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Agenda 11/04/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 4, 1997 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS TIlE BOARD ON SUBJECTS WHICtl ARE NOT ON Tills AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST I$ DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE IIEARD UNDER "PUBLIC PETITIONS". ANY PERSON WttO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSUILE THAT A VERBATIM RECORD OF TttE PROCEEDINGS IS MADE, \VttlCH RECORD ENCLUDES THE TESTLMONY AND EVIDENCE UPON WttICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE ($) MINUTES UNLESS PEIL',IISSION FOR ADDITIONAL TIME IS GRANTED BY THE CIIAIILMAN. ASSISTED LISTENING DEVICES FOR THE HEARING LMPAIRED ARE AVAILABLE IN TIlE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. I. Ih"VOCATION - Senior Pastor Michael Valentine (Gulf Shore Community Church) 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF 51INUTES October 14, 1997 - Regular Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming November 3-9, 1997 as Collier County Protective Sen'ices Apprccialion Week. To be accepted by Represcntatlve Burl Saunder~. 2) Proclamation proclaiming Sunday, November 16, 1997 ax Guadalupe Center Day. To be accepted by Jack Mangan, Board member and Sister Judy Dohner, Executh'e Director. 1 3) 4) 6) Proclamation proclaiming November 2-8, 1997 as Youth Appreciation Week. To be accepted by Gerald Neff, Sunset Optimist Club representative. Proclamation proclaiming the monlh of November, 1997 as Diabetes Awareness Month. To be accepted by Roger blunz, Presldent of the Diabetes Foundation, and Diane Bennett, Executive Director of the Diabetes Foundation. Proclamation proclaiming the month of November, 1997 as Adoption Awarenc~ss Month. To be accepted by Kathy Stick of F! Dept. of Children & Families. Proclamation honoring and accepted by World War I veterans Bernard ]lickey and Francis Vasseur. SERVICE AWARDS pi/ESENTATIONS 1) Recommendation to recognize Anna Rubin, Library' Department, Public Services Division, as Employee of the Month for November, 1997. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CItANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT 3,. COMMUNITY DEVELOP,MENT & ENVIRONMENTAL SERVICES 1) Recommendation to adopt a Resolution establishing general requirements and procedures for amending the Collier County Growth Management Plan. 2) Authorization for the Chairman to sign letters of concurrence with the Everglades City Regional Sewer Project indicating its consistency with the Growth Management Plan. 3) Staff' review and recommendations relative to Ordinance 92-31, as amended, CLivingston Road Country Club PUD) which has not commenced construction as defined in Section 2.7.3.4 of the Collier Count)' Land DcYelopment Code. B. PUBLIC WORKS C. PUBLIC SERVICES SUPPORT SERVICES 1) Approval of Purchasing Productivity Implementation Plan (Cont. From 1017.819T) 2) Discussion regarding request from Isles of Capri Advisory Board (continued from 10/28/97) E. COUNTY ADMINISTRATOR 1) 2) Apl)rove funding Everglades Nallonal Park 50" Annlvcrsary Rcdcdlcation $148,800, Marco Island Sports Festival $160,000, and Marco Island Film Festival 5295,000 Tourist Development Special Events Funds. Direct Count)' Attorney to amend Ordinance 92-60 to permit Nature Centers as an authorized Tourist Development Fund use as pcrmlttcd by Florida Statute. Approve funding beach maintenance activitics for S181,300 Tourist Development Beach Renourishment Category. F. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT Recommendation that the Board consider and approve .settlement of Stringer v. Board of CounO' Commissioners of Co/ller Count3', Florida, et al., Case No. 97-178-CIV-FTM-23D, pending in the United States District Court for the Middle District of Florida. Board consideration for approval of a revised draft blcmorandum of Understandlng- Environmental Impact Statement (EIS) Southwest Florida, between the Arm)' Corps of Engineers, Collier County and Lee County. (Tabled from the October 28, 1997 meeting) Report to the Board regarding Tourist Development Council Municipality Representation / City of Marco Island. 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation concerning advisory committees. (Commissioner Norris) 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC ItEARINGS - Bce COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition PUD-97-9, John P. Ashcr, P.E., of Coastal Engineering Consultants, Inc., representing The Club Estate.% L.C., for a rezone from *'A"' Rural Agricultural to "PUD" Planned Unit Development for a project titled The Club E,qates PUl) containing a development strategy consisting of 28 single family detached housing lots and homes on a total site area of 15.<;.8 acre~; located on the &~'est side of C.R. 951 immediately contiguous to the properl)' known as Naples National Golf and Country Club in Sec. 10, T$0S, R26E. (Continued from the meeting ofi0/21197) C. OTllER 13. 14. 15. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC tlEARINGS B,~ OTHER STAFF'S COMMUNICATIONS # BOARD OF COUNTY COMMISSIONERS' CO.MMUNICATIONS 16. CONSENT AGENDA - All matters listed under this Rcm arc considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered ~parately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) Approval of Contract GWI57 with the Florida Department of Environmental Protection (FDEP) to participate in a ground water quality monitoring effort. Convey to the City of Naples watcr utility facilities installed in Unit Six of Grey Oaks Subdivision, which facilities were conveyed to the Count)' by mistake. 3) Waiver of road impact fees, librar).' system impact fees, parks and recreational facility impact fees, emergency medical sen'ices system impact fees, water system impact fees, sewer system impact fees and educational facility system impact fees for thirteen (13) single family houses to be built b)' Immokalee Habitat for Humanity, Inc., in Naples Manor Lakes and to fund said wah'ers from Affordable Itousing Trust Fund, Fund 191. PUBLIC WORKS 1) Adopt Resolution concerning an effluent system for the Marco Water and Sewer District, Phase II. 2). This item has been deleted. 3) Recommendation to approve a Lease Agreement for the improvement, operation and maintenance of public and private parking on Count)' property under the Goodland Bridge. 4) Award a conslruction contract to Gulf States, Inc. for a Redundant Telemetr)' System, Bid No. 9%2734, Project No. 70124. ~) Approve final funding for construction of a Residential Noise Abatement Wall System as part of Vanderbilt Beach Road Change Order No. 8 with Al'AC-Florida, Inc., CIE Project No. 023. 6) Award thc Annual Bid 9%2735: Road~vay Paint, Thermoplastic Markings, and Raised Pavement Markers. 7) Approve additional cnglnecring and related sun'cying work ncccssar)' to continue the environmental permitting of the Lely Area Stormwatcr Improvement Project (Pr,.ject No. 31101). C. PUBLIC SERVICES D. SUPPORT SERVICES I) This item has been deleted. 2) Authorization to execute Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida E. COUNTY AD,MINISTRATOR 1) Recommendation lhat the Board of County Commissioners authorize the procurement of englncerlng sera'ices for the implementation phase of the Clam Bay Restoration and Management Plan and authorize an increase in rates for Wilson, Miller, Barton & Peek F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE H. OTtIER CONSTITUTIONAL OFFICERS 1) Apl)rove Sheriff's Office award for expenditures at the Immokalee Jail Center related to the acquisition of equipment and apl)rove the budget amendment. L COUNTY ATTORNEY J. AIRPORT AUTtlORITY I) Recommendation to approve the attached budget amendments which increase resen'es for debt sen'ice and grant revenues. 2) Approval of Airport Authority Capital Fund Budget Amendments. 17. ADJOURN · INQUIRIES CONCERNING CHANGES TO TIlE BOARD'S AGENDA SHOULD BE ,MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. AGENDA CtfA NGES BOA RD OF CO UNTY COMMIS;,¥IONERS' MEETING NOVEMBER 4, 1997 ADD: ITEM 8(C )(I) - APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY AUTHORIZING RESIDENT BEACH PARKING WITHOUT THE PAYMENT OF PARKING METER REVENUES. (STAFF'S REQUEST). ADD: ITEM 9(D) - RECOMMENDATION TO CONSIDER AND APPROVE SETI'LEMENT OF MOORE V. COLLIER COUNTY, CASE NO. 96-247-CIV-FPM-25D, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA. (COUNTY ATTORNEY). ADD: ITEM 10(B) - RECOMMENDATION TO DECLARE VACANCY ON THREE ADVISORY COMMITTEES. (BCC REQUEST). ADD: ITEM Il(A) - APPROVAL OF COURT ADMINISTRATION EXPENSES. (STAFF'S REQUEST). 1-'1,I O C L A M A '1'1 ON WHEREAS, the problems of crime and safety touch all segments of our society and can undermine and erode the moral and economic strengths of our communities; and WHEREAS, v,-e are fortunate that individuals from protective .services agencies in Collier County dedicate themselves to preserving law and order and public safety; and WHEREAS, we recognize that the men and women in protective services risk their lives daily to protect our citizens and maintain social order; and WH ER EA S, it is appropriate to encourage the residents of Collier County to pay tribute to their protective services agencies, and WHEREAS, the administrators of Collier County's public service agencies wish to recognize and honor the members of their agencies for their dedication and service to the community. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of November 3-9, 1997, be designated as "Collier County Protective Services Appreciation Week" and that all residents of Collier County are hereby encouraged to honor the men anti women in protective services, and, further, are encouraged to always assist them by being responsible .citizens. DONE AND ORDERED TIt/S 4o` Day of November, 1997. ATTF..ST: BOA RD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AGENDA. ITEM · NOV - tI lSi ? PROCLAMATION ~VHERE4S, the migrant and rural poor residents of lmmokale,: in Collier County, because of the seasonal and transitory nature of their agricul:ural employment were in frequent need of emergency services, i.e., food. clothing, shelter and comfort; and WHEREAS, Guadalupe Center was established fifteen years ago to freely provide such services to anyone in need; and tVttEREAS, to this day Guadalupe Center continues to provide those emergency services and others, i.e., after-school tutoring for migrant and other children, literacy training for adults, back-to-school shoes, and Christmas toys to the poor of Immokalee; and to better serve the children of the worldng poor of lmmokalee, Guadalupe Center is inaugurating this year a new Family Education Center to provide day care and instruction for babies and very young children to parents who need such help because they must work and also to provide parenting and job sldlls training for those parents; and WttERF~S, ceremonies celebrating the dedicati~n of the Guadalupe Center for Family Education wilt take place on November 16, 1997 in the newly remodeled facility the Center occupies in Immokalee; and IKHEREAS, those same ceremonies will also celebrate the fifieen years of service which Guadalupe' Center has given to the community of lmmokMee. NO W THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Sunday, November 16, 1997 be designated as G UAI)A L UPE CEdVTER DA Y . · with a special invitation'to t,ne People of Collier Cou~ 70 "attend the dedication ceremony'at the GuadalUPe Center for Family Exfitctm'on at 505 Hope Circle on DONE Al, TI ORDE THIS 4t.q Day of NoV.ember,':.I997. ' -.. BOARD O~ COUNTT COMMISSIONERS ""'COLgIER COUNTZ, FLORIDA A 77EST: DF,'7GHT E. BROCK, CLERK TIMOTHY L. HANCOCK, AICP, WEERF. AS, ~ROCLAMATION the vast majority of youth are concerned, knowledgeable and responsible citizens; and W~EREAS, the accomplishments and achievements of these young citizens deserve the recognition and praise of their elders; and ~"i~ ER EAS, Optimist International has, since 1954, developed and prcmoted a program entitled Youth Appreciation Week; and W~ERF. AS, the citizens o~ Naples,' FlOrida have indicated a deeire to join the 'Sun~ '~imists in expressing appreciation and appr~! o~~the con~rlbu't~o~ o~>~ur yough. NOW ~ZREFOR,, ~ it pro%[a~.,._d ~. the Board of CoUnty C~iss~one. rs,~f Coll/%r. ~ounty,''~FIO~i~,:' that the week of Nove'~er ~' - 8, ~1997, be .defli~nated ~' "Y~{ APPRECIATION WEEK' DO~ k~ O~R~ ~IS 4~ Day Of N~ember, ATTEST: DWIGHT E. BROCK, CLERK AGE MON'~jzT~.~ , / W;qE REAS, diabetes is a chronic, life threatening auto-immune disease that affects approximately 16 million people in the United States; and WHEREAS, there are an estimated 22,000 people residing in Collier County chat have diabetes; and WTIEREAS, the Diabetes Foundation is a non-profit serwice and educational organization created in 1992 to meet community needs by providing awareness, ongoing education, support and agency referral for persons diagnosed with, affected by, or at high risk for W~EREAS, the Diabetes'Fcundatto~ i"~"~d&d by m~erships, don~io~s~ be~h~,'..f~d raistng'evant~% and vol~teer effort~.~f those' individuals who~ar~ finding' a cure for thi. disease." NOW ~m~mro~, b~ it ~6claim~a ~y ~h~'~oard o~ Co~issione'rs of Collier County, Flo~lda%:that Nove~F; 1997' b~ desi~ated as '" DO~ ~ C~ER~ ~IS 4~ Day of .N~er~rt 1997. BO~D OF ~ ~ISSIONE~S COLLIER ~, F~RIDA T 1MO~COCK, AICP, C}{AI RMAN A'PrEST: DWIGHT E. BROCK, CLERX A(~IE.~DA zJ NOV 0q 1997 Pg. / WHEREAS, all children need love, support, security and a place to call home; and WHEREAS, families are the strength and cornerstone of the nation and the State of Florida, adoption has long been recognized as a way to provide permanent loving families for children who are unable to grow up with their family of origin; and W~IERF~AS, children waiting for adoptive parents, and families who have adopted children require and deserwe community support. IL is fitting that we in Collier County pay tribute to those whose lives have been touched by the adoption experience and'focus attention on those children wh6 "are' uncertain ~b~%lt'their future awaiting co~nit~,to celebrate adoption au~,=~er the BOARD OF COUntrY COMMISSIONERS COLLIER COUNTY, FIXDRIDA, T I MOTR~f~. ~ARCOCK, AICp, CHAI RMA~ ATTEST: DWIGHT E. BROCK, CLERK NOV 1997 Pg._ / - PROCLAMATION WHEREAS, Ncvember 1 I, 1997 is a day set aside to recognize and honor the contributions of our counlry's veterans; and WtIEREAS, the United States entered World War ! on April 6, 19I 7 through Armistice Day on November I1, 1918; and WHEREAS, the participation of United States Forces in the European Theater of Operations was instrumental in the success of AIlied Forces; and WHEREAS, the World War I goal of defendingfi'eedom in Europe exemplifies the purpose and tradition o fall United States Armed Forces; and WttERFMS, those American soldiers who fought for our nation during the "Great War" serve to represent ali veterans and as'~uCh deserve special recognition; and WttEREAS, we encourage'aiT ~.'iti~e'ns to pa'ide tO recognize the COntributions of al! of our country's veterans in protecting and prOviding for this nation's freedom. NOW THEREFORe. be it r)roclaimed by the'Board of Coun,'y Comm~ssmners of Collier Co,,ntv, Florida,. that on aeh~lf~of t,,e'ca,ze~ of Cd!~e~:Cq.u....~ty, g~eat appreciation and hO'hO) ..... ' to.'~ii'6f this commwit¢'s veterans for serving their'c~try irt ~he.'armed forc~.s, ~'~d,that Bernard~.~[~.:~ Franc,s Vaster, whoser~ed during r4/3~rld War I, are honored o~ .~.. ~.f..o~their personal servtce and on thts da~ ~.'ese~ a~.'df i~ com~. ~ vetera~ whose dedtcat~on ~ DONE ~D O~E~D THIS 4th D~ ~fN~ber, 1997.. BOARD OF COUNTY COMM1SSIOA COLLIER CouhrI~, FLOR. IDA TIMOTHY L. HANCOCK, AICP, C} AGENDA ~_I',EM"" NOV O q 1997 EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE ANNA RUBIN, LIBRARY DEPARTMENT, PUBLIC SERVICES DIVISION, AS EMPLOYEE OF THE MONTH FOR NOVEMBER 1997. OB.IECTI¥~: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Anna Rubin, Reference Librarian with the Collier County Public Library Department, Public Services Division - Employee of the Month, November ..':997. Anna has significantly enhanced our Collier County Public Library by creating exciting visual displays, exhibiting her sincere interest in tile public, sharing her enthusiasm of books with others and implementing a training program for other librarians. Above and beyond her responsibilities, Anna coordinated the donation of valuable books to the Collier County Museum and helps write articles for the Friends of the Library's monthly newsletter. Anna Rubin's positive attitude and work denu:anor go beyond the requirements of her position and project an excellent image of our library in our community. BRAVO, Anna! FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the department budget cost center 001-156110. RECOMMENDATION: That Anna Ruben be recognized as the "Employee of the Month" for November 1997. PREPARED BY: Louise R. Bv. kos Administrative Secretary DATE: APPROVED BY: Michelle E. Arnold Assistant to the County Administrator AGEt'.iDA ITEM " ~ NOV q i'737 Pg.J EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT A RESOLUTION ESTABL,SHING GENERAL REQUIREMENTS AND PROCEDURES FOR AMENDING TH.'=" COLLIER COUNTY GROWTH MANAGEMENT PLAN OBJECTIVE: To adopt the attached resolution establishing new procedures, requirements and fees for amendments to Collier County's Growth Management Plan. CONSIDERATION: Resolution 91-521 was adopted in August, 1991. Since the adoption of Resolution 91-521, Florida Statutes and Rule 9J-5, Florida Administrative Code, have been amended regarding procedures for adopting amendments to the Comprehensive Plan. The following are proposed changes to Collier County's existing procedures for amending the Growth Management Plan: · Change the submittal date for plan amendments from March to April. · Require only one (1)hearing by the Planning Commission instead of the two that are required in the existing Resolution. Rule 9J-5 only requires a hearing by the Land Planning Agency (CCPC) during transmittal of [he proposed amendment. This will shorten the time it now takes for final adoption of the amendment after the Depadment of Community Affairs has made comments and recommendations from approximately 12 months to 10 months. · Change time period to submit adopted amendments from 5 days to 10 days based on changes in Florida Statutes and Rule 9J-5, F.A.C. · Increase the application fee for a plan amendment from $2,100 to $3,000 since the existing fee only covers advertising costs and does not include funding for staff review. · Add a fee for small scale development amendments of $1,500, since there is no fee to cover this type of amendment. · This resolution would become effective for the April, 1998, Growtl~ Management Plan Amendment cycle. FISCAL IMPACT: This increase in fees would provide an additional $2700 in anticipated revenue for Growth Management Plan amendments and the addition of a fee for Small Scale Amendments is anticipated to provide an additional $3000 in revenue. 'The additional revenues will contribute to funding staff review time and increased advertising costs. AGENDA ITEM No. N 0 V - 1997 pg.. i These revenues and expenditures are located in MSTD General Fund, Comprehensive Planning (111-138317). GROWTH MANAGEMENT IMPACT: The proposed Resolution would be consistent with Florida Statutes and Rule 9J-5, F.A.C. RECOMMENDATION: Staff recommends the Board adopt the proposed Resolution establishing requirements and procedures for amending the Collier County Growth Management Plan and that the Board approve a budget amendment recognizing the increased expenditures and revenues in MSTD General Fund, Comprehensive Planning (111-138317). LEE LAYNE, PLANNER' II REVIEWED BY: _~..//~.~r ,'/.'z"?-,?' ~ DATE: BARBARA CACC~IONE, CHIEF COMPREHENSIVE PLANNING ~ '--- ~-- .~' "' - -"-;.-.~'~DATE: REVIEWED BY: · ~ -- "- WAYNE ARNOLD, DIRECTOR PI_ANNING-',~ERVICES DEPT-, APPROVED BYe..//.~¢~-~'~-'~ -~~--"~ DATE: VINCENT A. CAUTERO ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIV. IAGENDA ITEM NO. __8A_(1 ) November 4, 1997 Pg. 2 1 RESOLUTION 97- 2 3 A RESOLUTION ESTABLISHING GENERAL 4 REQUIREMENTS AND PROCEDURES FOR 5 AMENDING THE COLLIER COUNTY GROW'TH 6 MANAGEMENT PLAN. 7 8 WHEREAS, Chapter 163, Flonda Statutes, requires local governments to 9 prepare and adopt a Comprehensive Plan; and 10 WHEREAS, the Board of County Commissioners adopted the Collier County 11 Growth Management Plan on January 10, 1989; and 12 WHEREAS, the Local Government Comprehensive Planning and Land 13 Development Regulation Act of 1985 (Section 163.3161, et seq., Flodda Statutes 14 (1995)) mandates certain procedures to amend adopted Growth Management Plans 15 (SectJon 163.3184 and Section 163.3187, Flodda Statutes); and Rule 9J-11; and 16 WHEREAS, the Board of County Commissioners has established a policy to 17 utilize an annual cycle for Grow'th Management Plan Amendments (Collier County 18 Resolution 91-521, adopted August 13, 1991); and 19 WHEREAS. the Department of Commumty Affairs has informed Collier County 20 that the addition of future t'iscal years projects to the Capital Improvements Element of 21 the Orov,,4,h Management PIan must be accomplished through the Plan amendment 22 process as defined by Chapter 1633187, Flonda Statutes: and 23 WHEREAS, certain capital improvement projects from the Growth Management 24 Plan are included in the County's Tentative Annual Budget on a yeady basis; and 25 WHEREAS, for purposes of convenience and expediency it is necessary to 26 amend the Capital Improvements Element and the schedule of projects in the Element 27 in ccnjunct~on with the adoption of the County's Tentative Annual Budget for each new ;'8 fiscal year. and 29 WHEREAS, in order to provide adequate notice, it is necessary to set forth the 30 requirements and procedures to be followed by petitioners, the general public and 31 Collier County in processing amendments to the Collier County Growth Management 32 Plan consistent with the requirements of the Flonda Statutes. 33 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: 35 The follOW~ng requirements and procedures shall be foleY, cd i,~-u 36 amendment to the Collier County GrowlJl Management Plan/ mall occ~.-' ', NOV 0 4 1997 1 5 7 8 9 11 13 14 15 16 17 20 21 23 2.4 ~7 3O 31 3~ 33 34 35 36 37 38 3g 4O 41 43 46 47 48 50 51 52 53 55 57 58 63 The general requirements to Inibate an amendment to the Collier County Growth Management Plan or one of its elements are as follows: An amendment may be proposed by the Board of County Commissioners (BCC). the Collier County Planning Commission (CCPC) designated as the Local Planning Agency pursuant to Chapter 163.3174. Flonda Statutes, any department or agency of the County, or any person other than those listed above provided, however, that no such person shall propose an amendment for a land use designation change for property which he or she does not own. except as an agent or attorney for the owner. The procedures provided herein shall apply to all Growth Management Plan amendments. Amendments beyond the yearly plan amendment cycle may be established by the Board of County Commissionem and shall comply with the procedures established herein. In add~tJon, the use of a second yearly plan amendment as prescribed in Section 163.3187(1). Flodda Statutes shall follow this procedure except for filing dates and public hearing dates for rinal adoption. Growth Management Plan amendments directly related to proposed small scale development activities or Developments of Regional Impact (DRI's) may be approved w~thout regard to statutory limits on the frequency or procedures for the consideration of amendments to the Growt~ Management PJan provided all of the conditions are met as set forth in Sect. ion 163.3187 (1)(c). Florida Statutes. (1987). All Growth Management Plan amendmenls Wql be reviewed in one cycle starling on the fourth Friday in April, annually. Prol:~3sed amendments submitted after that date will not be considered until the foIIo~,ing review cycle. Tho Amendment Process inc. Juding staff review. State and Regional review and local public headngs will take approximately 10 month~ to complete. All required copies of the application to amend the Collier County Gro,,,~h k~lanagement Plan and supporting documentation along w~th the required filing fee for each requested change and/or amendment must be submitted to the Community Development and Environmental Services Division (CDS) prior to 5:00 p.m. of the fcurth Friday in March. For each app!ication to amend the Collier Count,/Growth Management Plan or Future Land Use Map, a minimum fiting fee of $3.0CO fcr each requested change plus a t'ee of $30 per ac,re for each affecled ac~e in the application must be submitted. For Small Scale Development Activities. a filing fee of $1,500 shall be submitted. The term 'staff' shall refer to the staff of the Community Development and Environmental Services Division and any other peq'tinent County staff from other Divisions. The procedure to amend the Collier County Growth Management Plan or one of its elements is as A pre-al~plicatJon conference shall occur between the petitioner, the Community Development and Environmental Services Division and other appropriate County staff to ensure that the procedure set out herein is understood and adhered to. Staff shat1 perform an initial review of the proposed amendment application to determine whether additional information is necessary to enable s',aff to conduct a formal review and whether other amendment~ of the Growth Management Pla~'~ will be necessary to preser,,,e the internal consistency of the Plan._~thin 3(3 c. al~,nr~,, days following the ~ling deadline, the staff shall notify'~&~ in writing, that: (a) the staff has determined that the petition review;, or 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 21 22 ~4 25 27 28 3O 31 3~ ~2 45 a? 5O 52 55 5¢ (b} the petition is inadequate for formal review and the notice shall set forth in detail the additional information deemed necessary for formal review of the petition. If the applicaticn ~s deemed insuft'iC~ent, the petitioner shall have 30 calendar days, from dale ol receipt of staff's letler of insufficiency, to supplement the application in response to initial review, A second 30 day tJrne penod, Io respond to insufficiency, may be requested by the petitioner. County staff shall review the application and may consult with other Counly Departments or agencJes as ~t deems necessary to evaluate the proposed amendment and shall prepare a report vath a preliminary recommendation. The Collier County Planning Commission (CCPC), designated as the Local Planning Agency, shall hold an advertised public headng with due public notice as defined by Chapter 163.3174, Flodda Statutes, dudng which staff will present their review and make a preliminary recommendation to the CCPC. All interested pa~es may appear and be heard. Wdtten comm,~nts of the general public filed with the Community Development and Environmental Services Division will be considered at the public heanng. Following the CCPC public hearing, the proposed amendment shall be forwarded to the BCC with the recommendation of the CCPC. 6. After the CCPC public headng on such amendments have been held, the BCC shall hold an advertised public headng on the proposed amendment dunng wi'~ich the stall review and F, reliminary recomm¢,ndation, and any recommendation made by the CCPC. shall be presented. The public headng shall be held on a weekday approximately 7 days after the firs[ advertisement is published. The intention of the BCC to hold and adverse a second public headng to consider the adoption of the proposed amendment shall be announced. All interested parties may appear and be heard. Wd~ten comments filed with the Communit'j Development and Environmental Sec/ices Division will be considered at the public headng. FollOWing the BCC public hearing. Lhe BCC Wql transmit the appropriate number of copies of the proposed amendment to the Department of Community Affairs within ton (10) working days. 7. Upon receipt of the proposed Grow~ Management Plan amendment. the Oepa~'tment of Community Affaim. the Regional Planning Councd and other government agencJes will review the amendment pursuant to Sect~cr, 163,318.4, Flodda Statutes. The Department of Community A~airs shall transmA in writing its comments to the local government along w~th any cbjections and any recommendations for modifications. 8, ~thin 60 day.~ of receipt of the review comments from the Department of Community Affairs. the BCC shall hold its second public hearing regarding the proposed amendmentJs during which the final staff review and recommendation. State and Regional review ccmments and public comment will be presented. The public headng shall be held on a weekday approximately 5 days after the advertJsen3ent is published, The BCC shall then adopt, adopt with modificat.ions or deny the proposed amendment/s. Adoption of an amendments to the Growth Management Plan must be by Ordinance and shall require four affirmative votes of the Board of County Commissioners. 10. The adopted amendments to the Growth Mar transmitted to the Department of Community wo~ing days after adoption. Adopted plan a Small Scale Amendments, shall not become, pg. .b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ,;3 44 4.~, 46 47 48 49 50 51 52 53 55 56 Department of Community Affairs ~ssues a final order determining the adopted amendment to be 'in compliance', or until the AdminislJ'ation Commission issues a final order determining the adopted amendment to be in compliance ~n accordance with Subsection 163.3184(10), Flonda Statutes. The Department's notice of intent to find an amendment in compliance shall become an issued final order detecmm~ng the adopted amendment to be in compliance if no petJtion challenging the amendment is filed with the Department within 21 days of the date of publication of the notice of intent. Small Scale Amendments shall not become effective until 31 days after adoption. If challenged within 30 days after adoption, this Small Scale Amendment shall not become effective until the State Land Planning Agency or the AdministJ'ation Commission, respectively, issues a final order detenmining the adopted Small Scale Development Amendment is in compliance. This Resolution supersedes and repeals Resolution 91-521 relating to prior Grov,'th Management Plan Amendment procedures. This Resolution shall take effect Apdl 1, 1998. THIS RESOLUTION ADOPTED after motion, second and majority vote this ~ day of ., 1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: TIMOTHY L. HANCOCK. Chairman Approved as to form and legal sufficiency: MARJO~iE M. STUDENT. Assistant County Attorney Resolution Amending Growth Management Plan Procedures 97 7/10/97 1997 EXECUTIVE SUMMARY RECOMMENDATION TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO SIGN TWO LETTERS STATING THAT THE COUNTY COMMISSION CONCURS WITH THE EVERGLADES CITY REGIONAL SEWER PROJECT AND THAT IT IS CONSISTENT WITH THE COUNTY'S GROWTH MANAGEMENT PLAN. OBJECTIVE: To provide two letters from the County Commission stating their concurrence with the proposed public regional sewer system for Everglades City and the surrounding unincorporated area and a finding of consistency with Collier County's Water and Sewer Sub-Elements of the Growth Management Plan. CONSIDERATION:. The City of Everglades has filed a grant application with the USDA's Rural Development Administration (AECI Project 4282-15-00) for the installation of a low pressure sewer system project with capacity to serve the City of Everglades and the outlying Urban Areas in the unincorporated area of the County. The following items are necessary to fulfill the requirements of the grant application: · Letter from the County Commission stating that the sewer project is consistent ,,./;th the County's Water and Sewer Sub-Elements of the Comprehensive Plan; · A letter from the County Commission stating that they concur with the proposed sewer project. Attached to this Executive Summary is a letter from the City of Everglades requesting the necessary documentation for the grant application and two draft letters for review by the County Commission. FI.$~L IMPACT: This letter will assist the City of Everglades in pursuing grant funding for their regional sewer project from USDA's Rural Development Administration. _GROWTH__I~_ANA_GI:7, M.F, NT IMP_ACT: The Everglades City sewer project has been determined to be consistent with the County's Comprehensive Plan. R__E C O_M_..M E N P AT I_O_L~[: letters to the City of Everglades in support of the sewer project. SUBMITTED BY:/~~_ ~ ~/~//~:;~.~ Date: /~ -,'-~ Barbara A. Cacchione, AICP Compr.e23ensiie Planning Manager REVlEWED~~(~--/~~ Date: '~,','~_~ D. Wayne Arnold, AICP Vincent A. Cautero, AICP Community Development & Environmental SeNices Administrator That the Board of County Commissioners approve tho attached AGEN I~ l 0V 0 1997 pg, -.~ City of Everglades City P.O. Box 110 Everglades City. Collier Count)', Florida 34139 Cily Hall 207 Broadway Phone (941 x 695-3781 Fax (941 ) 695-3020 October 2, 1997 Mr. Robert Fernandez, County Administrator Board of County Commissioners Collier County Commissioners Collier County Government Center 2nd Floor-Administration Building 3301 East Tamiami Trail Naples, Florida 34112 Dear Administrator Fernandez: On behalf of the Everglades City Council and the residents of our community, I am writing to request your assistance in provided documentation to support the City's application for grant funding from the USDA's Rural Development Administration [AECI Project 4282-15-00]. Attached is an excerpt from the Application Form for the subject Project requiring the requested documentation. A letter from Collier County Government is needed to demonstrate that designated outlying Urban Areas located in the Unincorporated County would benefit from the installation of the proposed Everglades City Low-Pressure Sewer System Project, a regional 9Ublig__~;stem providing water and sewer services to City residents with capacity sufficient to serve unincorporated communities adjacent to the City. Our consultant, Fraser & Mohlke Associates, has reviewed this requirement with the professional staff of Collier County's Community Development and Environmental Services Division and has received a very forthcoming response from Planning Services recommending a course of action for Everglades City to follow. Enclosed with this letter is a draft of a letter, with supporting documentation recommended by Planning Services, for the signature of the Chairman of the Board of County Co~T~nissioners demonstrating the proposed Project's concurrence with the County's Growth Managemen~ Plan [See Enclosure]. Everglades City requests respectfully your favorable consideration regarding this matter. If formal County Commission action is required, please advise and City representatives will be prepared to review our request with you, or your designee, and to attend a future Commission meeting, if needed. Mayor City Clerk Sam. my llamilton. Jr. Man. ha Daniels Very truly yours, ilton, Jr. Mayor I'{O. ~ NOV 0 4 1997 '*Chris LOmbazdo / -l'ony Pi,res Iohn C. N°rns O~stnc~ 1 Timothy L. Hancock. AICP Dis~r~ 2 Timothy J. Cons~ntme Distr~ct 3 I~rnela S. Distrirt 4 Barbara 8. Berry DistJ'ic~ .5 3301 East Tamiarni Trail · Naples, Florida 34112-4977 (941) 774-80~7 · Fax (941) 774-3602 November ,l, 1997 Mayor Sarnmy Hamilton, Jr. City of Everglades City PO Box 110 Everglades City, Florida 34139 RE: Everglades CiD' Low-Pressure Sewer System Project Everglades CID'. Florida USDA Rural Development Administration Funding Application AECI Project 4282-15-00 Dear Mayor Hamihon: At its November 4, 1997 meeting, the Boa.,'d of County Commissioners voted to support the Everglades City application for grant funding from the USDA's Rural Development Administration (AECI Project 4282-15-00). Sincerely, Timothy L. Hancock, AICP, Chairman Board of County. Commissioners NO. ~ NOV 0 4 1997 Pi. ~ I~n C. No~n$ DiS~lct 1 Timothy L. Hancock, AICP Di~ic~ 2 T~rnod~¥ I. Cc~ntine Distr~c~ 3 Pamela S. M.~:'~e Dis~ 4 B~ra B, 8~ Di~ 5 .3301 £a~t Tarniamt Trail ' Napk,, Florida 34112.4977 (941) 774.8097 · Fax (941) 774-3602 November 4. 1997 Mayor Sammy Hamilton, Jr. City of Everglades City PO Box 110 Everglades City, Florida 34139 RE: Evergiades City Low-Pressure Sewer System Project Everglades City, Florida USDA Rural Development Administration Funding Application AECI Project 4282-15-00 Dear Mavor Hamilton: The proposed Everglades City Low-Pressure Sewer System Project complies with the Collier Count?' Grov,'~h Management Plan. The Public Facilities Element which includes the Wa~'er and Sanitary Sewer Sub-Elements provide for a regional public system that ensures the provision of potable water and sanitary sewer collection, distribution, treatment and disposal facilities that are maintained at the adopted level of service. These public systems are intended to serve the Urban Areas as designated on the Future Land Use Map. The outlying Urban Areas such as Chokoloskee, Plantation Island and Copeland, as well as the incorporated municipality of Everglades City would benefit from a regional public system v,'hich provides adequate water and sewer sen'ices to these designated Urban Areas. The specific goals, objectives and policies that have been adopted as part of om' local Comprehensive Plan for the Potable Water mad Sanitary Sewer Sub-Elements are attached for your review and support the development of a regional public system in the outlying Urban Designated Areas. Sincerely, Timothy L. Hancock, AICP, Board of County Commissio: Ihai~ ~(:~t~[~'~ ') .o. NOV 0 1997 COLLIER COUNTY GROWTH MANAGEKENT PLAR PUBLIC FACILITIES ELEMENT Sanitary Sewer Subelement January, 1989 An:ended May 19, 1992 RE-PRINTED FEBRUARY, 1991 RE-PRINTED & RE-FORMATTED MAY 19, 1992 NOV 0 ,1 1997 i*l~. '~-,..''~''''~ V, GOALS, OBJECTIVES AND POLICI~ GOAL 1: TO PR0~£ECT THE HEALTH AND SAFETY OF THE ~UBLIC BY ENSURING ACCESS TO KNVIROKMF2;TALLY SO~ND, COST EFFECTIVE AND I3fPL~ABLE SkNITARY SEWER FACILITIES ~ SERVICES $ OBJECTIV~ The County will implement the following policies to make certain that public and private sector sanitary sewer service utilities provide, repair and/or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiencies in their respective service areas,.as, may be required to meet or exceed ~e Level of Service Standards established in this Plan. In addition, public sector sanitary sewer service utilities will be expanded as necessary to provide for future growth. # ?olic~ 1.1.1: Continue the development of the Collier County Regional Sanitary Sewer system consistent with the Capital Improvements element to correct existing deficiencies and provide for future growth. Policy 1.1.2: Consistent with the urban growth policies ~f the ?uture Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to the service areas shown in this Plan and to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Policy 1.1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, the County will establish and iuplement a program req=iring that private sector sanitary sewer service utilities establish and file with the Collier County Utilities Division an annual statement of their policy and and service criteria, including level of service provided, consistent with the goals, objectives and policies of this Plan, for the expansion and/or replacement of their facilities to correct existing deficiencies and provide for future growth within their respective service areas. $ Polic~ 1.1.4: Permit development of package sewage treatment plant systems only within the Designated Urban Area of this Plan only in areas where County wastewater service is not currently available, and allow same only on an interim basis until said County service is available. Allow individual septic systems %~ithin the County only when connection to an existing central system is not readily accessible to render service and note that where septic systems are allowed, and future County AGEN f Amended May 19, 1992 SS - 105 NOV 0 & 1997 sewer service becomes available, said septic systems will be required~w to connect to the County regional system. Polic~ 1.1.5: Continue enforcement of ordinances requiring connection of existing and new development to central sanitary sewer systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 88-4. Policy 1.1.6: By January 1, 1990, review existing criteria and re~Alatory framework for septic tank installations and determine the suitability of same for Collier County; by December 31, 1990, implement local ordinances regulating septic tank.~installations, if above review indicates need to do so. ~z- Policy 1.1.7~ The County will give planriing and budgetary, priority to regional sanitaz~ sewer system projects which ~¢i!1 provide the means for phase out and connection of existing package sewage treatment plants and areas of high concentration~ of septic ~anks where such facilities may reasonably be expected to adversely affect public health and safety or th~ environment. ~ Policy 1.1.8: %~ere Community Development Districts, or similar special districts ~ are established to provide a tool for developers to finance infra- structure or other purposes, ~hol!y or partially within the Collier county Water-Sewer District, sewer service will be connected to the regional system, and all facilities shall be conveyed to the Collier County Water-Sewer District for operation and ¢%mership in accordance with Collier County Ordinance 88-76; the Utilities Standards and Procedures Ordinance, adopted Sep~emA0er 27, 1988. Amended May 19, 1992 106 OBJECTrVE 1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, implement procedures to ensure that at t3~e time a development order is issued, sanita~t sewer facility capacity that meets or exceeds the minimu~ Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 1.2.1: The following Level of Service (LOS) standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: [Note: The County Standard of 100 gpcd (gallons per capita Der day) plus the 21% non-residential adjustment factor discussed in Section III is presented below as 121 9~cd (100 x 1.21 = 121) for s~nplicity. ] LE~JBL OF SEP, VIC~ FACILiTYt SERVICE AREA STANI~.~RD Collier County Facilities North Sewer Service Area Central Sewe~ Service ~ea So~lth Sewer Service Area Marco Sewer Service Area 121 qpcd 121 gpcd 121 gpcd 121 gpcd ~k~y of Naples Facilitie~ Unincorporated Service Area ].21 gpcd ..~_L~ger~laJe~ Cit.? Facilities Unincorporated Service Area Independent D~s_tricts/pr~¥~te SecteK Swstems The standards hereby adopted are the following sewage flow design standards: (Source: Chapter 10D-6, Florida Administrative Code) 12]. gpcd commerc~a_l Airports a. per passenger b. add per employee Barber and Beauty Shops (per chair) 5 20 100 Bowling Alleys (toilet wastes only per lane) 100 Country Club a. per resident member b. per member present SS - 107 f'lo. ~ NOV 0 1997' TY'2 ]~ OF c. per employee GALLO~B ]~ER 2O Dentist offices a. per wet chair b. per non-wet chair Doctors offices (per doctor) Factories, exclusive of industrial wastes (gallons per person per shift) a. no showers provided b. showers, provided Food Serwice operations a. ordinary Restaurant (per seat) b. 24 ho~r Restaurant (per seat) c. Single Ser~'ice articles only (per person) d. Bar and. Cocktail lounge (per person) e. Drive-in Restaurant (per car space) f. Carz7 Out only 1. per 100 square feet of floor space 2. add per employee Hotels and M6tels a. Regular (per room) b. Resort Hotels, Camps, Cottages (per person) c. add for establishments with self service laundry f8cilities (per machine) Office Building (per worker) Service Stations (per bay) Shopping Centers without food or laundry (per square foot of floor space) Stadiums, Race Tracks, Ball Parks (per seat) Stores (without food service) a. private toilets, for employees only (per employee) b. public toilets (per square foot of floor space) 2OO 5O 25O 2O 35 50 ~5 25 30 50 50 20 !00 75 40O 2O 5OO 0.1 5 20 0.1 Theatres a. Indoor, Auditoriums (per seat) b. Outdoor, Drive-ins (per space) Trailer/Mobile Home Park (per trailer space) SS - 108 5 10 NOV 0 4. 1997 TYPE OF Travel Trailer/Recreational Veh±cle Park a. Travel Trailer (overnight), without water and sewer hook-up (per trailer space) b. Add for water and sewer hook-up (per trailer space) Swimming and bathing facilities, public (per person) Insti ut o_n _ l Churches (per seat) Hospitals (per bed) Nursing, Rest Homes (per person) Parks, Public Picnic a. with toilets only (per person) b. with bathhouse, showers and toilets (per person) Public institutions other than schools and hospitals (per person) Schools (per student) a. day-t~ b. add for showers c. add for cafeteria d. add for day school workers e. boarding-type Work/Construction Camps Semi-permanent (per worker) Residential Residences a, Single Family (per bedroom) b. Apartment (per bedroom) c. Mobile Home not i~ a Trailer Park (per bedroom) d. Other (per occupant) GALLONS PER __DAY {GPp~_ 5O 10C 10 200 100 5 10 100 15 5 5 15 75 50 150 150 150 75 Footnotes-. For food service operations, kitchen wastewater flows shall normally be calculated as sixty-six (66) percent of the total establishment wastewater flow. Systems serving high volume establ.isl~ments, such as fast food restaurants and service stations located near interstate type highways, require special sizing considerations due to abov9 _ average sewage volume expected from restroom faci ~-~i~a~p~!~% NOV 0 4 1997 SS - 109 Polic~ 1.2.2: In order to ensure these LOS standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 1.2.3: These LOS standards are the minimum criteria for replacement, expansion or increase in capacity of sanitary sewer treatment facilities. Policy 1.2.4: Annually review historical sanitary sewer demand records and adjust these LOS standards..i~.so_.indicated ay said annual review. BB - 110 1997 NOV O 1997 OBJECtiVE 1.3: By January 1, 1990, the County will develop and implement a comprehensive strategy to ensure utilization of environmentally sound and economically beneficial methods for disposal of treated sludge and septage. Policy 1.3.1: Include sludge de-watering facilities with all County wastewater treatment plants to produce sludge de-watered to a degree suitable for use as cover material for County landfills. Pulicy 1.3.2: By January 1, 1991, investigate and deter~ine feasibility of utilizing sludge and septage..for_agricultural, and horticultural use. SS - 111 AGEND T . . 40V 0 4_ 1997 OBJEC=iF~ 1.4: By Janua'~y 1, 1990, the County wil]. promote the use of treated waste- %~ater ef~'luent for irrigation purposes in order to provide an envirortmentally sound disposal met2~od and to conserve potable water and groundwater supplies by developing and implementing an integrated, comprehensive strategy for the following Policies. Policy 1.4.1: }~egotiate agreements with area golf co~Lrses to accept and use treated ~;astewater effluent for irrigation when and %;here same is available from existing and future wastewate]: treatment plants. ]~olicy 1.4.2: ~[dentify existing-end-future-publicly owned lands suitab].e for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians, and incorporate these into future planning for treated wastewater effluent disposal. 'Policy 1.4.3: Identify existing and future privately ownaed lands suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and cor~ercial/industrial parks, and incorporate these into future planning for treated wastewater effluent disposal. f Policy 1.~.4: At such time as ft is anticipated that effluent and/or irrigation supplies will-be available, ~ithin eighteen (18) months thereof, establish criteria for dual ~ater systems (i.e., separate potable water and treated wastewater efflu~ent) in new subdivisions. f Policy 1.4.5: Where Community Development Districts, or other similar special districts are established to prove, de a tool roi' developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and/or other irrigation sources, shall be connected to the regional system when available, and internal facilities shall be conveyed to the Collier County Water-Sewer District for operation and ow~ership in accordance with Collier County Ordinance 88-76; the Utilities Standards and Procedures Ordinanc.a, adopted September 27, 1988. Amended May 19, 1992 112 AGE, ' · . Nc,. ~ N0V 0 1997 4 # OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize t_he use of existing public facilities through the development order approval process by implementing the following policies. # Polic~ 1.5.1: Discourage urban sprawl by permitting central sanitary sewer systems only iii the Designated Urban l~ea of the Future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. ~ # Policy 1.5.2: The County will discourage.urban sprawl and the proliferation of private sector and/or package sanitary sewer treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities. No existing pri',ate sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits. Amended May 19, 1992 113 AGENDA .ITEM NOV 4 ]997 "AI,IIIAI~'f ';I WI I~ I A(;IIIIII !i COLLI ER COUNTY GR0~U~H KA/q~GEMt/qT PI~A/N PUBLIC FACILITIES ELEMENT Potable Water Subelement January, 1989 A/headed Kay 19, 1992 RE-PRINTED FEBRUARY, 1991 RE-PRINTED & RE-FORMATTED }fAY 19, 1992 AGENDA ITEU.. Nc)..~ NOV 0 ~. 1§97 =OAL1: ~0ALS, OBJECTIVES AND PObICI~_~ TO PROTECT THE MEKLTH A/FD SkPE~TY OF THE PUBLIC BY E]~SURING ACCESS TO ENVIRO~ALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES. OBJECTIVE 1.1: The County will locate and develop potable water supply sources to meet the needs of the County o,~ned and operated systems for the five (5) and ten (10) year planning time frames of this Plan, said supply sources meeting the minimum Level of Service Standards established by this Plan. Policy 1.i.1: By January 1, 1989, complete current investigation of the Coral Reef Aquifer as a potential potable water supply source. Policy 1.1.2: By April 30, 1989, develop and implement a proqrram for the protection of existing and potential potable water supply sources. Policy 1.1.3: By January 1, ].996, commission an update of the 1986 Water Master Plan to include ident&fication of potential future potable water supply $ sources so as to maintain adequate potable water supply sources. NOV 0 1997 ~ t OB,TECTi-VE 1.2: The County will implement the following policies to make certain that public and prJ.vate sector potable water se~-vice utilities provide, repair ar, d/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective se~ice areas as may be required to meet or exceed the Level of Service Standards established in t3~is Plan. In addition, public sector potable water service utilities will be expanded as necessary to provide for future growth. f Policy 1.2.1: Continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement element to correct existing deficiencies and provide for future growth. Polic~ 1.2.2: Consistent with the urban growth policies of the Future Land Use element of this Plan, provision of central potable water sera, ice by the County is limited to the service areas shom~n in this Plan and to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Policy 1.2.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, require to the e×tent of the County's authority private sector potable water service utilities, establish and file with the County a statement of their policy and criteria, consistent with the goals, objectives and policies of this Plan for the e>cpansion, replacement, and/or repair of their facilities to correct existing deficiencies and provide for future qro'~h within their respective service areas. f Policy 1.2.4: Permit development of potabie water supply systems or individual potable water supply wells within the County only on an interim basis when connection to an existing central system is not readily accessible to render service and recfuire connection to the County Regional System when available. Policy 1.2.5: Continue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they' become available. Connections to a central system shall be made pursuant to Collier County Ordinance 88-4. ~ Policy 1.2.6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructu_re or other purposes, wholly or partially within Collier County Water-Sewer District, water se~.;ice shall be connected Amended May 19, 1992 P'~ - 72 ,NOV 0 4 1997 to the regional system, and internal facilities shall be conveyed too the Collier County Water-Sewer District for operation and ownership in accordance with Collier County O~dinance 88-76, the Utilitie~ Standards and Procedures Ordinance, adopted September 27, 1988. PW - 73 ^GEt~.~^ I[E~. NOV 0 4 ~997 ~]~ OBJECT1-VE 1.3: By the time mandated for the adoption of land development re~ulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, izplement procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimuz Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Polic~ 1.3o1: The following Level cf Service (LOS) standards are hereby adopted and shall b~ used as the basis for deter-mining the availability of facility capacity and_the, demand generated by a development: [Note: The County standard of 135 gI~cd (gallons per capita per day) plus the 21% non-residential adjustment factor discussed in Section III is presented below as 163 gpcd (135 x 1.21 = 163) for simplicity.] FACILITY~SERVICE AREA COLLIER COUNTY FACILITIES County ~{ater and Sewer District Marcc Water and Sewer District Goodland Water District LEVEL OF SERVICE STANDA3RD 163 gpcd 200 gpcd 163 gpcd CITY OF ]~PLES FACILITIES Unincorporated Service Area ~TVERGIJtDES CITY FACILITIES Unincorporated Service Area 163 gpcd 163 gpcd INDEPENDENT DISTRICTS/PRIVATE SECTOR SYSTEMS The standard hereby adopted is the following "sewage" flow design standards: (Source: Chapter 10D-6, Florida Administrative Code) TYPE OF ESTABLISHMEB~ COM~.ERC~AL Airports a. per passenger b. add per employee GkLLONS PER DAY {GPD) 5 20 Barber and Beauty Shops (per chair) 100 Bowling Alleys (toilet wastes only per lane) 100 Country Club a. per resident member b. per me~uber present c. per employee PW - 74 100 AGEHD;~ 0 4 1997 Dentist Offices a. per wet chair b. per non-wet chair Doctors Offices (per doctor) Factories, exclusive of industrial wastes (gallons per person per shift) a. no showers provided b. showers provided GALLONS PER ~_A¥ (GPDI 200 5O 250 20 35 Food Service Operations a. Ordinary Restaurant-(per.seat) 50 b. 24 hour Restaurant- (per seat) 75 c. Single Service articles only (per person) 25 d. Bar and Cocktail Lounge (per person) 30 e. Drive-in Restaurant (per car space) f. Carry Out only 50 i. per I00 s~lare feet of floor space ii. add per employee 50 g- Institutions (per meal) 20 5 Hotels and Motels a. Re~l].ar-(per roo~) b. Resort Hotels, Camps, Cottages (per person) c. add for establishments ~ith self service iau. ndry faciliti.es (per machine) 400 Office Building (per employee per 8 hour shift) 20 Service Staticns (per water closet and per urinal) 250 Shopping Centers without food or laundry (per square foot of floor space) 0.1 Stadiums, Race T~acks, Ball Parks (per seat) 5 Stores per square foot of floor space 0.1 S%;imming and Bathing Facilities, public (per person) 10 Theatres a. indoor, Auditoriums (per seat) 5 b. Outdoor, Drive-ins (per space) 10 Trailer/Mobile Home Park (per trailer space) 200 Travel Trailer/Recreational Vehicle Park a. Travel Trailer (overnight), without water a" hookup (per trailer space) P~ - 75 s NOV 0 4 1997' ~ALLONS PER TYP~ OF ~S~IABLISH~.Eh~ DAY (GPDL Travel Trailer/Recreational Vehicle Park (continued) b. Travel Trailer (overnight), with water and sewer hook-ups (per trailer space). 100 ~.NSTITUTIOmNAL Churches (per seat) Hospitals (per bed) (does not include kitchen wastewater flows) Nursing, Rest Homes (per bed) (does not include kitchen wastewater flows) 3 200 100 Parks, Public Picnic a. with toilets only (per person) b. with bathhouse, showers and toilets (per person) 5 10 Public Institutions ct. her than Schools & Hospitals (per person) !00 Schools (per student) b. add for sho;;ers c. add for cafeter'.'..a d. add for day school workers e. boarding-type Work/Construction Camps Semi-permanent (per worker) 15 5 5 15 75 50 RESIDENTIAL Residences a. Single or multiple family (per dwelling unit) I bedroom and 600 s~are feet or less heated or cooled area bedrooms and 601 - i000 s~are feet heated or cooled area 3 bedrooms and I001 - 2000 square feet heated or cooled area 4 or more be¢~ooms and mor~ than 2000 square feet heated or cooled area 150 30O 45O 600 b. Other (per occupant) 75 FOOTNOTES: 1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty-six (66) percent of the total establishment wastewater flow. Systems serving high voi~e esta~blishments, such as fast food restaurants and service stations located near interstate type highways, require special sizing considerations due to above average sewage volume expected from rest_room facilities. AG ENJ)A, IT£M. NOV 0 1997 Policy 1.3.2: In order to ensure these LOS standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy !.3.3: These LOS standards are the minim~= criteria for replacement, expansion or increase in capacity of potable water supply facilities. Policy 1.3.4: Annually review historical potable water demand records and adjust these I~S standards if so indicated by said annual review. P'W - 77 N0. ~ NOV 0 1997 $ OBJECTIVE 1.4: By June 30, 1992, the Co~hnty ~;ill promote conservation of potable %,ater supplies by developing and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. Policy 1.4.1: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 1.4.2: Identify existing and future publicly owned lands suitable for irrigation with-treated_wastewater..effluent, such as government building grounds,, parks,', and. highway.medians, and incorporate these into future planning for. treated wastewater effluent disposal. Identify existing and future privately ow~.ed lands suitable for irrigation with treat.ad wastewater effluent, such as cemeteries, nurseries and commercial/industrial parks, and incorporate these into future planning for tueuted wastewater effluent disposal. # Policy !.6.4: Pursuant to general law (Chapter 91-68, Laws of Florida), by November 1, 1992, adopt a resolution promoting the use of ×eriscape techniques (drought resistant landscaping) to minimize potable water use for landscaping irrigation. # Policy 1.4.5: By June 30, 1992, develop a public water conservation program for reducing potable water use. $ Policy 1.4.6: At such time as it is anticipated'that effluent and/or irrigation supplies will be availble, within eighteen (18) months t3:ereof, establish criteria for dual water syst~ms (i.e., separate potable water and treated.wastewater..effluent) in new subdi¥isions. Amended May 19, 1992 PW - 78 NOV 0 4 1997 Pi-~ ,~ # OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector potable water sel-vice suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. J Policy 1.5.1: Discourage urban sprawl by permitting central potable water systems only in the Designated Urban Area of the Future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. '~ # Policy 1.5.2: The County will discourage urban sprawl and the proliferation of private sector and/or package potable water treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities. No existing private sector or potable water treatment systems will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits. Amended May 19, 1992 PW - 79 AGENDA ITEM NOV 0,1 1997 Amended May 19, 1992 EXECUT IV-E SUMMARY STAFF REVIEW 4~ND RECOMMENDATIONS RELATIVE TO ORDINANCE 92-31, AS A,~IENDED, ALSO KNOWN AS TIlE LIVINGSTON ROAD COUNTRY CI,UB PUD, WItICH, ACCORDING TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY THE PROPERTY OWNEFUAGENT, IIAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF TIlE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR TIlE BOARD OF COUNTY COMMISSIONERS TO CONSIDER. _QB_.J_F.,_CTIVE_i Staff is requesting that thc Board review staff's findings and recommendations regarding the above referenced PUD. _C.D_NSID}:',[LAX~: This PUD was originally approved on May 12, 1992. Section 2.7.3.4 of th: Collier County I.and Development Code requires that the project developer submit an annual report on thc progress of development, commencing on thc fifth anniversary of the P[ID approval by the Board of Count3,' Commissioners. The singular purpose of this rcpor't, is to c,.'aiuatc whether or not the project has co~nmcnccd in earnest in accordance with thc criteria set forth in Sccti,)n 2.'7.3.4. This report :,.'as tentatively scheduled for a public hearing in May but was wilhdrawn at ~he request of the o',vnet so they could submit an amendment to the PUD. Subsequently, thc PUD Amendment petition ,,,.'as withdrawn by thc owner, thereby necessitating thc re-submission of this PUD time limit consistency report. -['he above referenced PUD has been identified as a project which has not commenced construction as defined in Section 2.7.3.& Staff has utilized the required PUD status (monitoring) report, supplemented by field observatmn and review of in house records to verify the current status of thc PUD and as the bas~s of a recommendation to the Board consistent with lhcoptions provided in Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads a:~ follows: 2.7.3.4. Time limits for approved PUD master plans. Iu the event that a PUD master plan is giveu approval, and the landowner(s) shall: Fail to obtain ap?royal for improvement plans or a development order .for all infrastructure improvements to include utilities, rattds and similar improvements required b.v the approved PUD .':raster plan or other development orders for at least I5 percent ,~['the gross land area of the PUD site every five )'ears of the d,~te of approval by the Board Of County Comnffssiouers; and I1 . NoV 0,1 1997 pg. ,~ Fail to rcccive fittal local dcvclopmettt orders for at least 15 percet~t of the total tHlmber of approved d~,'ellittg uttits itt the PUD, or itt the case of PUD [¥ consisting of notlresidential uses, 30 flercetlt of the total appro:'cd gross leasable floor area withilt the PUD every sir )'ears of the date of approval by the Board Of ~'OIIIII)' Contmis.~iotlers. Thc projcct developer shall submit to the Plant, lng Services Director a st=tus report ott the progress of developmet:t atmually commencing on ihe fifth attni¥'ersary date of the PUD approval b), the Board Of County Commissioners. The singular purpose of the report ,,ill be to evaluate }~,hether or not the project has commenced itt earnest itt accordance },'ith the criteria set forth above. .5'hould the Plantting ?em'ices Director determine that the developme~t has commettced itt earnest, then the land shall retaitt its existi~tg ?UD approval attd shall not be sttbject to additionaf review attd cot~sideratio:t of new de['clopmertt stattdardx or ttsc modification. ShoMd the Platmit~g Services Director determine that the developmettt has not comntettced itt ear;test, the;t upon review a~td consideration of the report pro~'ided by the owtter attd att), supplemctttal ittformatiot~ that ttta)' be pro~'ided, the I]oard Of Cotlttl)' Co:~tmi.xsiotters shall elcct otte of the folfo~ving: To extettd lite cttrrett: PUD apt;rovttl for a mtz¥iti~um period of t~vo )'car.s; at the ettd of which time, the o~%'tter will again sttbmit lo the procedure as defittcd herein. Require the o~vner to submit att amended PUD itt ~,'hich the unimproved portiotts of the origittai PUD shall be consistent n'ith the Gro}vth Ma.,~agement Platt. The e~risting PUD shall rentain itt effect until subsequettt action b)' the Board of the submitted amendment of the PUD. If the owt~er fails :o submit an amended PUD within sir mottths of Board action to require such att amended submittal, then the Board ma), initiate proceedings to re~one the unimproved portions of the original PUD to an appropriate zoning classification consistent with the Future Land Use Element of the GMP. In the case of Developments of Regional Impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained n'ithin the application for develol;ment approval attd approved as part o fa developme~tt order in conformance with F.S. § 380.06. ,..,nopJ. ls of Approved L~Lnd Usg,t: The subject 482 acre PUD was approved for 407 single family and 343 multi-family residential dwelling units. The PUD also a~t~ ~ I ~ NOV 0 4 1997 2 Pg. for 19.i acres allowing an 15 hole golf course. Lastly, the PUD provides for 41acrcs of conscn'ation areas. Cgp..sistLr,.cy with Cor~3pr¢}lxnsi','e Gr0wlh ,Xl~n_a_gg__mcnt Plan: The subject PUD is designated Urban Residential in the Future Land Use Element (FLUE) of the Growth Management Plan. The base density in this area is 4 units per acre. Since the PUD only allows for 750 units, the resulting density of 1.56 units per acre is consistent with thc density rating system of the GMP. The PUD is also deemed consistent with tile Traffic Circulation Element and the Open Space/Natural Resource Element with minor revisions to various sections within thc PUD document. f.20.n..hBtcn.~' ,vi. th_tt~ Colli_c.r_LT_0_~.~nty_Land_J2~d.9.1~.l~l Code: '~e PUD has been distributc,t to the appropriate jurisdiction :-cview entities specifically for review of the PUD for consistency with current land devdopmcnt regulations. Based on that revic`.v, the follov,'ing incon~,istencies have been identified: Tra~:sportation: Section 9.1 of the PUD ('lrafflc Impacts, access management, etc.) No inconsistencies v, crc reported however, staff advises that certain references should be char, ged to reflect current administrative regulation if the PUD is to be amended. Environmental: Section 12.3 of thc PUD (Protected Species, green and open spaces) i'4o inconsistencies ',,,'ere reported however, staff advises that certain references should be changed to reflect curt'eot references if the PUD is to be amended. Engineering: Section 11 .I of the PUD (Sewage;Water, drainage issues) No inconsistencies were rcpo~lcd however, staff advises teat certain references should be changed to reflect current administrative regulation if the PUD is to be amended. In addition, Section 3.8 of the PUD document indicates that agricultural uses and/or exemptions shall be permitted through ?',,lay 1997. The petitioner is also requesting that this be granted a t;vo year extension through November 4, 1999. ,.hTA FF COMMENTSi Staff is of the opinion that there is insufficient justification to require an o'amer to submit an amended PUD simply because the PUD references codes that are now consolidated into the Land Development Code, or otherwise have references of administrative import that have been changed in the most recent LDC amendment. These references are not made invalid because they changed or are otherwise placed in a different legislative document. Their closest or most similar relationship to current references applies in the administration of PUD development commitments. More importantly, is whether or not there is any absence of development commitments needed to make the PUl with today's code requirements. Staff review does not indicate that th~ inconsistencies or omissions that are now necessary to achieve ct 3 Development Code requirements as made applicable to subsequent required development approvals (i.e. Platting and/or SDP's). FISCAl. I5IPACTi An amendment to this PUD, as recommended by staff will havc no fiscal impact on Collier County as the appropriate PUD amendment and other applicable fees will cover the cost of staff time associated with review of said amendment, and the cost of advertising and public notice. STAF_E_Ig.F~ ~_O_.M3jE~TION; Based on a comprehensive review of this PUD document, staff recommends that the Board of County Commissioners grant a two year extension of thc Livingston Road Country Club PUD per the attached resolution. DATE ROBERT g. MULHERE, AICP CURRENT PI.ANNING MANAGER DATE DONALD W, AI1. NOLD, AICP DATE PLANNING SERVICES DEPAR)TMENT DIRECT'OR VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION SUNS ET/RVB/rb AGEN DY~ lT..EM NOV O 4 1997 Pg._ (0 RESOLU'F I O:~ 97- A RESOLt'FION B'f THE BOARD OF COLRJTY COM. MISS]ONERS OF COLLIER COUNTY, FLORIDA, PURSU;d~-r TO SECTION 2.7,3.4 OF THE COLLIER COO,'NTY I~ DE'VELOP~EN"7. CODE AFFECTING ORDI~;ANCE 92-31 F2~OW74 AS LIVINGSTON ROAD COb'NTRY CLLrB PULP, EXTENIDING THE CLIRRE~T PUl) APPROVAL 'fO JlP~E 17, 1999; AJ%'D PROVIDING A~ EFFECTI%rE DATE. WHEREAS, the Livingston Road Country Club PULP0 Ordinance 92- 31 adopted on Nay 12, 1992, is subject tc the provisions of Section 2.7.3.4., of the Land Development Code (LDC) , Time Limits for Approved P~3D Zoning Districts together with their respective Master Plans; and W7HEREAS, the Fb--~ was adcp%ed ccusistent with and under the provisions of th,g Collier County Growth Management Plan; and WHERE31S, the Beard of Count}' Commissioners has reviewed the PLrD and has determined to extend the current PIID Zoning for two years, untll June 17, 19~9; and ~;OW, THEEEF©RE 5, E IT RESOL¥~D, by the Rcard of Zoning Appeals cf Collier County, Florida that: The above recitals are adopted herein by reference as if fully set fcrth herein. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. Pursuant to said section of the LDC, the current PUI) approval is hereby extended to November 4, 1999; at the end of which time the o%rner shall submit to the procedures in LDC Section 2.7.3.4. The agricultural uses and/or exemptions is hereby extended through November 4, 1999. This Resolution shall become effective in~nediately upon its approval. BE IT FlYR~{ER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for AGEN~A1T£M which the extension is granted. NOV 0 4 1997 -1- This Resolution adopted after motion, second and majority 4 8 9 11 14 vote. Done this day of , 1993. BOARD OF COUNTY CO~4ISSIONERS COLLIER COUNTY, FLORIDA 16 19 7o 21 26 27 ATTEST: DWIGHT E. BROCK, CLERK TIMOTHY L. HANCOCK, CHAIRMAN APPRO'v'ED AS TO FORM AN~ LEGAL SUFFICIENCY: b'J~RJORIE M. STUDENT ASSISTA2;T COU~;TY ATTORNEY -2- ~o. NOV 0 4 1997 · P L%\ ,'A'ED b~Tr D E~'FL O P ,% lY.N-F for LIVLNG~'TON ROAD COU~q-RY CLUB ' Pr~Fared By: HOLE, .MO~FES & AiSOCIATES, 715 Tenth Street South Naples, Florida 33940 Revised February. 26, 1992 Sunc 11, 1990 H.V~ File No. $$.126 AGENDA IlEM_ NOV 0 4 1997 TABLE OF CO.","TE>,'TS.. SECTION I STATE.NfEN'T OF COM?LI.&NCE CECT!ON II PROPERTY r~,~,,.T.~c-4~ ~,, ~. ,. _,,~...,. LEGA"-- DESCRIPTION. · '- '~:N OF U~';IFLED CON,'~, OL SHORT ~ AND ST,xT=.N .... ,-I' SECTION EEl STAS'e~X, fE2'~? OF LN'TEN-[' ,&N'D PLAN APPROVAL SECTION FV SL';GLE-FAMIZY DEVELOP,X~-NT REQUIRENLENTS SECTION V MULTI-FA~MILY DEVELOPMENT REQUIRE.XI:ENTS SECTION VI CLUSTER HOUSDgG DEVELOP,~CT REQUIRE_M:E.NTS SECTION VII GOLF ~N'D COUN'IT, Y CLUB DEVELOPNfFNT REQUIREMENTS SECTION VIZi OPE'4 SPACE:CONSERVATION ARF..-X DEVELO?MENT RE Q UIREMEN"P3 SECrlON IX TR~NS?ORTAT'ION RE Q ULRE.M]ENWS SECTION X UTILITY REQ U'ffiENFFNTS SECTION XI WATER NIANAGEME:NT ,-kaNT) ENGL\'EERLNG REQUIREMENTS SECTION XII ENVIRONMENTAL ST,-MN'DAR DS LIST OF EXHIBITS EXHIBIT I - P.U.D. MASTER PLAN EX. Hi'BlT 2 - LEG/,-L DESCRIPTION 1 3-5 6-8 9-10 11-12 13-14 15-16 17-I9 20-21 22-23 24-25 "°' NOV 0 4 1997 SECTION I STATEMENT OF COMPLL.~.",'CE The devc]c?mcnt cf 482"- r:crc'~ of propc,? in Sec:ion !!, 12 and 13, Tc'.,,nshi? 48 Rang,:. 25 Fm.~:, CotUcr Counv, Florida as a Planne~ Un:: Dc,.'elo:me,,t to be kn.o~.m as dsc Livingston Road Coumr7 Club ~il1 be in compl:ancc 'Mth the planning _;u~ts and of Collier County for the following reasons: 1. The project is consistent w/th ag applicable elcmenu of tl:,e Collier County. Grcv,'th Management Plan, as th. is project aUow~ less that two dwelling unJu per ac'to whereat, -: the Growxb Management Plan allows up to three dwelling units per acre. 2. The project incorporates nzmral systems into either preser,'e areas or as L'negral components of' the water management system to enhance th:ir namr.',l func.son. The project is campatCole w/th adjacent land uses th. rough tt:.e internal arrang:mcm of structures, thc placement of land use buffers, transitions in land use, and the proposed development standarcts. 4. The project includes dedication of public r/ght-af.ways for the north-south nr.d east- west ex'ten.sion of Livingston Road. 5. E.x-ter~si',-e open space spaces are included dwcughom the project to pro~'/dc for the recreation~ nce~ of praj,'ct resid=nts and to prese.we thc imegr/ry of natur.',l features. 6. All improvements shall be in compliance v4th all a ' pphc .... Count' re~:lations pcnairZng to comtmction and design. AGENDA ITEM. NOV 0 4 1997 S£CTION II PROPERTY OWNERSHIP. LEGAL DESCRIPTION. SHORT TH'I_E AN'D STA.'!-EME.',,-F OF UNIFIED CON"~OL 4__1 PRC~PERTY · The subjea pmperq is ~rrently owned by A~sociates of Livingston Road, Led. SeC'ate.ached h:gal description in Exi"dbit 2 for project lands locat:d in Section II, 12 and 13, Townskip 48 South, Range '~d East. Collier Counb', Florida. This Ordinance shall be known and cited a.s '"Livingston Road Country. Club Planned UnSt Development Ordinance." 2-4 STAT'gME:'CT OF UT, II-TED CONTROL It ~ the intent of thc A.~ociatez of LMngston Road, Ltd. to develop a Plan. ned Un.it Development t~f apprcximately 482± acres on propers'! located in Sections 11, 12 and 13, TowrmNp ,58 South, Range 25 East. T'rJi statement represents that the Asiociates of l..M=gston Road, Ltd., currently hm land under unified control for the purpose of obtaining PUD Zoning on the subject property. Development of this Planned Urtit Development will occur in accordance wkh the submitted Pl2a'med Urtit Deveiopment Regulations and any ccnditiom thereof approv,'d with the Rezone Petition as described and agreed to with. in the PUD Document. AG Z N D~..~T I~ .~]. NOV 0 4 1997 SECTION III STATE.XL!::NT OF L",'TENT A_ND PL.N ,-t? P .R O ',.',M_ 3.1 ,:"N ,'TRODUCTION It is the intent of the Project Sponsors to develop a planned residential community., with a doit' course, open spaces and a mix of sin~e-famil? and mu!ti-family land uses on ~ acres. It Ls ~e purpose of ti'ds document to provide the required development £~hdard~ for tT, e projec~ a.nd commitmenu of ~he praject to implement the proposed develqpmeot standards. 3.2 p_Lk\N APpR~OVAI~ 3.3 ,~.- Stc'r,,~nn 3.2.A. - "Clmnges and variations in building shall be permitted ','ia the Prellmlna. ry Subdivision Plat (PSP) process or the SDP process in accorda.nce with t~e Subdivision Regulation..s and the .,tandar~ contained herein. In no case shall a final Site Developme~-t Plan (SDP) be approved until the plat for the tract has been approved." Sec':5oll ~..2..~. - "Cor, ztruc:~on of t,he golf course may proceed once the plat has been ~pproved a.ud prior to recording of the plat in accordance with the approved SPS and ,.i:e Sec'~Jgn 3.2.C. - At flee rime of Subdivision review and approval for each subctb,;aion phase, the size and comSTaration of residential lots shall be identified, along with t~c a.s~ig,mment of the number of residential dwelling units for each tract. For each suc=edh'~g subdMsicn andJor SDP, a able shall bc included wNch .~ummariz= thc total dwelling units assigned for thc pending approval, in order to facilitate lhe. County's moni=cr/ng of the project. O .ENE.K~I~ Unless otherw/se noted, the definitions of all te ,r',,,s shall be the same as the de.qnitions set foah /n Co~'cr County Land Development Code (LDC) in effect at ~he time cf building permit application. 3.4 L.AYD USE rNTENSITFES Tract boundaries set forth on the PUD Master Plan are intended to set forth the types of uses permitad in the development. Notwithstanding regulations contained, herein, or the PUD Master Plan, residential dwelling units may be shifted from one tract to another as long as the total number of dwelling units permitted, 750, is not exceeded. However. the multi-family tract located on the south side of Livingston Road ,,rill be limited to a dcnsit-y of twelve (12) dwellings per acre. AGENDA IT£~. NOV 0 4 1 97 SITE CLEARING ANO DRAINAGE Cleating, grading, earthwork, and site drainage ,*'ork shall be .:e,'q,'ormed in acccrd',nce with applicable Collier County. Codes and Ordiaances, and th-..qand:r~s and coma'tomcats of this document when et'fecdve. 3.,5 EASF, XC;'CTt F,qR ~.., ,,_.rFp=_., F..asemen~s, where require< shall be provided for water management areas, ut~;i;s and other purposes as may be needed. 3.7 tM] necessary casements, dedications, or other instruments shall be ~anted ~o insure the ccnti:~ued oper'adon and maintenance of all s.'.rvice utilities and w~:.il be Lq substantial compliance with applicable re.~,ladons in eff:c~ at the time apprcv'eds are requested. MODEL._HOM-~,'~:.~=~O.,~. CE - PI~.OJ'ECT PLAN AI'PROV.AI.. No more th,'m tN'cc "Dry Model," may be constructed prior to recording of a plat for t?,,' project if' applied for by the project o..v'ner. Site(s) for the model(s) must cc.,~'m'-m to zoning ~tandarcLs and be located on a future plaued lot. A me:es and bound, legal description shall be pro','~ded on the site pl~n required as part of the buiJdin, g pc.e-mit issuancz. Access shall be provided to each model [rom the model -.e~wing nq a "Sales Center" or an approved independent "Sales Cen~er". Acces.~ sha.lJ be for pedes~a~ traffic onJy, no paved road will be allowed. A "Sales Center" may be construc:ed prior to recording of a plat. The "Sales Center" shall be [L"nJ~ed to one s:ructure (one building permit). It may be serviced by a temporary, utility system (i.e. d~ well and septic tar~drainficld) prior ta avaiiab~ty of central utility. ~'=tems at which time connection to thc central systcm will be made. Interim fire protection facilities in accordance ,,,4th NT'PA requirements are required unles~ a permanent ,va~er system is available to serve the Center. Review and approval of lhe "Sales Center" shall follow the requirements of the SDP proeess (LDC Section 3.3). A metes and bounds legal description shall be provided as pan of the application. Access to the "Sales Center" shall be provided by a paved road or temporary drivcway which meets County. standards. A water management plan must be provided which accommodates the runoff from the "Sales Comer", the required parldng and access road/driveway and any other impervious surfaces. The system shall be designed to fit in ~vith the master water management system for the entire development. At the time of building permit application I'or a "Sales Cen~cr" a temporary, use permit shnlI be obtained. "Sales Center" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate at' Occupancy for model purposes only. Models may not bc occupied until a NOV 0 4 '1997 -- 'pz'n'n:,ncnt Ccrtificatc oi O¢cupnnc;' is issued. .A, G R 1 cLrUi-L~A....L USES completion of' ~trucdon of ths East-Wcst FOr,ion al LS,.'inss:an Road thc proper'n., L~ ~,',~ch aa. sc ih'¢ asriculmra~ usc o,'~&rar ,'x:mpdan for thc proper'O.' shall no !cr.~cr be pc m',Jc;zd. NOV 0 4 1997 SECTION IV SINGLE-FA.MiLY DEVELOPMENT REQUIREMENTS The purpose of this Section is to set forth th.' permitted uses and re,=ulatiorm for the a~e~s designated as SinBle-Family Residential on thc PUD Master Plan. 4.2 o Where specific develepment standards are not scl forth in t~.is document, applicable development stand~d~ that are in effect at the tLme p,:rraits are re'quested fi'em the CcLUer County Land Development Code (I_DC) shall apply. 4.3 .PEP,.MTTI-ED RES1DEN'I'IA,L USES ,A.N"D STRU~ES A. Uses and Structures: No building or sm~cture, or part thereof, shall be erected. a]t:red or used, or land or water usecL in whole or in part, fcr other than th,' following: 1. Perrniued ~rq.p__ei_2al Uses and ~;trJemr¢~ a. $ingJe-famlly housing. b. Ccmmonly owned recreational open space. 2. Permitted ACCeSSOry U~es and Sm~ctures: a. Accessory, uses customary, in residential areas including essential services, model homes sales offices and recrea:ional facilities, inciudiag similar k/~ds of uses. Signs in accordance with DMsion 2.5 of the 1.2nd Develo?rr. ent Code and Section 4.3.B."/ of this document. c. Gatchomes. d. Privacy and ,:arty walls. Develgpment Sta, ndards S.._]nctle Family Minimum I.,qt. Area: RSF- 1 6,000 S.F. RSF-2 7,500 S.F. RSF-3 I0,000 S.F. AGEND,~ ITEM \ NOV 0 4 1997 2. Minimum Lot_Wi~lb,: RSF. 1 Corner. '70 FT. interior. 60 FT. RSF-2 Comer. 75 Fl'. Interior - 70 FT. RSF-3 Comer- 95 FT. ~merior. 80 .vT. Cul-d"-s~c Lots- 40 I-T. (front yard} Miniroum Sct~aclc$ from Tract Boundaries and P:ooerrv I. incs as rn¢~surcd Accesr~ry ~ RSF-2 RSF-3 ~J~L~ Front Yard: 25 ~ 30 10 Side Yard: 7'A TV: 10 l0 Rear Yard: 25 2.5 25 10 PriacipaJ Struc~res: ~ Five (35) fee',. Ac2ssm'y S~-x~ctuzes: Twenty (20) feet. 5. Minimum F"loj)r A,r.~: RSF. 1 1,200 S.F. ljvi.ng area RSF.2 1,200 S.F.l.h'i.ug area RSF-3 l j00 S.F. ih'Lng area F'ark~ng: In accordance with the Development Code. requirements of the Collier Counu Land ao The deve:loper intends to create a uniformlv designed special signage and identifi~tion system, including but not iimited so, subdivisicn and entrance signs for the project to complemem the imended development lhemes and architectural sD. les Such signs may be located at .',11 projec~ entrance po/ms as well ~s ~i other focal points within the development ,with the ~pproval of the Pl:,nning Services Manaeer or his desiunee ,nnd ~he standard~ wiii be enforced through res~ric~iv~ covenan~ and/or ~Fch/~ectural comrol~. AGE I No. ~ NOV 0 1997 b. A one hundred (100) square foot entrance sign or nvo (2) fo~.' (40) square foot eh:fence signs are per'miued at each major entrance. 8. Integration of Different He. using Rc:o~,tz:i.ng th?.t :ha p:an~ ~'cr d:','e!u?ment of T, acts ha, e .,'.at be'.n ss¢c;rie, d beyond el,her single ar mu!:i-~':~il)' d:velopmem and fi,at alii'fete:it rl,.Tes cf residential development are }ermiued :hereon, the approval of any specific SDP or PSP for development o[ such Tracts, or any part of thereof, with rcspcm to tl~e partic~.d~r v:'pe o[ residential dwellings and thc location and m. ixmre ~ereof, ~511 be based upon and take into consideration s=ch of the follow'Lng factors as a.,'e deemed appropriate by the Planning Services Manager for the harmonious development of each Tract ~th a minimum of Nte.-ference between different hausinvo .types. Physical separation of housing 5Tes into discre:e areas. Landse2pe or construe:ed barriers between differen~ housi, n.~ 'q:'pes meeting at n min~um ~e s~:mgar~ of Division 2.4 of O',e Lancl · Dcvel,2. pment Code unJess modified by the Plarming Servic,:s Mas:ager, or open space deemed appropriate by the Plarming Services Manager. c. S,-:.ptration of housgng types by common amenities. Consistent wi~h the foregoing, the developer ~ not mix indi,4duai sLngtc- family O~,e 'llLngs ,.,.'ith attached single.family or with multi-family dweiilngs. AGEN~, ITEM '~ NOV 0 1997 ,,.. SECTION V lviULTI.FAMIL¥ D£VELOPME.",'T REQUIREMENTS 5.1 5.3 PU'RFOSE Tk.= pu.q:'¢:c of this Sec:ion is to, s~: forth :hr. petrol:ted uses ~nd rcgulatin~ for the are~ designated ~ Muhi-F~n~ily Rcsidentiai on thc PL'D Mz~:cr Plan. W'ncre spec'tic development standards are not set forth in this document, applic~ble d=velopment s:and~c:b from the Collier County Land Dcvclopmem Ccx~e :~k, all apply. that are in efi'ec~ at the me permiu are requested. E_K~_D_2~N'TIA2,. USES A.X'D STRUCrb'RES A. Use~.Od__Sct'uetgr;s: No building or structure, er part thereof, shalj bc erected, adtcrcd or used, or ia.nd or water used, in whol~ or in parr, for other than folJov4,-~ ~.: 1.~¢rmiued Principal U'scs_~nd St,-'ucturcs a. SingJ¢.f:~mny housing. b. Commonly owned recreational open space. 2. Permir~.e.d Accessory U~c~n~d Structures: Acc~s'.or), uses for any structure customary tn residential arc~ including csscntial services, model homer., sales of'rices and recreational facilities, including sim/Jar k. inds of uses. B. Pcvclo2ment Standards Sinel; F~miiv i. Mipfmum Lm Area - One (1) acre 2. ~f~imum Lot Width. One hundred fif~, (150) 3. Minimum So,backs from. Tract Boundaries ~nd Property Lines: a. Front Yard: Thiro, (.30) feet plus one (1) foot far each ~'o (2) feet of building height over thirty. (30) feet. b. Side Yard: Fihccn (1~) feet plus one (I) foot for each ~ (2) Icc: of building height over thir~ (.30) I'cct. AGEND4 I'[ EW_& NOV O 4 1997 Rear Yard: Thirty. (30) feet plus one. (I) foot for e~ch two (2} £cct of building height over thir~ (30) feet. ' ~a.frnum Height 9f St~ctur¢$ - Forty-five [45) feet. Distance Between $!rVc~v.'cs - Bctwe-.n any t~'o (2} pfincip.~l sz;uczurcs on the same parcel there shall bc provided a dis~2nce equal to onc-h'~if ("/:) sum of the~r hei.~ht.~. ~[b~im'~m ~r ,~c~. - Six hunor:d (~0) s:.~re ;c:~ far on-'. (lJ bedroo,u and seven hundred fi~7 (7-~0) for two (2) bedroom units. Par~ni - In accordance w~th ~e sundards of :he Collier County. l.~nd Development Code when pcn~ axe requested. [.~nd:capfn.~ ]~ . A l~ndscmpe buffer shall bc pro','ided ~1ong the pc~ctcr of ~y muiti-fa~ly ~eu ~hat arc cn:mal to thc project bounda~ ~ accordan~ ~th ~h: standards of Division 2.4 of ~he ~nd D~'clopment Code when p:~u are requested. 10 AGEND~ .o. NOV 0 4 1997( SECTION P,' CLUSTER HOUSING DEVELOPME.N'T REQUIREMENTS 5.1 6.2 The purpose of this Se:tion is to set fcnh the permitted use,t and development regulations for cluster housing m'ea~ on tl:.. PUD Master Plan. V&.cre spe'cific development ~t~ndard$ are not '.et fo~h ~n tNs document, applicable development standards or' the Collier Cou=ty. Land Development Code shall a~ply that are in effect at the time permits are requ=sted. 62 ~ER.~rTT~D USES At,T) ST~U~=_..S Use~ aln.d S~ruc~re~: Nc building or structure, or part thereof., shall be erected, a. ltered or ~ed, or l~d or water mecl. in whele or in part, for other t.h,an ~e following: Single.family attached type dwe~2ing uniu includia'~g: vill~, townhouses. ~ero lot 15ne and p~tio homes, an other similar a:tached or detached single-family dwelling unit types in ail z.rca: desi.tmated for re',identi~l use on the PUD Master Plan. Z Ali accessory uses permitted in ~ingle.family or multi-family areas. B. Parking The off-street parking shall be as re:=ired bv ~he Land Development Code of Collier County at the time building perm.its are requested. C. I.,andsca =ini~ The lan~caping requirements shall I:,e as per the I.~nd Development Code of Collier County at the time building permits are requested. 11 NOV 0 4. 1997 D. Development $~andards P EI:U'dlTTED USES STA.ND~DS PATIO (ZERO CLUSTER SIDE TOWN DLrPLEX HOSLES YA.RD) HOUSE ,V~dmum Site Area Front Yard Setback 4,500 S.F. 4,500 S.F. 4,$00 S.F. 3,400 S.F. 15' 15' 1.5' 15' Side Ym'd Setback 10' 10' 10' 10' Lake Bank Setback 20' 20' 20' 20' Rear Yard Setback 20' 20' 20' 20' Rear Yard Setback 10' 10' 10' 10' Accessory Maodmum Building 15' 25' 25' 25' Height Distance Between 0' 0' PrLncipai Su-ucture 0' 0' Distance Between Principal & Accessory Structure 10' 10' 10' I0' ,',daxim u m Height 25' 2~' 25' ~' Accessory Structure -- Floor Area Minimum 1,000 S.F. 1,000 S.F. 1,000 S.F. 1.000 S.F. · A twenty, five (25) foot setback shall be required from all tract boundaries. · Where lot lines are not included in the cluster housing regime a ten (10) foot separation shall be required between structures. 12 NOV 0 4. 1997 j S£CTION 'vii GOLF A~\~ COUNTRY CLUB DEVELOP.MENT REQUIREMENTS 7.1 '' T',-'~ '~ui'F.~se c,f t~L" Section i~ to s~ funh t~ p~rmiu~d u~s ~n~ d~vciopm~m .... r:~ade~ for the Goff ~urse. '7.2 Where speciSc development standards are not set forth in this document~ applJ;ble development standards of Collier County Lznd Dc','~lopment Code shall apply that ~n effect at the dmc pcr'~ks n.re requested. 73 ~D tvL~',.S OOLF A.',"D cgL.'%'"FRY Perrrdttcd Uses and Str~crure~: lqo budding or structure, or par~ ihereo[, shall be erected., aJtered or used, or land or water used, in whole or in part, for o~her than the following: 1. PermitTed Principi~l 'Ul;,~siand Structures: a. Gol~ Course 2.. ?ermP,:ed Accessory Uses and Structures: a. Clubhouses, pro-shop, praaice dff~Lng r-~nge and other customary accessory uses of golf counes, or other recreational facilities. bo Small commercial establJsh.ments, includin~ iJf~ shops, golf equipment sales, restaurants, coc~2L1 lounges, and similar uses, intended to serve patrons of the golf course nnd other permitted recreational facilities. Multiple tennis courts, shu~.eboard courts, sv,'imming pools, .~nd o~her types of facilities intended for outdoor recreation common to a country club. Roads, pathways, accessory, uses and structures customarily associated with the permitted use, includin~ but not limited to utility s~r'uctures, water management facilities, maintenance shops and equipment storage facilities, non-commercial plant nursery, etc. e. Polling places in accordance with Section 2.6.30 of ~hc Land Development Code. 13 AGE A T -. N0¥ 0 4 1997 t B. Dcvcloorncm SIandards Oolf Cour~_ aa OvcralJ site design shall bc harmonious ft, terms of landscaping, enclosure of structures, Joe. arian of ::ccss st:::u u,~d D.~rking :~;c~s and :ocafior, and tre'~trncnt of ~'*'~: ' bo Build:rigs sh~ll bc set back ;, minimum of fifty. (50) feet frum abutting residential districts and :he setback area shall be appropriately l~dscapcd and maJntained to act is a buffer zone. No parking wijJ bc aLk~,vcd ~ thc buffer. 2. ~,4a.:dmum Hei.~LL.gJ_~¢ture~: Fora/(40) feet. ?arld~: The off-street parldng shall be &s required bv the Zoning Ordinance of CoLLier County at the title buiJding per'mits arc' requested. ~.~ffc fin Maintenance and equipment stor~ge areas shall be screened fram adjoix~-~g ~ properties i~ accordance ~th the stand,xrds o~ Section 8.37 of the Z~ning Ordinance. 14 8.1 8.2 ....... SECTION Vlll OPEN SPACE.:CONSERVATION AREA DEVELOPMENT REQUIREMENTS ~c pu .r~s~. o:' tb~ Se.",_~o.n L~ to ~ct f~nh ch~ pc~tt~d us~ and tc~ia~om for :he open sparc/cur,~c~aticn arc~ ~ wc~l ~ ~c proj~'~ dcvelcpmcn: ~e~a for t~ ~~ ON OPEN SPA~/CQNSERV~QN ~ P~i~O g~?s a~: No building or ~t~ctur~, or pan thereof, ~r~c~d. ~t~t~d or m~& or l~nd or wattt m~d. ~n whol~ or in pan, for other than th~ foUo~g: P~ ~d play~oun~ b. B~g, ~ and natur~ Na~e pr~s~ and ~id~ sanctuary,. d. R'~a~on~ shulton and r~troom f~d~. Water m~agcm~nt st~ctur~s. g. Pathos, a~oU us~s and at~c~r~s cmtomafilv aaaociated ~h p~tt~d usa, including but not li~r~ ~o mili~ at[uc:ur~a, lak~a, water manag~m~,nt facilities, arc. h. O~h~r si~lar ~ds of r~cr~ational and open ~paca us~s which ara compau~le ~th the foregoing ~duding a.dcul~ural uses ontv until }ugh ~mc ~s dcv~o~menl commences on the Pc~itted Acg~ssom Usts ~nd ~c~ures: a. Accesso~ uses and st~c~ures customarily associated ~th principal uses pe~ittcd in th~ D~c~. b. Maintenance and storage ar:as and structures that do not imerfere with the function of natural systems. 15 NO. ~ NOV 0 4 1997 The developer shall establish a Property. Owners' .-Lssociadon for ~he project which wiil be responsible for the maintenance and conservation or' the open space,'conser'vafion areas, recreafinnal iacili,ies, private streets, sidewalk. ~arks and o:her cc."..rr.c:', faciliri-'.~. AGEN T NOV 0 4 1997 .~._,~ SECTION IX TRANSPORTATION REQUIREMENTS 9.1 ,"19,:¢ pu,"pese of this se~ion is to set forth :he gene:cd trar, s?..er:z:ion co;r~m::mcnu for the project. Co "Fac County reset,ex file ,9ght to t)rohi'ok median openLy, ds within one quarter (Y,) of a mile et' thc. Lntersec,Jon ~f the nontu'somh and e~t/west se .r,~ems of Dvingston Road at the time of roadway muhi-larfi, ng (.: or more lane.s~. t ne entrances to thc single.fa=21y and multi-fam/Jy tracu on the eas¢~eest se[m3ent of L/vingston Road ~hatl be in aJ./gnment. any of the entrances are to be gated, the cate house shall be designed and located so a.s not to cause vehicles to be backe~d up to LJvingston Road~ The developer shall prov/de left and r/ght turn lanes at al/projem entrances and shall be responsible for the cost of aU necessary modk%at/ons related to project entrances upon the four-leaxLug of either segment of l.M.n~ton Road. The developer, or his a~igm, sha~ provide a fair share contn'bmion toward the capital cost of a ua.fflc si~al at any project entrance when deemed warranted by the County. The signals shaiI be owned, operated and maintained by Collier County. Ho The developer shall prov/de arterSal level street iightLng at all project enu~ces. Access to the golf course maintenance facility shall be l~mhed to r'/ght tums in and fight tur'n.s out upon ~he four..lardng of L.iv~gston Road. The developer shall donate road Hght-of. way along all ~onta~es under his control on both segments of L/v/ngston Road consistent with the preliminary right-ot'.wav map approved by the Board of County Cormm/ssioners and subject to remio~ appli~ble to final road design and final r/ght-of-way requiremenm Since it is recogrfized by all pan/es that subject development activ/Ly is dependent on thc progress of the LMngston Road MSTU, the tit, hr-of-way donation shall be made within 90 days of Rezone approval by the Board of Cc~unrv Commissioners ~nd subject to a right-of-my agreement w/th the County. All right.of-way donations · shall receive impact fee credits to the e:nent allowed in the Road impact Fee Ordinance. All required improvement, excluding right.of-v,.av, donaticns, are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward 17 No. 1 NOV 0 l g7 i L any impact fees required by ~hnt Ordinance. 'l'bey sh-~ll be in place befor~ any Certificates of Occupan~ are issued. All traffic con:roi devices used. excludi.,g ,,feet names sig.-.s, shall cnnfcrra. ' ) Uniform Traffic Control ,")evicts as required by Chapter the ,Ma~a, or) Road Lcpa:t fees sh~ be h'~ accord.~nce v,,ith :he sched'_qe cont~i.'~ed in Or:~ ..... ce 85-55. or ~ it may be amended, and shail be V~dd at the. time building permits are [iiued unJcss otherw~e approve.d by the Board of Count:y Commissioners. In the event that 12v~gston Road ha~ not been completed and open to traffic prior to the begi.r~g of cons:roe:ich for th: sa~d deve!opmen~ tho develovment may ~ a~owed to proceed under ~he foUo~g condi~ons: 1. Cons~cfion of the ~jt~ work (~clud~g golf course, lakes, roads and ~ranage) ~ ~e pe~uefl Io proceed ff ~he developer, or h~ ~si~z, can :mute leg~ acc:ss for constrac~zn to ~e site. If the ~'~ngs~on Road ~dor ~ to be ~ed for co~ction access ~o the development that po~o~ of ~e ~o~souuh ~ton Road Corridor emending from Cour~ ~e somh~dly to the north H~t-of-~ay ~= of ~ ~gsmn Road Co~dor sh~ be me~ only punu~t lo a a~cem~nt ~th the Counw w~ch shaU, ~ a m~u~ address the The extent to which CoZer County. and/or the developer has obtained ail nece~aty a.n.d reqvired perm.i~, includLng but not limited to, U.S. Army Corps of Engineers ('USACOE) Dredge and FLll Permit. Florida Department of Env~rorm'~ental Regulation (FZ)ER) Permit, South F]orSda Water Management Di.s:.dct (SF'Wi.M_D) Pc~fi:. U.S. E.'v,'Lronmentat Protection Agem..'y P,',"mh and all Collier County. Pr.,'-rni~. A written a~e:ment berween Collier County. and the developer that the developer ~,'iil abid~ by all permit conditions and accept all responsibili .fy for the work ~thin that Corridor. That the design and construction of the access road wi:bin the nonhYsouth Livingston Road Corridor shall be a paved roadway meeting the requirements to be incorporated into the Collier County Livingston Road Project. Other. vise, the developer may petition for the construction of a temporary, acccss&aul road in accord with thc Collier County Right-of. Way Ordinance. do The developer shall provide sufficient proof of legal access and ~he right to use that portion of the north/south Livingston Road Corridor to be u.~ed and as described herein. AG EII.~A~IT EM bio..~ NOV 0 4 1997 ,. Should the construction access activiW of the developer be concurrent '~th Caf. liar Counry.'s construction of Li',in.~ston Road. the access to the devclopn:em may be terminated il' a conflic; c.'dsts bc~'een the t~'o ac:h-:ties. The developer shall indemni~' and ho',d Collie,' County. harmless flora delay'claims put forth by County Cer4ractors. '.'he de;,:ir, per sha:: ob:;.L", wr[uen pcrmiss;¢n :mm C.',iii¢.,' C.~ur,.",' Tr~:sportat~cn S~r, ices DMsion be[ere und-.n.~4.n._- :ny activity any portion of :he LJ,4ngston Road Conidor (either the e'..st/west or thc non~sout.h comdor). Temporary. public access'Ha the paved rcadway outlined in, item l(c) shall be ac.4:eptnble for access until th~ carapl~tion of I2.4ngs~on Roar by Collier County a_nd a~y and all work n¢cessar)' to adapt thc temporary, pubtJc access roadway to the CotlJer County I.J','/ngston Road project sha].l be accom?~shed at thc d.cvclopcr's cost. Nothing herein shall preclude thc developer ~nd CoiiJer County. fi.om entering into an agreement whereby th: developer would construc~ any se~ent of c~ther LK'in.~ston Road Comdor in accordance w/~ CoLLier County desi~ plans and applicable permi~/n order to cstabUsh access to ~hc 1.2v'~stan Road Count:y Club project. Any such aDeement would se~ forth the terms and conditions af said comtrucfion nmi a,.:cess. M. Building pc,'-m.iu and Cer'~tSc~tes of Occupan~ may be issued for the 8o1~ course, clubhcas¢ and maintenance bu~din~s ff the project developer ~n pro~de tempom~ pubic a~ ~a a paved road to ~hc site and a~ rcqu2he ~m~:turc ~provemcnu ~clu~g those pen~g to adequate ~e protection ~ong ~h approp~ate pe~ ~om ~ agencies ~th jurisdiction Lnclud~g compU~ce ~th the Subd~ion Re.lariat. Such temporaw access sh~l be c~csed when the ma~ project en~ce ~d ~gston Road are camplezed. 19 NOV 0 SECTION × UTILITY REQUIREMENTS 't.'hc p~pcse ~f this Section is to sc~ for:h the uti![tics requirements which m~; b'- accommed~-ted by thc project dc,~eloper. Water distn'bution, sewage collection and transmission and interim water an~or sewage treatment facilities to serve thc project arc to be desired, construc~ccL canvcy,:.d, aw'ned and mah'~tained in ~ccordancc with CoLUer County Ord[nanc: No. 88-.76, ~s amended, and other applicable County ruics and rcguiations. AL1 re, seamers conneming to the water distribution and sewage collection faciJJtics to be constructed w/il be customers of thc County and ~:dl bc billed by thc Court .ty in accordance ',,4th Count's estabUshed rates. S?,ould thc County. not be in a posi~on :o prcr,4d,, water and/or sewer, customers shall be customers of thc L~ter~ u:~V established to serve the project until the Counv's off-site water and/or sewer faciJitics are available to serve the projem. It is a.nficipated that ~hc Count'/Utilities Division vSll ultLmately supply pct.~ble w-atcr to mcct thc co~umpt~¢ demand and/or r~c and treat thc generated by t~ proj=ct. Should th= Coun~ ~:cm not be ~ a position ~o supply potable ~tcr to thc project and/or receive thc project's w~tcwatcr at ~c ~c development commcn:~s, thc d~vcloper, ~t Ms c~cmc ~ ~ta~ and opcmtc Mtc~ water supply and on-sit~ treatment facflhics anchor interim on-site sewage trca~cnt and disposal faciUtics ad~quat~ to mcct aH rcqukcmcnu of approp~tc rc~lata~ agencies. ~ aDc~m~nt shall bc catered into b~ccn Counv and thc developer, binding th: developer, ~s assigns or successors regarding any intc~m treatment facilhfcs to bc utilitY. ~nc agreement must be ]cgaUy su~cicnt to thc Count, p~or to thc approval of construction documcnu for thc project and Ec ~n co~formanc~ with thc requirements cf Collier Coun~ Ordinanc~ No. 8~7~. as amended. Do If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak'dav domestic demand, in addition to fire flow demand at a rate approved by the a~propriate Fire Control District servicing the prqect area. Utilities Improvements: Water The existing off-site water facilities of thc District must be evaluated for h}drnulic capacity to sen, e this project and reinforced as required, it' necessary., consistent 2O AGENDA.IT,EM NOV O 4 1997 whh the Counn.'s Wa~e: ~ias:c; Plan lo i.-.surc that thc District's water syscom can hydraulfc~ly pr~Mde a suf~clcm quantit}.' of wale; :o mce~ the anticipated demands of abe prajcr~ and uh: Db~,'ic:'s c.~sdn~ cor:..-..iued capaci~'. S CW~l' fat hydra~: ~pa~' ~o se~-~ ~s ~ra?c: ~nd ~t~.'e: ~ required auricle ~h~ projec~ bo~/ ~o pr~adc ~dequa~ ~paci~ :o ~r~ thc a~didona! ~ta~2ter genc~ted ~4~au: a~.e~e ~pac~ ~o d~e r~mg ~r~sion facilities. F. Imer~a.1 ~-~mr m~..~s shall be loaFed ~o zhe e_'~em :',*~.uJred by Co~cr Counw U t~lJdcs DK,~io~. Go Projec~ de','~loper a~ees to ~t~s~ ~e County. in loc~g a sui~ble sire ~ ~he ~ of ~c ~ze;~e~on of oo~sou~ ~d c~'~ ~on Ro~ If a s~mble ~te h not fo~d p~or :o PSP app~ for ~e proje~ projem d~cloper ~ e[~c~ a) a~e a ~ (2) ,~e site ~o be ~c~d u~n ~ the U~ D~ion, P~j=u R~ Sen~ ~d ~ ~o~en b) prm~de a ~ (2) ~c p~cel o~ ~e t~n (10) a~ ~a l~tcd ~aja~nt ~o ~d sou~h of ~o~ ~ad (Le. ~c nor~'~l qua~er of ~e ~or~we~ quarter ~f Sec~on 13, To~p ~ ~u~ R~e ~ ~ ~er ~9., 21 SECTION Xl · WATER NtANAGEMENT AND ENGINEERING REQUIRE.ME.N-I'S 11.1 ?URPOSE ,'T~,~ 9::cpc:,-. of thi~ $¢cr~or, is to s~t for. h Ma. naffer.':,st Advisor/Bc,at:L which sti~,,.'i~tions d=v~icper. A. Detailed site drainage plans shall be subm/tted to Project Review Services for review. No cons:ruction perm/ts shall be issued unless and umil approval of the proposed construct/on in accorda.ncc with the subm/ncd plans is .re'anted by Project Review Scm:cs. B. A' capy of the SF'¢,.'M]D Permit or Early Work Pe..":ait is requ;.,,efl prior to corm'ruction plan approval. C. A master a.~ociation will be responsible for the operation and maintenance of on- site drainage fac/l/des. Do Ho Jo The County, MB prov/dc an ouffall i~ the I../vin.~ton Road ri.i.,ht-of, vay to acc,.opt project drayage requh'emenm Design and comuucdon of all improvements shzU be subject to comuLL'mce with the appropriate prcrdsiorts of the Collier County SubdMsion Regulations, An F_xc~vadon Per'm/t will be required for the proposed lake(s) in :~ccordance with the Call/er Counw Ordinance No. 91-102., Division 3.5 and SF'W~,[D rules. The ma~mum depth shall be in full compUan~ w/th Ordinance 91-102, DMsion 2.5. Work w/thin Collier County. right-of, way shall meet the requirements of Coll/er Coun ,fy fight-of, way Oral/hartco 82-91 Access into each tract as shown on the master plan is informational only. Locatian and number is subject to PSP or SDP ~pproval. This project is recommended for approval for re:,ning purposed on(v. PSP shall be submitted and approved at a la:er date. The project shall be platted in accordance w/th Collier Counn- SubdMsion Regulations to deft.ne the right-of, way, trac~s, and easements as shown on the master plan. K. The PUD Master plan does not constitute the PSP until ~he PSP is approved by the County Board of Commissioners including all exemptions :hat may b~ 22 I NOV 0 lgg7 , L oo No Ro ~equestcd. ]-~kes near wetlands shah be relocated a minimum ~'o hundred (20{)} :'eft t'rom the wetland in accordance v4th SF%,.'MD rules unless soil or other data shows that the wetland hydroperiod would not tee adverse!y atYec:ed. A m.L'~imum one hundred (I00) foot !::.kc setb3ck from any tire, t-of-way be m~;ntaL",ed u:le.~s u:i!'.",;ng eh; lake ~ctba:k :.,;.-x.::~ justifying a r.'.duct:c;, in the setback :equ{:emcn~ ~ti~ appropriate. ~a~c;~ can ~'e p,'o:'klcd. A copy of USACOE and F'DER Fe.'mit for any a!:eration done utc. get their jurisdiction is required prior to construction plan approval. Il' proposed Livingston Road ~ght.-of. way is not completed prior to the commencement of on-site development by this project, petitioner shall clear su~ent right-of-way and construct an out~'all to accommodate the discharge. subje= to C:~ie.r County. Transpona~on Department approval. This ou::'all sh'ail mimic the N.~torical drainage patte.m for the area. Prior to PSP approval, provide a copy of an aDeement be~,,veen ~h¢ petitioner and Co,ant.,, Tr~sponation Se,vices reg-,~ding coordination of thc proje= outfall loc. at/on, crossing and incorporation o~' the projec: discharge into the design o~' L.Ningstoa RoacL. TI::e dm, eloper und all subsequent landow'ners are hereby placed on notice that ~hey ~re required to ,.,atisfy the requirea~cnts of all County ordinances or codes in erie= prior to or concurrem with any subsequent deveio'pment order relating to th.is site. TNs includes, but is not limited to. ?reliminarv Subdivision Plat. Site Development Plans and any other app/ication that wiil rciult in thc issuance of a final or final local developmcn~ order. Ail conditions approved by the Water Management Ad~'isory Board at the meeting of April 11, 1991 shall be adhered to. 23 NOV 0 4 1997 j P~o ~ . SECTION XII ENViR ONM ENT.-~L STANDARDS The purpose of thLs Section !s :o '.ca fo.~.h :he sttpula::ons established by the Environ. memal Advisory Council. The development of this project shall be subject to these stipulations: Petitioner shah be subject to Ordi,qance No. 75-21 as amended by Ordinance No. 89-58 (preservation of nao,'e habhat and tree removal permit). Preserve area~ shall retain the existing natural canopy, undemoP,.,, and grou~dcover vegetation, and shall be maintained frec to exotic species in perpetuity. 3. Passive recreation is proh~%fted in the wetland preserve areas unless other'~se determined during SDP review. Punuant to Collier Count7 Growth Management Plan Goal 7, Objective 7.3, Policies 7.3.4 and 7.3.5, Conservation Eiement, tt:e petitioner shall retairt, big .cypress fox squirt', els, and any found gopher tortoises on site, or shall relocate ~ them a~ording to Flon'da Game and Fresh Water Fish Commi~ion ('FGI:'~V'FC) protocol after comae:lng and receiving approval from the FGIrW'FC. All plant species of special concern not whhin the preserve area~ and whhin the construction footprint shall be transplanted on site to preserve areas of suitable habitat. Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance No. 89-53 (removal of exotic species). Petitioner shall be subject to Ordinance No. 89.57 (usc of native s:ecies in land~caping). ' 10. Petitioner shall cease all development and construction a~tivities in the vicinity of any found archaeolo=fcal or historical site and contac: Collier County Planning Services, EnvirOnmental Review Stag. The 16.1 acre ST area within the subject property shall be retained within a preserve area as depicted on the PUD Master Plan. There shall be no land clearing associated with retaining approximately thirty head cf cattle or any other agricultural use on the site. 24 NOV 0 1997 ! 1. A. ny new clearing of land for :~.~riculture shall r.~t be converted to non- a~ricultural development ;'or at least ten ~ars. B. Pur~u~,nt to Ordinance No. 89.$3 and Collier Count',, Growth .Management Plan, Conservation and Coastal Man.~gement Element. G'oal 6, Objective 6.~ 6.2.Z 6.2.~. 6.Z9, 6.2.13, 6.Z14, and Objective 6.4, Policie~ 6.4.6 ~nd 6.4.7, there $h~ bc ns unacceptable net lo~ of ~ble naturally functioning fresh water we~and~. Seven,-five (7~) ~cre~, lhe equivalent of P. ven~-five (~) per,em of the ----~mg na:~ral habitat on silo (;.e. di~u~r~ed a~d ~gfic~:ll~rzl land ~e~ pot ir,~luded~. ~hall be ;e~ed. ~'.~o ('22) acres of lhe ~o:ai se~'enry.five (75) a~e: ~ha~ be ~e:ignated ~ prese~.'e areas. Di::fibution and amounI of additional ~re~&me area shall be de~e~ined and de~{~ated prior to PSP appr~al. Should the petkioner, p~or to the time of PSP appro~l, demonstrate that there ~:c le~ than t~ee hundred (3~) acrc~ of ~able naturMly ~n~on~g habitat on :{le, the a~eaSe of habitat reta~ed ~h~ be adjusted to comply ~th app~cable Counw ordzance~ and Grov,ah Management Plan ~oal~, object, e:. and policies. AGENDA iTEM. NO¥ 0 1¢¢7 i NOV O 4 1997 , .: I: AG E ND~L ITEM No. ~ NOV 0 4 1997 NOV 0 4 1997 EXECUTIVE SUMMARY APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN TIIE CITY OF NAPLES AND COLLIER COUNTY AUTIIORIZING RESIDENT BEACII PARKING WITIIOUT TIlE PAYMENT OF PARKING METER REVENUES OB,IECTIVE: To enter into an agreement that allows County and City of Naples (herein after the City) residents to park at cazh other's beach facilities without payment of parking meter fees. CONSIDEIL-VI'IONS: The Cit.,,' mid the County have had a beach parking agreement since 1991. Through this agreement City and County residents can, by affixing a free parking permit to their vehicle, park at any beach area operated by either agency without paying parking meter fees. The agreement calls fo:' a payment by tile County to the City to offset file maintenance and operating costs associated with thc disproportionate number of County residents that usc City beach accesses and parks. A recent rcqu2st by Cit',' res{dents for more access to Lowdemlilk Park has resulted in some revision to thc previous agreement form. These changes provide more permit parking for County and City residents at Lowdcrmilk Park by' ci~ang/ng 81 previous metered parking spaccx into permit-only parking. In turn tile agrccmcm incrcascs thc mmual paymcnt made to the City to offset lost parking meter revenues. The agreement has also bccn revised to provide for a five year tcml and a tcnnination clause that can be evoked by either party with notice at least 180 days prior to October I of cach 3'car. This 180 day provision provides notice during tile budgeting process of both parties alloxving for adopted budgets to reflect thc ter:nination it' it were exercised. 'Dfis agrccmc,i ~xas discussed at a joint meeting of the City Council and County Commission on Monday, November .'V~' at which both bodies itl a non-binding workshop vote unanimously approved the attached agreement. FISCAL IMP:kC'f: Thc agreement as constructed provides for a payment by tile County of $220,443 for FY 1997-98. In each subsequent .,.'ear the payment amount ',,,'ill be adjusted by the change in the U.S. Bureau of Labor Statistics Consumer Price Index for the Southeast United States, October through September annually. T'he increase in payment for tile change at Lowdennilk Park is $37,500. This figure is based on a 5'5%/25% split of an estimated $50.000 loss in parking meter revenues. The agreement has been written so that th: percentage split will be applied to the actual loss in revenue that is experienced by file City in subsequent years. Assuming that thc $50,000 loss figure is a close approximation, and assuming a 3% CPI increase annually, tho total cost of this agreement over tile five )'ear term of the agreement would be $1,170,362. Funds for FY 199708 payment arc budgeted at $185,400 amid will require a budget amendment from general fund reserves of 535, ] 00. GROWTII MAN..'xGE,XlENT IMPACT: None, as there is no level of sen'icc standard for beach parking spaccs. RECOMMENDATION THAT ]'HE BOARD OF COLLIER COUNTY COMMISSIONERS, adopt the attached intcrlocal agreement between tile Ci~ of Naples and Collier County. Florida, and authorize a budget amcndmcnt from general fund reserves for the increased 1997-98 payment. Prepared by:,, i¥.l~q~ T'homas (V~ Ollig~, 4.,~1i~ Se-r~Vices ^cblinis~ator 1997 Lowdermilk Park.: Parking SPACES TO BE CHANGED FR~M METERED TO PERMIT PARKING 82, ~I26 Permit (P HandiCap ~Hc) Meter (M) Total Spaces FOR CITY-COUNTY BEACH PARKING THIS AG lie E,xlENT, made and entered into this ~ day of ,1997, by and between the CiTY OF NAPLES, a municipal corporation, hereinafter called "City" and COLLIER COUNTY, a politic:',l subdivision of the State of Florida, hereinafter called "County", to provide for the maintenance and op~:ration of the beach areas and related parking sites within the City of Naples and to provide for the Cot:htr to pay a portion of the expenses to provide for beach maintenance and free parking for Collier County residents. WITNESSETH: WHEREAS. thc City has built and maintained the beach area and related parking sites within the City; and WHERF...:.5, ti:.: County desires to provide for continued free parking for all County residents at the beach area :md rci:ttz,.l parking sites within the City. NO\V, '!'i i[!iCEFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as ,~ .~, s: I. A certain nu:::;:~.r of parking spaces at each beach area and related parking site will be reserved for permit park,::Z..~:~' ~ will not be metered. 2. The Cit3 and .'.hz Cotmty have implemented a reciprocal b~ch parking program whereby all residents of' Collier Co:em.. may obtain, at no charge, a beach parking sticker valid for free par'king at ,any Count>' or C;:', b~::'.ch parking location. Ti~e City agrees to ma~tain a program to distribute beach parking stick,.':'s to all County residents at no charge. ~"-ne County agrees to provide County beach parking stic!.:crs ::: no cost to the City. 3. The City will operate a beach patrol and maintenance program to provide for beach and beach parking rcgul:::ioa enforcement; beach and beach parking cleanup and beach and beach parking maintenance. 4. All expenses :::.d r~:vcnues for the beach and beach parking program ,,,,'ill be accounted for as separate funds o£th~: Ci:v ~n accordance xvith generally accepted accounting principles. 5. In return For fizz parking permits, regardless of the number issued to County residents, and for beach maintenm:cc scr". ices by the City, as described in Paragraph three of this agreement, the County shall remit an a,'m:::! F:tyrncnt tO the City.. The payment amount for Fiscal Year 1997-1998, beginning October I, 19~,7 :md ending September 30, 1998, shall be in the amount of $220,443. For fiscal years 1999, 2000, 2~;.L,!, a::d 2002 the County shall pay to the City the amount of the previous fiscal year payment plus :!:c ::mount of the annual percentage change in the Consumer Pr/ce Index (CPO. The CPI for purposes et' this agreement shall be measured by the 12 month change in the unadjusted U.S. Bureau of Labor Stz::istics CPI for the Southeast United States, October through September annually. The annual I)aylnc,t amount of $220,443 is based on an armual revenue reduction of' $50,000 from the removal o:' p::rking meters at Lowderrnilk Park, with County responsible for funding 75% of the loss and City responsible for 25%. The annual payment from County may be subject to a credit based on an annual audit of' the actual revenue reduction at Lowdermilk Park. County shall be credited against thc fo!low:ng >'ear's payment in ,,he amount of 75% of the revenue reduction at Lowdennilk Park which is !ess than the $50,000 projected. No adjustment shall be made to the annual payment amount in thc cvc::t that the revenue reduction exceeds $50,000 annually. 6. One-half of'i,.- p:tymcnt amount due shall be paid to the City not later than November 1 of each fiscal year. The rcm?.i.,i.~z one-half shall be paid not later than May 1 of each fiscal ;,'ear. 1 I OCT 0 q I997 lnter[ocal Agrccm:':~ Page 2 7. For the term o:';!::s ?,grccmcnt the City agrees to provide at least 1,156 frcc parking spaces located at street beach c::ds or City Beach Parks ~t ~11 b~ av~labl~ for v~hicl~s of Coun~ r~id~n~ with valid beach pa:km~ stickers. ~cse spaces ~y b~ metered, restricted for pe~t p~g or h~dk~ppcd i:~rkmg spaces as determined by ~ C~ but will bo ~d~ equally ava~abl~ at no ~ to Ci~, ~d Coun:v residents. ~y adjuslmen~ roma to ~ ~es of paring spaces will not b~ a b~is for ~y adjust:nc:~t lo ~e ~nual payment ~ by ~ County to ~ City ~der ~is a~ment. g. ~e City shall prox'td: mmual budgets ~d ~ual fi~ncial rcpo~ to ae Coun~ each y~ as s~n ~ re~onablc a2cr publication. 9. ~,is AErccmc::t m::v b~ mncndcd by mutual agreement of bod~ paaies in ~ting. ~s A~eem~nt may bc tcrm:n:::~d by tither pa~y giving ~ other P~7 ~en notic~ of t~natio% not lair ~ April Ist of c'ach calcadar year. Failure to notify ~ o~r pa~ in xwiting by ~at ~ r~sul~ ~ ~c automatic conl~n',~:mcc of thc Agrecment. 10. The term of 5::< ::gr:¢ment shall be for a period of five years commencing on October 1, 1997 and expiring o:: 5c?::':::?cr 30, 2002. l 1. The Cou::t':' :::drc'-'s to appoint a committee to study water activities and recommend capital projects, with this comn-;i::vc bring established by March, 1998. IN WITF!ESS \VHF'!.'.EOF, the paaies have set their hands and seals this ~ day of 1997. Attest: DWIGHT E. gk )C.K, CLEILK Deputy Clerk Approved as to form legal sufficiency: Thomas C. Paln:c: Assistzmt Cou::tv BOARD OF COU,~TY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. Timothy L. Hancock, Chairman CITY OF NAPLES By: Bill Barnett, Mayor APPROVED AS TO FOR2,1 AND LEGALr'D~ BY: ATTEST: Tara Norman. City C!crk Kenneth B. Cuyler City Attorney z: 102297beazhp~rkin g OCl O 4 1 97 EXECUTIVE SUMMARY APPROVAL OF PURCHASING PRODUCTIVITY IMPLEMENTATION PLAN. OBJECTIVE: To provide to the Board an implementation plan in response to the recommendations of the Productivity Committee's report regarding the County's purchasing processes and to obtain Board direction regarding specific policy issues addressed herein. CONSIDERATIONS: On September 23, 1997, the Productivity Committee presented a comprehensive report and set of 21 recommendations intended to further enhance the County's purchasing-related processes. Staff was directed to review the full report and develop a plan for development and irr, piecnent~tJ<:~. As a companion to this executive summary, enclosed is the proposed implementation plan. The plan contains seven phases, most of which wffi be completed over the next calendar year. Several of the items can be inves~ and in some cases, implemented without further Board approval. Others w,,71 require adoption of policies by the Board at a future date. The folkx~ng item~ require immediate Board direction priorto commencement of the enclosed 1) The Proposed Conflict of Interest Ordinance. The Committee recommended that the Board adopt an ordinance prohibiting former employees above a certain level from representing others before the County government for a period of two years after leaving County employment. Staff has carefully considered this proposal, but does not recommend adoption based on the potential negative impact on recruiting qualified professionals in the future and the potential difficulties in consistently enforcing such an ordinance. 2) Increasing the Formal Competitive Threshold. The Committee advocated raising the formal competitive threshold from $15,000 to $25,000. Staff concurs with this proposal, believing it to be consistent with the thresholds of other similar counties and recommends that the Board direct staff to prepare a resolution to this effect for subsequent adoption. In addition to providing direction pertaining to the two items listed above, staff recommends that the Board approve the implementation plan as proposed. FISCAL IMPACT: None at this time. It is staff's intent to identify prospective impacts on the CountT's budget by April, 1998 and incorporate them into the FY 99 budget process. RECOMMENDATION: That the Board of County Commissioners consider and approve the Purchasing Productivity Implementation Plan as presented herein. Steve C'a mell, Purchasing/General Service~ Director Reviewed By: ~(-'¢---c Date: Leo Ochs Jr., / Support Services Administrator MEMORANDUM Date: To: From: Through: Subj: October 17, 1997 The Board of County Commissioners Steve Carnell, Purchasing/General Services Director, CSM Robert F. Fernandez, County Administrator Leo Ochs Jr., Support Services Administrator Purchasing Productivity Implementation Plan Please find enclosed the proposed implementation plan in response to the Productivity Committee's Purchasing Subcommittee report. The plan addresses the committee's 21 recommendations through a seven phase response, each of which are described herein. The phases have been arranged roughly in chronological order with many of them overlapping or running concurrently. Also find enclosed a proposed schedule for implementing each phase. Each date listed in the schedule is by fiscal year and quarter (the latter of which is identified by roman numeral). The committee report did not specifically address the staff resources required to implement the recommendations. Accordingly, phases 2-4 include feasibility reviews that will verify the value of the proposed change and also assess the possible need for additional resources. The feasibility phases have been scheduled for completion in the second quarter of the fiscal year so as to ensure that any requisite additional resources are identified in the FY 99 budget process. The following is a definition and summary of each of the proposed phases: 1) Initial Tasks. This phase includes independent items that can be addressed and implemented expeditiously. These include addressing the proposed conflict of interest ordinance; increasing the formal competitive threshold to $25,000; investigating the consolidation of heavy equipment purchases; changing the professional services agreements to limit the authority of outside consultants to negotiate contract changes on behalf of the County and ensuring continuity and proper support from the County Attorney's Office. With regard to the conflict of interest policy and the adjusting of competitive thresholds, staff is recommending that both of these items be discussed .specifically with the Board before further pursuing (or not pursuing) either 2) Training/Development. This phase initially involves identifying and prioritizing training topics (many of which are referenced in and already gleaned from the report), assessing the (hard and soft $) resources needed to provide the selected curriculum and then implementing training to the ex'tent possible using existing resources. Should the assessment of resources identify the need for additional budgetary resources, said items would be included in the FY 99 budget process and if approved, imp;emented in FY 99. 3) Past Performance Data Base. Under this phase, staff would develop and implement a history-driven evaluation system for recording and assessing the performance of vendors over time. The data derived from the system would become a standard criterion for bid and RFP evaluation for future County contracts. The phase is broken into two sub-phases, ("Feasibility" and "Implementation" respectively). Under the first sub-phase, the concept would be further developed and researched to assure that all legai, policy and business issues have been properly considered. The impact on existing resources would also be assessed to determine if additional resources are required. If the concept is deemed viable and desirable at the completion of this sub-phase, work wourd proceed into the implementation sub-phase. 4) Change Order Negotiations and General Cost Analysis. Under this phase, staff would review current change order negotiation practices and re-visit the concept of an enhanced cost analysis function. Professional literature would be reviewed and a cost-benefit analysis conducted to determine if a more centralized approach to negotiation and analysis would be warranted. As with phases 2 and 3, the need for additional resources would be subsequently evaluated and incorporated in the FY 99 budget process. 5) Credit Card Purchases. This phase calls for Purchasing staff to competitively procure a contract enabling the transacting of small purchases via credit card. The program would be implemented on a pilot basis initially with the involvement of key support (e.g.; Finance) and operating (e.g; Facilities Management) departments. The program would operate as a pilot for a period of at least 30 days, evaluated and either expanded (with/without modifications) to all users or discontinued altogether, depending on the results of the pilot. 6) Bid/Contract File Review. Here, Purchasing will lead an effort to standardize the County's contract files primarily by identifying the critical documents and the appropriate custodian of each document. The results of this effort would be disseminated to the organization via memorandum and referenced in training courses. 7) Standard Contract Clauses. The Pu¢chasing Department already maintains several standard agreement forms and clauses. Under this phase, Purchasing staff would take steps to update these agreements and develop checklists to ensure the proper selection of clauses on a contract-by-contract basis. Questions concerning the plan as proposed may be directed to staff during the agenda item presentation. PRODUCTIVITY COMMITTEE RECOMMENDATIONS IMPLEMENTATION PLAN PROGRAM PHASE COMMENCENT DATE COMPLETION DATE 1. INITIAL TASKS · BCC Direction (Conflict of Interest, $ Thresholds, etc.) · Std. Heavy Equipment · PSALanguage Change · Legal Support · BCC Policy Changes 10-1-97 10-1-97 10-1-97 10-1-97 10-1-97 12-31-97 12-31-97 12-31-97 12-31-97 12-31-97 2. TRAINING/DEVELOPMENT · ID Curriculum · Resource Assessment · Partial Implementation · Final Implementation 1-1-98 1-1-98 4-1-98 10-1-98 4-1-98 4-1-98 7-1-98 3-31-99 3. PAST PERFORMANCE DATA BASE · Feasibility (Go/No Go): · ID Data Fields · Literature Review · Develop Conceptual Statement · ID Legal Issues · Develop Project Classifications · Resource Assessment 1-1-98 4-1-98 PRODUCTIVITY COMMITTEE RECOMMENDATIONS IMPLEMENTATION PLAN (Cont..) PROGRAM PHASE COMMENCENT DATE COMPLETION DATE 3. PAST PERFORMANCE DATA BASE (Cont.) Implementation (If"Go", Develop): 7-1-98 · Project Classifications · Evaluation Methodology/system · Data Collection System · Interface into Source Selection process BCC Approval of PPDS Policy 3-31-99 4. CHANGE ORDER NEGOTIATIONS AND GENERAL COST ANALYSIS Assess Current Situation (both concepts) · Review Professional Literature 1-1-98 4-1-98 · Develop Standards for CO Negotiations 1-1-98 4-1-98 · ID Costs/Benefits of greater centralization (both concepts) 1-1-98 4-1-98 · Select Appropriate Solution (including roles of various depts.). 1-1-98 4-1-98 · Resource Assessment · Implement and Institutionalize Changes 1-1-98 7-1-98 4-1-98 3-31-99 PRODUCTIVITY COMMITTEE RECOMMENDATIONS PROGRAM PHASE IMPLEMENTATION PLAN (Cont..) 5, CREDIT CARD PURCHASES · Analyze terms of available programs. · Identify key depts, for pilot procjram. Implement pilot and evsluate. · Expand to Full Implementation or discontinue pilot (depending cn results of pilot). COMMENCENT DATE COMPLETION DATE 4-1-98 4-1-98 4-1-98 6-30-98 6-30-98 6-30-98 7-1-98 12-31-98 BID/CONTRACT FILE REVIEW · Preliminary ID critical documents. · Ask select depts, to review + comment. · Draft/implement procedure identifying critical documents + custodian department. · Incorporate into training curriculum. 7-1-98 9-30-98 STANDARD CONTRACT DOCUMENTS · Create Terms and Conditions Checklist for training and quality control purposes. 10-1-98 12-31-98 Re--evaluate and formally ID the following: · Forms of Solicitation packages · Forms of Contracts f,;¢,, g:'/,_.eg? | EXECUTIVE SUM?vlARY APPROVE. FUNDIaNG EVERGLADES NATIONAL PARK $0TM ANNIYERSARY REDEDICATION $148,800, IS]ARCO ISLAND SPORTS FESTIVAL $160,000, AND MARCO ISLAND FILM FESTIVAL $295,000 TOURIST DEVELOP/~NT SPECIAL EVENTS FUNDS OBJECTIVE: To approve funding Everglades National Park 50~ Anniversary Rededication $148,800, Marco island Sports Festival $160,000, and Marco Island Film Festival $295,000 Tourist Development Special Events funds. CONSIDERATIONS: The Tourist Development Council reviewed applications for Special Events at the October 20, 1997 meeting. $449,280 was available for funding projects in this category.. However, an additional $731,100 is reserved for advertisements following an economic disaster. These funds can be allocated for special events if the Board of County Commissioners is aware that funding for economic disaster is being reduced. The recommendations of the Tourist Development Council require reducing the reserves for economic disaster by $154,520. Everglades City requested $148,800 for a year long advertising campaign centered around the 50~' anniversary of the dedication of Everglades National Park with the focus of the advertising being on the offse~son. The TDC recommended funding this event by a vote of 6- 1. The Marco Island YMCA requested $160,000 for advertising and promoting the Marco Island Sports Festival to be held June 5, 6, and 7, 1998. The TDC recommended funding this event by a vote of 5 - 2. The Marco Island Film Festival, Inc. requested $295,000 for advertising and promotion a film festival to be held October 15 - 18, 1998. The TDC recommended funding this application by a vote of 5 - 2. GROWTH MANAGEMENT IM2PACT: None FISCAL IMPACT: Sufficient funds are available in Fund 193, Special Events Tourist Development. However, reserves for economic disaster will be reduced by $154,520. RECOMMENDATION: Approve funding for advertising the Rededication of Everglades National Park $148,800, Marco Island Sports Festival $160,000, AGENDA ITEM Island Film Festival $295,000 Tourist Development Special Events funds, apl 'ove I'Jo.e~ ~: / budget amendments, and authorize Chairman to sign standard special events contract for advertising. Prepared by: Reviewed by: , Q-~~/- - ' a~~"~l st Date: 7- jean Gansel, Budget An y f~ ~~..~ Michael Smykowski, OM'fl3 Director Everglades National Park 50th Anniversary 1Rededication Tourist Development Council Application COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Grant Application Funding for Category B (Promotion and Advertising of Tourism in Collier County) and Category C (Local ProjecL~ and/or Activities which Promote Tourism in Collier County) Administrator ColLier County Tourist Development Council County Administrator's Office 3301 East Tamiami Trail Naples, FL 33962 , Name of Applicant City of Everglades City P.O. Bo~: 110 Everglades City, Florida 34139 Contact Person, Title and Phone Number Tammy Smallwood CiD' of Everglades City, Mayor Pro Tem Phone: 941/695-3781 Organization's Chief Official and Title: Sammy Hamilton, Jr. City of Everglades City; Mayor Is this an application for Category B (Promotion and Advertising of Tourism in Collier County) or Category C (Local Projects and/or Activities which Promote Tourism in Collier County) ? CheckOne: Special Events [] - AEEi,~DA ITEM NOV 'q Flow much TDC funding is your organization requesting? $148,$00 Briefly describe program including: . Organization's capability to promote Collier County as a tourist destination. The City of Everglades City and thc Everglades National Park are partnering to promote Collier County and I. be Everglades area as a premier ecotourLsm destination. Everglades City and the National Parks Ser~'ice have worked with the local citizens and support~g community and economic organizations to determine how best to showcase the Everglades amenities, attractions, hotels, and resorts. Both orgarti~arions have volunteered their efforts to market and promote the 50'da anniYersary ol'the Everglades National Parkas the centerpiece of the ecotourism promotion. A dedicated, toll-free number would be assigned in order to keep track of the number and origin of~sitor inquiries. A brochure would be produced with fulfillment handled by a full time professional to mail out the ecotourism promotional brochure. 'the Everglades National Park Rededication Ceremony will farce place on December 6, 1997 with National Dignitaries in attendance and expected national and international coverage of this historic occasion. The community would Li~e to promote a year long, selective advertising campaign to the German market through Florida ]ournal magazine with editorial copy and print advertising; to r'un January 1998, April 1998, July 1998. Additionally, through participation in the IT.B Trade. show, via catalog/brochure distribution in Berlin, Germany in March 1998. The intention of the distribution is to target room nights in the Collier County/Everglades area during the traditional summer travel months of the Get,nan visitor. In addition, the community would Like to target the Florida market for attendance at the event and to heighten the awareness of travel possibilities to the CoLLier County/Everglades area prior to and after season. Targeted markets would include Miami, Orlando and Tampa/St. Petersburg, Florida from November 3, 1997 - January 1998 and May 1 -August 14, 1998. AGENDA ITEM AppLications must be accompanied by the follo~4ng: a) Verification of governmental entity status OrigLoal - located Lo public record ~ie b) La.~t fiscal year financial statement Ocig/~l. located ix~ pul;iJc record ~tlc c) Incorporation papers unless specifically waived by TDC ..~e 7a d) Detailed Line item budget roi-program for both revenues & ex~euses e) De~ed d~c~pfion ofproposed plan 0 A marketing plan may be substituted for items d and e above Category C projects and acti~qties which promote tourism should have an emphasis on the "shoulder and offseason" of May through November. What is the scheduled date(s) for your project/activitiy? The Florida Journal editorial copy and magazine print advertisements would run: January 1998, April 1998 and Inly 1998 to stimulate travel by German~uropean tourists in their traditional summer travel months. In addition, the community would ILke to target the Florida market for attendance at the event and to heighten the awareness of travel possibilities to the Col.tier County/Everglades area prior to season. Targeted markets would include Miami, Orlando and Tampa/St. Petersburg, Florida from November 3, 1997 - January 30, 1998 and May 1 - August 14, 1998 via newspaper print advertising and radio advertisements. An Everglades National Park Celebration web page will be designed and will direct inquiries to the toll-bee number for fulfillment. AGENDA-ITEM NO V - 1997 Pg._ (,,,, SM~tPLING OF ~OTH ANNIVERSARY ACTIVITIES FOR EVERGLADES NATIONAL PARK INCLUDES submit'ted b), Ibc Zimmcrman A~cnc. r) ECHOES OF THE EVERGLADES CITY OF E~RGD'~DES CITY, FL Dabble in regional delicacies during a three-day 50th festival December 5-7. Savor fresh traditional treals like blue crab claws, mullet, shrimp and crawCrsh or experiment with gator tail and Crop legs. Hear storytellers spin tales ofyesteryear as artists and photographers display their wares. THE FIRST INDIAN FUR TRADES CHOKOLOSK~E ISLAND, FI, Thc historic SmaUwood Store, founded in 1906, plans to re-enact its heyday as the Everglades' lone waterway trading post between early "settlers" and Native/kmericau tribes. The tiny waterfront store and museum honors days done by as part ofthe National Register of Ristoric Places. NATIVE AMERICAN DISCOVERY TOURS ]~L4J~CO ISLA_ND TO OCHOPEE, FL From November 1997 to March 1958, tour 'tribal villages where Seminole and Miccosnkee practice centuries-old cra. Rs such as beading, pottery and coIorful weaving. Native American cuisine like .try bread spices up cultural exhibiLs. PARK REDEDICATION CITY OF EVERGLADES CITY, FL Area celebrations include a rededication ceremony December 6, just as it took place in 1947. As much as possible, the rankings of speakers and dignitaries will match those present at the original event, including members ofthe United States Cabinet and perhaps the President. To conclude the ceremony, the City of Everglades City plans a 1940's - style "swing" concert between streets lined with Model T's, Edsels and antique car nostalgia. EVERGLADES ADVENTURES MARCO ISLAND TO OCHOPEE, FL Celebratory events and activities also spLll into 1998. Envixonmentml fairs teach visitors about the fragile environment preserved by Everglades National Park. Stick around for daily swamp bugg3: and ah'boat tours of the marshes, local fishing tournaments like the Goodland Mullet Festival or alligator wrestling exhibitions. ALLIGATORS, OSPREY AND ORCHIDS EVERGLADES NATIONAL PARK, FL One of the most intriguing events at the Everglades is the most natg~aL Th,' park has reominainecdroa~sc.~hha;ngeeadr~Orehn~ed,~r;dmSaOzfeYoefa~. ~?~le ~:~.tu ri~ old~d2' 'c'~i_T/EM chatter echo' ga y , ' . . ._ .: t lOa. lob. 10C. Discuss how your organization wiJ.! measure the number of ~'isitors attracted and the numbcr of room nights generated by your evcnt. The data will be measured in two ways: by response and by reservations. 'the professional futf'ttlment individual will print a weekly report of aLl calls received via the toll-free number to track response to the ads, for the months November 3, 1997 o January 1998; May 1 - August 1~. 1998. Identify the potential for attra cting "shoulder and off season", out-of-county vi,;itors as spectators or participants ex-pressed as "shoulder and off-season" visitors attr~cied per Tourist Development dollar expended. An ecotourism brochure, print advertisement and radio advertisements) will be arodnced promoting the Everglades area and amenities. All materiaL~ mailed to callers from the promotion will note the year long celebration of the Everglades National Park as dedicated originally on December 6, 1947. visitors will be encouraged to ~isit during the fail, spring and summer. Identify the potential for attracting "out-of-county" ~Lsitors as spectators or participants, expressed as "out-of-county" visitors attracted per Tourist Development dollar expended. Radio and Newspaper print ads would be placed in ~tlami, Orlando, Tampa/St. Petersburg, FloriSa Florida lournal Magazine advertising would be distributed in LTU flights from Germany to Southwest Florida International Airport and at airport and rail sites throughout Germany. Brochure distribution would occur in Berlin, Germany during the annual ITB tradeshow, pending approval by Collier County. participating organizations. Identify the estimated, number of hotelTmotel or campground nights generated from the allocations of Tourist Development funds expressed as overnight stays per ~?ourist Development dollar expended. An estimated 7,000 room nights can be expected over the duration of the seven month period. Based on an average of $79 per night, these room nights and campground rentals should generate approximately S~53,000 in gross revenues. r~GENDA ITEM lOd. loc. lOf. lOg. lOh. Identify the matching doUars provided by your organization expressed as matching dollars per Tourist Development dollars expended. TBD Ford Marriott Marco Beach Hotel $ ~00 Nations Bank TBD Seminole Tribe $10,000 S 10,000 Sprint $ lO,00o US Sugar Woodward, Pixes and advertisement materials wLLi be designed, printed and dLstributed; the toIl free number and a response mechanism in place upon receipt of TDC funds. Invitational materials hay, sent to National and State Dignitaries to attend the kick off rededication ceremony. ( As oI lden~ the future ~o~ potential of~e project berg submitted ~thout Tou~;t Development fundo as TDC fund~g ~ to be regarded as seed money, not con~uous ~nd~g. N/A - not app~ble O~cuss ~e soundness of your out-of-coun~ marke~g plan, spec~UY ~ te~s ofhow ~e event ~ be promoted to draw on t-of-coun~ visitor. The out of county marke~g ~cludes Orlando, Tamp~SL Pete~bu~ and to ~e ~an, European markeL In addition, ~e adve~g w~ ~clude a m~sage to ~it our n~qne ecotou~m des~a~on, ~e Eve~ad~ area, ~ ~e family ~itor SeaSOn. D~cuss your o~a~zafion's management and ~e te~s ofi~ abiB~ re~lafions and to ac~eve ~e ~tended result. The Cl~ of Eye.des Ci~ promot~ ~e ar~a and ~ numerous reques~ for ~fo~aUon on a d~ bas~. Wi~ a toU-~ee number, an ccotou~m promo~onal br~hure, ~o adve~ement and newspaper and maga~e p~t adve~emen~; ~e Ci~ of R~e~ades ~ prepared to adm~ter ~e e~tou~m prog~m, ~ ~e assignee of the Tou~t Development CouncR and the Board of Coun~ Comm~sioners. D~cuss your o~an~afion's rea~s to ~plement ~e pro~ect. The Ci~ ofEve~ades Ci~ is read~ to enl~t prof~sional se~ces to asset ~ ~umer ~fo~afion r~ues~. The enlisted professional ~lfillment se~ces ~J ~clude a s~c~c sc~pt to promote the special event as weU as to encoa~ge offseason ~ito~. Brochure bee~CENDA ITEM NOV - 1997 Fi[.. ~j~)~.a):~ ~ll,~ lulld$ are un,,~allnhle Irom olher,our~:e~. [uuri~m dereJopmen! l'unds should not be viewed as supplanllng or replacing ex[sling rund[n~ ~ource~. ['he City Of £verglades Is not rlnanclally able ~r) develop advertising and brochures for (he ~erglade~ ~'atlon-~i Park Anniversary C¢lebratlon wRhou~ Tourist Development C'ouncll funds. Private sector spon$orxhlp c~ollar~ will he ~ought for additional [undlng. IOj. Dlscus~ [he capacity of Ihe proJecl ~o enrich the arli~tlc, cullural and environmental att r.~ctlvenes.~ of the commu nl~y (o ~he visiting public andcompatlbl[ll~wllhthe~mmunlty~ngcncral. The Everglades .~'atlonal ['ark was at~thorlzed on Way 10. 1934 bythe L'nlled Slate~ C, or~gres~ and wa~ e~abll~h~d on December 6. ] 947 and Was formally dedl~ted by President Har~' S. Truman In a ceremony held In Evc~lade~ CI[)'. ~e dedl~tlon orlhc Evt~lade~ National Park culminated more than two decades of e~o~ and sln~ has been deslgnaled as an International B~n~pher¢ Re(e~'e, Site and a wetland e[ ~te~atlonal The Jntermlngling orplant and anlmalspecic~ from both the tropical and temperate zones, plus the merging o! fresh and saltwater habitats provides the vast blolo~cal dtver~l~y [ha( makes the Everglades National Park and the Surrounding area ~o unique. AS £cotourlsm Is a £rov,-th [ndustr$, thc Everglades community IS pol~ed to assIst the £verglade$ National Park In the recJedlcatlon and celebration of its' goth anniversary. I huve read the Tourism Grant Program guidelines and crllerta. Signature ofOrganlzatlon'~ ChlefOl'l'lclai Sllnature of~'ganlzatlon s Cont~ I~erson AGENDA ITEM NOV - q 1997 Pg.. ColJier County Tourist Development CouncU Granl Application BUDGET SUMMARY/~,L&RK. ETING PLAN/ ! ~.000 MlamJ. Orlando. Tampa/St. Pctcr3burg May 1,1991-Augu~t 14.199g 1~.ooo Radio AdverLiscmcn[ ProducL~on :30 sc~:ond: :60 second spots Newspaper Ad ye rl:Lsin g Miaaai. Orlando, Tamp. a~L Pctcr3burg Novcmb, er 3. 1997 */aounrT 30,199S Miami. Orlando, Tam p.~/.gt. Pttersburg ),lay l, l~g-Aug~t 14, 1~3 S 1.000 IS.O00 ]S,O00 ,%'e ws'pa p e r Ad ve rtise m e n [ F'rod uc{ion 1/4 page: 1/2 i~gc Sub.roi S 63.000 Magazine (Florida lournal/LTU) Adverl:Lslng/~ditorial Jan uar3' 1991 $ A~rU l~gS ,Magazine Advertisement Production 1/2 I~age 2.200 2.200 2,200 _.I~QQD Brt>cb ur¢ Dca lg u Brochure Prhat/oX(5,O00) English Brocburt Prtat/~zg(g,000) Get-man Brocbu. rc Po-stage (S.O00 ~ $1.24) U~. Brochure Po'st,aEc (~.000 ~ $ 3-10) G~rmaa Subtotal $ 9.600 3.000 S S,O00 S ~.000 S 6.200 Wcbslle adrift:ss rcglstraUot~'counectjon SubtotaJ Subtotal $ 3S,700 ~ .L~Qo S 1.000 T..QL L_E~ (1-800-PRESERVE) I nsr~xLlatlou S SOO Prol'c~sloa~J FLd. FLRmcn L/Ha re:SLing ( S,O00 ~ S ! .SO c,.cb) S 7.S00 Profc~sloaal FuJJ3.Umcn[/Hand/Jill (~,000 g S 3.30 e~cb) $ Ifa. SilO Subtotal S 24.S00 CN.N._LI~E.I?EED s Ls,0~ TOTAL $ l,~$,gO AGENDA ITEM / N 0V - 6 1997 Application I%r ~['DC Funding Chairman Dave r..O_C Marco Island Rice & .... NwA ~ - q 1997 ' DC Application AGENDA ITEM NOV - ~ 1997 Pg. /'3 _ (:oilier County Tourist Development Council Grant Application Name and Address of [he Applicant Organization: 1998 Marco Island Sports Festival _ Marco Island YMCA 301 ~.g.g_dhill Stre. e.t Mar.___co Is. lan__~d,_Fl~ 34145 Contact Person, Title, and Phone Number: Dave Rice, Sports Festiv~al Director - (941) 642-4484 Cinr~v Love, YMCA Business Opera_tions Manager - (941'~ 39_.4-__3144 Organization's Chief Official and Title: Do.__D Clark, YMCA Executive Director/CEO - (941) 394-3144 Is this an application for Category BI (Promotion and Advertising of Tourism in Collier County) or Category B2 (Local Projects and/or Activities which Promote Tourism in Collier County)'?. Check one: Category B1 _ Category B2 _ X ... Ho',',' much funding is your organization requesting? S 160,000 ... Briefly describe program including: -- Your organization's capability to promote Collier County a.S a tourist destination. pr..__ornoti0n throughout the State of Florida will be ac, complished via television an.d. radio commercials, newspaper display ads, ma~,~ine ad~d direct maj.1 ~arketin to Sorts Or anizations YMCA's and their members. Press releases listjn?s on calen_.__dars of events in ~rts magazines and ?,ports organizations will be 9brained free. TV and Radi_o_interviews as well as support from the Governor's Council on Physical Fitness. and Sports will also help in developing i_nterest f~r th_e event and the area. Nat onat promotion will be accomplished through press releases, mav, azine advertisinv,,_and direct mail to various Sports Organizations., All of' the advertisin will romote the Sorts Festival Marc I I~'m'~-V-~A II£M Other pro_m.._otion will result from "in-kind" se~'ices donaled b,,_,: loc._.___,a3 media The Marco Island Eagle, Naples Daily News, WODX Radio K-Rock. a.n_.d Io¢,~l TV outlets pr'_ovided ove[.. $75,000 in free adv.erlisino in 1997 and havc__al_J indicated that the~ll provide at least the same level of__service for the '95 Festival. Chairman Dave Rice has received pe~ssion to market the Event thr.o.ugh ali the Collier County Sch.ools, The Collier County TDC Funds will be foc..u, sed..o._n the out-of-c_ounty promotion as per the__TDC Cruideline.~, -- Geographic focus of promotion: i.e.. Collier County, Marco Island, the Everglades,etc. In terms of tourism destina..tjo_ns, the ..S_p_o__O_~s Festiya__l Promotion foguses ma.inly on. Marco Islandi however~ in taki.ng a number of the events tO sites OFF the Island_, ~_romotion Of other pans of the County will occurS, Agg~.essive In- Line, Golf, and possible one o_!her event will be held in other parts of the County~ Internal prom. o_tion ,.,ill be coordinated with the Marco Island Chamber to help in promotin~ the_Island and the s.u. rrounding areas includin,~ the Ever¢lades and other parts of the County~ Application must be accompanied by the following: x a) Verification of not-rot-profit status x b) Last fiscal year financial statement x c) Incorporation papers x d) Detailed line item budget for program for both revenues and expenses x e) Detailed description of proposed plan n/a 0 A marketing plan ma)' be substituted for items (d) and (e) above Category B2 projects and activities which promote tourism should have an emphasis on the "shoulder and offseason" of May through November. What are the scheduled dates for your project/activity? 1998 Marco Island Sports Festival -- June 5, 6, & 7 Discuss how your organization will measure the number of visitors attracted and the number of room nights generated by your event. Measurin.¢ the number of visitors will be done through tracking of the participants. by Zip Codes on the ReRistra__.~tion____Forms. We will also include related questions (i e.. Where will you be sta_5,ing'?; How many will be/are in your part. y?) on the registration form. The local travel agency that helped with local bookings fo.r those in need last year will be pro',.,idinq additional trackin¢ informatk n in 19,9~NDA ITEM ..... NOV - 1997 15' Category 132 Selection Criteria: 10(a/b) Identit:)' the potential for attracling "shoulder and off season", out-ol:county visitors as spectators or participants expressed as "shoulder and offseason" visitors attracted per Tourist Development dollar expended. 10(c) In 1997, 743 oft. he. 1650 particip_ants [45%) were from out ofth___.ee ~gunt¥. Our prg_ection For 1998 is that well over 900 of ;he anticipated 2000 will be from outside the Count',/. These numbers DO NO_T include p.a_nlc_fi~ant'$ friends and other spectators. Participants in events of_this nature normally have an avera~ of I 5 pe_9ople who accompany them Usin~ the. ~_res above. :~pproximate!,~ 1850 out-of-coun!7_12eople partiqi_pated and/or attended the 199'/ Festival: the 1998 Festival will attract 2350 out-of.:count3:' visito_rs I ldentifi,' the estimated number of hoteb'motel or campground sites generated from the allocations of Tourist Development funds expressed as overnight stays per Tourist Development dollar expended. Many of the proiected numbers for the 1997 Festival hit the target. We anticipate. motel/hotel/camrLm'ou_nd overnight stays in the neie, hborhood of 400 to 600 nights. In addition, the past two Sports Festivals attracted a significant number of tourists who were already here for a vacation and decided to enhance their stay by competi0.~, in one or more events at the Festival. Volleyball players, runners, in- liners, and others participated in events and truly enioyed the FesdvaI-~,o much 50 that they have planned a return trip for the '98 Festival. The 1997 "Beach Experience" drew a record number of tourists ('and residents) and ,.viii undere, oing chano_es to make it even more enjovable in '98. Identify the matching dollars provided by your organization expressed as matching dollars per Tourist Development dollars expended. The 1997 Marco Island Sports Festival was proiected to produce a match ratio of 53/$4; the actual was better than anticipated! We anticipate a slight improvement in the match fi~res for 1998, resulting in a 51 for 5;1 match in funds (see attached Budget). lO(e). Identify the future gro~h potential of the project being submitted without the Touris~Development funds as TDC funding is to be regarded as seed money, not continuous funding. TDC Fundin~ is critical at this point in the life of this event To ensure long-term stability, th.e Sports Festival is expanding the venues into the Naples area, thus promotine, a late, er part of the County. This expansion also enables the Festival to attract a'far?,er number of pani..cj, pants and thus generate more reven4e T,t]'~'~r}~A IT_EM of the 1997-Festival was to enhance the event as it was run in 1996, rJe_ ffec[ d';7'a'n~-/'~S-'L I N0¥-41997 lO(C). 10(g). O(h) Lo.o__k]__s2 t].t~g~.2tu_r_e Tl~e strides taken in this area have added strc~O our case LO.___attracl ma_j_or sponsors an.____d_.?_ent sponsors_q._r_s.,__CO_.g_ntin___ued succ__.~ess h_ eightens our chartces__to attract new sponso___r_s a._.Dn_d Medi_._a Ma]or sponsors conti_____~nue to express_ an interest and others will be Sought to_~ten''n s. tability 9f th.e. Festival Developm__enl and commitment Of M~n--sprs take time to cuhivate~ The f'utur_e_o_f this event iS unlimited, Confin3j_.c_dj~_ces; of this event could lead a Collier County Spor~s Festival, a ~ala event that encompass___es lhe entire area_ Discuss the soundness of your-out-of-county marketing plan, specifically in terms of how the event will be promoted to draw out-of-county visitors. With a ye.a_r un. der our belts, we have l_earned where to invest o_ur tin__.._._~e and financia! resources to mm~.mize our .r~e)~rns. T_ar~_g.qLet markets have bee ar.-.as have also been identified. Relations_N~',,~b the past year enable us to promote the Event and the ,,,,_rea more fully5 additionally, we plan worl,: ha. nd in hand with other_LlPN_al organi_z, ations that market the area to Opt~m~z_e o__ur promotional spending. Of co~.r_se, p~evi.__o_us-!y---s-uccessf'ul advertising and promotional venues, will be au~nented._P_articipan!.s--in events_of t_his nature tend. to be not_o..~Uggbl ' a great market, but also _beco____~me "walkiny-, advemsemen s for the. event. A successful track record for the_Mar.__~co.o_ Island Sports Festival will work to our advantage in 1998, Discuss your org~mization's management and stability, specifically, in terms of its ability to manage the project in accordance with regulations and to achieve the intended results. In eve~' art of the world YMCA is well-kn' own for conductin athleti~c pro,,rams and special eventsi_the Marco Island YMCA is a part of thi.'_s tradition of providin~ pro,am excelle__nce The 1997.Sports Festival Leadership has decades of proven manac,.ement and "nuts and bolts" experience The Sports Festival Director, the Core Lea_de. rship Staff. and___most of the Event Chairs have a year under their belts. This group has been working to~;ether since t_he last Sports Festival to make the '98 E,/~e__nt eve.____0_n_better. See the attached Slaff/Vohmteer /=gader.~Mp Profile& Discuss your organization's readiness to implement the project. "Success breeds success!" The excite__ment generated by the '9'/Festival is evident. The Marco Island YMCA Bo~rd of_D_irectors voted unanimously Io take on this project for a second year; many ot_her___Communiry Leaders have expressed their support verbally and some in writing~S Of SupportS. The fact that 48"/.. h~ln make the '9?r-F-cstiv~l-a ep_..~_pJe voh, nteered in a number_of capacities to ..~,- i A,eI:.NDA ITEM success is indeed quite a tribute The_vast amount of donated ~.~..~' I I NOV - 1997 from community businesses and ort,~_niza~ions are also an indic~jion____of the sj~.pon ava.__~~e.c_S~ons Festival l.ead¢__.zsh_jp and the Marco Island YM~'A~ Discuss why funds are unavailable from other sources. Tou6st Development Funds should not be viewed as supplanting or replacing existing funding sources. Condu_cting an event of this ma nc.0j.Lude r~.cluires the ~_n Or~,anization that can .gain cornmunit.,,..2._wide support, mobilize laree numbe.~v__olunt¢~rs a.__n_.d operate high-quality sporting evc_~_r, ts. There is no better oreanization than the ~YMCA, which has over 150 years of tradition and experience in conducting, events~pr..qgram.s, of all ty~¢.s and sizes Despite the use of its committ..ed volunteers and dedicated ~tafl'.t. he Y is unable tO und~.rt_~® (:vent without -financial Support from the TDC in__this phase. --The YMCA_does not have the bud.~etary resou!'ces, nor is it part of its non, al _oro~O..q_~vertise and promote tourism to the area. In tt~e Future. Ma'O. LOZ_~..ponsor.ships w~ll .be_the cornerstone that w'ill ensure lone:term viability of the Sports Festival, Discuss the capacity of the project to enrich the artistic, cultural, and environ- mental attractiveness of the community to the visiting public and compatibility with the community in general. Participants and spectators will enjoy a taste of what Collier County has to offer-- beautiful and bountiful beaches, fine restaurants and entertainment...centers, world: class hotel accommodations, the local shopping venues, gor.v~_eous neighborhoods-- a recreational paradise. The 1998 Sports Festival will also provide somethi0g urtique--an empha~sis on M~co Island and Collier County as a premier venue for events not normally associated with the area.. In-line skatin__g~marathon r~nninq, bowling~ .cvclin_g, triathJon competition and other events of the Sports Festival enhance the breadth Of the vi~ijtor experience. Also, our visitors will receive a wealth of information about Collier County, its many amenities and the ~pporrunities here to sdsit on a r.e~lar basis, not just "in season" They will experience first-hand ~he quality services available through our hoteliers and merchants and be made aware of' all of the many "off season" attractions available in Collier Counts: I have read the Tourism Orant Program guidelines and criteria and Resolution No. 93- and agree that my organization will fully comply with the guidelines and and Resolution No. 93- ! ~,5~NDA ITEM Date: Profit and Loss January Ihrough December 1996 Jan · Dec '~$ Ordinary Im:Ome 6'2.287 63 4110 · M~ ~s 6.~ 41~ · Day Pass ~.1~ 4170 · P~ ~s 1,613 41~ · R~ Ex.rises 7.~ ~ · S~ E~s 4.7~ ~ · SaI~% of Su~s and Semites ~ · Mi~s Inc~ ~7.1~.~ T~ ~ E~ 3,~ ~. ~ E~n~ 2,115.~ ~. ~ ~ C~rgt$ 4.024.07 61~ · C~r~ Se~es ~20 · ~s a~ Subscriptions ~.~ 6223 · Equi~t Rental 4 1~ 17 ~4 · Equi~t Lease 10.~.~ ~5 · National ~% 8.~.24 ~23Q · ~Y~ Ex.rises ~,~1.14 ~ · Equi~nt ~,~.~ ~O · Insu~e 3,~.~ ~0 · Profe~l F~s 7,~.16 ~ · I~ere~ Ez~nse 1 ,I~.~ 6~0 · ~s and Pe~its 816,~ ~520 · M~iP Ex.nsc ~.~ ~O · M~us 2~,~ ~ · ~o~ W~s 6~0 · Pa~ Taxes 2.~.~ ~10 · potage and ~live~ ~70 · Pr~ Ex.nsc 6690 · Rent 9.~ 6710 · R~ir~Maintenance 10.378,~ ~7~ · ~s Ta~ ~.~.51 ~O- S~s 107.~ ~ · T~s 2.~.24 6~ · Trav~ & Ent ~,974.3~ G~' ~s 3.~ 697~ · C~1~e I Training (~7 S9TS · [x~ ~ tnventoried ~1 .~.~ ~ · F~ ~ Cap~aEz~ Tot~ ~.~7 07) Net Ordinary Inco~ne O~her I~:ome/Eap~nse 7110 · S~ Te~arent Fund 10,g76.~ 71~ · ~ F~ ~.~ 7~ · ~ F~ 2.0~ ~ Tot~ ~ ~ ~ E~ 9.~ ~ 1241. E~~nal~ ~ ~ T~ ~ E~se Net Oth~ tncmlle {6.343.:Z3) AGENDA ITEM No._ NOV - 1997 Ne! Income Profit and Loss January through December 1955 (41,137.301 AGENDA ITEM NO._~ NOV - ~ 1997 ~--~ I certify frown the reco~'d-', of this office that THE MARCO'IS'"" D ..,,/.~_%., , ... , ..- :- . . ;." . .... ..fi..~.5:';.,~,3-,...(.:~;._'.. ~(,Jk~.. ' . .; ,~-.;, .uu..... ~ ".-.' ''~.' ...... ' 'he' la'~s";:of':tne :. ~(2~ '~'-..fy M A. · INC':":is .a ~corporat~on'.o.rgan~zed, .,u. ni:l,,e.r ..:.t,l..,,..,~.,....~:.a-._;.~_,.~,L~.,r,. - ~' '~ .L. ,. ' .C.. , ..',,-. ,~.~- ,:,'~.,:,. · , r.,~,,~.~'--' -.~, ,---'--'-~--'.-.~;'. ,-'~ ,'" -' ,..' .. ,'..'.' '4:':,.... ' ~,'~,~ ,.,.. ,~.. ., .~ .-.. , ~. r ..... ~'- -' ' ' . · .. 2 . . ;:-'.'.:' ,'- -': .... '~--'-";. ',~,,~'::. Sta't'e"of FId~da,'~.d. i'o,0,.'O.'~9a.,n~'..r)/;,1.,7..,~,1_9.8.,5..]~:~ ;.;.'.;~'~:.:.:2'.:~'.,,~ :::)~ ~-... ............ . ............ . .......... ' ..... , , ,. :, ..... ~-~ . , ,; ........... .-.%.,: :. ~~,... .... · ,'.,..:~'... .... · . . : .... ~.,-.. ;...~.;..?~-..,.;:,' . : "~:.';, . ::..',..:~.-:',:.~ ~~ '.,.:.;.,", ..:.. , . . .q ":-~' :;',.'- _,~2,k./~:~ .. ~-' .. ; .-:.. .c.::; .:.~-~...: ~.:,;:q~ , ?. . ':'~".'.': "'.' .;.')~,"": 7"' ;' " . · . "...;~ ;';~,,..,-.~,-~:~',~. ~'~¢"; -"~';.'-~. ':: ' -~ ": ' ' "'"'""?' '-'" ~'"' '- ....... :';"~'" ":' '" ' ..... 8 '. ::'.,~-,,.~£ ..... ~ ',",:".'.' ~'~ '.' .-'The idocument.number of th~s,coroorat~on ~s N0716 . . . .~,~. lntern~[F~v.e'bue Se~ice · i~[strict~Direc .hr Marco Island YMCA Inc. ?.O. Box 1103, 101 Sandhill Street Marco Island, FL 33937 Department of the Treasury ~r~n ~ C.o~tsct: Ann Baker/nds (40&) 331-4516 FF~: 580070782 Dear Applicant: Based on information supplied, amd assuming y'our operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(c) {5) of the Internal Revenue Code. We have further determined that you are not a private foL%ndation within the meanin& of section' 509(a) of the Code, because you are an organize%ion described in section 509(a)(2)- If you1' sources of support, or your purposes, charadter, or method of operation ch&ego, plea.se let us know so we can consider the effeo% of %he change on your exempt status and foundation status. Also, you .should inform us of all changes in your name or address. As of January l, 1984, you are liable for taxes under the Federal Insurance Contribution:; Act(social security %~xes) on recnlneration of $100 or more you pay %0 each of your employees during a calendar year. You are not.liable for the imposed under %he Federal UnemploYment Iax Act (FUTA). Since you are not a private foundation, you are' not subject %0 the excise t~xe$ %L~der Chapter 42 of the Code. ~owever, you are no% automatically exempt from other Federal excise taxes. If you have any quos%lens about excise, employment, or other Federal taxes, please let us know. Donors may deduct contributions %o you as provided in section 170 of the Code. , or gifts %o you or for your use are Bequests, legacies, devises, transfers %s~c purposes if they meet %he applicable deductible for Federal estate amd gift provisions of :sections 2055, 2106, and 2522 of the Code. Tho box checked in %he heading of %his letter shows whether you m~s% file Form 990. Return of Organization Exempt from Income T~x. If Yes is checked, you are required to file Form 9'90 anly if your gross receipts each year are normally more of %he s re uired, 1% must be filed by the 15%h day ,s ~hA6~r-NbA ITEM $10 a day. up -~ · is reasonable cause for the ~=~ ~- L, e.O. Bo~ IOS5, At~nt~.GA 30370 NOV -q 1997 e ~le ~e~eral ~ncome tax returns unleS~ you are sub~iect . nrclated bus,ness Income unOer section 5kl oF the Code. I~ ~ou'ero . you ere not requtre~ to return on ~o'rm 990-T. ~empt totem tax on u ..... u~t ~lle an ~ncome tax ~ect to th~s tax. )~.C_~ T~ Return- In this letter, we ere not ~ete~inkng ~nk:atkon ~u~t. .... resent or propose6 actkv[ttes ~re unrelate4 as de£incd ~n sectton S15 of tho Code. , yen if you have no employees- If ~ lo-er identification n~ber e a__l~cetion, a number w~ll be ~cu need an amp x -- entercd on your P~ ~ -~-- on all returns employer ldentificatio~ n~ber wa~ ~o~. .... Please use that n~u=- assigned to you ~d you will be a~vxsea ~ ~'' Revenue Service- you file and in all correspondence with thc ~nternal Because ~his letter could help resolve any questions about your exempt status ~d foundation status, you should keep it in your permanent ~eccrdS. If you have ~Y questions, please contact the perSOn whose n~e ~d telephone n~ber are sho~ in the headi~ of this letter. Sincerely yours, ~ ~ ois~i~ Director . ENCLOSUt{ES: ... ~ " Form 990 Schedule A Ir~structions.. .' . Letter 94 AGENDA ITEM NOV - I AGENDA ITEM-~ N0¥-419~i7 III David F. Rice, Chairman 1997 Marco Island Sports Festival As a collegian, David participated in football, basketball, and track. An academic Cum Laude graduate, he was elected to '"Who's Who In American Colleges and ~ ..... graduation, he signed as a free agent with the New York Titans of Umvers~bes. Upon the American Football League. Beginning his career at Greenwich Connecticut High School, he served at w~rious times as coach of football, basketball, track and gymnastics. A coliege coaching career began with a short stay at Columbia University followed by his appointment as Head Football Coach at Western Connecticut Sta~e University, becoming the youngest head coach in America. Recruited four years later by Fordham Llniversity as Head Football Coach, he was named the University's 35th Coach. During his tenure, he was honored as Coach of the Year and received the Iron Major Trophy. Upon his retirement as coach, his Won/Loss record ranked third behind the legendary Jim Crowley, one of the Four Horsemen of Notre Dame and Frank Cavanaugh, the Iron Major. Mr. Rice was named Director of Intercollegiate Athletics immediately following his retirement from coaching, becoming the youngest Athletic Director in NCAA Division I. He served as President of the Metropolitan Association of Athletic Directors, co-founded the Metro Atlantic Athtetic Conference, served as Director o4 the National Invitational Basketball Tournament (NIT), was a member of the Madison Square Garden Holiday Festival Committee, and on the Advisory Board of the Meadowlands Arena (NY Giants' Stadium). He became a full-time Collier County resident on Marco Island in 1987 and is the owner of Total Home Services, a property management company, and the Eagle Group - a Real Estate Company. Dave presently serves as Chairman of Marco's Christmas island Style and is President Elect of the Marco Island Chamber of Commerce. He is the immediate past president of the Island's Kiwanis Club and supports a myriad of Fund Raising Events on Marco. Oave is also 1998 Fund Raising Chair for ' · ~-'~NDA ITEM OZFest, benefiting the North Collier Pediatrics Unit ane will be Chairing t~e Island Chamber's 1¢ Annual Mardi Gras & Casino Night. - 997 Lucinda "Cindy" Love, Business Operations Manager Marco Island YMCA While working in the Business O,~ce at Indiana University for five years, Ms. Love also managed and coordinated sp2rts programs at a nearby campground. She moved to Naples to operate a successful automotive parls store. There, she managed the finances of the establishment as well as hiring and recruiting staff. She sold out her portion of the business and joined the Marco Island YMCA Staff Leadership as Office Manager/Administrative Assistant nearly three years ago. Cindy had an immediate impact on the level of operations at the YMCA. Starting with an archaic "by hand" accounting and record-keeping system,' she investigated computer software options and took the Y into the 20th century. Most of the YMCA's "back office" functions are now using some of the finest "off the shelf'' software. This brought the Y's financial reporting to a new level, one that Board Members could trust and believe. During a recent period in her work with the Y, she filled the role of "interim Director", skillfully handling fide day-to-day operations and managing staff, which enabled the Board of Directors to focus their efforts on a search for a new CEO. She continues to recruit, hire and supervise the customer service staff for the Y. Cindy is also a Leader in the YMCA's efforts to fund raise. She provides timely and accurate reports, skillfully matches solicitors and donors, and relentlessly follows up with the Volunteers to ensure the maximum return for the Y. Ms. Love is also one of the Island's finest Special Event Coordinators, calmly pulling together loose ends in many of the Y"s eight annual functions, including the '"Taste of Marco". Recently, Ms. Love achieved YMCA Director status and will be continuing her professional development in the coming year. In recent months, Cindy has been working closely with the professional staff of Collier County to complete the bookkeeping of the 1997 Festival. Record-keeping, billing and payments have been precise and clean. Timely turnaround has helped rebuild the reputation of the Marco Island Sports Festival. AGENDA, 1TEM~ NO¥ - 1997 I I Don Clark, Executive Director/CEO Marco Island YMCA For over 1 6 years, Mr. Clark has been serving local communities in his career with the YMCA. In his first professional position, he built his local Youth Sports leagues into a model for all other YMCAs in the area. The program grew so rapidly that many additional venues had to be found to be able to serve all the kids who wanted to play. Short!y after accepting a promotion to Branch Executive at another Unit of the Cleveland (Ohio) YMCA, Mr. Clark took the run-down, empty full-facility YMCA and turned it into a perennial surplus producing YMCA. Sports Leagues were a part of this suo..'ess, but more importantly, Clark renewed the interest of the Iecal community in the need for the Y and its services. While serving in that position, Mr. Clark worked closely with the newly-named Director of the Greater Cleveland Corporate Challenge, sponsored by the YMCA. He conducted the largest and most captivating event--the TUG OF WAR-that first year as well assisting other event dire'ctors in the Basketball Shooting Relay and the 6x50 Shuttle Relay. The Corporate Challenge consists of 18 events and is enjoyed by over 4500 participants each year. In the infancy of the event, Clark helped obtain one of the Ms~jor Sponsors that works with this program still. After two successful years in the position of Corporate Executive in the Cleveland Association, he began to look for an oppodunity to head south. In March of last year, Mr. Clark accepted the position of Executive Director/CEO of the Marco Island YMCA. In the short time he has served in this position, the Marco Island YMCA has begun a dramatic turn to a stronger fiscal position. Mr. Clark knows that this change would not have been possible without the support of the many strong volunteers on the YMCA Board and in the programs. Don thoroughly enjoys the quality of life that Collier County has to offer. He lives on Marco with his wife Sue and baby daughter Deirdre. He was thrilled with the success of the '97 Festival and is looking forward to and even better weekend in 1998. / AGENDA ITEM / ] udoet ' AGENDA ITEM f~O¥ - ~ 1997 J tarco Island Sporh Festival 1998 BucJc]eJ .._ Festival & : J govt. FL~I Line Ite,m. Projected Revenues: i Events j Donations j f'FD~_~).. : Total I I $160,000i $16(j:000 Govt. F undin_g_ i ....... '~-" $20.0001 ............... ~----i $20.000 Fund Raising. ; ' ' - ,, ~ $75,0001 .: .',$75,000 _ In-Kind Services I ----~- '~'~,500j , $4,500 In-Kind Goods ,.. 1 .. 'Participants i $58,000', I ... I $58,000. Other/Misc. ! $2'500t J j I _TOTAL_ .$...~.~00C~0 i Festival & Go¥I, Fundinq j Line Item PFOiected Expenses: ~ ' Donations Fl-DC) i ToI~I ~ Events I .. . .... Promotion i I t $160....000i $160,000 Collier County Promo ' I $60,000 I $60,000 Purchased Services j $20,000! $15,000 I $35,000 Supplies/Equipment J $5,0001 $1,500 I $6,500 Equipment Rentals ! $11.500! $5,0001 j $16,500 ' $7'000i $3'0001 i $1.0,000 Awards/Gifts Permits I $5001 . $500 Salaries/Taxes/Bene. ! $5,000i $2,500! ! $7,500 Food&Meeting Costs $6,000! $5,000! I $11,000. ' Admin. Expenses ' $5,0001: I : $5,000 - Celebrity Expenses ~ $5,500i $2,500i · $8,000 i I TOTAL! $320.000 -AGENDA ITEM No.__~ ~ I NOV - ~i 1997 Letto s of Support NO¥ - ~ 1997 :tFLOIIIDAI~ Florida Governor's Council on Physical Fitness and Sports September 8, 1997 Dave Rice Marco Island Sports Festival P.O. Box 1384 Marco Island, Florida 34146 Dear Dave: I certainly enjoyed my v/sit to Marco Island for the Sports Festival. You are to be congratulated for putting on such an outstanding event and prov/ding this opportunity for so many citizens to participate. This is the type of event I would like to see staged thrbughout the entire state of Florida. I have copies of your Sports Festival literature and ,,,All send them to all the Sports Organizing Committees in Florida, hoping they will duplicate you outstanding efforts. I hope the Collier County residence realize the importance of this fi. ne event and the Tourist Development Council will once again provide you with financial support. PIease keep me posted on your plans for 1998 and I w/Il make sure the Florida Governor's Council on Physical Fimess and Sports promotes your event throughout the state. I look forxvard to keeping in touch. 2;incere~'"'x ' - Ji~yr~~es Executive Director 1408 Northwest 6th Street. Suite A Gamesv~lle. Florida 32601 Telephone [352} 955-2120 Suncom 625-2120 FAX {3fi2) 373-8879 AGENDA ITEM No. ST. JOHN 'S UNIVERSITY EDWARD J. MANETTA JR. DIRECTOR OF ATHLETICS June 9. 1997 Mr. David Rice Executive Director Marco Island Sports Festival PO Box !384 M,~rco [sland~ FL 34146 Dear Dave, Congratulations to you. and your staff on a perfect Sports Festival. The staff, the organization, everything was done so professionally. I look forward to making this an annual event. Debbie and I were honored and grateful that you included us in your prestigious event. With warmest regards, Edward J. Manetta, Jr. Director of Athletics P.S. I have included my receipts for the plane tickets. I ' AGENDA ITEM No.. I NOV - 4 1997 8000 UTOPIA PARKWAY · JAMAICA. NY 11439. (7'8)990-~2.~4 · CAMPUSES: OUEENS. NY · STATEN ISLAND. NY * ROME. ITALY MARCO ISLAND SUNRISE ROTARY CLUB P.O. Box 1427 Marco Island. Florid-n 34 146 "Service Above Self" ~une 13, I997 Mr. David Price 184 StL1Jwater Ct. Marco Island, YI. 34145 Dear Dave, On behalf of Sunrise Rotary, we would like to congratulate you and your staff on a job well done for the Marco Island Sports Festival! This has been a beneficial event for the com.munity and participant~ alike. We wish you continued success in the future sports festivals! Sincerely, Anna Pu~~ President Mar'co Island Sunrise Ro.tary AGENDA ITEM NOV - ~ 1997 , ~ ~._~5 August 7, 1997 F~. David Rice Director Marco Island Sport Festival P. O. Box !384 Marco Island, FL 34145 Dear Mr. Rice, I thought it was appropriate at this time to comment on this years (1997) Marco Island Sports Festival and our participation. First of all, let us congratulate you on producing a · 'FIRST" rate event benefiting all of Marco Island's population and businesses. The impact of this years event surpassed our expectations and we hope this event will continue to grow over the years and put Marco Island on the map as a destination in June (off season). The beach party was an incredible success for adults and children alike, the events attracted superb sport talent and great competition. We would again like to be part of this Festival in 1998, as a sponsor and provider of the Key Marco venue which was lauded by all who participated. It is our sincere wish that your group will be successful in finding funding for this event as it would be a shame not to continue this annual opportunity for Marco Isls~d. I thank you for your efficient handling of the Key Marco set up, clean up and policing during the competitions. Good ~U ]~~1998, we'll be there for you!! Sinc~'~ly, , ? ,Aqgel9 · _nior ~e~Ro! ~ice ..P~resident Marketing and Sales to GrOup 751 ~'h~s~¢vC,ecL:Drive g~t¢olsland. Flotidz 33937 81~/642'4677, AGENDA ITEM f NOV - 1997 FAX. 8't~9 .... ~, ~.;.~[/~ MARCO ~ I S LAI D ~'..~ ~.,~ CHAI'.4B£R OF COI"41"4ERCE J,,J1y 31. 1997 1',4r. Dave Rice Volunteer Director Marco Island Sports Festival P. O. Box 138z~ Marco Island, FL 34146 Dear Dave, I would like to take this opportunity to congratulate you and your staff on the success of the 19c77 Marco island Sports Feslival. The sports festival was very well received not only by the local resorts, but also by the retailers, restaurants, and members of our community. Through your advertising of the Marco Island Sports Festival, the Chamber received numerous requests for information about Marco island. We ore looking for~.vard to Sports Fest 98 with our involvement and support. Kindest re.E~ards, Sondi Tra;Dosso Executive Director t;~o~co Islond, Florida 34145 941.394-7549 fax: 941-394-3061 AGENDA ITEM No..,. ~g/ NOV - A 1997 bm AGENDA ITEM ~ ~OV-~ 1997 ~1~ TC, ~'.- ~OME SERVICES 9~1 59'~ ~ ~ t',.I~co I~d Sports Promotion Budget - SldO,O00.O0 Newspaper Promotion S Miami Herald I 0,700 Tm'npa Tribune 7,000 Si. Peie T:.mcs ?,000 Ortm~do Sentinel 5,000 NY Tbnes A.ffili,atcs 5,000 Sarasota,Lakebnd,Ocala, GaLnesv~21c, Sebring Magazb¢ Promotion - In-State Florida Spor~s 4,000 Florida Race place 1,000 Governor's Council on Physi~l Fitness ~nd Sports 2,000 Florida Running ~.nd TrimNon 1,000 Magazine Promotion - National and Imemational Speed Skating Times (30 Countries) 3,000 Rus'ming Thnes 3,000 Joucn2.1 of Competitive CycLing 3,000 Television Promotion Preparation and Production of 30 Second Commercial 1,500 Con:n'mrc~ Ab' Time 15,000 Tampa,Orlando,Jacksonville Miami-Dade S\v Florida Counties 20,000 Lee C}-m. rlorte, Hendr'>.', Glades DeSoto, Sarasora, Collier Collier County 4,000 W S V, rF W'F×T ~ews) Other Signage 3,000 Printing - Graphic Design, Brochure, Literature 28,000 Promotional Postage 1,500 ?,D~rkcting 5,000 Int ernet 1,000 Photographer 800 L AGENDA II'EM NO'/ - 4 1 97 VidcoSrapher $~ort Cclcbritle~ pro,notional Supplies Tr~vcl./F_.xpcnses Spor~ Fai.rs,Lhcra~ure Distribution 1,500 10.000 15,000 '2_,000 Collier County Tourist Development Council ISIANt 3 Grant Application Funding For Category B (Promotion and Advertising of Tourism in Collier County) and Category C (Local Proiects and/or Activities which Promote Tourism in collier County) Completed applications must be received at the below address Administrator Collier County Tourist Development Council County Manager's Office 3301 East Tamiami Trail Naples, Florida Name and Address of Applicant Organization: MARCO ISLAND FILM FESTIVAL, INC; p.O.____BOX 200.2. MARCO ISLAND, FL 3414~6 2. Contact Person, Title, and Phone Number: MAURY DAFt, EX PRESIDENT - MARCO I LAND FILM FESTIVAL INC. (_941) 642-337! Organizations Chief Off'lcial and Title: ~y. PRESIDENT - MARCO ISLAND FILM FESTIVAL INC. Is this an application for Category B (Promotion and Advertising of Tourism in Collier County) or Category C (Local Projects andJor Activities which Promote Tourism in Collier County) Check one: Category B Category C X AGENDA ITEM No.._~_ '/Z~.__ NOV - ~ 1997 _s29. s,000_ 6. Briefly describe program including; Your organizations capability to promote Collier County as a Tourist destination. invol_ved in the planning and prpducin~ of thins event are Film._ Industry Produce.rs, D..D_ir___ec~ors, Movie Theatre Owners, Film lndustw Consultants as w_ell as Community L._.~ead~e_rs in Business. Hospjtalit¥_~Entertain..me_nt, etc Commun~rt is evidence_.d by th_e active parti~cipation of over 175 volun3eers, ~Sur_.___intent is to present a 4--day Film Festival_to include a Film_~lndustry Competition, a. Student Competition (4th Grade through Post-Seconda~' Sc.ho..~o~, and SpeciaLEven.ts_ .-- ' ' ----- is termed th__e :The tar eted dates for this event are Omober 15 - Ig. 1998 in what "sho..,.~Ider season". For promo~.jo,q_purvo~ses, we have t_h_ree ta_r etfNL~d audiences' l ~;tud~ors 2. Film Industw Competitors 3. Film F~n-g prin'ta._.rily the Orl3ndo, FL market sou_t_h_on bot_h Flori~da__c__o_a_sts We haye broken down our. marketinR and promotion plan for each of thes~e m__._~arkets into targeted periodic~]..s_, tra____d_e shows, and appropriate adv.ertisin~ Geographic focus of promotion, i.e. Collier Count)', Marco Island, Everglades, etc Fo.__..- the Student Competition we are foc. u__sin_Eg_primarily on Florida Schools. A letter., application form, rules ',rill be mailed~ to evers' school in Florida The Florida De_m o~f E_.._ducation has am'ced to list us on their WEBS1TE with a "hot button" to our WEBS1TE They will also. include us_in "the Monday Report". (.we MarketingMe!hod. Q The Film Industry_ Competition will focus promotion on a National basis to targeted l_ndustr'5/periodicals, trade shows (in conjunction with the SW Florida Film Commission~., our WEBSITE and a Professional C_onsultant associated with other, e~ablished Filu'~ Festivals. The Film~onado market ,,,,,ill rimarilv focus on areas no further than a four hour drive from C.o_llier County Predominantls' Orl~an.._do and south Periodicals havg geen tar~.eted to attra._ct these potential visitors. 7. Applications must be accompanied by the following' a) Verification of not-for-profit status b) Last fiscal year financial statement c) Incorporation papers unless specifically waived by TDC d) Detailed line item budget for program for both revenues and expenses e) Detailed description of proposed plan f) A marketing plan may be substituted for items d and e above 8. Category C projects and activities which promote tourism should have an emphasis the "shoulder and offseason" of Ma, y through November. What is the scheduled date(s) for your projecdactivity9 THURSD_AY, OCTOBER 15, 1998 THROUGH SUNDAY~OCTOB~ -- ~,GU4DA ITEM NOV - 1997 2 dollars per Tourist Development dollars expended The 1998 Marco Island Film Fe__sJival will produce a match rafi_____~o pf $85/$1 g. Discuss ho',,,' your organization will measure the number of visitors attracted and the number of room nights generated by your event. W_~e are estabtishin~ with local ho~_eliers an ide_n~n_~code to all wh~ book an__~d ch.__.~_ck-in~ t~o area hotels._ This i.s also bein~ established with t_..__wo airlines (0~°/° discount to_those bookin~ for the I~,4[FF) and Car Rentai Comoanies. For Time Share and A.~_ar~me_nt__Rentals on ~arco lslan.d_,_a committee votunteer is b.._ein~ assi nv, g_.~d to each_o_ne to ar_ran.~e direct coLnmunication in estab~n iden~_C~n~e t.o_~rack the_number of room nights ~enerated. u~e istr~on desks ,.viii als~o inclu~.e fo____~s with related q~estio_n_s (i e where witl you be stavinv,,_h__ow_ man~qu~r ganY% Category C Selection Criteria: 10(a). Identify the potential for attracting "shoulder and off season", out-of-county visitors as spectators or participants expressed as "shoulder and off season" visitors attracted per Tourist Development dollar expended. Our event is planned for mid-October !...9_98 and although we cannot discount the nationa~l audience for a festival___in this ~etine, our out:of-county marketing primarily from the Central Florida r~i a~ed that man of thes__e ovemi~.ht _uests are alread familiar with ou.r area visitin here in our summer season june - August} and look for another oppo~_umt3' to return_ 10(b). identify the potential for attracting "out-of-county" visitors as spectators or participants, expressed as "out-of-county" visitors auracted per Tourist development dollar expended. The very nature of a Film Festival attracts a certain kind of person. Those involved in the. ~ - '- - ms and film film indust ' rofessionall' and those who avidl watch and at'tend fil festivals. For this proiect we are targeting, those out of our county. There is not a ~:estival held closer than Sarasota to the north and Miami and Ft. Lauderdale to the east, We are tare. eting attendees in those markets .ap_c:l those who attend their festivals. As well as metro areas north of them The Marco Island Film Festival is the only non~- metropolitan area in F~lorida to hol_d such an event We believe that the safety,' and serenity: 'of Collier Co.u. ntv offers a~n_ attractiv._e alternative to the hi~.h profile festivals in the other locales 10(c). Identif7 the estimated number of hoteL/motel or campground nights generated from the allocations of Tourist development funds expressed as over'night stays per Tourist Development Dollar expended. Based on our research of other Film Festivals around the count we are~ out-of°county visitors for our first year. Of this number, we proiect 80% (2000) will be overnight visitors. Of these, we proiect at leas~ 8~% (800 rooms at double occupancy) will be occupying hotel/time shares/campgTounds for two nights and 20% (200 rooms at '_doubl~anc~') for one night. X_A small % may occupy rooms for 4 nights and/or 3 lO(d) Identify the matching dollars provided by your organization expressed as matching i- '--A'~ENDA ITEM / N0V - 1997 q/. lO(e). Identify the future grow'th po:ential ofthe p;'oject being submitted without Tourist Development fiJnds as TDC funding is to be regarded a.~, seed money, not continuous funding. The goal of the Film Festival is intended to be ayearly event. TDC dol!ars are critical in the beginning stages to assist with marketing:, promotion, advertising to establish the MIFF in the Festival marketplace. However, once a Festival is established (i.e. Telluride ~o is in it's 23th year, Ft..Lauderda. le in it's 12th year, St Louis in it's 6th etc.) The event becomes self-supporting through sponsors, fund-raisinv,,_.~2 I0(~. Discuss the soundness of your out-of-county marketing plan, specifically in terms of how the event will be promoted to draw otn-.of-county visitors. Our marketing plan is divided into three cat~ories: I. Student Competition Participants 2. Film Industry Competition Partieipant~ ired 3, Film Goers/Aficionado attendees. Student (;ompet. ition Parti.c..i.pants are being targeted primarily throughout Florida through the Dept. of Education and direct contact with schools in Florida as well as our WEBSITE Film Industry_ Competition Participams are being targeted through Industry Specific Journals {'distributed nationally), tradeshows in coniunction with the SW Florida Film Commissio_n, our WEBSITE, and an industry consultant. Film Goers/Aficionados are being, targeted through specific periodicals targeting the "kind" of individual who attends cultural events. We are targeting metropolitan areas from Orlando south who currently host successful Film Festivals (i.e.: Saras0ta, Orlando, Palm Beach, Ft. Lauderdale, Miami) as we think they are most likely to attend our film festival. We are working; with an Advertising Company on best time and placement of media buys. 10(g). Discuss your organization's management and stability, specifically, in terms of'its ability to manage the project in accordance with regulations and to achieve the intended results. This possibility of this project being feasible has been researched be~,inning in March 1997. Over this period of months ex~ensive contact has been made with a variety of other Film Festivals throughout the country; Festivals have been attended by Board members and advice from indust~ consultants to other Film Festivals has been sought This has enabled us to develop what is a sound plan for our first year with the idea of a growing event in future years. This has also enabled us to put a hierarchy in place This includes: An Executive (~ommittee, An Advisory Board, Committee Chairs, Committee Volunteers, and a Staff Director. (See page 3 under OPERATIONS} lO(h). Discuss your organization's readiness to implement the project. Through our marketin~ plan, we already st,-med the implementation of the first stages of both the Student and Film Industry applicants and participants. Student inforrrlati~-n"~l't~NDA ITEM been sent to all Florida schools in order for Teachers and Media Specialists to hand b..y Oct. 1997.. Film Industry cultivation will begin December/Januar, through Industry_ Journals and Press Releases. Most Industry Films to be cons 1997/98 ~ tere ,.cI~3~ ' q 1919 currently "wg~n;.:prog.tess'' and their prod_users/di.____zrec__[or,~?_2,511 venue to show their works at that time. as_t_b_he_s.~...~ill complete their projects in the S~__mmer. Film Go_e_rslA.....ficionados cultivation is target_ed t~o_b.e_gi.n_ in the Summer '9g. Periodicals .and Journals~h.ave been identified to reach our lar.~dience lO(i) Discuss why funds are unavailable from oliver sources. Tourist Development Funds should not be viewed as supplanting or replacing existing funding sources. Funds for Operations, lnsuraq.c...e.. Salarie..s, and all other e_x..pens~s outside of advertising, promotion and marketing ARE be{ne, sol,bt. Corporate .and Event Sponsors are being invited to pan__ic_ipate fi'om a 5;5.000 to 5;59_.000 level Corp.orate "Friends" are be{ne, sought from the 5;I,250 t.9_.$4,999 level'Las__well ..as_J.t~orships from the :$150 to 5300 level. Special Events in the spring_are .a. Ls_o_._b¢ing planned to assist with these expenses. However, because a farCe-part of this event is desie, ned 1o advertise and promote tourism in the "shoulder season" TDC funds which are designated for that p_._V_.rpose are beint sought The financial commitment from the TDC will insure that othe,' Corporate Sponsors come on-board. lO(j). Discuss the capacity of the project to enrich the artistic, cultural and environmental attractiveness of the community to the visiting public and compatibility with the community in general. Accord{ne, to Florida's Secreta~' O.f State, Sandra B. Mortham, "Arts programming has an immediate impact bY streng,'thenint the economic base ofall of our communities. It help~ stimulate business development, attract new business, create new employment opportunities and make each and evcr-y locale a nicer place to live" The Bit Screen Film Industry has celebrated it's lOOth birthday in 1996. It has become an art form new to this century. Film has proven time and .again, that there is no belle, way to educate, entertain and inspire so many people than throue, h the cinema screen As recent 5' as Au~zust 13, 1997, Gerald Celente, of The Trends Research institute spo!;e. to the 30th annual Governor's Conference of Tourism where more than 800 tourism industp,_' professionals were in attendance. One of his recommendations to attract more tourists to Florida was to "create more cuhural, music and art festivals unique to Florida" Film is a cultural and an artistic form of expression. Our government officials encouraee us to provide this kind of format for our communities to increase {heir value; experts recommended we otter more cultural events to increase tourism The Marco Island Film Festival meets all of these needs. I have read the Tourism Grant Pro,am g~idelines and criteria nature o'~Or~,anizatio~ief Officiai Date: 7/~/.r/~ 5 AGENDA ITEM No.__~5 E/ _ NOV - 1997 : ARCO ISLAND FILM FESTIVAL September 17. 1997 Collier County Tourist Development Council County Manager's OFfice 3301 East Tamiami Trail Naples, Florida 34112 Dear Council Memb'..rs, It is with great pleasure that we present to you the Marco Island Film Festival Tourist Development Council Grant Application. There has been a tremendous amount of community support and interest generated by this event. The Tourist Development Council's financial involvement will assure its first year success. We expect to capitalize on the first years' success so that in the following years this event can become self- supporting and expand to other Collier County venues beyond Marco Island. The Marco Island Film Festival is a Collier County event hosted on Marco Island. The 4 day event will be held October 15 t~ough 18, 1998. During the event independent 51ms will be shown, seminars and symposiums will be held by film industry leaders, various community events will be held and special events showc2sing Collier County will occur (see page 4). Additionally, there will be a film competition held for student.; ranging from fourth grade through college (see Exhibits). The emphasis of the student competition is statewide for this first year with the opportunity to expand to a national basis in the future. The requested funding from the Collier County Tourist Development Council is 5;295,000. In the enclosed package you will see that for ever), $100 ofT. D.C. funds to be used, the Marco Island Film Festival will raise a matching $85 (see page 2). With over a year to go before the festival the early grassroots support and corporate funding interest reinforce our assurance this ratio will hold true. The use of the Collier County Tourist Development Council funds will be for marketing as~d promoting the festival to our primary target market of Florida visitors and residents from the Orlando / Tampa areas of Florida south to the Palm Beaches, Ft Lauderdale and Miami. We project the funding will attracting 2,500 out-of-county visitors. We also expect 1,000 in-county visitors to the festival. We project that 80% of the 2,500 out-of-county visitors will stay at least one or more nights. That amounts to 2,000 visitors to accommodate. Of the 1,248 rooms available from the 3 major beachfront hotels on Marco Island and the various timeshare and privately owned residences available for rent the funding of the festival will generate 400 - 425 lodging units to be rented by approximately 800 - 850 of the projected 2,500 out of county visitors. We expect the remaining 1,650 - 1,700 visitors to find lodging in other areas of Collier County amounting to 825-850 lodging units. This will be om of the benefits that will spread the economic impact throughout the Count)'. Ifa film fe: Naples establishment they will likely/go to a near-by restaurant as souvenirs near their hotel. They will also see more than one part of( :Nal. M~i!or st. ays at _a___ well NOV - Based on information contained in our package we expect a "Total Potential Impact" of S990,000, a 3:1 ratio return (see page 7). Additionally, whh Council support, we will be able to attract producers, directors and film industr7 leaders to this event that could decide to have Collier County be the setting for their next film project. This supports thc cfforts of the Southwest Florida Film Commission by reaching these decision-makers from a different point of view. Through the festival they will be supporting the "art' of film. They will also be supporting future filmmakers in the student competition. They will be doing this in a relaxed, "vacation-mode' atmosphere. If lust one of these industry leaders decides to have a film shot in Collier County, it w~uld generate significant revenue to the economy, i.e Gone Fi.ddn generated 5;10 million and Just Cau.~e gcnerated 57.5 million. That would certainly be a significant return on T.D.C. funds. Thank you for your consideration. I hope you will agree that this is an event that truly follows the original intent for the purpose of collecting bed tax funds - promoting Off- Season events that generates "heads and beds" in a quality format. We look forward to reviewing your questions on October 20, 1997. Sincerely, Maury Dailey, President Marco Island Film Festival TOUtLIST DEVELOPlV[ENT FUlx'DS MARK.ETFNG PLAN BUDGET INCOk~ Tourist Development Grant S295.000 EX~PENSES_ Print Media Buys (for Student Competition)(see page I 1) Print Media Buys (For Industry. Competition) (see page lO) Print Media Buys (for Film Aficionado Attendees) (see page 10) Public Relations Campaign Electronic Media Buys (Radio, TV, Internet) Celebrity Promotional Advertising (see page 11) Film Industry Marketing/Promotion Agency (see page 11) Brochure Programs _Post_eL Banners, Other local Promotional E_xpenses TOTAL SlO.O00 S35,000 $50,000 S20.000 S45,000 S40,000 $20,000 525,000 S40,000 SI0 000 $295,000 AGENDA ITEM NO. NOV - 1997 FIRST ANNUAL MARCO ISLAND FILM TOURIST DEVELOPMENT GRANT APPLIC 1997 ....... I~'EM AGENDA ~' c~K~ / FIRST ANNUAl. MARCO ISLAND FILM FESTIVAL TA BL~ OF Cohrr~NT~ TOURIS-r DEVELOPMENT FUND BUDGET MARCO ISLAND FILM FRs-rIVAL EIUDGET OPE R.,ATIONS FESTIVAL SYNOPSIS F_XE CUTIVE 5UI,4NIARY FIL.~ FESTFVAL ECONOI~IC B E N EF'r'I"~ C U L'ru P-,~,L BEN EFI"r~ , POTENTIAL ECONOMIC IMPACT A'I-I'ENDANCE AT OTHER FESTIYAL$ FUNDING MARKETING METHODS ADVEFrnSING FOR FES~¥AL Al i ~INDEE$ ADYEITI3SING FOR INDUSI'~ COMPETrrORS ADYER~ISING FOR STUDENT COMP~Ii'~ORS PARTNERSHIPS CELERRFFY PROf4OT3ONAL ADYERT1SING FItJ~ INDU~i~¥ PROMOT3ONAL AGENCY MARK]NG/ADVERT3SING PLAN FEST~¥AL TIMEIJNE COR POP~TE SPONSORS I ~NDI¥1DUAL SPONSORS SUPPORT L~.~ ~,-R FRO. $ot.rl"l-,r~EST FLORIDA FILI~ STUDENT CO~P~- ~ON L~-[ ~-R OF' I~DUCTION EN-m¥ FOR~ RULES SHEET CORPORATE SPONSOR BROCHURE SAMPLE INDIVIDUAL SPO~OR BROCHURE NEWSPAPER ED~'rORIAL MoN'rAGE I 2 3 4 5 6 6 7 8 8 9 9 9 I0 10 11 I1 $2-13 14 15 AGENDA ITEM NOV - ~ 1997 '--/7 TOURIST DEVELOPMENT FUNDS MARKETING PLAN BUDGET INCOME Tourist Development Grant EXPENSES $295,000 ,LAI-{CO FILM FESTIVAL Print Media Buys (for Student Competition) (see page I 1 Print Media Buys (For Industry Competition) (see page,l 0) Print Media Buys (for Film Aficionado Attendees) (see page 10) Public Relations Campaign Electronic Media Buy (Radio, Television, Internet) Celebrity Promotional Advertising (see page 11) Film Industry Marketing /Promotion Agency (see page 11) Brochure Programs Poster , TOTAL $10,000 S35,000 S50,000 $20,000 $45,000 $40,000 $20,000 $25,000 $40,000 slo.ooq $295,000 AGENDA ITEM No ~ E.L..-- NO¥ - q 199.~11 II, MARCO SLaND flESTIVAL PROJECTED OVERALL BUDGET iNCOM'E TOLrI:LI ST DEVELOPMENT FUNDS Advertising. Marketing, Promotion PRIVATE SECTOR FUNDS Corporate (Festival) Sponsors at S25,000 & 550,000 level Event Sponsors at S5,000 & Sl0,000 level Event Passes (Individual Memberships) Fundra~sing (Special Events) Pro_re'am Advertising Individual Tickets (r'~ S6.00 each) Merchandise $295,000 5100,000 $ 30,000 5 30,000 S 50,0O0 5 25,000 $ 8,750 $ 7,000 TOTAL 5250,750 TOTAL INCOME 5545,750 EXPENSES Printing/PromotionYAdvertising (Page I) Salaries Insurance, Meetings/Seminars Equipment Rentals Awards Office Expenses Staff/Volunteers Travel Transportation Rent Permits Telephone 5295,000 5 50,000 $ 40,000 5 30,000 $ 30,000 5 12,000 $ 10,000 $ 8,000 $ 7,000 $ 5,000 $ 4,000 5 2,000 $ 3,000 TOTAL NET INCOME BEFORE SCHOLARSHIPS $496,000 $ 49,750 AGENDA ITEM No.._~. ~ / NOV- z~ 1997 MARCO ISLAND FILM FESTIVAL OPEKATIONS The premiere Film Festival is being planned for October 15 - 18, 1998. Based on our initial year, we envision the Film Festival to be held every subsequent October for a minimum of four days Volunteer Leadership Board of' Directors - Executive Committee Maury Dailey Nick Campo Patricia Berry Mary Lee South President Vice President Treasurer Secretary Honorary Board Tom Logan Film Producer/Director Advisory Team Beverly Fox Name? Sandy Trepasso Name? Victor Yordan Committee Chairs Joel Banow Elizabeth Bitner/ Joel Gerwitz Debra Cramer Thom Croce Mary Ann Durso/ Andrea McCreanor Geoff Fahringer/ Robert Nonnenmacher Pat Frates/ Judy Gep~'itz Bill Koetting Sandy Marz'ulo Robert Stakich Craig Woodward SW Florida Film Commission Naples Daily News Marco Island Chamber of Commerce Naples Area Chamber of Commerce Convention Visitors Bureau Collier County Public Schools Marketing Chair Volunteer Co-Chairs Special Events Chair Student/Education Chair Accommodations Co- Chairs Security Co-Chairs Hospitality Co-Chairs Production Chair TDC Granff Foundation Funding Foundation Chair Legal Chair Committees are made up of 175 volunteers Assistant Director - reports to Executive Direc Artistic Consultant - (Film Industry Profession Board of Directors Key Personnel Executive Director- reports to Board of Directors gr I) re~,~ rrEr,~ NOV Marco Island Film Festival A Synopsis of the Event The Marco Island Film Festival will be a four day event beginning Thursday, October 15, 1998, and running through Sunday, October 18th, 1998. Festival registration will be located in a booth near the Jolly Bridge, and distribution of Feslival information packets will begin at this point. We feel that this booth will present us with the best opportunity to track festival participants. Information packets will contain facts about Collier County amenities and attractions as well as schedules of Festival events. Each Day: Various independent films will be shown at the Marco Movie Theater form 9:00 am through midnight. Special screenings will be held at other to be deter- mined sites, one of which will be on the beach! Tentatively scheduled at the Y.M.C.A., the best of the Student Competition Films will be shown. "Coffee with ....... ", a mid-morning session will offer an intimate chatty atmosphere with various celebrities. Festival attendees will have: an opportunity to personally in- teract with these celebrities. MA CO ISL&ND FILM FESTIVAL Afternoon Symposiums will provide attendees an upclose seminar environment of film industry professionals. Panel discussions on various topics will take place, with question and answer periods to follow. We expect these sessions to be very informa- tive as well as entertaining. Evenings during the festival will be filled with special events geared toward the film enthusiast on Marco and in the Naples area. Our intention is to hold as many of these events on the beach, at area shopping centers as well as several informal "Festival Sponsored" dinner parties The Sunday Awards Banquet will honor Festival winners in both the Independent Film categories and the Student Competition. In addition to Festival Activities, there will be activity all around the Island. Plans for Art Shows and Boat Shows at area shopping centers are in progress. Decoration of the lsland in the form of Banners and Welcome signs will be displayed. It is our hope to create a total Island wide event with activities happening all around the island dur- ing the entire Festival. Information on shopping, restaurants, Eco Tours, fishing, boating and lodging will be readily available. The Marco Island Film Festival's inten- tion is to encourage attendees to explore all that Marco Island, Collier County and the Everglades has to offer. AGENDA ITEM NOV - t 97 FI IL'qT A.~Nl :Al. lx, CO ISb ND FILM FESTIVAL EXECUTIVE SUMMARY "Florida and the movies -- Irs a love affair as old as filmmaking itself. Ire stor)' begzn almost a century ago, in 1898, with the Spanish-American War newsreels U.S. Cra'alO' Supphc$ Unlooding o/Tam?a Florida and Transport Ships at Port Tarn[~m." In the 1940's many of the war classics were filmed in Florida as filmmakers had to find alternative military bases to those in California which were considered a possible target for Japanese attack. Some of'these included 30 Seconds Over Tokyo, Twel~ O'clock tttgh, and Ire)' Were Erpendahle. Post war-time audiences wanted only entertainment, which resulted in many otrthe Esther Williams films being Florida products. Classics like The Yearling, based on the Marjorie Kinnan Rawlings novel were also Florida productions. In the last decade Florida film production has grown enormously. As a result "two Hollywood stahvarts established fall-service production facilities in Orlando. The Disney/MGM Studios opened in 1989, and Universal Studios followed suit a year later. Steadily, Florida has emerged as the leader among the Hollywood alternatives, ranking behind only California and New k/ork in film and television production.": The Film and Television industry generates millions of dollars annually into our local economy. Most recently for example, the film Gone l:ishin filmed in 1995 generated $10 million of revenue into the Southwest Flcrida economy through accommodations, supplies, transportation, equipment and employment. In 1994, the local filming of Just Cause generated $7.5 million dollars into our area. A natural outgrowth of the production end of filmmaking is the pro~4sion ora venue to exhibit a body of works ..... in other words a Film Festival. Film Festivals are a big builder of tourism and related business. Film Festivals generate tourism by bringing overnight guests into the area as participants competi- tively and as viewers In addition to Film Festival Tickets, these guests spend dollars locally on lodging, meals, fuel and souvenirs. The Festival also serves to stren~mhen the efforts of the Florida Film Commission to promote Florida as a unique setting for the motion picture industry, and to assist filmmakers who choose to film in our area. A Film Festival encompasses much more than just film screenings; it provides for educational opportunities for student competitors, independent filmmakers and the public at large. There will be special events and collaborations with other local cultural organizations. The Marco Island Film Festival believes Marco Island and Collier County can benefit from a Film Festival to be held (for the first time) in the shoulder season of' October 1998. Not only will we see an increase in tourism and tourist dollars spent here, but a Film Festival will create partnerships with area universities, businesses and arts organizations. Our geographic location, plus attendees' who live in metro )olitan areas where (and/or) attend other Florida Film Festivals in Sarasota, Or Miami, & Ft. Lauderdale and their willingness to travel up to our 1196L~ Jlloll.vwood Fast, Florida's Fabulous Flickv, James Ponti, Tribune I,uhlishint~. 19[ N 01/.- 1997 ISLED FILM FESTIVAL attend thc M~rco Island Film Festival, plus the 2! million tourists already visiting South West, South East and South Central Florida offer a great potential ofanendanc¢. Collier County and Marr, o Is!and, through its Tourist Development T~ to be used for marketing and advertising, r~n begin the process of creatin§ a Film Festival here. Application for these funds is being made to the Tourist Development Council at its October 20, 199"/meeting. FILM FESTIVAL: An Economic and Cultural Benefit The creation of a Film Festival is undertaken by communities for two primary reasons: as an economic stimulus and as a celebration of film as a cultural and artistic form of expression. Economic Benefits "Arts programming has an immediate impact by stren~mhening the eco- nomic base of all of our communities. It helps to stimulate business development, attract new businesses, create new employment opportunities and make each and every locale a nicer place to live," states Sandra B. Mortham, Secretary of State for the Florida Department of State. Based on other Film Festivals (of which there are over 300 internation- all)'), we proiect 2,500 out-of- area attendees averaging a two-night stay our first year. In addition to the Film Festival tickets purchased, communities with Film Festivals enjoy ancillary spending by attendees. Additional spend- in~ includes lodging, restaurants, fuel and souvenirs. Part of' the Festival's go'al is to encourage out-of-area ~Ssitors to take time to enjoy our white [, sandy beaches, excellent shopping, dining opportunities and various sporting activities. An additional goal is to provide a backdrop for filmmakers to visit and experience our unique South West Florida environment by attending the Festival and thus encourage them to return with a film production project. Should just one filmmaker return with a project similar to GONE I.'ISHIN, which generated 5;10 million of revenue into our economy, the return on our initial investment would be 3400%. Cultural Benefits "Support of a Film Festival is a reflection of a communityjs commitment to being in the forefront of arts leadership in their State, according to Florida's Secretary of State, Sandra B. Mortham. "Films provide audiences with a unique opportunit) to a~Oar~j:T .~[al~e similarities and the differences that exist among th( ma~l~°Px"o~e world. We are both entertained and educated about, uhur~,,lb.at intrigue us whelher the film revolves around villagers in New Guin~,L)~e~d~n~ a t:IRST ANNL !;\I. iY'gARCO ISL&ND FILM FESTI\,7 L trailer park in Texas or students on a road trip across the United Slates.' This, according to Burr ^aronson, chairman of the palm Beach County board of Commissioners and Co-Chairman of the Palm Ilcach International Film Festival in 1997. There arc over 300 Film Festivals held nround the world. They va~ in lenglh from 30 days to 3 days. Some draw upw;mls ol' 70,000 atlendees, some I,~0. All of them suppo~ and po~ray film a~ an ad Ibrm in today's society. More and more film in it's various IBrms and I~rmats has become pan of our daily Fives. As an rcllec~s lil~. so film rcllccts li[~ as an art Ibrm new io this ~ntu~. Film has proven lime and again, that there ~s no better way lo cducnle, cnte~ain and inspire so many people than through thc cinema screen As ~cccmly ;~s Au~'t st 13. 1997 it was repro'md in thc Naples Daily News that Gerald ('clcnlc. o1' Thc 'Dcnds Research lm;lilulc spoke to the 30th annual Govcrm.'s Conl~rcncc oJ' 'i'm~rism whc~c mo~c limn gOO tourism indust~ prot~ssion;d were in :~ltcmt:mcc One o1' his ~ccommcndallons to attract more tourists lo l.'h.'ida was to "c, catc more cuhurld, music and a~ t~stivals unique to Florida". We. in (,ullicr (]mmty Imvc thc opportuni'y t- d-.i.st ll~is by organizing and creating a lbs're;st cclclm,tinu and displaying a p;ul o1' our culture through film. i~O.i.i~NTiAI, lfC()NOMIC IMPACT '1'() COLblER COUNTY A'I-I'I~NDANC[ i{S'I'iMA'I'I~S 2500 ( )t l7L()l'L('OI INT')' VISI'I'ORS I()()0 IN-( '()lINT)" i,ARTI('II'ANTS OVERNI(ilITSTAYS' Ilascdon80%°l'2'Sl)[l(hd'°lLC°untyVisitors (80% ligt,,c based {m rcs~irch ol'othcr I.'ihn I.'cslivals) ' - 400uucstsX $100(avg ~uom rate) $40,000 ()nc N~ght - ...Y, __'~. v ~200 c' _.~_~~ .F~tL~jghts _ I6OU ~~- S360,000 'l'~lal potential ()vcrnight Dollars Ancillary SIm"ding (to h~cludc. Ibod, I~cl. souvenirs, cie ) 3()(}O in_and-out-olLcount~ guests X 57(}' S210,000 $990,000 T()TAI, I~()'I'j{N'I'IAI' IMPACT AlJdiliOlulJ imlmd: Should jll~l Ollr filmn,~[*r rrlllrll wilh ~ proj{cl similar Io (~'l~t~t' I.~.~'hitJg, which gcnt-r~lrd ~11} million ~[ r~v¢~lu¢ illlo our FIRST ANNUAl. lvbNRCO ISLAjND FILM FEiSTIVAL Attendance at other Selected Film Festivals Fc.~!iva I 199..1 1')94 1995 I ~196 1997 Chicago. III (33rd Annual) 70000 FI. L~udcrdalc Film f¢$1ival 35000 Nanluckct. Ma (2nd Annual) 2000 4000 St Louis Film Fcslival 4300 6900 7300 8000 10000 (6Ih Annual) ........ Tclluridc. Co 50(K~ 5000 (241h Annual) Pop. 1500 ........... It is common for Film Festivals to depend upon grants, corporate sponsors, individual memberships, and special events for a large portion of their operating funds. For example, the Palm Beach International Film Festival's primary sponsor is the Tourist Development Council which contributed $400,000 their first y~r of operation and then tripled their contribution to $1,200,000 their second year.* Funding for the Marco Island ~:tlm Festival is being s°ug~t on many levels. Corporate Sponsorships in the way of cash and in-kind contributions are being pursued locally and on a national level. Individual Memberships have already brought in upwards of $8,000. Some grantors that will receive applications from the Film Festival include: Florida Cultural Arts Program (State of Florida, Division of Cultural Affairs) ...... 'I~i'6~da Arts Council (aris gervmes Counc, I) United Arts Council (Collier County) Florida Cultural Facilities Program National Endowment For The Arts Collier County Tourist Development Council Collier County Community Foundation New York Times ...... .S~ n~.t Foundation ...... , ............ ..... ~. Florida Power and Light Foundation Mobil Corporation Foundation Richard Florsheim Art Fund McKnight Foundation Florida Water AGENDA ITEM No._~i NiA'RCO ISIs\ND FII3 FESTIVAL There are two primary target markets to be addressed. !. Those who attend film festivals as viewers (film aficionados) and 2. Those who attend as competitors and members of the film industry. Within this competitors category are two target groups. A. Student competitors from 4th Grade through Post Secondary School --.nd B. Industry Filmmakers A~DVERT! $ FNQ_FO R FILM F E5_l'I VAL ATTEND EE__$_.(AF! Cl ON ADO S ) Newsp3pers Radio Television Periodicals Posters Marco island Film Festival Website TARGET PERIODICALS IN METRO AREAS NO MORE THAN 4 DRIVING HOURS AWAY (i.e. from Orlando south) Possible periodicals include: MAGAZINE PUBLISHED CIRCULATION. Ft. Lauderdale - Downtown Monthly 5,000 Ink Nineteen Monthly 30,000 Attitudes (Sarasota) Monthly 20,000 Boca Raton Bi-Monthly 20,000 Florida Living Monthly 41,000 Florida Trend Monthly 44,025 Gold Coast Magazine 9 times year 15,000 Miami Today Weekly 32,200 Ocean Drive Monthly 40,000 Orlando Magazine Monthly 35,000 Palm Beach illustrated 10 times )'ear 35,000 Sarasota Magvzine Monthly 15,000 South Florida Monthly 60,000 Tampa Bay Bi-Weekly 40,000 XS Mag~.ine Weekly 55,000 ADVERTISIN__G_FOR INDUSTRY COMPETITORS This advertisinov/promotion must begin in December 1997. Many films to be considered as entries into a fall '98 festivzt are, or will currently be, "works in progress". Therefore, their production team must be made aware of the Oct. 98 Marco Island Film Festival to be able to participate. Possible periodicals to put information in both purchased, in trade and free list- ings include: AGENDA ITEM No._~._/~"' ! NOV - 4 1997 J lviARCO ISLAND 'FILM Pt',BTIVAL ~ATION PU~LI S HE D__~__ M ovi eM aker Bi-M onthly The Independent Film & V~deo Monthly Director's Guild Assoc. News Monthly Screen Magazine Weekly 15,000 Hollywood Reporter Daily 34,??0 Scenario Magazine Movie Line OTHER KEY PLACEMENTS FOR INDUSTKY PROFESSIONALS 30,000 35,000 Independent Feature Project Film Tradcshows (New York, London, Los Angeles) in partnership with the Southwest Florida Film Commission Website - Currently bcir, g developed for the Marco Island Film Festival AD,,,rERTISING FOR STUDENT COM'PETITORS Florida Department of Education Website Mailing to all Florida Schools Marco Island Film Festival Website POSSIBLE PUBLICATIONS FOR EDUCATOR INFOPdvIATION NEA(National Education Assoc.) F.A.M.E. - (Florida Association of Media Educators) Monday Report (Through Florida Dept. of Education) Pelican Post (CCPS Newsletter) Florida State Univ. Film School Miami Dade Community College Film Dept. Univ. of Tampa Film School Univ of Central Florida Film School Orlando College Film School Marketing and Advertising Plan Timeline on pages 10 & 11. PARTNERSHIPS According to the Random House Dictionary "a partner" is "a sharer or partaker" also ' a player on the same side or team as another". The Film Festival Project has greal potential to establish partnerships and alliances with a variety of local organizations. By the very nature of film as an artistic endeavor, other cultural organizations will be pursued to affiliate with our project. F~ exaI~ILtNDA IIEM Uo.__~_ ~'*/ NOV - q 1997 5? FIRST ANNUAl. MARCO ISI_AND FILM FESTIVAL 25~o0 1 o3o $99o,(0o.oo The Marco Players The Naples Players The Naples Philharmonic Center for the Arts United Arts Council Naples J_a:,z Society Southwest Florida Children's Theatre Florida blotion Picture and Television Association South West Florida Film Commission Florida Entertainment Commission The Student Competition Division lends itself to affiliations with Educational Institutions on many levels Some that will be initially pursued include: POST _SE__~_CONDAR Y Edison Community College Florida Gulf Coast University Florida State University International College of Naples University of Miasni, Florida Florida International University SECONDARY_ Ban'on Collier High School Gulf Coast High School Lely High School St. John Neumann East Naples Middle School Pine Ridge Middle School Charter School Manatee Middle School Everglades School Immokalee High School Naples High School GulWiew Middle School Immokalee Middle School Golden Gate Middle School Oak Ridge Middle School CELEBRITY PROMOTIONAL ADVERTISING One of the attractions for overnight visitors to a film festival is the opportunity to see and interact with celebrities. Celebrities will participate at a festival in a variety of ways, whether it be at a tribute dinner, a panel discussion, a seminar or at a film's debut. It is expected that in order to showcase Collier County, celebrities will need to be an integral part and are therefore as important to the success of the festival as any other promoting that we will do. The exposure the)' bring to a festival and the draw that they are to the film goers who attend for the opportunity to see them are part of the promotional cost of the festival. FILM INDUSTRY MARKETING PROMOTIONAL AGENCY The Expertise of an advertising agency who specializes in the film necessary expenditure to insure the festival's success. The agency needed to secure films, Producers, Directors, Industry support promotional communications. industry is a NOV - q 1997 O~ '~ >.,. X X X X X X X ~ X x x c x X X X X x x X ~ X x x X X X x x x × x x x x x x xx xxxx x x xx x x AGENDA ITEM NoV - ~ 1997 Pg. ~=__~~ FII~,FT ANNUAL NRRCO ISLAND FILM FESTIVAL Marco Island Film Festival Corporate Sponsors As of Sept. 16. 199g Naples Daily News Marco Island Eagle Marco Beach Hilton Radison Suites Hotel Marco Movie Theater Woodward, Pires and Lombardo Island Print Shop Cyber Island Citizens Bank McFarlands'Men's Store, Taray Corporation Mary K. Charters, Inc. Kellerhouse Builders Marco Island Film Festival Individual Sponsors As of Scpl 19. 1998 Elizabeth Bimer Bill & Eileen O'Connor Anne Spencer Judy Bamey/Arturo Perez Rick & Cheran Croasdale Charles & Jennie Cummins John & Juanita Farrar Charles Horn Pierre & Angela Lesperance Douglas McLean David & Judith Miller Jack & Mary South Catherine Felchnann Virginia Gibson Winifred Heuer Patricia Rainey Alice L. Hjortland-Walkup Judy Farmer Ten'3' Scarleu Robert Stakich Helen Cavanagh Margaret Cuba Chris Curle/Don Farmer Hap & Wendy Happney Kati~ryn Hunt Sandy Marzullo Vivien McSwain Al & Connie Mueller Joann Stewart Charlene Fisher William & Elisabeth tq Thomas & Joanne I~ Philip Read Bernice Wienie, ,,ski NOV - 4 I~gO Pg ...~~.___ MARCO ISLA2qD FILM ~__~TIVAL · · Exhibits AG£N )A ITEM NOV - ~, 1997 ~.,. 6'3 Monday. September 0g. 1997 Fort btycrs '~ Naples To whom it may concern: As the director of the Southwest Florida Film Commission. I wan't to convey to you my support of the Marco Island Film Festival. I believe it will be a strong compliment tn our mission to benefit tourism and economic development. The film commission exists to bring film and television proiectr to the area. which generates millions ofdolJars for the local economy on many levels and promotes the area to tourists. From my perspective, a film festival is a natural outgrowth of film production. ]t w/Il bring filmmakers to the area to exhibit their work, and it will bring in other members of the film community: producers, directors, and location managers. thus giving us the opportunity to showcase the area to key industry members. A film festival also creates tourist traffic from film aficionados. All of these groups generate hotel room nights, restaurant traffic, and shopping in our community. Finally, this is also a great toot for economic development, because a film festival will generate revenue and expand the area's cultural community, making southwest Florida more attractive to business. The Southwest Florida Film Commission is willing to support this effort by promoting the festival at Lhe trade shows we ;trend every year. These shows generate more than 90,000 film industry attendees each year. I am also willing to serve on your advisory committee and assist in any other way [ can. Please let me know what we can do to make the Marco Island Film F_,~tival a success. Director 24840 Burnt PLne Drive. Suite (.)ne, Bt,nita Springs, Flnrida T¢lephtmc: 941 . 498. 5498 '~' Fax: 941 . 498..5497 3395~,GE'ND A ITEM NO. NOV -C 97 Pg._ J For Otticial Use o, yj "' ' ........ P.O. Box 2002 (941) ~2-FEST (3378) PRODUCTION LENGTH Marco Island, FL 34~4~ ~.marcoislandfilmfest.com Minutes Student Eni Form 1998 ~;tate DEADLINE: JUNE I, 1998 Oradts 4-e: 15 ~n~e maximum Orad~ 10- Post + TITLE: 3o minute ma~mum ,M .A Fl l2vl FESTI\/AI. Grade: Objective/intended Audience: ( ) 4-6 ( ) 7-9 ( ) 10-12 ( ) Post secondary Category - X one ( ) Comedy/Drama ( ) Documentary/Informational ( ) PSA (60 second maximum) List Equipment Used Cameras: VCR's/Editors Computers: Special Effect. s: Production Type - X one ( ) Animation ( ) Computer Generated ( ) Live Action Format - Xone ( ) Video Tape ( ) Film Software: Other: Audio: ( ) Silent ( ) Original" ( ) Pre-recorded*~ Script: ( ) Original ( ) Adaptation Artwork: ( ) Original ( ) Copied""* "~ REQUIRES ATTACHED SIGNED PERMISSION (County) (State) PRODUCED BY: (Category) (Minutes) (Title) (School) (Grade) SAMPLE LABEL Name(s}- The way your award will read. Use back if necessary. GRADE: SPONSOR' SPONSOR ADDRESS' CITY: STATE: ZIP: PHONE: SCHOOL: I certify that this entry has been produced by students, without adult aid (other than advisory assistance), and that the entry complies with the rules and guidelines set forth by the M.I.F.F. committee. I give approval for the M.I.F.F. to use this presentation for future motivation and/or promotion. Sponsor Date I certify that this entry was created entirely by myself' without the aid of media professionals other than advisory assistance. I certify that this entry was produced in accordance with the guidelines set forth by the M.I.F.F. committee. I give approval for the M.I.F.F. to use this presentation for future motivation and/or promotion. Student(s) Date Use back If necessary. *"1 created or own the copyright for the music used in this production. I give approval for t this presentation for future motivation and/or promotion. Adult I Student Musician, ,Arranger, and Composer Circle on(: Date This form may be copied ~e M.i ~END ~{T~EM ~c ;t MAkCO ISLAND FILM FESTIVAL Founding Sponsor Marco Island Film Festival $50,000 Sponsor Logo on Film Festival Trailer (Trailer to mr, before all movie sho~ngs at Marco Movie Theater for one (1) year prior to, and during Feslival. This promotion can not be purchased!) Sponsor mention in all TV advertising. Sponsor mention in all Radio,advertising. Sponsor Logo in Wall Display Marquee at Marco Movie Theater for one (1) year prior to, and during Festival (This promotion can not be purchased!) · Sponsor Logo on street banners along Collier Blvd. promoting event. (~ promotion can not be purchased!) · Sponsor Logo on Festival Schedule. (This promotion.can not be purchased !) Sponsor Logo added as link to World Wide Web page. (This promotion can not be purchased !) Sponsor Logo in all Festival newspaper and print ads. (This promotion can not be purchased!) Sponsor Logo in newspaper Thank You - recognition ad. (This promotion can not be purchased!) Double Truck color ads in Festival Program. (~work to be supplied by sponsor) Sponsor listed in Festival Program - recognition V.I.P. photo passes commensurate wit] as corporate sponsor. ad. AGENDA_ITEM-- NOV - ~ ~9~ TItE MARCO EXECUTIVE SUMMARY DIRECT COUNTY ATTORNEY TO AMEND ORDINANCE NO. 92-60 TO PERSHT NATURE CENTERS AS AN AUTIIORIZED TOURIST DEVELOPMENT FUND USE AS PERJ~II'UrED BY FLORIDA STATUTE OBJECTIVE: To direct the County Attorney to amend Ordinance No. 92-60 to permit nature centers as an authorized Tourist Development fund use as permitted by Florida Statute. CONSIDERATIONS: At the October 20, 1997 meeting, the Tourist Development Council reviewed an application from the Fishing Clubs Coalition of Southwest Florida for $25,000 for construction of an artificial reef. The Tourist Development Council recommended funding this project. However, it is not currently authorized by local ordinance. The Tourist Development Council made a finding that an artificial reef is a nature center because it provides habitat to marine organisms, and creates biodiversity in an area where none existed before. These areas are then made available to the public to be used by fisherman and divers. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: If the Ordinance is amended and the project approved, an existing Tourist Development category would need to be reduced by $25,000 to provide funding. RECOMMENDATION: Direct County Attorney to amend Ordinance 92-60 to permit .ature centers as an authorized use of Tourist Development funds and identify existing Tourist Development tax category to be reduced. Prepared by: (~ ~ d Jean G~sel, Budget Analyst Reviewed by: /4~,.,q,~~ ._f~ ~ Michael Smykowski, OMB Director Date: /0 j~- 9/'7'7 AGENDA ITEM No.'B£ NOV - 1997 Pi[.,, ~. Collicr County Tourist Development Council Grant Application Funding for Calcgon.' B (Promt. tion and Advertising of Tourism in Collier Count)') and Calcgory C (Local Projects and/or ActMtics which Promote Tourism in Collier Count)'). Complcled applicalions must be received at Iht below address no later Iran 5:00 P.M.. Septembcrl, 1997. Administralor Collier Count)' Tourist Development Council County Administrator's OfFice 3301 Easl Taminmi Trail Naples, Florida 34112 Name and Address of Applicant Organization: Fishing Clubs Coalition of Southwest Florida Contact Person. Title, and Phone Number: Al "Red" Stier 192 Trinidad SL Naples, FL 34113 941-394-2978 Organization's Chief Official and Title: Lee llarkness, President Is this an application for Category B (Promotion and Advertising in Collier Count)') and Category C (Local Projects and/or Activities which Promote Tourism in Collier County).'? Check one: Category B~ Catcgon.' C X How much TDC funding is your organiz, alion requesting? S25,000. Briefly describe program including: Your organiz.'uion's ca~'~bility to promote Collier Count)' as a tourist destination. blembers of the Fishing Clubs Coalition of Southwest Florida belong to thc F' Writers Association. Arllcle$ will be written for Fishing and Outdoor Maga: Programs will be broadcast on local radio and television shows such as Angle ~rida Ouldrmr ine~. AGENDA ITEM NOV - 1997 also thc World W~dc Web will bc utilD~:d lo expound on thc wnrld class fish[nj available in ColHcr County. Geographic focus of promotion, i.c. Collier Counl)', Marco Island, Evcrgladcs, clc. Coastal and near shore Collicr Count)'. 7. Application mus! bc nccompanicd by Iht following: a) Verification ofnol-for-profil Slalus N/A b) Last fiscal)'car financial stalcmcnl N/A c) Incorporation papers unless specifically waived by TDC NIA d) Detailed linc ilcm budget for program from both revenue and expenses. All funds will be dcposilcd in Ihe County's Arlificial Rccf Construction Cosl Ccnler No. 178280. c) Detailed description of proposed plan f) A marketing plan rna.',' tx: subsfiiuicd for ilc,n d and c above. C. alegory C projects and activities which promolc lourism should havc an emphasis on lite "shoulder and offscason" of May lhrough November. Whal is lire schedule cL'ue(s} for)'our project/activi£y7 July through October. Discuss ho,,,,' .','our organi;,.'~fion will measure lire number of visitors allracled and lite number of room nights gcncraled by )'our event. Many people staying in Collier Count)' ulilizc the artificial reefs for recreation both fishing and diving. It would be difficult lo determine the aclual numbers of people utilizing the reefs. Categor7 C Selection Criteria: lO(a) Idcntify the potcntial for altracting "shoulder and off season", out..of-.countv visilors as spectators or participants exprcs.~xt as "sl,oulder and off season" visilors ailracted per :l'ourisl Development dollar expended. Nearly all visitors to thc counly during the shoulder and off season utilize thc marine resources this area offers. One of the most popular of these resources is sport fishing. From /',la)' until Jul)' this area supports ~me of the best tarpon fishing in the world. Ils also during this lime that permit, cobia and snook are found on the artificial reel ~. inCr~DA ITEM NOV - Lq9? lO(b) lO(c) lO(d) lO(c) lO(O 10(g) lO(b) thc number of reefs incrca.c, es thc amount or habitat Io support thc< important game fish. Many fishermen arc willing lo pa.,, lop dollar for Iht opportunity to catch a trophy fish. Identify the potential for al[farting "out-of-county" visitors as spccta:ors or participants, expressed as "out-of-county" visitors attracted p.'r Tourist Development doPar expended. Tarpon fishing in this is area is without a doubt world class. Durinl~ Iht w.a~n from May until July people travel to this area from around the world for thc chance to catch a ".~ilvcr king". Thc best fishJnl~ L-didos also know Ihat thc artificial reefs arc altracling other popular game fish. These guides offer their clients a chance at a "grand slam"; boating: a tarpon, snook, permit and cobix. Providing additional habitat for thew. fish will helI} insure this opportunity exists. Identify thc estimated numar of hotel/motel or campground nights gcncrated from thc allocation of Tourist Development funds expressed as ovcrnighl stays per Tourist Development dollar expended. Il would be very difficult 1o estimate thc number room stays gcneratcd from this project, however it can be assumed it will |ncreaw. slightly. Idcntif)' [l~c matching dollars provided by )'our organization cxprcssed as ma~ching dollars by )'our organization expressed as malching dollars per Tourist Development dollars expended. Thc S25,000 of Tourist Development money will be used to match S25,000 in State and Federal artificial reef construction grants. Identify thc fl~turc grox~lb potential of thc project being submitted without Tourist Devclopmcnt funds as T'DC funding is to be rcgard'~l as sccd money, not continuous funding. It may bc possible to find funding for artificial reef construction through state and federal grants, however in recent .','ears fewer and fewer grants have been awarded to counties with no matching funds. Discuss tile soundness of your out.of-county marketing plan, specifically in Icrms of bow thc event will be promoted to draw out-of-count)' visitor~. Thc coalition docs not have a specific markcting plan, however members of the clubs making up the coalition come from ali over the world. Discuss )'our organization's management and stability, in Icrms of its abilit)' lo manage tile project in accordance wilh regulalions and to achieve the intended resulls. The organization is requesting funds to allow the Collier County Artificial Reef Program to build additional reefs. All funds received from the TDC will be deposited in Fund No. 178280, Discuss )'our organization's readiness to implement thc project. Artificial reef construction can begin within 60 days of receiving thc funds. Thc County's bidding policies will be used. AGENDA ITEM No._ NOV - 1997 I0(I) Discuss why funds arc unavnil:~blc from oilier sources. Tourisl Dcvclopmcnt funds should no~ bc viovcd as supplanting or replacing cxisling funding sources. Artificial rccf construction in Collier County is dependent on slate and federal grants. Each )'ear thc compctitlon for Ihese grants increases. In 1997 Ibc state recch'cd 124 applications for 16 grants. Collier Count)' ranked 18'~ and did not rccclvc a grant for 1998 reef conslructlon. All of thc counties receiving grants this )'car had matching funds. Discuss thc capacity of thc project to cnrich thc artistic, cultural and cnviromncnlal attractiveness of thc community to thc visiting public and compatibility with thc community in general. blost pCOlfiC visiting Collier County do so In enjoy thc man)' rccrcational pass times available in this community. Fishing and SCUBA diving rank high in these activities. Constructing additional artificial reefs increases the area were these activities can take place. I have r~qd the Tourism Grant Program guidelines and crilcria and Resolution No. 93- and agree that my organization will full5' comply wilh Ih¢ guidelines and criteria a Rcsolution No. 93- . Signature of O, rgani~ons Chief Official I '7 AGENDA ITEM No. ~ ~._n~.. EXECUTIVE SUMMARY APPROVE FUNDING BEACH MAINTENANCE ACTIVITIES FOR $481,300 TOURIST DEVELOPMENT BEACH RENOURISHMENT CATEGORY OBJECTIVE: To approve funding beach maintenance activities for $481,300 Tourist Development funds, Beach Renourishment category. CONSIDERATIONS: At the October 20, 1997 meeting, the Tourist Development Council reviewed an application for beach maintenance activities. The City/County Beach Renourishment Committee also reviewed the application and recommended approval to the TDC. The TDC unanimously recommended approval of this project. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: Sufficient funds are available in Fund 195, Tourist Development Beach Renourishment category/'or this project. A budget amendment is necessary. RECO~IENDATION: Approve £unding beach maintenance activities for $481,300 Tourist Development funds, Beach Renourishment category and approve budget amendment. ~/ ean Gansel, Budget Analyst Reviewed by: tnT~ ,ff'~ Michael Smykowski, OMB Director Date: AGENDA ITEM NOV - q 1997 Pg.. I ,. NA TURA L RF~OURCES )~£ANA GIe, lfEaVT 7J$ 8TII STREET SOUTlt, NAPLES, FL 34102 941-454-4655 Suncora 974-4655 FAX NO. 941-434-3059 TO: Board of County Commissioners, Collier County FROM: Beach Renourishment/Maintenance Committee THROUGH: Collier County Tourist Development Council SUBJECT: Beach Renouris~ment and Pass Maintenance Funding Request Reco~.mendation The attached request for TDC Category A funding, submitted by_the Collier County Board of County Commissioners : to be used for_routine maintenance of the Collier County and Marco Island beach restoration projects : is recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments:__maintenance activities include beach cleaning and post storm debris removal, profile maintenance by fill and scarp removal, dune maintenance, maintenance of structures, and beach ~~~/~~. Date <~//~ Ri--~ard Lydon, Chairman - AGENDA ITEM NO I/- 4 1997 Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass .Maintenance (Beach Improvement, maintenance renourishment, restoration and erosion control, including pas~ and inlet maintenance) Completed applications shall be submitted to the following address' Administrator Collier County Tourist Development Council County Administrator's Office 3301 East Tamiami trail Naples, FL 34112 1. Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Harry Huber _ProjectManager III 774-8192 '9 Organization's Chief Official and Title: Commissioner Timothy L. Hancock, AICP Chairman Board of County Commissioners Brief Project Description: Beach Maintenance Activities EXtlIBIT A AGENDA ITEM No. N 0 V - Collier County Tourist Devclopmcnt Council Grant Application Page 2 5. Estimated project start date: October 1, 1997 6. Estimated project duration: One (1) year 7. Total amount requested: $481,300.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ~ No X 10. Identify the goals and objectives for the project: The project consists of activities associated with maintenance of the Collier Count,.' and M'arco Island Beach Restoration projects which includes: I. Beach cleaning and post-storm cleanup 2. Maintenance of the beach profile bv placement of beach fill at erosional hot spots and performing .scarp removal. 3. Dune Maintenance 4. Mainenance of Structures. 5. Beach Tilling Describe what benefits will be received from the project: Proper maintenan~:e of the restored beaches will enhance longevit_v of the design life, effect potential Ionq-term cost savings and provide an aesthetically pleasing environment. 11. Describe how the effectiveness of the project will be evaluated: Effective maintenance and performance of the beach fill as designed ',','ill be determined through the annual project monitoring .r. equirements. 12. Describe how the project enhances existing County Tourist Development programs: Proper maintenance (;)f the beach r(;:storation projects will help tO ensure the viability of the area's major tourist attraction. AGEN?~ ITEM NOV - zl 1997 Pg .~...~ Collier County Tourist Development Council Grant Application Page 3 13. Describe how financial resources will be monitored: T_he proicct budget will be ma~n_aged throuv, h_thc existing; financial and maria ement tructure~ili be administered by a proiect manager in the Office of Capital Proiects Man_agement~. 14. The basis of the project bud,;et consists of estimated costs a~so.___ciated with maintenance of the Collier County and Marco Island. Beach Restoration Proiects. The total amount of the proposed bud,.et is $481,300.00 Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objectives outlined in the blission Statement? Yes(X) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the Count)'? Yes(X) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part beach restoration project an management projects? of the ongoing Collier County dior pass maintenance/dredging/ Yes(X) No( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes( ) No(X) AGENDA IT E M-"~-~ No._ _&53 e N0V Pg. Collier County Touri.~t Development Council Grant Application Pagc 4 Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes ( ) No(X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes(X) No( ) Is there a potential for an alternative/matching funding source? Yes( ) No(X) If "Yes", please identify Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) Has the project been reviewed and recommended by the Beach Ren.ourlshment/Malntenance Advisory Committee? Yes. This application will be considered bv the beach Renourishment/Maintenance Committee at their ree,.ularlv scheduled meetine:. Their recommendation will be for~varded under separate cover. AGEND&IT. EM N 0V - 1997. 'Collier Count)' Tourist Dcvclopment Council Grant Application Page 5 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. ........ ' " 's ~£flc~al or Designee' Signature of Orgamzatton ie~ ' ' ' Date: [P/~(~ - "Director o£ Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of Count)' Commissioners. Approved by Board of Count>' Commissioners on August 24, 1993, Agenda Item 16 (H) (2). HEHIIh/I I CoIlicr County Tourist Dcvctopmcnt Council Grant Application ?a~;c 6 PROJECT BUDGET BEACH MAINTENANCE ACTIVITIES ACTIVITIY BEACH CLEANING OPEP,.ATION$ (a) Collier County (b) Marco Island . MAINTENANCE OF BEACH pB, OFILE (a) Collier County (b) Marco Island DUNE MAINENANCE NiAINTENANCE OF STR. UCTUP~ES BEACH TILLING (a) Collier County (b) Marco Island TOTAL AMOUNT $64,000.00 4~,,000.00 $1']0,000.00 80,000.00 S53,200.00 S$0,000.00 S13,600.00 2,500.00 S451,300.00 HEH/Ih/I 147g AGENDA - 1 97 RECOMMENDATION 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. ~ For the Board to consider and approve a proposed settlement of Stringer v. Board of County Commissioners of Collier County, Florida, et al., Case No. 97.178-CIV-FTM' 23D, United States District Court for the Middle District of Florida. ' t em loyee Pauline Stringer filed an action against the County on or around April zt, tv~, t e U ' 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 settle her claims against the County for $40,000 (to be treated as wages for purposes of taxes and othcr required withholdings). A copy of a proposed form of settlement agreement and release is attached to this Executive Sun'unary 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. 0If the settlement is approved, the County will be responsible for paying Ms. Stringer $40, from its self-insurance retention fund, Fund 516. If the settlement is not approved, the County is likely to have costs in preparing for the trial of Ms. Stringer's claims of (Notably, bls. Stringer's claims must be tried in in the neighborhood of at least $15,000. court order. Thus, the County will bear the cost of Tampa, Florida according to a recent federal housing its attorneys and witnesses for the three to four days it takes to try the case.) In addition, if successful, Ms. Stringer would be entitled to compensatory damages up to $300,000 and also would be entitled to her reasonable attorney's fees and costs. Reasonable attorney's fees and costs in preparing for and trying a case such as this one are estimated to be approximately $55,000 to $60,000. None. ount Commissioners consider and approve a ....... ~,rTr~q. That the Board of C Y ~'-.;~ County, Florida, et al., Case l~kF~~oard o[ County Commissioners oj t. u,,,~- . Chairman to settlement ofStrmge- · - No. 97.178-CIV-FTM'23D and all other related claims and that it a. athcrize the 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 REVIEWED BY: '/i~pWalker' Direc~ RisR~-t~anagement Del~artment APPROVED BY: County Attorney Date:~ 2 ~,II_LEblENT 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; WHEF~EAS, 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 unknown, asserted or that could have been asserted by Stringer in the Lawsuit, including but not limited to all claims for compensatory damages, reinstate~.ent, front pay, back pay, attorney's fees and costs, and also desire to fully and finally resolve any and all claims, whether known or unknown, 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; WHSREA$, 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; NOW, THEREFORE, 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 employment or applications for employment with the County. 2 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 employment 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 finally unconditionally, release, acquit, remise, satisfy and forever discharge the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, 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 employees, attorneys, successors, insurers, officials, officers, employees, former agents, representatives, predecessors, 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 arise 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 agrees that she has never had any claim for age discrimination against the County or 4 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 (7) 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 on any breach of this Agreement and Release by Stringer or on account of 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 frcm 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 knoll 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 employment 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 emplo]anent with the County and/or any other entity that is or has been controlled by or under common control with/of the County and further agrees that neither the County nor any of 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 emplo?ment 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 ordinance 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 freely and voluntarily executed by Stringer and the County after they have been apprised 7 of all relevant information concerning this Agreement a' ~ 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 Naples, Florida. 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 that 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 files in the Lawsuit. The County further agrees that any 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. TIMOTHY L. HANCOCK, Chairman Date: PAULINE STRINGER Date: 10 TEllS 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 Personally Known or Produced Identification Cornmissione,'t Name of Notary Public (Please print, type or stamp) Type of Identification Produced My Commission expires: Approved as to form and legal sufficiency: Michael W. Pctt/t Assistant Count)' Attorney 11 EXECUTIVE SUMMARY BOARD CONSIDERATION FOR APPROVAL OF A REx, qSED DRAFT MEMORANDUM OF UNDERSTANDING-ENVIRONMENTAL IMPACT STATEMENT (ELS) SOUTHWEST FLORIDA, BETWEEN THE ARMY CORPS OF ENGINEERS, COLLIER COUNTY AND LEE COUNTY. OBJECTIVE: Public hearing for Board consideration for approval of a revised draft Memorandum of Understanding-Environmental Impact Statement (EIS) Southwest Florida, between the U. S. Army Corps of Engineers, Collier County and Lee County. CONSIDERATIONS: On Aueust 26, 1997 the Board directed Chairman Hancock and the County Attorney to work with the"Cha.,-nber/Economic Development Committee (Chamber/'EDC), Lee County and county staff persons and the U. S. Army Corps of Engineers (Corps) to receive input and to further discuss and revise a draft of a proposed Memorandum of Understanding relating to an Environmental ~,pact Statement for portions of Lee and Collier County. The Memorandum of Understanding would be signed by Collier County, Lee County and the Corps as the principals. Since the August 260` Board direction, the Corps has completed its revisions and addressed the blanks contained in the September 9, 1997 draft. This most recent document as attached hereto as Exhibit "A", was received by the County September 29, 1997, reviewed and discussed by County Attorney, staff and Chairman Hancock. It is our understanding Corps representatives are endeavoring to be available on October 21, 1997 to discuss the draft and respond to questions as to their need for some of the proposed draft language. A. On or shortly after August 12, 1997, Lee County transmit'ted to the Corps a draft Memorandum of Understanding (MOLl) that had been revised by the ChamberFEDC and reviewed by Collier County Attorney's Office. Bo At a September 2, 1997, meeting with the Corps representatives, the Corps submitted a Summary of Comments and Revisions dated September 1, 1997. This document contained the revisions requested by the Corps. Certain provisions of the MOU summary were noted for further discussion and modification which continued at meeting of September 3, 1997. A "blending" of some of the CharnberFEDC, County and Corps suggestions was effectuated. Co On September 29, 1997, the attached draft received from the Corps. as presently scheduled for p The attached draft MOU generally provides as follows: Ao page 2. Last Para_m'aph. The Corps will prepare the EIS with the cooperation of Collier an ! Lee County Boards. These three parties are the "Principals." The provision has removed lhe signature status of the cooperating agencies (CA's) and participating Organizations (?O's). See below point Q. B. Page 3. Para~aph 1.1. The term of the ElS is 18 months. The start date will probably need to be changed. page 3. Para~aph 1.2. The area of the EIS study is generally referenced as noted. The final limits will be defined through the open public scoping process. The Corps said it could not pre-commit to a defined area due to EIS procedural requirements. Do Page 3. Para~aph 1.3. The scope of the EIS is generally referenced. The final nature and extent of issues will be defined by the open public scoping process. The Corps said it could not pre-commit to a more defined scope due to EIS procedural requirements. Page 3. Para.apb 1.4. The Counties' existing comp plans will be considered the Counties' and the State's preferred alternatives. In essence this means the Counties can maintain that their existing plans and related studies should be considered as the preferred basis of the EIS. As the purpose of the EIS/MOU is to come up with a "consensus alternative", through the EIS process (see below), you should be aware of the potential of revised recommendations and conclusions pertaining to the Collier Comity Land Use Map and related elements. The Corps said it could not pre-commit that the Counties' existing comp plans would be the preferred alternative of the EIS. F. p~,ge 3. Para.apb 1.8. Field verification provision was added at the request of the Chamber/EDC. Go .[',age 4. Para~aph 1.10. The provision on Count~iabili _ty' was added at the request of Lee County. It is important to th. is MOU and not objected to by the Corps. It allows the Board the ultimate legislative authority to weigh implementation against potential takings claims. page 4. Para~aph 1.11. Certain provisions of the EDC prior draft on regulatory takings and the prevention of construction of transportation facilities were not implemented. The Corps position was that the study itself does not mandate action nor is it a regulatory document until fully implemented. The Corps could not pre-commit on any scope limitation. I. ~i~ge 4. Para~aph 1.14. The EIS is to be funded by the Corps, and CA's or PO's ifthey so elect. There is no obligation on the County to fund the EIS. J. ]~ag¢ 4. Para.apb 1.15. permilting. References pending applications in The Corps has added the last sentence tha Page of 4 light of EIS study., implemented before any state or federal agency can impose requirements based on the EIS policy recommendations. However. the agencies can use factual information generated during the £IS as best available information. K. l:'ageS. Para?apb 1.16. A major goal of the EIS is to provide criteria for the development of a general oermit, criterion for determining appropriate level of mitigation and identification o'f' areas of particularly sensitive environmental value to be targeted for preservation or restoration. I,. Page 5. Param'aph 1.17. EIS activities must give appropriate weight to the economic impact on property owners. Every consideration will be given to ensure that the ElS will not result in detrimental impacts to economic development. The Corps indicated it could not pre- commit to the EDC language that required revision of any EIS provision the application of which resulted in detrimental impacts to economic development as NEPA does not establish that the preferred alternative be the one with the least economic impact. M. Page 5. Para,apb 1.19. Florida Sunshine Law provisions will be applicable to committees selected to establish alternatives. N. page 5. Para,apb 2.2. The Board provides ~put but the Corps determines EIS scope and geograpkic boundary based upon public comment and scoping process. Corps oversees the study process and final document. O. Page 5, Para~aph 2.3. The County in conjunction with the Corps and Lee County determines the membership and schedule of the study groups (see Implementation Plan). P. Page 5. Para~aph 2.4. The County has the right to withdraw, from the preparation of the EIS at any time if the Board determines it is no longer in the County's interest to participate. Q. pa. ge 6. Para~aphs 3.0 - 3.2. The participating organizations and cooperative agencies assist in developing the consensus alternative. As a change Rom prior drafts the CA's make no specific MOU commitment as to their involvement and/or role. The CA's (federal and state) are to be added by a separate commitment lener. Changed from previous drafts, DCA makes no MOU representation as to involvement in implementation of County comp plan provisions. The County provision that the DCA can I19.I require the County to adopt a provision of the EIS has thus been deleted. (See also, signature Page 7). R. Page 6. Paragraph 5.1. The goal is to establish a"consensus preferred alternative" for Corps permit review within 18 months from the ratification of the MOU. S. Page6. Para_m'.ap.k..5.,2. A goal of the process is to provide a conceptual basis for one or more general permits for the study area, the goals of which shall include those set out in the MOU. T. p~ge 7. Paragraph 5~4_. The provisions of the EIS will be submitted to comp plan review, however, the County is under no legal AGENDA ITEM No. NoN qg- ~' Page 3 f 4 C~"~~~ N0¥ U q I997 0 Page 8-10. Appendix A. Conceptual Implementation Plan. The Corps, through public scoping process, determines issues and geographic scope of EI$. The principals, with input fi.om CA's and PO's, establishes and determines the tasks of the alternatives study group (ADG). The study groups will consist of members of the general public and will receive input fi.om governmental agencies. The ADG is to identify, recommendations and alternatives to the preferred alternative (the County's comp plan. land use maps and elements) (See para~aph 1.4 Appendix A.), The goal is to identify and recommend a new preferred "consensus alternative" that can be implemented through an adopted EIS. V. A few typographical errors or word omissions still warrant correction for clarity. FISCAL IMPACT: No direct expenditure, unless County elects to contribute funding of the EIS. County staff shall expend research and review time and some material costs shall be incurred. GROWTH MANAGEMENT IMPACT: The EIS with or without Collier County participation may have a future growth management impact, although the MOU does not mandate the County to make changes to its comp plan. The application of new or revised factual information as "best available information" resulting from the EIS may have a resultant impact. RECOMMENDATION: The Board review and consider the approval of the Memorandum of Understanding- Environmental Impact Statement Southwest Florida, between the Army Corps of Engineers, Collier County and Lee County and/or provide additional direction on the matter. Prepared by: David C. Weigel ~ County Attorney October 15.1997 Date DCW/ew h:lesdexecmiv¢ surnmary,5fOU-EIS Army Corps Page 4 o AGENDA ITEM No. ct. r_t% 0 1397 4 Pg. H D-R-A.F-T KEVISlON (t~.t}e~'~ti~d~,,.~,.r.t~/17. t~i AS OFSEPTE3fBER 2c~ 1997 Memorandum of Understanding Environmental Impact Statement (EIS) Southw~t Florida BACKGROUND. WHEREAS, The National Environment~.l Policy Act (NEPA), Section 2, states ar its purpose to declare a tmtionx.l policy which will encot,.rage productive and enjoyal~te h. anv, ony between man and his environment; to promote efforts which wiil prevent or eliminate da.,,'n~ge to the environment and biosphere ~d stimhlate the health and welfare of man; and to enrich the understanding of'ecological systems and natural resources important to the Nation; and WHEREAS, NEPA, Section 101, further declares it to be the poticy of the Federal Government, in cooperation with state and local government~;, and other COncerne~l pul:ilie and private organizations, to use all practicable means to create and maintain condition,; under which man and nature can exist in produclivc han'nony, and fulfill the social' economic, and other requirements of'present and future gene?ations of Americans, and WHZER.EAS, the Corps of Engineers, under the provisions of'the Clean Water Act, is charged with protecting the physical, chemical, and biological integrity of the .nation's wares, sero include ensuring that impacts to the aquztic environmmt be avdided, if' practicable, and, if not, be minimized and compensated (mitigated) for urmv6idable impacts; md WffEREAS, the Corps of Engineers, under the provisions ortho Endangered Spec;ca Act, is charged with ensuring that any activity permitted doe~ not jeopardize the continued existenke ora Threatened or Endangered Species or adversely nmdify the designated critical h~itat; and WHEREAS, the Corps of Engineers, under the provisions bt: the Nat;oral Envirc'nmental Policy 3kct 0XrF_.PA), is charged with envaring that fede.~ actigitie~ do nor cause ~gnificant harm ~o the environment tN'ough a procedure tl~t includ~ d;veloping anal analymn, g various alternatives, considering secondary ~d cumulative ire'pacts, and weighing the public interest th. rough full public disclosure and pm'ficipation; md WHEREAS, the current process ofobtalning approval for new uses ofl .~d can be onero~ to applicants and difficult for governmental agencies due to overlapping regula'~ory ~uthorlty in which new requirements are of'ten inconsistent witfi prevlou:fiy approved plans and permits, which can lead to great frustrati6n and unproductive expenses for the applicant, and less fi'mn optimum results for the environn4el, nt, and AGENDA ITEM No. q/~) _ Page I of lO.va~e~ h, b 'l- NOV 0 I997 Pg. , WHEREAS, the state has mandated and the applicable counties have, through the Local Government Comprehensive Planning Process, coordinated land us planning and conservation requirements with local and State agencies, which resulted i'n the adoption of Local Comprehensive Plans which are the approved and binding l~d use plans for each county, end as shall be recognized by the Corps and other regulatory agencies as required by 40 CFR. 1506.2(d"); end, WHEKEAS, the Corps of Engineers is experiencing difficulty in, on a case-by-case basis, addressing its responsibilities under Federal Law due to the ificreasing number, .~.ze, and complexity of individual permit requests within the area; and, WHEREAS, thc current regulatory scheme of reviewing proiects on a case-by-ca~e basis results in incremental changes not necessarily reflective ofsy/tem-wide dr:ainage e~nd natural resource needs; and. W'HEKEAS, cnrrendy studies are underway to evaluate what: ch?.r, ges and improvemmt.~ to the area's storm waler manaflcmcnt systems are appropriate to address recent fl. oodi,~ problcms in the study area. and. WHEREAS, the natural en~ronment widfin the study area h~. been and continues to be negatively impacted by historical alterations to natural dr'aJnage patterns which occurred prior to current regulatory controls and by the spread of nuisance exotic species, particularly melaleuca and brazilian pepper, creating both the 'need and opporcuni~'y for restoration of these zreas as compensation for unavoidable impacts; and WHEREAS, the Corps h~ determined that the preparation of an Environmental Impact Statement (EIS) will result ~in a better foundation of'information end knowl~ge of ex~sting conditions and ide, tification of future alternatives for bola. ricing the demands of ~owth ~d conse~,afion ,.vlfich should result in a more effective, timely, streamlined, cost- conscicms, objective, productive, and predictable environmental permitting process for projects within the study area; and, - THEREFORE, to be~ter serve the people of'Southwest Flori~la by synchrpnJzing ~he Corps permitting process w~th the adopted local comprehensive plan, while simultaneously fulfilling the Corps' responfibilities under NEPA~ and t_ssisting other regulatory agencies in their decision making process, by signature below, the Corps of Engineers will prepare, w[t.h the cooperation of the Boards o;'County Commissioners of Collier and Lee County (hereafter referred to as the Principals), an Environmental Impact Statement CEIS). Page 2 of l O page~ AGENDA ITEM No. ._ NO¥ 0 p~. ~ D-R-A-F-T REl'TSION (t.~orlti,,,,t,oal~£.t,,b,l?,l~9~ AS OFSEPTEMBER 26, I997 D-R-A-F-T 1.0 TENETS. The preparation of the ElS will be guided by the following tenets. 1.1 'I he EIS will commence on or about October 1, 1997 and be completed within 18 months. 1.2 The geographical area ofthe EIS is generally defined to be bounded by the Estero River Basin to the north, Estero Bay to the west, Imperial River Basin to the South, and CREW to the east, but the final limits ,,,,411 be defined collaboratively during the first two months Ga an open public scoping process. 1.3 The EIS shall be restricted to specific issues relevant to the regulatory authority of the Corps and generally will include protection of wetlands, mitigation, endangered species, cumulative and secondary impacts, water management, and water quality. The final nature and extent of issues will be defined via an open public scoping process. 1.4 The adopted Future Land Use Maps and related Elements of the Collier Count)' and Lee County Comprehensive Plans and those ofthe Cities therein shall be used as the Counties' and State of Florida's preferred alternatives for purposes of the EIS. 1.5 Analysis will be holistic and regional -- individual projects or properties shall not be targeted for selective analysis or delay or implementation of EIS alternatives. Projects recognized as representative of area-wide generic issues or representing potential cumulative impacts may be included for illustrative purposes. - 1.6 Many ex/sting and ongoing studies and plans address water quality, stormwater management, wetland, and listed species impacts in the region. The EIS Will utilize these studies to the maximum extent possible and Will not duplicate or supersede any prior or ongoing local or regional studies, activities, or plans, including but not limited to Lee County's Environmental Lands Acquisition and Restoration Program and public or private mitigation bank/ng projects. It is the intent to base the study insofar as possible on existing and available data and analysis; any deficiencies must be identified as early as possible to allow sufficient time to acquire necessary additional inforrhation without delaying the process. The EIS shall be based on sound scientific and technical data and analysis. 1.7 It may be desirable to develop a Geograpb. ic Information System database to be used as the common reference and mapping system for the EIS. 1.8 Approved jurisdictional delineations, listed species surveys, and other field verified information shall be accorded the greatest weight. The study must clearly acknowledge that any information which has not been field verified will not be used as the basis for any binding decisions until such verification has occurred. Page 3 of lO pages AGENDA ITEM No. N OV 0 q I997 Pg. I~-R.'A.F-T l~EYloclON (~ae~nt~,ft,f~ut~lT. lg~,~ /~b'OFSEI'TEMBER26, 1997 D.R-A-I"-T 1.9 Private property rights shall be clearly acknowledged and respected in ElS alternatives. It is recognlzi:d that neither the Corps pe:xnitting nor this ELS convey a property right nor authoff, ze any injury to properly or L. avasidn of'other rights. 1.10 The Cot,nties ~II not be expected or required to. adopt or otherwise implement aay recommendation or finding of the EIS that w~uld, in a Caunty's ju~lgment, expo'se the County to lawsuits or poten~l damage claims, i~'cluding but not limited to, those und~ the Bert .1'. Harris, Ir., Private Property Rights Protection Ac~; or to inverse condemnation or takings da~ms under state or federal law. 1.11 The EIS itself'does not mandate action. There will be subsequent steps afte~ the study where the information in the study will be used in regulatory and other decisions 1.12 Cooperating agencies shall have the me~ing specified in 40CFR 1508.5 and may include any Fefleral, State, or local agency which has jurisdiction by !aw or special expertise · 1.13 Participating Organizations (POs) shall include representado~ from State. re~onak and local organizations including, but not limited to, business, economic development, real estate, service providers, civic associations, growth maz~agement interests, conservation and environmental organizations which can make a me,:.,tingful contribution to thc preparation of'the ElS and contribute to a balanced p, pcess. All organizations are invited to participate in the process defined by this MOU. Organizations that choose hot to be a participating orgaz,.izati'on wi. Il still ha~ full opportuplty for comment an drafts as they are released and during pubtic .hearings and meetings through the process .1.14 The EIS will be fi.mded by the Regulatory Division of'bbc Jacksonville Dis~rlct, Corp~ of Engineers, within, the constraiats of the availability of' funds to the dis'a~c~ '/'or th~s purpdse as determined by the Distfi,~ Engineer. CAs and POs may elect, .at their sbic discretion, to contribute whhin the constr-~ints of availability of'funds to them for this purpose, however contribution of funds is not a prerequisite for participation. 1.15 The Corps, Florida Depea'~ment of Environmen;al'Protcction, South Florida Water Management District, and any other regulatory agency participating in the ElS shall confifiue to accept and process permit applications. Ifapplic~itions can be'proces~led to compietion, agencies shall not withhold or delay a decision to issue, modi~, or deny a permit due to the E'fS prep.station. Until final adoption of'the EIS and appropriate actions are taken to implement the provisions thereof, no Principal or Cooperating Agency shall impose conditions or requir, ements based on policy recommendations of~e EIS, however this sl~all not be construed I~o preclude the use of factual information generated during the ElS as bes~ available information. Page 4 of I0 page~ AGENDA ITEM No.. NOV 0 tt 1997 D.R-A-F-T REViSlON (tot~to,iti~atttraflofjuly t7,199;9 AS OFSEPTEMBER 26, 1997 D-R-A-F'T 1.16 A major goal of this cooperative and inclusive approach to ElS preparation is to ultimately streamline the environmental review and permitting process for all applicants; bring more speed, consistency, certalr, ty and economy to the process. For example: criteria for development ora general permit; criteria for determining appropriate level of mitigation; definition for what the Florida panther and other threatened and endangered species require (area-wide species needs); identification of areas of particularly sensitive environmental value to be targeted for preservation or restoration. 1.17 ElS activities must be conducted in support of the public interest in achieving a balanced economy in concert with a healthy environment. Appropriate weight must be given to the economic impact of the conclusions reached on property owners, public costs, and public benefits and quality of life to develop meaningful, and economically viable solutions. Every consideration will be given to ensure that the EIS will not result in detrimental impacts to the economic development and diversification of the Southwest Florida economy. 1.18 The EIS will attempt to provide information wkich will allow decision makers to balance the public interest factors used in Corps permit reviews. These include- conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. " 1.19 Florida Sunshine law obligations of non-federal participants shall be respected. The EIS shall be conducted in a manner that ensures full opportunity for public participation. 2.0 PRINCIPALS. 2.1 The Principals are the Corps of Engineers, Lee. County BOCC, and Collier County BOCC 2.2 The Corps of Engineers will determine, with the input from the Boards of County Commissioners of Collier and Lee Counties and upon completion of the public comment process, the EIS scope and geographic boundary, and shall oversee the study process and final documents. 2.3 The Principals shall collaboratively determine the schedule and membership of groups formed to support the study 2.4 Each Principal shall have a right to withdraw from the preparation of the ElS in the event that they determine that it is no longer in its interest to participate. Page $ of lO pages AGENDA ITEM NoV 0 1897 D-R-A-F-T REVISlON Oot~to,ltlnat~o~f*o£~',a~,lT, 19~:9 /IS OFSEPTEMBER 26, 1997 D-R-A-F-T 3.0 COOPERATING AGENCIES A.NqD PARTICIPATING ORGANIZATIONS. Cooperating Agency (CAs) and Participating Org2nization (POs) are those that have signed this MOU. Success will be enhanced if CA s and POs bring commitment to the process. 3. I GENE1LM~. CAs and POs commit to the following. 3.1.1 Commensurate with the urtique authorities and capabilities of each agency, allocating sufficient resources to ensure completion of the ElS within 18 months. 3.1.2 Ensuring appropriate representation and participation at each meeting convened by the Principals. 3.1.3 Making a sincere effort to develop a consensus alternative to an ex'tent which is consistent with their governing laws and regulations. 3.2 SPECIFIC. Cooperating Agencies and Participating Organizations are invited to make specific commitments, to the extent consistent with their governing laws and regulations, to ensure the success of this effort. The commitment would be expressed in a letter addressed to the Corps. That letter would then be attached to this MOU 4.0 ADMINISTRATION. Must follow a logical, time bound plan to develop the ElS anchored by clear administrative procedures and responsibilities. A proposed conceptual plan designed to implement this memorandum is found at Appendix A. It is intended to be flexible and may be adjusted or modified as needed to provide the EIS in the agreed timeframe. 5.0 FINAL PRODUCT. The goals of the process will be as follows. 5.1 Completed EIS consistent with Federal and State laws and regulations which is also supported by the elected representative-~ and public they serve in Southwest Florida, the preparation of which established a consensus preferred alternative for Corps permit review under section 404 ofthe Clean Water Act within 18 months from the ratification of tkis agreement. 5.2 Conceptual basis for one or more General Permit for the study area region developed for administration by an appropriate agency, the goals ofwhich shall include those set out in this MOU. 5.3 A public in Southwest Florida that possesses increased confidence in their government and a clearer understanding that costs and benefits of economic development ~.nd environmental stewardship can be accomplished simultaneously with minimal conflict. AGENDA IT[M No. q Page 6 of 10 pages NOV 0 pg. I0 D-R-A-F.T REVlSlON (t,o, toriti,,~ta,,.ao/J~l~,17, t~7) AS OFSEPTEMBER 26, 1997 D.R-A-F-T 5.4 Upon completion of the EIS, each County will review the recommendations and provisions thereof'and determine in their sole legislative discreti>n whether an amendment to the Comprehensive Plan is appropriate. Any amendments to he County Comprehensive Plan will be adopted in accordance with F.S. Chapter 163. The recommendations, consensus alternatives and provisions of the EIS are non-binding on each County in regard to the acceptance and implementation of same by modifications to the County Comp Plan and County development regulations. All parties to this MOU agree that the Board of County Commissioners of the respective Counties retain full authority and power with respect to the acceptance of, adoption and implementation of any recommendations or provisions arising from the EIS. Each County reserves the fight to accept, reject or modi~ any such recommendations or provisions of the ElS in the County Comprehensive Planning process. PRINCIPALS. Signature and date. Chair. Cothcr Coun~ Commisaion Chair. Lee C~un~y Commission Dt~a'icl Engmeer. LISAC£ J.~ck.tonvillc COOPERATING AGENCIZS. Federal, State, and Local agencies that have jurisdiction by law or special expertise for this study are asked to advise, by letter addressed to the Cbrps, whether they are interested in participating as a CA. These letters will be at~ached to this MOU at Appendix B as they are received P~kRTICIPATING ORGANIZATIONS State, regional, and local organizations which are interested in participating in the study process (for example, through membership in the ADG) are asked to advise, by letter addressed to the Corps, whether they are interested in participating as a PO. These letters wili be attached to this MOU at Appendix C as they are received. Page 7 of 10 pages AGENDA ITi~M No. 0 I997 D-R-A-F-T REIq$ION (toa,~or~i,,,,l~,~fi~l'.t~tj, l?. l~rl AS OFSEPTEMBER 26, 1997 D-R-A-F-T Appendix A Conceptual Implementation Plan A. 1.0 Months 1 and 2. A. 1.1 Corps will publish this agreement and solicit written comments from public on the issues and geographic scope of the EIS. A. 1.2 SWIG will conduct own workshops to prepare their recommendation. The Corps determines the scope of the study. A. 1.3 The Principals, in consultation with CAs and POs, determines the tasks and establishes an "Alternative Development Group (ADG)." A. 1.4 The ABM will prepare, at the end of Month 2, a report describing known existing data and potential data gaps. A. 1.5 Membership of the ADG and TO will be members of the public who reside in Collier and Lee Counties. Representatives of governmental agencies and other organizations may be ex-officio adv/sors to these two groups. A.2.0 Months 3, 4, and 5. A.2.1 The ADG will meet to identify factors used to evaluate recommerdafior~ and alternatives. A.2.2 The ABM will coordinate with the ADG to identify what data i~ a~ilable to measure those factors, identify gaps, determine how they. will be filled with con.dderafion given to the budget and time frame of the study, and prepare a preliminary Technical Appendix. A.2.3 The Corps will notice the availability ofthese and the SWIG will conduct a workshop to prepare their comments on the direction of the work. A.3.0 Months 6, 7, and 8. A.3.1 The ADGwilI: alternative; A.3.1.1 identify a range of recommendations and alternatives to the preferred A~iEND^ ITF-.M No q('8) Page 8 of l O £ages NOV 0 l f17 I)-R-A-F-T REV'lSlON (t,a,e,,~itln~t~-,,fi~f J,4.v lZ, 1997) AS OFSEPI'E3[BER 26, 1997 and, A.3.1.2 A.3.1.3 prepare a "Progress Report" in Month 7; then work towards and, if possible, identify a "consensus alternative"; A.3.1.4 prepare, by Month 9, a report of its work. A.3.2 The ABM will complete the draft. Technical Appendix. A.3.3 SWIG will hold public workshops in Months 7 and 9 to prepare their comments on the progress of these groups' actMties A.4.0 Months 9, I0, and 11. A.4.1 The SWFRPC edits/symhesizes the reports from the groups, background material, and NEPA-required technical material into a Draft EIS document. A.4.2 The Corps, in consultation with the other Principals and with input from CAs and POs, reviews/proofs the Draft EIS. A.4.3 The Corps solicits written comments from the public and holds two public hearings jointly with respective Count)' Commissions for comments on the Draft EIS. A.4.4 SWIG holds public workshop to prepare recommendation on "what is next". A.5.0 Months 12, 13, and 14. A.5.1 Principals discuss "what is next" and reconvenes the ADG to prepare a preliminary revision to its report. A.5.2 ABM prepares a preliminary revision of the Technical Appendix. A.5.3 SWIG holds public workshop to prepare their comments on the preliminary revisions. A.6.0 Months 15, 16, and 17. A6 1 ADG and ABM complete revisions. A62 S\~,TRPC edit.qsynthesizes the Final ElS document. Page 9 of 10 pag¢~ AOENDA ITI~M No. q ,,v D-R-/I-F-T REVl$ION (toO, eori~inal~r~ftofJul, v l?.l~9:9 A$ OFSEPTEMBER 26, 1997 D-R-A-F-T A.6.3 The Corps, in consultation with the other Prinzipals and with input from CAs and POs, reviews/proofs the Final EIS. A.6.4 The Corps issues notice in federal register and solicits written comments from the public. A.7.0 Month 18. A.7.1 Corps prepares Record of Decision. A.7.2 Counties initiate process for review of results. Page 10 of 10 pages I~ 0'~ tl :~ '1997 AGEN OA TRANSMITTAL SUP Dalc Submittcd: I ~ Approval of Minulcs ------------ 0 (7~) Public Pcthlons (SC) Public Services A~omcy Public ilc:~rln§s Communlc~tions Rcquc~cd By: ROBIN BIALKOSKI Division Hc~d: List of Documents Atlnched: I. Exccutlvc Summary (rcquircd) ..~j..(~)) Ptocl:.,,alions ~ ~ - ~A) Community i~v. & ~v. Sv~. ~ (gB) Public Works ~ (~1)) Super So. ices ~ ~ ~thcf Conslilulio~ Of Gccrs ~ (~O) BCC ~ ~BCC Communi~llons ~(13A) B~ Publicll~in~ EXECUTIVE SUMMARY APPROVAL OF COURT SERVICES (20~ JUDICIAL CIRCUIT) INVOICES OBJECTIVE: BCC approval of Court Services (20'~ Judicial Circuit) invoices. CONSIDERATIONS: As part of the adopted budget, the Board of County Commissioners approved a transfer of $3,089,200 to the 20'h Judicial Circuit. This transfer is in accordance with the existing agreement between the Board of County Commissioners and the 20~' Judicial Circuit for the provision of court services in Collier County. (See attached). However, the Collier County Clerk of Courts has expressed concerns that the present arrangement does not allow his office to perform properly its pre and post audit functions, since there is only a monthly lump sum payment to the 20~' Judicial Circuit. The Clerk has also questioned whether the Board can delegate spending authority legally to another entity (Court Administration and the 20~' Judicial Circuit) for discretionary spending powers that reside with the Board of County Commissioners. As a result of these concerns, invoices for court services in Collier County have not been processed for payment by the Clerk of the Circuit Court. Attached to this Executive Summary is a list of invoices totaling $35,158.28. This includes $23,909.93 for court services and · $11,248.35 for guardianship services provided through the Guardianship Trust Fund (192). Payroll checks for employees of the 20* Judicial Circuit covered under the existing agreement with Collier County continue to be issued. Under terms of the Prompt Payment Act, Collier County has forty-five (45) days from the receipt of an invoice by the Chief Disbursement Officer (County Clerk) in which to pay vendors. Payment of the attached invoices will eliminate any immediate concerns about compliance with the Prompt Payment Act and will also provide staffwith additional time to resolve the concerns raised by the Clerk. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The total amount of outstanding invoices to be paid is'$35,158.28. This includes $23,909.93 to be paid from the budgeted $3,089,200 transfer appropriation to the 20'~ Judicial Circuit. The $11,248.35 in remaining invoices relate to the Public Guardianship Trust Fund (192). This will require establishing budget appropriations on the Board's financial system. Appropriations include $47,000 for guardianship services and a $I 1,500 reserve. Revenues include $30,000 of carryforward, a $30,000 existing General Fund transfer, and a ($1,500) revenue reserve. AGENDA,ITEM No. !t /'i lOV - q 1997 Pg._ I KECOMMENDATION: That the Board of County Commissioners: 1) approve the attached list of outstanding invoices 2) approve all associated budget amendments. Prepared by: pa ~:, ~.~-,.~' _~'---~. ~' Michael Smykowski, OMB Director Approved By: R~~ ~~ /~ obert~. Femande~y Administrator Date: / / / "~/"' '? November 3, 1997 Date'. / !t//~5~-~ ~ ~l- November 3, 1997 AGENDA ITEM No.. NOV - ~ 1997 Pg._ _9... RESOLUTION NO. · RESOLUTION TO APPROVE A MANAGEt~EIIT AGREEMENT BETWEEN COLLIER coUNTY AND THE OFFICE OF THE COURT ADMINISTPu%TOR FOR THE ?.OTH JUDICIAL CIRCUIT · ~YHEREA$, the Board of county Commissioners of collier County, a'political subdivision of the state of Florida, herein referred to as the ,,county", and the court Administrator for the 20th Judicial circuit herein-referred to as the ,,Administrator", mutually desire to transfer the Services from' the county to the WHEREAS, Collier County Board of commissioners, through the attached agreement, will provide budgetary review. ~d.financial appropriation to court ~ervices; and WHEREAS, effective October 1, 1995, the court Administrator shall be solely responsible for the management of Court Services. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COM/~ISSIONERS OF COLLIER COUNTY, FLORIDA, that Cou~t Services manage its operational and fiscal responsibilities in functions of court Administrator; and forth in the 'attached accordance with the guidelines set agreement. This Resolution adopted this " ATTEST " · :'' ~ DWIGHT E. BRO~K, CLERK ,:; . ..... : .-.~,,~. ¢. , .; 'Approv. ed ~s to form and legal sufficiency ,.,- c.;_:: t, .... David ~: BCy{~nt ~,& { ~.t,~t--count¥ Attorney BOARD OF COUNTY COmmISSIONERS \ "Chairman AGENDA ITEM No. JJ 1995, af~er.'.motion, second and majority vote favoring same NOV - t.q97 AGREEMENT .Those employees previously employed by Collier County Board of Commissioners under Court Services, shall henceforth be employees of the 20th Judicial Circuit administered by the Chief Judge of the Twentieth Judicial Circuit through the Court Administrator of the 20th Judicial Circuit. Those employees shall no longer be considered for any purpose employees of Collier County, Florida, and which employees shall be sub~eqt to all personnel. ~ules and regulations of the Court's Administrative Management System. Any. employee who may be a part-time employee of Court 'Services, and a part-time employee of any Collier County department that is the Collier county department that is non-Court Services. II. EXPENSES A. A single line item will be budgeted to expend the monthly disbursement to Court Services. B. DisburseNents will be made on a monthly basis of one-twelfth (1/12) of the total disbursement excluding funds for capital outlay. The specific date that monthly disbursements are to be made will be determined administratively and may vary from fiscal year to fiscal year. Fund~ allocated for capital outlay will be disbursed in the first week of November. In the month of January, a disbursement for January and September will be made with no disbursement being made in September. These disbursements apply to General Fund expenditures. Current General Fund expenditures e×cluded from this agreement include County and Circuit Court Judges operating expenses, County Security, Public Defender and State Attorney operating expenses. The courts have a,number of special revenue funds: these will be treated as identified below. 1. Criminal Justice Trust Fund (currently Fund 699) ~ill be t~ansferred to Collier Ceunty Clerk of Circuit Court, along with the required reporting to the State of Florida. The revenues associated ~ith the fund ~ill be used to reimburse the Board of County Commissioners, General Fund for e):penditures as defined in Section 27 3455 Florida Statutes. · Gua rdi.3nshi~) Fund (currently Fund 192) ~ill be tran~ferred to Collier County Clerk of Circuit Co~_~ Responsibility for reporting to the State, the Statement of Conflict Counsel Expenses and Costs Form as defined in Section 925.037 (5) (b), Florida Statutes, will be transferred to the Court Administrator. The reimbursement from the state, associated with this form, will be deposited in the Board of County Commissioners, General Fund. C. The Court Services costs are to be paid from the Court Services draw and not to be considered 6osts of Collier County Clerk of Circuit Court in any manner. All unexpended funds and interest earnings from each fiscal year will be returned to the County. Ail revenues will cohtinue to be deposited into the County's General Fund. In. addition, transfers from Section 27.3455 Florida Statutes, Criminal Justice Trust Fund will also be reflected as a revenue to the County's General Fund. IV. ~U~G~T D~VE~DpMEFT AND MONITORING As budgets ~re developed, Court Services will provide to the '. Board of County Commissioners for review and revision their annual budget· The budget will be presented in a progrzm format with line item expenditures identified with actual prior year expenditures, current year budget, current year estimated expenditures and proposed budget positions, the number, classi~$cation and salaries will also be provided. Court Services will also, upon notification by the County, budget for and pay for any and all internal services provided to them by the County. Court Services will provide quarterly expenditure reports to the County by program and line item e×penditures. Amendments which increase or decrease the budge% will be approved by the Board of County Commissioners. Any budget action which changes the use of funds between the categories of personnel (object code 5xxxx), operating (object code 6xxxx) and capital outlay (object code 7x×x:~), but do not increase or decrease the total budget, will be included in the quarterly report. AGENDA ITEM N 0V - Q 1997 Pg°ll ~ Court Services will also budget for and provide, all insurance for employee benefits (health, dental, disability, life) and for property, casualty, liability, and workers' compensation through the County insurance program subject to the provisions thereof, unless otherwise agreed to by the Collier Ccunt¥ Board of Commissioners. )[~.7~.. 'Court Serwices will be exempted from all County purchasing ~.. policies and will conduct fiscal activities in accordance with ': applicable Florida.Statutes. VII. _HUMAN RESOURCES Court Services will be exempted from all County Personnel Policies and Procedures and will conduct personnel actions in accordance 'with all applicable Florida Statutes, and Federal laws. B. Human Resources will no longer provide any services to Court Services employees. : · VIII:. FI}lANCE AND PAYROLL A. A one-twelfth monthly draw of total line item budget prbvided for the Court Services' operations (including court-ordered costs) will be paid to Collier County Clerk of Circuit Court, along with the Clerk's monthly draw via wire transfer to Collier County Clerk's depository. Be The Court Services will maintain a separate payroll which will be processed in the current manner, with the following exceptions: Cm 1. The Court Administrator will provide a policy and procedure guideline to the Finance Division' for administering employee pay and benefits. !, 2. The Collier County Clerk of Circuit Court will monitor and deposit with the respective agencies all the payroll taxes and employee benefits. Ail Court Services' fixed assets will be the property of Collier County. IX. EX~$TING CONTRACTS Court SerVices will assume the responsibility to provide payments for court-appointed representation for the existing contracts that will expire January 1, 1996. AGENDA IT, F,.M N0¥ - 997 All security personnel provided for the Collier County Court House (County Security) shall remain employees of Collier County and shall not be transferred.to the Court Administrator for the 20th Judicial Circuit. ~ubJect to review and approval by the Collier C6unty Board of " /tommissioners and. the Court Administrator for the 20th Uudicial Circuit. ~j,,.v. :. This agreement may be terminated b mutual w t ~$%~,'. '.,= ........ y ri ten. agreement j.~.~:.. · '' u= =ne partles. This agreement may also be unilaterall i~ '.i; '...t-rm2~ted ~y t.e County at the County's sole decision ..... !~;:~ '""' :::",'...WILLIAM D. WILKINSON, SR. · "' COURT ADMINISTRATOR :.. CHIEF JUDGE OF THE 20TH ; · JUDICIAL CIRCUIT : · BY: HUGH E. STARRES CHIEF JUDGE Approved as to fora and ilia-.: ~legal sufficiency · Assts~c~o~nty Attorney A ITEM NO. ~J ~L~ 'JJ)J NOV - q 1997 Court Administration Invoices Invoice 9/'2/97 1011/97 4/97 - 8/97 Fees 4/97-8/97 10/14/97 10/8/97 8/11/97 8/6/97 1018/97 10/8/97 8/6/97 2/97-9/97 10/14/97 10/8/97 10/8/97 7/28-8/25/97 2/97-9197 8/6/97 10/9/97 6/97 Fees 6/97 Exp 1/97-3197 Fees 1/97-3/97 Exp 1/97-3/97 Fees 1/97-3/97 Fe=s 1/97-3/97 Exp 1/97-3197 Fees 1197-3197 Exp 1197-3/97 Fees 1/97-3/97 Exp 1/97-3/97 Fees 1/97-3/97 Exp 1197-3197 Exp 1/97-3/97 Fees 1/97-3/97 Exp 1/97-3197 Fees 1197-3197 Exp 2/97 Fees 2/97 Exp 1197-3/97 Fees 10110197 8/7/97 10114197 10~8~97 1018/97 1/97-3/97 E×p 6285894 6401996 009102 8/12/97 BIM#2 41-97 paye. Ae Burzyn~ld Law Office Burzynski Law Office Angela Tonente Angeta Torrente Dawn Chdstensen Dawn M Christensen Dawn M Christensen Dwan M Cl~stensen Dwan M Christensen Eduardo R Huergo, MD James B Boorsfin, MD Jam~ E Collins, MD Louis S Moore MD Louis S Moore, MD Louis S Moore, MD Louis S Moore, MD Margo Escot Margot Escott, MSW Margot Escott, LCSW Pamco, Inc Pamco, Pamco, Pamco, Pamco, Pamco, Pamco, Pamco, Pamco. Pamco Pamco Pamco Pamco Pamco Pamco Pamco Pamco Pamco Pamco Pamco Inc Inc Inc Inc Inc Inc Inc Inc Inc Inc lnc Inc Inc Inc Inc Inc Inc Inc Inc Pamco. Inc Patrick C Weber, PA Sara J Steiner Sara Steiner Sara Steiner Thomas P O'Connor Pamco, Inc Description Guar(~ar~,h¥ Guardia~J~ip Public Guardian P~c Guar~an P~c ~ar~an ~ G~r~an P~ G~r~an P~c Guard~n P~ Guar~an P~ G~r~an Pub6c G~r~an P~c Guar~an P~c Gua~an P~ Guar~an P~ G~r~an Pubic Guar~an P~c Guar~an P~c Guar~an Pubic Guar~an P~c Guardian Pubic Guardian P~ Guar~an Pubic Guar~an Pub6c Guard{an Pub~c Guardian P~c Guar~an Pubic Guardian P~ Guar~an Pubic Guar~an Pubic Guar~an Pubic Guardian Pub~ Guardian Pubic Guardian Pubic Guardian Pub~ Guardian Pub~ G~r~an Pubic Guardian P~c G~r~an Pub6c Guar~an Pubic Guardian Pubic Guardian Pubic Guardian Pu~c Guardian Pub~ Guardian Pubic Guardian Pub~ Guardian Fund 192 Total CDW Computer Centers CDW Computer Centers Alpha Omega Bus. Sys. ,~ Reporting Co. Alan Productions Computer Computer Copies Cost Mo[ion Cos~ MolJon Page 1 o! 4 Amount 1,650.00 550.00 745.83 25.83 125.00 150.00 112.50 112.50 175.O0 325.00 200.00 300.00 325.00 125.00 125.00 275.00 165.00 175.00 175.00 637.50 25.60 431.10 62.18 780.60 120.30 3.90 354.90 "20.11 60.00 4.24 237.30 60.59 105.47 199.20 21.77 237.60 89,12 160.50 2'.40 522.00 630.50 150.00 175.00 175.00 112.50 32.31 11,248.35 1,298.59 779.84 43.24 40.00 112.50 Fun~ 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192' 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 192 6~GENDA ITEM IrA 681 WhY - t997 ~ Invoice 43-97 44-97 45-97 46-97 48-97 50-97 9/12/97#52-97 0054-97 Caldwefl 17099-012223-APS 8/22./97 Jones 8/26/97 Jones El~s 815/97 1971183 Fletcher ME 91-131 2/97-7/97 ,a~ison 16074 6/30/97 937021 McEbrat~ 937819 Campbell LR-188 Merrm DR-903 8/29197 2553 Brown 6/97-7/97 Diaz 6/97-9/97 Delgado 9/6-9/22/97 Mileag Muter-Arty .Fees 6/97-9/97 Rbsario 1021 Diaz-Medina 1005 Delgado 1006 Travino Rocldein 8/8/97 Fee 5/97-8/97 Burgess 4/21-6/4/97 Ibarra 8/9/97 Prenus 4/'21.-6/4/97 Ibarra 8397 Prenus 9/5-9/16/97 Sheph 7/t0-7/11/97 MD 9/18/97 Saweikis 8/11/97 Walker NL 2009 Shepherd R#322-4 Messier 967297 1333 9117-9/22/97 3hrs 4491 4495 4500 4575 4052 4053 4222 4335 4357 4378 4388 4420 ,Payee Alan Productions Alan Productions Alan Productions Alan Productions Alan Productions Alan Productions Alan Productions Alan Productions APS Services, Inc David Lawrence Center David Lawrence Center David Lawrence Center District Cout of Appeal D~sLrict Twenty Medical DNA Counselors Everman & Associates Gregory Cou~ Reporting Grego~ Cotxt Report~g Harrington & Assoc Inc Harfington & Associates John F Prater, D.O., PA John W Carter, P.A. John W Carter, P.A. Juan Ramos Lee Hollander, PA Michael F Beal, ESQ Naples Court Reporting Naples Court Reporting Naples Court Reporting Neurophyciatric Assoc Richard Creel, ESQ Robert J Wald, M.D. Robert J Wald, MD Russell Masterson, PHD Russell Masterson, PHD Stada Shepherd Steven Maresca Steven Maresca Vega,Stanley,Zelman Wellesley Inn Wellesley Inn Ikon Office Solutions Panther Printing EWe Gonzalez Mc Miller Reporting Sen/ Mc Miller Reporting Sen/ Mc Miller Reporting Serv McMi~ler Reporting Ser v McMiller Reporting Serv McMIller Reporting Sen/ McMiller Reporting Sen/ McMiMer Reporting Sen/ McMiller Reporting Serv McMiller Reporting Sen/ McMiller Reporting Serv McMiller Reporting Sen/ Description Co51 Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cosl Motion Cost Motion Cost MOtion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cost Motion Cosl Motion O[fice Supplies Office Supplies Public Defender Cost Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Repo~ng Services Reportng Services Reporting Services Page 2 ol 4 Amount 112.50 75.00 150.00 75.00 150.00 75.00 75.00 150.00 5.00 525.00 225.00 450.0O 250.00 125.00 2,300.00 236.60 34.72 168.32 30.00 60.00 550.00 95.00 577.5O 101.21 900.00 1,035.00 30.00 30.00 40.00 300.00 1,730.00 815.00 240.00 800.00 225.00 280.50 227.28 93.44 89 .5o 71.98 359.90 287.87 547.00 39.00 45.00 75.00 30.00 52.50 21.50 25.50 30.00 77.00 30.00 105.00 45.00 115.00 Fund 681 681 681 681 681 681 681 681 681 68t 681 681 681 68t 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 68t 681 681 681 681 681 68! 684 GENDA ITEM 68 Io. II 681 68NOV - Lq97 Invoice 4427 4430 4460 4463 4464 4467 4468 4472 4477 4478 4480 4481 4485 4486 4487 4488 4492 4493 4494 4496 4501 4502 4503 4507 45O8 45O9 4510 4511 4512 4513 4516 4517 4523 4527 4528 4530 4531 4533 4538 4540 4541 4542 4544 4549 4552 4554 4556 4565 4566 4567 4570 457! 4576 4578 4581 4583 Payee McMiller Reporting Serv McMiller Reporting Serv McMil~er RepodJng Serv McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMBer Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMF, er Reporting Serv McMil~er Reporting Serv McM~er Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMil~er Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McM~ller Reporting Serv McMaer Reporting Serv McM~er Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMaer Reporting Serv McMil~er Reporting Serv McMi~er Reporting Serv McM~er Reporting Serv McMiller Reporting Serv McM~er Reporting Serv McMaer Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMlller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMiIler Reporting Serv McMlller Reporting Serv McMiller Reporting Serv McMiller Repoding Serv McMiller Reporting Serv McMil~er Reporting Serv McM~er Reporting Serv McM~er Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMiller RepodJng Serv McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv Description Reporting Services Repor'dng Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services ReporlJng Services ReporlJng Services Reporting Services Reporting Services Reporting SelMces Reportir~g Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Ser~ces Repordng Services Reporting Services Reporting Services Repoddng Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Report~g Services Reporting Services Repo~ng Services Reporting Services Repo~ng Services Reporting Services Repo~ng Services Reporting Services Repo~ng Services Repo~ng Services Repod~ng Services Reporting Services RepodJng Services ReporlJng Services Page 3 of 4 Amount 10.50 212.50 56.00 30.00 30.00 45,00 45.OO 45.00 45.00 30.00 30.00 95.00 87.50 65.00 17.50. 13.00 518.00 447.50 51.00 102.50 30.00 30.00 25.00 123.50 45.00 57.50 7'2.50 5.50 15.00 25.00 30.00 45.00 65.00 75.00 182.50 21.00 30.00 30.00 30.00 100.00 30.00 45.00 472.50 129.50 45.00 30.00 45.00 30.00 3O.0O 30.00 85.00 80.00 45.00 60.00 175.00 i 02.50 ~und 681 681 68! 681 681 681 681 681 681 681 68! 681 681 681 681 681 68! 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 681 68! 681 681 681 681 681 681 68! 681 681 681 681 681 681 681 681 681 681 681 68! AGEND//~TEM. No._ I/ NOV - 1997 Pg._ / 0 Invoice. 4596 4574 4568 4582 4620 4580 4584 4569 4611 4626 4610 4594 4592 4505 9/'25/97 206532 9/25/97 207233 9/25/97 206540 9/25/97 206557 W'~ess Rossi VVitness Tatonetti VV'~e~ Helbert Witness Smith VV'~ess Revender Witness Cadreau Witness Mando Witness Cardenas Witness Cruckshan Witness Mullins Witness Valere VVitness James VVitness DeLuca W'~q ess Macdonald Witness Mando Witness Martinez W'rtness Haddox VV'~ess Bajaras VV'rtness Rasimowicz W'~ess Campbell Witness Erickson Witness Klinkmann Payee McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMirler Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMil~er Reporting Serv McMiller Reporting Serv McMiller Reporting Serv McMlller Reporting Serv McMiller Reporting Serv Culligan Culligan Culligan Culligan AJbert Rossi Barbara Tatonetti Brandi Helbert Charles Krout David Smith Desk Revender Diane Cadreau Frank Mando HC Hernesto Cardenas Ira Cruckshank James Dee Mullins Jean Paul Valere Joshua James Linda DeLuca Margaret MacDonald Margaret Mando Maxiliano MartJnez Para Haddox Rafael Bajaras Richard Raismowicz Ron Campbell Scott Erickson Wilfred Klinkmann Description Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Reporting Services Repoding Services Reporting Services Report~g Services Report~g Services Reporting Services Reporting Services Reporting Services Reporting Services Water Water Water Water W'dmess W'rtness VVitness WP, ness WP~ness Witness VV'~,ness W'r[ness VV'rtness Witness Witness Witness VV'~ness W'dness VV'rm ess VV'~ess- VV'rtness W'~ess VV'rtness VVitness VV'~ness VV~tness Fund 681 Total Grand Tolal Amount 55.00 15.00 18.50 35.00 5.5O 5.50 19.50 122.50 30.00 31.50 30.00 294.00 10.50 95.00 35.92 9.16 2.47 22.85 ,10.72 8.24 5.12 5.72 5.24 5.60 6.20 5.72 5.96 10.96 5.24 13.12 5.12 6.44 6.56 5.72 6.08 5.84 5.24 6.44 5.96 q.o8 10.72 23,909.93 35,158.28 Fund 681 68t 68! 68t 681 681 68t 68t 681 681 68t 68t 681 681 68t 681 681 681 681 681 681 68! 68t 681 681 681 681 681 68t 68! 681 68t 681 68t 681 68t 68t 681 681 681 681 Page 4 of 4 AGENDa, ITEM= No. //d NOV - 1997 EXECUTIVE SUMMARY PETITION NO. PUD-9?-9, JOIIN P. ASIIER~ P.E, OF COASTAL ENGINEERING CONSULTANTS~ INC, REPRESENTING TIlE CLUB ESTATES~ L.C, FOR A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT FOR A PROJECT TITLED THE CLUB ESTATES PUD CONTAINING A DEVELOPMENT STRATEGY CONSISTING OF TWNETY-EIGItT (28) SINGLE FAMILY DE'I'ACHED HOUSING LOTS AND HOMES ON A TOTAL SITE AREA OF 155.8 ACRES~ LOCATED ON THE WEST SIDE OF C.R. 951 (ISLES OF CAPRI ROAD) IMMEDIATELY CONTIGUOUS TO THE PROPERTY KNOWN AS NAPLES NATIONAL GOLF AND COUNTRY CLUB IN SECTION 10~ TOWNSIIIP 50 SOUTII~ RANGE 26 EAST~ COLLIER COUNTY~ FLORIDA OBJECTIVE: This petition seeks to rezone certain property as hereinafter described from its current zoning classification of"A" Rural Agricultural to "PUD" Planned Unit Development. CONSIDERATIONS: The property consisting &approximately 156 acres is located on the west side of CR-951 immediately south of the Naples National Golf' and Country Club. Further, the property lies within the urban residentially designated area on the FLUE and the density rating system authorizes up to three dwelling units per acre. The PUD is designed to achieve a total of twenty-eight (28) single-family home sites for a density of 0.18 dwelling units per acre. Staff with juristictional responsibilities relative to elements of the GMP and divisions of the LDC reviewed the petition. This review advises that this petition, ifapproved, would not be inconsistent with any applicable elements of the GMP. Development commitments contained within the PUD are responsive to requirements for consistency with divisions of the LDC The Transportation Circulation Element of the GMP trafficway maps which establish right-of-way alignments for planned major roads advises that an east-west right-of-way reservation be applied to the south side of the subject property. The PUD Master Plan and development commitments section &the PUD do not make provision for the fight-of-way and its dedication. The Planning Commission debated this provision and ultimately recommended approval of the PUD with the condition that appropriate amendments be made to provide a sixty (60) foot right-of-way along the south side of the property. The CCPC further advised that the traflicway maps be reevaluated to determine whether or not this east/west corridor is needed and the likelihood of its permitting success in view of environmental conditions in this general area. AGENDA J.TCM NOV 0 11997 NO. ,~ The EAB recommended approval of this petition subject to conditions which are needed to address environmental conditions of the site and to ensure that its development is consistent with natural resources protection regulations. Similarly, the surface water management system was reviewed by the EAB and appropriate stipulations are included in the PUD. The CCPC heard this petition on September 18, 1997. They recommended approval with the condition that the PUD be amended to provide for a future east-west road along the south side ofthe properly. No person spoke or otherwise communicated any opposition to this petition. The property owner to the south indicated that they favored the provision of an east/west road corridor between their property and the subject property. FISCAL IMPACT: This petition by and of itself ~vill have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. 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 sera'ice 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 3IANAGEMENT IMPACT: As described above, the land use, density and intensity of development of the subject property were deemed to be consistent with the FLUE to the GMP. Other related consistency reviews were also found to be consistent by virtue of the way in which development conditions were addressed, and the strategy devised for regulating the manner of development. In view of the consistency findings, staff finds that there is no negative or other adverse impact to the GM:P resulting from the adoption ofthis 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 IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. NOV 0 1997 Pg. ~ \ AGE U D.-~ I~ Fr~ PI.,ANNING COMMISSION RECOMMENDATION: That Petition PUD-97-9 be approved but that the petitioner be directed to amend the PUD regulations and Master Plan to provide a sixty (60) foot future road right-of-way easement along the south side of the property. RDNALD F. NINO CItlEF PLANNER DATE REVIEWED BY: ///7 ~OB'ERT J. MULtIERE, AICP ~RENT PL~NNIN~IAN~~ D 0~L~A'~ O LD~ A IC~ ~~NG SER VIC ~ DEPARTMENT DIRECTOR ~iNC~NT A. CAUTERO, ADMINIST~TOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE RN.:deWEX SU5 [.M.MIY/PUD 97-9 3 AGE D NOV 0 4 1~? ' AGE~ MEMORANDUM AGENDA ITEM 7-B TO: CO FROM: CC DATE: RE: PETITION NO: OWNER/AGENT: G COMMISSION T SERVICES DIVISION PUD-97-9 THE CLUB ESTATES Agent: MR. JOHN P. ASHER, P.E. COASTAL ENGINrEERING CONSLFLTANYS, INC. 2800 S. HORSESHOE DRIVE NAPLES, FLORIDA 34104 Owner: THE CLUB ESTATES, L.C. 4141 ISLE OF CAPRI ROAD NAPLES, FLORIDA 34112 (Charles V. Benton, Ph.D, Principal) Contract Purchase REOUESTED ACTION: This petition seeks to have certain property as herein described rezoned from its current zoning classification of"A" Rural Agricultural to "PUD" Planned Unit Development. GEOGRAPHIC LOCATION: The property fi'onts upon the west side of CR-951 and lies immediately contiguous the south side of the Naples National Golf Club in the South ½ of Secfion 10, Township 48 South, Range 25 East (See location map following page). PURPOSE/DESCRIPTION OF PROJECT. Th/s petition espouses a Planned Unit Development strategy for approximately 156 acres of land that would authorize twenty-eight (28) single family homes. Lakes and Conservation areas occupy 93.8 acres or 60% ofthe project area. EXISTING AND SURROUNDING LAND USE AND ZONING Existing: The property is currently vacant which includes a mixt~, of u~ll~ll[~etland fo: Mst,ed l.~a~j:~t4. majority of tn~ ~'r~'-ains e, pI~l~p~_~ .. eastern portion of the site support~ pine flatwoods while thc western portion supports cypress growth. The property is zoned "A" Rural Agricultural. Surrounding: North - To the north the land is developed in part by an eighteen-hole golf course. However, the great majority of the land that is part of the golf course remains in its natural state. This property is, however, zoned PUD Planned Unit Development in which the use is limited to a golf course and ancillary and accessory golf course recreational uses. East - To the east lies CR-951, while opposite the subject property the land is vacant and zoned "A" Rural Agricultural. South - To the south the land is vacant but zoned "PUD" Planned Unit Development (Casa del Sol) for a residential development of small lots anticipating affordable housing. The Casa del Sol PUD was recently reviewed under the County's PUD sunsetting provision. A two (2) year extension was given to the PUD. West- To the west the land abuts the Naples Heritage PUD, a mixed use residential/golf course community which is actively under development. GROWTH MANAGEMENT PLAN CONSISTENCY: The property is located within the Urban-Mixed Use-Urban Residential designated area on the FLUE to the FLUE Map. This is a policy directive which essentially acknowledges that residential rezoning of Agriculturally zoned land, given its timing in relationship to infrastructure availability, would be an appropriate course of action. A consistency analysis with applicable elements of the GMP is as follows: FLUE and Density.. - By virtue of its location in the urban residential designated area, a zoning action establishing an urban residential development as proposed is consistent with the FLUE. The proposed number of dwelling units is twenty-eight (28) for a density of one dwelling unit for each 5.57 acres of land. The density otherwise allowed by the FLUE density rating system is three (3) dwelling units per acre. The proposed density is dramatically less than otherwise may be allowed. Traffic Circulation Element - Site generated traffic will not exceed the significance te tition,~trips ~, ithin ~% ~ radiu~ percent of the LOS "C" design volume) on CR-951. In ad~ level of service below any adopted LOS "D" standard v, NOV 0 4 1997 pg. ff.d~7 influence (RDI). Therefore, the project is consistent xvith Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists CR-951 in the project area as a four-lane arterial road fronting the project. The current traffic count for this road is 16,915 which results in LOS "B" operation. No roadway improvement for CR-951 will be required for to satisfy level of service and concurrency requirements for future development. The propo.,.ed subdivision will not create or excessively increase traffic congestion within the project's RDI and complies with policies 1.3, 5.1, and 7.3 of the TCE. Conse~'ation and Open Space - Acreage qualif~dng as jurisdictional preserves and open space totals 94.5 acres which constitutes more than sixty (60) percent of the land area exclusive of land that will be devoted to open space in connection with each homesite. Native vegetation presen'ation or re- vegetation requirements of the LDC will be achieved by the design for preservation acres, therefore, the Conservation and Open Space element of the GMP is achieved by the PUD development strategy. Utilities and Manaeement - Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be deeded to the Collier County Water-Sewer District as prescribed by County. Ordinances. Water management facilities will be constructed to meet County Ordinance requirements. These will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 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 CounW Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. The petition was reviewed by the EAB on August 6, 1997 and they recommended approval subject to certain revisions to the PUD which have been included in the PUD document. Jurisdictional staff also made recommendation for modification of PUD provisions to ensure compliance with LDC requirements and these are also included in the PUD regulations. ANALYSIS: Staff completed a comprehensive evaluation of this la~ favorable determination must be based. Th. is evaluz [:I uset~e~j~..d the ~ion is intenaed to pn blOV 0 4 199 comprehensive overview of the impact of the proposed land use change, be it positive or negative. culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of the approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff ~eview are listed under each of tile criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of the staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses., a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. No~vithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan, As reported above the Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The Master Plan illustrates a development at far less density than otherwise could have been requested. Regarding the matter of timing, it should be appreciated that urban residential development is under development on the adjacent Naples Heritage PUD. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. The development strategy is limited to single family detached housing on lot areas of not less than 20,000 square feet. Environmental characteristics of the site are such that a relatively small portion of the land can be developed and therefore the project, based on a gross density relationship projects a density that is consistent with the agricultural district. The development standards governing the placement of single family homes are unique in the sense that no lot will share a common boundary with another lot. The effect of this development regulation is that yard requirements will be most similar to those of the agricultural district. It is noteworthy that the minimum floor area for residences will be 3,000 square feet. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not density as so of'ten misconstrued. In the case at hand, and based upon the Future Land Use Plan we have an expectation that the land will be used for urban residential purposes, and in fact the property is impacted by residential development on its west side and an approved but as yet undeveloped residential PUD lies south of the subject property. Clearly this is expected to be part of a larger residential district and an7 form of hot:qlnv ~ "' AGENDA [TEJ~k . compatible with development objectives for the area. AGEN.D~IT~EIMI ~I0¥ 0 Traffic - The trips gcneratcd by this petition will not cxceed 5 percent of the LOS "C" design capacity within the project's RDI. Furthcrmore, the site generated trips will not create a concurrency problem because the project trips don't lower the overall road capacity below any adopted LOS "D" standard. No roadway improvement for CR-951 will be required for to satisfy level of sc:rvice and concurrency requirements for future development. The proposed subdivision will not create or excessively increase traffic congestion within the project's RDI and complies with policies 1.3, 5.1, 5.2 and 7.3 of the TCE. Therefore, no road improvement or project phasing schedule for this subdivision is required. Based on the above, the rezoning of this property is consistent with the County's plan for transportation relationships. Specific roadway improvement require modifications to accommodate roadway interconnection with CR-951 (i.e. turn lanes and compensative fight-of-way). These are provided for in the development commitment section of the PUD. Infrastructure - The Collier County sewer and water system will be extended into the proper~y and provide these services to each residential lot. System improvements are required to comply with provision of the County's utility ordinance which requires conveying the improvement to the County upon their acceptance. All development must comply with surface water management requirements invoked at the time of subdividing as the case will be for development of this land. Any excavation required to vacillate the project's surface water management plan ,,,,'ill be required to obtain an excavation permit and comply v, ith the rules of the SFWMD. Community Infrastructure and Services - The subject propervy is readily accessible to a range of community infrastructure and services which is enhanced by its location on CR-951, a four-lane divided County medal road. Shopping centers and various types of personal services are available a short driving distance. The Edison Community College and K through 12 school facilities are located in the Lely Resort community approximately one and on-half miles to the south. The property lies within the Golden Gate Fire District. Provision of the G~MP Public Facilities Map advises that a fire station be located near the intersection of Davis Boulevard and CR-951. Currently, the nearest fire station is at CR-951 and Golden Gate Parkway. Collier County library and emergency medical services are located on U.S. 41 (Tamiarni Trail E.). PUD Document and Master Plan - PUD Document - The Club Estates is obviously intended to be a small exclusive single family residential development and the PUD document is designed to reflect that objective. The development standards are most similar to those of the agricultural district regarding setbacks and space between houses. The PUD contains all of the recommendations of reviewing staff and the EAB. Master Plan - The Master Plan provides one point of interconnection with CR-951 which provides access to a single looped street system around the most easterly perimeter of the property. There are no interconnections with adjacent property. This type Df dc~0~:tl.~,s¢ is ,si:[nilar l,~£~J~, __ developments in Collier County and these development, havet~~any ,l:~[cula~ ~o~)~ 5 NOV 0 4 1997 7 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-97-9 The Club Estates as provided by the PUD Document and Master Pla.'~ that v,'ill become an exhibit to the Ordinance of Adoption. R~~iT.~PARED ~Y: CHIEF PLANNER DATE REVIEWED BY: R~RE, AICP ~~//'~G SERVICES DEP~NT DIRECTOR VI'N~-ENT A~ CAe0TERO, ADMINISTRATOR COMMUNITY DEV. AND EN'VIRONMENTAL SVCS. DATE DATE Petition Number PUD-97-9 Staff Report for September 18, 1997 CCPC meeting. Note: This petition has been advertised for the September 18, 1997 BCC meeting. COLLIER COUNTY PLT~SION: MICHAEL A. DAVIS, CHAIR.MAN RN/denSTAFF REPORT/PUD-97-9 Staff Report 0 4 1997 FINDINGS FOR PUD PUDo97-9 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. The subject property is served by a ne~'ork of arterial roads, all of which are well within the urbanized area providing easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary Findin_e: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrast~cture will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or pro~ operation and maintenance of such areas and maintained at public expense. ProlCon: Evaluation not applicable. Summary Finding: Documents submi~led with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies ot' the Growth Management Plan. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: (i) None. Summary Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the StaffReport. Additional Finding: The subject property is designated Urban-Mixed-Use - Urban Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, and was found to be consistent with all applicable elements. Future Land Use Element - Consistency with FLUE requirements is further described as follows: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Summary Finding; The PUD Master Plan has been designed to optimize internal land use relationsh/p through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. AGENOA ITEM NOV 0 t 1997 [ i The adequacy of usable open space areas in existence and as proposed to ser~'e the development. Pro/Con: Evaluation not applicable. Summarv Finding: The amount of open space set aside by this project is greater than the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summan' Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. See finding No. 1, also applicable for this finding. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Summary FindinG: This finding essentially requires an evaluation of the extent to which development standards proposed for ti.is PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. FINDINGS FOR PUD-97-9/md NO. ~ HO V 0 ,.1 1997 /.g REZONE FINDINGS PETITION PUDo97-9 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Future land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. The urban residential FLUE designation, applicable to the property, anticipates a zoning action to any residential zoning district inclusive of PUD's so long as the authorized density is consistent with the density rating system to the FLUE. Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. Existing: The property is currently vacant which includes a mixture of upland and wetland forested land. The majority of the site contains exotic plant species. The dominant exotic specie is malaleuca. The eastern portion of the site supports pine flatwoods while the western portion supports cypress growth. The property is zoned "A" Rural Agricultural. Surrounding: North To course However, the gre of th, la~t~b0%~, is golf ¢ours~9.~s iz state. This property NOV 0 1997 the north the land is developed part by an eighteen-hole golf zoned PUD Planned Unit Development in which the use is limited to a golf course and ancillary and accessory golf course recreational uses. East - South To the east lies CR-951, while opposite the subject property the land is vacant and zoned "A" Rural Agricultural. To the south the land is vacant but zoned "PUD" Planned Unit Development (Casa del Sol) for a residential development of small lots anticipating affordable housing. The Casa de] Sol PUD was recently reviewed under the County's PUD sunsetting provision. A two (2) year extension was given to the PUD. West To the west the land abuts the Naples Heritage PUD, a mixed use residential/golf course community which is actively under development. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findines: The parcel is ora sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a par~ of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development support the timing relationship and justify the conversion process of agricultural to an urban residential zoning district, albeit this petition seeks a gross density more consistent with agricultural zoning. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findings; The district boundaries are logically drawn. purposes this action will result in expandi~ g the ~ofSirnilar districts. Residential PUD's abut the prop ~ o~~d sou~ si ! [ · Pg. .--.: Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findin_~s: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The County's land use policy as reflected by the FLUE supports an action to allow urban residential development. Currently there are contiguous existing or planned residential developments. Con: (i) Urban Mixed-Use development may not coincide with resident's desire to maintain a existing natural environment. Summar>' Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. A large part of the site will remain in a natural enhanced condition adjacent currently developed residential e Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activit2,.' during construction phases of the development, or otherwise affect public safety. Pro:, (i) Development of the subject property is consistent with provisions of the Traffic Element of the GM?, therefore, traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads (i.e.C.R. 951). (ii) C.R. 951 is currently operating at a LOS "B". Development of twenty- eight (28) homes should have negligible impact on this LOS. (iii) Urban intensification is cost effective. Con~ (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring ~ ..... ,~,.,. ~,~, 1~ thi_n drwr~.~ t,¢ discomfort is regulated by conc an'enc, ffo.r~nts. NOV04 1997 OOT~'lg~ 10. Summary Findinzs: Evaluation of this project took into account the requircment for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistcnt, by utilizing ~ phased development program, a statement advising that this project ',,,'hen developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. Approval of this extremely low dcnsity project will negligibly impact C.R. 951. Whether the proposed change ,,','ill create a drainage problem; Pro; (i) Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: (i) Urban intensification potentially can heighten the occasion for area-v,'ide flooding under the more severe rainfall event. Summarx Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project is designed to preserve and enhance a large part of the site which will take some of surface water runoff from developed areas. Whether the proposed change ',','ill seriously reduce light and air to adjacent areas; .Pro/Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro'.. (i) Urban intensification typically increases the value of adjacent or underutilized land. Con:. None. Summary Findings: which may be internal or external to the subj, Property valuation is affected by a host of f~ itself may or may not affect values, since val This is a subjective determination based upon at :ct properp/that can affect ctors i~¥dtfll/~r--~ning, No' tc dct#~ law is, 4 NOV 0 4 1997 P~'. ~ ticinated re~lflt_q ri 7. value. The mere fact that a property is given a new zoning designation may or may not affect value. Hov.'ever, this project is obviously directed at an upscale single family market which should benefit adjacent property. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property, cannot be used in accordance with existing zoning; ProlCon: Evaluation not applicable. Summary Findines: The subject property is zoned "A" Rttral Agricultural. To deny this petition would deprive the owner of any reasonable use of the property consistent with the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County: Pro/Con: Evaluation not applicable. 15. Summary Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequa use in districts already permitting such use. AGENDA II:EM No. sites in~nty NOV 0 1997 Pro/Con: Evaluation not applicable. Summary FindinGs: This site is zoned "A" Rural Agricultural. Whether or not there are other similarly zoned residential areas is irrelevant. 16. The physical characteristics of the property and the degree of site alteration which v,'ould be required to make the property usable for any of the range of potential uses under the proposed zoning classification. .Pro/Con: Evaluation not applicable. Summary Findinl!s: The site will be altered to the extent necessary to execute the development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of sen'ice adopted in the Collier Count).' Growth Management Plan and as defined and implemented through the Collier Count).' Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findinl~s: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: GMP as used herein means the Collier County Growth Management Plan. FLUE means the Furore Land Use Element of the GMP. REZONE FINDINGS PUD-97-9Imd NO. ~ NOV 0 4 1997 ,,,. COLLIER COUNTY APPLICATION FOR STANDARD REZONE PETITION NO. COORDINATING PLANNER: k :/-'-.' ~ /...'*~ :..: c APPLICANT NAME (AGENT):Coastal Encineerin~ ConsultantFHONE: 643-2324 APPLICANT ADDRESS: 3106 S. Horseshoe Drive, Naples, Florida 34104 PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*: The Club Estates L.C. 4141 Isle of Capri P~ad, Naples, Florida 34112 PHONE: 775-3468 DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: 10 TOWNSHIP: 50 SOuth RANGE: 26 East The south one half of the south one half of Section 10, ~3wnshi.o 50 South, ?ange 25 East less and except the east 125.00 feet. Oo~Io~ZOOOZ. PROPERTY I.D. #: OOqlO~&O00~ oo q lO ~ oooo.S SIZE OF PROPERTY: 1378 FT. X 4900 FT. ACRES: 155.77 GENERAL LOCATION OF SUBJECT PROPERTY: ~'.~st side of CR-951 one mile north of Rattlesnake F~n~ck Rc~. ADJACENT ZONING AND LAND USE ZONING N Aqricultural S k]ricultural E Agricultural W PUD, Agricultural EXISTING ZONING: Ac/ricultural LA.ND USE Golf Course Undeveloped CR-951 P~sidential & Undevel .c~ed REQUESTED ZONING: PROPOSED LAND USE OR RANGE OF USES (OPTIONAL): %~ith guest houses, recreation and conservation. -1- Single family b~r~s AGENDA ITEM. AGE No. N0V 0 4. 1997 ....... ~:~ ----~ ~- ~,';:..~. --j..~-- ~ ,.* .-., .... DOES PROPERTY OWNER OWN CONTIGUOUS PROPERTY TO THE SUBJECT PROPERTY? IF SO, GIVE COM])LETE LEGAL DESCRIPTION OF ENTIRE CONTIGUOUS PROPERTY: HAS A PUBLIC HEARING FOR A REZONE BEEN HELD ON THIS PROPERTY WITHIN THE PAST 12 MONTHS? IF YES, PLEASE WRITE THE REZONE APPLICATION NO. . IS THIS PROPERTY CURRENTLY VACANT? __Z__YES NO. IF THE ANSWER IS NO PLEASE DESCRIBE THE CURRENT LAND USE AND ALL EXISTING STRUCTURES. SIGN~URE k7~ PETITIONER OM A~G~J DATE C~rles V. Benton, Ph.D., Principal The Club Estates, L.C. If petitioner is a corporation other than a public corporation, indicat.e and name officers and major stockholders. -.o0 If petitioner beneficiaries. is a land trust, so indicate and name If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. If petitioner is a lessee, attache copy of lease, and indicate actual owners if not indicated on the lease. If petitioner is a contract purchaser, attache copy of contract, and indicate actual owners name and address. STA/qD REZONE APP/md/14864 -2- NOV 0 1997 I, Charles V. Benton, Ph.D. being duly sworn, depose and say that I am the owner 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 mater attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permitCoastalEngineeringConsultants, Inc. (AGENT' S NAME) to act as my representative in any matters regarding this petition. State of Florida County of Collier The Club Estates, L.C. The foregoing ~greement Sheet was acknowledged before me this ~ day of ~ , 199 ~ by ~r~5 V.~A~,~A.~., who is personally known to'~ or who has produCed as identiIlcatlon ~nd who did (did not) take an oath. ~igna~re b~ Nota~ Public) NOTARY PUBLIC Commission ~ dd C~&~z~ My Commission Expires: y/~g State of Florida County of Collier GMATURE OF AGENT _ The foregQing Agreement Sheet was ackno~led~ed~efore me this Personally known to~ or who has produ~d ~j~~/~_~-~._ as identification and who did (did not) take a~oath. ~Sign~ture ~ Notary Public) NOT~Y PUBIC · Co~is$ion # My Co~ission Expires: :~x~Y ~. ~..'.~c~ ..~ I NOTARY p~L~C ~AT~. G~ F.O .... A ~ CO,tM 5510N NO. CC~619 I -2- No. ~ NOV 0 1997 LAND TRUST 5385 BENEFICIAL INTEREST Acme Investment Co. lames A. Brown Charles G. Fan-is, Trust H. Maitland Graham, Trust John W. Landrum Frank Lipps Annemieke Morelisse Robert A. Peters Harold Smith .Ir., Trustee Philip & lean Smith Amos & Florence I. Wimer Earl L. Frye, Trustee Michael J. Frye Charles Bickel, Trustee David B. Bracken, Trustee Dorothy S. Bracken, Trustee Dorthy S. Corson Thomas H. Corson Janet K. Davis Jay M.Ginsburg Cecil I. Home John VanderMeiden, Ir., Trustee Robert H. Schultz Stallard Family Limited Partnership Barney Wichman Eric R. Wolf Isidor Wolf 5.00 9.00 5.00 5.00 5.00 5.00 10.00 10.00 5.00 5.00 5.00 2.50 2.50 2.50 2.50 2.50 2.50 2.50 1.00 .50 2.50 3.00 2.50 2.50 .50 .50 .50 AG EI~ ?A, JT~)~ NOV 0 1997 P~' ~ _ AG£N OA J.,TF-~, ' No. AN ORDitlANCE ~2~,E~DI~:G CRDI:tA.~;CE ,':U:~.BER 91-102 THE COLLIER COUHTY LA:~D DEVELOP~'{E::T CODE WHICH i::CLUDES THE CO:.'.PREHE~:SIVE ZO:~i'.~G REGULATiC::S FOR THE Ui;IHCORPO?ATED AREA OF COLLIER CCU:~TY, FLORIDA BY ;..qE[tDING THE OFFICIAL ZONIt:G ATLAS [~P t:U:~,BER - 060910; P,'f CHA:Ir;IIIG TIlE ZO:III;G CLASSIFICATIOt~ OF THE HEREIII DESCRIBED REAL PROPERTY FROM "A" RUP~.L AGRICULTUPAL TO "PUD" PLA~I:IED ur:IT DEVELOPXE~;T M. HOWH A5 TIlE CLUB ESTATES PUD CO:ITAINIi:G A DEVELOPi~ENT STPATEGY CONSISTI[IG OF TWE~TY-EIGHT (2~,) SII:GLE FA:4ILY DETACHED HOUSI~IG LOTS Ai;D HO:lES LOCATED ON THE WEST SIDE OF C.R. 951 {ISLE OF CAPRI ROAD) IMMEDIATELY COilTIGUOUS TO THE PROPERTY K:~O',;:I AS ~IAPLES :IATIONAL GOLF AND COUNTRY CLUB, I~'l SECTION 10, TOW:ISHIP 50 SOUTH, PAI1GE 26 EAST, COLLIER COU::TY, FLORIDA, CONSISTI~G OF 155.8 ACRES; A~'~D BY ~ROVIDi:;G A:~ EFFECTIVE DATE. WHEREAS, John P. Asher, P.E., cf Coastal Engineering Consu!%an%s, inc., representing The Club Es~a~es, L.C., petitioned the Board of County Ccr~issioners to change the classification of the herein descriked real property; ::OW, THEREFORE BE iT OREAI::ED by %he Board cf County Cormissioners of Collier County, Florida: SECTIO}] The zoning classification of the herein ~escrlke~ real property located in Section 10, Township 50 South, Range 26 East, Collier County, Florida, is chan~ed from "A" Kura! Agrlcui%ural to "PUD" Planned Unit Zevelopment in accordance with the Club Estates PUD Document, attached here%o as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 060910, as described in Ordinance ~:um~er 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 ':he Board of County Commissioners day of ' of Collier County, Florida, this .. 1997. BOARD OF COUNTY CO~MISSIONERS COLLIER COU~ITY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY L. HANCOCK, Chalrman Approved as to Form and Legal Sufficiency ~ Student Assistant County Attorney ~/;UD-9?-D Op.D ZNANC£/ TIlE CLUB ESTATES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERaNING THE CLUB ESTATES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: THE CLUB ESTATES, LoC. 4141 ISLE OF CAPRI ROAD NAPLES, FLORIDA 34114 PREPARED BY: COASTAL ENGINEERING CONSULTANTS, INC. :2800 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 CEC FILE NO. 96.032 SEPTEMBER 11, 1997 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL NOV 0 4 1997 TABLE OF CONTENTS., LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SECTION SECTION SECTION SECTION SECTION SECTION I PROPERTY OWNE~P AND DESCRIPTION II PROJECT DEVELOPMENT REQUIREMENTS III LOW DENSITY RESIDENTIAL AREA PLAN IV COMMONS AREA PLAN V CONSERVATION/PRESERVE AREA PLAN VI DEVELOPMENT COMMITMENTS PAGE i ii NOV 0 ~ 1997 · LIST OF EXHIBITS AND TABLES. EXHIBIT A EXHIBIT B EXHIBIT C PUD Master Plan Typical Lot Plan Typical Road Cross-Section .o.~ i~OV 0 4 1997 STATEMENT OF COMPLIANCE The development of approximately 155.8 acres of property in Collier County, as a Planned Unit Development to be known as THE CLUB ESTATES will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilitits of THE CLUB ESTATES will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Proiec,t The subject property 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 of the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable forthcoming 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 3.1.H and L of the Future Land Use Element. The project development is planned to incorporate natural systems for water management in accordance ~vith their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities. The projected density of 0.18 d.u. per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required criteria: Base density: 28 d.u. Project area: 155.8 Acres 28 d.u./155.8 Ac = 0.179 d.u./Ac. Density allowed = 3 d.u./Ac. ii NOV 0,1 1997 i I AGENDA ITEM, SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 1.4 1.5 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of THE CLUB ESTATES. LEGAl, DESCRIPTION The subject property being 155.8 acres, is described as: The South one half of the South one half of Section 10, Township 50 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for County right- of-way and/or Utility Easements, as appear in those certain deeds and instruments recorded at O.R. Book 1952, Page 2219. PROPERTY OWNERSHIP The subject property is currently under the ownership of Richard K. Bennett, as Successor Trustee of Land Trust 5385. GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the South 1/4 of Section 10, Township 50 South, Range 26 East. Generally, the project is located on the west side of CR-951 approximately one mile north of Rattlesnake Hammock Road. The zoning classification of the subject property prior to the date of this approved PUD Document was Rural Agricultural. PHYSICAL DESCRIPTION The undeveloped property is south of Naples National Golf Course development, east of the Naples Heritage Golf Course community, northeast of the Wing Park South subdivision, north of undeveloped land and west of CR-95 I. The project is located in the C-4 Canal Drainage Basin. The average existing elevation is 9.5 NGVD with specific spot elevations ranging from 8.3 to 10.4 NGVD. The depths to bedrock in the area varies from some four (4) feet to more than twelve (12) feet. All of the site is in Flood Zone X according to Firm Maps 120067 0605E and 120067 0415D. I-1 NOV 0 4 1997 1.6 Thc soil types on the site include Pineda fmc sand (approximately 75%), Boca fine sand (approximately 20%) and Chobee (approximately :5%). Soil cha/acteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March 1954. PROJECT DESCRIPTION The completed project will be a private gated community consisting of 28 residential lots, a common tennis recreation area and two interconnected lakes. The Iots and lakes will be located on the interior of the perimeter access road. Each lot will have a permanent concrete block or stone retaining wall surrounding the lot and driveway. 1."/ SHORT TITLE This Ordinance shall be known and cited as the "THE CLUB ESTATES PUD." I-2 NOV 0 4 1997 II ",, "o. 2.1 2.2 2.3. SECTION II PROJECT DEVELOPMENT REQUIREMENTS _PURPOSE 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. GENERAL Regulations for development of THE CLUB ESTATES 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 and Growth Management Plan 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 noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of THE CLUB ESTATES shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of any other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", PUD Master'Development Plan. There shall be approximately six (6) land use tracts, plus necessary water management lakes and street rights-of-way, the general configuration of which is also illustrated by Exhibit 'A'. II-I 0 4 1997 TRACT I DEVELOPMENT TYPE I UNITS/S. I A/~A " L SINGLE FAMILY/LOTS 28 4716 AC T COMMON AREA/TENNIS CENTER 4,000 S.F. 0.7 AC CA CONSERVATION AREA N/A 67.4 AC O LAKES AND CONSERVATION AREA N/A 26.4 AC R ROADS/I~IGHT-OF-WAY N/A 13.6 AC TL TURN-LANE N/A 0.1 AC TOTAL 155.8 AC 2.4. 2.5. Areas illustrated as lakes by Exhibit 'A' shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit 'A'. Minor modification to all tracts, lakes or other boundary may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5 and 2.7.3.5 respectively, of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown'in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 28 single family residential dwelling units, shall be constructed in the total project area. The gross project area is 155.8 acres. The gross project density, therefore, will be a maximum of 0.18 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Subdivision Plat, for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. II-2 NOV 0 4 1997 AGEI~DA · Pg..--.~~ ~ 2.6 Bo Co Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of iht. land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the planning laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code when applicable shall apply to the development of all plaUed tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of conslruction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. MODEL HOMES AND SALES FACILITIES_ Model homes/model home centers including a sales center shall be permitted conjunction with the promotion of the development subject to the following: Ao in Do One "wet" and one "dry" model may be constructed prior to recording of a plat. Location is limited to future, platted single family lots. Permits for all models must be applied for by project owner. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan process. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the II- lilce a~ _~et forth herein, No. ~ NOV 0 1997 2.6. 2.7 Eo Access shall be provided to each "dry" model from the "wet" model. Access shall be for pedestrian traffic only, no paved road will be allowed. Access to the "wet" model shall be provided by a paved road or temporary driveway and shall have a supporting parking lot. Sales, marketing, and administrative functions are permitted to occur in designated "wet" model homes within the project only as provided herein. The "wet" model may be served by a temporary utility system with ulthnate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN. Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA. MAINTENANCE. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. II-4 NOV 0 4 1997 SECTION III LOW DENSITY RESIDENTIAL AREA PLAN 3.1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract "L", Low Density Residential. 3.2. ~ DWELLING UNITS For the purpose of this section low density residential is def'med as 4 or less dwelling units per acre on the tract(s) allocated to this purpose. . The maximum number of low density dwelling units allowed within the PUD shall be as follows: Tract L 28 Total 28 3.3. 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: A. Principal Uses: 1. Single Family Dwelling Unit 2. On-site sewage treatment plant/facilities (see Section 3.5) B. Accessory Uses: 2. 3. 4. Customary accessory uses and structures, including private garages. Common recreation amenities. Detached Guest Houses Commercial Excavations III-1 Ho. s~._ N0¥ 0 gg7 3.4. DEVELOPMENT STANDARD~ A. GENERAL: All yards and set-backs shall be in relation to the individual lot boundaries, except as otherwise provided. B. MINIMUM LOT AREA: 20,000 square feet. C. MINIMUM LOT WIDTH: The minimum lot width measurement shall start approximately 50 feet back from the right-of-way and shall not include the narrow driveway portion of the lot. 1. Comer Lots - 100 feet 2. Interior Lots - 100 feet D. MINI~ LOT FRONTAGE: 1. 30 feet, measured at the right-of-way line. E. M2NIMUM YARDS: It is anticipated that the residential lots will be uniquely shaped and that no lots will share a common lot line. Each lot will be separated by a Common Area buffer averaging 80 feet in width. Therefore, the minimum side and rear yard of zero (0') feet is justified. Please see the Typical Lot Plan, Exhibit "B". 1. Front Yard: 50 feet from Right-of-Way. 2. Side Yard: 0 feet 3. Rear Yard: 0 feet 4. Front yard setbacks shall be measured as follows: (a) If a lot or parcel is served by a public or private right-of-way, setback is measured from the adjacent fight-of-way line, even if the lot or parcel is "T" or flag shaped. O) If a lot or parcel is served by a non-planed private drive, setback is measured from the back of curb or edge of pavement (c) If a lot or parcel is served by a platted private drive, setback is measured fi'om the road easement or property line. NOV 0 4 1997 3.$ F. MINI~ FLOOR AREA: 1. 3,000 ~quare feet O. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES: 1. 10 feet H. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. I. MAXI~ HEIGHT: 1. Principal Structure - 50 feet and 3 stories above the minimum ba.~e flood elevation 2. Accessory Structure - 35 feet and 2 stories above the minimum base flood elevation SPECIAL USE A portion of Tract "L" may be used as the temporary location of a sewage treatment plant and oxidation/evaporation pond if a the County U'eatment and collection system is not available to serve the project. At ~uch time as the treatment plant is discontinued, all of Tract "L" shall be utilized for single family development as provided for by this Section. A. DEVELOPMENT STANDARDS 1. MINIMUM YARDS: Structure - Fifty (50) feet from sewage treatment plant parcel boundary. Ponds - 20 feet from sewage treatment plant parcel boundary. 2. LANDSCAPED BUFFER REQUIREMENTS: Twenty (20) feet landscaped buff'er pursuant to the planting and opacity requirements of Divi~.ion 2.4 of the Land Development Code. 3. MAXIMUM HEIGHT: Thirty (30) feet. III AGE: A NOV 0 ~ 1997 SECTION IV COMMONS .~R.EA PLAN 4.1 PURPOSE The purpose of this Section is to ~et forth the development plan and development standards for the area(s) designed as Tracts "O" and "T", Commons Area/Conservation Area on the PUD Master Development Plan, Exhibit "A". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas and recreational facilities. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. 4.2 USES PERMITTED No building or 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. Lakes 2. Open Spaces/Nature Preserves (Conservation Area) Pedestrian and bicycle paths or other similar facilities consmacted for purposes of access to or passage th.rough the commons areas. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. Tennis courts, shuffle board courts, swimming pools, and other types of facilities intended for outdoor recreation. 6. Commercial Excavations B. Accessory Uses: Clubhouse and other cu~omary accessory uses for tennis facilities, or other recreational facilities. 2. Small enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. '~.A. a~/~,§ ]~F~ j IV-1 No. i '~' ~ '~'~' NO¥ 0 4 199 : 4.3 DEVELOPMENT REGULATIONS 4.4 Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and location and treatment of buffer areas. Buildings shall be setback a minimum of thirty (30) feet abutting residential districts and a landscaped and maintained buffer shall be provided. There shall be no setback requirements for Tract "T" (tennis center) due to the isolated nature of the tract. Structures shall comply with the SFWMD and ACOE permits. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 2.5 of this PUD document. F. MAXIMUM HEIGHT: I. Principal Structure: 30 feet. 2. Accessory Structure: 30 feet. G. MINIMUM OFF-STREET PARKING AND LOADING No off-street parking is required for Tract "T" (tennis center). Access to the facilities will be by pedestrian, bicycle or golf cart, all of which will utilize a raised boardwalk for ingress-egress. No automobile traffic is anticipated. OFF-SITE REMOVAL OF EARTHEN MATERLa~. The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby pertained. After consideration of fill activities on those buildable portions of the project site there will be a surplus of earthen material. Therefore, its off-site disposal is also hereby permitted subject to the follow~ng conditions: Ao Commercial excavation activities shall comply with the definition of a "commercial excavation" pursuant to Division 3.5 of the Land Development Code. A Commercial Excavation Permit pursuant to Division 3.5 of the Land Development Code must be obtained. B. All other provisions of said Division 3.5 are applicable. IV-2 NOV 0 SECTION V CONSERVATION/PRESERVE AREA PLAN Conservation/Preserve Area - The purpose is to preserve and protect vegetation and naturally functioning habitat in their natural state. USES PERMI'UFED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required; A. Principal Uses: I. Open Spaces/Nature Preserves. 2. Lakes as shown on the PUD mas~er plan. Small docks, piers or other such facilities consm~cted for purposes of lake recreation for residents of the project, ~bject to appropriate approvals by permitting agencies. 4. Boardwalks subject to appropriate approvals by permitting agencies. 5. Perimeter security fences or walls. 6. Native vegetation landscaping. 7. 'Permitted mitigation activities. V-1 NOV 0 4 1997 AG£ oO. 6.1 6.2 pURPOSE SECTION VI DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the development commitments for the development of the project. GENERAl,,. All facilities shall be constructed in strict accordance with Final Site Development PIans, Final Subdivision Plans and all applicable State and local laws, codes, and re~lafions applicable to this PUD. Except where specifically noted or stated otherwise, the stmdards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to bc platted. The developer, h/s successor and assigns shall be responsible for the commitments outlined in th/s document. The developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is also subject to any commitments within this agreement. 6.3. PUD MASTFeR P~AN 6,4, Exhibit "A', PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries s?~l not be consu'ued to be final and may be varied at any subsequent approval phase as may be executed at the time of final planing or site development pl~n application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, ~mendments may be msde from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SuNSFeT PROVISION Infro~x'ucture: It is the developer's intent to construct the first phase of infrastructure for the single family lots within two (2) years from the date of approval of the PUD Ordinance. VI-I NOV 0 4 ]997 6.5. ~,ecreational Facilities: By the time building permits for 50% of the residential uaits are issued, the developer agrees to have cons~ucted the two (2) tennis courts in the location shown on the PUD Master Development Plan. No facilities shall be dedicated to Collier County. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Homeowner's Association. The Homeowner's Association By-Laws shall include a provision that the ~on of a C..~pi~l Improvement Fund is mandatory, and every property owner in the development shall become a member of the Homeowner's Association. MonJtorin~ Report: An annual monitoring report shall be subrrdrt~d Section 2.7.3.6 of the Collier County Land Development Code. Sunset Provisions: All PUD's shall be subject to the Sunsc~ Pro,As~ot~ of Section 2.7.3.4 of the Land Development Code. VARIANCE AND EXCEPTIONS TO SUBDMSION REGIYLATIONS Variances and exceptions to Division 3.3 of the Land Development Code shall be part of a concurrent application for Preliminary Subdivision Plat 6.6. TRANSPORTATION The development of this PUD Master Plan shall be subject to ~xt governed by the following conditions: Access from CR 951 shall be consistent with the County's Access Management Policy, Resolution 92-422, as amended. Bo Turn lanes in accordance v, dth Ordinance 93-64, as amended, shall be required as a component of the consmaction plan/final plat approval for the first development phase. They must be completed prior to preliminary acceptance of the Phase One subdivision improvements. Nothing in any zoning approval shall operate to vest any right to a median opening in th. is project. The developer shall be responsible for the inst. allation of arterial level street lighting at all project entrance as a component of the construction plan/final plat approval for the first development phase. They must be completed prior to preliminary acceptance of the Phase One subdivision improvements. VI.2 NOV 0 4 1997 I 6°7. 6,8. Fe Ho Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Road Impact Fees shall be paid in ~c. ordmce with Ordinmce 92-22, as amende~ and shall be paid at the time building permits are issued tmless otherwise approved by the Board of County Commissioners. Road improvements required for this project, both site specific and system capacity, shall be in place prior to the i~ce of any Certificates of Occupancy for the development. Compensating Right-of-Way for turn lanes and median areas shall be dedicated by the developer to reimburse the County for the use of existing Right-of-Way at the time said turn lanes are required by Collier County. Such dedication shall be considered site related and there shall be no road impact fee credit to the developer. WATER ]~,NAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. The SFWMD ERP Permit for the project. B. The ACOE Dredge-Fill Permit for the project. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and the SFWMD rules. UTILITIES The development of this PUD Master Plan shall be subject to and governed by the follo'o,~,ag conditions: Ao Water disxribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, consmscted, conveyed, owned mad maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. NOV 0 4 1997 Water Facilities Looping and Stubs: The on-site water distribution system to serve the project must be connected to the district's water main on CP,.951 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: Dead-end mains shall be eliminated by looping the internal pipeline network. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project, or the limit of jurisdictional wetlands, at locations to be mutually agreed to by the County and the developer during the design phase of the project. C. Connection to the County Central Sewer System or a Master Pump Station: The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The developer's engineer shall meet with County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer mater plan. D. Off-site Utilities Improvements: Water - 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 ma.qer 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. Sewer - 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 project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. VI-4 NOV 0 4 1997 6,9, 6.10. ENGINEERING The development of this PUD Master Plan shall be subject to and governed by the following conditions: Ao Grassed slopes of 3H:IV may be used for berm heights to 4 feet throughout the project based on the consm~ction plans approved as part of the SFWMD ERP and ACOE Dredge-Fill Permits. Berms greater that 4 feet in height shall use slopes no greater than 4H:IV. Bo The typical road cross-section as defined in Exhibit "C" shall be used throughout the project. The road section may vary to allow the travel path to meander inside of the fight-of-way. Co Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. ENWIRON,'MENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: ho Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final plat/construction plan approval. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmen~l Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Co All conservation areas shall be designated as conservation/preservation tracts or easements on ail construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. In thc event this project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. VI-5 NOV 0 4 1997 P;..~ ~ 6.11. 6.12. 6.13. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty- five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Envizonmental Resource Permit Rules and be vabject to review and approval by Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to £mal site plan/construction plan approval. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan. ACCESSORY STRUCTURES Accessory smactures shall be constructed simultaneously with or following the consmaction of the principal structure except for a construction site office and model SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier Count?' Land Development Code in effect at the time of building permit application. VI-6 (::]YO~ JU J .cC AGE NOV AG£! ). L ' I I I / ! / ----m' AGE: No. NOV 0 ,~ 1997 'M'O'~ 'M'O'~ J lT 'M'O'~ 'M'O'~ NOV o ~~97 PROTEC'~ION (rDEP) ~ PJL,R, TICIPAI"E IN ,% GROUITD gAI~R ~UXI,:i:I'~ HONII"ORING EFFORT Q~~ For the Board of County Co~lssioners approve the attached contract (FDEP Contract Number GW157) between the County and the Florida Department of Environmental Protection, al related to ground water quality in Collier County. ~O~$IDERATION~ Protection of the County's ground water resources is a major priority of the County's Pollution Control Department (PCD}. Coordination of monitoring of the ground water resources helps to identify trends in ground water for drinking and irrigation purposes. The scope of this contract complies with and Is cons£stsnt with the Pollution Control Department's priorities relative to ground water 9u&lity monitoring and contributes to implementation of goals, objectives, end policies of the County's Growth Management Plan. With this contract, Pollution Control Department, FDEP and it's Contractor, South Florida Water Management District (SFWMD) shall agree to cooperate, to manage the ground water quality monitoring network, and will share ground water quality monitoring data with the County, at no cost to the county. Contract requirements are listed in the attached Contract. FDEP agrees to compensate all the cost associated with this contract up to $3,000.00, for County staff to attend three (3) meetings of the FDEP Ground Water Quality Network (Attachment I), during this contract period. GROWTH F~%NAG~MENT IMPACT: Requirements and Objectives of this contract partially fulfill many of the goals of the Conservation and Coastal Management Element and Natural Ground Water Aquifer Recharge Sub-Element of the Collier County Growth Management Plan. ~_A~__~: FDEP will fund the County, at the amount of up to $3,000.00 for work conducted. Funds and associated expenditure are budgeted and incorporated in Fund (114), Cost Center 178975 for Fiscal Year 97/98. (l14Poll~~O1 Fu~ ~COMM£NDATION: That the Board of County Co~issioners: (1) Approve the attached FDEP 'Contract GW157 between the Florida Department of Environmental Protection (FDEP) and =he County, which will provide the County with funds; not to exceed $3,000.00 for the FY97/98, and authorize the Chairman to execute the contract; and (2) Authorize staff to process a budget amendment to reflect the final contract amounts. Mary Co~nelisse Clerical Supervisor REVIEWED BY: REVIEWED BY: G. George Yilmaz, Director control D~partment DA~: IO/o-97 / Vi~c-ent A. Cautero, AICP, Admxr, x~cr,-tor Community Development & Enviro,-.:.nen%al Services Divist GY: mc: executive sunxnary A~achmcn~ AGE ! £ NOV 0 4 1997 I CONTRACT DEP Contract No. GW157 THIS CONTRACT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS#3525, Tallahassee, Florida 32399-2400 (hereinafter referred to as Ihe 'Department") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS whose address is County Governmental Center, 3301 E. Tamiami Trail, Naples, Florida 33962 (hereinafter referred to as the 'Contractor"), a governmental entity, for participation in the Ground Water Quality Monitoring Network in Collier County. In consideration of the mutual benefits to be derived herefrom, the Department and Contractor do hereby agree as follows: The Department does hereby retain the Contractor for participation in the Ground Water Quality Monitoring Network in Collier County as defined herein and the Contractor does hereby agree lo perform such services upon the terms and conditions set forth in this Contract and all attachments and exhibits named herein which are attached hereto and incorporated by reference. The Contractor shall perform the services in a proper and satisfaclory manner as determined by the Department. Any and all equipment, products or materials necessary lo perform this Contract shall be supplied by the Conb'-actor, unless otherwise specified herein. The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Department. As consideration for the services rendered by the Contractor under the terms of this Contract, the Department shall pay the Contractor on a fixed price basis in the amount of $3,000 as specified in Attachment A. AIl bills for amounts due under this Contract shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All travel and incidental expenses are included in the fixed price amount of this Conl:r'act. This Contract shall beg~n upon execution by both parties or October 1, 1997, (whichever is later) and end September 30, 1998, inclusive. In accordance with Section 287.058(2), Florida Statutes, the Contractor shall not be eligible for reimbursement for services rendered prior to the execution date of this Contract. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwise specified herein, Io inspect and approve the services for payment; the Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a contractor for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. In accordance with Section 215.422, Florida Statutes, the Department shall interest at a rate as established by Section 55.03(1), Florida Statutes on the warrant in payment of an invoice is not issued within forty (40) days after receip DEP Contract No. GW157, P~ge 1 of 5 ~v th~_ NOV 0 4 1997 and receipt, Inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 3 (1996-97) dated December 3, 1996, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1997 for which ~e term of this Contract is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Departrnent's Contracts Section at 850/922-5942. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sover'eign immunity or the provisions of Section 768.28, Florida Statutes. 10. The Department may terminate this Contract at any time in the event of the failure of the Contractor to fulfill any of its obligations under this Contract. Prior to termination, the Department shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the Contractor an opportunity to consult with the Departrner'.?. regarding the reason(s) for termination. The Department may terminate this Contract without cause and for its convenience by giving thirty (30) calendar days writlen notice to the Contractor. Notice shall be sufficient if delivered personally or by certified mail Io the address set fodh in paragraph 11. 11. Any and all notices shall be delivered to the parties at the following addresses: .Contractor Depadment Collier County Board of County Commissioners Attn: George Yilmaz, PCD, Floor 3 County Governmental Center, Bldg.H 3301 E. Tamiami Trail Naples, FL 33962 Florida Department of Environmental Protection Division of Water Facilities Attn: David Adams (MS# 3525) 2600 Blair Stone Road Tallahassee, FL 32399-2400 12. Pursuant to Section 216.2815, Florida Statutes, ali records in conjunction with this Contract shall be public records and shall be b'eated in the same manner as other public records are under general law. This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 13. The Contractor shall maintain books, records and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Contract and for three years following Contract completion. In the event any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 14. 15. The Department's Contract Manager is David Adams, Environmental Specialist I1, Phone 8501414- 8550. The Contractor's Contract Manager is George Yilmaz, Director Pollution Control Dept., Phone 941/732-2502. AJI matters shall be directed to the Contract Managers for appropriate action or disposition. The Contractor warrants that it has not employed or retained any company or I bona fide employee working solely for the Contractor to solicit or secure this Co~ DEP Contract No. GW157, Page 2 of 5 erson,t~t~ tract and that it has NOV 0 4 1997 16. 17. not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Contract. The Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. This Contract has been delivered in the Stale of Florida and shall be construed in accordance with the laws of Florida. W~erever possible, each provision of this Contract shall be interpreted in such manner as to be effectN, e and valid under applicable law, but if any provision of this Contract shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Contract. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 18. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Contract, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 19. The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Contract. 20. This Contract is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 21. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Contract. 22. This Contract is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the Department. 23. The Contractor shall not subcontract, assign, or transfer any work under this Contract without the prior written consent of the Department's Contract Manager. The Contractor agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Contractor that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 24. It is expressly understoo<:l and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S., if available, in the same manner and under ihs same procedures set forth in Section 946.515(2), (4), F.S.; and for purposes of this Contract the person, firm or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The 'Corporation identified' is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.) which may be contacted at: P.R.I.D.E. 5540 PJo Vista Drive Clearwater, Florida 34620-3107 Telephone: (813)535-4900 DEP Contract No. GW157, Page 3 of 5 25. To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation statutes, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 26. The Contractor warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Contractor's officers, employees, servants and agents while acting within the scope of their employment with the Conb'actor. 27. The purchase of non-expendable equipment costing $500 or more is not author[zed under the terms of this Contract. 28. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Contract (e.g., specifications, time, method or manner of performance, requirements, etc.). AJI change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Contract. 29. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entit7 crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public enti~ in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 30. The Contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Contract. The Contractor acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The Contractor further agrees to include this provision in all subcontracts issued as a result of this Contract. 31. This Contract represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless otherwise provided herein. REM. AJNDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GW157, Page 4 of 5 NOV u 4 1997 IN WITNESS WHEREOF, the parties have caused [his Contract to be duly executed, the day and year last written below. COLLIER COUNTY BOARD FLORIDA DEPARTMENT OF OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION By: ~e: Timothy L. Hancock, AICP, Chairman Director, Division of Water Facilities or designee Collier County Board of County Commissioners Pollution Control Department County Governmental Center 3301 E. Tamiami Trail Naples, FL 33962 Date: Attest: D~ight E. Brock, Clerk Approved as to form and legality: FEID No. 59-6000558 Approved as to form and legal sufficiency: Thomas'C. Palmer, Asst. Cry. Zztorney DEP Attorney List of attachments/exhibits included as part of this Contract: Specify Letter/ Type Number Description (include number of paqes) Attachment A Scope of Services (1 Page) DEP Contract No. GW157, Page 5 of 5 AGE 8 TEM ~ NOV 0 4 1997 ATTACHMENT A SCOPE OF SERVICES CONTRACT TASKS. Each activity to be performed has been identified and described as a separate task. TASK 1. A'I'rEND AMBIENT MONITORING PROGRAM MEETINGS One or more Contractor staff members will attend three quadramonthly Ambient Monitoring meetings. These meetings will last approximately 2-4 days and keep the Contractors informed about state-wide monitoring networks. Appropriate .Contractor staff will attend one sampling or training course offered by the Department as needed. TASK II. FINAL REPORT Summarize all tasks and recommendations associated with this Contract into a final repod. Include copies of any publication/documents produced by the Contractor utilizing Ambient Network data. REPORTING REQUIREMENTS The Contractor shall submit progress reports every four (4) months in conjunction with an invoice. Each progress report shall indicate work performed during the reporting period, percentage of project completed, work scheduled for the next report period, problems encountered, and planned solutions. A final report, as described in Task il above, shall be submitted to the Department no later than the completion date of the Contract. PAYMENTS The Contractor shall submit invoices every four (4) months, based on the percentage of project completion, in conjunction with progress reports as required herein. A final invoice must be submitted no later than thirty (30) days after the completion date of the Contract, to assure the availability of funding for final payment. The Department shall have fourteen (14) calendar days from receipt of a deliverable to review said deliverable to determine satisfactory performance. If said deliverable is acceptable to the Department, the invoice shall be processed for payment with the invoice' processing time beginning on the date the Department approved the work product submitted by the Contractor. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GW157, Attachment A, Page 1 of 1. CONTRACT DEP Contract No. GW157 THiS CONTRACT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS#3525, Tallahassee, Flodda 32399-2400 (hereinafter referred to as the 'Depadment') and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS whose address is County Governmental Center, 330'1 E. Tamiami Trail, Naples, Florida 33962 (hereinafter referred to as the 'Contractor'), a governmental entity, for padicipation in the Ground Water Quality Monitoring Network in Collier County. In consideration of the mutual benefits to be derived herefrom, the Department and Contractor do hereby ~gree as follows: The Department does hereby retain the Contractor for participation in the Ground Water Quality Monitoring Network in Collier County as defined herein and the Contractor does hereby agree to perform such services upon the forms and conditions set forth in this Contract and all attachments and exhibits named herein which are attached hereto and incorporated by reference. The Contractor shall perform the services in a proper and satisfactory manner as determined by the Department. Any and all equipment, products or materials necessary to perform this Contract shall be supplied by the Contractor, unless otherwise specified herein. The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Department. As consideration for the services rendered by the Contractor under the terms of this Contract, the Department shall pay the Contractor on a fixed price basis in the amount of $3,000 as specified in Attachment A. All bills for amounts due under this Contract shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Ail travel and incidental expenses are included in the fixed price amount of this Contract. This Contract shall begin upon execution by both parties or October 1, 1997, (whichever is later) and end September 30, 1998, inclusive. In accordance with Section 287.058(2), Florida Statutes, the Contractor shall not be eligible for reimbursement for services rendered prior to the execution date of this Contract. o The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a request for payment to the Florida Department of Banking and Finance within twent7 (20) days; and the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a contractor for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. In accordance with Section 215.422, Florida Statutes, the Department s' interest at a rate as established by Section 55.03(1), Florida Statutes on warrant in payment of an invoice is not issued within forty (40) days after re DEP Contract No. GW157, Page 1 of 5 :eipt of a c~rrect ~r'~oice NOV 0 Pl. 10. and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 3 (1996-97) dated December 3, 1996, has been set at 10% per annum or .02740% per day. The revised inlerest rate for each calendar year beyond 1997 for which the term of this Contract is in effect can be obtained by caUing the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing conlained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. The Department may terminate this Contract at any time in the event of the failure of the Contractor to fulfill any of its obligations under this Contract. Prior lo termination, the Department shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the Contractor an opportunity to consult with the Department regarding the reason(s) for termination. The Depadment may terminate this Contract without cause and for its convenience by giving thirty (30) calendar days written notice to lhe Contractor. Notice shall be sufficient if delivered personally or by certified mail to the address set fodh in paragraph 11. 11. Any and all notices shall be delivered to the parties at the following addresses: 12. 13. 14. 15. Contracto[ Department Collier County Board of County Commissioners Attn: George Yilmaz, PCD, Floor 3 County Governmental Center, Bldg. H 3301 E. Tamiami Trail Naples, FL 33962 Florida Department of Environmental Protection Division of Water Facilities A~n: David Adams (MS# 3525) 2600 Blair Stone Road Tallahassee, FL 32399-2400 Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Contract shall be public records and shall be treated in the same manner as other public records are under general law. This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. The Contractor shall maintain books, records and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access !o such records for audit purposes during the term of this Contract and for three years following Contract completion. In the event any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access lo such records for audit purposes. The Department's Contract Manager is David Adams, Environmental Specialist I1, Phone 850/414- 8550. The Contractor's Contract Manager is George Yilmaz, Director Pollution Control Dept., Phone 941/732-2502. All matters shall be directed to the Contract Managers for appropriate action or disposition. The Contractor warrants that it has not employed or retained any company o bona fide employee working solely for the Contractor to solicit or secure this C DEP Contract No. GW157, Page 2 of 5 retract and that it has 10 NOV O 4 1997 IN WITNESS WHEREOF, the parties have caused this Contract to be duty executed, the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Title:Timothy L. Hancock, AICP, Chairman Director, Division of Water Facilities or designee Collier County Board of County Commissioners Pollution Control Department County Governmental Center 3301 E, Tamiami Trail Naples, FL 33962 E. Brock, Clerk Date: A~est: Dwight DEP Contracts Admmmtrator Approved as to form and legality: FEID No. 59-6000558 Approved as to form and legal sufficiency: Thomas C.Palmer, Asst. Cry. A~.~orney DEP Attorney List of attachments/exhibits included as part of this Contract: Specify Letter/ Type Number pes. cription (include number of pages) Attachment A Scope of Services (1 Page) DEP Contract No. GW157, Page 5 of 5 NOV 0 4. 1997 ATTACHMENT A SCOPE OF SERVICES CONTP~,CT TASKS.. Each activity to be performed has been identified and described as a separate task. TASK I. ATTEND AMBIENT MONITORING PROGRAM MEETINGS One or more Contractor staff members will attend three quadramonthly Ambient Monitoring meetings. These meetings will last approximately 2-4 days and keep the Contractors informed about stste-wide monitoring networks. Appropriate Contractor staff will attend one sampling or training course offered by the Department as needed. TASK II. FINAL REPORT Summarize all tasks and recommendations associated with this Contract into a final report. Include copies of any publication/documents produced by the Contractor utilizing Ambient Network data. REPORTING REQUIREMENTS The Contractor shall submit progress reports every four (4) months in conjunction with an invoice. Each progress report shall indicate work performed during the repoding period, percentage of project completed, work scheduled for the next report period, problems encountered, and planned solutions. A final report, as described in Task II above, shall be submitted to the Department no later than the completion date of the Contract. PAYMENTS The Contractor shall submit invoices every four (4) months, based on the percentage of project completion, in conjunction with progress reports as required herein. A final invoice must be submitted no later than thirty (30) days after the completion date of the Contract, to assure the availability of funding for final payment. The Department shall have fourteen (14) calendar days from receipt of a deliverable to review said deliverable to determine satisfactory performance. If said deliverable is acceptable to the Department, the invoice shall be processed for payment with the invoice processing time beginning on the date the Department approved the work product submitted by the Contractor. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GW157, Attachment A, Page 1 of 1. NOV (~ 4 ~997 10 CONVEY TO THE CITY OF NAPLES WATER UTILITY FACILITIES INSTALLED IN UNIT SIX OF THE GREY OAKS SUBDIVISION, WHICH FACILITIES WERE CONVEYED TO THE COUNTY BY MISTAKE OBJECTIVE: To have the Chairman of the Board of County Commissioners execute a quit-claim deed and an "as is" bill of sale. These documents are to convey all property interests of the subject County owned water utility facilities to the City of Naples. In April of 1997 these water utility facilities were conveyed by mistake to the County as explained in a letter, attached. CONSIDERATION:. In April of 1997, the subject sewer facilities were correctly conveyed to the County, but the water utility facilities should have been conveyed to the City of Naples. The subject utility facilities are located in and serve the Grey Oaks Subdivision, Unit 6. The purpose of these documents is to convey to the City of Naples all of the County's right, title and interests in the subject water utility facilities. These documents convey no interests in any sewer facilities. The County makes no warranties to the City with regard to any of these facilities. FISCAL IMPACT: No fiscal impact. GROWTH MANAGEMENT: No growth management impact. RECOMMENDATION: That the Board of County Commissioners authorize the Board's Chairman to execute (1) the attached quit-claim deed and (2) the "as is" bill of sale. Approval will direct that both executed documents be forwarded to Kathleen C. Passidomo, who is representing Grey Oaks in this matter and who has agreed to coordinate acceptance of title to these water utility facilities by the City of Naples as noted in the attached letter. Prepared by: Approved by: f Thomas C. Palmer Assistant ,County AttoTey Thomas F~ Kuck, P.E. Engineering Review Services Manager Date: ,../ct r' ~. ~ AG£1~DA IT£~ NOV 0 4 1997 Approved by: '¢(ncen-t A.'P..;autero, Administrator Community Dev. & Env. Services NOV 0 '~ 1997 N.T.S. I IlK OJECT GOLD[N cory LOCATION MAP .NOV 0 4 1997 CHARTERED CHARLES M. KELLY. JR. ~D~ID CEITY(D ~S ~USTS ~ ~THL~N ~. PASSI~MO R. SCO~ ANDREW G. SIKET' ATTORNEYS AT LAW GREY OAKS BUILDING IN POINCIANA PROFESSIONAL PARK .~L:ITE Z~$O ¢;OI.DEN (;ATE PARKWAY NAPLES. FLORIDa203 TELEPHONE ~ TEL£COPIER~ 49411 ~61.3455 I (9411 261..~711 ~ August I4, 1997 Mr. Tom Palmer, Esq. Assistant County Attorney 3301 Tami,'uni Trail East Naples, Florida 34112 Re: Utilities Dedication/Grey Oaks, Unit Dear Mr. Palmer: In furtherance of my telephone conversation of this date with Shirley Nix, I am enclosing herewith copies of the following documents: Bill of Sale dated April 2, 1997 and recorded in the O.R. Book 2301, Page 1362 of the Public Records of Collier County, Florida. Utility Facilities Warranty Deed dated April 2, 1997 and recorded in O.R. Book 2301, Page 1376 of the Public Records of Collier County, Florida. 3. Owners Affidavit dated April 2, 1997. 4. Attorney's Affidavit dated March 5, 1997. 5. Utility Facilities Subordination Consent and J'oinder dated March 18, 1997. The original documents were prepaxed in Mm'ch of 1997 and covered water and sewer utility facilities in Grey Oal',.s, Unit 6. Unfortunately, the water lines in this particular area should be dedicated to the City of Naples since the City pr~'ides wat~£ service to this area in Grey Oaks. To compound the problem, the Utility Facilitles Warranty Deed and Bill inadvertently recorded by our clients prior to review by your office. AGENDA ITEM. No. ~ NOV 0 4 1997 Mr. Tom Palmer, F-~I. August 14, 1997 Page 2 I would appreciate your help in correctiag this situation by arranging for Collier County to convey the water lines to the City of Naples while r~taining the sewer lines. Additionally, the original Utility Facilities Subordination Consent and 3oinder has not been recorded and I have retained same in the file. I look forward to hearing from you regarding this matter and in the meantime ff you have any questions or require additional informa~ know. KCP/mdp cc: Shirley Nix Jim Ink AG£NDA IT[M No. ~ NOV 0 ~ 1997 PI. ~ This Deed prepared by:. Thomas C. Palmer Assistant County Attorney 3301 Tamiami Tra~ East Naples, Florida 34112 (941) 7'/4-8400 WATER UTILITY FACILITIES - COLLIER COUNTY TO CITY OF NAPLES This DEED, executed by COLLIER COUNTY ('GRANTOR') this day of September. 1997. Grantor is a political subdivision of the State of Florida. Grantor's mailing address is 3301 Tamlami Trail East, Naples, Florida 34112. The 'GRANTEE' is the City of Naples, a Florida municipal corporation. Grantee's mailing address is 735 8~' Street South, Naples, FL 34102. 'Grantor" and 'Grantee" include each party's successors and assigns. WITNESSETH: GRANTOR, in consideration of one dollar ($1.00) to it in hand paid on behalf of GRANTEE, receipt of which is hereby acknowledged, hereby QUIT- CLAIMS to the GRANTEE all of GRANTOR'S rights, title and interests in and to the following described WATER UTILITY FACILITIES lying and being in Collier County: All WATER UTILITY FACILITIES that were conveyed by the Halstatt Partnership to GRANTOR by that utility facilities warranty deed recorded at Book 2301, Page 1376 through Page 1388, inclusive, public records of Collier County. These water utility facilities are located in and serve the GREY OAKS Subdivision. UNIT 6, being in parts of Section 24 and Section 25, Township 49 South, Range 25 East. This deed conveys only water utility facilities and not any sewer (wastewater) facilities. IN WITNESS WHEREOF, GRANTOR has caused this DEED to be executed in its name by its Board of County Commissioners acting through its Chain'nan (or Vice Chairman) the day and year specified in the first paragraph, above. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: Deputy Clerk By: TIMOTHY L. HANCOCK, Chain'nan AGENDA ITE~ NOV 4 1997 QUIT-CLAIM BILL OF SALE GREY OAKS - UNIT 6 WATER UTILITY FACILITIES - COLLIER COUNTY TO CITY OF NAPLES This "as is" Quit-Claim Bill of Sale is executed by Collier County ["Grantor") this day of , 1997. Grantor is a political subdivision of the State of Florida. Grantor's mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. The "Grantee" is the City of Naples, at~lorida municipal corporation. Grantee's mailing address is 735 8 Street South, Naples, Florida 34102. "Grantor" and "Grantee" include each party's successors and assigns. WITNESSETH: Grantor, in consideration of one dollar ($1.00) to it in hand paid on behalf of Grantee, receipt of which is hereby acknowledged, hereby quit-claims to the Grantee all of Grantor's rights, title and interests in and to the following described Water Utility Facilities lying and being in Collier County: All Water Utility Facilities that were conveyed by the Halstatt Partnership to Grantor by a Bill of Sale recorded at Book 2301, Page 1362 through Page 1375, inclusive, Public Records of Collier County. These water utility facilities serve the Grey Oaks Subdivision, Unit 6, being in Darts cf Section 24 and Section 25, Township 49 South, Range 25 East. This Bill of Sale quit-claims only water utility facilities, not any sewer (wastewater) facilities. These facilities are ccnveyed "as :$." Grantor makes no warranties. iN WITNESS WHEREOF, Grantor has caused this Quit-Claim Bill of Sale :~ be executed in its name ky its Board cf County Commissioners acting through its Chairman (or Vice Chai:-man) the day and year specified in the first paragraph, above. ATTEST: BOARD OF COUNTY CO~/~.ISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER CCUNTY ~:D AS EX-OFFICIO THE GOVEP.NING BOARD OF THE COLLIER C~U,,.Y WATER-SEWER DISTRICT By: Deputy Clerk By: TIMOTHY L. HANCOCK, CHAIRMAN Prepared By: Thomas C. Palmer Assistant County Attorney 3301 Tamiami Trail East Naples, Florida 34112 h:\utility\forms\greyoaksbillofsale-tcP EXECUTIVE SUM3IARY WAIVER OF ROAD IMPACT FEES, LIBR.4~Y SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITY LMPACT FEES, EM'ERGENCY bFEDICAL SERVICES SYSTEM I~IPACT FEES, WATER SYSTEM IMPACT FEES, SE%~ER SYSTEM IMPACT FEES AND EDUCATIONAL FACILITY SYSTEM IMPACT FEES FOR THIRTEEN (13) SLNGLE FAMTLY HOUSES TO BE BUILT BY I3~IOKALEE HABITAT FOR HUMANITY, INC. IN NAPLES MANOR LAKES AND TO FUND SAID WAIVERS FROM AFFORDABLE HOUSING TRUST FL~'I), FUND 191. To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for the waiver of Road Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees, Emergency Medical Services System Impact Fees, Collier County Regional Water Impact Fees, Collier County Regional Sewer Impact Fees, and Educational Facility System Impact Fees, for thirteen (13) houses to be built by Immokalee Habitat for Humanity, Inc. with funds fi.om the Affordable Housing Trust Fund, Fund 191. CONSIDERATIONS: Immokalee Habitat for Humanity, Inc. has submitted application for waiver of impact fees for the purchasers of thirteen (13) houses to be built in Naples Manor Lakes that will sell to very low income families for approximately $46,500 each. The homes will be built on the following described properties. Lot 25, Block Lot 26, Block Lot 27, Block Lot 2, Block Lot 3, Block Lot 4, Block Lot 5, Block Lot 17, Block Lot 18. Block Lot 36, Block Lot 37, Block Lot 39, Block Lot 40, Block 10, Naples Manor Lakes. 10, Naples Manor Lakes. 10, Naples Manor Lakes. 13, Naples Manor Lakes 13, Naples Manor Lakes 13. Naples Manor Lakes 13. Naples Manor Lakes 13. 13. 13 13 13 13 Naples Manor Lakes Naples Manor Lakes Naples Manor Lakes Naples Manor Lakes Naples Manor Lakes Naples Manor Lakes Plat Book 3 at Page 87 Plat Book 3 at Page 87 Plat Book 3 at Page 87 Plat Book 3 at Page 86 Plat Book 3 at Page 86 Plat Book 3 at Page 86 Plat Book 3 at Page 86 Plat Book 3 at Page 87 Plat Book 3 at Page 87 Plat Book 3, at Page 86 Plat Book 3, at Page 86 Plat Book 3, at Page 86 Plat Book 3, at Page 86 Immokalee Habitat for Humanity, Inc. has certified that the applicants will meet the requirements under the Impact Fee Waiver Ordinances as very Iow income, first time home buyers to qualify for Affordable Housing Impact Fee Waivers. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Tru Fund 191-138785. NO. ~ Fund, NOV 0 4 Igg7 Executive Summary Naples Manor Lakes Page Two The total amount of impact fees requested to be waived is $80,203.76. Impact fee charges for the thirteen (13) houses in Naples Manor Lakes would be itemized as follows: ~ _13 Houses a) Library System Impact Fee $ 180.52 $ 2,346.76 b) Road Impact Fee 1,379.00 17,927.00 c) Parks & Recreational Impact Fee 1) Community Parks 399.00 5,187.00 2) Regional Parks 179.00 2,327.00 d) Emergency Services Impact Fee 14.00 182.00 e) Water Impact Fee 900.00 11,700.00 f) Sewer Impact Fee 1,340.00 17,420.00 g) School Impact Fee ~ 23.114.00 TOTAL IMPACT FEES $6,169.52 $80,203.76 GROWTH MANAG£MENT IMPACT: The impact fee waivers will bring relief to the buyers of housing for very low income families in compliance with policy 1.5.2 of the Housing Element of the Growth Management Plan. llECO~IMEN'DATION: That the board of County Commissioners approve the Resolutions and Agreements authorizing the waiver of impact fees for thirteen (13) homes to be built in Naples Manor Lakes by Immokalee Habitat for Humanity, Inc. for very Iow income buyers and to pay for these impact fee waivers with State Housing Incentive Partnership [SHIP] program revenue funds. GM/jcl/10/21/97 PREPARED BY: ~ reg Mih~,Kc, Director Housing hnd Urban Improvement Date APPROVED BY: //~ Viflcent A. Cautero, AICP, Administrator Community Dev. And Environmental Svcs. jcl/c/naples manor Date no. NOV 0 4 1997 ! '2 3' 9 10 11 12 13 14 15 RESOLUTION NO. 9'}'-__.._._. RESOLLrI'ION OF THE BOARD OF COU'NTY CO,MLMISSIONERS. COLLIER COLrN'I'Y, FLORIDA, AUTHOKIZI'NG WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM ~IPACT FEES, LIBKARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ON-E HOUSE TO BE CONSTRUCTED BY I~LMOKALEE BABITAT FOR I-PJMANYtY, INC., ON LOT 25, BLOCK 10, NAPLES MA~OR LAKES, NAPLES, FLORIDA. W'rIEREAS. Colher County has recognized and anempted to address the lack of adequate and affordable 16 housing for moderate. Iow. and very-low income households in the County and the need for creative and innovative 1T programs to assist tn the provmon of such housing by including several provmons m the Colher County Grow',h 1S M~na~em~t PI~, including: object,ye 1.4, ~hcy 1.4.1; objcclwe 1.5, ~hcy 1.5.2. ~hcy !.5.3, ~hcy 1.5.4, 19 ~hcy 1.5.5, ~licy ~.5.6; objccnve 1.6, ~Jicy 1.6.3; objec~we 2.1, ~l~cy 2.1.1, pohcy 2.1.2, ~hcy 2.1.3, policy 20 2.1.5. Jnd ~hcy 2.1.6 otlhc Housing Elcmem; and 21 ~E~AS. Colher County ~s received t~dini pursuan~ Io lhe Sta~e Housing ~iliafives p~crship 22 Pro,am scl fofih m Section 420.907 e~ seO., Flo6da Statics and Chaplet 9I-~, Florida Adminis~a~ivc Code: and 23 WHE~AS. m accordance wllh Collier Coun~ ~dinance No. 93-19. lhe Counb' is authomzed ~o use 24 funding from :he S:ale Housing lnmanves Pa~ersh~p [SHIP] ~o~am for wawers of Colher Counb' ~mpac~ fees; 25 and 26 ~E~AS. Immokalee Hab~ta~ for Humamb'. Inc. ~s seeking a wawer of ~mpact fee~: and ~E~AS. Immokalee Habitat for HumaniD'. Inc. ~ll cons~ct one (1} t~ee-bedroom umt (the )welhng UmC) on Lot 25. Block 10. Naples Manor Lakes which ~s proposed to sell for Fo~'-S~x ~ou~and Fwe 29 Hundred Dollars (5~6.500.00~: and 30 g~E~AS, the Dwelhng Unit will be purcMsed by a ve~ Iow income household which is required to 31 mvesi a mm~mum of five hundred (500) ho~s of'Sweat Eqm~'" ~fore ~t obtains role ~o the house: and 32 WHE~A5. Mr. Charles C. Smith. V~ce President of lmmokalee Habitat for Humaniw, Inc., submined tn 53 the Office of Housing and Urban Improvement an Affordable Housing Apphca~lon dated September 30, 1997 for a 3~ wawer of ~mpact fees for the cons~cuon of a house on Lm 25, Block 10. Naples Manor Lakes. a copy of sa~d 35 apphcat~on ~s on file m the Housing and Urban lmprovemem Depanmen:. and 30 g~E~AS, m accordance ~th Section 3.~ of the Regional Water Sysxem lmpac~ Fee ~dmance, ? ~dmance No. 90-86, as amended; Secnon 3.04 of the Regional Sewer Sysxem Impact Fee ~dmance, Ordinance 3g No. 90-g7. as amended; Sectlon 3.~ of ~e Lib~ System ~pact Fee ~dmance, Ordinance ~o. gg-97, as 39 amended; Section ~.05 of ~e Par~ ~d Recreational Facihties Impacl Fee ~dmance, ~dinance No. g8-96, ss 40 amended: Section 3.~ of the Road Impact Fee ~dmance, ~dm~ce No. 92-22. as amended: Section 3.05 of the ~i Emergency Medical Se~'~ces S?stem Impzc~ Fee ~dmance, ~dinance No. 91-71, as amended; and Section 3.05 of ~2 :he Educational Facdmes System Impact Fee ~dmance. Ordinance No. 92.33. as amended: an apphcant may obtain AGE ~ T .- 43 a ~, ~,~ er of impact fees b~ quah,'y,r., for, - al~er: a~d No.~~ : . NOV 0 4 · l WHEREAS, lrnmokalee Habitat for Humanity, Inc. las Rualified for an Jrnpact fee waiver based upon the 2 following representations ma~e by lmmokalcc Habiut for Humanity, Inc.: 3 A. The Dwelhng Unit shall be sold to a fim.tirne home buyer. a B. The Dwelhng Unit shall be sol~ to a household with a very ]ow income level as that term Js defined $ in the Appendices Jo the respective Impact Fee Ordinances and the monthly payment to purchase the 6 unit must be ~thin the affordable housing guidelines estabhshed in the Appendices to the '7 respective Impact Fee Ordinances. g C. The Dwellizi,~ Unit shall be the Homestead of the owner. 9 D. The Dwelling Unit shall remain affordable for fl~cen (15) years from the date the certificate of 10 occupancy ts ~ssued. 11 NOW T'rlEILEFORI[, BE IT RESOLVED BY THE BOMLB OF COUNTY COMMISSIONERS O1-' 12 COLLIER COL."NTY, FLORIDA. that: 13 15 16 17 19 20 21 22 23 24 25 26 2S 29 30 31 32 33 .34 3~ 3'~ The Board of County Comrnissmners hereby authorizes the Coun'ry Manager to ~ssue an Authonzat,on for wa,ver of impact fees to Immokalee Habitat for Hurnarnry. Inc. for one (i) house which shall be constructed on Lot 25, Block I0, Naples Manor Lakes. Colher Count,.', Florida. Upon rece,pt by the Housing and Urban Improvement Director of an agreement for waiver of ~mpact fees signed by Immokalee Habitat for Humanity, Inc., and/or the purchaser, or other docurnentatmn acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Colher County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the follo"V~ng amounts for the one (1) house to be built on Lot 25. Block 10. Naples Manor Lakes by lmmokalee Habitat for Humamty. Inc.: A. L~brar'y Impact Fee S 180.52 B. Road Impact Fee 1.379.00 C. Parks and Recreational Fac,lines Impact Fcc: ( 1 ) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Irnpa:t Fcc 14.00 E. Educational Facilmes System Impact Fee 1,778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fcc S1_340.00 TOTAL IMPACT FEES $6,169.~2 3. The payment of Impact fees by Collier County is subject to the execut,on and recordation of an agreement for waiver of Colhct County Impact Fees bera'een the property owner and/or purchaser and the County. - 2 - AGENDA ITEk~ .. NOV 0 4 1(397 'l 2 Th:s Reso]ut:on adopted after motion, ~cond and majority vote fivonng same. eATED: 6 ATTEST: ? DWIGHT £. BROCK. Clerk 8 9 10 11 12 13 14 16 18 20 21 23 24 26 27 28 29 31 32 37 SS 39 40 41 42 -'3 44 45 4' 53 5~ ~5 59 60 62 ~3 64 Approved as to form and legal sufficiency: He:d: F. Ashlon Assistant Count)' Auomey jcl gm c naples manor lakes reso BOARD OF COUNTY COMMISSION'ERS COLLIER COUNTY, FLORIDA By: Tsmothy L. Hancock. Chairman - 3 - NOV 0 4 1997 ! '2 .3' 4 6 10 ~ 14 ~ 15 16 17 18 20 22 · 25 26 20 EXHIBIT "A" LEGAL DESCRIFrlON LOT 25 OF BLOCK 10, NAPLES MANOR LAX.ES, ACCOKDrlqG TO TEE PLAT BOOK TH. EP,.EOF, AS KECORDED IN PLAT BOOK 3, AT PAGE 81, OF THE PUBLIC ILECORDS OF COLLIER COUI',ITY FLOR/DA. = 4 - AG... A T NOV 0 4 1997 XECUTIVE SUMMARY. ADOPT RESOLUTION CONCERNING AN EFFLUENT SYSTEM FOR THE MARCO WATER AND SE .WER DISTRICT, PHASE II OBJECTIVE: That the Board of County Commissioners as Ex-Officio, the Governing Board of the Marco Water and Sewer District adopt the Resolution concerning an effluent disposal spray irrigation system for the Marco Water and Sewer District, Phase II, and repeal the preliminary assessed cost of the effluent irrigation system against benefited properties within the Marco Water and Sewer District of Collier Count)', Florida. CONSIDERATIONS: I. On May 7, 1985 the Board directed staff to investigate the inclusion oran effluent disposal distribution system within the scope &the Marco Phase II Sanitary Sewer Improvements and to enter into negotiations with Marco Island Utilities for bulk sewage treatment. 2. In 1986, the Board approved Resolutions MWS 86-3 and MWS 86-7 that initiated an assessment for an effluent distribution system for landscaping irrigation in the Marco Phase II sanitary sewer project. 3. During the same time period, the Count', representing the Marco Water and Sewer District, failed to reach an agreement with Marco Island Utilities on the supply &treated effluent. Consequently, the Count)' proceeded with the collection system only. 4. The preliminary assessment costs for effluent irrigation to properties within the Marco Phase II district was adopted by resolution and is recorded within Public Records before it was decided not to initiate construction of the project. Due to the recordation of the resolutions in the Public Records, this creates considerable confusion regarding whether a lien exists on the effected properties at time &real estate closings and transactions. FISCAL IMPACT:Clerk's Flec~Cfia~ Fees wLLY ~ a~~ly $:10. ~ter/~ 12~t~-2c'c Fu~ GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board &County Commissioners as Ex-Officio, the Governing Board of the Marco Water and Sewer District: I. Approve and adopt the resolution which acknowledges *,hat the effluent system was never constructed and rescinds Resolutions MWS 86-3 and MWS $6-7. 2. Order the Department of Revenue to repeal all assessments within project//4000 - Marco Phase II Irrigation accounts. 3. Direct Clerk to record said Resolution in the Official Records &Collier County, Florida. Executive Summary Marco Irrigation Assessment Page 2 - Ann Marie'S~,ylor, Admini"~[rative Assistant Reviewed b .~Ed~a~s Director Reviev.,ed by: Ed llschner, Public Works Administrator Date F:am/Exccu~ive Summar)'/Marco Irrigation doc I 2 3 6 ? 9 10 Il 12 ~3 16 I? 19 2O 21 22 23 2a 2~ 26 27 28 29 3O 31 32 33 3~ 35 ~6 RESOLUTION NO. MWS-97- I~CO ~'ATERAIqD SEWER DISTRICT COLLIER COUNTY A RESOLUTION CONCERNING THE EFFLUENT DISPOSAL SPRAY IRRIGATION SYSTEM FOR THE M~.RCO ~TER AND SEWER DISTRICT, PHA~E II, I~ESCINDING RESOLUTIONS ~WS 86-% A~D ~S 86-7, ~ REP~JtLING THE ~$ESSED COST OF THE EFFLUE~ IRRIGATION SYSTEM AGAINST BE~FITED PROPERTIES WITHIN THE I~CO $~ATE~ AIqD SEWF..R DISTRICT OF COLLIER COUNTY, FLORIDA. WH£R£AS, on August 2, 1983, the Board of County Commissioners as the ex-officio governing board of the Marco Water and Sewer District (the "Board") adap=ed Resolution No. ~S 83-2 which identified the Marco Water and Sewer District, Phase II, and ordered the construction of specific sewer improvements consisting of both collectlon and transmission systems. WH£R£AS, on September 20, 1983, the Hoard authorized the County Attorney to proceed with the preparation of board resolutions and other documentation necessary for the project in an amount that included the estimated cost of a spray irrigation effluent disposal distribution system to be constructed concurrent w:th the previously ordered sewer improvements. WH£REAS, on May 7, 1985, the Hoard directed staff to continue to investigate the inclusion of an effluent disposal distribution system within the scope of the sewer improvements and to enter into negotiations with Marco Island Utilities fur bulk sewage treatment and authorized the consulting engineers {Wilson, Miller, Harton & Peek Inc.) to prepare an updated cost estimate for the irrigation WH£R£AS, on March 25, 1986, the Board adopted Resolution No. $6-3 which initiated a program for the purpose of providing treated sewage effluent disposal spray irrigation distribution ! system for landscaping irrigation in the Marco Water and Sewer 2 District, Phase II. 3 WHEREAS, on April 15, 1986, the Board held a public hearing 4 and adopted Resolution No. MWS 86-7 which confirmed the ordering $ of construction of an effluent disposal spray irrigation 6 di='ributlon system at a preliminary cost of $553,179.58. 7 WHEREAS, upon acceptance of the prelimlnary assessment, all 8 property owners within the Marco Water and Sewer District, Phase 9 II, have an outstanding inactive assessment account in the amount l0 of 510.36 per lineal foot. II WHEREAS, the Marco Water and Sewer District did not reach an 12 agreement with Marco Island Utilities on the provisions of ]3 treated effluent, and the Marco Water and Sewer District ]4 proceeded with sanitary sewer improvements for collection and 15 transmission system only. ]6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 17 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO 18 GOVERNING BOARD OF THE MARCO WATER AND SEWER DISTRICT, COLLIER 19 COUNTY, FLORIDA, THAT; 20 Section One: The Board acknowledges that the effluent II disposal spray irriga%ion system for the Marco Water and Sewer 12 District, Phase II, was never constructed. 23 Secticn Two: The 5oard hereby rescinds Resolutions MWS 86-3 24 and MWS 86-7. 25 Sec:ion Three: Upon adoption of this Resolution, the 16 Department of Revenue will repeal all assessments within pro~ect 27 number 40000 - the Marco Phase II Irrigation accounts. All liens 28 against properties will be rescinded. 29 Sec=ion Four: The Clerk is hereby directed to record this 30 Resolution in the Official Records of Collier County, Florida. L h Section Five: This ~esolution shall become effective immediately upon passage. This Resolution adopted this ~day 1997, after motion, second and majority vote. of , AI'I'EST: DWIGHT E. BROCY~ CLERK BOARD OF COUNTY COIvD41SSION'ERS COLLIER COUNTY, FLORIDA AS THE EX- OFFICIO GOVEI:LN'I~G BOARD OF THEE MA~CO WATER AND SEWER DISTRICT By:, TIMOTHY L. HANC~ CHAI~NL~ Approved ~ Io form ~nd legal sufficiency: d,,._,..~ _1 .,~ ~ ~. ~__ Heidi F. Ash~on Assistant Cowry Attorney JJ~ .. ia(aX.,) F~ECUTIVE SUMMARY RECOMMENDATION TO APPROVE A LEASE AGREEMENT FOR THE IMPROVEMENT, OPERATION AND MAINTENANCE OF PUBLIC AND PRIVATE PAR~KING ON COUNTY PROPERTY UNDER THE GOODLAND BRIDGE. OBJECTIVE: To gain Board approval of' an agreement for the adjacent property owner to improve, maintain and use a segmen! of road right-or-way for a combination orpublic and private parking under the west side of the Goodland Bridge. C. ONSIDERATIJON~: With the removal of the "historic" Goodland Bridge due to its replacement with the new, existing bridge a number or years ago and the destruction of the remains due to fire, the area under the C.R. 92 Bridge at the west end has no immediate use for transportation purposes in the absence of funding for a replacement fishing pier. The adjacent property owner to the north on the west end of the bridge has requested the use of the area under the new bridge, within the County's right-of-way, for commercial parking; more particularly for boaters making use of' their private ramp. In return for the use of a portion of the parking area under the bridge to meet off-site parking requirements for the adjacent project, Barge Marina at Goodland Bridge would enter into a lease agreement with the County and pay rent for the area used. A lease has a public benefit to the County in several ways: (a) reduced maintenance costs; (b) public and private parking at no public expense; (C) improved security; (d) reduced liability. Transportation Services staff has requested that the adjacent property owner prepare a lease agreement for consideration by ~h¢ Board. The attached document (Attachment No. I) has been prepared with the following major terms: Lessee shall undertake parking area improvements for the direct benefit of the adjacent commercial project known as the Barge Marina at Goodland Bridge. The area subject to the proposed Lease is currently used by the public for parking boat trailers which use the Marina's ramp. An anached exhibit (Attachment No. 2) outlines the proposed area to be leased, along with a conceptual parking layout with parking for both boat trailers and cars. Subject to constraints by the Board of County Commissioners relative to the Marina's Site Development Plan (SDP 93-32), the Lessee will have the fight to utilize the parking area and resultant parking spaces to be created by the Lessee as pan or the site improvements toward meeting off-site parking requirements via an off-site parking petition by the Marina. 3. The term of the Lease is ten years with the right of renewal for an additional four terms of ten years each, subject to specific conditions. 4. A portion of the parking improvements shall be for the use of the general public and for boat trailer parking. The value of' improvements Io be undertaken on the lease.hold is considered minimal (no paving allowed without permitting); therefore, the annual rent is based on 10% of vacant commercial parcel value. {5. Responsibility for site operations and maintenance shall remain with the Lessce along with the requirements of providing insurance and indemnification to protect the County. The area with[n the limits of the lease-hold interest to be improved and maintained may be required by the County in performance of future bridge repairs. The Lease provides for interim use of the lease- hold area by the County with the condition that the County shall not be at risk for such use, but that the Lessee shall remain vested for any prior approved parking/use rights during such repairs or maimenance operations. 8. A standard termination condition is included in Article 2 and provides for a 60-day notice for such action. FISCAL IMPACT: The value of vacant property for the purposes of calculating annual rent is taken at $2.00 per square foot. The annual rental is computed at 10% of that value. The Lease-Hold is approxbnately 12,000 square feet. Therefore, the annual rental is estimated at $2,400.00 ($2.00 X 12,000 Sr × ~0%), to be ~ ~n the R:a:f and E~Sd:je FLrd, A'JTtin, (1~7J.-1~6~9) ~ the GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board of County Commissioners approve the attached Lease; authorize the Chairman to execute the Lease on behalf of th Board; ~d direct staff to implement the provisions of the Lease, a-~ ai3:zn:~);3~/~ ~~(s) ~ reczx:j'~e the reva-ue. REVIEWED BY: ~:~ ~"~-~7.-~-~-~' ~' DATE: /~ '~-~- ~'~' R/W Valuatio.,.n C~of:~linator :evM /iC s, ' ' · oumm~cK, Interim Transportation'~'~L,'ector ' ' Attachments: No. I - Proposed Lease Agreement No. 2 - Sketch of Area to be Leased EJK/mk/081197/g: Ed Barge Marina.doc LEASE AGREEMENT' THIS LEASE AGREEMENT is entered into this day of_ 1997, between COLLIER COUNTY, a political subdivision of the State of Florida. -' hereinafter referred to as "LESSOR", and MAUREEN MORAN, INC., a Florida Corporation, hereinafter referred to as "LESSEE", and sets forth the terms and conditions for utilization of real property located within the right of way of State Road 92. Goodland, Florida. WITNESSETH WHEREAS, the Lessor and Lessee mutually agree that it is in the best interest of both pa¢ies to have the I.essee improve the demised premises to an aesthetic and safe cond!t!on; and, WHEREAS, the Lessee and Lessor mutually agree that it is beneficial to have the dem;scd premises improved for :he use and benefit of the Lessee and members of ~,;'~e public; and. WHEREAS, the Lessor recognizes and acknowledges that there is a need and benefit to have the demised premises maintained and operated in an aesthetic and safe fashion; and, WHEREAS, the Lessor agrees that it is to the benefit of all of the citizens of Collier County for such improvements to be undertaken and the cost of the construction and maintenance thereof to be borne by the Lessee; and, WHEREAS, the Lessee agrees to abide by the conditions set forth herein for the benefit of the citizens of Collier County, Florida. NOW THEREFORE, the Lessor and Lessee agree as set forth below. AR'I ICLE 1 - DEMISED PREMISES in consideration cf the payment of rents and the performanc4: of the cover:ants hereinafter set forth, LESSOR hereby leases to LESSEE, and LESSEE hereby from LESSOR, property located within the right of way of County Road 92, Goodland, Florida, and which is more particularly depicted on the attached Exhibit "A", hereinafter referr, ed to as the "DEMISED PREMISES", for the sole purpose of allowing off-site parking for the Barge Madna at Goodland Bridge, owned by LESSEE ARTICLE ~. TERM Of LEASE To have and to hold for a term of ten (10) years, commencing on ,1997, and terminating on ,2007, LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same for four (4) additional terms of ten (10) years under the terms and conditions as provided for herein. Should LESSOR require use of the site for construction staging activities as part of bridge maintenance or repair, LESSOR shall provide LESSEE with sixty (60) days notice oi such ~equirement. LESSEE shall be required to make site available for such use on an interim basis for a period of one hundred eighty (180) days. In the event Lessor requires additional time beyond one hundred eighty (180) days to complete construction staging activities. Lessor will grant Lessee a rent abatement for each additional day Lessor continues with construction staging activities beyond the initial one hundred eighty (180) day peric,J. Dudng the period the Demised Premises are utilized by the LESSOR for construction staging activities, LESSOR shall grant an interim parking variance to LESSEE reducing LESSEE's required parking by the amount taken by LESSOR. Unless otherwise restricted by Collier County Development Services Division or the Board of County Commissioners as a condition of the granting of approval of off-site parking for LESSEE, or as a condition of the approval of the Site Development Plan of LESSEE, LESSOR may terminate this Lease at its convenience and without notice upon sixty (60) days prior written notice to the LESSEE. Said notice shall be sent to the LESSEE'S address as set forth in this Lease, and shall commence upon the placement of notice in the U.S. Mail, registered or certified, postage prepaid. ARTICLE 3 - MINIMUM RENT LESSEE hereby c.nver~ants and agrees to pay as rent for the Demised Premises the sum of Two Thousand Feur Hundred Dollars ($2,400.00) per annum, which is approximately equal to ten percent (10%) of the value of the leasehold using a value of $2.00/square foot, all of which shall be due and payable in advance on the date first set forth in Article 2. In the ~,/ent of any rer, ewals of this Lease, Lessee agrees to pay annual rent for the Demised Premises in the amount often percent (10%) of the value of the Demised Premises base(3 upon the reasonable square foot value calculated by Lessor as of the date Lessee exercises its renewal option. A. RTICLE 4 - LESSEE'$ DEFAULT IN PAYMENT In the event LESSEE fsi!s to p~,y the rentals, fees or charges as required to be paid under the provisions of this Lease, failure to pay shall constitute a default and LESSOR may, at its option, terminate this Lease after sixty (60) days written notice to LESSEE, unless the default be cured within the notice period. [P/~E ..... "z- ; , ~ 5z ARTICLE 5 - MODIFICATIONS TO DEMISED PREMISES Prior to making any changes, alterations, additions or improvements to those existing Appudenances as shown on the attached Exhibit "B", which are within the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval specifying in writing the nature and extent of the desired alteration, improvement, change or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have thirty (30) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. LESSEE hereby covenants to construct the initial planned improvement to the Demised Premises not later thar~ one (1) year from the date of execution of this Agreement and the approval of its Off-Site Parking Petition by the Board of County Commissioners, whichever date is later. If after thirty (30) days there has been no response from LESSOR or its designe3 to said proposals or plans, then such silence shall be deemed as a denial to such request of LESSEE. If upon obtaining written consent and commencing said changes. alterations, additions or improvements, LESSEE fails to complete its work within the completion time as approved by LESSOR, LESSOR may at its election complete said changes, improvements, alterations or additions. If any costs are incurred by LESSOR as the result of LESSEE'S failure to begin, start or complete the proposed project and by LESSOR'S completion of the proposed project, then upon demand and within thirty (30) days of the demand, LESSEE shall pay to LESSOR the amount of cost incurred by LESSOR. No election to perform by LESSOR shall constitute waiver of any covenant or obligation of LESSEE or any future default. All improvements to such site shall be completed in accordance with approved site plans and pursuant to Collier County Ordinance 93-64, as amended. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all present and future laws, ordinances, rules, regulations and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall be made in accordance with all applicable laws and shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR and shall remain for the benefit of LESSOR at the end of the terms or other expiration or termination of this Lease in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease, or within thirty (30) days thereafter LESSOR so directs, LESSEE shall promptly ATTACHM£~ NO.- ? i " [PAGE -> OF ? ~ ; ,5" remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may effect said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any pu .rpose other than its present use as parking to serve the uses approved for the site which the Demised Premises are off-site parking. ARTICLE 6- ACCESS TO DEM!.$1~D PR_~MISE,~ LESSOR, or its duly authorized agents, representatives and employees, shall nave the right after reasonable notice to LESSEE to enter into and upon the Demised Premises or any part thereof nt all reasonable hours for the purpos3 of maintaining ,.'.,ounty Road 92 and for the purposes of inspection for compliance with the provisions of this Lease. ARTICLE 7- ASSIGNMENT AND SUBLETTING LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same w~thout the written consent of LESSOR. Any such assignment or subletting, even with tile consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person s!~all not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 8- MA!NTI~NANC~ LESSEE shall, at its sole cost and expense, keep the Demised P~emises clean at all times. If said Demised Premises are not kept m a clean and ,;rderly manner in the opinion of LESSOR, LESSEE'S manager will be sc advised in wdting. ~f corrective action is not taken within five (5) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary .,".!eaning costs and such costs shall constitute additional rent which snail be paid by LESSEE within ten (10) days of receipt of wdtten notice of costs incurred by LESSOR. ARTICLE g - INSURANCE LESSEE shall provide and maintain general liability and property liability insurance policy(les), approved by the Collier County Risk Management Department, for not less than Five Hundred Thousand Dollars ($500,000.00) combined single limits during the term of this Lease. In addition, LESSEE shall maintain Worker's / PAGE ~ -OF Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars ($100,000.00) each accident. Such insurance policy(les) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Building F, Naples, FL 33962, for approval pdor to the commencement of this Lease Agreement, and shall include a provision requiring thirty (30) days prior written notice to Collier County, c/o Risk Management Department, in the event of cancellation or changes in policy(les) coverage. ARTICLE 10 -INDEMNITY t. ESS26. in consideration of Ten Dollars ($10.00), the receipt and sufficionc? ,';f which is hereby a-..kr,owledged, shall indemnif-/, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenscs (includin2 but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons cr damage to property (including loss of use thereof) related to (A) LESSEE's use of the Demised Premises. (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agent or contractors) by or no behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this lease, or (D) any act omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting thereflom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. Tt,e LESSOR shall not be liable for any injury or damage to person or property ca,ar, ed by the elements or by other persons in the Demised Premises, or from the street or sub-surface, or from a~ ~y other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct, of LESSOR or its employees. The LESSEE hereby acknowledges that the minimum rent called for in ARTICLE 3 of this Lease has been reduced by Ten and Noll00 Dollars ($10.00) and is hereby considered by LESSOR as payment of the obligation by LESSEE. ARTICLE 11 - UTILITIES LESSEE shall be responsible for the direct payment to the appropriate company for all utilities and services supplied to the Demised Premises. ARTICLE 12 - DEFAULTS BY LE~ Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and except as provided for in Article 4 above, LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE ur. less the default be cured within the notice period (or such additional time as is reasonably required to correct such default). _~TICt, E 13 - DEFAULT BY ~.ESSOI~ LESSOR shall in no event be charged wlth default in the performance of any of its obligations hereur, der unless and until LESSOR shall have faile.'J to perform such obi;gations within thirty (30) days (or such additional time as is reasonably required to corre~ such default) after notice to LESSOR by LESSEE properly speci~,ing wherein LESSOR has failed to perform any such obligations. ARTICLE 14 - NOTICES Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing ~o the other party at the following addresses: [,ESSOR: [_ESSEE: Board of Coenty Commissioners cJo Real Properly M~nagement Dept. 3301 East Tamiami Trail /'Jap!es, F!orida 33962 Maureen Moran, Inc.. d/b/a The Barge at Good!and Bridge 3200 State Road 92 Goodland, Florida 33933 ART. LCLE 15 - SURRENDER OF PREMISES LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises and any improvements to the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, in as good c~ndition and repair as the same shall be at th~ commencement of the term of thi.~ Lease or may have been pr.r[ by LESSOR or LESSEE dudng the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. 6 ATTACHMENT NO. PAGE ~ OF ARTICI,,E 16- GENERAL PROVISIONS LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County. and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successors and assigns to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 17 - ENVIRONMENTAl., CONCERNS LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR from and against all costs (including attorneys' fees) asserted against, imposed on or :ncurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. RADON GAS In compiiance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. I/ ' '/ CHI ENT NO. / ARTICLE 19 - EFFECTIVE DATE This Lease Agreement shall become effective upon the first date set forth in Article 2. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT G. BROCK, Clerk By: Timothy L. Hancock, Chah'man AS TO~.LESSEE: Tho~a~ l_'yc~on,-Preside~ / (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF COLLIER The/~fore~oi,nzq~,strument was acknowledged before me this ..,?_~ day of ,,/~,,~ ?.,r,,~/7/',r, 1997, by Thomas I.ydon as President of Ma~reen Moran, Inc P~r~on~lly KnoWn ' OR _ _ P!.o. duced Identification, Type of Identification Produced Signature of Nota[~"ubl~ Print, Type, or Stamp ! ~,"n~ioned Name of Notary Public Approved as to form & legal sufficienC, y County Attorney TTkCHMENT NO. AGE__ ~ Approved as to form and legal sufficiency: David Weig¢l, ¢ounb Y Office of the County Attorney c.:~.MyFllec\~.:~e - Ccliier Count~, Off-$i~e ~a,~i~ L~.~se Final D=a~.wpd A~TACHMENT NO._ / PAGE "~ __ OF/Q EXHIBIT "A" D~MISED PREMISES BEGINNING AT THE CENTERLINE OF CONSTRUCTION STATION 269+25, ACCORDINC TO TEE FLORIDA STATE kOAD DEPARTMENT RIGHT-OF-?:AY M~P (SECTiO:: 03060-2505, SHEET 2 eF 3) FOR STATE ROAD NO. ~2; 5'HENCE LEAVING SAID CENTERLINE, N00'00'00"E, 30.32 FEET} THENCE PARALLEL WITH AND ~0 FEET NORTH OF SAID CENTERLINE, NSl'42'23"E, !26.00 FEET; T~ENCE N00'00'00"E, 45 FEET MORE OR LESS TO THE WATERS OF GCODLAND BAY; THENCE MEANDERING ALONG THE WATERS OF GOODLAND BAY, SOUTHEASTERLY, 140 FEET MORE OR LESS; THENCE PARALLEL WITH AND 20 FEET SOUTH OF THE AFORESAID CENTERLINE OF CONSTRUCTION, S81'42'23"W, 240 FEET MORE OR LESS; THENCE N00'00'00'E, 20.21 F~ET TO THE POINT OF BEGINNING. a~am~SN~ NO. / PAGE /~ .... OF ..... /~ i ,001 rea ~ l~e. 7' 0 0 ! I NI NO. ,OF / EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO GULF STATES INC., FOR A REDUNDANT TELEMETRY SYSTEM, BID NO. 97-2734 , PROJECT NO. 70124 OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water Sewer District, award a contract to provide a telemetric monitoring system for remote water distribution facilities, with a new base station at the North County Regional Water Treatment Plant, to match existing capabilities at the South County Regional Water Treatment Plant. CONSIDERATIONS: On September 24, 1997 sealed bids were opened for this project. Invitations to bid were sent to 152 contractors, 36 no bid responses were received, 8 contractors purchased plans. One Bid, from Gulf States Inc., for $ 297,570, was received. The design professional's estimated cost was 5300,000. The bid amount included Alternative No. 1 which was for an antenna on the roofofthe North County Regional Water Treatment Plant. The design professional has determined that the value of this item is greater than the deduct savings of 5;15,470 for this Alternative, and recommends not accepting this deduction. They also recommend that this contract be awarded to Gulf States Inc. (copy of letter attached). Staff checked references and experience statements and determined that Gulf States, Inc. is the lowest responsive and responsible bidder. %9' FISCAL IMPACT: Funds are currently budgeted for this project in: Fund: 412 (County Water Capital Projects) Cost Center: 273511 (Combined Water Capital Projects) Project No.: 70124, (Water Distribution Telemetry) GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissions, as ex-officio the Governing Board of the Collier County Water Sewer District award a Construction Contract and authorize the Chairman to execute an agreement with Gulf States Inc., in the amount of 5;297,570. Alicia Abbott, OCPM Project Manager I DATE:~ REVIEWED Adolfo A. Oonza%z, P.f'6C D~h~ DATE: -/ Executive Summary Redundant Telemetry Page 2 ()f', f, Stephen Y. Camell, Purchasing Director cc: Mi~ha~l N~an~n, r~ir~ctor, Water Depm~t DATE:~__~ Preserving and #nhan¢ing Florida"s quality of lile since HOLE, MONTES & ASSOCIATES, INC. ENGINEERS.. PL~, NE~,,S SURVEYORS Octoocr/, 1997 Ms. Alicia Abbott Collier County OCPM 3301 Tamiami Tr, E., Bldg d Naples Fl 34112 Redundant Telemetry HMA File No. 95.44 RECEIVED OCT 0 8 1997 OH:IL;I: UI- [A~-~ ~u. PROJECTS MANAGEMEhrr Dear Alicia: I have reviewed the bid proposal submit-ted by Gulf States, Inc. We have also contacted three references for Gulf States, Inc. (two provided by Gulf States and one for additional information). We recommend that Collier County award the contract to Gulf States with the following noted. 1. Require the antenna poles to be provided by one of the manufacturers listed in the bid documents, or provide information relative to the poles manufactured by Newmark for evaluation as meeting conditions specified "as equal". In the event that Newmark is not approved, then supply poles per an approved manufacturer. I will contact Gulf States, Inc. regarding the above issue and send you a follow up letter. With regard to Alternative No. 1, we recommend not accepting this deduction of 5;15,470.00 because our estimation of the valve of this item to be greater than the deduct savings if accepting this alternative. Feel free to call if you have any further questions. Very truly )'ours, Ronald E. Benson, Jr., Ph.D., P.E. Vice President, Director of Environmental Engineering REB/nsl cc: Don Williams, P.E. W:U99 S\95044',.R~ B~A97 ! 00?.DOC FLORIDA ~1.292-4617 FAX ga APPROVE FINAL FUNDING FOR CONSTRUCTION OF A RESIDENTIAL NOISE ABATEMENT WALL SYSTEM AS PART OF VANDERBILT BEACH ROAD CHANGE ORDER NO. 8 WITH APAC-FLORIDA, INC., CIE PROJECT NO. 023. OBJECTIVE: To obtain Board approval ora cost increase for construction ora previously authorized noise abatement wall system along the Villages &Monterey and Emerald Lakes subdivisions. CONSIDERATION: Several acoustical engineering studies and reports have confirmed the need for a noise abatement wall system along two residential communities that border the newly constructed Vanderbilt Beach Road proiect between Goodlette-Frank Road and Airport-Pulling Road. The Board recently authorized staff to implement a least cost wall option with/n a Florida Power and Light Company utility easement. On July 29, 1997 [under Agenda Item No. 16 (B) 7], the Board approved construction change order number eight (8) with Apac-Flodda, Inc. to include a maximum expenditure of $137,500.00 for the residential noise abatement wall system. This prior staff recommendation and Board funding approval was conditioned upon obtaining a permissive use approval by Florida Power and Light Company for wall construction within a utility easement. During a two month period, staff presented Florida Power and Light Company with four wall configuration options for approval. Each wall option included varying merits to offset the utility company's operational and maintenance concerns. A meeting was also held with Florida Power and Light Company management in Sarasota, Florida. A final decision has been rendered by Florida Power and Light Company to disallow wall construction within its' utility easement because such a proposal would: (1) reduce available space for powerline equipment usage; (2) impact future expansion potential for transmission and distribution powerline facilities; (3) restrict access for emergency repairs and operations; (4) create a need to expand upon the current utility easement; and (5) result in future violations of aerial clearances to powerlines. In general, the cost and height of noise abatement wall systems increase as a function of increasing wail distances away bom roadway travel lanes. An overview of wall loch:ion and cost options considered by staff is,provided below. Wall Option No~ Pigance from Roadway Negotiated or Estimated COst. Within FPL Easement ? 1 21 feet $120,925.02 2 21 to 37 feet $136,207.47 3 21 feet and 41 feet $146,061.22 3A 37 feet $160,000.00 4 45 feet $I 84,000.00 5 71 feet $422,400.00 Yes Yes Yes Yes No ~ . ;.;.: ,c. 6: ',~-'. Executive Summary Noise Abatement Wall System - Vanderbilt Beach Road Page 2 The wall height for the above options varies between an average of 8.6 feet and 18.2 feet above the roadway travel lane. In consideration of the prior Board approval to proceed with wall construction, coupled with the subsequent disapproval by Florida Power and Light Company for easement use, staff recommends that oI~tion no. 4 be adopted and authorized for additional funding in the amount of :$46,500.00 above the original budget appropriation of 5;137,500.00. The height of wall option no. 4 shall be 10 feet above the roadway travel lane elevation. Wall option no. 4 shall be designed by the project consultant, Wilson, Miller, Barton and Peek, Inc., under an existing design services agreement. It is also noted that wail option no. 4, as depicted by the attached drawing, has been reviewed and accepted by the Villages of Monterey and Emerald Lakes for implementation. The attached October 16, 1997 letter by J. L. Scott (President of the Monterey Master Homeowners Association) represents a formal adoption/approval of wall option no. 4 by the Villages of Monterey community. This letter also acknowledges an existing utility and wall easement. Similarly, the attached correspondence dated October 15, 1997 and October 16, 1997 by R. G. Tasca, Jr. and Kent Kolegue, respectively, confirms approval of wall option no. 4 by the Emerald Lakes community. It is noted that the communities have granted or will grant necessary land rights approvals on the condition that Collier County maintain the wall system. Staff concurs with this reasonable request. FISCAL I~IPACT: Funds are required in the amount of $46,500.00 from reserves for capital outlay. Fund No. 331 (Road Impact Fee District 1) Cost Center No. 163650 (Road Impact Construction) Project No. 67021 (VanderbLlt Beach Road Four Laning Improvements) The Board is requested to approve the necessary budget amendment. GROWTH MANAGEMENT I'MPACT: This Capital Improvement Element No. 023 is consistent with the Transportation Sub-Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (I) Approve wall option no. 4 for construction on the condition that appropriate land rights be donated to Co~er County by the Communities at zero purchase cost. (2) Authorize additional funds in the amount of $46,500.00; (3) Authorize staff to process the necessary easement documents and record same in the public records of Colller County; and, (4) Approve the necessary budget amendment. Executive Summary Noise Abatement Wall Sysiem - V~.e. rbilt Beach Road Pase 3 PREPARED BY: ~ ~at~r ~,-R~iw~i., P~, ~j~~l ~c~ of Capi~oj~ REVIEWED B~ Public Works DMsion p a f,:t. xsuttm oisr,'an d~N'd, d o~ Date: Dale:~ 16 October 1997 Village of Monterey Master Homeowner's Association Mission DHve Naples, FL 34109 Vladimlr Ryziw Collier County Office of'Capital Projects Managrnent 3301 East Tamiaml Trail Naples, Florida 33962 Re: Vandcrbuilt Beach Road Wall System Dear Ladd, The Monterey Master Association Board reviewed the Option 4 proposal for the wall at a Boa:d Meeting October 2 1997. Thc Board unanimously approved this plan for the wall. The Board approved thc right of access onto Monterey's property for this projccz. The Monterey Unit ~ Plat Plan identifies this common area as tract F and shows a existing wall easement for this tract. Thank you for your work on this project. Plca~e feel free to contact mc if you ha~-e any questions or comments about this letter. Sincerely. lMonterey Master Homeoxx~¢rs Assocfation cnclosurc NOR'IT-t QUARTER CORNER SECTION 2 C' !t £ ×~' o.e. TT.s.o.e ..... / ! / / / I ..-./ VILLAGES AT EMERALD LAKES FOUR. INC. c/o 1724A Santa Barbara Blvd. Naples. FL .34 ! 16 Telephone (941 ) 353-5131 Fax: (041 ) 353-236c) MEMORANDUM DATE: October 15, 1997 TO: Vladimir A. Ryziw, P.E., P.M.P., Project Manager Fax: 774-9370 FROM: Richard G. Tasca, Jr., President RE: Approval of wall Option #4 TOTAL PAGES: ~ At a regular meeting on October 13, 1997, the Board of Directors voted to grant the following approvals to the wall proposed by Collier County as Option ~4. 1. Provisional approval to granting of land rights to Collier County at no cost. 2. Provisional approval to Collier County's proposal to build a ten foot woodcrete wall at the north border of our property according to the plan designated as Option #4. 3. Provisional approval to a dedication of easement to the site in question to Collier County. 4. Provisional approval for a lawful right of entry onto Association property for the purpose of constructing the wall. Approval is considered to be provisional subject to the following two contingencies: 1. That all legal documents pertaining to these land rights are reviewed and approved by Association's legal counsel; 2. That Collier furnish a written protocol establishing their intent to maintain the proposed structure. I have also enclosed a copy of the prerequisite Notice issued by the Emerald Lake's Residents' Association Architectural REview Board. This approval is an internal necessity. Please note that this approval encompasses both Villages Four and Five, as well as some of the future improvements which you had indicated may or may not be necessary and/or advisable. I expect that Village Five approval will arrive at your office by tomorrow. Once again, our sincere and hearfelt appreciation to you, Mr. Ryziw, for your persistence on our behalf. cc: Maxine Newman, Vice President Kent Kolegue, Property Manager EMERALD LAKES RE$1DENT'S ASSOCIATION ARCHITECTURAL REVIEW BOARD N .OTICE OF ACTION DATE: October 14. 1997 TO: Mr. Richard G. Tosco, Jr,, President Villages of Emerald Lakes Four Condominium Association. inc, FROM: Architectural Review Boara (ARB) Subject: Reques! from Villages of Emerald Lakes Four Condominium Association. and Villages of Emeratd Lakes Five Condomimum Association, Inc. to have a ten foot high 'woodcrete' wall installed at lhe nodh boundary alon~l Vanderbuilt Beach Road to ecl as a noise light and dust barrier. All wo~ is to be performed by C~llier County DISCUSSION: Schematic plans, letters from Robed H. Tanner, P.E.,, Vladimir A, Ryzn~v P.E, and Richard G. Tosco. Jr., President of Villages of Emerald Lakes Four Condominium Association. Inc. were reviewed by Kenneth P Engler of lhe ARB The sile was also inspected by Kenneth P. Engler, I1 is concluded that: 1, The information provided is satisfaclory to render a decision 2 The proposed wall will be a greal asset to the adjoining owners as well as the entire community 3. The proposed wall does not appear to present any adverse conditions to Ihe neighboring properties, 4 A building permit must be secured 5 In a discussion with Mr Tosco. lrte properly will be restored, the exisling heOges on ~he south side of the wall will be allowed 1o grow in neighl to shield Ihe wall. maintenance of lhe wall ts the responsibility of lhe County. additional landscaping will be provided Dy the COunty for planImg, if the noise ts still deemed excessive, the County will install laminated olass ~n the effected condomimum units, and there are addihonal remedies available DECISION: Based upon t~qe a=ove Ihe ARB recommends approval and certifies the requested improvement. NOTE: In accordance with lhe Master Declaration of covenants, Condilions and Restrictions (Art VI, Para G) lhe ARB shall not be responsi~31e for reviewing nor shall its recommendation of any plan or (~es~gn be deemed approval of or warranty as to, any plan or design fnr structural safety or conformance wit~ any local..~late federal or any aoencies having iuri.'~,diction Kenneth P, Engler, Chair CC Joan Scanali, ELRA President Clara Datlolo, VEL 5 President Kent Kolegue, Properly Manager Glenn Carroll, Property Manager RO P ERTY MANAGEMENT 1724A Sa/rte Barbara Boulorard . Condominium Msnagement Naples, FL 34116 Homeowner Managen~en! 941-353-5131 Accounting Services 941-353-2369 FAX 10/16/97 To: Vladimir A. Ryziw, P.E., P.M.P., Project Manago' FAX: 774-9370 At a regular mc~ing on October 14, 1997 thc Board of Directors of Villages at Emerald Lakes Five voted to grant the follow~ng ai:~ovals to the wall proposed by Collier County as Option #4. 1. Provisional approval to granting of land righB to Collier County at no cost 2 Provisional approval lo Collier County's proposal to build a ten foot ,,,,'oodc~c v,ali at the north border of our propc~ according Io tl~ plan desigj~ated as Option #4. 3. Provisional approval to a dedication o£ easement to the si~: in question to Collier County. 4. Pwvisional approval for a lawful right of entry onto A~sociation prolx'rty for the ~ of constructing the wall. Approval is considm'ed to be provisional subject Io the following two contingencies: I. That all legal documents per~ning to these land rights ar~ reviewnd and aplxoved by Association's legal counsel; 2. That Collier furnish a wr/tten protocol establishing their intent to ma/ntain the proposed s'tmct~e. I have also cnclos~ a copy of' thc preroquisite N~ic~ issued by the Emo'ald Lake's Resident' Association A~chitectmal Review Board. This approval is an internal nec~si~y. Please note that thts aPIxUVal ~ncompass~ both Villag:s Four and Fiw, as w~ll as some of the future improvements which you had inch'cated may or may not be nece,sary and/or adv/sable. For the Board of Directors Yours truly, EXECUTIVE SUMMARY AWARD OF ANNUAL BID 97-:2735: ROADWAY PAINT, THERMOPLASTIC MARKINGS AND RAISED PAVEMENT MARKERS. ~ Obtain ColLier County Commissioners approval for the award of Annual Bid 97-2735: Roadway Paiat, Thermoplastic Markings sad Raised Pavement Markers. CONSIDERATIONS: On September 5, 1997, formal bid invitations were posted in thc lobby of the General Services Building and dislributed to 25 fu'rns that provide these services. On October 1, 1997, bids were received and opened from four (4) firms. The bid results are tabulated on the sheets attached, Staffhas reviewed the bids received and is recommendL~g that the bid be awarded to the lowest responsive bidder as follows: Section I. Paint: Florida S~ping, Inc. as Primary Contractor and Trutwin Industries, Inc. as Secondary Contractor. Section II & l'fl. Thermoplastic and Removal of Paint and Thermoplastic: Duralast Enterprises, Inc. as Primary Contractor and Tmtwin Induslries, Inc. as Secondary Contractor. Section IV Raised Pavement Markers: All Mark Pavement Marking Systems, Inc. as Primary Conmactor and Trutwin Industries, Inc. as Secondary Contractor. FISCAL IMPACT: Funds have been budgeted for in Road and Bridge Fund (101) Traffic Op~ations Cost Center (163630) in the amount of SI 65,600 and in Road Construction-Gas Tax Fund (313) Cost Center (163673). Project Number (60173) in the amount of $525,000 of which $50,000 has been designated for the striping of arterial road resurfacing projects in FY 97-98. ~;ROWTH MANAGEMENT IMPACT: N/A RECOMMENDATIONS: Recommend that the Board of Collier County Commissioners award Bid 97-2735: Roadway Paint, Thermoplastic Markings and Raised Pavement Markers as stated in this Executive Summary and the attached tabulation sheets. Ii _ . N~..~~INEERING JECHNICIAN RL~IEWED BY~4./~"~'~-----~ DATE:I0 ~-~.-P-J~ IBREED-EI~, 'I'RAgFIC OPERATIONS SUPERVISOR DAVID F~ BOBj~N4C,K, INTjE~IM TRANSPORTATION DIRECTOR ED II~C~PUBLIC WOP..KffADMINIS'I'R.ATOR / :1 I I EXECUTIVE SUMMARY APPROVE ADDITIONAL ENGINEERING AND RELATED SURVEYING WORK NECESSARY TO CONTINUE THE ENVIRONMENTAL PEPdMITTING OF TIlE LELY AREA STORMWATER IMPROVEMENT PROJECT (Project No. 31101) OBJECTIVE: Obtain Board approval of Addendum No. 3 to thc original Agreement with Law Engineering and Environmental Sen'ices, Inc. (a.k.a. Law Environmental, Inc.) for additional engineering, computer modeling, and environmental impact evaluations. Also approve Work Order No. WM-98-01 with Wilson, Miller, Barton and Peek, Inc. using the Annual Fixed Term Land Surveying and Photogrammetdc Services Contract to obtain needed surveying information related to the modifications to the computer modeling to be completed by Law Engineering and Environmental Services, Inc. CONSIDERATIONS: In meetings held with the U.S. Army Corps of Engineers and the South Florida Water Management District there have been substantial changes in the position of the agency representatives on the desirability of the County's proposed plan for spreader waterways at the dov.'nstream end of the Lely and Lely Manor canals. In completing the required alternatives analysis to show that the plans submitted for permit approval are the best developed to date, the County was requested to evaluate a new flow routing concept utilizing v,,etland flowways and fewer hard construction items (e.g. weirs, excavated channels, etc.). The proposed concept ,,,,'as never previously evaluated due to the reluctance of the land ov,'ners to provide easements in non-wetland areas and reduce their planned development activities in certain areas. The land owners have been involved in the preliminary meetings with the U.S. Army Corps of Engineers and South Florida Water Management District and have agreed in principle to this new flowway concept if it proves to be physically possible to construct and still provide the desired level of flood protection for the region. The additional work with Law Engineering and Environmental Services, Inc. and Wilson, Miller, Barton and Peek, Inc. will entail topographical surveying, cross-section surveying, wetlands delineation work, purchase/development of' a flood fouling computer model, and preparation of the Environmental Resource Permit application/drawings. Without this additional evaluation work, the permit review and approval process cannot proceed toward a favorable resolution. FISCAI, IMPACT: .Law Engineering and Environmental Services. Inc. Original Contract Amount Previous Contract Amendments This Contract Amendment Proposed Contract Amount $144,919.00 $102,866.07 $ 95,975.0Q $343,760.07 Executive Summary Additional Engineering and Related Surveying Work for Ihe Lely Area Slormwatcr Improvcrncnt Project Page No.: 2 ~rilson, Miller, Barton and Peek, Inc. The proposed Work Order No. WM-98-01 with Wilson, Miller, Barton and Peck, Inc. is in the amount of $37,240.00 Funds are available for both contracts in: Fund Cost Center Project No. 325 - 1981 Water Management CIP 172977- Lely Outfall Canal 31101 - Lely Canal with Spreader and Structures Total Fiscal Impact of this Executive Summary is $133,215.00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners 1. approve Addendum No. 3 to the Agreement with Law Engineering and Environmental Services, Inc. in the amount of S95,975.00, 2. approve the corresponding increase to Purchase Order 100081, and 3. approve Work Order No. WM-98-01 with Wilson, Miller, Barton and Peek, Inc. in the amount ofS37,240.00 SUBMITTED BY: Robert C. Wiley, P.E. / OCPM Project Manager III REVIEWED BY: Jq~ H. B~ldt, P.E., P.S.M. ~tormwater ~Managetnent Director 'Ad~l~o A. Gonzale ~zfP~'F_.,..~ APPROVED B~ Ed Ilschner Public Works Division Administrator Date: Date: _THIKI:) ADI)EN'D, UM TO A gt"tE£~l£1",,rI' ¥O~, Tills THIRD ADDENDUM'TO AGREEMENT FOK ENGINEERING/ Y~.MPROVEME~NT PROJECT, (Agr~emcnu ma~; ~u, of October, ~997 by and b~-we, t~ Law Engh~"ring ~d Environmental S~rvi¢¢a, Inc., a Georgia corporation authorizM to do business in Florida, hereinafler called thc "CONTRACTOR", and Collier County, a political subdivision of the State of'Florida, Collier County, Naples, hereinafter callod the "COUNTY": WITNESSETH; WttER.EAS, the COUNTY a~d Law Environmental, Inc., a G~orgia corporation, have previously ent~ed into a certain A~ecment for Engineering/Environment~l Services for District No. 6 (Lely) (Agreern~lt) dated September 28, 1990 which included the development and submiltal of certain permit applications; and WHEP~AS, the COUNTY and Law Envlronm~lal, Inc., entered inlo an Addendum to the above-referenced Agreement dated Juno 30, 1992 to provide for additional work required for lhe detailed wetland detemfination and to r~solve previously un£orseen issues subsequently rai~ed by the 'Florida D~artmea! of Envkonm~tal Regulaion and South Florida Water Management District; ~d W'HEREAS,/he COUNTY and Law Environmental, Inc., entered into a second Addendum to the above rcf~'.~aed Agreement dated lal'luat"y 12, 1993 to r~vise the Engineering and Environmental Studie,s Report and permit applications submitted to FDER. and SFWMD, including changes in the codes used to identify a number of the channel(s) and structures within the l~ly Canal and Lely Manor Basin, updaling I1~ County Drainage Atlas and modification of~e DLstrict No. 6 surface waler management system to include the Lely lakes dev¢lopm~t; and WHERE.aS, tho CONTRACTOR i~ ~e su~essor entity to Law Envkonm~ntal, Inc. and Cotm~.Y ~nsents to the assignment ofthe Agrceraent as raod~flcd to CONTRACTOR pursumt to S~cdon ~¢ of~¢ Agre~'n~t; and WHE~AS, th~ ar~ now rextui~'ed additional consulting r.~rvlc~s to modify th~ type and location of the proposed stormwat~' managcm~t facilities, p~t'orm new computer modeling and w~.-iland identification, pr~are the new Environmental Resour~,¢ Permit applicaliona and meet with Army Corps of Engineers and Sout. h 'Florida Water Management District regulatory staff; and "'O:~ O N 1997 i ,~ .... .3__ 10-24-97 II:ISAM ~001 ~43 %~-IEREAS, thc coUNTY and the CONTRACTOR. az: in agrcm'nent to supplement said Agrccm~t to provide for thc a~ditiorml work required of COUNTY and cONTRACTOR to fulfdl ~e permit epplicatlon preparation requirements of the Army Cot'ps of En~necrs amd the South I:lofida Water Ma. hagcment District and es othemvtse enumerated hereabove. NOW, THEKEFOKE, in considcrmlon of' the covenants snd sgreements provided within the Agreement d~t~.d ScptcrnbcT :15, 1990, th~ Addendum tn Agreement dated June 30, 1992, the Addendum to Agreement d~ted .T~num'y 12, 1993, and tho~c further ~tated herein, said Agreement for Engineering/Environmental Services for Dis'~dct No. (5 (Lely) is hereby amended and supplemented ~s follows: and continue the Work referencec~ nere~n w~nm =,, ,,', Motice to ?roce~ i~ thc form o~ the work detailed herein and Army Corp[ of Engineers and South l:lorlda Water Management District responses a.s re,quircd ~d descn'bed in the October 9, 1997 letter of CONTRACTOR to cOUNTY, attached as Exhibit "D" and incorporated herein as a pm of this Third Addendum. 2. OP~Q.~,~.~...~. The CONTRACTOR shall perform the engineering and environmental analyses ~s described in Exhibit "D" consls~ing of sixteen (16) page~. s. _ Agreement is ~upplemcntea hereby to provld~ for exceed b,'TNETY-T:IVB 'rt-IOUSA.ND NI*I',TE HUNDKED SEVENTY-FIVE AlqD lqO/100 DOLLARS ($9~,975,00) to bc p~id to CONTRACTOR for providing the sdditional services referenced hcrc~bove and specifically described ~nd enumerated in Exhibit "D". Except ~ exFessly provMed herein, s~dd Agreement for T~-nginccrin~/ Environmental Services for District No. (~ (Lely) dated September 25, 1990, ~ modified by thc Addendum to ~ald Agreement dated June ~0, 1992. and the second Addendum to ssid Agreement dated ~anum'Y 12, 1993 stroll rcrn~in in full force and eft'oct ~cording to the terms and conditiorm contained therein; ~ said tcrm.~ ~nd conditions ~re spplicable hereto except as expressly provided othcrwis~ herein. 10-24-97 II:ISAM PO02 ~43 8i9 P~3 OCT 24 *9? 11:10 IN wrrl~ss W~.REOF, the CONTRACTOR ~md ~he the r~p¢~tlwly, by mn ~uthoHzed person ar ~gent, hereunder ~ thair he, nd~ md ~e~l~ o,~ DATED: D~GI'IT B', BP. OCI~ Cie. dc '~ Dcpu~ Clerk BOAKI) 0I~ C0UTY COMMIsslOhrERs Collier CS~tY, I:lorkh Approved ~ to Form L~al SuffiCiency: DATE: A~sist~nt County Attom".~ LAW ~9~OI}~EILU~O ~ ~ ENVIP..ONMENTAL SI~P. VICES, INC, ATTEST: (Corpomtc S~crctary) Typ'~i%m¢ ~ Titl,e '9~ 11:g6 FR LA~ CO~IES-~ ~ ~21 ~F:51 ~0 9181328954?4 OGT 24 I,AW ENGIN[[RING AMO ENYIRONMENTAL $~,{',VlOE$~ INC. October 3_4, 1~97 Mr. Rich=d H~l~g~l Collier County Of Uc¢ of Capitol Proje~ Management Collicr County, Florida Via Telefax: 941-7'74-9~70 Kichard E. Mayer, Principal Civil Engine~ De~r Mr. Hcllrcgcl: Please be advised th:rt RichL,'d Mayer, Prlncipal [!n$~nccr of our Tampa office, is author;ze~ Lq a PHncip~l to bind Law Eaghaeering and Envkottmentsl Strvice~, Inc. to coniracts and agrecmeuts with Collier County. I'l~ase conlact mc with shy questions or comment~ that you may have on this matter. Cli~n~~n, Co~pora~e Cour~el csc4¢ R-g5% 770 ¢2t 365l 10-24-g'~ I I :08AM 1~002 A LAW October 9, 1997 I Mr. Robert C. Wiley, P.E. Project Manager II Collier County Managers Office Office of Capital Project Management 3301 E. Tamiami Trail Naples, Florida 33962 SubJect: Revised Scope of Servlces for Preparing an Envlroument.~l Resource Permit Application for the Lely and Lely lS,~anor Basins LAW Proposal TE97-1027 Dem' ~'. Wiley: Law Engineering and Environmental Sen'ices, Inc. (LAW), is pleased to present this proposal to as=ist Collier County with obtaining an Enviromnental Resource Permit for construction of the planned improvements to the bely Canal and Lely Manet Basin primary storm-water management s.vslem from the U.S. Army Corps of Eng[n.'ers (COE) and South Florida Water Management District (SFWMD). This proposal presents the background, scope of sen, ices, estimaled fees, schedule, atrghorization, and contractual arrangement for proceeding with the proje:t. Background Collier County is seeking an Environmental Resource Permit (ERP) to upgrade the primary storm- water management system in Lely Canal and Lely Manor Basins. In 1993, the SFWMD issued a permit to allow Collier County to construct and operate ',.he proposed system. However, before the plan could be implemented, a permit to construct Wor~ in Wate.'~ of the State (Dredge and Fill Permit) v,.~ required from Florida Department of Environmental Protection (FDEP) and the COE. Even after considerable negotiations with a number of different reviewers at FDEP, it became evident to Collier County that no permit was forth coming in the neat future. Collier County withdrew the FDEP application and is currently pursuing an ERP. The County has requested that LAW assist with the permitting effort. I I , ,..'-', j ,19,9 W LAU'EL S?;:IEET "' TAUP& FI. :~3607 1812} 289.07S0 · FAX 11131 216.S.t74 Exhibit D Lei)' and Lely Manor Basins L4W ?roposal T£97-I027 October 9. 1997 Revised Scope of Se~'iccs In multiple meetings held to date with both the SFWMD and the COE, the parties have agreed on the getseral concept ora three-phase view of the total project as follows: I. Downstream Phase - all areas downstream of U.S. 41 2. Center Phase - ail areas upstream of U.S. 41, excluding the area between Rattlesnake-Hammock Road and Davis Boulevard lying east of County Barn Road 3. Upstream Phase - the areas between Rattlesnake-Hammock Road and Davis Boulevard that are east of County Barn Road Areas of concern involve the Downstream and Upstream Phases with all parties agreeing that the Center Phase is already developed and there is no room for relocating canals or proposing to preserve wetlands. On J'uly 22, 1997, a joint meeting was held with the SFWMD, COE, Collier Development Corporation, and the County to resolve a "plan of action" for the Downstre:im Phase. After lengthy discussions, the consensus was to attempt the following modifications to maximize the flexibility of storm-water discharges for environmental purposes. Downstream Phase Lely Main Canal (through Villages ofSabal Bay'~ · Construct one gated weir structure approximately 6,400 feet downstream of U.S. 41 with a crest of 3.0 feet NGVD. Develop a flowway roughly 700 feet wide to the southwest utilizing existing higher quality wetlands and constructing a marsh-type flowway where it is necessary to lower existing ground elevations. · Develop a flowway roughly 250 feet wide utilizing existing wetlands along the southeastern side of the canal. Berm the eastern and we~ern banks of the existing Lely Main Canal south of the proposed weir to restrict the flow of surface water from entering the old channel. Size the old channel south of the weir to handle emergency flows during peak storm events and for lowering water elevations in the upstream channel in anticipation of major tropical rainfall events. 2 Lei)' .~nd Lei)' Manor Ba$i~ /-4 I1' PreposM T£9 ?- 102 7 O::ob¢r 9. 19~7 Construct an' eastern connection from the Lely Main Canal to the large circular marsh whkh lies to the east, This connection could be either a lake, culvert, or comb[nation, depending on the land plan developed by Collier Development Corporation. The proposed location of the eastern connection is approximately 200 feet upstream of the proposed weir and would include a gated entrance to regulate the amount of storm water discharged to the east. Lely Manor Canal System (through Lely Lakesl · Maintain the proposed pump station to llft storm water into the slough. · Convert the eastern most emergency bypass channel and spreader into a lake which will simply discharge over its southern bank. Develop a lake or culverted connection between the southwestern side of the large circular marsh and high quality wetlands to the south. Maintain a proposed gated weir at the southern side of the circular marsh with a crest of 3.0 feet NGVD. * Do not improve the existing ouffall canal south of the circular marsh.. . · Construct a spreader lake near the southern end of the existing outfall canal to allow the flows to go to the southwest around a small upland parcel. Construct a lake connection system between the southeastern side of the circular marsh and the slough (well coordinated with Lely Development Corporation as to the location and shape). · , Investigate the desirability of adding a new culvert beneath U.S. 41 to replace LB-01-P0035 and improve the existing channel flowing to the west. Center Phase Utilize the existing design with verification that flow capacity from changes in the upstream phase can safely be provided. Address the interconnection with Hal&man Creek and Right-of V, ray issues. Upstream Phase · Establish a flowway preserve area for the wetlands between Whittaker Road and Davis Boulevard, and use this for total project wetland impact mitigation. · Change the proposed canal extending from the northeast comer of the Royal Woods development to extend only a short distance north of Crews Road. Lely and Lei.; .~ tanor Bmiea L~ ;;' Proposal T£97.1027 October 9. 1997 Scope of Serviec; Construct a new canal to extend eastward along the Section 9/16 line with an eastern terminus at the north end of the Wing Park South airport runway. Construct a gated weir to prevent over drainage of wetlands from Sections 9 and 16. Construct improved swales along the nor'them sections of Sunset Boulevard and Sandy Lane to provide flood rd[cf for the "estates" ~'pe residences. Improve swales along Crews Road and Whittaker Road to provide multiple small outlets for excess storm water that may accumulate in the wetland preser~'e area. Construct a new drainage outfall into the northwest comer of Royal Woods to provide an outlet for the wetland preserve instead of allowing all of its flow to impact County Barn Road. Design a storm-water system that can handle any future alignment for the southern extension of Santa Barbara Boulevard and make provision for Santa Barbara Boulevard to be constructed as either a solid berm without cross drainage or including culverts and/or bridges for cross drainage. Inc,:ease the basin bounda:'y for the total project to include all lands north of Rattlesnake-Hammock Road and west of C.R. 95 I. Construct another storm-water management system along the eastern side of the Wing Park South airport runway to direct storm water to Rattlesnake- Hammock Road and then into the Rattlesnake-Hammock Slough (this will be 'coordiriated with a new developer, Toll Brothers, who arc proposing a new project on that parcel of land). Incorporate the wetlands west of the airport runway and the existing ditch along the west side of the Shadow'wood Development into a wetland storage/flowway area.. Current County Efforts To assist in expediting the modeling and design efforts by LAW, the County will utilize existing annual surveying services contracts to obtain additional surveying and cross sectional information needed to develop and calibrate the model. The County is also coordinating the plan development with Collier Development Corporation, Lely Development Corporation, Florida Department of Transportation, SFWMD, and the COE. 4 Le;y ,,n~ Ldy Mc~or Ba~i~ 1.4 W Propora! T£97. I0~ 7 Scope of Services The project can be divided into six tasks: Octobcr 9, I997 Rcvlscd Scope of Services · Task 1 - Analysis of Alternatives · Task 2- Computer Modeling · Task 3- Wetland Delineation · Task 4 - Drawings · Task 5 - Preparation of Application · Task 6 - Response to Agency Commenta · Task 7- Meetings A discussion of each task is given in the following paragraphs. Task 1 - Analysis of Alternativ:$ The COE has requested a report describing the various alternatives LAW and the County considered in selecting the proposed configuration of the storm-water management sy.~tem. It is our opinion that the COE is not asking for a detailed analysis of a large number of alternatives, instead the COE wants documentation that the Count3' and LAW have looked at various ideas; evaluated them and selected the system that best meets the project objectives in each basin. As part of an earlier scope, LAW prepared a list of possible altematives for Lely Canal and Lely Manor Basin south of U.S. 41 and presented the data to the County for review and comment. LAW is planning to use this earlier draft report and add the alternative analysis for the area north of Royal Woods. We plan to vary the level of detail used to evaluate altemafives according to the potential. For example, if the land costs for an alternative is obviously so high that it would not be practical to select it, the analysis would be abbreviated. On the other hand, we plan to conduct a more detailed analysis of alternatives that could be incorporated ~to the system we want to propose to the agencies. This analysis would include limited hydraulic and hydrologle modelling, planning level cost estimates, and input fi.om the developers impacted by the choice of alternatives. LeI. v and Let. v Manoe Bcai,a O~tobfr 9. 1957 l...f 11' ?roposal T£97.1027 Revised $~o,~ of Services A report ,,,,'ill be developed for incorporation into the ERP application describing the various alternatives and the analysis used to select thc preferred system within each basin. A list of alternatives will be developed for thc area north of Royal Wooos, and these ,.,,'ill be evaluated in a similar manner as the areas south of U.S. 41. Task 2 - Computer Modeling LAW will develop an existing and future condition model of the Lely Canal and Lely Manor Basins. \Ve understand that the staffat SFWMD requested the basins be modeled using the software pro.am Advanced Interconnected Pond Routing (ADICPR). We further understand that the County has two concerns about using ADICPR: I) it doesn't model water quality, and 2) the Big Cypress Basin Board is currently developing models for the other basins using the EPA Stormwater Management Model (SX~,qvlM), version 4. Water Management District 6 is one of the basins slated for model development using SW'M3d. It is in the best interests of all parties to use the SWMM model for the ERP application. Th'e one change we recommend the County consider is to use XP S\V~,~f because it is more user friendly than the generic EPA version. Although the S\V?v~! model has the capability to model water quality, the lack of historical data does not warrant the extra effort to set up the model. A spreadsheet water quality model was developed ~or the l~asins and was submitted with the permit application to SFW'MD. It was accepted in the past, and we believe it would be cost effective to submit it again. The input for the pre- and post-development models will be based on ground surface elevations taken from the SFWMD 1983 aerials supplemented with data from recently constructed structures and improvements in the basins and additional survey data to be obtained by the County. The output for this task will be a letter report incorporated into the application form describing the methodology used to prepare hydrologic and hydraulic calculations, a presentation of results in tabular form. J Task 3 - Wetland Delineation October 9. I~'.17 Rcvised Xcope of Services The wetlands north, northeast and east of Royal Woods will be delineated using existing jurisdictional determinations supplemented by determinations prepared by the County staff. We request that the County provide a location survey for the jurisdictional lines in a format that can be incorporated into the drawings. Task 4 - Drawings Drawings were prepared as part of an earlier report showing thc improvements on an aerial photograph background. These drawings will be modified to show the changes that come from the analysis of alternatives integrated into thc application. Additional drawings will be provided to illustrate selected alternatives as needed. Additional lands have been added to thc east of current Lely Canal Basin boundary. We request the County provide rectified Raster data to incorporate into the current drawing set. Task 5- Preparation of the Application The reports and drawings described above will be incorporated into the application. · Task 6 - Respond to Agency Commcnl,~ The agencies will have comments on the application and LAW will respond to these comments. LAW, the County, and the agencies have met to discuss this project, and there has been a general consensus as to the configuration of the system and the approach to be used in presenting application data. Our scope allows for minimal new requirements initiated by' the permitting agencies. Task 7 - Meetings The scope proposed herein includes six meetings with the County and agencies. All the meetings listed above are assumed to be in Naples or Fort Myers. LJ Il' Propotal TE9 7.102 7 Project Tcarn October 9, 1997 Revised Scope of Se~'iccs LAW has assembled a team of experts to accomplish the scope of services. Richard Mayer will continue to be the project manager/principal for this project. Anwer ^breed will be responsible for oversight of the modelling. Gabre Aberra will perform the SX,~ model simulations. In addition, Robert Dvorak, III, of Bayside Engineering, will be available to perform the SWMM modelling. Jonathan Sink will develop the conceptual designs, be responsible for the drawings, and preparing the ERP application. Each of the team membem has considerable experience with the specific area of responsibility assigned to them. Resumes are attached. Fees The estimated fee for the scope of services described above is 595,975. This is a not to exceed amount for Tas 'ks I, 2 and 5. LAW will only bill the County for actual tlme and expenses used up to the maximum estimated fee. A detailed breakdown of costs is attached. Schedule LAW can begin work within one week of authorization. The duration ofeach task is: · Task I: 3 weeks · Task2: 8 wee'ks · Task 3 County supplied data. · Task 4: 4 weeks · Task 5: 3 weeks · Task 6: 30 days · Task 7: N/A Authorization We propose to complete this work under the terms and conditions of our exi~ing contract. A~ written authorization, please send an addendum to our contract. Please make this proposal a part'of the contract. l~}l' ?ropo'~ol r£9'/.1021 £c~'i~ed Sco,~e of&et'ices LAW appreciates the opportunity to provide these sen'ices. Ifyou have any questions, please call the undersigned at (gl3) 289-0750. Sincerely, LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. C. Edwin Copeland, Jr. P.E. Principal Engineer CEC_JKEMc'cj ~-'40140ICO M.MON/199'//1'E9 ? 1027.P3 Attachment: Cost Estimate Richard E. Mayer, P.E. Principal Engineer ATTACILhl'ENT 1 O COST ESTL'~L~,T£ 10 ~mmmmmmmmmmlml COST ESTIMATE L_~-~W ENGINE-'RiNG AND ENVIRONMENTAL, INC, PROJECT: WMD # 6 ERP NUMBER: TE97-1027 CLIENT: Collier County CONTACT: R. Wiley PHONE # --- SUMMAR * ...... * locater> Page 1 ..... TASK NO. TASK NAME MANHRS SLABOR SEXPENSE STOTAL' TASK 1 ANALYSIS OF ALTS. 61 4795 0 4795 TASK 2 MODELLING 0 0 5500 5500 TASK 2.1 PRE.DEVELOPMENT 462 32910 62 32972 TASK 2.2 POST-DEVELOPMENT '195 14980 0 14980 TASK 3 WETLAND 10 550 0 550 TASK 4 DRAWINGS 152 10880 0 10880 TASK 5 APPLICATION 72 4970 0.00 4970 TASK 6 RESPONSE 72 4970 36.25 16376 TASK 7 MEETINGS 48 4560 392 4952 PREPARED BY: REM DATE: 9110197 941 774 8192 TOTALS: 1073 $78,615 $5,990 STATISTICS/CRITERIA: AVE. LABOR PER HR.: MULTIPLIER ON EXPENSES: · CONTINGENCY FACTOR: ' TOTAL CONTINGENCY: $73.27 1.00 1.00 S0 (EXCEPT WHERE CHANGED) (APPLIED TO EA TASK TOTAL ABOVE) (SPREAD THRU TASK TOTALS ABOVE) Employee Class Code I Title 700/Word Processor 800ICADD Operator 140/Technician 11 170/Technician Iii 400lStaff Professional 420/Project Professional 4401Senior Professional 460/Principal Professional Rate 40.00 55.00 45.00 55.00 70.00 85.00 95.00 115.00 LAW ENVIRONMENTAL, INC. COST ESTIMATE TASK 1 POSITION PERSON 700ANord Processor 800/CADD Operator 140/'1'echnician II 170Frechnician 111 400/Staff Professional 420/Project Professional 440ISenior Professional 460IPrincip~i Professional 0 WMD # 6 ERP Page 2 Number: TE97-1027 Date: ANALYSIS OF ALTS. S/HR. MANHOURS EST. COST 40.00 4 160 55.00 12 660 45.00 0 0 55.00 0 0 70.00 0 0 85.00 40 3,400 95.00 0 0 115.00 5 575 0.00 0 0 0.00 0 0 0.00 0 35683 EXPENSES Mileage Total Labor- TASK 1 61 UNIT COST MULT. UNITS 0.29 1.00 0 1.00 TASK 2 POSITION PERSON 700NV.ord Processor 800/CADD Op&rator 140Frechnician II 170/Technician III 400/Staff Professional 4201Project Professional 440/Senior Professional 460/Principal Professional 0 1.00 Total Direct Expenses Total Cost- TASK 1 MODELLING Total Labor- EXPENSES UNIT COST'* XP SWMM License 5500.00 Total Cost- $4,795 EST. COST 0.00 0 0 0 ' 0 0 $0 S/HR. MANHOURS EST. COST 40.00 0 0 55.00 0 0 45.00 0 0 55.00 0 0 70.0O 0 0 85.00 0 0 95.00 0 0 115.00 0 0 0.00 0 0 0.00 0 0 0.00 0 0 0 0 TASK 2 0 MULT. UNITS EST. COST 1.00 1 5,500.00 1.00 0 0 1.00 0 0 1.00 0 0 1.00 0 0 1.00 0 0 Total Direct Expenses TASK 2 $4,795 COST ESTIMATE TASK 2.1 POSITION PERSON 700/Word Processor 800ICADD Operator 140/Technlcian II 170/Technician III 400lStaff Professional 420/Project Professional 440ISenior Professional 4601Principal Professional 0 Page 3 Number: TE97-1027 PRE.DEVELOPMENT S/HR. I~IANHOURS 40.00 4 55.00 2 45.00 0 55.00 160 70.00 160 85.00 100 95.00 0 115.00 36 0.00 0 0.00 0 0.00 0 0 Date: EST. COST 160 0 8,800 11,200 8,500 0 4,140 0 0 0 0 2567.3 EXPENSES Rental/Gas Lunch Total Labor- TASK 2.1 462 UNIT COST MULT. UNITS 50.00 1.00 1 6.00 1.00 2 1.00 1.00 S32,910 EST. COST 50.00 12 0 0 .0 0 Total Direct Expenses Total Cost- TASK 2.1 TASK 2.2 POSITION PERSON 700/Word Processor 800ICADD Operator 140/Technician II 170/'rechnician III 400/Staff Professional 420/Project Professional 440ISenior Professional 460/Principal Professional 0 POST.DEVELOPMENT S/HR. 4O.0O 55.00 45.00 55.00 70.00 85.00 95.00 115.00 0.00 0.00 0.00 MANHOURS 4 8 0 0 124 40 0 2O 0 0 S62 EST. COST 160 440 0 0 8,680 3,400 0 2,300 0 0 0 0 532,972 Total Labor- TASK 2.2 196 $14,980 EXPENSES Mileage UNIT COST 0.29 MULT. 1.00 1.00 1.00 UNITS EST. COST 0.00 0 0 0 0 0 To~l Cost- 13 Total Direct Expenses TASK 2.2 LAW ENVIRONMENTAL, INC. COST ESTIMATE TASK 3 POSITION PERSON 700NVord Processor 800/CADD Operator 140/Technlcian II 170t'Techniclan 400lStaff Professional 420IProject Professional 440[Senior Professional 460IPrtncipal Professional 0 Page 4 WETLAND ;?,'MD # 6 ERP Number: TE97-1027 S/HR. 40.00 55.00 45.00 55.00 70.00 85.00 95.00 115.00 0.00 0.00 0.00 MANHOURS 0 10 0 0 0 0 0 0 0 0 Date: EST. COST 0 0 0 0 0 0 0 0 0 0 0 356S3 EXPENSES Total Labor- TASK 3 10 UNIT COST MULT. UNITS 1.00 1,00 0 1.00 1.00 0 1.00 1.o0 0 1.00 $550 EST. COST 0 0 0 0 - 0 0 Total Direct Expenses Total Cost- TASK 3 $0 TASK 4 DRAWINGS POSITION PERSON S/HR. MANHOURS 700/Word Processor 40.00 8 800IC~DD Operator 55.00 80 140/Technician II 45.00 170/Technician III 55.00 0 400/Staff Professional 70.00 0 420/Project Professional 8S.00 40 4401Senior Professional gS.00 0 460IPrincipal Professional 115.00 24 0 0.00 0 0.00 0 0.00 EST. COST 320 4,400 0 0 0 3,400 13 2,760 0 0 0 0 Total Labor- TASK 4 152 S10,880 EXPENSES UNIT COST MULT. UNITS Mileage 0.29 1.00 0 1.00 1.00 Total Cost- Total Direct Expenses TASK 4 EST. COST LAW ENVIRONMENTAL, INC. COST ESTIMATE TASK 5 POSITION PERSON 700ANord Processor 800/CADD Operator 140/Technician II 170/Technician III 400/Staff Professional 420IProject Professional 440ISenior Professional 4601Principal Professional 0 Page $ APPLICATION WMD # 6 ERP Number: TE97-1027 Date: S/HR. MANHOURS EST. COST 40.00 0 0 55.00 0 0 45.00 0 0 5S.00 0 0 70.00 40 2,800 85.00 12 1,020 95.00 0 0 115.00 10 1,150 0.00 0 0 0.00 0 0 0.00 0 10 0 356£3 Total Labor- TASK 5 72 $4,970 EXPENSES UNIT COST 1.00 1.00 MULT. UNITS EST. COST 1.00 0 0.00 0 1.00 0 0 0 1.00 ' 0 0 Total Cost- TASK 6 POSITION PERSON 700/Word Processor 800/CADD Operator 140/'Technician II 170/Technician III 400/Staff Professional 420/Project Professional 4401Senior Professional 460/Principal Professional 0 RESPONSE Total Direct Expenses $0 TASK 5 S/HR. MANHOURS EST. COST 40.00 4 160 55.00 20 1,100 45.00 0 0 55.00 0 0 70.00 160 11,200 85.00 24 2,040 95.00 0 0 115.00 16 1,840 0.00 0 0 0.00 0 0 0.00 0 0 S4,970 Total Labor- TASK $ 224 $16,340 EXPENSES Mileage UNIT COST 0.29 MULT. UNITS EST. COST 1.00 125 36.25 0 1.00 6 0 0 1.00 6 0 0 Total Dlrect Expenses --. $36 Total Cost- TASK 6 ~ ~. $16,376 · .,,,; ~., ..?./ I,,~ t, I ,..., zs .... LAW ENVIROIqMENTAL, INC. COST ESTIMATE TASK 7 POSITION PERSON 700/Word Processor 8001CADD Operator 140/Technlcian II 170/'re chnician 420IProject Professional 440/Senlor Professional 0 0 0 0 PO7 EXPENSES RENTAL CAR/GAS Lunch Page $ MEETINGS WMD # 6 ERP Number: TE97-1027 S/HR. 40.00 55.00 45.00 55.00 85.00 9S.00 0.00 0.00 0.00 0.00 0.00 MANHOURS 0 0 0 48 0 0 Total Labor- TASK 7 48 UNIT COST MULT. UNITS 50.00 1.00 7 6.00 1.00 7 Total Cost-- Total Direct Expenses TASK 7 Date: EST. COST 0 0 0 0 0 4,560 0 0 0 0 0 $4,560 EST. COST 350.00 42 0 0 0 0 S392 $4,952 16 WOR~ ORDER #'0,,~1-98-01 AD'cement for Fixed Tcrrn ProrcssionaJ l..~nd Surveying and PhotoDrarnmctric Services Dat~ ! 1-5-96 (RFP 96-2550) This Work Order is for profcssionaJ surveying sc~'iccs for work known as Projo:t: Lely Ar~ Stormwater Improvement Proj~:t No.: 31101 ~e work is ~ifi~ in ~e pro~s~l da~ ~tob~ 7, 1997, w~ch p~ of ~s Work ~d~. ~ ~cordmce ~ T~s ~d Condi6~s of ~e A~eement rererenc~ n~ve, Wo~ ~der ~ ~-gg-01 is ~si~ to Wil~n. Miller. B~on ~i~ N~e) ~ ~ de~l~ ~ ~e a~h~ pm~ lc~. ~ch~ulc of Wo~: Complete wo~ ~ 60 ~ys ~m r~cip~ of~c Notice to ~ w~ch is ~mp~g ~s Work ~d~. pro~ (or ~ ~ccord~cc ~ ~c cs~ablish~ ho~ly rat~s) ~ cnumc~ ~ Sch~ulc "A" of ~c A~mt if ~i~ ~ ~s Work TOTAL FEE $37,240.00 Any change m~l¢ subsequent to tirol dcp~'tmcat ~pprov~l will bc comidercd m ~ddkion~ service sod chargod according to Schedule 'A" ortho Agreement. REVIEWED BY:_ A~T: Dv4~ht E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier Cou~/, Flori~ By: Deputy Clcr~ By: Timothy L. Hancock, Chdrman Approvod as to Form and Legal Sufficiency: -- As~'istant County Attorney ""- ATTEST: (Corporate Sccrc~ry) By: ~ Type Namc and Tiu¢ WILSON, MILLER, BARTON AND PEEK, INC. Naples, Florida t~Cc. K C£0 gnature Print Name File: WO Sm"v~/(¥, .~-91-~1 ) dm: Print Name Pl..\NNEItS, '~.,'<VII~ON.MI':NT;\I, CONSI;I.TANT,c, [':N~:I"q[I'R'<' Mr. Robert Wiley P.E. Engineering Project Manager 3301 E. Tamiarni Trail, OCPM Bldg. Naples Fl. 34112 ICE: Lely Drainage Basin E EIYED OCTO? °RO. IYffr.c: I~1~ N/lP, l:blFN-r Mr. Robert Wiley Robert we have reviewed the aerials for the Lely drainage basin along with your markup of where you would like topographic sections and weir information. Based on our understanding of the meeting with you on August 14, 1997, and the phone conversation of October 7, 1997 we propose to do the following: Run control levels to the end of the road adjacent to the Lely canal and then east to the East line of Section 30 TSOS, R.26E. These benchmarks would be set in upland trees where available for future construction of your drainage improvements that are planned. benchmarks would also be set throughout the drainage basin where we will be gathering the topographic data needed for your study. These benchmarks are necessary for the cross-section now as well any additional information gathering and eventual construction of the necessary improvements. We will take cross-sections where indicated on your control map some of these areas as you know are heavily infested with Brazilian Peppers and Melaleuca. In these areas we will cut line so we can take the necessary transects. The elevations will be in NGVD 1929 Datum. The horizontal location will be submeter and in State Plane coordinates Florida East Zone 1927. We will be giving you the data on a computer disc in a format suitable for Swim modeling program and for insertion into the District 6 Raster Images.. The fee for this work will be a Time and Materials fee with a not to exceed cap of $37,240. This work will be delivered within 60 days from Notice to Proceed. Sincerely, WILSON, ?v~LLEP~ BARTON & PEEK, INC. Michael H. Maxwell, P.S.M. "0(/ILSON. MILLER, BARTON ~. PEEK. INC. I~rt/~?.t,~(Xi~ltll.l~,t,,~.~ffi,m, Suite 200. Naples. Rotida 34105-8507 ' Db 941-649-4040 Fx 94 !-643-571 Site: ~.wil~nmillcr.c~ E-mail: n;~ples~'il~nmillct.com ~r~f~l~.S F~t M~wS S~r~otn Drm~cnt,,n Pl ^N~I~.RN. ~NVIR%~,%'~.tl %:'t '%1, (~.0~.~L'S,'T^N'I ~' Robert Wiley P.E. Engineering Project Managcr OCPM Bldg. 3301 E. Tamlami Trail Naples Fl. 34112 Mr. Robert Wiley Robert here is a breakdown of our proposed Fee Schedule. principal 8.5 (~ $135 $1147.5 Surveyor IIII 69 ~ $90 S6210. Cotnputcr Technician 45~ $55 $24?5. 3 man ficld crew 258.5 $95 $.22.4c0..7~ S37,240. Total Robert here is the breakdown of cost for the gathering of topographic dam for the Lely Basin. Sincerely, WILSON, MILLER, BARTON & PEEK, INC. Miclmcl H. Maxwell, P.S.M. 2F'3~d .... ~ ~ les ~o~id~ 34105-8507 P .... j . ~ ~. ~1 · ~ 32~ B~ileV L~nc. ut~ ~, P ' ' ..... AUTHORIZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Recommendation that the Board of County Commissioners authorize the Chairman to execute Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida CONSIDERATIONS: The Board of County Commissioners authorized the filing of Liens, for the purpose of receiving compensation for nuisance abatement on the real property described as follows: SEE EXHIBIT "A' Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due under said Liens. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the Public Records of Collier County, Florida. FISCAL GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Prepared by~ Pam Callis~evenue Supervisor Reve~,.erVices Department Reviewed by: /// Ter,esa~A.../P>iesen, Revenue Manager Reve~Services Department Reviewed by' //:~f-',6 (~'"~ ¥or o y, Dir oV Revenue Services Department Ochs, Jr., ^d m 5 to Support Services Dieis'ion Date: Date: 1997 EXHIBIT "A" I. CASIMIRO A EGUIZABAL, FOLIO #57365480004, LOTS 3, BLOCK 229,UNIT 6 MARCO BEACH 2. CHARLES W. HICKS, FOLIO #26~71760002, LOT 13, BLOCK 101, UNIT 3, MARCO BEACH 3. CASIMIRO A. EGUIZABAL, FOLIO//57365480004, LOT 3, BLOCK 229, UNIT 6, MARCO BEACH 4. CASIMIRO A. EGUIZABAL, FOLIO//57365480004, LOT 3, BLOCK 229, UNIT 6, MARCO BEACH 5. PERLA DIAS, FOLIO #57369200002, LOT l, BLOCK 235, UNIT 6, MARCO BEACH SUBDIVISION 6. VARNVILLE COP.P, FOLIO # 59024000008, LOT 20, BLOCK 787, UNIT 25, MARCO BEACH 7. AJUAD ABOU ASALI, FOLIO # 57745920003, LOT l, BLOCK 293, UNIT 8, MARCO BEACH 8. WILLIAM J CAVIN, FOLIO # 36000760000, LOT i I,BLOCK 101, UNIT 3, GOLDEN GATE 9. MICHAEL R FREDRICKSON, FOLIO # 76210800008, LOTS 25 AND 26, BLOCK 4, W.H. SURRENCY'S 10. ERIC A MANDELL, FOLIO # 58044040007, LOT 10, BLOCK 382, UNIT 12 MARCO BEACH l I.HERMAN J MAURER, FOLIO # 62770280004, LOT 15, BLOCK 61, UNIT5 NAPLES PARK 12. ROSA DE CORES, FOLIO # 62155920002, LOT 16, BLOCK 9, NAPLES MANOR ANNEX 13. ROSA DE CORES, FOLIO # 62155920002, LOT 16, BLOCK 9, NAPLES MANOR ANNEX 14. NEW YORK TIMES CO % HERBERT VALENTINE, FOLIO # 36316240007 UNIT 6, BLOCK 200, GOLDEN GATE 15. LEONARD J BUBRI, FOLIO # 57738200002, LOT 20, BLOCK 280, UNIT 8, MARCO BEACH 16. NEW YORK TIMES CO THE % HERBERT VALENTINE, FOLIO # 36316240007, UNIT 6 , BLOCK 300, GOLDEN GATE 17. ALFRED R. SANCHEZ ESTATE, FOLIO # 35998960007, LOT 13, BLOCK 99, LrHIT 3 GOLDEN GATE 18. CATHERINE A STIMMAN, FOLIO # 77210680007, LOT I lAND 12, BLOCK 2 TRAIL ACRES 19. CATHERINE A STIMMAN, FOLIO # 77210680007, LOT I IAND 12, BLOCK 2 TRAIL ACRES i~._ / ~. r~ ~._~.. ! fIO¥ 0 i997 20. BEVERLY STEIGERWALD EST, FOLIO # 56863280008, LOT 13, BLOCK 90, UNIT 3, MARCO BEACH 21. BEVERLY STEIGEP, WALD EST, FOLIO # 56863280008, LOT 13, BLOCK 90, UNIT 3, MARCO BEACH 22. JOSEF HEINZ OBERT, FOLIO # 56803640006, I.OT 22, BLOCK 66, L,rNIT 2, MARCO BEACH 23. JOSEF HEINZ OBERT, FOLIO # 56803640006, LOT 22, BLOCK 66, UNIT 2, MARCO BEACH AJUAD ABOU ASALI, FOLIO # 57745920003, LOT i, BLOCK 293, UNIT 8 MARCO BEACH 25. THE NEW YORK TIMES CO % HERBERT VALENTINE, FOLIO # 36316240007, LINIT 6, BLOCK 200, GOLDEN GATE 26. THE NEW YORK TIMES CO % HERBERT VALENTINE, FOLIO #36316240007, UNIT 6, BLOCK 200, GOLDEN GATE 27. JOHN J BARONE, FOLIO # 0016224000% SECTION 24, TOWNSHIP 48, RANGE 24 28. P, osA DE CORES, FOLIO # 62155920002, LOT 16, BLOCK 9, NAPLES MANOR ANNEX 29. ROSA DE COKES, FOLIO # 62155920002, LOT 16, BLOCK 9, NAPLES MANOR ANNEX 30. DOROTHY L. MATTEVI, FOLIO #29505006454, LOT 80, THE CROSSING, MILL RUN 31. KINGDOM BAY BUILDERS INC, FOLIO # 29505006454, LOT 80, THE CROSSINGS, MILL RUN 32. CHARLES D. WALTON, FOLIO ~ 56'/31640000, LOT 28, BLOCK 132, UNIT 4, MARCO BEACH 33. THE NEW YORK TIMES CO % HERBERT VALENTINE, FOLIO # 36.3162,30007, UNIT 6, BLOCK 200, GOLDEN GATE EXECUTIVE SUMMARY RECOMMENDATION TIIAT TIIE BOARD OF COUNTY COMMISIONERS AUTIIORIZE TIIE PROCUREMENT OF ENGINEERING SERVICES FOR TIIE IMPLEMENTATION PIIASE OF TIIE CLAM BAY RESTORATION AND I~IANAGEMENT PLAN AND AUTIIORIZE AN INCREASE IN RATES FOR WILSON, MILLER, BARTON & PEEK OBJECTIVE: That the Board of County Commissioners authorize the procurement of engineering services from Lewis Environmental Sen'ices; Dr. Sam Snedckcr, University of Miami; Tackncy & Associates and Wilson, Miller, Bar, on & Peck Io provide engineering services for Ihe implementation phase of the Clam Bay Restoration and Marmgement Plan and authorize an increase in rates for Wilson, Miller, Barton & Peck. CONSIDERATION: On August 13. 1996 the Board of County Commissioners approved thc procurement of :,ca'ices with T. R. Brown and Dr. Hilburn Hillestad to direct in the development of a Clam Bay Restoration Plnn. In thc development of this Plan the participation of consultants with expertise in specific areas and historic knowledge of the s~'stcm were approved on Dcccmber 17, 1996 for assistance in this Plan. In this original authorization, the Board waivcd the provisions of thc Consultants Competitive Negotiations Act (CCNA) and declared this project a valid emergency such that staff could c×pcditiously proceed in thc permitting of this Plan. It is being rcqucstcd that thc same consultants that have been invoh'cd in attaining thc permit bc used for thc implcmcntation phase of this project. Thc issuance of the permit for thc Clam Bay Restoration and Management Plan is expected towards the end of November. In anticipation of the permit, staff is recommending the procurement of engineering sen'ices for the preparation of the engineering plans and specifications, such that thc Division can be in a position to begin construction activities around thc first of the 2,'car. The dredging activities, svhich must be completed outside turtle season, are expected to take at least 90 days. Therefore it is important that these activities start in early January if they are to be completed before turtle season which starts May first. There arc four construction projects in the M'anagcmcnt Plan to be started at this time. Project # 1 Project #2 Project #3 Project fi.s, Clam Pass Tidal Creeks (Cuts #1,2, and 3) Clam Pass Main Channel (Cut #4) Interior Tidal Creeks Seagate Culverts Thc follov, ing is an outline of the consultants recommended. LEWIS ENVIRONMENTAL SERVICES, LNC, This firm has both past and present knowledge of this system. Mr. Lewis has been invoh'cd in thc short term solutions implemented last year which were the flushing cuts including the consultant responsible for thc additional flushing cuts outlined in the current permit submittal for the long term restoration. Mr. Lewis would assist in the preparation of thc bid documents, construction activities and final reporting and record drawings. A6£~A LT[I~ "or.':-. ;.: N 0V - zt 1997 I'L ~ DR. SAMUEL SNEDEKER, UNIVERSITY OF MIAMI Dr. Snedckcr is a Professor of the Division of Marine and Biological Fisheries at Iht University of Miami : nd has national experience in mangrove systems and during this phase or the project would be called upon, as needed, to assess environmental impacts to vegetation and spoil discharge for thc dredging activities. Dr. Sncdckcr has a high level of credibility in this field and would tx: used only on as needed basis for Project #2. TACKNEY & ASSOCIATES Mr. Tackncy's involvement in thc project has bccn to perform the hydrographic evaluation of the Clam Bay ccoss'stcm. During this phase of thc project Mr. Tackncy will bc responsible for thc prcparation of thc sections of thc design plans and specifications, bidding and cost estimates, including sen'ices during construction rclatcd to the dredging related to thc Clam Pass tidal creek and the Clam Pass main channel. WILSON, MILLER, BARTON & PEEK Their services would be uscd on projects #1, 2, 3 & 4. They would act as Icad consultant for thc formulation of bid documents, construction phase services and final record drawings and certification activities. As thc Division's cnginccring firm, Wilson, Miler, Barton & Peck, is most familiar x~th the project and has been invoh'cd in the permitting process of this project. Lcwis Environmental Scrviccs, Inc. Tackncy & Associates Dr. Samuel Sncdcker \Vilson, Miller, Barton & Peck 71,500 42,000 2,000 122,300 FISCAL IMPACT: The Fiscal hnpact for the above service requested is $ 23'7,800 as outlined above. The Pclican Bay Scr','iccs Division would fund 50% with funds available in Fund 320, Cost Cenlcr 183800, thc remaining 50% would bc funded by \VCI Communities per the agreement approvcd by the Board of County Commissioners. In addition, thc Division has had an agrccment with Wilson, Millcr, Barton & Peck since January 21, 1987, with thc rate structure remaining the same since November I9, 1991. Attached is a rate increase to this agrccmcnt that staff is recommending thc Board or' County Commissioners approve and is reflected in the attached proposal submitted by Wilson, Miller, Barton & Peck. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: 1. That the Board of County Commissioners authorize the procurement of enginecring services from Lewis Environmental Scr~Sces; Dr. Sam Sncdckcr, University of Miami and Tackncy & Associates. 2. That the Board of County Commissioners approve the attached Work Authorization with Wilson, Miller, Barton & Peck under existing agreement. 3. That thc Board of County Commissioners authorize an increase in rates to the agreement with Wilson, Miller, Barton & Peck 4. That thc Bd~{f Count' Commissi~crs authorize the Chairman Io sign the attached Work Authorization and requcst.,'~orrate, increase. ~, ://, . '~'-~ame~ P. Ward, Division Administrator ' St~'e Carnell, F:v~hasing Director/ DATE AGENDA NOV - & 1997 PAC; 2 LBwiB l nvlronmont81 E ervices inc. F~O To: K71¢ Luks~ Pelican Bay S~wic¢ From: Robin ~ ~ ~o~td ~c~ I~c. D~te: O~o~r 1 ?, 1 ~ Re: Propo~ for Pr~~ ~ p~ 1 R~omtio~ CI~ Bay P~e I CI~ BAy R~to~tion Pj~ At P~H~ ~ ~O ~odd~ ~~t of ~ro~t~ Prot~on ~d ~e U. S. ~ Co~ or~Sln~s, (2) ~gst ~th the pm~[i~ ora ~pe or~, r~u~t for bids sM r~ bids for thc n~ I~bor ~ mat~s to co~I~o the ~ovc ~ ~s O) att~d and p~dp~ in a~ r~ul~ ~lion c~r~t{on m~t{~, pr~id or pr~oas~cdon ~ (4) sup~ zha sd~ed ~n:ractor in lbo p~omnce ortho ~0t~tio~. ~d ~do ~e Di~ ~d ~e Cora~mctlon ~n~ with gaily r~pons of ~-pow~ p~idpagn~ hours ~ ~ ~k ~mpl~ ~ ord~ Io in~ prop~ p~nts rot wo~ p~ ~ ~1~ ~probl~ ~~ du4P~ ~nstmcdon ~ (5) d~t t~ pM~phy ~ the a~e r~~ compl~ion o~1 wo~ ~d pr~e ~ ~a~ ~ Io the ~tdct E~r dc~b~ ~ ~ ~o~ ~ Z[m~ ~o ~ ~y ch~ r~ui~ by on- Cost I~ropo~l T,sk I. ~Fina] DegBn Personnel P,. l..~, 40 rah X $1;12 W. Skidmore, 20 roll X ~ SubtotAl ff I l~OX ~O00E5 ~' :~$.000 4.800 1.200 2,025 _ ,o NOV - 199/, PAGE P~g~ 2 Tuk 2. Bid Prep~"~llon a~d Re~i~'w Subtotal #2 51,250 I 35O .... 50. 5 2,850 T~k 3. M¢c~n~s Ta.~c 4. Supervise Work Subtotzl #3 Subtotal #4 $ 2,400 1.350 875 $10,325 S5.00O 25.20O 1,200 1,750 5,400 I;39,425 NOV - ~.~ Pa ~ · FRO~= Pei lca~ Bay ServtceG ~D, B4t SB? 4E02 Pasc ~ T,-k $. FinaJ ~cpor6ng Subto~! #5 $1,250 2,400 35O 5O $ 4,300 Total $71,$00 Ple~,~ rcv~ew this drsft propol~l ~t contact, me st $13-230-5464 with any sup, Besfio~ for ~dditions or ddotiona. ~: Bdl~la Garc~ N0¥ - h ~7 PROPOSAL FOR SI.URRY-WA~R DISPOSAL EFFECTS MONTrORING Fax to: From: Date: Kyle Lucas, Pelican Bay Services Division (941) 597-5400 Samuel C. Snedaker, consultant 21 October 1997 On the fin'st day of dredging and slurry-water disposal into the designated mangrove area, 1 propose that you, and possibly David Tackney, be on site to observe how the slurry water disperses and the extent to which it is confined within the mangrove area. Since disposal involves a very large volume of water, it may move as surface sheet flow out of the area and not be totally retained. On that day or the next, phone me with a report. At daybreak on the morning of the th/rd or fourth day of slurry disposal, and prior to the initiation of dredging on that day, I propose that you and I: (1) check the entire disposal area for evidence of detrimental ponding, sedimentation, and surface erosion, (2) examine the mangroves in the disposal area for any symptoms of acute stress, and (3) go over what to look (i.e., monitor) for during my absence from the site, and then call me if you obserYe anyuking whatsoever that appears to be unasual. I will also stay on site that day during the dredging that day to observe the pattern of slurry water dispersal and the consequent sedimentation, erosion, etc., and whether natural surface debris (leaves, twigs, propagules, etc.) is rafting. Sometime around the 10th day following the initiation of dredging, I propose that you and re-visit the disposal area, beginning at daybreak, and examine the mangroves for any evidence of incipient chronic stress. It' none is found, I ,,,,'ill give you more details on what to monitor there after, fi, however, the mangroves at that time exhibit any signs of potentially non-reversible stress, we will consult with others and possibly recommend that slur'q: disposal in the mangroves be stopped. Mid-way through the dredging, I propose that you and I will again re-visit the site for a detailed examination of the effects of prior slurry water disposal. Tile main purpose of this visit will be to look for other evidence of detrimental effects that may not have been obsen'ed earlier. This would minimally require three days of field work plus overnight accommodations on the nights preceding the field in. spection.~ - this equates to a dollar cost of approximately $2,000. However. ff you or some one else notes something of consequence. 1 will be prepared to make an ad hoc visit(s) to confirm or evaluate his f'mdings. For your information, beginning in January 1998, I am teaching and therefore will be routinely available only on Tuesdays and Thursdays (and of course, weekends). However, if an "emergency" arises, I can make arrangements to be available on most any da5'. My contact numbers are office: (305) 361-4624 and home: (305) 665-9854. TACKNEY & ASSOCIATES, INC. COASTAL ENGINEERING g355 NORTH ~th STREET SUITE TEMPLE TI=RRACE, FLORIDA 33~17 813 1 988.9498 October 21, 1997 Mr. K¥1e Lucasz ~Pelican Bay Services Division R01 Laurel Oak Drive, Suite 605 Naple.% 1~1..q4108 RE: Clam Ray ProposR] Dear Kyle: Please cone~cier this letter a proposal for engineering services related to the dredging proposed by the Clam Bay Restoration Plan. It is my understanding that the plan is considereit to include four projects: 1. Dredging of'primary tidal creeks between Clam Pass and Upper Clam Bay. 2. Dredging ofchannel from Clam Pass to Outer Clam Bay. 3. Opening of supplemental creeks to allow interior drainage. 4. Work related to Seagate culverts. I would not anticipate involvement in Projects 3 and 4 and therefore, the proposal relates only to Projects I and 2. It is my under,~tanding that Wilson, Miller, Barton & Peek, Inc. will be the lead firm for all the phases of the projects but our firm would be specifically responsible for: 1) preparing the sections of the specifications related to the dredging in Projects I and 2; 2) provide updated construction cost estimates and bidding supervision related to dredging and 3) provide consulting se,Mc, es to the lead firm related to the actual dredge construction. AGENOA NOV - 1957 Mr. Kyi¢ I.uc~iz Page 3 October 21, 1997 PHnclpl~ Ensineer ($95/Hr) 22 H. rs (82,090) 60 H. rs ($ 5,700) Secretary ($10/Hr) 9 Hr$ ($ 90) 20 Hr~ ($ 200) Expen~e~ (At Cost) ($2,$20) ($ 4,200) Total ($4,700) ($ Table 4 ' pha~e 3 I hope tha! this provides you with the information you requested bu! ifyou should have any further questions, please let us know. Very truly yours, Tackney and Associates DTT/dr cc: Ted Brown Steve Means ri ! Mr. Kyle Lueas Page 2 October 21, 1997 Tsble I lists the costs for the three phnses o£Projccts 1 and 2. Thc table also lists the number of site vishs/mcctlngs that are anticipatcd for thc three phases ot' thc Fz ujccts. ' P~i~e: !..'?-i .--:..'.: .:: ?y.;:: .:P.~e)~...:'~.':;.~:'..'.::: -:;~; ;: ,. pj~e. 3., .....: :-':i..:'.' ,:... ::: ~... .... . .... :....::.:.., ..... ~ ,:,:....., ............. :, .:; ...~.: .......... ~ ~8~.. pla~'specs;;.'~: :B~ddm~Cost.Est.~- :'" S~mCes Dunng Consr-, . Project I $ 7,200 $1,$00 $ 4,700 (Cr~k dredging) Project 2 $15,500 $3,000 $10,100 (Channel dredging) Trips/Meetings 3 2 7 Totals $22,700 $4,500 S 14,800 Tables 2 through 4 provide breakdowns of'the costs for the various projects and phases. Principle Enginccr ($95/I-I0 42 I-Irs ($3,990) 82 Hfs ($ 7,790) Engineer ($45/I4.r) 40 Hrs ($1,800) 110 Hfs ($ 4,950) Secretary ($10/Hr) 31 Hrs ($ 310) 76 Hrs ($ 760) Expenses (At Cost) ($1,100) ($ 2,000) Total ($7,200) ($15,5 00) Tab!C2 - Phas~l Principle Enginer $95~Ir) 10 Itrs ($ 950) 18 Hrs ($1,710) Sccretary($10/Hr) SHrs ($ $0) 29Hrs(S 290) Expenses (At Co~t) ($ SC)O). (Sl,000) To~,]_., (SLS00) .... (s~'°°~flV Table 3 ,Phase2 Pa q' WORK AUTHORIZATION Th. is Work Authorization made and entered into this day of 1997, by and between the Board of County Commissioners of Collier County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and Wilson,. Miller, Barton & Peek, Inc., a Florida corporation, hereinafter referred to as "ENGINEER". WITNESSETH: WHEREAS, ENGINEER entered into an engineering agreement dated January 21, 1987, with the Pelican Bay Improvement District to perform general consulting services involving engineering, surveying, planning, environmental management, or permitting, financial or economic feasibility studies, water and sewer utilities, water management facilities, street lighting facilities and other infrastructure and civil-type Projects for the Pelican Bay Improvement District, as defined by supplemental agreements; and WHEREAS, the Pelican Bay Improvement District was dissolved and under the Plan of dissolution, COUNTY assumed the fights and obligations of all contracts for services and materials to which the Pelican Bay Improvements District was a party; and WHEREAS, pursuant to the agreement bet~veen ENGINEER and the Pelican Bay Improvement District, COUNTY wishes to contract with ENGINEER to provide engineering services for Projects serving the Pelican Bay area. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Work Authorization, it is mutually understood and agreed as follows: I. PROJECt DESCRIPTION: The Project consists of the design, bidding, and construction phase services associated with a portion of the "Clam Bay Restoration and Management Plan." The puxpose of the plan is to set forth a coherent and task oriented package of practical solutions for the restoration of the Clam Bay ecosystem and the regeneration of the dying mangroves. The following scope of services outlines the work necessary to accomplish the construction portion of the plan. Ib"t2/97.)0764 Vff 01~.A~I N010~-0~ I -O07.F.I~.ZO4 J 4 Afl£~OA IT[M/__ NOV- Pa For bidding and contracting purposes, the Project is separated into smaller Projects as follows: Project Project Description Management Plan Section Number 1 Clam Pass Tidal Creeks 4.5.2 Cuts 1, 2, and 3 2 Clam Pass Iviain Channel 4.5.2 Cut 4 3 Interior Tidal Creeks 4.5.3 4 Seagate Culverts 4.5.1 The separation into smaller Projects will provide flexibility in awarding the construction contracts allowing the County to select up to four contractors to complete the entire Project. Initial conversations with marine and dredging contractors indicate that because the work encompasses various contracting specialties, most contractors will not want to bid the entire Project without large mark-ups on the sub-contracted portions. In addition, and because time is a factor in the completion of the Project, multiple contractors can finish the Project in less time than one contractor can. Projects 1 and 2 - Clam Pass Tidal Creeks and Main Channel Field studies revealed two different conditions that contribute to the observed mangrove mortality. The tidal creeks leading north from Clam Pass and the two upper bays are sarrounded by a berm that functions as a dike separating the tidal creeks and upper bays from smaller embayments within the mangrove forest. Rainwater ponds behind the berm for prolonged periods. The second condition that contributes to prolonged periods of flooding results from the existing geometry and bathymetry of the bays and connecting tidal creeks and flow channels. The tidal creek leading north from Clam Pass is narrow and extremely sinuous. In addition, the northern end of the creek connecting Inner Clam Bay and Upper Clam Bay is extremely constricted. The restricted condition of the tidal creeks dramaticalIy reduces the tidal range in the upper bays. This reduction is due to the relatively small cross sectional dimensions of the creek and its sinuous nature. Excavation in these areas to enlarge them to the average cross section of the creek will significantly increase tidal flow in the creek without the destruction of mangroves. AC~ENDA ~ITL~/ NOV - 1 57 p~ // To reduce the flooding tendencies of the upper (northern) bays, the hydraulic efficiency of the tidal creeks will have to be improved and openings will have to be made in the berms surrounding the isolated smaller bays and an efficient flow channel will have to be maintained between Clam Pass and the Southern terminus of the tidal creeks. This will be accomplished by excavating the constricted tidal creeks and Clam Pass Spoil excavated from Cuts 1, 2, and 3 will be sprayed over the adjacent channel banks or transported to the back of the beach dune. Spoil excavated from Cut 4 will be deposited in spoil disposal sites. The resulting channels will retain their sinuous nature to the fullest extent possible. No mangroves will be removed except where alzsolutely essential to the implementation of the Plan and the volume of excavated material has been designed to minimize the amount removed. Project 3 - Interior Tidal Creeks The existing interior tidal creek system of Clam Bay consists of three conditions distributed tl'troughout Clam Bay. The three conditions are: 1) nonexistent, 2) restricted or blocked, and 3) restored. All of these factors have combined to retard the fimction of the tidal channels with the result being that they are beginning to silt in some places and in other places the tidal channels no longer exist. This has resulted in the loss of natural channel maintenance processes with the consequence being that the interior tidal channels are in many areas of Clam Bay totally filled in (nonexistent) or on a track to be totally filled in absent some effort at restoration (restricted or blocked). It is proposed that an additional 32,963 linear feet of restored channels of fotu- types be constructed in phases in Clam Bay. The scope herein will accomplish Phase I. The spoil will be disposed of on site by careful placement in adjacent mangrove areas and in such a fasNon so as not to create concentrated piles of spoil no,' create blockages to existing and proposed drainage. Project 4 - Seagtte Culverts The Seagate Culverts axe located at the extreme South end of Outer Clam Bay and serve as the connection point to Venetian Bay to the South. The culverts allow water to be exchanged between Outer Clam Bay and Venetian Bay through thre~ twenty-four inch diameter culverts. The culverts are located beneath Seagate Drive, a private thoroughfare connecting to developed land lying adjacent to the GulfofMexico. 10~Z2~?-]OTb4 V~ 01I-AWm The Management Plan intends to take advantage of the flows through the culverts on the flood cycle by retaining the volume of water generated on the north side of the culverts (the Clam Bay side) for discharge through Clam Pass. This is to be accomplished by the installation of flap gates or a comparable product designed to preclude the oscillation of the tides through the culverts. Modified as proposed, the culverts will effectively operate as a pump, pushing water from Venetian Bay to Clam Bay. The design of the improvements to the Seagate Culverts will first involve a survey of existing conditions, to include a determination as Io the condition of the culvert~ for the contemplated retrofitting. Additionally, the design will require a check valve that is appropriate for the tidal conditions encountered at the Seagate Culverts an:l which check valve can be installed and maintained in a cost sensitive way. Construction of the improvements will require excavation mound the northerly end of thc culverts, placement of a coffer dam during construction of the end wall, placement of the check valves, backfilling behind the end wall, and installation of rip-rap. Existing plant material will be removed and preserved for reinstallation to the extent feasible. Any destruction of roadways will be repaired. SCOPE OF SERVICES: The ENGINEER shall provide professional services in general accordance with the following scope: 2.1. Construction Plans and Technical Specifications 2.1. I. Attend three design phase meetings. 2.1.2. Gather pre-construction cross-sections and other field survey information for design purposes. 2.1.3. Prepare construction plans for the four Projects on one set of plans. The limits if each Project ,.rill be clearly identified on the plans. 2.1.4. Prepare on inclusive set of technical specifications for the four Projects. 2.13. Other consultants will provide design and technical support to tasks 2.1.3 and 2.1.4 under separate contract with the County. 2.2. Contract and Bidding Documents 2.2.1. Prepare bidding quantities for the four Projects. 2.2.2. Prepare opinions of probable costs for the four Projects. 2.2.3. Collier County Purchasing and Pelican Bay Services Division (PBSD) will assemble the bidding documents and bid the Projects. 2.2.4. Assist Collier County Purchasing and PBSD With contractor selections. Construction Phase Services 2.3.1. Set horizontal and vertical survey control for the contractors' use during construction. 2.3.2. Attend pre. construction meeting. 2.3.3. Conduct periodic site visits at intervals appropriate to the various stages of construction to observe the contractors' progress and to observe if the Contractor is constructing the improvements in general accordance with the plans and specifications. 2.3.4. Attend seven bi-weekly construction progress meetings. 2.3.5. Field measurement of post..con..m'uction cross-sections and completed quantities for pay estimate purposes. 2.3.6. Preparation of field reports of contractors' progress. 2.3.7. Process pay requests and change orders. 2.3.8. Conduct final inspection ofwork. 2.3.9. Prepare Certificate of Substantial Completion to Collier county for site improvements based on certifi~ record drawings prepared by Contractors. NOV - 4 1997- TIME OF PER30RMANCE: Items 2.1 and 2.2 ofthe Scope of Service will be completed within sixty (60) calendar days after execution of this Work Authorization by the COUNTY except for delays Beyond the control of the ENGINEER. Completion of Item 2.3 will depend on the construction completion schedule. FEES TO BE PAID: The ENGINEER shall be paid for his services at the hourly rates shown in the COMPENSATION SCHEDULE provided in the January 21, 1987, Agreement between the Pelican Bay Improvement District and ENGINEER which has been amended fi.om time to time with an amount not to exceed $122,300 without approval by the COUNTY. For reference, the following table provides a breakdown of the fees per project and phase. Four County purchase orders will be issued, one for each project. Payments shall be made upon monthly billing Payable within thirty (30) days of receipt of an invoice acceptable to the COUNTY. Fees per Phase Project # Design and Specs Bidding Construction __ 1 $16,000 $2,500 $24,000 2 S20,400 $3,000 S27,000 3 $5,400 $500 $7,500 4 $7,500 $1,200 $7,300 Sub-Totals $49,300 $7,200 $65,800 Total= $I22,300 IN WITNESS ~OF, tl~ parties hereto have caused these presents to b~ executed thc day and year fa~t above written. BOAKD OF COUNTY COMMISSIONEILS DATED: COLLIEK coUNTY, FLORIDA ATTEST: D~t E Brock, Cl~rk By:_ Timothy L. Hancock, Chairman Wimess Witness ~ Approved as to form and Legal sufficiency: David Weigel County Attorney WILSON, MILLER, BARTON & PEEK, Vice President pt...~NNER.~. E:;VIRONMEXT.\L (.;ON.~L'LTA.'gT.~, ~N~,I.'<EEI,., ~L'R\'EYC~R.~, LANI~t:.~,I'E .A,I<CIIITE~:TF. (~'O":.<TRt.'(:TION ,M..\~.~;EI~ October 21, 1997 Commissioner Tim Ihnc, ock Board of' County Commissioners :3301 East Tamiami Trail Naples, FL 34112 RE: Pelican Bay Services Division Compensation Schedule Updale Dear Commissioner Hancock: Pursuant to Section V of the Engineering Agreement between Wilson, Miller, Barton & Peek and Pelican Bay Improvement District dated lanuary 21, 1987, we respectfully request that the Board approve a new compensation schedule. The schedule is attached for your review. Wilson Miller last requested md was granted a compensation schedule change in 1991. Over the past 6 yeats we have managed to hold that schedule, but we are no longer able to do so due to inflationary pressures. Please approve the enclosed compensation schedule and return one copy for our files. Sincerely, WILSON, MILl,ER, BARTON & PEEK, INC. Stephen A. Means, P.E. Vice President APPROVAL OF COMPENSATION SCHED~ The Engine~ shall be paid for all time and rnate~ CT/M/E) servi~ at the hourly rates shown in th~ endosod COMPENSATION S~I.1LE for new work a~ho~ effective November I, 1997. Ttm Hano:~ Collie~ Coumy Board of County Commissioners Stepl'~n A. Means, P.E. Vice Pr~dmt grdson, ?,f. dler, Barton & Peek, Inc. Authoo. ed this dayof ,1997 Acc_~ted this dayof ,1997 ,0. ,~-. ?' (// WILSON, NllLLER, BARTON ,St ?L~K. INC. ~z~ ~,,,~,. ~... s~,,~ ~. ~a~,.. ~o,,a~ mO~-S~O:- ~ ~,-~-40~0 ~. ~,.~-~;,~ NOV - ~ ~97 ~b S~tc: www. wd~mm,ll~.com E.mad: napl~*~wd~mmdlt~.c~ ~..,.... :. ~g /7 , WMB&? $CrrEDLrL~'. OF FEES Effective August :30, I997 ~PROFESSYONAL STAFF PC I Professional Consultant L~el I $55.00/H.,'. PC I1 Professional Consultant Level ri 70.00/Hr. PC IH Prof~sional Consultant Level 1TI' gS.00/Hr. PC IV Professional Consultant Level IV : 95.00~r. PC V Professional Consultant Level V 110.00/Hr. PRN Principal of thc F'm'n 13$.00/Hr. fiUPPORT STAFF GT1 Computer Technician I 45.00/Hr. GT2 Computer Technician H $$.00/Hr. CT3 Computer Technician ltl' 6$.00/H.r. FT1 Field Techrd¢ian I 45.00/Hr. Fr2 Field Techrdcian II 55.00IHt. Fr3 Field Technician HI 60.00/Hr. AMA1 Administrative Assistant I 35.00/Hr. AMA?. Administrative Assistant H 50.00/Hr. CW2 2 Person Fiel~i Crew .5$.00/H.r. (Add $I $.00/Hr. for each addition crew member) Reimbursable expenses, such as vehicle travel, LD telephone, printing, survey materials, will be bi/led at W'dson l~aller standard rates (Schedule aml/able on request). Ail other out-of-pocket expe. nt~ will bc billed at cost. - NOV - i PROFESSIONAL CONSULTANT LEVEL DESCRIPTION LEVEL I LEVEL II LEVEL III LEVEL IV LEVEL V PRINCIPAL OF ~ FIRM: Individual having earned a BS or BA degre, e' fi.om an accredited un]ver~hy. 0 to 3 years professional experience. Degreed |ndlviduaI either pre-reg|stration or recently registered with 2 to $ years of professional experience; or individual having earned a MS, MA, or Ph.D. with 0 to 3 years prof'ess]onal experience. Registered professlonal, or equivalent, with $ to I0 years of professional experience. Registered professional, or equivalent, with g to 12 years of professional experience. Sen~or level registered professional, or equivalent, with 12+ years ofpro£ess[onal experience. W'dl/am L. B~rton, PE; Thom~< R. Peek., PE, PSM; AJ~ D. Reynolds, AZCP; Fermin A. Diaz, PE; .~'ohn E. Boutwell, PSM.; Michael A. Kcnnedy, PE; Cli/t' Schneider, PE; Arlen D. White, AZCP; T'unothy P. Durhz~ PE; Stephen A. Menns, PE; George G. C-/bala, PSM. A(:ENOA. ITE... "0././.,~,~(/') NOV - 1997 MIL BLU OVP COP OVM BON PLM 0.31 1.00 /FA 0.20 / SF 0.10 / EA 9.00 / EA 1.50 / SF 3.00 / EA 25.00 / EA EXECVTIVE ~UMMAR~ TOAi~PROVE T~q~SHERIFF'S OFFICE AWARD FOR EXPENDITLrRES ATT HE IM~4OKALEE JAIL CENTER RELATED TO THE ACQUISITION OF EQUIP~ENT AND APPROVE THE BUDGET A/~ENDM]~NT. 9BJECTIVE~ To gain Board approval for expenditures related to Fund 301 equipment purchases over $15,000 and to approve the applicable budget amendment. CONSIDERATION$ In the adopted FY 1996/97 Fund 301 appropriations were approved (account 301-611010-764360-01500) in the amount of $43,500.00 to fund the replacement of the Immokalee Jail Center freezer/coolers. Funds were not encumbered before September 30, 1997 to complete the project. Therefore, the funds reverted to Fund 301 carryforward. The Sheriff's Office has attempted to maintain the freezer/cooler units in a cost effective manner. Professional assessment of the units indicates that the units have deteriorated to conditions that will manifest continuing problems that will not be practical to repair. The Sheriff's Office issued a Request for Proposals in accordance with their administrative procedures to obtain replacement costs of the freezer/coolers. The replacement costs are more than the $15,000 allowable cap to spend from Fund 301 without Board approval ($43,500.00). 1997/98 Fund 301 reserves are adequate to fund the Immokalee Jail Center freezer/coolers. Approval of expenditures over the $15,000 allowable cap without BCC approval is necessary in order to purchase the equipment. A budget amendment is necessary. FISCAL IKPACT; Funds in the amount of $43,500.00 are available in Fund 301 reserves 301-919010-991000-0. The funds will be transferred to the Immokalee Jail Laundry/Kitchen project (01500) budgeted in the Sheriff's LawEnforcem.~nt Cost Center (611010). gROWTHMANAGEMENT IKPAgT~ None. ~E~QMMENDATION~ To approve expenditures for replacement of Fund 301 budgeted equipment over the allowable $15,000 cap without BCC approval and approve the necessary budget amendment. pRepARED BY~ Greg Sm{~, 'J~il Administrator REVIEWED BY~ APPRQVED BY~ DATE; ~SJcev~~ne_lf, County Puz~hasing Director Qctober 22. 1997 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE ATTACHED BUDGET AMENDMENTS WHICH INCREASE RESERVES FOR DEBT SERVlCE AND GRANT REVENUES. I OBJECTIVE: To increase grant revenues so that lhe budget reflects the actual amount of grant revenues to be received on each new capital project budgeted in 15'98 and to pledge the grant money for repayment of the debt Io be Incurred Io cash flow the projects by establishlng a reserve for debt service. CONSIDERATION: The Au~ho~ty's capital projects are funded by grants and matches f~om the County's General Fund. The grant funding is received on a rel~ment basis so the .N,.,thority has to borrow money up front to pay for the project expenses be. lng funded by the grant. VVhen the original project budgets were established, only the grant anticipation notes or loan proceeds were budgeted. Therofore. the grant proceeds need to be budgeted and earmarked for payment of the debt incurred to cashflow the project. GROWTH MANAGEMENT: None. FISCAL IMPACT: The budget amendment will increase grant revenues by :$588,000 and reserves for debt service by $588,000 in Fund 496. RECOMMENDATION: That the Board of County Commissioners approve the attached budget amendments which will Increase the following accounts: Grant Revenue (496-192341-334492-33354) 120,000 Grant Revenue (496-192342-334492-33361) 16,000 Grant Revenue (4~0-192340-334492-33358) 145,000 Grant Revenue (496-192340-334492-33359) 251,000 Grant Revenue (496-192340-334492-33357) 56.000 Reserve for Dobt Sewice (496-g19010-992000-33354) 120,000 Rese..;e for Debt Service (496.919010-992000-33361) 16,000 Reserve for Debt Service (406-919010-992000-33358) 145,000 Reserve for Debt Service (496-919010-992(XX)-33359) 251,000 Reserve for Debt Service (496-919010-992000-33357) 56,000 PREPARED BY: REVIEWED BY: DATE: DATE: AGENDA. ~Z.TEH "o. ~ i, (?Jl NOV - 1997 Pg-.,, I EXECUTIVE SUMMARY APPROVAL Of AIRPORT AUTHORITY CAPITAL FUND BUDGET AMENDMENTS. OBJECTIVE: To eliminate the transfer of funds from the Air'pod Authority Capital Fund (496) Io the 1981 Commercial Paper Fund (299) and lo amend lhe budgeted debt service expenditures in both funds to reflect commercial paper debt service expenditures being made directly from the Airpod Capital Fund. Also, !o eliminate certain FDOT reimbursement grant revenues from the FY 98 budget that were actually received in pdor fiscal years and Io increase FY98 carry forward in the Airport Capital Fund to reflect the prior-year receipts. CONSIDERATION: The Authodty's capital projects are funded by grants and matching requirements from the County's General Fund. The grant funding is received on a reimbursement basis so the Authority has to bon'ow money up front lo pay for the project expenses being funded by the grant. Approval of the subject budget amendments will con'ect the budget to reflect actual anticipated revenues and expenditures. The Clerk's Finance Department records the applicable debt liability on the Airpod Authority Capital Fund (496) balance sheet; also, since the Airport Capital Fund is an enterprise fund, it would be more appropriate to reflect the true expenditures in the Airport Capital budgel rather than as an operating transfer to the debt service fund. GROWTH MANAGEMENT: None. FISCAL IMPACT: The budget amendments will: (1) Decrease Airport Capital Fund (496) transfers out by $623,300 and increase debt service expenditures by the same amount. (2) Decrease 1981 Commercial Paper (299) transfers in by $623,300 and decrease debt service expenditures by the same amount. This represents a net decrease in fund revenues with an offsetting decrease in fund expenditures. (3) Decrease FDOT Grant revenue in the Airport Authority Capital Fund (496) by $525,200 and increase carry forward revenue in the same fund by the same amount. This represents no net increase or decrease in total fund revenues. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendments to change the fund from which certain debt service expenditures are made and increase Airport Authority Capital Fund (496) carry fonvard to reflect prior year receipt of certain FDOT reimbursement grants. PREPARED BY: REVIEWED BY: APPROVED BY: C)