Ihc covun'~'ll$ and ;l~rc.cmcrtls provided ,,vdhm thc laid L4:3se Agfccrnen! d31cd
December 12. 19t'-~ ; ~ Tcn g:q:'s /'$~nnn'~ "tad ofl~:r valuable considcraHon. Ibc said Lease Agrccmcnl ~ hercb)
amcnd~ as follows'
Thc areas nolcd ns "Adul~ Hcahh" '~rd "E,.."m,I Iqcnhh" on Iht nll~chcd E',:hd>~l "A" shall bc d¢lclcd flora thc
Dcm~scdPtcm~scsdcscr,bedmfl~¢LcascA~rccmcnioalcd Dec em bet 12, 1995.
E',,c=pt as c',:prcssF, prowded herein, Ih~s Lease Agrccmem bch~ccn Stale oF Florida D,,:p3rtmen! of Hcahh and
Colhcr County for uldiz3lion orth¢ pren'uscs described m said Lense A~rc¢fl3¢n! remmns tn full Force and cFI'ecl ac¢ordm~
Io II;c lcrms and condmr~m' cc:'4.::nc.~ dlcrc,n, and sn~d terms a condmons nrc npF, hcnblc
mhcnv~$c hcrc,n
I'~ \VITNESS WHEREOF, Iht LESSEE and LESSOR h~¢ I~¢lc~o c,,cc,,tcd lh,s F,u,t .~mcndn,e'~l I~ Lr. ase
A~rcemcnl Iht da} :nd }car fir$~ ',bo',.'c ,,snucn
AS TO THE LESSEE
DA TED 3 - 7- 77
(pr.hi,amc)
(pnnl r~m¢)
STATE OF FLORIDA DEPARI'MENT OF HEALTH
BY ~ . -~___..---~ __
....~S T }IO\~,'ELL, M D. M P 14 , S¢CrCl~r) of Hcahl~ ·
AS TO THE LESSOR
DATED
AT'rEST
DWIGHTE BROCK. Clerk
BY
, C~pul) Clerk
DO-~RD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA
T[,~IOT~Y l.. HANCOCK,
Approved as IO form ~nd
Icl~al sur~cicncy:
A$$Jlllnl County Altornc)
NOV 1 8 I997
NAPLES,
Agend&
NOV 1 8 1997
FIRST / ~,~. ,ID.',IE.,~T TO LEASE AGREEMENT
TH1S FIRST AMENDMENT TO LEASE AGREEMENT catered ,ned th,s.., d:~.~ of 1997 ;:t
Naplcs. Colhcr Coum}. FIond'~ b~ and bctv. cen ('Giber H,:allh Services. Inc ~hosc n'v'uhn~ :~ddres~ ~'. J',~ M',.d~son
A',cnu¢. Ima'noknlc¢. Fie.',._.: 339.~4'. hereinafter ref~.rrcd to .',s "LESSEE". nnd Colhcr Count}. apc, hHc'~: sul:d.~s~,"n of thc
Sra:¢ of Florida. ~hos: ma, drag addr.':ss ,s 3301 Eas[ Tarn,am~ Tra,I. N'aplcs. Florida .~4112. here,namer rcfc'r~r.d to as
"LESSOR"
WITNESSETH
WI'[E. KEAS. thc LESSEE and LESSOR havc previously cmercd in~o a 1.4asc AIv~mcnt da~cd November
WldEKEAS. thc LESSEE and LESSOR arc desirous of a,'ncnd,ng thc Lease Agreement. and
NOW THEREFORE. m conslderal~on of thc covenants and agr.-'cmcnls provrded ,.,.ahm thc sa~d Lease Agrtcmcn! dated
No,.cmbcr 14. 1995 and Ten Dollars (.'$1000) and odlcr ,,Muablc cons~dcrm~on. Iht sa~d Loam. sc Agreement ,s hcrcb.',
a. mcndcd as follo~ss
Thc ,,r~ not~ ~s "Dental Health" and "Ad,.Jl~ Hcakh Care" on Exhibit "A" shall bc inch, deal in thc Dcm~s~
Premises a.s described ~n thc tease Agreement dated No','cmbcr 14. 1995 Th~s area shall bc uuhzcd for Ad.~lt Care an,.t
Dental Care, hcremafl.'r referr~ ~o as "Demised Premises"
2 Thc an:,ched hst appearing on Exh~ba "B" no,cd as "Denial Off;cc Equ~pmcm" sba, bc added to thc hs~ of'
equipment hsted in lhe Leas:' ~gr¢crncm da~cd No~cmber 14. 199~. h,:r~:,naftc~ roi'erred to as "Equ,pmenC
Exc,:.pt ~.~, .:'q ~,:'ssl.~ ;,,, dc" ! ....... h,s Lc=sc Agreement beer, eon Colhcr Hcahh Scr,,~ccs. Inc and Coil,er
Count.,,' for utd~zahon 0£ thc prc-aiscs d".sc,,."~ m ;a~-" Lease A§r¢cmcnt rcmnms m £ul[ force and cfi.cci ,according to
terms and condmons contained thcr.'m, and sa~d t :mis a condmons are apphenblc hereto c',cept as c,.prcssl.,, pro','Klcd
oth¢ r,v]s¢ hctem
IN ".VI'I-NESS \VHEREOF. the LESSEE nn.~ LESSOR ha'.c hcrulo cxccut.~d d~ F,rs: &m:ndmtlq to Lcasc
Agrccmcnl th.' da) and }'?, qrs~ abo~c ~nncn
AS TO THE LESSEE
DATED
~rml name) .
W~s (si8 umrc)
CO IER HEALTH SERVICES. [NC
RICHARDB AKt%.Cl.c£Excc.h~cOfl',:,:r
AS TOTHE LESSEE
DATED
ATTEST
DWIGHTE BROCK. Clerk
BY
. D~put? Clerk
BOARD OF COU×I-Y COMMISSIONERS.
COLLIER COL.~TY. FLORIDA
TIMOTHY L. HANCOCK, Chazrman
Approved ,s to form and
Ieg~l sufficicnc),
HeidiF Ashton
Assis~am Counb' Ar. om¢~
~PL£S, FLORID~
'
f
EXHIBIT "B"
DENTAL OFFICE EQUIPMENT
ROOM i ITEM ~ NU.MBER
Waitin9 Room [ Television I 1819
t Wheel Cart 1786
Patient chairs- '7 None
I Children's table & cha.]rs ! None
Reception Open adjustable file 2261
cabinet
3 section corner desk with None
file
Typewriter I 00~,1
Swivel desk chair t None
I Straight chair None
I Wall file None
Office #1 'i 5 drawer desk with file t None
- : 3 dr~.we,' desk '.,.,i;.i: :ile i None
Small tabl'~' . . , I None
Equipment tray on wh_2~ls , 2069
, Wall open file. None
5 sectinn locking file 2260
cabinet
Swivel desk chairs 12) i None
i Strai§ht chair tl) ', None
,
'-- I "Small G.E. refrigeratorIi None
Office #2 Large Wood top 5, drawer t 2256
l desk , --
~ Large 'wood top4drawer ' 2269
desk with file
6 section locking file 2257
cabinet
I Swivel desk chair with None
~ arms
i Open adJustable file 2258
cabinet
! Straicjht Chairs (~) _ None
d~mteqp,doc
updated 2./4/97
DENTAL WORK AREA
ROOM ITEM NUMBER ..
Hygienist Room "- Small table with wheels 0975 ..
Small cart on wheels None
6 drawer cart on wheels 1623
Large floor fan None .._ ...,
t Curing light None
! Dental stools 1361
Dental stools 1
Dental stools 0408
Cavitron 0971
. Cavitron 0400
, X-ray machine 932
"l Delivery system ~0412 .....
~ Patient dental chair +
I Child's lead apron None
/ Technician lead apron I N°ne
.... Amal2amator 0405
' Stain ',ess sta.-nl trash can None
with fool. pedal ._ ..
Restoration room t X-ray viewer '0965
! Baffalo sterilizer 0969
i D~-~;I stools 0964
i Dental stools 1 None ....
i 7 drawer cart on wheel~ None __
i Large cart, woo, d top, on 1617
wheels
~Small floor fan None _
Henry Schein None
Am..algamator ....
'Der~tal Delivery Systeni 1613 ._ _
Stainless steel trash can None
with foot pedal
Surgical Ext Room Amalgamator None
X-ray machine 1618
Dental Del~ve,_~;. ~s~m 0972
Dental stool None ....
' , 4616
~ 7 drawer cart on w,:ee,s .....
" t VVelch AIIZn Ch_,a_~er t 0970 .....
I St~?ess steel trash can [-~Jone
· I with foot pedal ~,
dent¢~).do¢ 2 [ Ne
updated 2./4/97
Clean-up sterilization
~rea
Ultrasonic clea&8~'
Ultrasonic cleaner
Autoclave
X-ray developer
None
None
2878
0386
Blood pressure cuffs (2)
Peri-Pro Developer x-ray
Pelton-crane sterilizer,
L+R
Ultrasonic cleaner,
i Quantrex 140
None
0386 red
2878
No tag
/
dent eqp. doc
updated 2/4/97
AMEND CHAPTER 89-449 TO AUTHORIZE ACTIVITIES SUCH AS BONFIRES.
Objective: To approve a proposed Bill to amend Chapter 89-449, Laws of Florida, a Special Act that relates to
activities at all Collier County Parks and specified areas adjacent thereto.
Consideration: Chapter 89-449, as now amended, absolutely prohibits many activities that the County Parks
and Recreation Department would like to authorize for special occasions. Often times, staff receives requests
which directly violate the current law, but, in reality, are deemed reasonable in nature. Most recently, the Board
discussed a request from the Sheriff's Department to feature a bonfire during their fundraising community event
at Veteran's Community. Park even though the law prohibits any fire "except in specified areas in county parks
on cooking grills provided therein." The current Law constricts the authoritative powers of both staff and the
Board to allow exceptions.
The proposed amendments will authorize the Director of Parks and Recreation. on a case by case basis, to
authorize activities that are nov,' absolutely prohibited. These activities at County parks would include but not
be limited to:
1) Requests for dog or cat shows or other animal exhibits;
2) Requests for bonfires;
3) Requests to post signs on Park property for a special event;
4) Requests to sell and possess alcohol during countywide special events;
Ourrentlv. all special requests as sited above are brought before the Board for authorization. With the adoption
of the proposed revisions, the Director will be given authority to authorize these requests. Additionally, staff
recommends that other provisions including language clarifications be amended when reviewing the Special
L aw.
The Board previously approved the conceptual idea of the bill on October 7, 1997 while authorizing the County
Attorney to draft said bill. The Count.,,' Anorney has prepared the bill in the format required by the local
Legislative Delegation. All bill amendments must be presented to the local Legislation by December 8. 1998
for review.
Fiscal impact: None.
Growth Management: None.
Recommendation: That the Board approve the proposed Bill to be presented to the local Legislative
Delegation for submission to the Florida Legislature to amend Chapter 89-449, Laws of Florida, a Special Act
related to Collier CounW Parks and specified areas immediately adjacent to such County Parks. The proposed
amendments are depicted in the pro,0osed Draft by strike-tt'~roughs and underlines.
Prepared by: . ._~. _~,,~~ Date:_._l \
(
Jolin Dunnuck, Operations Coordinator
Department of Parks and Recreation
Approved by: '
Mafia Ramse), Director ( ]
Department of Parks and RecSe. gtion
Date:
Reviewed a~n,d I ~ ~'
Th°m'-~-~¢. blliff, Admi~-i~tor
Division of Public Ser~ iceg'
Date:
2
3
5
6
9
10
12
13
15
22
23
24
25
26
29
3O
32
34
A bill to be entitled
An act applying to Collier County, Florida:
amehdlng Sections 3, Chapter ~9-449, Laws of
Florida, tc remove the absolute prohibition
against prohibited activities and authorize
the D~rector of Parks and Recreation, to the
extent permitted by law, authorize such
activities on a case-by-case basis; providing
effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Legislative intent. - It is the intent of
the Legislature to authorize the Board cf County Cor~.issicners cf
Collier County to designate employees of the Collier County
Department of Parks and Recreation as county park enforcement
officers. It is declared as a matter of legislative intent that
county park enforcement officers be empowered to issue citations
to enforce any county ordinance duly enacted by the board of
county cor~issioners to regulate acts within the county parks,
public beaches, beach access areas adjacent to county parks,
County operated parking facilities, and public areas directly
adjacent to county parks; to protect sea turtles an~ prchlb~t the
operation of motor vehicles in, on, or across the beaches cf
Collier County in order to promote, prcte:t, and enhance the
health, safety, and welfare cf the c:tlzens of Ccliler County.
Section 2. Jurisdiction. - Any person designated by the board
of county commissioners as a county park enforcemen~ officer (park
ranger) is hereby authorized to issue citations within the
boundaries of any Collier County park, public beaches, beach
access area adjacent to county parks, County operated parking
facilities, and public areas directly adjacent to county Farks for
violations of any Collier County ordinances, duly enacte~ by
~Dard cf county ccm~.iss~oners to regulate acts wlth~n these areas
includ:r:g, but nDt limited to, Chose ordinances which regulate :he
Words under!~ned are adced; words ~--??~e%-~t.~-are delete~.
!
2
3
4
5
9
lo
11
12
13
16
!9
2~,
2!
22
23
29
3O
32
33
34
35
use of the pa~ks and prohibit certain acts therein, provide for
the nesting and protection of sea turtles and prohibit the
operation of ~otor vehicles in, on, or across the beaches of
Collier County within county parks, when such violation is
witnessed by said officer.
Section 3. Powers and duties. -
(1] The Board of County Co~r~isslcners of Collier County is
hereby authorized to designate employees of the Collier County
Oepartment of Parks and Recreation as county park enforcement
officers (park rangers). It shall be the responsibility of said
board to determine by resolution the training and qualifications
of any employe~ so designated. Such designation and training
requirements shall be by resolution adopted at any regular cr
special meeting of the board.
(2~ 't shall be the duty cf any person designated as a county
park enforcer~ent officer (park ranter) tc issue c!taticns for an':'
offenses which occur within a c3unty park koundary, public
beaches, county cperateJ parkin~ facilltles, and public ar~a~
ir~ediately ad3acent tc county parks, ant which are either
prohibited by ordinance enacted by the Board of County
Cor~.issicners of Collier County cr are specifically -'-~ted '
this sec%ion. Excep~ to the extent expressly and ia~fuil_2f
authorized bv the Director of Parks and Pecreation on a case-by-
case basis as ts t~m_,- ~iace and manner, ~-~ it shall be such an
offense to:
(a) ~iilfu'iy ~Jark, deface, d~sflgure, injure, tamper
witk, cr displace or remove an}' b,.1 .... ~, bridge, table, benck,
fireplace, railing, paving or paving material, water line or other
public utility or parts appurtenant thereof, signs, notices cr
placard whether temporary or permanent, monuments, stakes, posts,
or other boundary markers or other structures or equipment,
facilities or park property or any appurtenances whatsoever,
eltker rea! cr personal.
(b) Cut, break, muti!ate, injure, disturb, sever from
the ground or remove any growing thing, including, but not limited
Words underlined are added; words ~truck t?~$.~--are deleted.
flower, flower bed, shrub, tree, growth or any
1 %o, any plantq
2 branch, item, fruit cr leaf thereof; or bring in%0 or have in his
3 possession in,any county park any tool or instrument which could
4 be used for the cutting thereof, or any garden cr agricultural
5 implements or tools which could be used for the removal thereof;
6 or pile or maintain any material or debris of any kind against or
upon the same or attach any rope, cable or other contrivance
thereto; or set fire to any trees, shrubs, plants, flowers, grass,
9 plant growth or timber, or suffer any fire upon land to extend
into park lands; or gc upon any prohibited lawn, grass plo% cr
planted area~ T C;~CCpt at Duch t-i-m.c~ ~n~ in ~uch m~nna~
13 (c) Throw, discharge, or otherwise place or cause to be
14 placed in the waters of any fountain, pond, lake, strear., bay, or
15 other body of water in or adjacent to any county park or any
16 tributary, stream, stcrm sewer, er drain flowing into such wa%ers,
i~ any substance, matter or thing, liquid or solid, which will or may
18 result in the pc!lution of said waters.
19 (d) Carry, possess, or drink any alcoholic liquor in any
20 park.
21 (e] Enter or exit an}' park facility except at
22 established entrance ways or exits, or at established times.
23 (f) Attach any poztcr~ sign. or directional si-~-~.,~ tc
24 ~--rcco any other unauthorized object or substance, inc!u~ino
25 paint, to any county property.
26 (g) Cause or permi~ a dog or other domestic anir. a'
27 enter any park facility.
25 (h) Build fires except in specified areas in count>'
29 parks on cooking grills provided therein.
30 (i) Drive any unauthorized vehicle on any area wit.h~n
31 the park except the paved park roads or parking areas; cr park
32 auth~ri:c~ a_~ vehicle in other than an established or designated
33 parking area; or park any unauthorized vehicle in the county park
34 area overnight.
35 '~' Ride a bicycle on other than a paved vehicular road
Words unJerlined are added; ~crds ~%-~u-_g~--%4%~a~are delete~.
i or path desigqated for that purpose; leave a bicycle in a place
2 other than bicycle rack when such is provided, or leave a bicycle
3 lying on the ground or paving or any place or position so as to
4 p2esent any obstruction to pedestrian or vehicular traffic.
5 (k) Violate any rule for the use of the park which has
6 been posted on any park sign in a particular park pursuant to
~ approval by the board of county commissioners including rules and
8 regulations posted on the grounds or buildings in said parks.
9 (!) Possess, carry, or transport on or about their
10 pcr~cn any glass container in any county park bcach
11 (m) Injure, kill! molest, collect, possess, or cause
12 direct or indirect injury to any species of sea turtle, gopher
13 tortoises, live sand dollars, shorebirds, birds of prey, live
1~ shells, and live sea stars or to interfere, destroy, cr tamper in
15 any wa}' with the nesting of the sea turtle, birds cf prey, gopher
16 tortoises cr shcrebirds.
17 (n) Operate or cause to be operated a hand, ar. lr. al,
18 motor, cr engine driven wheel, track cr other vehicle or
19 on, over or across any part of the sand dune, hill or ri~qe
G~ of
20 nearest the '' Mexico, or the vegetation growing thereon cr
21 seaward thereof, or to operate or drive such a vehicle cn the area
22 seaward thereof, com,~only referred to as the beach.
23 Section 4. Enforcement. - A citation issued by a county
24 park enforcememt officer (park ranger) under the provisions cf
25 this act shall be in a form prescribed by the boar~ of county
26 ccr~issioners. Such citations shall state the date an~ time of
21 issuance, name and address of the person in violation, the date of
28 the violation, description of the violation, the Collier
29 County Ordinance and section violated, name of the citin~ county
30 park enforcement officer (park ranger), and a date and time at
31 which the violator shall appear in county court. The vio!atcr may
32 elect a non~manOatory court appearance and pay the fine as
33 prescribed by county ordinance.
3~ Section 5. This act shall take effect upon becomln~ a law.
35
Words underlined are added; words ~-~ck t)w~W-are deleted.
EXECUTIVE SUMMARY
AWARD BID #97-2729 FOR THE PROVISION OF MEDICATIONS FOR THE
DEPARTMENT OF EMERGENCY MEDICAL SERVICES.
OBJECTIVE: That the Board of County Commissioners award the lowest
responsive bid on medications to be purchased by the Department of Emergency
Medical Services for Fiscal Year 97198.
CONSIDERATION: On September 11, 1997 the Purchasing Department issued
notices to 32 firms inviting bids for the purchase of medications for Fiscal Year
97/98. A total of four bidders responded. However, only one bidder submitted
prices for all of the medications listed. The lowest responsive bidder who could
comply fully with the bid is Sunbelt Medical Supply.
The Department of Emergency Medical Services recommends acceptance of the
lowest responsive bidder, Sunbelt Medical Supply Bid #97-2729.
fcE"
FISCAL IMPACT: The cost for the approximate quantity of medications pu~ahased ~ th&s vaz
Fiscal Year 97/98 will be $20,000.00 which has been budgeted in Fund 490-
1 ,-;4610-652710
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners award Bid #97-
2729 to Sunbelt Medical Supply for the acquisition of drugs and medications used
by the Department of Emergency Medical Services for Fiscal Year 97/98.
T rese Orte~re~, EMS Ba alion Commander--~
REVIEWED BY:. \" '. '.,' t ,i T~ DATE: ~'/~/fl ~
Diane B. Flagg, C}Uef ~ / /
Depadment of Emergency Services
REVIEWED BY:
Steve Carnefl General Services/Purchasing Director
L'ee ~chs, ~Jr'i, / DATE:.
Support Service~rninistrator
1997
C>
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NOV 1 8 1997
! ~°.-~ I
I NOV ~ L~s7 ! ~
EXECUTIVE SUMMARY
APPROVAL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FOR THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES
DEPARTMENT.
OBJECTIVE: To attain the Board of County Commissioners approval of the
Certificate of Public Convenience and Necessity for the Collier County Emergency
Medical Services Department and authorize the Chairman to execute the same.
CONSIDERATION: Pursuant to Collier County Ordinance No. 81-75, the
attached cedificate and accompanying documentation are for your review. This
process is routine in nature and submitted annually.
FISCAL IMPACT: Pursuant to Collier County Ordinance No. 81-75. an annual
renewal fee of $250,00 is to be paid. Funds are available in EMS Fund 490
144610 for this purpose.
GROWTH MANAGEMENT IMPACT: None
APPROVED BY:
RECOMMENDATION: That the Board of County Commissioners approve the
Certificate of Public Convenience and Necessity for the Collier County Emergency
Medical Services Dep.,aAment and a~thorize the Chairman to execute the same.
-:.:.
PREPARED BY: ' ' 'J
Date: ' '".~
Diane B. Flagg, C
Emergency Services Department
'~'~'~';~ ~~ "~ Date: '//Y'/~'~,"
Ochs, Jr,, Ad.,~inis{rator
Leo
Support Service..,s/Division
MEMORANDUM
TO:
Robert Fernandez, Administrator
FROM:
Diane B. Flagg, Chief
Emergency Services Department
DATE:
September 24, 1997
REF:
Certificate of Convenience and Necessity for Collier County
Emergency Medical Services Depadment
Per Collier County Ordinance Number 81-75. please accept the following information
for renewal of this required certificate:
Collier County Emergency Medical Services Department is operated by the
County's Board of County Commissioners located at:
3301 EastTamiamiTrall ~uildingF
Naples, Florida 34112
Collier County Emergency Medical Serwces Department provides service
to the 2.032 square miles encompassing Collier County
Collier County Emergency Medical Services Department has twenty-three (23)
licensed pahent transport vehicles available. Twenty-two (22) of these are
ground transport vehicles One (1) isamedevachelicopter. Fifteen (15) of the
ground transport vehicles and the helicopter are staffed 24 hours a day, seven
daysaweek One (1) ground transport vehicle operates 12 hoursaday, seven
days a week The remaining ground transport vehicles are in reserve.
(Attachment A)
Collier County Emergency Medical Services Department has one main office
and fifteen (15) substations located throughout Collier County at the following
locations:
Headquarters
Station #1
Station #2
Station #3
Station #4
Station #.5
Station #6 & #7
Station #8
Station #9
Station #10
Station #11
Station #12
Station fl14
Station #15
Stabon #16
3301 E. Tamiami Trail
835 8"' Avenue South
2375 Tower Drive
776 Vanderbilt Beach Rd.
1280 San Marco Rd.
4741 Golden Gate Pkwy
112 South 1 '~ Street
2065 Pine Ridge Rd.
11121 E. Tamiami Trail
7010 Immokalee Rd.
201 Buckner Avenue
14756 Immokalee Rd.
7227 Isle of Capri Rd.
977 26t'' Avenue North
16325 Vanderbilt Drive
Naples, Florida
Naples, Florida
,Naples. Florida
Naples. Florida
Marco Island, Florida
Naples, Florida
Immokalee, Florida
Naples, Florida
Naples. Florida
Naples, Florida
Everglades City, FI.
Naples, Florida
Naples, Florida J'"""~,~,,
Nap!es, Florida,I ~'--:. "~'~
Bonita Springs, ~lr~
10.
Collier County Emergency Medical Services Department has been licensed
and certified to provide Advanced Life Support ambulance service in
Collier County since April 6, 1981.
Three (3) Collier County residents to act as references:
Robert D. Laird
Rhona Saunders
Fay R. Biles
1756 Courtyard Way. 205-C
3770 Parkview Way
1588 Heights Court
Naples, FI. 34112
Naples, FI 34103
Marco Island, FI.
Collier County Emergency Medical Services Department schedule of
service fees. (Attachment B)
Other information required by the Administrator. (Attachment C)
Renewal fee of S250.00 By journal entry of an interfund transfer from
Fund 490-144610-6,49010 to Fund 490-14z.610-36900
Collier County Emergency Medical Services Department financial
statement Available ~n Collier County's Finance Department.
DBF!bb
A~tacnments 0
Attachment "A"
COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT
PATIENT TRANSPORT VEHICLES
UNIT# SERIAL NUMBER
YEAR / MAKE / MODEL
COLOR SCHEME
1 1FDKE30MXPHB46134 1993 FORDE-350 WHITE/ORANGE STRIPE
2 1FDKE30MOPHB88010 1993 FORDE-350 WHITE/ORANGE STRIPE
3 1FDKE30MORHB71470 1994 FORDE-350 WHITE/ORANGE STRIPE
4. 1FV3GFBC6SL611711 1995 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
5. 1FV3GFBC8TL784972 1996 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
6. 1FV3GFBCXWH899824 1997 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
7. 1FDKE30M9PHB92251 1993 FORDE-350 WHITE/ORANGE STRIPE
8 1FV3GFBCXTL784973 1996 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
9, 1FV3GFBC1TL784974 1996 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
10. 1FV3GFBC3TL784975 1996 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
11. 1FV3GFBClWH899825 1997 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
12. 1FDKE30M9PHB88653 1993 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
14. 1FV3GFBCSSL611716 1995 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
15 1FV3GFBCOSL611705 1995 FREIGHTLINERoFL60 WHITE/ORANGE STRIPE
16. 1FV3GFBC3WH899826 1997 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
17 1FV3GFBC3SL611701 1995 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
18 1FV3GFBC4SL611710 1995 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
19 1FV3GFBC9TL599989 1996 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
20 1FV3GFBCSTL599990 1996 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
21. 1FV3GFBCSWH899827 1997 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
22, 1FV3GFBC5WH899828 1997 FREIGHTLINER-FL60 WHITE/ORANGE STRIPE
23. TaiI#N911ES 1992 Eurocopter AS 350 B2 WHITE/RED&BLUESTRIPE
NOV m7
ABTACHMENT "B"
RESOLUTION APprOVInG U~R TE~ FOR COLLIER COU]<TY
~0. 9& - 36 ~ ADOPTI}I~ ~ILLI~ ARD COLLECTZON
PROCEDURE; ~ROV2DINO ADJ~&TMZNT~ ~D WAIVERS: ~D
(~ereinafter sometimes referred to a~ "~$") provLde~ ambulance
services to the regiments smd visitor& of ColTM County; and
WHEREAS, %ts Collier Coun:y fM5 operating budget i~ funded
exclullvely through a~ valorem, taxe~ and ~ser fees; and
~H£REAS. Collier county e%aff ar. alysis of the comt for
ambulance merviceo requirem an edjumtm&n% %o the u~er fees to
properly ide:~t~fy current c~sts of ~ervicee :¢ :h~ re~ident~ and
vlsi~or; O: C~Llier Count}'; and
WHEREAS, Collier County Crdinance 96 - 35 provlde~ ~ha: %he
user fee~ foc amkulance eervlce= m~y bt established by Resolution
cf %he Boa:rd of County C~.is$ionerm (hereinafter soze:ime~
referred ~o a~ "%~ Board").
NOW. TH£REFORE, BE IT R~$OL~!Q ~¥ THE BOA/(D OF COUNTY
COM~i~$1ONERS OF COLLIk-'R CCUNTY, ~RIDA that:
- TWO (2) MEDICS/ONE VEHICLE (PER HOUR] $ 75
- ONE (~) ~DIC/NO VEM2CLE (P~ ~0~) $ 40
c. COPIE~ OF O~$/PER PAGE $ 2
~XCLUDING GOVZ~NM~TAL AGenCieS)
O. INT~EST ON PAST DUE ACCCUNTS 1%
SECTI0S TIO~ BI~LIN~ ~D ~LLZCTIG~ F~DURE
The following ihall bm thl minim~ guidmlioms for billing and
col~c~lon pzoc~dur~s for am~Imncm ~ervicl fle~ ~nd chargl~:
A. Initial fees and charges ~o~ ambulance ~vice(m)
~m assessed either prior to cr foliowing the service provision,
Oct 25
~eceivable aubsidie~-¥ ledge~ ayQten to be ~intained by the ~evenoe
B. An initial ~ill for anbulanca services shall be processed
in tJge following manner vlthln ~girt¥ {30) days after service
provided.
1. The Coun:¥ will e~nd an initial bill to the
service zecipient's or re~nsibls party's in~u£ance
carrier provided that appropriate insurance information
is made available to the ~venuI ~e~ce~ Department.
Trim Revenue ~ervl:e~ ~eper~n~ will a:cept Medicare
lms~ than 45 days for ~t If Medicare cr anothmr
bill ~ill be ~ent to the service re:ip!ent or responsible
party.
2. Th~ County ~lll al~o s~n~ ~ Dill
~nJ accept ~Ignnen~ ~ mppropriat~ lnsuranc~
inform%ion i~ zade available to the Revenu~ Service~
Department ky the service reorient or re~pon&Ibl~ party.
The Revenue Services Dmpartmant w!ll walt no less than 60
day~ for pa~.ent if Medicaid Is bille~. If the claim
~enim~, a bill will ~ lint to ~h~ service recipient or
responsible party.
3. In the event tee servAce recipient or
ralponsl~le party does not have or doem not provide pr~f
of insurance coverage, ~ho bill for ambulance servicers)
responsible ~arty fur ~al~t. The Revenu~ Smrvtces
~epart~t wall weir no less ~an 30 days for pa~ent.
~e foll~l~ will occur if ~mnt has n~t been r~ceiveO
within above ~et
billi~ third par~y or Medicare, 60 ~y= after
billimg Medicaid and 30 da2s after bi]lin,
b. Thirty (30) daysJ after the ~irst peet due
notice i~ ean=, a aecond past due notice will be
sent.
c. After a ten (10) day grace period,
account ~l~l be etn~ %~ tho Coun%}''a contracted
collection agency.
con,ratted collection agency or sst uD for fl payment plan
(exciudl~g hardship& that adhere to C:unty policy).
D. A reasonable and cu~=omary payment plan will
made availablafor ali service recipients or responsible
will ~e S25/month. Stould the =ervice recipient cr
responsible ~art¥ at any time fail to neet the :arms and
se administered in occcrdanc~ with Sec%ion B.3 adore.
E. When ambulance service bill:s], at any stage in
~his billln~ and collection procedure, are re%urnad
~ecause the Postal Service cannot effec~uat~ deliver}',
~he Revenue Servi:es Dep~rtm~n: shall mak~ a reasonable
effort to ascertain the Correct mailing address.
reasonable effort# to a~certain a correct address fall,
the account,s) ~ay be conGidsred for other collection
alternatives.
f. Nothing contained in thi~ Gmc:!on shall
preclud~ reesona~ie telephone or o:~er appropriate
c~ntact for billing and collection purposes, in
accordance with ail applicable laws.
Services Departm~n~ shell r~vlaw %!1 past due accounts
and raper: tc ~9~ board of County CommIssi~ncr~ on an
annual basis, of all past due accounts ~hich are'Meliaved
to De uncollectible. The Doard shall, after reviewing
effort~ &t collection have proven u~uCCe~efu!, remove
th~se past due accounts Krom active accounts receivable
In lc¢ordance with ~enera]ly accepted accounting
procedurt~ and pursuant t~ law by Resolution.
The following shall be
Board of County Comml~eloner~ in accordance with czitsrla
eitabl~ehed by the enablln~ Ordinance.
A. ~dl:~r~ end Mcd/catd
C~ntractual adju~%~ent~ under Medicare and Ma~Icai~ a~ignment viii
ba made in accordance with appiicabie rules and regulations.
B. ~ictin's ComDensition Ccntr~¢~'Jal
rules and r~gulotion~.
Pur~uan~ ~o Crdlnance No. 96- 36 , and fron ~he effective
~ate of this ~esoluticn, user fee; ~or ~S a~kulance ;tend-by
~arvice~ fcr ~he fol/culn~ ccr~unity spe:ial .vents shall be waived
aa the Board flaps that a valid ~lic purpose i~ hereby
e~tablisned in recognition of their charl~ble con:ribuCicn~ to the
co~unl~y: (1) Collier County ~air;
community I~ecial events may ~ waiv~ in accordance vilh criteria
The ~ard recognize~ that certain ee~ice recipient~ may need
~hl~ Rm~olu=ion.
State's Financial hardship guidillnel, a~ u=ed by ~RS-Colllmr
county.
~. ~a~ent plan~ for hard,alp ca&es v!l! be Jet ~p on a
m~nthly basil, with a ~inimum paymen~ of $I0.00 p=r month.
~ard~hi~ =as=s, placed on a ~yment plan will not acc~e inter,st
~chedu!cd payments for a period longer th~n two (2~ mcntb~, the
account will be t~rned over to thi Count7'l concrocted collection
~gency and interes~ viii begin to ~ccrue.
T~le Resolution eh&ll e~perge~e
B~C?XO~ ~¥~N: ~OPTION AND ETT~CT~Y'~
PASSED ~D DULY ADOPTED by the Board of Coun=y Co~issloner~
ATTEST:
EWiG~T £. '~aOC~, cl~rk
A[~rovcd .s to :er--,
COLLIER COUh'rY, FLORIDA
AG~i~tant County A%'.ornm¥
*' Attachment "C"
MEMORANDUM
TO:
FROM:
DATE:
RE:
Robert Fernandez, County Administrator
Leo Ochs, Support Services Administrator
October 23, 1997
Certificate of Convenience and Necessity for Collier County
Emergency Medical Services Department
After review of the application to renew this certificate for Collier County Emergency
Medical Services Department, no further information is required at this time.
Name of Service
COLLIER COUNTY, FLORIDA
Emergency Medical Services Permit #_ 1
This Permit Expires December 31, 1997>
Collier County Emergency Medical Services
Name of Owner or Manager
Principal Address of Service
Collier County Board of County Commissioners
3301E. Tamiami Trail
Naples, Florida, 33962
Business Telephone
(941) 774-8459
Emergency Telephone 9-1-1
Description of Services Area The 2,032 s_~;~re miles enccm~ssin? Collier County
Number of Ambulances on 24 hour duty_ Fifteen (15) ground units, One (1) helicopter
Number of Ambulances on standby duty_Seven (7)
(Attached description of each ambulance to be used in above service, including make,
model, year of manufacture, motor and chassis number, and any color scheme, insignia,
name, monogram, or other distinguishing characteristics used to designate ambulances
in this service. A color photograph may substitute for the description of distinguishing
characteristics.)
This permit, as provided in Ordinance 81-75 shall allow the above named Ambulance
Service to operate Emergency Medical Services for a fee or charge for the following
area(s):
Collier County
Services. until the expiration date hereon, except that this permit may be revoked by the
Board of County Commissioners of Collier County at any time the service named herein
shall fail to comply with any local, state or federal laws or regulation applicable to the
provision of Emergency Medical Services.
day of ~ ,19.__.._____.
Issued and approved this
ATTEST:
DWIGHT E. BROCK, CLERK
Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Z
0
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5
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i
Iii ~,'
EXECUTIVE SUMMARY
OPPROVALOF LEASE AGREEMENT BETWEEN COLLIER COUNTY AND NORTH NAPLES
A
FIRE CONTROL AND RESCUE DISTRICT.
~: Approval of a Lease Agreement between Collier County (Lessee) and North Naples Fire
Control and Rescue District (Lessor) for the shared use of the Fire Station located at 16325 Vanderbilt Drive,
Bonita Springs, for EMS Department operations.
CONSIDERATION: In order to decrease response time in the North Naples area, the EMS Department has
requested to share a Fire Station located in Bonita Springs which is operated by the North Naples Fire Control
and Rescue District ("District"). The District has consented to Collier County's use of the aforementioned Fire
Station.
The term of the Lease shall be for five (5) years commencing on the date in which this Agreement is approved
by Collier County. The Lease provides for five (5) automatic five (5) year renewal terms following the initial
five (5) year term. There shall be no rent charged for the subject property. Collier County will, however, shall
contribute four hundred dollars (5400.00) per month for utilities and incidental expenses.
This Lease Agreement reflects similar Lease Agreements Collier County has entered into with the North N'aples
Fire Rescue District. This Lease has been reviewed and approved by the Office of the County Attorney, the
Department and the Risk Management Department.
FISCAL IMPACT: The monthly expense of four hundred dollars ($400.00) for utilities and incidental
expenses shall be withdrawn from EMS fund 490-144610.
9ROWTH MANAGEMENT: None.
ILECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with North
Naples Fire Rescue District and authorize its Chairman to execute same.
PREPARED
BY
l}.eal
ProFe~ Sp c~list, Real Property Management Department
"Michael H. Dowling,
Diane Flagg, '~Nef, Em~gencv Services Department
REVIEWED Leo E:'bchs, Jr., Admini.~fitor, ~upport
Services Division
DATE:
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this day of .199'/, between North Naplcs
Fire Control and Rescue District, m Independent Special District of thc County of Collier, Slate of Florida.
created under Chapter 61-2032, Laws of Florida, and its succcs'.ors, whose mailing address is 1441 Pine Ridge
Road, Naples, Florida 34109, hereinager referred to ~s "LESSOR", and Collier Coul~ly. a political suhdi'~'ision
of the State of Florida, whose mailing address is 3301 East Tami~'ni Trail, Naples, Florida 34112. hereinafter
referred a.s "LESSEE".
WITNESSETH
in consideration of the mutual covenants contained herein, and other valuable consideration, the panics
a~'cc L~ follows:
ARTICLE I. D~m~~
LESSOR hereby le,.~c$ to LESSEE and LESSEE hereby leases f'rom LESSOR one
(2) bunk rooms, hereinafter referred to as thc "EMS Dcpa~ment Area". The ~itchcn. or, ce a~ca. dmin~ area.
day room, fitness area and m~lc and i'c;i~,~e rest rooms with shower facilities shall be shared by LESSEE and
LESSOR, hereinafter referred to as ",S::-',ed Area". Both thc EMS Department Area and Shared Area shall
collcc~.ivcly bc referrcd to zs thc "D."mised Premises" located at 1632S Vandcrbilt Drive. Bonita Springs,
Florida 31434, for the sole purpose o['opcr:,ting an emergency medical service facility.
LESSOR has thc right Id change Iht Demised Premises in order to accommodate ihc fm,~tc needs
LESSOR'S operation. However, if the LESSEE'S Demised Premises are chanl~cd, LESSOR alirec'~ to provide
LESSEE ',,,ilh accommud:~tions equal Io or betlel th,n thole modified m otdct I'or LESSEE to continue its'
opcrai~ons at this location.
ARTICLE 2. ~
LESSEE shall have and hold the Demised Premises for a term of five ($) years, commencing on thc date
,,,.'hen this Lease has been approved and executed by LESSEE. Thereafter. the Lea~e shall he deemed e~tcnded
upon thc same terms and conditions contained herein on each fifth annivcrsar7 for a total ol' five iS) additional
five (S) yea; terms.
The LESSEE md LESSOR may terminate this Lease, wi~h or withou! cause, upon ninel)' (90) days prior
whiten notice of such termination ~o ~he other pany at the address set t'orth in ARTICLE 13 otth~s Lease. Said
notice period shall be effective upon placement ot' the written notice in an o['F~cial depository, of the United
States Post dj'face, Registered or Certified Mail, Postage Prepaid.
Thc Lea. se term is contingent upon the LESSOR'S ownership and occupancy of thc Demised Premises.
ARTICLE 3.
In lieu of rental payments for thc D,m'ised Premises, LESSEE shall provide emergency medical services
when such need ~'ises for the sole put,nsc of protecting the lives o['citizens of Collier Counly.
ARTICLE 4.
LESSEE shall utilize the existing utihtics presently utilized by LESSOR at the Demised Premises. such
~. but not limitcd to, sepuc or sewer, water, including potable watch, electricity, telephone, j'-.nilorial service.
~,~dening and outdoor maintenance. However, in lieu of pro rata share of utilircs and incidenv, I expenses,
LESSEE agrees to pay tour hun&cd doll.rs ($400.00) per month. LESSOB. and LESSEE shall rcncgoratc
LESSEE'S monthly contribution to said Expenses at each five ($) year renewal to reflect reasonable increases
in I. ho$c Expenses. At no time shall an increase be greater than five ($) percent otany preceding five (.~) yc',r
term. LESSOR shall previd~ LESSEE with the new monthly amount no latcr than thirty (3Ol days follc'.wint~
the beginning of thc renewal term then in effect.
NOV 1 8 1997
A~TICLE S. ~
Failure nf !.ESSEE ,o ¢ompl,.' ,,.,;t~ any provision or covenant of lhJs Lease shall consthutc a dera'J
LESSOR may, a~ ils option. Icrminate '~';~ Leas,' after thirly (30) days whiten notice to LESSEE. unless
default bc cured wtthin thc notice period (or such addmonal hmo as is reasonably rcqu,red to cancel such
default).
ARTICLE 6. Modificallons to Demised Pl'er,~ises
Prior 1o making any changes, alterations..ddifions or improvements to the Demised Premises, LESSEE
will provide to LESSOR all proposals and plans for altcr:qions, improvements, changes or a(khtions to thc
Demised Premises for LESSOR'S written approval, spccil'ying in writing the nature nad extent of the desired
alteration, improvement, change, or addition, along with the contemplated at,,rting ,,nd completion t~mc for such
project. LESSOR or its designee will then have sixty (60) days within which to :~pprove or deny in ',eating sa~d
request for changes, improvements, alterations or additions. LESSOR shall hal unreasonably ',,,',thhold its
consent to required or ,,ppropriate alterations, improvements, changes or additions proposed by I.ESSEE. If
after sixty (60) days Ihere has been no response irrom LESSOR or its designee to said propo.~nls or plans, then
such silence shall be deemed as an approval to such request of LESSEE.
LESSEE covenants and agrees in connection w~th any maintenance, repair work. crcctJor*, construction.
improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised
Premises, to obsewe and comply with all then and future applicable laws, ordinances, rules, regulation, and
requirements of the United Su,',es of )u'nerica, State of Florida, County of Collier, and ,,ny and all governmental
agencies.
All alterations, improvements, and additions to said Demised Premises shall at once. when made or
installed, be deemed as ',tracheal to tile fre:hold and to have become property of LESSOR. Prior to the
termination of tb.!s Lease c,,' an.',' r,'~'',,''a term thereol', or within thirty (30) days thereafter, if LESSOR so
directs, LESSEE shall prompHy rcm .... ~.he addqions, improvements, alterations, fixtures and installations
which were placed in, on or upon the Ucmi:ed Premises by LESSEE and which are designated iv. sa~d notice.
and repair any damage occasioned to :ha Demised Premises by such removal .',nd in default thereof, LESS~jJjii~
may complete said removals and repairs at LFSSEE'S expense.
LESSEE co','en;.l:L~ and agrees not to use, occupy, suffer or permit said Demised Premises or any part
thereof to be used or occupied for any purpose contrary to la'.,.' or thc rules or regulations of any public authority.
ARTICLE 7. Access tn Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have Iht right after reasonable
notice to LESSEE, to enter into and upon the Demised Premises or any par~ thereof at all reasonable hours for
the purpose of examining same and making repairs or janitorial service therein, and for tile m,rposes of
inspection for complia, ncc with thc provisions of this Lease Agreement.
ARTICLE 8, Assigrimen~ znd Subletting
LESSEE covenants and agrees not to ~ssign this Le~e or to sublcl the whole or any pan of thc Demised
Premises. or lo permit any o:hcr persons Io occupy same without the written consent of LESSOR. Any suclt
,,~signmcnt or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for
payment of renl or other sums herein provided or from the obligation to keep and be. bound by thc tcrn:s.
conditions and covenant~ of Ihis Lease. Thc acceptance of rent from any other person shall not h,: deemed to he
a waiver of any of the prowsions of this Lozsc or to be a consent to the assignment of tl',~s Lease or suhlemng of
the Demised Premises.
~u~',jcet to thc limitations ol ~c:uon 7§B.28, Florida Statulcs, LE$SI-I- in cons~tlernt~on ol l ca L)ull:,ts
($10.00}, the rcceipl .,nd suffic~cncy of which is hereby acknowledged, shall indemnif), dcfc~d and hold
harmless LESSOR, ils aGenls and employees from and ag.ninst any -',nd all linbdity (stn~.mry ur oU~cnniscl,
damages, claims, suits, demands, judgmcnls, cosls, interest and expenses (including,, but no~ haired to.
altorncys'; i.ecs and disburs-.mcn~s both at trial and appellate levels) .,risinG. direc~ty or indirectly, from ~,ny
injury to, or death of, any person or persons or da~maGc to property (includmB loss of usc thereof) rcl~cd to IAI
LESSEE'S usc of thc Demised Premises, (B) any work or thinB whatsoever done, or any condition ctcalcd
(other than by LESSOR, its employees, agents or contractors) by or on behalf of 1.ESSEE in or ~bout the
Demised Premises, (C) ,ny condition of the Demised Premises duc t.o or resultinB from any default by LESSEE
in thc performance of LESSEE'S obligations under this L¢~se, or iD) ~ny ncr, omission or neGliBcncc of
LESSEE or its agents, contractors, employees, subtenants, licensees or invitees, in case any action or
procec4ing is brought agaJnsl LESSOR by reason of any one or more lhcrcol', LESSEE shall I:~Y a costs.
anomeys' fees, expenses and liabilities rcsultin~ therefrom and shall dct'cnd such nclion or procccdin~ ii'
LESSOR shall so requcs,, 4 LESSEE'S expense, by counsel reasonable sa6si'actory to LESSOR.
LESSOR shall indemnify and sav.,?~rmles,: ~he LESSEE from and against any and all claims, actions and
suits, and from and against any and all Ioss~r., damages, costs, charges, reasonable altomcys' fee.~, payments.
expenses and habihues which LESSR~ '~ay sustain or incur due to Ibc sole negligent act ot omission of
LESSOR.
A.~TICLE 10. In~ur~'~.~:
LESSEE shall t~e out and maintain dunnG the course of this Lease. or nny renewal Ihcrcof.
comprehcnslvc general liabHhy coverage including bodily injury nnd propc~y damage, premises nnd operations
coverage, products and compIclcd opcraHons covcraEc, broad fo~ property damage conclave, aulomobllc
liabHHy coverage includinG owned automobiles, non-owned ~ulomobilcs and hired au~omobdcs and conlraclual
li~bilny coverage in ~n amoun~ or no~ less Ih~n One Million ~nd 00/100 Dollars ($1.00~,00~.O¢)) combined
single limas. Thcs~ msur~cc ~licy0~s) shall rcflec~ LESSOR ~ an ~ddnional insured.
I[ LESSEE ~alls under thc S~a~c of FloHd~ Worker's Compcns~lion Law, coverage shall bc provided for
all employees. Thc coverage shall bc for slatuto~ limits in compliance with thc applicable S~alc and Fcdcrot
laws. Thc policy must include Employer's Liability with a limi~ of One Hundred Thousand ~nd 0n 100 Dollars
(Sl00,000.~) each accident.
ARTICLE I I. R~aintenancc and Repairs
LESSEE shall, at its sole cost and expense, keep the EMS Department Area clean at all ti,acs. If said
EMS Department Area is not kept clc~ in the opinion of LESSOR. LESSEE'S manager will he so advised i.
wriling If correcuvc ace,un is not lakcn wad:in ten (10.~ days of thc receipt of such nolicc, LESSOR ~,.HI c~usc
Ibc same ~o bc cleaned ~P~ rn~cc~4 nnd LESSEE shall assume and pay ~11 n¢ccssa~ clc~mng cosls nnd such
cosls shall consnJulc lddmonal rcm ~h,rh sh~ll hc p:~d by LESSEE ~viH~m Ica (10~ days of rcccJpl of ~vrhlcn
noUcc of cosls incu~cd by LESSOR.
LESSEE shall repair all damage 1o thc EMS Department Area caused by LESSEE, it employees, agents.
independent conlractors, guests, invades, licensees or patrons. LESSOR shall be responsible for all repairs ~nd
maintenance to thc sL--',-~'u'c and utHmcs.
ARTICLE 12. ~essor
LESSOR shall in no event be charged with default in Ihe performance orany of its obligations hereunder
unless and un~il LESSOR shall h~,,.'¢ failed to perform such obhGations within thirty (30J d~ys (or such
a~idonal time as is reasonably required to correct such dc£null) aRcr notice to LESSOR by LESSEE properly
specifying wherein LESSOR has failed to pcr£orrn any such obligations.
NOV 1997
ARTICLE 13. I.!c.~iccs
Any notice which LESSOR or LESSEE may bc required to give to thc other party shall be in writing to
the other par17 at the following addresse.~:
LESSEE:
Board of County ComrnL;.fioners
c/o Real Property MEmt. Dept.
3301 Tamia, mi Trail East
Administration Building
Naples, Florida 34112
cc: Office of the County Attorney
Emergency Services Chief
LESSOR:
North Naples Fire Control and Rescue District
1441 Pine Ridge Road
Naples, Florida 34109
Attention: Commission Chairman
cc: Fire Chief
ARTICLE
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the EMS Department
A~ea and any improvements lo the EMS Department Area upon expiration of this Lease. or ils earlier
lerrnination as herein provided, broom clean and in as good condition and repair :~s thc namc shall hc at Ihc
comrnencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance
thereof, ordinary wear and tear and exceptcd.
ARTICLE 15. ~ovisions
LESSEE' foil) ~lders:a.,:'i.; H:a! :'..; ¢olice und law enforcement security prolection provided by law
enforcement agencies to thc Demised ,",:mi.~cs is limited to Ihal provided to ~ny olher husiness or agency
situated m Collier County, and LESSOR ackno',vledges that any special securily me;~snres deemed necessary for
additional prolcction of the Demised Prc,n,scs shall be thc sole responsibility and cost of LESSEE and shall
involve no cost or expense to LESSOR. ,
LESSEE expressly :.g.'ces for itselF, its successor and assigns, to refrain from any use of thc Demised
Premises which would in~erfcrc with or adversely affect the operation or maintenance of LESSOR'S standard
operations where other operations share common facilities.
LESSOR grants LESSEE approval for placement of signage at all entry tad exit points of the North
Fire Station.
ARTICLE 16.
In compliance with Section 404.056, Florida Statutes, all pmics are hereby made aware of the following:
Radon is a naturally occurring radioactive gas thai, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who ate exposed to it over time. Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Addition.'q information regarding radon
and radon testing may bc obtained bom your county public health unit.
ARTICLE 17. ~
This Lease Agreement shall become effective upon execution by bolh LESSOR and LESSEE.
ARTICLE 18. Gov.e~:~ing Lzw
This Lea.se Agrecmcn: shall be gov,.me-J *--,d construed in accordance wilh the laws of the Slate of Florida.
IN WITNESS WHER.E. OF, thc par~ies hereto have hereunder set forth their h;m,.h ;md sc;ds.
AS TO THE LESSEE:
DATED:
A'I-fEST:
DWIGHT E. BROCK, Clerk
BY:
, Depu{y Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY L. HANCOCK. Chairman
AS TO THE LESSOR:
DATED:__ 9'--~ -
A'FI' EST:
., Secretary
w1T~EsS (signature)
print name
NORTH NAPLES FIRE CONTROL AND RESCUE
Approved as to form ~nd
legal ,~u fficier,:y'
Heidi F. Ashton
~sist~t County Atto~ey
J NO¥ 18 1997
EXECUTIVE SUMMARY
TEILMINATION OF AGREEMENT XaqTH FIRST HEALTH, 1NC. FOR THIRD PARTY GROUP HEALTH CLAIMS
ADMINISTRATION SERVICES ANT) TO APPROVE AN AWARD TO FLOR. IDA FIRST, INC. TO PROVIDE
SUCH SERVICES.
~ To seek termination of the agreement with First Health, Inc. and to receive authorization to hi. re
Florida First, Inc. to provide clam administzation services to the County's group health insurance program.
.~ONSIDERATIONS: In November, 1996, the Board approved the selection of First Health, Inc. as it~ third party
group health claims administrator. First Health began work on January 1, 1997. From the beginning of the contract, the
Count5' has experienced significant and ongoing problems with the services provided by First Health. The history of
these problems includes the following:
1) The failure of the ACT 3 claims management information syslem which resulted in a five month delay in claims
processing.
2) Insufficient customer service to employees as customer service representatives were unable to access and correct
problems within the ACT 3 system.
3) Problems with elecn'onic eligibility soft'are which caused delays in adding and deleting employees from the plan.
This created coverage problems.
a) Continued customer sec'ice problems in the Maitland, Florida office.
5) The inability of ALTA R.x~ the prescr4ption drug provider of First Health, to load eligibility information in a ttmely
manner which caused delays in the processing of prescription drug benefits. In effect, employees were unable to
utilize their drug benefit program and had to pa)' for prescriptions out of pocket and seek reimbursement from
ALTA R.x.
In Jul)', the county learned that First Health had been purchased by Healthcare Compare and it was uncertain as to the
future status of the company and its claims offices, particularly the Maitland office which serviced the county. As a
result ofpas~ and current dissatisfaction with Filst Health's performance, the Risk Management Director in September
asked the county's broker, Willis Corroon to bring back at least tkree proposals for third party claims administration
services in anticipation of the January 1 plan year and in light of the uncertainty surrounding First Health's sale. In
addition, a meeting ,,,,'as conducted with the Benefits Steering Committee which represents those participating
consututmnal agencies and BCC employees to assess the level of satisfaction with First Health. A high level of
d~ssatisfacu'on ,,,'as expressed by several members of the committee.
In mid October, word was received that First Health would be selling its Maitland facility to United Healthcare
Administrators effective January I, 1998 and that it would begin closing its marketing offices. This change meant that
effective January 1, Colher County would be serviced by United Healthcare without the County's consent.
On October 24u', Willis Corroon delivered the proposals from three potential vendors which included Florida First,
CoreSource, and Professional Administrators. The Benefit~ Committee interviewed these potential candidates and
ranked them according to its assessment of their capabilities which resulted in Florida First having the highest ranked
proposal. Other considerations which affected the comminee's recommendation of Florida First were 1) in, ability to
implement '&e program effectively to avoid clam~s processhag delays; 2) the possession of an I'LMO license and the
ability to assist the county in establishing an HMO in the future; 3) the similar size of accounts serviced; 4) reporting
capabilities and the ability to identify utilization problems tlxrough their "drill down" capabilities; and 5) Florida FtVst's
exisnr, g familiarity with the SunHealth managed care fee schedule and resulting ease of implemer~tation. On October
28u', Risk Ma,~agement staff visit, ed the Winter H~ven. Florida location of Florida F~t and reviewed all areas of
operation including claLms procedures, customer service procedures, financial operafior~, infon'nation systems, audit.
and utilization review<ase management. Surf felt FLrst Health's olx.rations were exceptional and that ',hey would be
highly capable of servici.ng the county's group health program. In aadition, reference checks were conducted which
resulted in good to exceptiot~al rankings from the three references called.
[i OV I 8
On October 31", the committee met agai~ to review the findings of thc reference checks, site visit, and cost information.
A comparison of expected annual costs of the three proposals resulted in the following:
Florida First $174,900
Professional Administrators $178,733 plus case management fees
CoreSource $167,967
Although CoreSource presented the lowest price, the commi,"tee felt that the superior capabilities of Flor'ida First were
sufficient to offset this cost difference. As such, Florida First is recommended for approval as the county's group health
claims administrator effective January I, 1997.
In the interest of tLme and in anticipation of the Board's approval of this recommendation, a letter was sent to First
Health, dated October 30, 1997 notifying First Health of the county's intent to cancel the contract effective January 1,
1998. This notification was intended to preserve the 60 day cancellation for convenience provision as well as to identify
the .Assignment Cl,,use of the contract as the basis for the cancellation.
GRO\VTH MA.NAGEMENT IMPACT~ None.
[J-..$~~: A breakdo',vn of proposed costs is as follows (all fees are per employee per month unless otherwise
noted):
Administration Fee
Utili2ation Review;Case Management
Pharmacy Benefit Management Fee
Flex~ble Spending Account Administration
COBR. A Administration
HIPI'A .Administration
$6.75
$2.25
$1.00
$2.50/account
$ .25
$ .35
Annual costs based on current enrollment are expected to be $174,900. Funds are budgeted within Fund 517-121640
expressly for this sera'ice.
RFr'o\'I\'IENDATION' It is recommended that the Board of Commissioners terminate the existing agreement with
F:rst Health. Inc. effective January 1, 1998 pursuant to the 60 day Cancellation for Convenience clause as well as the
.-xs.;~;nmcnt clause and that an award be made to Florida First, Inc. authorizing staff to negotiate a contract for service to
be effective Sanuary 1, 1998.
J~f Walker, CPCU, ARM, Risk Management Director
EXECUTIVE SUMMARY
APPROVAL TO AMEND THE COUNTY PURCHASING POLICY.
OBJECTIVE: To implement one of the recommendations of the Citizen's
Productivity Committee (increasing the formal competitive threshold) pedaining
to the County's purchasing process.
CONSIDERATIONS: On November 4, the Board of County Commissioners
adopted the staf?s implementation plan for improving the County's purchasing
process. The plan was drafted in response to a report submitted previously to the
Board by the Citizen's Productivity Committee.
Both the report and the implementation plan call for increasing the formal
competitive threshold from $15,000 to $25,000. Accordingly, please find
enclosed a resolution modifying the County's existing purchasing policy to reflect
that change.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: N/A.
RECOMMENDATION: That The Board of County Commissioners formally
amend the County's purchasing policy to raise the formal competitive threshold
to $25,000 and that the Chairman be authorized to sign the enclosed resolution
on behalf of the Board.
PREPARED BY:
Steve ~;arnell, '
Purchasing/General Services Director, CSM
REVIEWED BY:
Leo Ochs Jr., ./
Support Services A. dministrator
Date
Date
NOV I 8 I997
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RESOLUTION NO. 97-
RESOLUTION AMENDING COLLIER COUNTY RESOLUTION 95-353 AND
THE PURCHASING POLICY REFERENCED THERBY
WHEREAS, Collier County Ordinance 87-25 provides for the establishment
of a purchasing policy to govern all aspects of purchasing administration; and
WHEREAS, The Board of County Commissioners on June 6, 1995 last
adopted a purchasing policy by Resolution 95-353; and
WHEREAS, Both the Citizen's Productivity Committee and the Collier
County staff, seeking to increase the efficiency of the County's procurement
efforts have recommended increasing the formal competitive threshold from
$15,000 to $25,000.
NOW. THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
Resolution 95-353 and sections III, IV and V of the purchasing policy
attached thereto and incorporated therein are hereby amended by this
Resolution as shown in, attached hereto and incorporated herein by reference.
This Resolution adopted after motion, second and majority vote, favoring same.
DATE: , 1997
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A'Fi"EST:
DWIGHT E. BROCK, Clerk
By:
Timothy L. Hancock, Chairman
By:
Maureen Kenyon, Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
David C. Weigel, County Attorr, ey
I NOV' 19971
III .
IV.
Page 2 O
12.Disoualificstton of Bldders: Nave the responsibility
to ascertain the identity of all vendors who default
their quotations or bids to the County or fail to
provide commodities and services required under
contract. Further, to determine if said vendors shall
be removed from purchasing consideration for a period
of three years unless this prohibition is expressly
waived by the Board of County Commissioners.
13. ~nuuirv and Control: Have full authority to question
the quality, quantity, and kinds of items
requisitioned in order that the best interests of the
County are served.
FIELD PURCHASE ORDERS (PURCHASES OF $500 OR LESS)
A. Field Purchase Orders, with the approval of the
department's authorized signatory, will be used by
departments for immediate purchase of commodities,
out-of-town travel expenditures and services not to
exceed the maximum value of $500.
OUOTATIONS (PURCHASES BETWEEN $500-$25,000)
A. All purchases of commodities and contractual services of
a total estimated value in excess of one thousand
dollars ($1,000) and less than or equal to the formal
Bid Limit of Twenty Five Thousand Dollars ($25,000) may
be made in the open market without formal public
announcement and without formal bid. All purchases not
requiring formal competition shall be awarded by.the ~
Purchasing Director to the qualified and responslvewhlchm~
vendor submitting the lowest or best overall quote '
meets all specifications.
1. Minimum Number Ouotes: Purchases between $500.01 and
$1,000 may be procured with one quote with the prior
review and approval of the Purchasing Department. Open
market purchases or sales in excess of $1,000 but less
than or equal to the formal competitive threshold
shall be based on at least three (3) competitive
quotes and shall be awarded to the lowest, qualified
and responsive quote in accordance with the standards
sec forth in this Policy.
2. Solicitation of Otlotes: The Director may solicit
either oral or written quotes for open market pricing
or sale, using available bidders' and supplier lists.
The Director shall determine in which instances
quotations shall be solicited in writing. Further the
Director shall determine which agency (e.g.;
Purchasing or the using agency) shall obtain the
quotations. All oral quotes in excess of seven
thousand, five hundred dollars $7,500 shall be
confirmed in writing by the vendor prior to purchase.
3. Public Record: The Director shall keep a record of
all open market quotes submitted and such records
shall be open to public inspection after award has
been made.
B. The requirements for requesting quotes from three (3) or
more sources are waived and do not require Board action
for:
NOV 1 B 1997
Page 3
Us
1. Purchase of library books, education and/or Personnel
tests, similar audio visual materials, periodicals,
printed library cards, etc.
2. Professional services; and, in instances when
authorized by the Purchasing Director where
commodities or services are purchased directly from
the ow~ner of a copyright or patent, a governmental
agency, a recognized educational institution, or when
there are no other identifiable sources available.
3. Purchases that the Director has determined to be
legitimate single source purchases.
4. Valid public emergencies or other instances deemed by
the Director to be in the best interests of the
County.
FORMAL COMPETITIVE THRESHOLD (Purchases in excess of
$25,000)
A. It is the intent of the Board of County Commissioners
to establish an amount of Twenty Five Thousand
($25,000) dollars as the County's formal competitive
threshold for purchases. The established limit shall be
applied to all methods of purchase by agencies under
the purview of the Board of County Commissioners,
including but not limited to competitive sealed bids,
competitive proposals and competitive selection and
negotiation. The requirement for formal competition may
be waived by the Board of County Commissioners where
permitted by law, under the following circumstances:
1. Single source purchases (pursuant to subsection C).
2. Valid public emergencies (pursuant to Section XX).
3. Where it is determined to be in the best interests
of the County to do so.
B. All purchases subject to formal competition shall be
awarded by the Board of County Commissioners unless
otherwise delegated by the Board via formal public
action.
C. ~xemDtion For SinGle Source Commodities: Purchases of
commodities and services from a single source may ~
exempted from formal competition upon certification by
the Purchasing Director of both of the following
conditions:
1.The item(s) is the only one available that can
properly perform the intended function{s);
2. The recommended vendor/contractor is the only one
ready, willing and able to meet the County's
requirements.
Ail Single Source purchases in excess of the formal
competitive threshold shall be exempted from formal
competition by the Board. Purchases less than or equal
to the fo~nal competitive threshold may be exempted
from competition by the Purchasing Director permitted
by law. -- /~NOA IT£M -
NOV I B 1997
APPROVAL OF BUDGET AMENDMENTS
BCC Agenda of 11/18/97
Naple~/Area 1
Mandalory Trash Collection (473)
Budget Amendmeat 97-507
Operating Expense $ I 0,000
Reserves ($10,000)
Exolanation:
Payment for District I solid waste collection, because more customers than anticipated filed for certificate of
occupancy (more homes were built).
Solid Waste Disposal (470)
Budget Amendment 98-025
Naples Landfill
Operating Expenses (Project WMI Landfill Contract - 59515)
Operating Expenses (No project)
Total
Explanation:
$25,700
{$25,700)
Switching payment for Naples Landfill sewer bills (stormwater/leachate pumping) to the same project number as
all other landfill operations. This will make these funds part of the overall operations subtotal, thereby easing
payment of unexpected overages in the future.
Automated Information System (505)
Budget Amendment 98-026
Telecommunications
Personal Services ($4,000)
Operating Expenses ~,00(2_
Total
E x..~_~.~at io.__._n2
To continue normal operation.~ with contract help until staff members who have resigned are replaced.
MSTD Road Construction Dist. 3 (104)
Budget A~nendment 98-038
Landscape Operations
Operating Expenses (634999 - Other Contractual Services)
Operating Expenses (643100 - Electricity)
Operating Expenses (646311 - Sprinkler System Maintenance)
Operating Expenses (646318 - Mulch)
Operating Expenses (652310 - Fertilizer, Herbicides & Chemicals)
Total
,Explanation:
(S17,900)
$2,600
$4,000
$8,500
$2.809_
AGENDA ITEM
No
NOV 18 1997
Funds need fo be allocated under these object codes to better track the cosy associated ~vith Golden Gate median
maintenance, which is a newly budgeted expense for the current fiscal year. A total of SI 10,900 was
appropriated for dais work, all of which was budgeted under Other Contract.kM Services (634999). The remaining
$93,000 will remain in that line item for the annual maintenance contract. ( No additional fund~ are being
recF~ested).
General Fund (001)
Budget Araendment 98-040
Maintenance Service!
OperatLng Expenses
Reserves
Total
$I
(51.40o)
Explanation:
This represents the balance of the appropriations for the Count)' Picnic that ,,'ere k:fl u~~ o~
unencumbered at the end of FY 97. Thc maintenance services budget tempor'aa~' {~sod:~ thc pic:uic
expenditures that carried over into FY 98 until a budget amendment could be completed.
AGENDA ITEM
No. I t,,, £~/.)_.
NOV 1 8 1997
Pg%
EXECUTIVE SUMMARY
APPROVE A COUnTY-WIDE FACILITIES CAPITAL
FUND (301) BUDGET AMENDMENT.
OBJECTIVE: That the Board of County Commissioners approve a
budget amendment for the County-Wide Facilities Capital Fund (301) that
(1) recognizes carry forward variances by project, (2) adjusts prior yem'
(FY 97) appropriations of encumbrances for the Collier Naplescape (60013)
and Medical Examiner's Facility (80112) projects, (3) and places
unallocated can->' for~vard revenues into fund reserves.
CONSIDE1LATION: The following are seven (7) projects that have carry
forward revenues available to be appropriated from budgeted funds that
were not encumbered in FY 97:
Project: Amount:
80180 PC Modernization $ 69,653
66075 E. U.S. 41 Landscape $ 5,500
80197 Bldg. W Expansion $ 70,069
00000 800MHz Radio Acquisition $315,186
01801 Space Plan $216,000
00000 S.O. Computer Aided Dispatch System $319,908
00000 Bld~:. J Improvements $ 2,875
Subtotal: $999,191
The Medical Examiner's Facilit3' project budget was approved for the FY
97 Adopted Budget with approximately 50% of the funding to come from
ad valorem taxes and approximately 50% from loan proceeds. However,
subsequent analysis of cash flow and the project schedule revealed that it
could be completed by budgeting approximately 50% of the expenditures in
FY 97 and 50% in FY 98. Per tlae County's budget policy, the full amount
of the construction contract was encumbered in FY 97. As is the procedure
for ail capital projects, the encumbrance rolled forward into the FY 98
budget as a prior year appropriation funded by carry fonvard. Howeve]
since tt~e carryforward, in Sis case, is a product of loan proceeds that
no:v not be realized, staff wishes to fund the remaining balance of the
AGENDA ITC'M -~
NOV 18 1997
pg. I
project with the new ad valorem revenue that would have otherwise been
used for debt service on the loan. This approach saves $25,000-$50,000 in
interest expenses.
FISCAL IMPACT: A budget amendment will be needed resulting in a net
increase in County-Wide Facilities Capital Fund carry forward
(301-919010-489200) of $441,211, funding a net increase in project
expenses for FY 98 of $149,420 and increasing reserves (301-919010-
991000) by $291,791.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners
approve a budget amendment appropriating additional carry forward
revenue in the County-W/de Facilities Capital Fund (301), revising prior
year appropriations of encumbrances to reflect the revised funding plan for
the Medical Examiner's Facility, and resulting in a net increase to the fund
of $441,211.
?/., ? 9
Phi,h~ R. Tindall, Sr. Budget & Mgr. Analyst
Office of Management & Budget
REVIEWEDBY:_~ ~,.~ //; / ,-,. '
":---~,yacilities Management Department
RE ' .\x
'V i-EWED BY: '2 :~,'-~ ~''~' [3q ~-i.£ ', "--"/ Date: i i - / 2 -~½' ?
~ c.~t~ Ki.._el,~l:i.'a~o~ Di~tor
~,~ Sheriff's Office
A~P~OVEr~ ~,,.: ,,~~. ;_.~ ,--mtn: ~_~/e 2
Michael Smykowski, Director
Office of Management and Budget
.o.
NOV 18 1997
Pg._ Z
AGENDA,IT~N~,
NOV 18 1997
Pg., 3
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
NOVEMBER 1 $, 1997
FOR BOARD ACTION:
1.
Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Sen'ices of the Public Defender for Case Nos.: 95-2925-MMA, 95-5032-MMA,
95-5693-MMA, 92-06gg-CFA, 95-5243-MMA, 95-7014-MMA, 97-4376-MMA, 97-
1464-MMA, 96-10334-MMA, 96-10336-MMA, 97-0292-MMA, 97-1627-MMA, 97-
7241-MMA, 97-3242-MMA, 97-5985-MMA, 97-3680-MMA, 97-58gg-MMA, 97-6163-
MMA, 97-6246-MMA, 97-7009-MMA, 97-5744-MMA, 97-524g-MMA, 97-6995-
MMA, 97-1945-MMA, 97-5222-MMA, 97-6289-MMA, 96-6357-MMA, 96-5442-
MMA, 97-6586-MMA, 96-10204-MMA, 97-0655-CFA, 91-058 l-MI, 95-3259-MMA,
95-7015-MMA, 95-3517-MMA, 95-18g7-CFA, 96-5918-MMA, 97-565g-MMA, 97-
0034-MMA, 97-51 $9-MMA, 96-2205-MMA, 97-2105-MMA, 97.-4772-MMA, 95-2603-
MMA, 95-11 $6-MMA.
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
3. Districts:
Big Corkscrew Island Fire Control & Rescue District - Public Facilities Report,
no changes in map and no bonds letters, Management Rebuttal Letter, 1996-1997
meeting schedule, Audited Financial Statements- September 30. 1996 and
Annual Local Government Financial Report - 1995-96.
Co,,,,' Slough Water Control District - Registered agent form for 1997 and district
map.
Devil's Garden Water Control District - Executed order appropriate the petition to
amend the boundaries of district.
East Naples Fire Control & Rescue District - General Purpose Financial
Statements - September 30, 1996.
E. Fiddler's Creek Community Development District - Minutes of June 25, 1997.
Golden Gate Fire Control & Rescue District - Special District Repons,
Designation of Registered Agent Form, district map, 1997-98 meeting schedule,
no outstanding bonds lener and 1997-98 Budget.
Heritage Greens Community Development District - Minutes o_.f~f Ju~,_3p_ LO_OT__
meeting. AGENDA ITEM
NO' 18 I997
pg.
Housing Authority - Annual Financial Report for FYE 9/30/96, Audit FYE
9/30/96, letter from auditor stating we received no management letter, approved
budget for FY 1997-98, registered office and agent, schedule of regular meetings
for 1997-98 and description of outstanding bonds for FYE 9/30/96.
Immokalee Water and Sewer District - Rebuttal to management letter, budget,
registered office and agent and schedule ofregular meetings.
Key Marco Community Development District - minutes of June 1 I, July 30,
August 13 and November 6, 1996 meetings.
Marco Island Fire-Rescue District - No rebuttal to auditor's report and no bonds
letters, 1997-98 proposed budget, letter dated 8/27/96 reporting that the registered
agent is Chief Ed Dy, yet, no changes in district map, the Public Facilities Report -
7/17/97 and schedule of regular meetings.
Lo
Collier Mosquito Control District - Annual Certified Budget FY 1997-98, current
district map, registered office and agent form and schedule ofregular meetings -
1997-98.
M.
Naples Heritage Community Development District - schedule of regular meetings
and district map.
Fiddler's Creek Community Development District - schedule of regular meetings
and district map.
OD
Port of the Island Community Development District - schedule of regular
meetings, district map, and tr~smittal letters to County and City of Naples
regarding District's Public Facilities Report for 1997 and minutes of July 17,
1997 meeting..
Pelican Marsh Community Development District - schedule of regular meetings
and district map.
Qo
Key Marco Community, Development District- schedule ofregulm-meetings,
district map and transmittal letters to County and City of Naples regarding
District's Public Facilities Report for 1997.
Lely Community Development District - schedule of regular meetings and district
map.
Heritage Greens Cornmuni~ Development District - schedule of regular meetings
and district map.
North Naples Fire Control & Rescue District - Letter stated no rebuttal to
management leuer, 1997-98 Operating Budget - Impact Fee Budget - Fire Hydrant
AGENDA ITEM
No. I t,,.(~.
NOV 18
Pg · ~..~_~
Budget - Fire Code Official Budget, district map, registered agent form, schedule
of regular meetings and facility record.
Collier Soil and Water Conservation District - Letter stating no outstanding
bonds, registered agent form and district map.
V. South Florida Water Management District - Proposed FY98 Budget-in-Briefi
Minutes:
Ao
Airport Authority - August 1 I, 1997 minutes and agenda of October 13, 1997.
Referred to BCC.
Beach Renourish. ment/Maintenance Comminee - Agenda of October 2, 1997.
Referred to BCC.
C. Code Enforcement Board - North - August 28, 1997 minutes. Referred to BCC.
D. Code Enforcement Board - South - August 8, I997 minutes. Referred to BCC.
Environmental Policy Teclmical Advisory Board - October 13, 1997 agenda.
Referred to BCC.
Golden Gate Beautification Advisory Committee - September 9, 1997 minutes
and agenda of October 14, 1997. Referred to BCC.
Historical/Archaeological Preservation Board - October 24, 1997 agenda.
Referred to BCC.
lmmokalee Beautification M.S.T.U. Advisory Committee - September 17, 1997
minutes and agenda for October 15, 1997. Referred to BCC.
Ochopee Fire Control District Advisory Board - April I4, 1997 minutes. Referred
to BCC.
Collier County Planning Commission - September 4, 1997 minutes and agenda of
October 16, 1997. Referred to BCC.
K. Productivity Committee - August 28, I997 minutes. Referred to BCC.
Collier County Water and Wastewatcr Authority - August 25, 1997 minutes.
Referred to BCC.
.Other
No..__.~.~. ,.,
NOV 18 I997
Pg. .~
Co
Statement of revenue and expenditures of the Clerk of the Circuit Court for the
year ended September 30, 1997 from Dwight E. Brock, Clerk of the Circuit Court.
Referred to BCC.
Collier County Tax Roll Annual Report for 1996-97 fiscal year and Schedule of
Revenue reflecting the allocation of the unused fees for that year from Guy L.
Carlton, Tax Collector. Referred to BCC.
Letter from Mark Middlebrook, Deputy Court Administrator on behalf of William
D. Wilkinson, Court Admirdstration and the Honorable Hugh E. Statues, Chief
Judge for the Twentieth Judicial Circuit announcing the returning of funds.
NOV 18 1997
Pg · .__~. ....
EXECUTIVE SU~Y
RECOFiMEND THAT TH~ BOARD OF COUNTY COM~ISSION]~RS ACCEPT THE LOCAL LAW
ENFORCEI~ENT BLOCK GRANTS PROGR3uM AWARD FROM TH~ U.S. DEPARTM~T OF
JUSTICE.
OBJECTIVE[ TO have the Board of County Co~nissioners accept the U.S.
Department of Justice Local Law Enforcement Block Grant for a Sheriff's
Office program to procure equipment that will reduce crime and improve
safety in Collier County.
CONSIDERATIONS~
2 o
On June 17, 1997, the Board of County Commissioners executed
documents indicating the Collier County Commission as the coordin-
ating unit of government for the Local Law Enforcement Block Grant.
On June 17, 1996, the Board of County Commissioners approved the
grant program purpose area to procure equipment directly related to
basic law enforcement functions.
On October 27, 1997, Collier County received the $279,267 Local Law
Enforcement Block Grants Program award from the U.S. Department of
Justice.
The Collier County Local Law Enforcement Block Grant Advisory Board
has reviewed and approved the Sheriff's Office proposed program for
utilization of grant funds to procure data networking equipment.
This is the second year the Collier County Sheriff's Office has
received Local Law Enforcement Block Grant funding.
The signature of the Chairman of the Board of County Commissioners
is needed to officially accept the grant.
FISCAL I~LPACT~ The $279,267 revenue from this grant will be included in
the Sheriff's Special Revenue Fund (Sheriff 115). Funds in the amount
of $31,030 are budgeted in BCC's F/Y 1997/98 Fund 115.
gROWTH MANAGEMENT: No recurring costs for subsequent years.
R~COM)fENDATION~ That the Board of County Commissioners accept the United
States Department of Justice Local Law Enforcement Block Grant to
underwrite a Sheriff's Office program to procure equipment that will
reduce crime and improve safety in Collier County.
CERTIFICATION OF CONI~ISCATED TRUST FUND REQUEST
APPROVED BY: /~-~bon }k~.ter, Sheriff
DATE: / Octo~r 29. 1997
This request is a legitimate expenditure of Confiscated Trust Funds under
Section 932.7055 (4) (a) Florida Statutes to provide matching funds to
obtain federal grants.
PREPARED BY: ~~
Cryst~% K. Kix~ze , ~ ce ir~ctor
U.S. I~partment of Justk'~
Ofl'r.~ of Justic~ Programs
Bureau of Justice Assistance
Off~-~ d ~ Dinx~
I~, DC 2eJJ!
September 30, 1997
Timothy Hancock
County Board Chairperson
County of Collier
3301 Tamiami Trail Avenue
Naples, FL 34112
OCT 2 J?97
~Oand oF Cour,ty Co~ss for'ers
RE: FY 1997 Local Law Enforcement Block Grants Program
Dear Mr. Hancock:
I am pleased to inform you that the Bureau of Justice Assistance (BJA) has approved
the County of Collier's application for funding under the Local Law Enforcement
Block Grants (LLEBG) Program, in the amount of $279,267. The purpose of the
LLEBG Program is to reduce crime and improve public safety. This Block Grant
Award may be used for any of the Purpose Areas described in the statute.
Enclosed you will find the Grant Award and Special Conditions documents. Please
sign these forms and return a copy to the LLEBG Control Desk, 4th Floor, BJA, 810
7th Street, NW, Washington, D.C. 20531. If you have any questions in regard to this
award, or ifBJA can be of further assistance to you, please do not hesitate to contact
the Grants Administration Branch, Local Law Enforcement Block Grants Program
Division at (202) 305-2088.
I look forward to a continuing partnership with the County of Collier in fara~erance of
this importam criminal justice program.
Sincerely yours,
Nancy E. Gist
Director
Enclosures
ASE':DA ~TEk~
OFT'ICE OF ,r¢STICE ?RCX]IL/dVlS
i~ [~ OSP ['~ BJA ~'-10JJDP [~ GRANT -' PAGE I OF 6 ¢
[] BJS [] NU [~ OVC [] COOP£RATIVEAGREEMENT
CI'~ECK A. PPROPRIATE BOX
I. GR.~,'TEE NAJ~£ AND ADDRESS (IncludioI Zip Code) 4. AWARD NUMBER.: 9?LB'%'X4249
County of Colli~
3}01 Tazniami Trail Av~nu~
Naplts, FL 34112 :5. PROJECT PERIOD: FROM 10/01~)7 TO 09/30?99
BUDGET PERIOD: FROM I0~1/97 TO 09,"10Z99
IA. GRANTEE ila..S/VE'NDOR NO. 5~)05~1 i 6. AWARD DATE 09/30?97 7. ACTION
2. SUBG~E NAME AND ADDILESS~Inclaainl Zip Code) I. SLrPPLEME'NT NgJt4BER [~] Initial
2.~ SU'~GR.A,N'TEE IR.S/¥ENOOR HO. 9. PILEVIOUS AWARD A.MoLrNT $
3. PROJECT TTI'LE 10. A~,4OLr~'T OF TH2S AWARD $279~.67
Loc~ ~ Enfo~.tmen~ Block Gr'~ts Pr~/,ram. F'Y 1997
!l I. TOTAL AWARI)
12. SPECIAL CONDIT;ONS (Check. if ~plicablc)
TH~ ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS A5 ARE SET FORTH
ON THE ATTACHED ~ PAGES
13. STATLFTORY AUTHORITY FOR
] TITLE I OF ThE O~IBUS CRI,'~E CONTROL A.~'O SA}'E STREETS ACT OF
42 U.S.C. 3701, ET. SEQ., AS A~'wtENDED
-"q TITLE 2 OF THE .rUg/ENILE JUSTICE AND DELrNQL,n~"NCy PKEVEN"['ION ACT OF 1974
42 U.S.C. ~601, ET. SEQ., AS ~;4EqqDED
~ ¥1CT'~MS OF CRIME ACT OF 19&4 , 42 U.S.C. 10601, ET. SEQ., PUBLIC LAW 91-473, AS AMENDED
L~ OTHER(Specie): C)~ibu~^~propri~do,uAc~or1997 _ '6~", , ....
14. HJ99JR£ F1SCA.L Y'F_AR(S) SUPPORT:
SECONt~ Y~,~'S ~UtXS~ ~ERIOD: N/^
AJ~OUN'T OF FLFNDS: N/A TYP£ OF
TH]R.D YEAJL .'S BUDGET PERIOD: N/A
A.~OUNT OF F'L~DS: , .~¢/A TYP£ OF FUNDS:
1.5. METHOD OF PAY'MENT
~ O~E WILL R. EC£1¥E CASH VIA A LE"n~R OF CREDIT ~ YES E~ NO
16. TYPED N.,~I ~ AND TITLE OF APPROVFNG OJP OFI-'ICIAL I & TYPED N.~4F AND TITLE OF ALFrHORJ. ZED G~CTEE OFFICLa£
N~nc,/E. GisL ~r~c~or Timothy H~cock
Bur~,, of $~dcc Assist. once Count/Bo~tcl C'~irpcrson
I7. SIG~AT'UF-.E OF APPROVING OJP OFFICIAL 19.SIGNATUP,.E OF ALrFHOILIZ~D GR.ANT~E 19A. DA'DE
FISCAL FU?'iD DUD. DIV. '
"/EAR CODE ACT. OFC. I,(.EG. SUB. POMS A,MOU?,-FI' i NOv
F-1[__q ,,,,, [.] o,,'c
AWARD CONTINUATION
SHEET
~j GEANT
~ COOPERATIVE AGREE,~tENT
CHECK APPROPR/ATE BOX
PROJECT NUMBER 9'/LBVX4249 AWARD DATE 9/30/97
PAGE .,2 OF 6
SPECi AL CONDITIONS
J o
The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
o
The recipient agrees to comply with the organizational audit requirements of the applicable OMB audit circular. The first
audit report period should be for 09/01/97 to 08/31/98. The management letter outlining audit findings, submined by the
auditing organization, must be submined with the audit report. Grantee audit reports must be submiued no later than
thirteen (13) months after the close of each fiscal year during the tenn of the award.
Recipients who receive SI00,000 or more of federal funds during their fiscal year. are required to submit an
organization-wide financial and compliance audit report. Recipients who receive $25,000 to SI00,000 of federal funds,
are required to submit a program or organization-wide audit report as directed by the granting agency. Recipients ,,,,'ho
receive less than $25,000 of federal funds, are not required to submit a program or organization-wide financial and '
compliance audit report for that year.
Note: If your audit disclosed findings or recommendations you must include with your audit report, a corrective action
plan containing the following:
I) The name and pt-,one number of thc contact person responsible for the corrective action plan.
2) Specific steps taken to comply with the recommendations.
3) Timetable for performance and/or implementation dates for each recommendation.
4) Descriptions of monitoring to be conducted to ensure implementation.
The submissions of audit reports for all grantees shall be as follows:
I) Mail original and one (I) copy of the completed audit report to:
U.S. DepartTnent of Justice
2) Mail one (1) copy of the completed audit report to:
Federal Audit Clearinghouse
Bureau of the Census
1201 E. 10th Street
Jeffersonville, IN 47132
3) Mail a copy of the Cover (transmittal) letter to:
Office o[ the Comptroller
Office of Justice Programs
Arm: Control Desk, 5th Floor - Audit Division
810 Seventh Street, NW
Washington, D.C. 20531
O.IP [OP..M/2 ,(KEV. 5-~?) PR.~..VIOUS EDITIONS ARE OBSOLETE
NOV I g ;S'37/
SHEET
[] COO?£ R.&TI\,'£ AGREE,~tFN'T
A WAPJD DATE 9/30/97
PAGE .3 OF 6
4 o
:i~ SPECIAL CONDITIONS
The recipient shall subn )ne copy of all repons and proposed publications resulting from this agreement twenty (20)
days prior to public r¢le~S~~ Any publications (written, visual, or sound), whether published at the recipicnt's or
government's expense, s~ll con.in the following statement: (NOTE: This excludes press releases, newsletters, and issue
analyses.) I
"This project was supposed by Grant ,No. 97LBVX4249 awarded by the Bureau of Justice Assistnnce, Offce of Justice
Programs, U.S. Depa~ent of Justice. Points of view in this document arc those of the author and do not necessarily
represent the official pc ion or policies of the U.S. Dep~nment of Justice."
The recipient agrees to vide information required for the national evaluation.
The recipient a~rees to ~ovide $3 ~,030 over the grant period in a cash match. The recipient is reminded that the
m~tch
funds are aud[table und~Special Condition -~2 and well be binding to the recipient.
The recipient a~ees to'bruit, at a minimum, semi-annual reports on its programmatic actw~ues. The first programm.'mc
repor~ will be due on $~n~uary 30, 199S, covering the period of October - December, 1997. The next repot1 wile be due on
July 31,199~ and cover the period of January - June, 1995. The next report should cover the next six month period ~nd is
due thirty (30) days afle~the end of the six month period for the term of the award. A final report on the programmatic
activities is due 120 da~[ following the end or,he grant period.
The recipient agrees to establish a trust fund in which ali payments received under this Program must be deposited. For the
purposes of this grant, a trust fund is an interest bearing account that is specifically designated for this Program. Only
allowable pro.~'am expenses can be paid from this account. This fund may not be used to pay debts incurred by ot~cr
activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to obligate
and expend the grant funds in thc trust fund (including match and interest earned) during the 24 month term of the award.
The recipient agrees to submit quarterly financial reports. The financial report is due 45 days after the end of each
calendar quarter. A final financial report is due 120 days following the end of the grant period.
11.
The recipient a~'ees to supplement and not supplant state or local funds.
The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 CFR section 42.302), that is approved by the Office for Civil Rights, is a violation of
its Certified Assurances and may result in funds from the award being frozen, until such time as the recipient is in
compliance.
The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and
support personnel, as described in the applicable purpose area of Subpart A section 101 (aX2), that the recipient unit of
local government will achieve a net gain in the number of law enforcement officers who perform nonadministrative public
safety sets, icc.
OJP FOP-,.,%D'2 (REV. 5-87) PRF. VIOUS EDITIONS ARE OBSOLETE
"' I )
NOV 1 I737
)ROIECT NUMBER 9'/LBVX-1249
AWARD CONTINUATION
SHEET
[] GP, AN'T
~ COOPERATIVE AGREE,'''t E 'x''T
AWAR.D DATE 9/30/9?
PAGE 4 OF 6
SPECIAL CONDITIONS.
12.
13.
The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and
support personnel, that the units of local government will establish procedures to give members of the Armed Forces v, ho,
on or after October l, 1990, were or are selected for involuntary separation (as described in section 1141 of Title 10,
United States Code), approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority,
provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D
of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law
enforcement officers or support personnel.
The recipient agrees if funds are used for enhancing securiD' or crime prevention, that the unit of local government --
(a) has an adequate process to assess the impact of any enhancement ora school security measure that is undertaken under
subparagraph (B) of section 10l(a)(2), or any crime prevention programs that are established under subparagraphs (C) and
(E) of section 10l(aX2), on the incidence of crime in the geographic area where the enhancement is undertaken or the
program is established;
(b) will conduct such an assessment with respect to each such enhancement or program; and
(c) will submit to the Bureau of Justice Assistance an annual wrinen assessment report.
The recipient agrees that prior to the obligation and expenditure of any Local Law Enforcement Block Grants (LLEBG)
funds, at least one (1) public hearing will be held regarding the proposed use(s) of the grant funds. The recipient will
provide notification to BJA, through the submission of the Follow-Up Information Form, on the contents of the heating.
BJA will review the form for compliance with enabling legislation and issue to the recipient a Grant Adjustment Notice
(GAN). Until the issuance of the GAN, the recipient may not obligate or expend LLEBG funds. At that hearing, persons
shall be given an opportunity to provide written and oral views to the recipient on the proposed use(s) of the grant funds.
The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation.
l:g.
OJP FOi~",'~2 (REV. S-g?) PREVIOUS EDITIONS AP.[ OBSOLETE
SHEET
PROJECT NUMBER 97LBVX.1249 AWARD DATE 900,'97
PAGE 5 OF 6
SPECIAL CONDITIONS
15.
The recipient agrees that prior to the obligation or expenditure of any Local Law Enforcement Block Grants (LLEBG)
funds, a designated or newly established advisory board will meet ~o discuss the proposed (purpose area) use of the grant
funds. The recipient will designate the advisory board to make nonbinding recommendations to the recipient for the use of
funds under the LLEBG Program. Membership on the advisory board must include a representative from the following.
however it may be broader:
a) the local police department or local sheriffs department;
b) the local prosecutor's office;
c) the local court system;
d) the local school system; and
e) a local nonprofit, educational, religious, or community group active in crime prevention or
drug use prevention or tTeatrnent.
The advisory board must review the proposed use of the funds under the LLEBG Program.
The recipient will provide notification to BJA, through the submission of the Follow-Up Information Form, on the advisor)'
board. BJA will review the form for compliance ~ith enabling legislation and issue to the recipient a Grant Adjustment
Notice (GAN). Until the issuance of the GAN, the recipient may not obligate or expend LLEBG funds.
I
16.
The recipient has certified it is in compliance with thc Public Safer)' Officers Health Benefits Provision (section 615 of
the FY 1997 Omnibus Appropriations Act) and agrees to remain in compliance during the term of the award. This
provision requires the unit of government which employs a public safety officer (as defined by section 1204 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968, as amended) who retires or is separated from service due to
injury suffered as a direct a.nd proximate result ora personal injury sustained in the line of duty while responding to an
emergency situation or a hot pursuit (as such terms are defined by state law) with the same or better level of health
insurance benefits as would be paid by the unit of government at the time of retirement or separaion, under a normal
retirement plan.
A,SS..%:DA IT~-U ~
NOV 1 8
OSP FORUM/2 (REV. 5-87) PKEVIOUS EDITIONS ARE OBSOLETE
CHeO: - .... l ..... . ..............
PROJECT NUMBER j 9?LBVX4249 I AWARD DATE
SPECIAL CONDITIONS
17.
By signing below, the recipient is requesting payment under the LLEBG Progrnm. In order to ensure prompl payment and
compliance with new U.S. Department of Treasury requirements that all grant payments be issued electronically, the
following information must be completed as part of the signed accepted award documents. Failure to supply this
inform,',tion will delay your payment.
Grantee Name: County of Collier
(e.g.. CiD' of, County. of, Parish of, etc.)
Vendor or EIN Number: 596000561
(Please use number provided in =IA on the award document)
Financial Institution Name: 1st National Bard~
900 Goodlette Road, North
Financial Institution Address: Naples, Florida 34102
Bank Contact Name and Phone Number:
Nine-digit Routing Transit Number:
Grantee Account Number:
(This account should fulfill the trust fund requirement)
By signing these Special Conditions, the recipient is accepting the conditions and agrees to comply with them during the
term of the award. The recipient is also requesting payment of the LLEBG funds.
Signature of Chief Executive Officer
Date
OSP FORM/2 (REV. 5-87} PREVIOUS EDITIONS ARE OBSOLETE
AGENDA IT,F~.'I\
NOV
U.S . DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
CI ,mi.,, ES
CHECK APPROPP-JATE BOX
GRANT MANAGER'S MEMORANDUM, PT. 1:
PROJECT SUMMARY
['~ GRA,"TT E] C~DOPERATIVE AGREEMENT
PROJECT NUMBER
97LB~,,'X4249
This project is supported under Title I or'thc Omnibus Crlmc Control and Safe Streets
Act, 42 USC 3701, as ~.'ncndcd.
T
his projcc! is supported under thc J'uvcnilc Justice ~nd Delinquency Prevention Act of 1974 ,as ~mcndcd
~-~ Other; Omnibus Appropriation Act of 1997.
I. STAFF CONrI'ACT b'Natnc, address & telephone number)
Grants Administration Brach
LLEBG Division, BJA
gl0 '/th Strict, NW, 4th Floor
W~shington. DC 2053 l
(202)305-2088
3a. TITLE OF THE PROGKA,M
Local Law Enforcement Block Grznts Progr~n
2. PROJECT DIRECTOR (Name.address & telephone number)
J~ncs Szndcrs
Captain
County of Collier
3301 Tatniami Trail Avenue
Naples, FL 34112
(94, I )793-9199
3b. POMS CODE
LE
4. TITLE OF PROJECT
Local Law Enforcement Block Grants Progr~'n - FY 1997
NAME & ADDILESS OF GRANTEE
County o/Collier
3301 T~miami Trail Avenue
Naples, FL 34112
6. NAME & ADDRESS OF SUBGR. ANTEE
7. PROGKA.M PEK[OD 8. BUDGET PEK[OD
FROM: 10/01/97 TO: 09/30,99 FROM: 10/01/97 TO: G9;30/99
9. AMOLYN'r OF AWARD 10. DATE OF AWARD
S279,267 09/30/97
I [. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT
N/A N/A
13. THIP,.D YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUD(SET AMOIJNT
N/A N/A
15. SUMMARY DESCK[FTION OF PROJECT
The Local Law Enforccmcnt Block Grimts Program was authorizcd by the Omnit)us Fiscal Year 1997 Appropdatlons Act, Public Law 104-20~ for the purpose of
providing unit:, of local government with funds to underwrite projects :o reduce crime and improvc public safc~. Thc Bureau or Justice Assislmce '*,'ill make direct
a,,,,atds to units of local government v, hcn a,.,,azd amounts ate at least $10.000 to be used consistent ~i~h the statutory program purpose atcas specified in section
10~(a) (2).
The County of Collier has indicated that it ;n~cnds to disuibute its Local Law Enforcement Block Grams funds under the follo~,ing purpose
(lc) Equipment $279,267
Ccrdfied compliance, pursuant to section 6IS, Public Safety Officers Hcai~ Benefits p:ovision.
NC/NCF
OJP FO~',,1 400'0/I (REV. 448) PR~.VIOUS EDITIONS ARE OBSOLETE
·
NOV I 8 i737 /
Office for Civil
Rights
September 30, 1997
Timothy Hancock
County Board Chairperson
County of Collier
Naples, FL 34112
Dear Local Law Enforcement Block Grantee:
Congratulations on your recent award. Because you have iubmitted Certified
Assurance that your agency is in compliance with applicable civil rights laws, this
office has determined that you have met this requirement in the Department of Justice
regulations governing recipients of Federal financial assistance (see 28 C.F.R. sec.
42.204, Applicants' obligations). As Director of the Office for Civil Rights (OCR),
Office of Justice Programs, I would like to offer you my assistance in completing the
conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes
forward.
As you know, equal opportunity for the participation of women and minority
individuals in employment and services provided under programs and activities
receiving Federal financial assistance is required by law. Therefore, if there has been a
federal or state court or administrative agency finding of discrimination against your
agency, please forward a copy of such order or consent decree, as required by
Assurance No. 14, to OCR at the U.S. Dcpa.rtment of Justice, Office of Justice
Progrmns, Office for Civil Rights, 810 7th Street, N.W., Washingzon, D.C. 2053 I.
NOV 1 8 i~:zJ7'
(I) If you have already submitted an EEOP as part of another awartrlmm~iSY~'g o-'T'"'~-
Justice Progrmns (OJP) during this grant period, or if you have certified that no EEOP
is required, it is not necessary for you to submit anohher at tl'fis time. Simply send a
copy of the lener you received from OCR showing that your EEOP or certification is
acceptable.
Additional Instructions For Grantees Receiving S500,000 Or More:
In accordance with Assurance No. 15, and as a recipient of $500,000 or more (or
S 1,000,000 in an 18-month period), and has 50 or more employees, the recipient must
submit an Equal Employment Opportunity Plan (EEOP) within 60 days from the date
of this letter to OCR at the address cited on page I.
Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of
sending its own comprehensive EEOP, and return it to OCR within 60 days of the date
of this letter. This easy-to-follow EEOP Short Form reduces paperwork and
preparation time considerably and will ensure a quicker OCR review and approval.
The enclosed Seven-Step Guide to the Design and Development of'an EEOP (which
includes a Certification Form and an EEOP Short Form) will assist you in completing
this requirement.
NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is
required; however, grantee must return applicable portion of Certification Form to
OCR ',v~thm 60 days.
PURSUANT TO THE SPECIAL CONDITION REGARDING EEOP'S
GOVERaN1NG THIS AWARD, RECIPIENT ACIGNOWLEDGES THAT FAILURE
TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED
ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF
FUNDS UNTIL EEOP I-LAS BEEN APPROVED BY THE OFFICE FOR CIVIL
RIGHTS.
Additional Instructions For Grantees Receiving $25,000 Or More, But Under
$500,000:
Pta-suant to Department of' Justice regulations, each grantee that receives $25,000 or
more and has 50 or more employees is required to maintain an Equal Employment
Opportunity Plan (EEOP) on file for revie2 by OCR upon request. Moreover, ifthe
grantee is awarded $1,000,000 in an eighte.n (18) month t~eriod, it must submit an
acceptable EEOP to OCR. Please complete the applicabl~ section of the attached
Certification Form and return it to OCR within 60 days ofthe date of this letter.
NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is
required; however, grantee must return applicable portion of Certification Form to
OCR within 60 days.
Additional Instrt.' tions For Grantees Receiving Under $25,000:
A recipient o£ under $25,000 is not required to maintain or submit an Equal
Employment Opportuni~ Plan (EEOP) in accordance with Assurance No. 15.
Instructions for All Grantees:
In addition, all recipients, regardless of their type, the monetary amount awarded, or
the number of employees in their workforce, are subject to the prohibitions against
discrimination in any funded program or activity. OCR may require all recipients,
tkrough selected compliance reviews, to submit data to ensure their services are
delivered in an equitable manner to all segments of the service population and their
employment (2) are in compliance with equal employment opportunity requirements.
If you have any questions or need additional assistance, please call the Office of Civil
Rights at (202) 307-0690.
Sincerely,
Inez AlforLzo-Lasso
Director, Office for Civil R/ghts
Enclosure
(2) The employment practices of'certain Indian Tribes are not covered by Title VII of
the Civil Rights Act of 1964, 42 U.S,C. ,.~.._........_
A..";£:
I{0¥ lo
3
EXECUTIVE
RECOM2~ENDATION TO APPROVE THE USE OF CONFISCATED TRUST FUNDS FOR A DRUG ABUSE
EDUCATION A_ND PREVENTION PROGRAM AND APPROVE THE FUlqD 602 BUDGET A/~ElqDMENT.
~ TO seek appropriation of $1,000.00 from the Confiscated Trust Fund
to support a drug abuse education and prevention program and approve the ~und
602 budget amendment.
~QN$IDERATIQNS'. 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 First
Impression B.A.A.D. (Battle Against Alcohol and Drugs) drug abuse education and
prevention program hosted by the Immokalee Ministerial Association. A series
of presentations at Immokalee High School assemblies and at the DRILL Academy
will cha].lenge young people to make the right choices in their daily lives. The
Sheriff's Office will contribute $1,000 towards the cost for this series of
important programs that are supported by donations.
FISCAL IMI~ACT:. $1,000.00 for these expenditures is available from Confiscated
Trust Fund Reserves (602-919010-991000). The amendment increases the budget in
Miscellaneous Expenses (602-611010-652990) by $1,000.00 and decreases the
contingency reserve balance by $1,000.00 (602-919010-991000).
GROWTH IMPACTt No recurring costs for subsequent years.
R__EC0M]~ENDATION: That the Board of County Commissioners approve the budget
amendment for the use of funds for a drug abuse education and prevention program
and approve the Fund 602 budget amendment.
~ERTIFICATION 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 drug abuse education and
prevention program and approve the Fund 602 budget amendment.
PREPARED BY: ~ ' '
Crystjl K. Kinzel.
Finance Dire~r'
APPROVED BY:
DATE:
/w~on H~er, Sheriff
O~er 29, 1997
AGENDA ITS:'~
,':.
NOV
EXECUTIVE SUMI4ARY
RECOM~ATION TO APPROVE A BUDGET AM~M~ FOR THE USE OF CONFISCATED
TRUST FUll'DS FOR THE SHERIFF'S OFFICE TO PURCHASE SPECIALIZED EQUIPM]~TT.
_OBJECTIVE: TO obtain approval from the Board for a $37,300 Confiscated
Trust Fund budget amendment from carryforward for the Sheriff's Office to
purchase specialized equipment.
~QNSIDERAT!ONS: The Sheriff's Office by virtue of Section 932.7055
4(c) (1) F.S.S., is seeking Board approval for the transfer of funds to
purchase law enforcement equipment. The County Commission approved
$80,000 in the Sheriff's F/Y 1997/98 Special Fund 602 for a SWAT Van and
related equipment. $37,300 in additional funds are needed to fully
support the cost of the vehicle.
FISCAL IMPACT; Additional carryforward is available from FY 97 in Fund
602 for this expenditure. The amendment increases the budget in Other
Equipment (602-611010-764110) by $37,300.00. A budget amendment is
needed to recognize additional carryforward and appropriate to capital
outlay.
GROWTH IMPACT: No recurring costs for subsequent years.
RECOMI~ATION~ That the Board of County Commissioners approve the
budget amendment for the use of funds for the procurement of specialized
equipment.
CERTIFICATION OF CONFISCATED TRUST FUND REQITEST
This request is a legitimate expenditure of Confiscated Trust Funds under
Section 932.7055 (4) (a) Florida Statutes to be used for technical
equipment.
PREPARED BY:
APPROVED BY:
DATE:
/~aptai~ C~ain, Special Operations Division
Oc~0ber 29, 1997
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE A BUDGET AMeNDMeNT FOR THE USE OF CONFISCATED TRUST
FUITDS FOR THE SHERIFF'S OFFICE TO PURCHASE SPECIALIZED EQUIP*~ENT.
OBJECTI__~' To obtain approval from the Board for a $35,800.00 Confiscated Trust
Fund budget amendment from carryfor%vard for the Sheriff's Office to purchase
specialized equipment.
C0N$IDERATIQNSt The Sheriff's Office by virtue of Section 932.7055 4(c) (1)
F.S is seeking Board approval for the transfer of funds to purchase law
enforcement equipment. A Global Positioning System (GPS) is needed by the
Sheriff's Office for surveillance operations. A GPS with five separate tracking
devices will be purchased for purposes of tracking known and suspected
criminals, baited vehicles, and other items that can be potentially stolen (i.e.
major appliances at construction sites). The GPS will also be used to
electronically add new roads to the Sheriff's Office mapping program. The GPS
system uses military satellites and works nationwide with the capability of
worldwide application. The outcome of using a GPS will be the apprehension of
more criminals committing crimes, a reduction in grand thefts, and a deterrence
in committing crimes in Collier County. The equipment being requested is cost
effective and will be a positive asset for law enforcement in Collier County.
FISCAL IM~ACT~ Additional revenue is available is' FY 98 in Fund 602 for
this expenditure. The amendment increases the budget in Other Equipment (602-
611010-764990) by $31,500.00 and Data Processing Equipment (602-611010-764900)
by $4,300.00. A budget amendment is needed to recognize additional revenue
and appropriate to capital outlay.
GROWTH IM!~ACT: No recurring costs for subsequent years.
RECOM~fENDATION: That the Board of County Commissioners approve the budget
amendment for the use of funds for the procurement of specialized equipment.
CERTIFICATION OF CONWIS~ATED TR~T FUND REQUES~
This request is a legitimate expenditure of Confiscated Trust Funds under
Section 932.7055 (4) (a) Florida Statute~ to be used for technical equipmena.
PREPARED BY:
APPROVED BY:
DATE:
~. Wilk Sa~_q~t,~-~iminal I~telligence Bureau
~ Sheriff
November 3 ~__1_~97
AGEI',;~A IT_.E;,%. ~(-,
NOV 1 8
~X~CUTiV~ SUMMARY
RECOM~ENDATIONTHAT THE BOARD OF COUNTY COM~ISSIONERS APPROVE THE USE OF
CONFISCATED TRUST FUNDS TO PROVIDE MATCHING FUNDS FOR A FEDERAL GRANT.
OBJECTIV~_[ To obtain approval from the Board for a $57,575 Confiscated
Trust Fund budget amendment from additional carryforward for the
Sheriff's Office to match funds for a federal grant.
CONSIDERATIQNS; The Sheriff's Office is seeking Board approval for the
transfer of funds to provide matching funds for a federal grant. On
September 30, 1997, the Sheriff's Office was awarded a U.S. Department
of Justice, Office of Justice Programs, National Institute of Justice
grant in the amount of $57,575 for the Collier County Sheriff's Office
Law Enforcement Family Support Initiative. The initiative will establish
a comprehensive education/training program in collaboration with Florida
Gulf Coast University in stress-reduction for law enforcement officers
and their families that will provide relevant information, methods and
services to reduce stress. Title XXI of the Violent Crime Control and
Law Enforcement Act of 1994 stipulates that each applicant for a Law
Enforcement Family Support grant must match all Federal funds with an
equal amount from other non-Federal sources. Pursuant to Section
932.7055 4 (c)(1) F.S.S., Confiscated Trl:st Funds can be used to provide
matching funds for federal grants. The Sheriff's Office is seeking Board
approval for the transfer of $57,575 from the Confiscated Trust Fund to
provide matching funds for the Law Enforcement Family Support Initiative
federal award.
FISCAL I~ACT: Additional revenue is available in FY 98 in ~%nd
602 for this expenditure. The amendment increased the budget in (602-
611010-512100) by $18,850, (602-611010-521100) by $1,475, (602-611010-
522100) by $4,025, (602-611010-515100) by $200, (602-611010-523150) by
$1,725, (602-611010-523160) by $75, (602-611010-524100) by $425, (602-
611010-631990) by $28,250, (602-611010-651110) by $500 and (602-611010-
764900) by $2,050. A budget amendment is needed to recognize additional
revenue and appropriate to personnel services, operating costs and
capital outlay.
GROWTH IFfPACT: No recurring costs for subsequent years.
RECOMMENDATION: That the Board of County Commissioners approve
the budget amendment fer the use of funds to provide matching funds for
a federal grant.
CERTIFICATION OF CONFISCATED TRUST F~D REQUEST
This request is a legitimate expenditure of Confiscated Trust Funds under
Section 932.7055 (4) (a) Florida Statutes to be used to provide matching
funds for a federal grant.
PREPARED BY:
APPROVED BY:
DATE:
D¢~, S'herif f
November 3, 1997
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE A BUDGET AMENDHENT RECOGNIZING FLORIDA
DEPARTMENT OF TRANSPORTATION GF~A~£ AWARD # J7-98-06-06-01 IN THE
AMOUNT OF $133,550.
OBJECTI'FE; TO seek Board approval of the budget amendment
recognizing Florida Department of Transportation grant award # J7-
98-06-06-01 of highway safety funds in the amount of $133,550.
CONSIDERATIONS: On October 7, 1997, the Collier County Board
of Commissioners agreed to be the coordinating unit of government
and agreed to the standard conditions, project plan, performance
measures, and the project budget detail for application for Florida
Department of Transportation Highway Safety funds for second year
funding for the Sheriff's Office DUI Project.
On October 27, 1997 the Sheriff's Office was awarded the Florida
Department of Transportation grant in the amount of $133,550. A
budget amendment is needed to recognize the grant award.
FISCAL IMPACT~ The grant award of $133,550 for the purpose of
providing fiscal year 1997/98 funding for four DUI positions is to
be matched by $50,780 that is already included in the 1997/98 Fund
115 budget.
GROWTH IMPACT: Continued funding potential for fiscal year
1998/99 is $66,775. Continued funding will be sought for
subsequent years. If continued funding is not received, the
program would be evaluated and included in subsequent years Collier
County Sheriff's Office budget requests based upon available budget
dollars.
RECO~LM]SNDAT I 0N:
budget amendment for the State of Florida, Department
Transportation Highway Safety Subgrant ~ J7-98-06-06-01.
c~Sta~ K i Kinzel, Finance D. iJector
f -.
/.-
- t/-\) iA -'
Don" Hunte~r_~ Sheriff
That the Collier Counzy Commission approve the
of
DATE:
November 3 1~
FLORIDA-==% - - DEPARTMENT OF TRANSPORTATION
Sccrctary
~-,~.~ o~. ~ '~----
-"~ "%-/"~ October 27, 1997
Mr. Timothy Hancock
Collier County Board of County Commissioners
3301 East Tamiami Trail, Building F
Government Complex
Naples, Florida 34112
Re~
Collier County D.U.I Enforcement Project
Project # J7--98-06-06-01
Contract # AP313
Dear Mr. Hancock:
Your application to the Florida Department of Transportation for highway safety funds has been
approved. \Ve are pleased to make this award in the amount of $133,550.00 to your agency for the
purpose of providing second ),ear funding for four DU1 positions. A copy of the approved project
a~reement with, the referenced project number and title is enclosed for your file. Ali correspondence
with the Department should always refer to the project number and title.
Your attention is directed to Part V of the subgrant entitled "Acceptance and Agreement". These
conditions should be reviewed carefully by those persons responsible for project administration to avoid
delays in project completion and cost reimbursements. The effective date of the agreement is October
16, 199'/and only those costs incurred on or after that date are eligible for reimbursement.
We look forward to working with you on this project. !fyou have any questions or need assistance,
please contact Mr. Roger Doherry at (904) 488-5455, who will be coordinating this activity.
Sincerely,
George E'. Rice, Jr.
State Safety Engineer
GER/md
Enclosures
cc: Don Hunter
Sheriff James Mitchell
Thomas Enright---
John Nicholson
Projcc~ Number:
J7-98-06-06-01
DOT Document Number:
AF313
'ant Period:
Federal Ftmds .-Mlocatcd:
5133,550
t Date Approved:
10-16-97
Subgrant (1) J7-97-13-08-01
HistorDu
(2)
(3}
Subgrant Application
.for
Highway Safety Funds
State of Florida
Department of Transportation
State Safety Office
Part I' GE.:,,T.P~CL :5-DAIlN-iST-R_.%TI'VE LN"FOR~'IATION
{5¢: ltuz-uzacm for }[~.~.~,~y S~;:r; Sub~.~nt /t. pphca:oru}
Proje::Ti:!e: c-'.'~=~ County D.U.!. Enforcement Project:
2. Type of Application:
3. Requested Subgr~n: Period:
4. Support
Sought: S133,550.00
1997
Match~g
Shoe: S50,780.00
) I~ti~ (X) Cont~uation
to September 30, !998
Total
Budget: S184,330.00
5. Applicmnt Agen.:y (Subgra.r'.t::):
Ca!!ier County Board cf Ca~issioners
3301 East Tamiar,~ Trail, Building F
Gover~r, ent Complex
Naples,r~cr.ca-~ ; ' 34112
6. Lmp!em:nting Agency:
Collier County Sheriff's Office
2301 East Tamiami Trail, Building j
Government Complex
Naples, Florida 34112
9. Chief Finmncia~ Offi::r:
James Plitche!l
330! East T&mi~.':: Trail
Courthouse Plaz= !ii/2
Naples, Flor/da 34112
Telephen:: 94!-774-6!79
10. PrQ:¢t Director:
Chief aackie Kline
2301 East T~mie~m~ Trail, Bui!~in~ j
Goverm~ent Complex
Naples, Florida 34112
T¢ltphon:: 94!-774-4-434
Catalog of Federal Dom-.sti:. Assistance Number - 20.600
11. Project Susr~nuO': Briefl)'descri~e ~e problem and the proposed solution.
The Collier County Sheriff's Office is seeking this sub~3rant to address D.U.i.
enforcemen~ in ~he county by ':~-~ - '
u.. ..... n.~ fo'~r (4) pos:ticns for D.U.i. re!ate~ prcb-
lem~. Three (3) Dep~:ties an~ one (!) Co,'cr...unity Service De. Duty are assicned to the
Tra. ffic Bureau and are supplemented b'~' %ha% Bureau in D.U.i.
~GE,%DA IT.,55;i ~
, ~/,. ~(._.(../",2 {
Part II: PROJECT PLAN AND SUPPORTIN. G DATA
State clearly and in detail the alms of the project, precisely what will be done, who will be involved, and what is
expected to result. Use the following major headings:
I.. Statement of the Problem
2. Proposed Solution
3. Objectives
4. Evaluation
5. Milestones (Use form provided)
Start below and use continuation page~ a.s necessary.
STATEM]~T OF 775'E PROBLEM:
The Collier County Sheriff's Office (CCSO) seeks to continue the
current D.U.I. grant obtained in 1996-97. The continuation of this
grant will allow the CCSO to maintain current increases in D.U.I.
arrests.
The additional Deputies obtained with this grant have mad~ 205
physical D.U.I. arrests, and issued 1,160 citations for other
traffic charges. Most of those citations were ~riminal charges -
suspended drivers licenses and willful, wanton and reckless
driving. The officers have been involved in six (6) sobriety
checkpoints this calendar year.
There were 371 alcohol-related crashes recorded in Collier County
during 1995. Records show that 14 fatalities resulted from these
alcohol-related crashes.
PROPOSED SOLUTION;
The additional manpower provided by this grant will provide greater
D.U.I. enforcement. The three (3) Deputies will patrol the
highways and roadways of Collier County focusing on impaired
drivers. The Collier County Sheriff's Office will also use media
to heighten awareness of D.U.I. problems. The Deputies assigned to
this program will make at least 100 D.U.I. arrests each in the
coming year. These three (3) D.U.I. Units have made 205 D.U.I.
arrests to date.
~,BJ'ECTIVES:
o
To increase D.U.I. arrests in 1997-98 with each Deputy
arresting at least 100.
To investigate D.U.I. related crashes -- forty-four (44) so far
in 1997.
Continued involvement in D.U.I. checkpoints as a part of
L.E.A.D.D.
4. Use media to heighten public awareness.
EVALUATION:
The Collier County Sheriff's Office will use information produced
by the CCSO Data Processing Center, citacion tracking, breathalyzer
results, D.U.I. arrests, crash reports, and D.U.I. checkpoints to
determine if the program objectives are being met.
The unit will focus on D.U.I. related incidents and arrests of
impaired drivers. Media will be used to promote the message of the
dangers of drivin~ while impaired.
The 205 D.U.I. Project arrests made in 1997 to date compares to 263
made by all other CCSO Deputies. The combined total D.U.I. arrests
made by the D.U.I. Project Deputies and all other Deputies ~$ 468.
X x X X X X
X
X
X
X
X
X
x x X x
X
x
X
x x x
x x x x
x X x
X x x
X x X x
X X x
x x x
Part III: PROJECT DETAIL BUDGET
Attach detailed narrative definin'z cost for each category. Refer to iastructio~. ~,
FEDERAL NON-FEDERAL
BUDGET CATEGORY TOTAL (402 t'und~ng) STATE LOCAL
A. sal:u-ics and
3 Deputies 5151,286 5111,380 0 $39,906
1 Ccn~nunity Service Deputy 33,044 22,170 0 10,£74
Sub-toia] $184,330 $133,550 0 $50,780
B. Other Personal Services
Sub-total 0 J 0 0 0
C. Expenses
Sub-total 0 0 0
D. (Dp:rating Capit?..l Outlay
Sub-total 0 0 I 0 ..Q
E. Data Processing Services
Sub-total 0 0 0 0
F. Ind[r:ct Coq
Sub-total 0 0 0 0 _
Total Cost of Project $184,330 $133,550 0 $50,780
5
Budget Narrative
The following is a narrative de.~cription of the project budget by line item by category, detailing the item and
anticipate, d cost. Each category must be sufficiently defined to show cost relatio~hip to project objectives. Attach
additional sheets a.s needed.
5133,550.00
Salaries and Benefits
Costs to be reimbursed by this cate~ocy include the base salaries and benefits for
three Deputies and oae Community Service Deputy. Overtime is not included. Benefits
include retirement, FICA, incentive pay, health and life insurance, and worker's
cc~pensation
Part IV: REPORTS
Quarterly Pro~ess Report Narrative for the
Project Title: Collier County D.U.I. Enforcement Project
Project Number:
Implementing Agency: Collier County Sheriff's Office
Project Director: Chief Jackie Kline
Briefly d~cribe the subgrm~t activities that took place during the quarter. Ar~ach additional sheem if nec~ssar'y.
The Q. uanerly Progress Report of Pe~orrea:nce IMitators should be sent to the DOT Safety Office along with t~%is
narrative at the end of each quarter.
7
8
Final Narrative Report
Project Title: Collie%' County D.U.I. Enforcement Proiec~
Project Number: j7-98-06-06-01
Isnplementi. ng Agency:
Project Dh'ector:
Co!!i~r Ccunt? Sheriff's Office
q-ne following is a chronological nxrrative history of tI".e above listed project in accordance with Parr, I~? Acceptance
arm Asreemerx, Condirion~ of Agreement, 1. Reports. It is and accurate accounting of the project peffc.,.'m..u.".ce and
ascomplis,h, ments. (At'tach addition, al she:ts as needed,)
9
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
STATE SAFETY OFFICE
Part V: ACCEPTANCE kND AGREEMENT
Conditions of A~eemeat. Upon approval of this subgrant, the approved application and the folio,x'ing t:.,-ns a.~"-
N '
conditions shall become binding, oncompltance may result in loss of, or delays in cost reimbursement.
Reports. The subgrantee shall submit Quarterly Progress Reports (See Instructions for Submitting Quarterly
Progress Repons) including Performance Indicators a.,qd a Narrative Statement detailing project sta~, to the
State Safety. Office by January 31, April 30, July 31. and October 31 covering the subgrant activity for the
previous quarter. The subgrantee shall submit a Final Narran've Report, giving a full chronological histor:, of
the subgrant, problems encountered, and major accompliskments in addition to specifically addressing t,he
subgr~t objectives and performance indicators and the current and future pla."med activities of the l::rogr~a'n
within .30 days aAer the termination of the project ax well a~ other repo~s in a form as may be prescribed ~"ld
may be reasonably required by the Department. A final financial request for reimbursement must be
submitted to the Department within 30 days of uhe sub,rant termination period. Such request must be
distinctly identified ax Final. Failure to comply will b~ grounds for forfeiture of reimbursement.
ResponsibiliD, of Subgrantee. The subgr~tee must establish fiscal control and fund accounting procedures
wNch assure proper disbursement and accounting of subgrant funds and required non-federal expenditures.
All monies spent on this project will be disbursed ir accordance with provisions of the project budget as said
budget w~ approved by the Department. All expenditures and cost accounting of funds shall corfform to 49
CFR 18, Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local
Governments (Revised A-I02) and A-87, or OMB Circulars A-110 and A-21, in the entirety. All funds not
spent in accordance wit,h this agreement will be subject to repayment by the subgrantee.
Compliance with Section 257.055, Florida Statutes. The subgrantee, when applicable, agrees to satis~' all
requirements provided in Section 257.055, Florida Statutes, known as the Consultant's Competin've
Negotian'on Act.
Approval of Consultant Agreements. The Depam-nent of Transportation shall review and approve in writing
all consult~t agreements prior to the actual employment of the cop, suiting firm. Approval of the sub,ant
,%,'tee. merit does not co~titute approval of a consultant a~eeraent.
Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance
with the general principles of allowability a. nd standards for selected cost items set forth in National Highway
Traffic Safety Adrrdnistration Order 462-13A, Principles for Determining Costs Applicable to Grants and
Contracts with State and Local Governments, Office of Management and Budget Circular No. A-87, Cost
PHnciples Applicable to Grants and Contracts with Stale and Local Government~, Office of Management and
Budget Circular No. A-21, Cost PHncipL, sfor Educational Institutions or OMB Circular A-122, C~ost
Principles for Non-Profit O,~ganization. All procedures employed in ~e use of Federal fund:; for the
procurement of services, supplies, or equipme:~t, must be in accorda, n. ce with Section 18.32 {'Procurement) of
49 CFR 18 (Revised ^-102), or Attackment O of OMB Circular No. A-1 I0 and Florida la,.,.' to be eligible for
reimbursement.
Travel. All travel for out of state or out-of-grant-specified work area sh.-dl require written approvatl of
the Depa.r-tmeat prior to commencement of actual travel. Travel costs for approved travel will be
rek,'nbursed in accord:re, ce with regulations applicable to the subgramee, but not in excess of provisions in
Section 112.061, FIoHda Statutes.
10
/
I'iOV 1 8 2{37 -
Written Approval of Change~. Subgrantees must obtain prior written approval.from the Depanme.",t for
changes. For example:
(a) Changes in project activkies, desigrm, or research plarts set forth in the approved application.
Co) Changes in budget items and amounts set forth in the approved application.
ReLmbm-sement Obligation. The State of Florida's performance and obligation to reimburse subgrantees will
be subject to the availability to the availability of Federal Highway Safety funds and an annual appropriation
by the Legis!aturc. As approved in 49 CFR, Part 29, subgrantees shall not be reLmbursed for the cost of
goods or semites received from contractors, vendors, or individuals suspended or debarred form doing
business with the Federal government.
Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the
subgrant award, subgrantees will report by letter the steps taken to irfitiate the project, the reasons for delay.
and the expected starting date. If, after 60 days from the acceptance of the award, project activity as
described herein has not begun, a further statement of implementation delay will be submitted by the
subgrantee to the Depacwnent of Transportation. Upon receipt of the 60-day letter, the Department may
cancel the project and reobligate the funds to other program areas. The Depa,mment, where warranted by
excusable delay, may extend the implementation date of the project p~t the 60 day period, b_ut o. nly. by formal
wrkten amendment to the agreement.
I0.
Excusable Delays.
(a) Except with respect to the defaults of consultants, the subgrantee shall not be in default by rea_son of any
failure in performance of this agreement in accordance with its terms if such failure arises out of causes
beyond the control and without the fault of negligence of the subgrantee. Such causes may include, but are
not restricted to, acts of God or of the public enemy, acts of the Gove,~ent in either its sovereign or
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusuall
severe weather, but in ever ca~e the failure to perform must be beyond ',.he control and without the fault or
negligence of the subgrantee. If the failure to perform is cau.sed by the fui!ure of a co,'~ulta.nt to perf. orm or
make progress, and if such failure arises out o; causes beyond the control of the subgrantee and consultant.
and without the fault or negligence of either of them, the subgramee shall not be deemed to be in default.
uNess (1) the supplies or services to be furrdshed by the cor,..sultant were obtainable from other sources, (2)
the State SafeD' Office shall have ordered O:e subgrantee in writing to procure such supplies or services from
other sources, mud (3) the subg:'antee shall have failed to comply rea.~,onably with such order.
Co) Upon request of the subgrantee, the State Safety Office, shall ~certain the facts and extent of such failure
and. if it shall be d:term, ined that ,-ny failure to perform was occasioned by any one or more of the said
causes, the delivery schedule shall be revised accordingly.
ii.
Obligation of Subgrant Funds. Subgrant funds may not under any circumstances be obligated prior to the
effective date or subsequent to the terwfination date of the subgrant period. Only project costi incurred on or
aker the effective date and on or prior to the termination date of' the subgrant application are eligible for
reimbursement. A cost is incurred when subgrantee's employee or consultant performs the service required,
or when goods are received by the subgrantee, not-withstanding the date of order.
12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the
subgrantee, the subgrantee's co~ultant(s) and supplier(s), or both, the Depaament of Transportation shall
impose such sanctions a.s it deems appropriate. Such sanctions include witkholding of payments, cancellation,
ten-n, ination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify
the subgrantee of such decision 30 days in advance of the effective date of such sanctig,a.__The~su.b.grantee~
shall be paid or'dy for those services satisfactorily performed prior to the. effective datl of~ru..of st~P,,li:~'n3"~~l~4;~(~)_
!
17.
13. Access to Records. The Depaament, N'HTSA, FHWA, and the Auditor Gener~ of the State of Florida. or
any of their duly authorized representatives, shall have access for the purpose of audit and examinaiion of
books, documents, papers, and records of the subgrantee, and to relevant books and records of subgrantees
and contractors, as provided under Section 402(1) of the Highway Safev Act of 1966, Public Law 89-564. as
amended. The Department shall unilaterally cancel this subgrant if the subgrantee refuses to allow public
access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and
made received by the subgrantee in conjunction with the subgrant.
,4. Audit. Accep~":ce of this agreement corn:itu:es subgrantee assure, nco that all provisions of OMB Circular
NO. A-128, Audits of State and Local Governments, OMB Circular A-133, Audits of Institutions of Higher
Eduction and other Nonprofit Organi:.ations, or OblB Circular No. A-110, Attack"neat F,' will be met as
they pertain to audit requirements. In addition, the Federal Highway Safety. subgra.nt funds are to l::.e clearly
identified in the audit report. As a minimum, a schedule comparing budgeted :a:d ac,mat subgrant cost is
required. Failure to furnish an acceptable audit as detenrfined by the State or cognizant Federal audit '2
ma',' be a basis for denial a.qd refund, or both, of Federal funds. F .... al funds d..e,,-'mm~d to be mis:pent
,.'~,- other resolution regardless of disclosure in the audit report.
:ul~je:: to r ..... d or
I5. Procedures for Reimbursement. All request for reimbursement of subgrant costs must be submitted on
form~ provided by the Depanment (DOT 500-065-04 thru 07, which are hereby incorporated by reference
under role 14-98.C,03). Appropriate documentation supportive of the repot'red costs must accompany, each
claim. Requests should be submitted on a regular basis ~ costs are incurred. All requests fo'r r.ebmbursement
for Opera:ion Capital Outlay items having a unit cost of S5,000 or more and a useful life of one .,,'ear or more
mus~ be accompanied by a complete inventory listing for those items. Payment of the claim will not be made
before receipt of the ap¢licabte inventory listing (Non.Expendable Pro£en)' Accountabilio' Record, DOT 500-
065-09, which is hereby incorporated by reference).
Retention of Records. All records and financial documents must be maintained for minimum period of three
years for the date of the final financial statement and be available for audit and public disclosure upon request
of duly authorized persons.
O-~naerskip of Data :md Creative Material. The ownership of material, discoveries, inventions and results
developed, produced, or discovered by the agre'.:ment are governed by the ten.'ru of Section 18.34 (Copyright)
of 49 CFR 18 (Revised A-I02) or O,",,FB Circular ,*-110, Attachment N, Paragraph 8, hereby incorporated by
reference.
18. Prope~y AccountabiLity. The subgrantee shall establish a. nd administer a system to control, protect.
prese.,we, use. and maintain and dispose of any property furnished it by the Department, or purchased pursuant
to this agreement in accordance with Federal ProperTy Management Standards as set fo~h in Section 18.52
(Equipment) of 49 CFR 18 (Revised A-102) or OMB Circular A-110, A:tachrr:ent N. This obligation
continues as long as the property is retained by the subgrantee, no:withstanding the expiration of this
agreement.
tg. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the
Department in writing and shall be distributed to parties concerned. A written appeal may be made within .30
calendar days to :he Governor's ltighwa7 Safety Representative at the Florida Department of Tra~potxation.
605 Suwarmee Street, M.5.-57, Taltaha.ssee, Florida 32399-0450, whose decision is final. The subgrantee
shall proceed diligently with the performance of the agreement and in accordance with Depaament decision.
20. Conferences, Irnspection or' Work. Conferences may be held at the request of any party to this agreement.
Representatives of the Florida Department of Transportation or the U.S. Department of Tran.sponation, or
both, shall be privileged to visit the site for the purpose of i~pection and assessment of work being performed
at any time.
:;'.-.:'.o,\ x, ,
'-
PubHc~fioD ~d P~intL~ of Reports. ~
e
(a) Before publication or printing, the final draft of any report or reports required under the agreement or
penai:'fing to the agreement shall be submitted to the State Safe,"y Office for review and concurrence.
(b) Each Fub!ication or other printed report covered by Paragraph 2I.a. above must include the following
statement on the cover page:
(1) T'ais report was prepared for the State Safety Office, Department of Tra. naportation, State of Florida
in cooperation with the National Highway Traffic Safety Administration, U.S. Department of
Tra."~portation and/or Federal Highway Administration, U.S. Department of Transportation.
(2) 7"ne conclusions and opirdorts expressed in these reports are those of the subgrantee and do not
necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the
U.S. Depa.,?ment of Transportation or any other agency of the State or Federal Gove~,-'nment.
22.
Eqtm. l Employment Opportmait'::'. No person shall, on the grounds of race, creed, color, or national origin.
be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under
subgrants awarded pursuant to P.L. 89-564, or any project, program, activity., or subgrant supported by such
requirements of Title VI of the Civil Rights .&ct of 1964, and all applicable requirement pursuant to the
re~latiorts of the Department of Commerce, Title 15, Code of Federal Regulations, Part 8, which have been
adopted by the U.S. Depar'wnent of Transportation. -
23.
RespousibiliD' for Claims and Liability. Subject to the limitatiova of Section 768.28, Florida Stat'ut:s, thc
subgrantee shall be required to defend, hold harmless and indemnify the State of Florida, the Department of
Transportation, the National Highway Traffic Safety Administration. the Federal Highway Ad.ministration. and
the U.S. Depa,"'z'nent of Transportation, from ail clairns and liability, or both, due to the negligent acts of
subgrantee, subcontractor(s), consultant(s), or subgrantee's agents or employee(s). The subgrantee shall be
liable for any loss of, or injury to, any material developed or serviced under this subgrant agreement which is~
caused by the subgrantee's failure to exercise such care in.regard to said material ax a reasonable careful
owner of similac materials would exercise.
DLsadvantaged Business Enterprises. The subgrantee agrees to include the following statement in all
agreements, and in all contracts which are finny, ced in whole or in part with Federal fundx provided under this
agreement with thc subgrantee:
(a) Required DBE Contract Clauses:
(2)
PoLicy. It is the policy of the U.S. Department of Transportation that disadvv, ntaged business
enterprises ax defined in 49 CFR Pan 23 shall have the rnaxL,'num opportunity to participate ir. the
performance of contracts on subcontracts financed in whole or in part with Federal funds provided
under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this
agreement.
DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business
enterprises ~ defined in 4.9 CFR Pan 23 have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in ,,,.'hole or in pan with Federal fun~ provided
under this agreement. In this regard, all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantage business enterprises
have the maximum opportunity to compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color, national origin, or sex in the award
and performance of U.S. DOT-assisted contracts.
13
25,
/
Restrictions on Lobb)ing.
The recipient agrees to comply with Section 319 of Public Law I01-121 ax provided for in the
Governmentwide Gufdance For New Restrictions on Lobbyfng; Interim Final Guidance published in the
December 20, 1989. Federal Register.
Each person shall file the most current edition of this certification and disclosure form. if applicable, with
each submission that initiates agency consideration of such person for an award of a Federal contract, grant,
or cooperative agreement of 5100,00 or more; or Federal loan of SIS0,000 or more.
T'nis certification is a material representation of fact upon which reliance wa.s placed when this tr:,asac:ion was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
tramaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require:t
ce:tification shall be subject to a civil penalty of not less :hah SI0,000 and not more than S100,000 for each
such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a)
No Federal appropriated funds have been paid or will be paid to a.qy person for influencing or
anempting to influence an officer or employee of any Federal agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection frith the
awarding of any Federal contract, the making of any Federal grant, the making of any 'Federal loan,
the entering into of any renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
If any non-federal funds have been paid or will be paid to any person for influencing or attempting
to influence an officer of employee of any Federal agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with this Federal
contract, grant, loan, cr cooperative agreement, the undersigned shall complete and submit Federal
Standard Form gLLL, Disclosure of Lobbying Activities, in accordance with its instructions.
(c)
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers and that all subrecipients shall certify a.nd disclose
accordingly.
(d) No funds granted hereunder shall be used for the purpose of lobbying the legislature or state
agencies. Section 216.347. Florida Statutes.
26.
How A~eement is Affected by Provisions Being Held Inv',did. If any provision of this Agreement is held
invalid, the remainder of this Agreement shale not be affected. In such an instance the remainder would then
continue to cord'orm to the terms and requirements of applicable law.
27. Federal Requirement for Public Sec'ice Announcements. All public service announcements produced with
Federal Highway Safety funds must be closed captioned for the hearing i. mpaired.
28.
OfficiaLs Names on Printed blaterials and Promotional Items. The v. ame of the Implementing Agency and
the Agency's logo can be used on printed materials and promotional items. The names of individuals
connected with the 5ubgrant Agency and the Implementing Agency shall not appear on printed materials and
promotional items paid for with Federal Highway Safety funds.
14
IEI/
29.
30.
Term of Agre~:ment. All subgrant agreements shall begin on the date of the Imst pa~,y to sign and shall end
on September 30, following.
Buy tLmevica Act. The subgrantee and its contractors ,,,,'ill comply with the provisions of the Buy America
Act. The U.S. DOT reference to the Buy America Act is 23 U.S.C. 10i Note and the Federal
govc,,-nmentwide reference is 23 U.S.C. 10a.
31. Special Conditions.
A) The head of any law enforcement agency receiving first year funding for a new position(s) through this
agreement shzll notify the State Safety Office that a new position(s) has been created in the agency ~ a result
of the subgrant being awarded.
B) Any portable breath test devices (PBTs) purchased under this subgrant will be used solely for enforcement
of sec:ion .~ .... 616 F.S., until such time as the Florida Legislature am:ntis the Florida Sta;utes to zllov,, the
devices to be used during enforcement of section 316.193, F.S.
C) The subgran:ee agency shall hold harmless and indemnify the State of Florida. the Department of
Tr~spoccation, the National Highway Traffic Safety Administration, the Federal Highway Administration, and
the U.S. Department of Transportation, from all claims and liability, or both. due to the termination of
employment of any individual whose position was funded, in whole or part, through this agreement and wi,ich
is dissolved when the agreement expires. -
D) Appropriate documentation must accompany all claims for reimbursement.
E) Claims for reimbursement will be returned unpaid if the required quarterly progress reports are past due.
15
lProject Number: J7-98-06-06-01
IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions
set forth in Pan V of this Agreement, that each have read and understand the Agreement in its
entirety. Now, therefore, in consideration of the mutual covenants, promises and representations
herein have executed this Agreement by their undersigned officials on the day, month, and year
set out below.
STATE OF FLORIDA
DEPARTSrENT OF TRANSPORTATION
By:
Title: State Saf.~y Engineer
l~AtteSt:
FEDERAL FUn'DS .2LLLOCATED
S133,550
Approved aa to form, legality for the Department of
Transportation by:
SUB GRAaNTEE
Collier Countv Board of Ccmmissicners
~.._~bme of Applicant Agency Typed
· ~ .
/ Signara/ofg(uthorfred Representative
Timothy L. Hancock
Authorized Representative's Name Typed
Title: Chairman
Date: - -
· ~' r Signature of BSfn&s -..' '
Deputy Clerk"
AGENCY
Hunter
Adminisrrator'~ Name Typed
Title: Sheriff
NOTE: No whiteout or' eraaures accepted on this signature pa~_
I A:"-' :'.A '~'"::',
16
September 22, 1997
Collier County Govt. Complex Bldg. - J
3301 Tamiami Trail East, Naples, FL 34112
Telephone (AC 941) 774-4434
Florida Department of Transportation
State Safety Office
605 Suwannee Street MS-17
Tallahassee, Florida 32399-0450
Attn: Hr. Ro~er Doherty
D.U.I. Prosram Coordinator
Re:
1998 D.U.I. Enforcement Project
Signatory Authority
Dear Mr. Doherty:
Pursuant to the referenced Grant, Chief Jackie
permission to have signatory authority on any grant
Kline has my
documents.
Chief .~ack~e Kline '
Please contact/~/Joyce Houran, Grant Coordinator,
you need additional information.
at.91-793-9346 if
cc: Chief Kline
jh/a:duSsa
17
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE THE AI-FACHED BUDGET AMENDMENT VVHICH INCREASES THE EXPENSE AND
REVENUE BUDGET FOR THE OBSTRUCTION REMOVAL PROJECT AT THE IMMOKALEE REGIONAL AIRPORT AND
REDUCES RESERVES FOR CONTINGENCY FOR THE ADDITIONAL FUNDS NEEDED TO PROPERLY MATCH THE
FLORIDA DEPARTMENT OF TRANSPORTATION'S GRANT.
OBJECTIVE: To increase the budget for the obstruction removal project at the Immokalee Regional Airport so
that it reflects the total project expense net of prior year expenses, the total grant revenue to be received from the
Florida Department of Transportation (FDOT) net of prior year reimbursements, the total loan proceeds to be
borrowed net of prior tax-exempt commercial paper draws. To decrease reserves for contingencies for the
additional funds needed to match FDOT's grant and to increase reserve for debt service to reflect the total amount
of grant reimbursements that are pledged to repay funds borrowed to cash flow project expenses.
CONSIDERATION: Last fiscal year the Collier County Airport Authority secured a grant from FDOT for the
purpose of obstruction removal at the Immokalee Regional Airport. The project was estimated to cost $150,000 of
which $120,000 was to be paid by FDOT. In fiscal year 1997 only the design portion of the project was budgeted.
Project costs of $33,900 were appropriated of which $20,000 was funded by the grant, $13,900 was funded by the
Authority. The design phase has now been completed. In order to continue with the construction phase of this
project, the balance of the estimated project cost needs to be budgeted. This requires an increase in appropriations
of $116,100 of which $100,000 will be funded by the grant (total grant funding is $120,000) and $16,100 will be
funded by reserves (total match funding is $30,000). Since the grant proceeds are received on a reimbursement
basis, the Authority will need to borrow funds to cash flow the project. Therefore, the budget amendment wilt also
increase loan proceeds and reserves for debt service by $100,000.
The grantor agencies (FDOT and FAA) have requested that this safety related issue be taken care of before the
Airport Authority requests any additional funds from them.
GROVV'TH MANAGEMENT: None.
FISCAL IMPACT: No additional funds are needed from the County. The budget amendment will increase the
project's expense budget by $116,100, increase the grant revenue budget by $100,000, increase loan proceeds by
$100,000, decrease reserves for contingencies by $16,100 and increase reserve for debt semice by $100,000 in
Fund 496, the Airport Authority Capital Fund.
RECOMMENDATION: That the Board of County Commissioners approve the attached budget amendment
which will increase and decrease the following accounts:
Improvements General
Reserve for Debt Service
Reserve for Contingencies
FDOT Reimbursement
Loan Proceeds
(496-192340-763100-33322)
(496-919010-992000-33322)
(496-919010-991000-00000)
(496.192340-334492-33322)
(496.192340~84100-33322)
116,100.00
100,000.00
(16,100.00)
100,000,00
100,000.00
Prepared By:
~1 Reviewed By: ~',,:," "'~ ate:
/
· ' , ,-'- ..... · Date:
AGENDA ITEM
No.
NOV 1997
pg.
SUMMARY OF OBSTRUCTION REMOVAL PROJECT AT THE IMMOKALEE REGIONAL AIRPORT
Grant revenue
Loan proceeds
Genera[ fund match
Can~forward general
Project expenses
Reserve for debt
Reserve for contingency
1998 1998
Project 1997 Unappropriated 1997 Budget Amended
Budget Bud~]et ~e.t Actu a..____Jl _Carryforward_ Budget.
120,000.00 20,000.00 100,000.00 19,580.34 419.66 100,419.66
120,000.00 20,000.00 100,000.00 20,000.00 - 100,000.00
4,000.00 4,000.00 4,000.00 '
4,000.00 4,000.00. . 29,004.92 29,004.92
248,000.00 48,000.00 200,000.00 43,580.34 29,424.58 229,424.58
150,000.00 33,900.00 116,100.00 24,475.42 9,424.58 125,524.58
120,000.00 20,000.00 100,000.00 - 20,000.00 120,000.00
(26,000.00) (9,900.00) (16,100.00) - (16,100.00)
244,000.00 44,000.00 200,000.00 24,475.42 29,424.58 229,424.58
AGENDA
No._ lt~
NOV 18 1997
BUDGET AMENDMENT REQUEST
For Budget/Finance use only
Ball
Jet/
Barn
A.P.H. Date
To BCC Yes No
Date Prepared ~CI& .~ ;"'1
FundTiUe ~il ~';t , hqi'r,' :' ~''(
Fund No. ~q~
EXPENSE BUDGET DETAIL
Cost Center Title 'lCr~,'li¢~-o.i¢~ t't;, ,:., ! .r'-t.'-.;.! r.
'.'.-"-' Ct,,:.~' .'.'.' F-,: ',.vD./
Project Title IfC ,',' .r .,-,~x,z, , ~ :" ':"
Expenditure
_Obiect Cod.e. Expenditure Tide
-1~,3~').~ I,.A,',( .~.:.,,,-, ,:, t",
Cost Center Number
Project Number
Increase Current Revised
(Decrease.) B ud_..qg_g~ Budqet
II~,, lDO-:'u q,./~,.-'.3 ,-~S.%~.h'.$~
Total
REVENUE BUDGET DETAIL
Cost Center Title ~¢,',l'~'.r"~ ''~' [\il'p::~ ".
Project Title ~¢~x¢,~,r.~ a..\~.C O'cSA(._,/'~ ~' ;' ~'~;; '-";' I
Revenue
0 b..Q_b_~c_ t__~C, od.__~e Revenue Title
Cost Center Number I , '"'-..~'
Project Number
Increase Current Revised
fOecreas.e] Budqet Bud~
l !o, r?',)O.:'~'U,'q bg
AGENDA ITEM
No. .
NOV 18 1997
Pcj.
BUDGET AMENDMENT REQUEST
For BudgeVFinance use only
Ba#
Je#
Bar#
A.P.H. Date
To BCC Yes No
Date Prepared
Fund Title
Fund No.
EXPENSE BUDGET DETAIL
Cost Center Title
Project Title
Cost Center Number
Proiect Number
Expenditure
Object Code
flq~ 000 .
Exoenditure Tille
Increase Current Revised
(Decrease) Bud.qe! Budqet
~ I~. ~,c~'.:' -ql. :'" ":'~-', '"
Total
REVENUE BUDGET DETAIL
Cost Center Title
Project Title
Revenue
Object Code
Revenue Title
Cost Center Number
Project Number
Increase Current Revised
[Decrease) Budge! B._ud.qet
Total
AGENDA ~TEM
.o.
NOV 1~) 1997
Pg..,, dr
BUDGET AI'AENDMENT REQUEST
For Budget/Finance use only
Be#
Jo#
Bar#
A.P.tt. Date
To BCC Yes No
Date Prepared I :,' / 3'~ .' "1 ']
FundTiUe I\'..., I I"',J'
..f
EXPENSE BUDGET DETAIL
Cost Center Title ¢~ ~:~ :~' _
Project Title I ~'., '" .' ~ ' '
Cost Center Number
Project Number
Expenditure
O.._biect Code Expenditure Title
Increase Current Revised
('Decrease) Budge! Budqet
: .... ",..L · · -
)~ ',. :,::'.(',: ~,.:' :,.'".' I b ' · ..... '
Total
REVENUE BUDGET DETAIL
Revenue
Obiect Code
~t ?~ ~rl oo
Revenue Title
L oar, T,~c'~: c ,?-! '
Cost Center Number I '] ~,~ ~ L"
Project Number -~ '~, '-'. '% ;.;
Increase Current Revised
~.Decrease), Bud.qet Budget
,',/? ~,: .' / ~',.-. · ~. ' i ' "."':'~:). :: ¢)
Total
AGENDA ITEH
No. 1~(~") ,
N0V 1~ 1997
Pgo ,~
EXPLANATION
WHERE ARE FUNDS AVAILABLE?
Prepared By
Department Director
Division Director
Budget Department
Finance Department
Clerk of Board Admin
Date
i I
-a~enoa, iTEm
NOV I 8' 1997
Pg.
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE THE A~%ACHED BUDGET AMENDMENT WHICH WiLL CREATE A
BUDGET FOR THE CONTAMINATED SOIL REMOVAL PROJECT AT THE MARCO ISLAND EXECUTIVE
AIRPORT.
OBJECTIVE: To create a budget for the scrub jay implementation project at the Marco Island Executive
Airport.
CONSIDERATION: A large area of soil at the Marco Island Executive Airport was contaminated by the
airport's old fuel farm when the airport was owned by the Deltona Corporation. The County inherited this
pre-existing contaminated soil problem when they took ownership of the Marco Island Executive Airport.
Since responsibility for cleaning up the polluted area was transferred to the County, the Authodty's staff has
worked diligently lo secure a grant to help defray the costs of the clean up efforts. FDOT has awarded an
,$88,000 reimbursement grant to the Authority for removing the contaminated soil. The grant requires a
$22,000 match by the Authority. Instead of requesting a cash match from the County's general fund, the
Authority worked with the County's Pollution Control Department to develop a scope of work acceptable by
the FDOT as an in-kind services match.
Removal of the contaminated soil has become an issue with the granting agencies (FDOT and FA,A). This
environmental issue must be resolved as a pre-requisite for receiving future funding from these agencies.
Since this project will not require the commitment of any Board of County Commissioner's funds, the Airport
Authority seeks permission to move forward with the project through ratification of the attached budget
amendment and approval to borrow funds to cash flow the project expenses until reimbursement by FDOT
is received.
GROW'I'H MANAGEMENT: None.
FISCAL IMPACT: No additional funds are needed from the County. The budget amendment will create a
project budget in Fund 496, the Airport Authodty's capital project fund. The budget amendment will increase
loan proceeds and grant revenue by $88,000 respectively and in-kind service revenue by $22,000. The
budget amendment will also create a capital expense budget in the amount of $110,000 and a reserve for
debt service in the amount of $88,000 to recognize the fact that grant proceeds will be pledged for
repayment of the loan.
RECOMMENDATION: That the Board of County Commissioners approve the attached budget amendment
which will increase the following accounts:
88,0OO
88,000
22,0OO
110,0OO
88,000
Date:
AGENDA,
No.
NOV 1 8
pg. I
BUDGET AMENDMENT REQUEST
For Budget/Finance use only
Ba#
Je#
Ba~
A.P.H. Date
To BCC Yes No
Oate Prepared
Fund Title
Fund No. q q b
EXPENSE BUDGET DETAIL
Cost Center TiUe r~a.( ~ 0 ~;( o(;,( .~
ProjectTit[e L,JI~I~ 'M 1%~,.'' ,
Expenditure
Obiect Code
Expenditure Title
Cost Center Number I ~ D~H I
?.(r;~}3[Project Number ~ ~ .5'5"
Increase Current
~'Decrease) 8udge~
)~o, o02 - ~-
Revised
Bud,qet
Total ) I O. ~ 00 - o - I I 0. 0': O
ProjectTitie t,..bP'~ ~ I~'J'~b$
Revenue
Obiect Code
Revenue Title
REVENUE BUDGET DETAIL
%
~ccrr~rr.,it' :H
Cost Center Number
~o~'i i;,~,'r ..... IProject Number
Increase
['Decrease.~
Current Revised
Budget Budqet
-o- ~,.q.
Total
_ o- ~O. 000
· AGENDA ITEe',
NO .~
NOV I ~ i~97
BUDGET AMENDMENT REQUEST
For Budget/Finance use only
Ba#
Je#
Bar'8
A.P.H. Date
To BCC Yes No
Date Prepared
Fund Title
Fund No.
EXPENSE BUDGET DETAIL
Cost Center TiUe ~.~. c,~.{ ,ji. :) Cost Center Number
'~ .... P.I Project Number
Project Title t~ ~' ~ ~'[b~ ~l',iF'Y,'..,'~,~".~ ~'~ F-II,..
Expenditure Increase Current
Object Code Expenditure TiJle. (Decrease) BudGet
Revised
Budqet
~ff, 0o:2
Total
REVENUE BUDGET DETAIL
ProjectTifletot.'~[¢ I~,b. 5'~6 ~ Con')¢.n',i¢,¢.:t cd
Revenue
Object Code
Revenue Title
Cost Center Number
,] . ject Number
Increase Current Revised
pecrease) Budget Budget
~. coo - o- /4~ ~o0__
Total
BUDGET AMENDMENT REQUEST
For Budget/Finance use only
Ba#
Je#
BaH
A.P.H. Date
To BCC Yes No
;
Date prepared
Fund Title
Fund No.
EXPENSE BUDGET DETAIL
Cost Center Title
Project Tide
Expenditure
_Object Code
E.._xpenditure Title_
Cost Center Number
Project Number
Increase Current Revised
{Decrease] Budoe~t Budce____._Jt
Total
REVENUE BUDGET DETAIL
Revenue
9b_i.~_~o~a
Revenue Title_
Cost Center Number
~.,~ ~.~_n.:~.V,~jlProiect Numbe,'
" increase
(Decre-~se_).
Current Revised
D u d__q.C_q~ Budq¢!
-o' ;~, .L'YL'~.
Total
· o 2~a. C~O0
NOV 1 8 1997
EXPLANATION
WHY ARE FUNDS NEEDED?
WHERE ARE FUNDS AVAILABLE?
I
Prepared By
Depsdment Director
Division Director
Budget Department
Finance Department
Clerk of Board Admin
Date_
No. lb _
NOV 1 8 1997
Pg. 5
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE THE Al-rACHED BUDGET AMENDMENT WHICH WILL CREATE A BUDGET FOR THE
SCRUB JAY iMPLEMENTATION PROJECT AT THE IMMOKALEE REGIONAL AIRPORT.
OBJECTIVE: To create a budget for the scrub jay implementation project at the Immokalee Regional Airport.
CONSIDERATION: on April 28, 1997 the Collier County Airport Authority secured an $80,000 grant from the Florida
Depadment of Transpodation (FDOT) for the purpose of implementing the scrub jay plan. The scrub jay plan has been
completed and accepted. The Authority is now prepared to move forward with the implementation phase of this project. In order
to do so, a budget needs to be established. The project is estimated to cost $100,000 of which $80,000 will be funded by the
grant. The remaining $20,0000 can be funded by the Airport Authority'$ capital reserves. A budget for loan proceeds needs
to be established too since the grant revenue received from FDOT will be on a reimbursement basis.
The scrub jay plan needs to be implemented before any further development can take place at the Immokalee
Regional Airport. Once the scrub jay plan is imp!emented, which includes relocating the scrub jays, the Airport
Mater Plan can be implemented and airport development can continue.
GROWTH MANAGEMENT: None.
FISCAL I~'IPACT: No additional funds are needed from the County. The budget amendment will create an expense
appropriation of $100,000, a grant revenue appropriation of $80,000, an appropriation for loan proceeds of $80,000 and a
reserve for debt service in the amount of $80,000. In addition, the budget amendment will reduce reserves for contingencies by
$20,000.
RECOMMENDATION: That the Board of County Commissioners approve the attached budget amendment which will
increase and decrease the following accounts:
improvements General
Reserve for Debt Service
Reserve for Contingencies
FDOT Reimbursement
Loan Proceeds
(496-192341-763100-33319)
(496-919010-992000-33319)
(496 -919010-991000-00000)
(496-192341.334492-33319)
(496-192341-484100-33319)
100,000.00
80,000.00
(20,000.00)
80,000.00
80,000.00
PREPARED BY:
REVIEWED BY:_
"., DATE:
/,,," ? ,)
DATE: _
AGENDA ITEM
NOV 18 1997
pg.
BUDGET AMENDMENT REQUEST
For Budget/Finance use only
Ba#
Je#
Ba~
A.P.H. Date
To BCC Yes No
Date Prepared
Fund T~tle
Fund NO. ~ djb
EXPENSE BUDGET DETAIL
Cost Center ~tle '~ r'~ ¢'<, o/ ~ t;'. { -
Expenditure
_Object Code Expenditure Title
Cost Center Number
Project Number
Increase Current Revised
(Decrease) Budqe.! Budqel
Total
I CO, 000, CO -o '
190. Ceo. co
REVENUE BUDGET DETAIL
Cost Center Title
Project Tit!e
Revenue
Obiect Code
Revenue Title
Cost Center Number
Project Number
increase Current
(Decrease)
~. ,0~.r,c
Revised
Bud..____~
c-.,'} .r(';-
Total
A G E N D,...A,, ZT£M
~o. IL~ CTj '~
NOV 1 8 1997
pg. 7.,'
.. ~ j
BUDGET AMENDMENT REQUEST
For BudgeVFinance use only
Ba#
Je#
Bar~
A.P.H. Dale
To BCC Yes No
Date Prepared
Fund Title
Fund No.
EXPENSE BUDGET DETAIL
Cost Center Title
Proiect Title
Cost Center Number
Project Number
Expenditure
Obiect Code
q c2
Expenditure T'iHe
k"r' 4¢..' ,~-',,,' ."':,'.T~r'~,"~'(''~
Increase Current
('Decrease) Budget
/'& ~ OC'C'. ¢"'",
Revised
Budqe!
Total
Cost Center Title
Project Title
Revenue
_0__~ect Code
'J %,q~ 50
REVENUE BUDGET DETAIL
Revenue T~tle
Cost Center Number
Project Number
Increase Current
('Decrease) Bu~I
.._.~-o O0o. oo
Revised
Budge!
Total
AGENDA,. 4'rEM
No.
L
NOV 18 1997
BUDGET AMENDMENT REQUEST
For Budget/Finance use only
Ba#
Je#
Bar//
A.P.H. Date
To BCC Yes No
Date Prepared
Fund Title
Fund No.
EXPENSE BUDGET DETAIL
Cost Center Title ~' t~z-," :""
Project Title ~.,;(:[; 'J.'~'' ~,.!- ·
Expenditure
~ct Cod. e. Expenditure Title
qqT..~'.:'-,. I,~ -' ·; ..' ':""
Cost Center Number """ ""
Project Number ' ;,"
Increase Current
.(Decrease) Budqe_t
_~.,,] ¢.'c ~:" - :'
Revised
Bu_.__d~et
~f ,,":~f° :'-.
Total
REVENUE BUDGET DETAIL
Cost Center Tille
Project Title
Revenue
O.__biect Code. Revenue Title
Cost Center Number
Project Number
Increase Current Revised
{Decrease). .B ud.cL~. B u d_._~d_.g~
Total
AGENDA ITE[~
No.
NOV 1 8 1997
pg.
EXPLANATION
WHY ARE FUNDS NEEDED?
. ~ .. ._' · .., ,,' /' ..._._...--
~ ~.,,,~ I I:.~ ¼-.,~....~.. , . I ~ -...------
._.. I :. o-%._J. I'-
WHERE ARE FUNDS AVAILABLE?
P;epared By
Department Director
Division Director
Budget Department
Finance Department
Clerk of Board Admin
Dat__~e
AGENDA ITEH
No. I b L~)S
NOV 18 1997
Pg.. ~
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE THE ATTACHED BUDGET AMENDMENT WHICH W~LL CREATE a BUDGET FOR THE
OBSTRUCTION REMOVAL PROJECT AT THE EVERGADES AIRPARK.
OBJECTIVE: To create a budget for phase II of the obstruction removal project at the Everglades Airpark.
CONSIDERATION: The Coast Count~ Airport Authority ~ sec~,ng a grant from the Florida Department of
Transpoctat. k~n 0CDOT) fo~ the purpose of re~ obst~'uction$ to the runway at the Everglades Airpark. The obstructions
need to be remcwed in o~der to make the ai~p(x't safe. The project is estimated to cost $50,000 of which 540,000 will be
funded by FDOT. The balance of $10,000 can be funded by the Airport Authority's capital reserves. A budget for
loan proceeds needs to be established too since the grant revenue received from FDOT will be on a reimbursement
b ~asis.
GROWTH MANAGEMENT: None.
FISCAL IMPACT: No additional funds are needed from the County. The budget amendment will create an
expense, appropriation of $50,OOO, a grant revenue appropriation of $40,000, an appropriation for loan proceeds of
540,000 and a reserve for debt service in the amount of $4?,000. In addition, the budget amendment will reduce
reserves for contingenc!es by 510,000.
RECOMMENDATION: That the Board of Count'! Commissioners aPFrove the attached budget amendment
which will increase and decrease the following accounts:
Improvements General
Reserve for Debt Service
Reserve fcr Contingencies
FE)OT Reimbursement
Loan Proceeds
(496-192342-763100-33362)
(496-919010-992000-33362)
(496 -919010-991000-00000)
(496-192342-334492-33362)
(496-192342484100-33362)
50,000.00
40,000.00
(lO,O00.O0)
40,00O.00
40,000.00
Prepared By:
Reviewed By:
Date:
",..,./~-,-,' .,:' . .~!
· Date: _
AGENDA, [,TEM
No. +
NOV 18 1997
F'go
BUDGET AMENDMENT REQUEST
For BudgeVFinance use only
Ba#
Je#
Bar'//
A.P.H. Date
To BCC Yes No
Date Prepared
Fund Title
FundNo. qS'~
EXPENSE BUDGET DETAIL
Cost Center Number
Project Number
Expenditure
_Obiect Code
/~ _ , .' ,...
Expenditure Title
· ' t
Increase Current Revised
fDecrease) .Budge~ _Bud.qet
::..'.-,,~.;: ~ .~. = ,....
Total
REVEIIUE BUDGET DETAIL
Cost Center Title
Cost Center Number iq ~, ~ '{ ~
Project Number '~ "5 % ',- ;,.-,
Revenue
Obiect Code Revenue Title
:~ .:, ~.~'
Increase Current
~'Decrease) .Budqet
H O, %O.""-' · ~'
Revised
B__~ud.qet
~t',:.. ;,'~0,. ': ~
Total ~{"}' 00~' '::' ':"
~OV 18 1997
BUDGET AMENDMENT REQUEST
For Budge'JFinance use only
Ba#
Je#
Ba~
A.P.H. Date
To BCC Yes No
/1
Date Prepared
Fund Title
Fund No.
EXPENSE BUDGET DETAIL
Cost Center Title I",':' f !;
Project Title -
Expenditure
Object Code Exoendi',ure Tjt!e
Cost center Number
Project Number
Ir,crease Current
(Decrease). Budget
,/.~o.,SL'E. :." .' '~5 i.;.-..
Revised
Total
REVENUE BUDGET DETAIL
Cost Center Title E')Zf~",./~-.~.'''. t'\"(¢:'' ' "" Cost Center Number
Project Title b..)P;' ¢' ,'"~t & '--..~ % (".~3:~.:;":. , t~,',:,' .,':' Project Number
Revenue increase Current
O_b[ect Code Revenue 'lqtle IDccrease} Bud.q~
Revised
Total ~(~ ~. £0. ;C, 't..,'
LIL., :.,: ¢.". -'
AGEN
B '1997
Pg.~
/
BUDGET AMENDMENT REQUEST
For Budget/Finance use only
Ba#
Jo#
Bar#
A.P.H. Date
To BCC Yes No
Date Prepared
Fund Title
Fund No.
Cost Center Title
Project Title
Expenditure
Ob[ecl Code
').,,
EXPENSE BUDGET DETAIL
Cost Center Number c~ I '3 O ! O
Project Number ,~ '?.; ~..',- '.,
Increase Current
Expenditure Ti!!e [Decrease) _Budq~
,- '.' , ~ ,:, ::'r "" t0
,. . .. , . ~.. . f ..~.'~. t. .C~:
.:
Revised
Budget
'}0. CCC
~,0, SC(:. -"'.'-)
REVENUE BUDGET DETAIL
Cost Center 'Fitle
Project Title
Revenue
.Objecl Code
Revenue Title
Cost Center Number
Project Number
Increase Current Revised
D e c re a s e ) B t_.~d_g~ B___u~d_c~ e~
Total
I
AGENDA ]TEH
NOV 1 8 1997
pg... L~
WHY ARE FUNDS NEEDED?
EXPLANATION
WHERE ARE FUNDS AVAILABLE?
Prepared By
Department Director
Division Director
Budget Department
Finance Department
Clerk of Board Admin
Date
,r../_'.
I
AGENDA ,ITEM
~o.
NOV ! 8 1997
Pg