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Agenda 10/14/2003 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS "Z- - _% AGENDA October 14, 2003 9:00 a.m. CLERK TO BOARD 4TH FLOOR FP:3 IND:I CV:0 Tom Henning, Chairman, District 3 Donna Fiala, Vice - Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99 -22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS ". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. October 14, 2003 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Steve Wigdahl, Emanuel Lutheran Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. September 9, 2003 — BCC Regular Meeting C. September 10, 2003 — BCC Regular Meeting D. September 10, 2003 — BCC /LDC Meeting E. September 16, 2003 — BCC /Emergency Meeting F. September 16, 2003 — BCC /Legislative Initiative Workshop G. September 30, 2003 — BCC /Franchise Fees and TDR Workshop 3. SERVICE AWARDS Twenty Year Attendees: 1) Joanne Soprano, Library 2) Wanda Warren, Building Review and Permitting 4. PROCLAMATIONS A. Proclamation to designate the month of October as National Alliance for the Mentally ill. To be accepted by Kathryn Leib Hunter, Executive Director of NAMI of Collier County. B. Proclamation to pledge support towards the efforts of Sheriff Hunter and the Collier County Sheriff Office for 2004 to be Year of Safe Roads. To be accepted by Sheriff Don Hunter. C. Proclamation to designate the week of October 24 through October 31, 2003 as Red Ribbon Week. To be accepted by Angela Hignite and several others on behalf of the Substance Abuse Coalition. 5. PRESENTATIONS 2 October 14, 2003 6. PUBLIC PETITIONS -- A. Public Petition request by Mr. Robert Hartman to discuss Tax Certificate 97- 213, Stokes Avenue, Immokalee, FL. B. Public Petition request by Mr. Thomas Sansbury to discuss a resolution supporting creation by Special Act of the Ave Maria Stewardship Community District. C. Public Petition request by Mr. Thomas E. Conrecode to discuss a Resolution regarding establishment of a Chapter 189 Special District, Big Cypress Stewardship District. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be Provided by Commission members. CU- 2003 -AR -3954, Jerry C. Neal, P.E. representing R. H. of Naples requests Conditional Use #1 of the Rural Agricultural Zoning District for the purpose of earthmining. The property to be considered for the conditional use is located north of U.S. 41 and east of Greenway Road, in Section 7, Township 51 south, Range 27 east, Collier County, Florida. This property consists of 42.33 acres. B. This item continued from the September 23, 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CCSL- 2001 -5 /AR -1922, Brett Moore of Humiston and Moore Engineering, representing the Vanderbilt Beach Motel; requesting a variance from the Coastal Construction Setback Line (CCSL) to allow construction of a multi -story residential building, a parking structure, two swimming pools with extensive paver decking, and a wooden boardwalk connecting to a handicapped beach access ramp all of which are located on property known as the Vanderbilt Beach Motel with a street address of 9225 Gulfshore Drive North in an area generally known as Vanderbilt Beach and more particularly described as Lot 4, Block A, Conners Vanderbilt Beach Estates Unit No. 1, located in Section 32, Township 48 south, Range 25 east, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ- 2003 -AR -4041 J. Gary Butler, of Butler Engineering Inc., representing Spinelli Land Holdings LLC, requesting a rezone from "A" Rural Agricultural to "RSF -4 (3)" for a single - family development. Property is located on the south side of Golden Gate Canal '/2 mile east of Livingston Road and 1 mile north of Radio Road, Section 31, Township 49 south, Range 26 east, Collier County, Florida, consisting of 40+ acres. 3 October 14, 2003 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Hispanic Affairs Advisory Board. B. Appointment of member to the County Government Productivity Committee. C. Confirmation of member to the Collier County Planning Commission. D. Item continued from the September 23, 2003 BCC Meeting. Discussion regarding FL Statute 193.703, Reduction in assessment for living quarters of parents or grandparents. (Commissioner Henning) E. Appointment of member to the Historical /Archaeological Preservation Board. F. Confirmation of member to the Collier County Citizens Corps. G. Appointment of members to the Golden Gate Estates Land Trust Committee. H. Appointment of member to the Immokalee Enterprise Zone Development Agency and the Immokalee CRA Advisory Board. 10. COUNTY MANAGER'S REPORT A. Adopt resolution to approve transfer of Florida Water Services Corporation's Marco Island and Marco Shores Utility Systems to the City of Marco Island and to waive the transfer application fee of $2400 as recommended by the Collier County Water and Wastewater Authority. (Joseph K. Schmitt, Administrator, Community Development) B. Approve developer agreement with Collier Land Development Inc., for proportionate fair share of costs associated with the future Lely Canal Storm Water Improvements Project and other storm water projects. (Norman Feder, Administrator, Transportation Services) C. Consider a Tourist Development Category "A" Beach Renourishment/Maintenance Funding Policy as recommended by the Coastal Advisory Committee and the Tourist Development Council. (Jim DeLony, Administrator, Public Utilities) 4 October 14, 2003 D. Report to the Board regarding the management of County contracts. (Steve Carnell, Director, Purchasing Department) E. Seek Board approval to install permanent median opening improvements at Palm Drive and Harrison Road and Teryl Road at an estimated cost of $67,000. (Norman Feder, Administrator, Transportation Services) F. Report and ratify staff - approved change orders and changes to work orders to Board approved contracts. (Steve Carnell, Director, Purchasing Department) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners waive trial court costs in the amount of $1,433.31 in the case of Vanderbilt Shores Condominium Association Inc., et al, v. Collier County, Case No. 01- 5080 -CA, now pending in the Second District Court of Appeal (otherwise known as the "Bellagio Grande" Case). B. To inform the Board of the action taken by the County Attorney and staff regarding Friends of Gummi Inc.'s petition in Collier Court for approval to appoint investigator. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 5 October 14, 2003 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition AVESMT2003- AR3920 to vacate, renounce and disclaim the County's and the Public's interest in easements recorded by separate instruments in the Public Records of Collier County, Florida. Located in Section 30, Township 48 south, Range 26 east, Collier County, Florida. 2) Approval of agreement between Collier County and the Collier County Housing Authority (CCHA) for the administration of the Tenant -Based Rental Assistance (TBRA) Program for the purposes of providing individual households with assistance for the payment of rent, security deposits, and utility deposits. 3) Request to grant a conditional final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Bridgewater Bay Unit One" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 4) Request to approve for recording the final plat of "Arrowhead Reserve at Lake Trafford — Phase Two ", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 5) Recommendation to approve Commercial Excavation Permit No. 59.868 "Stewart Earth Mining ", located in Section 18 and 19, Township 46 south, Range 29 east; bounded on the north and west by existing citrus groves, on the south by vacant land and existing citrus groves, and on the east by vacant land and a farm building. 6) Approve an increase in expenditure authorization in the amount of $400,000 in the FY04 Tourism Advertising and Promotion Fund (194) with a corresponding decrease in reserves for contingencies to further promote tourism in Collier County and approve a related budget amendment. 7) Approval of agreement between Collier County and the Empowerment Alliance of Southwest Florida Community Development Corporation for affordable housing activities and operating expenses. 8) Approval of Tourism Agreements for grants and sponsorships for FY2003 -04, to find that the projects are in the public interest by promoting tourism in Collier County and to authorize payment of all expenses related to those projects. 9) Board of County Commissioners acting as the Community Redevelopment Agency. Obtain direction to implement a program that utilizes a portion of the Tax Increment Financing (TIF) funds allocated to the Immokalee Community Redevelopment Area as a designated funding source for the Immokalee Residential Deferral Program, Property Tax Stimulus Program and Fee Payment Assistance Program, and directing staff to draft all required ordinances and/or amendments necessary for implementation of the program for future consideration by the Board of County Commissioners. 6 October 14, 2003 10) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Livingston Road, Phase Two (Mediterra entrance to Lee County Line) ". 11) Proposed amendment to Resolution 2003 -335 which established a fee schedule of development related review and processing fees as provided for in Division 1.10 of the Collier County Land Development Code. B. TRANSPORTATION SERVICES 1) Approve the purchase of 3.55 acres of land required for a stormwater retention and treatment pond for the Santa Barbara Boulevard Expansion Project. (Fiscal impact: $321,837) 2) Approve the purchase of 2.96 acres of land required for a stormwater retention and treatment pond for the Santa Barbara Boulevard Expansion Project. (Fiscal impact: $268,365) 3) Approve selection committee ranking of firms for contract negotiations for RFP #03 -3553, "Engineering and Permitting Services for Capacity Improvements to Collier Boulevard from US 41 to Davis Boulevard ", County Project No. 60001. 4) Board approval of quotes under Contract #03 -3495 concrete /pavement contractors for "Countywide Sidewalk Projects" and the issuance of a purchase order in the not to exceed amount of $592,400 to Cougar Contracting Specialties Inc. 5) Status report regarding Collier County Landscape Beautification Master Plan and to approve implementation and funding. 6) Board approval to sign and execute an agreement between Collier County and the Commission for the Transportation Disadvantaged. 7) To obtain Board approval to award RFP #03 -3505 "Transportation Roadway Asset Inventory Database" and authorize staff to commence negotiations. Estimated fiscal impact to be $250,000. C. PUBLIC UTILITIES 1) Recommendation to award Bid No. 03 -3513 — Purchase and Delivery of Wallace and Tiernan Lime Slaker to LOC Pump and Equipment Inc., in the amount of $85,474. 2) Recommendation to award Bid No. 03 -3541 — Purchase of one (1) carbon dioxide system to TOMCO2 Equipment Company in the amount of $73,650. 7 October 14, 2003 3) Approve the 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. Fiscal impact is $36.00 to record the liens. 4) Adoption of a resolution approving special assessment hardship deferrals for certain sewer special assessments for the 2003 tax year. The fiscal impact is $16.00 to record the resolution. 5) Approve Work Order CDM- FT -03 -03 for engineering services to seek modification to the South Florida Water Management District Water Use Permit for withdrawal of water from the Golden Gate Tamiami Wellfield in the amount of $87,500 Project 70158. 6) This item has been deleted. 7) Approve a resolution authorizing the submission of a loan application to the Florida Department of Environmental Protection (FDEP) for the wastewater capital projects pre- construction in the amount of $7,556,000; authorizing the loan agreement; establishing pledged revenues; designating authorized representatives; providing assurance; and providing for conflicts, severability, and effective date. 8) Authorization to execute and record satisfactions for certain water and/or sewer impact fee payment agreements. Fiscal impact is $31.50 to record the satisfactions. 9) Adopt a resolution approving the satisfaction of lien for a Solid Waste Residential Account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. 10) Adopt a resolution approving the satisfaction of lien for a Solid Waste Residential Account wherein the County has received payment and said lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. 11) Adopt a resolution approving the satisfaction of lien for a Solid Waste Residential Account wherein the County has received payment and said lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $16.50 to record the lien. 12) Approve submission of a request to the U.S. Army Corps of Engineers to initiate a Collier County Shore Protection Project, and approve coordination with Congressman Goss' Office to pursue a Congressional Resolution in support of initiating the project. 13) Approve an assignment of reimbursement to developer agreement for the costs of construction of a wastewater force main to serve the M & E Trailer Park. 8 October 14, 2003 14) Approve submission of a grant application for and resolution in support of a Florida Department of Environmental Protection Grant to contribute - to the renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples beaches. 15) Approve a work order under Contract #01 -3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning and Engineering for developing a public information program for the County /City of Naples major beach renourishment, Project 90527, in the amount of $8,491. 16) Approve a joint coastal permit application for the renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples beaches, Project 90527, and payment of fees not to exceed $30,000. 17) Approve submission of a grant application for and resolution in support of a Florida Department of Environmental Protection Grant to contribute to the renourishment of Marco Island South Beach. 18) Approve a purchase order, under Contract #02 -3360, with Lightner Contracting Inc., for grading Marco Island from Tigertail Park to Residents' Beach, in the amount of $15,000. 19) Approve a work order and purchase order for the project to renourish Hideaway Beach with Upland Sand, Project 90541; a work order with STD Enterprises of Naples Inc., under contract #02 -3305, transport, placement and grading of beach sand, in the amount of $387,250; and a purchase order with E. R. Jahna Industries Inc., under Contract #01 -3272, production of beach compatible sand, in the amount of $183,400. 20) Approve a work order, under Contract #01 -3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers for Hideaway Beach renourishment with Upland Sand Construction Monitoring Services, Project 90541, in the amount of $20,450. 21) Approve a joint coastal permit application for the renourishment of and replacement of temporary t- groins on Hideaway Beach, Project 90502, and payment of fees not to exceed $36,000. 22) Approve a work order, under Contract #01 -3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers for Hideaway Beach Renourishment Design Magnetic Anomalies Investigation, Project 90502, in the amount of $15,829. D. PUBLIC SERVICES 1) Approve an agreement with the District School Board of Collier County for transporting school -age recreation program participants at an estimated cost of $70,000. 9 October 14, 2003 2) Approval to dedicate Capri Park to the memory of Doc Loach. 3) Approve and fund a short-term maintenance schedule for Shell Island Road, in an amount not to exceed $30,000. 4) Reject proposals received under RFP 01 -3228 "Design of the Vanderbilt Beach Parking Facility ". E. ADMINISTRATIVE SERVICES 1) Request Board approval for a first amendment to lease agreement between Collier County and Crown Castle GT Company at an annual cost of $6,300. 2) Approve amendments to Coastal Zone Management Engineering Contracts to adjust fee schedules for Consumer Pricing Index. 3) That the Board of County Commissioners (BCC) approve the Collier County Driver Education Grant Program to fund the direct education expenses of driver education programs in both public and non - public high schools. 4) Request Board approval of a lease agreement between Collier County and South Seas Northwest Condominiums at an annual coast of $600. 5) Approval to award Bid No. 03 -3554 for the purchase of paint and related items used in county repairs, maintenance and beautification, estimated at $55,000. 6) Approve contract amendment involving Contract #03 -3493 "Grey Oaks Public Safety Facility ". 7) Approval of a Risk Sharing Agreement between the Naples Physician Hospital Organization d /b /a Community Health Partners, Inc., and Collier County Government. F. COUNTY MANAGER 1) To adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2002- 03 Adopted Budget. 2) Approval of budget amendment report — BA #04 -005 in the amount of $24,850 to pay for study of emergency management and preparedness fees compared to other Florida counties; and to recommend potential revenue streams. G. AIRPORT AUTHORITY 10 October 14, 2003 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas request for approval for payment to attend Public Water Access Conference. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Authorize the Supervisor of Elections to enter into an agreement with the City of Everglades for the use of services and voting and tabulation equipment for their election November 25, 2003. 2) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report from September 20 to October 3, 2003 is on display in the County Manager's Office, 3301 East Tamiami Trail, 2nd Floor, W. Harmon Turner Building. K. COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcel 184 in the lawsuit styled Collier County v. Lazaro Herrera, et al, Immokalee Road, Project No. 60018. 2) Recommendation that the Board of County Commissioners approve settlement of certain payment issues that have arisen between and among Collier County, the Clerk of the Circuit Court, and Kraft Construction Company, Inc., in connection with Contract No. 98 -2829 and Contract No. 00 -3064. 3) Approve the stipulated final judgment relative to the acquisition of Parcels 807, 907A and 907B in the lawsuit styled Collier County v. Michael A. McCumber, et a/, Golden Gate Parkway Project No. 60027. 4) Approve the mediated settlement agreement and a stipulated final judgment to be drafted incorporating the same terms and conditions as the mediated settlement agreement relative to the acquisition of Parcel 170 in the lawsuit styled Collier County v. Ismael Gonzales, et al, Case No. 02- 2159 -CA (Immokalee Road, Project No. 60018). 5) Approve the mediated settlement agreement and a stipulated final judgment to be drafted incorporating the same terms and conditions as the mediated settlement agreement relative to the acquisition of Parcel 172 in the lawsuit styled Collier County v. Ismael Gonzales, et al, Case No. 02- 2159 -CA (Immokalee Road, Project No. 60018). 11 October 14, 2003 6) Approve the stipulated final judgment relative to the fee taking of Parcel No. 152 in the lawsuit styled Collier County v. Tech Foundation Inc., et a/, for the Golden Gate Parkway Project (Project No. 60027). 7) Approve the stipulated final judgment relative to the acquisition of road right of way and drainage easements designated as Parcels 157A, 857, 157B in the lawsuit styled Collier County v. Joseph J. Guidish, Jr., et al, Case No. 03- 2549 -CA (Golden Gate Parkway) (Project No. 60027). 8) Item continued from the September 9, 2003 BCC Meeting. That the Board of County Commissioners, as the Governing Body of Collier County and as Ex- Officio Governing Board of the Isles of Capri Municipal Rescue and Fire Services Taxing District and the Ochopee Fire District enter into interlocal agreements with independent fire districts for the purpose of implementing the duties and obligations of the various dependent and independent fire districts with respect to fire plan review and fire code inspections for new construction, construction projects and existing structures within the various districts. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV- 2003 -AR -4207, Gil Strelec, of Kemp Signs Inc., representing Mobil /Exxon Oil Corporation, requesting a sign variance of 10 feet from the minimum rear yard setback of 10 feet to 0 feet for a ground sign for an automotive service station located at 4577 Executive Drive, further described as Quail Creek Plaza Phase 1, Lot 9, in Section 20, Township 48 south, Range 26 east, Collier County, Florida. B. To adopt a resolution approving amendments to the Fiscal Year 2002 -03 Adopted Budget. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA- 2003 -AR -4243, Melanie Beebe requesting a variance of 11.9 feet from the minimum side yard setback of 30 feet to 18.1 feet for the existing single family residence and 12 feet from the minimum side yard setback of 30 feet to 18 feet for the existing utility shed on property located at 245 22nd Avenue NE, further described as Golden Gate Estates, Unit 23, east 180 feet Tract 50, in Section 27, Township 48 south, Range 27 east, Collier County, Florida. 12 October 14, 2003 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA- 2003 -AR -4426, Andrew Solis, Esquire, of Siket and Solis, LLP, representing John J. Slaugh, Owner, requesting a 7.4 foot after - the -fact front yard setback variance from the required 15 feet leaving a 7.6 foot front yard for 1.46 acres of property located in the "E" Estates Zoning District. The property is located at the southwest corner of the intersection of 1g` Street SW and Golden Gate Boulevard, in Golden Gate Estates, specifically in Section 9, Township 49 S, Range 27 E, Collier County, Florida. E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CUE - 2003 -AR -4544, Homere Hyppolite, representing First Haitian Alliance Church, requesting a one -year extension of Conditional Use CU 2000 -08 for a church in the "E" Estates Zoning District located on the west side of County Barn Road in the 2300 Block, described in Section 8, Township 50, Range 26, Collier County, Florida. F. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CUE - 2003 -AR -4257, Jeremy Sterk of Hoover Planning and Development representing Iglesia Herederos De Dios, requesting a one -year extension of Conditional Use CU 2000 -07 for a church, private school and a church run child care facility of the A -MHO Zoning District located on the south side of Lake Trafford Road, approximately 2 % miles west of SR 29, for property hereinafter described in Section 36, Township 46 south, Range 28 east, Collier County, Florida. G. This item has been continued from the September 23, 2003 BCC meeting and is further continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SNR- 2003 -AR -4058 Peter Goodin, Oaks Estates Advisory Inc., and Rich Lidgard, requesting a street name change from 10h Avenue NW to English Oaks Lane for property located in Golden Gate Estates, Unit 96, Township 48 south, Range 26 east, Collier County, Florida. H. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. An ordinance amending Ordinance Number 91 -102, the Collier County Land Development Code, to correct a Scrivener's Error due to inaccurate language in an intended revision to Section 2.6.4.2.1. and by providing for an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. 13 October 14, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 14, 2003 Continue indefinitely Item 91): This item was continued from the September 23, 2003 BCC meeting. Discussion regarding FL Statute 193.703, reduction in assessment for living quarters of parents or grandparents. (Staff) Add Item 10G: Approve a proposed partnership with the Children's Museum of Naples, Inc., for the development of a children's museum at North Naples Regional Park. (Staff request.) Continue Item 16(A)5 to October 28, 2003: Recommendation to approve Commercial Excavation Permit No. 59.868 "Stewart Earth Mining ", located in Section 18 and 19, Township 46 south, Range 29 east; bounded on the north and west by existing citrus groves, on the south by vacant land and existing citrus groves, and on the east by vacant land and a farm building. (Petitioner request.) Withdraw Item 16(B)6: Board approval to sign and execute an agreement between Collier County and the Commission for the Transportation Disadvantaged. (Staff request.) Withdraw Item 16(B)7: To obtain Board approval to award RFP #03 -3505 "Transportation Roadway Asset Inventory Database" and authorize staff to commence negotiations. Estimated fiscal impact to be $250,000. (Staff request.) NOTE: Item 3 1 Joanne Soprano will be accepting her service award at the October 28, 2003 BCC meeting. Item 10C to be heard at 1:00 p.m. Consider a Tourist Development Category "A" Beach Renourishment/Maintenance Funding Policy as recommended by the Coastal Advisory Committee and the Tourist Development Council. PROCLAMATION WHEREAS, the National Alliance for the Mentally III has proclaimed the month of October, 2003 as Mental Illness Awareness Month, and, WHEREAS, Collier County has a local affiliate named the National Alliance for the Mentally Ill of Collier County, commonly known as NAMI- CC; and, WHEREAS, the local affiliate, NAMI -CC, is a member in good standing; and, WHEREAS, the National Alliance for the Mentally Ill of Collier County is dedicated to improving life for our family members and friends with mental illness through support, education, advocacy, and research and, WHEREAS, the National Allian=fid. ally Il/ of Collier County wishes to proclaim Me as Mental Illness W s a j s WHEREAS, the Alliance for the Mentaly Il/atf Gol�.,y wishes to proc/urrhr. #risday, Tu ,sday.Ottolrer ?,�FMenta /Il /ness Awonrraess Day,'- and r WHEREAS, the Jylationa/ Alliance for' Off f*Rtally .� /l ho, f by passing -- thin proclamation we will rase 'awarerress abot{t aI /dental i / /esses, and: reduce the s tignta that current/}r +sts about mfn #al illness. Ate, mmissioners NOW THEREFORE b+� !t_avroclainvcd by the Boord of,'�° of Colmar ,ex aty, Florida that ,t4e o h o tuber, 2003 be designated MENTAL ILLNESS AWARNE5S M4�VFH"'1"`%ER 7, 2003 BE DESI6NATE0 AS W RENE55 DAY DONE AND ORDERED THIS 14TH Day of OCTOBER, 2003 ATTEST: DWI6 E. sROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, LORIDA TOM HENNINB, CHAIR AGE TEM No._. 1K CT 14 2003 Pg. N --- f PROCLAMA TION WHEREAS, the. World Health Organization has declared the theme for 2004 World Health Day as "Safe Roads Day; " and, WHEREAS, the Collier County Sheriffs Office recognizes that the issue of traffic safety is of great concern to the citizens of Collier County, and, the human and economic losses that result from traffic crashes are horrific and of great detriment to the Collier County community.- and, WHEREAS, the Collier County Sheriff's Office is dedicated to making Collier County a safe place to live, work and drive, and, WHEREAS, the Collier County "V to ¢pfdged to lead the Collier Cowdy 09TMI ruty oq its- pat1�,A sc� e, roads, and, WHEREAS, the Board of County eommi fsiopers p d#ff ' c "part towards the .ff�s of Sheriff DQn Htinter and the County 511e 's Office.' NOW THEREFORE, ,be it proclaimed. by the Board of County C�nissioners of Collier County, 'Florida, that ZLV4 is declared. t'� YEAR OF SAFE,ROADS DONE AND .ORDERED. THI5 14th Day of CJIc +2003. °�.:, SSIOEBO RS A C FLORIDA TOM HENN1'N6, C AN ATTEST: DWIGHT E. BROOK, CLERK AGT17LTEM No. OCT 14 2003 P9•—L� PROCLAMATION Y WHEREAS, prevention resources have been dramatically cut, programs and community based efforts are asked to do more with less and community services compete for remaining limited support; and, WHEREAS, substance abuse is the most common risk fact r impacting our behavioral health, particularly for our young people, furthering delinquency, teen prsgnaney, HIV /AIDS, child abuse and wokncs and so forth; and, WHEREAS, families face unprecedented pressures and stress imposed upon them by the overwhelming nature of today's society; and, WHEREAS, prevention and intervention efforts continue' to influence non-use of alcohol, tobacco and other drug abuse, it still remains prevalent in every Florida community, • and, WHEREAS, Floridians must recommit to strengthening families, neighborhoods, and communities and educating our citizens about prevention in every Florida community; and, WHEREAS, research and data reflect unquestronab/y that prevention works and that our commitment to education, prevention and positive lifestyles is imperative; and, WHEREAS, the Red RibbaW: nepvwentt'ii4e l*tians,. united effort to support prevention and buffd heaJfhy vWnd soft corluanrio ties and to remember the brutal murder of federal Agent Enrigi[e Calerena Qnd WHEREAS, the 2003 Florida Red Ribbon Celebration the importance of le and create an Wt in which our supportb�g Our )'Dung poop ng f�k? youth may flourish. and WHEREAS, the Florida prevention Association. Inc _? coorldln year round prtirNfgtian programs throughout, the state, aril WHEREAS, the 2003 Florida Red Ribbon Celebration asks that #Ir4r citizens of Mwida become motivated and, involved in alcohol aW 04-o ' drug abuse prenind'ian. }{ , NOW THEREFORE, be it proclaimed by the Boord of County, GPggoSsibners of Collier County, Florida, that the .week, Qf October ?'4u' - 41f� 20q bar 'hfs- "ynoted as RED R1'ff,P�►1� N'Ef�� : and encourage all Co/&W'!Ftus ?o wear a red ribbon to symbolize our commitment to Healthy and safe environments for each citizen, and to participate in events throughout the week and throughout the year that support positive lifestyles. DONE AND ORDERED THIS 14th Day of October 2003. ATTEST: DWI6HT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNZAA5, CHAIRMAN AGENI� TEM No OCT 1 4 2003 P9.— I 7;A COQ COUNTY MANAOO's OFFICE 3301 East Tamiami Trail • Naples, FL 34112 a 239 - 774 -8383 • Fax 239 - 774 -4010 September 24, 2003 Mr. Robert Hartman 520 Tigertail Court Marco Island, FL 34145 Re: Public Petition Request to Discuss Tax Certificate 97 -213, Stokes Avenue, Immokalee, FL Dear Mr. Hartman: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 14, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. and Therefore, your petition to for action by the Board at should be to advise them of your con a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building h(Building ��Fanditoh respond to government inquiries by Please arrange to be present a 9 Board members. if you require any further information or assistance, please do not hesitate to contact this office. S' erely, James V. Mudd County Manager JVM /jb cc: David Weigel, County Attorney Joe Schmitt, Administrator, C.D. &E.S. GCT 14 2003 t C° 0 1 ��i • r C_ Request to Sneak under Public Petition RECEIVED f'711KrY 6MM! -I -R CTFICE SEP Z Z 2003 Please print ACTtok _ Name: h'o b e r f C , �!a r f rrr cln FILL,__ �.... ..._ .. Address: S20 7-* We 1 - Phone: 34!g - 8 30 Date of the Board Meeting ,you-wish to sneak: 0c/-. Please explain in detail the reason you are requesting to sneak tattach additional page if necessary r -Z r r • " 14 lz PCB o C^ a r /9 N O C � P_L J°�t- .. , i r {a J�eeg ::cc. � L r /= P- r g L cz� �Y 1 L71-4c we•rl< s�nr� cI Pv- /nciroar/ IeTAeLcad 6 veQ Q t 4 z iro 3 22 4 l 0 J-6 I i 74 222 L 3 -7- 5' -a75- ;Z 7s- .7 so T 15 30S 47,838 10s-/f3 Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): r I i r r y r r i i �, - • rI t r - r H:iPutacPsKft .R**mi tFosn.doa OCT 14 2003 I, COLLIER COUNTY NTANAGER' S OFFICE 3301 East Tamiami Trail • Naples, FL 34112 • 239-774-S' )83 • Fax 339 -774 -4010 September 26, 2003 Mr. Thomas W. Sansbury Director of Community Affairs Barron Collier Companies 2600 Golden Gate Parkway Naples, FL 34105 Re: Public Petition Request to Discuss a Resolution Supporting Creation by Special Act of the Ave Maria Stewardship Community District Dear Mr. Sansbury: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 14, 2003, regarding the above referenced subject. Your petition to the Board of uo,inty Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, IV James V. Mudd L County Manager JVM /jb cc: David Weigel, County Attorney Joe Schmitt, Administrator, C.D. &E.S. 1 C . 0 C fir' i t Y Barron llier Co COMPANIES September 25, 2003 Jim Mudd, County Manager Collier County 3301 East Tamiami Trail Administrative Building Naples, Florida 34112 Re: Request to Agenda a Resolution supporting creation by Special Act of the Ave Maria Stewardship Community District Dear Countv vlanager: Regarding the referenced subject and on behalf of the Barron Collier Companies, I respectfuliv request that you agenda for the October 14, 2003, Board of County Commissioners meeting an item for public hearing on October 28, 2003 to consider and adopt a resolution. The purpose of the resolution, as we discussed with you today, in accordance with the provisions of Section 189.403, Florida Statutes, is to convey to the Collier Countv Legislative Delegation the support of your Board to create the Ave Maria Stewardship Community District in Eastern Collier County by Special Act. I shall be pleased to respond to any questions and we will continue to work with your office and the office of the County Attorney on the resolution and the Special Act. Sincerely, BARRON C(4LLIER, C :NVA:vIES Thomas W. Sansbu Director of Co in pity Affairs Cc: Ken van Asserderp, Enquire George Varnadoe, Esquire Blake Gable T 1423 n L l _'600 C OLDEEN GATE P.ARj,-wAY • N;PLEJ, FLORIDA 34105 • (239) 262 -2600 • R-VX (:39) 262 -2589 i .� COLLIER COUNTY MANAGER' S OFFICE 3301 East Tamiami Trail • Naples, FL 34112 • 239- 774 -8383 • Fax 239- 774 -4010 October 1, 2003 Mr. Thomas E. Conrecode, P.E. Vice President, Governmental Affairs Collier Enterprises, Ltd. 3003 Tamiami Trail North #400 Naples, FL 34103 Re: Public Petition Request to Discuss a Resolution Regarding Establishment of a Chapter 189 Special District. Dear Mr. Conrecode: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 14, 2003, regarding the above referenced subject. •-�. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be* to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sin rely p !'/, ames V. Mudd County Manager JVMfJb cc: David Weigel, County Attorney L: f 14 2003 c o c x K: „y • COLLIER ENTERPRISES - -_ LTD. Mr. Jim Mudd County Manager Collier County 3301 East Tamiami Trail, 2 "d Floor Naples, FL 34112 Re: Chapter 189 District Dear Mr. Mudd: 3003 TAMIAMI TRAIL N., #400, NAPLES; FL 34103 /PHONE 947/261•=4455 October 1, 2003 '3 Pursuant to your direction during our meeting earlier today, we hereby request an opportunity to petition the Board of County Commissioners at their October 14, 2003 meeting for a resolution regarding establishment of a Chapter 189 Special District. With their concurrence, we would anticipate the resolution and a brief presentation at the October 28 meeting. Sincerely, Thomas E. Conrecode, P.E. Vice President, Governmental Affairs OCT 14 2003 REAL ESTATE, AGRIBUSINESS AND FINANCIAL SERVICES EXECUTIVE SUMMARY CU- 2003 -AR -3954, JERRY C. NEAL, P.E. REPRESENTING R.H. OF NAPLES REQUESTS CONDITIONAL USE #1 OF THE RURAL AGRICULTURAL ZONING DISTRICT FOR THE PURPOSE OF EARTHMINING. THE PROPERTY TO BE CONSIDERED FOR THE CONDITIONAL USE IS LOCATED NORTH OF ST, U.S.41 COLLIER COUNTY FLOR DA. THIS PROPERTY OCONSISST OF 42.33 SOUTH, RANGE 27 EAST, ACRES. OBJECTIVE: Staff is requesting that the Board review staffs findings and recommendations along with the recommendations of the CCPC regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERATIONS: The petitioner seeks a Conditional Use for a commercial type III -B excavation operation to allow approximately 110,238 cubic yards of material to be removed from the site. The 110,238 cubic yards represents Phase II of a total proposed excavation of 499,778 cubic yards. Phase I of the excavation removed 389,540 cubic yards of material. Phase I was permitted by CU- 96 -21, approved on August 26, 1997, by the Board of County Commissioners. The original Conditional U 0. stipulated a maximum three year period for the operation, which terminated on August 26, The Commercial Excavation Permit, Number 59.583, issued subsequent to the approval of CU -96- 21, established the maximum amount of material to be excavated at 491,000 cubic yards. The Commercial Excavation Permit expired on March 27, 2001. The mining activity at the site, for the past two years, has been operating outside of the permitted time frame established by the original Conditional Use and the Commercial Excavation activities at On site until Ohe, Conditional Use and was issued to RH of Naples to susp end a t Commercial Excavation permits are obtained. This application is before the Board of County Commissioners to correct that error and to increase the amount of material that can be excavated from the site by 8,778 cubic yards. If the Conditional Use application receives approval, then the Engineering Services staff can process the new Commercial Excavation Permit, EXP- 2003 -AR -3960, for the site. The Conditional Use application has been assessed an after- the -fact fee. Due to the proximity of the nearest residential structure, the hours and days of operations will be limited and the length of the conditional use is recommended to be limited to one year. The number of residential homes in the area has increased since the original Conditional Use was approved, and with a development�hOver the begun a planning rural sparse development, to low density residential ITEM No. OCT 1 `+ 2003 Page 1 of 4 / horizon, the character of the area will certainly continue the transition to residential development, and due to this fact,.-the operation will be required to be completed within a one -year time frame. The site is expected to average 52 haul trips accessing the site per day for the time period provided. The result of the mining activity will be a 32 -acre lake on the 42 -acre property, which when complete will add to the aesthetic value of the area. If granted approval for Phase II, through this Conditional Use, the 110,238 cubic yards of material will be committed to one end user, Habitat for Humanity. The commitment to the Habitat site, which is located to the west of the subject site off U.S. 41, will restrict haul activity from the excavation site to one set location. The proposed excavation site is to be limited to one loader to load the trucks, which will limit the number of trucks entering and leaving the site and making the flow of trucks evenly distributed throughout the course of the day. The Traffic Impact Study submitted by the applicant indicates 52 daily round trips from the site to the Habitat site utilizing Marete Road and Greenway Road; and U.S. 41. The site is located about 1,300 feet east of the intersection of Greenway and Marete Road. Marete Road was improved from 18 feet of gravel to 24 feet of asphalt by the applicant as stipulated by the County within the original Conditional Use. R.H. of Naples, in association with the previous Conditional Use, was also required to construct a left turn lane off U.S. 41. Both of these improvements will be utilized by the operation if the Conditional Use application receives approval. .-- The parcel is located wholly within the "A" Rural Ag6vultural zoning district. Excavation operations, not incidental to the agricultural development of the property, are allowed within the Rural Agricultural district as a Conditional Use. FISCAL IMPACT• There are no fiscal impacts to the County other than the fees imposed upon the applicant in relation to the Commercial Excavation Permit. The applicant must receive approval of, and pay the appropriate fees for, an excavation permit that includes; the application fee,-the cubic yardage fee and the annual renewal fee. As part of the excavation permit approval process, the applicant may be required to post a performance guarantee. GROWTH MANAGEMENT IMPACT: Approval of this conditional use will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The environmental staff's analysis indicates that the subject property consists of a fallow farm field with an existing excavation. There are no environmental issues associated with the project. AGENDA ITEM No.�_ OCT 1 � 2003 Page 2 of 4 HISTORIC /ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL EAC RECOMMENDATION: The EAC reviewed the original petition at the April 2, 1997 meeting and recommended approval. Based upon the original approval, this petition was not required to go back before the EAC. This petition was heard at the September 4, 2003 CCPC meeting. The Commission motioned to forward petition CU- 2002- AR- 3954UT oN The I�recommendation PASSED UNANPIMOUSLY. S��CT TO TIC CONDITIONS ATTACHED TO THE PESO PLANNING SERVICES STAFF RECOMMT` u— ATION: Staff has recommended approval subject to the conditions attached to the Resolution. Attorney Neil Morales, representing a property owner, spoke in opposition to the petition at the to continue Planning Commission hearing. Mr. Morales objected been developed in the excavation original due to the number of residential units that have Conditional Use was approved. AGENDA ITEM No. OCT 14 2003 Page 3 of 4 J PREPARED BY: MIKE BOSI, AICP PRINCIPAL PLANNER REVIEWED BY: SAN MURRAY, AICP CURRENT PLANNING MANAGER APPROVED BY: g,- tc., —O:s DATE %171,� 4=- DAT JOSEPJH K. SCH T AT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR ExL�tive summary /CU- 2003 -AR -3954 Page:- of 4 AGENDA ITEM No.___�', OCT 14 2003 Pg. T AGENDA ITEM 74 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: August 13, 2003 SUBJECT: CU- 2003 -AR -3954 PROPERTY OWNER/AGENT: OWNER: R.H. of Naples, Inc. 5645 Strand Boulevard, Suite #3 Naples, FL 34110 AGENT: Jerry C. Neal, P.E. Hole Montes, Inc. 950 Encore Way Naples, FL 34110 REQUESTED ACTION: Jerry C. Neal, P.E., of Hole Montes, Inc., representing R.H. of Naples, Inc., requests approval of Conditional Use 1 of the Agricultural zoning district for earthmining, not incidental to agricultural development, as specified per Section 2.2.2.3.1. of the Collier County Land Development Code on 42.23 f acres. LOCATION: The subject parcel is located at the east end of Marete Road and approximately '/4 mile east of Greenway Road in Section 7, Township 51 South, Range 27 East, Collier County, Florida. The intersection of Greenway Road and Marete Road is approximately' /4 mile north of U.S. 41. CU- 2003 -AR -3954 September 4, 2003 CCPC Pagel of 10 AGENDAITEM No. OCT 1 `2003 p�, J LOCATION MAP DESCRIPTION OF PROJECT: 9 SITE LOCATION Q I i I i I � _ PROJECT LOCATION LOCATION MAP DESCRIPTION OF PROJECT: 9 PETITION ICU. 2003- AR- 3954 SITE MAP The petitioner seeks a Conditional Use for a commercial type III -B excavation operation to allow approximately 110,238 cubic yards of material to be removed from the site. The 110,238 cubic yards represents Phase II of a total proposed excavation of 499,778 cubic yards. Phase I of the excavation removed 389,540 cubic yards of material. Phase I was permitted by CU- 96 -21, approved on August 26, 1997, by the Board of County Commissioners. The original Conditional Use stipulated a maximum three year period for the operation, which terminated on August 26, 2000. The Commercial Excavation Permit, Number 59.583, issued subsequent to the approval of CU- 96 -21, established the maximum amount of material to be excavated at 491,000 cubic yards. The Commercial Excavation Permit expired on March 27, 2001. The mining activity at the site, for the past two years, has been operating outside of the permitted time frame established by the original Conditional Use and the Commercial Excavation Permit. In February of this year, during the Engineering Services' internal audit of the excavation permit files, these expired permits came to the County's attention. This application is before the Planning Commission, and subsequently to the Board of County Commissioners, to correct that error and to increase the amount of material that can be excavated from the site by 8,778 cubic yards. I Use application receives approval, then the Engineering Services staff can Commercial Excavation Permit, EXP- 2003 -AR -3960, for the site. The CU- 2003 -AR -3954 September 4, 2003 CCPC Page 2 of 10 ---o ...V 14v- on5; OCT 1 4 2003 Pg. 6 SITE LOCATION Q I PETITION ICU. 2003- AR- 3954 SITE MAP The petitioner seeks a Conditional Use for a commercial type III -B excavation operation to allow approximately 110,238 cubic yards of material to be removed from the site. The 110,238 cubic yards represents Phase II of a total proposed excavation of 499,778 cubic yards. Phase I of the excavation removed 389,540 cubic yards of material. Phase I was permitted by CU- 96 -21, approved on August 26, 1997, by the Board of County Commissioners. The original Conditional Use stipulated a maximum three year period for the operation, which terminated on August 26, 2000. The Commercial Excavation Permit, Number 59.583, issued subsequent to the approval of CU- 96 -21, established the maximum amount of material to be excavated at 491,000 cubic yards. The Commercial Excavation Permit expired on March 27, 2001. The mining activity at the site, for the past two years, has been operating outside of the permitted time frame established by the original Conditional Use and the Commercial Excavation Permit. In February of this year, during the Engineering Services' internal audit of the excavation permit files, these expired permits came to the County's attention. This application is before the Planning Commission, and subsequently to the Board of County Commissioners, to correct that error and to increase the amount of material that can be excavated from the site by 8,778 cubic yards. I Use application receives approval, then the Engineering Services staff can Commercial Excavation Permit, EXP- 2003 -AR -3960, for the site. The CU- 2003 -AR -3954 September 4, 2003 CCPC Page 2 of 10 ---o ...V 14v- on5; OCT 1 4 2003 Pg. 6 a..''�w• wawa '• - � } - - ` . •. ara.: aa�.. w._a•w. iI_t)o '.. .•.. .. •s_ . F ijfi %.I� - - - - -- tf •_�._ �I .a Ri Ip OCrr 7C -601 1 TPU O,r� -_TT •, 14 1 WE It Ar � Its_ rr Ir rrr nr. n SRI ill IIr rill _ III MARETE EXCAVATION . I !•� _ - EXCAVATION SIZE PLAN _��* + +n + PHASES GREENWAY SITE application has been assessed an after- the -fact fee schedule. If granted approval for Phase II, through this Conditional Use, the 110,238 cubic yards of material will be committed to one end user, Habitat for Humanity. The commitment to the Habitat site, which is located to the west of the subject site off U.S. 41, will restrict haul activity from the excavation site to one set location. The proposed excavation site is to be limited to one loader to load the trucks, which will limit the number of trucks entering and leaving the site and making the flow of trucks evenly distributed throughout the course of the day. The Traffic Impact Study submitted by the applicant indicates 52 daily round trips from the site to the Habitat site utilizing Marete and Greenway Roads, and U.S. 41. The site is located about 1,300 feet east of the intersection of Greenway and Marete Road. Marete Road was improved from 18 feet of gravel to 24 feet of asphalt by the applicant as stipulated by the County within the original Conditional Use. R.H. of Naples, in association with the previous Conditional Use, was also required to construct a left turn off lane off U.S. 41. Both of these improvements will be utilized by the operation if the Conditional Use application receives approval. The petitioner indicates that the employees of the site will arrive at work at 6: G the site will be open for trucks at 7:00 A.M., but as a safeguard to the concerned resits wi OCT 14 2003 CU- 2003AR -3%4 SephwftW4� 2W3 ©CPC Page 3 at f0 I Pg. the area, the staff has placed a restriction on the hours for haul activity to and from the site from 9 A.M. to 4 P.M. There are five houses which border the excavation site. The parcel is located wholly within the "A" agricultural zoning district. Excavation operations, not incidental to the agricultural development of the property, are allowed within the agricultural district as a conditional use. 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in division 2.7.4. 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. SURROUNDING LAND USE & ZONING: SUBJECT: SURROUNDING: North: East: Existing R.H. of Naples Excavation Site, zoned A Residential Structures & Undeveloped tract, Undeveloped tract, zoned A AGENDA OCT 14 2003 CU- 2003 -AR -3954 September 4, 2003 CCPC Page 4 of 10 I ry PQ. UX South: Undeveloped tract, zoned A GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: The petitioner's property, as identified on the Future Land Use Map of the Growth Management Plan, is currently within the Agricultural/Rural Designation (Agricultural /Rural Mixed Use District). Under the Future Land Use Designation Description Section, the Agricultural/Rural Mixed Use District allows excavation or earth mining. As of June 19, 2002, the Collier County Board of County Commissioners (CCBCC) adopted amendments to the Future Land Use Element and the Future Land Use Map, Ordinance 2002 -32. One of the new categories that was adopted [and found to be in compliance with the respective Florida Statutes as mandated by the Department of Community Affairs (DCA)] was the adoption of the Rural Fringe Mixed Use District (RFMUD). At the present moment, the petitioner's property is within this District and is furthermore designated as a "Receiving Land." Furthermore, Receiving Lands permit extraction or earth mining. Future Land Use Element (FLUE) Policy 5.4 requires that all new developments be compatible with and complimentary to the surrounding land uses. Comprehensive Planning leaves this determination to the Current Planning staff as part of their review of the petition in its totality. CONCLUSION: Based upon the above analysis, staff concludes that the propose Conllr€id Use of #1 (extraction or earth mining, and related processing and production incid ntal% OCT 1 4 2 3. CX .-Z „�4R -a%4 Sepw 4.2003 CCPC Page 5 of 10 4 qs Pt- / agricultural development of the property) for the subject site can be deemed consistent with the FLUE. Moreover, this petitioner's Conditional Use application will be deemed consistent with the newly amended FLUE, that being the RFMUD, once it becomes effective. The other applicable element of the GMP for which a consistency review was made is the Transportation Element. Ingress and egress to the site will be provided through Marete Road, which is a paved road. The routing plan provided by the applicant indicates that the proposed excavation will generate 52 trips per day for one -year period. Based on this data, the site - generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on any County road. In addition, the site - generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). HISTORIC /ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. Therefore, no Historical /Archaeological Survey and Assessment is required. Haul Route Plan TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of an excavation on transportation, infrastructure, and the env' MIqW1410 r� ITEM reviewed by the applicable reviewing agencies and their comments and conditic s h v N.. een incorporated into this Staff Report. j 2003 CU- 2003 -AR -3954 September 4, 2003 CCPC Page 6 of 10 I ( U P�. STAFF ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to the site will be provided through Marete Road. The site is located approximately 1,300 feet east of the Greenway and Marete Road intersection. All of the truck trips associated with the proposed Conditional Use will be limited to the Habitat for Humanity site to the west. Marete Road will be maintained by the applicant for the duration of the proposed Conditional Use. A daily average of 52 round trips is expected to be generated by the site. Haul traffic and employees access to the site are provided through a left turn only from U.S. 41 to gain access to Greenway Road. There are no structures to prevent Emergency Services from accessing the proposed site. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. This mining activity should have a limited impact on neighboring residentially used properties at the present time, in relation to dust and noise effect. The proposed earth mining activity will generate some noise and dust in the area. This activity is not anticipated to generate any glare or odor. In order to limit the negative effects of this activity on the neighboring properties, staff is proposing stipulations to; limit the activity to 12 months, ensure that the blasting activity is properly monitored by the County's Engineering staff per Division 3.4 of the LDC, ensure that dust and noise are regulated per the Florida Building Code, and that the finished site will comply with the environmental regulations contained within the LDC. 4. Compatibility with adjacent properties and other property in the district. The subject parcel is bordered by vacant properties and five residential structures. . MA ITEM proximity of the nearest residential structure, the hours and days of operations wil be lAglited_�- and the length of the conditional use is recommended to be limited to one year. I he number 2003 CU- 2003 -AR -3954 September 4, 2003 CCPC Page 7 at 10 / Pg. of residential homes in the area has increased since the original conditional use was approved, and with this increase of homes, the area has begun a transition from rural sparse development, to low density residential development. Over the next five -year planning horizon, the character of the area will certainly continue the transition to residential development, and due to this fact, the operation will be required to be completed within a one -year time frame. The site is expected to average 52 haul trips accessing the site per day for the time period provided. The result of the mining activity will be a 32 acre lake on the 42 acre property, which when complete will add to the aesthetic value of the area. CONDITION DISCUSSION: Staff has recommended conditions to be attached to any approval for this petition. The conditions are addressed below: Condition #1 allows staff limited discretion to recognize and provide administrative relief for minor differences in site design, while prohibiting any intensification of the use. Condition #2 requires preservation of any historic or archaeological artifacts that may be found during the excavation. Condition #3 puts the applicant on notice that the conditional use by itself does not fulfill all regulatory requirements of the operation. The limited blasting that will be allowed to complete Phase II for the site will be bound to the set procedures contained within Division 3.4 Explosives and Division 3.5 Excavations of the Collier County Land Development Code. Condition #4 provides a time limit for the conditional use approval, thus allowing the petitioner ample time to complete the excavation use, but protecting the character of the neighborhood for future residents as the area transitions more to a residential, rather than agricultural, character. Condition #5, establishes the bottom elevation for the site, as depicted within the conceptual site plan submitted with the Conditional Use application. Condition #6, though required by law for all excavation sites, is added for emphasis to provide protection from dust and noise for the residential structures which boarder the site. Condition #7 pertains to the environmental regulations related to excavation projects. Finally, Condition #8 limits the hours that trucks can enter the road system to the hours of 8 A.M. and 4 P.M., with no activity on Sundays and Holidays. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU- 2003 -AR -3954 to the Board of Zoning Appeals, subject to the following conditions: 1. The Current Planning Manager may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shal e_ submittal of a new conditional use application, and shall comply with a 1 apo 6 ITEM County ordinances in effect at the time of submittal, including Division 3; OCT 14 2003 CU- 2003 -AR -3954 September 4, 2003 CCPC Page 8 of 10 Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91 -102). 2. Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. This excavation shall comply with the requirements of Division 3.4., Explosives, and Division 3.5, Excavations, of the Land Development Code. 4. This conditional use shall expire 12 months from the date of BCC approval. 5. The excavation shall be limited to an average bottom elevation of 20 feet below the average original grade. 6. The excavation shall comply with the requirements of Section 104.5.5 "Dust Control' and Section 104.5.6 "Noise Control' of the revised Florida Building Codes, as adopted in Collier County Ordinance No. 2002 -01. 7. The following information regarding the littoral zones will be required to be shown on the excavation site plan submitted with the excavation permit: a. Calculations of the required littoral planting area; b. Cross - sections of the littoral planting areas showing control elevation and slope; C. Standard exotic removal note and Clearing Plan. 8. The hours of haul activity will be limited from (no trucks will leave the project site earlier than) 9:00 A.M. to (no trucks will leave the project site after) 4:00 P.M, with no activity on Sundays and legal holidays. No. _7 OCT 1 4 2003 CU=30a,3964 Soospew 4,20M CCPC Page 9 of 10 1 Pi. /9 PREPARED BY: MIKE BOSI, AICP PRINCIPAL PLANNER REVIEWED BY: SUSAN M[JRRAY, AICP CURRENT PLANNING MANAGER APPROVED BY: r-EPH K. S ITT, ADMINISTRATOR y- 15 -0 3 DATE VIFId DATE ?O O DATE OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: KENNETH L. ABERNAT Y, CHAIRMAN DATE Staff report for the September 4, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the October 14, 2003 Board of County Commissioners Meeting Attachments: A. Findings of Fact B. Conceptual Master Plan C. Proposed Conditions AGENDA ITEM� NO.�__ 0 C T 14 2003 CU- 2003 -AR -3954 September 4, 2003 CCPC Page 10 & 10 Pg.� Z W � f p) U O J �r a a a w cn • io a K 6 0 0 N U x 2 O r wW CL a 0 U O J ITEM No. I I OCT 14 20G3 U a OJ d~, R p e I a a w cn • io a K 6 0 0 N U x 2 O r wW CL a 0 U O J ITEM No. I I OCT 14 20G3 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3954 The following facts are found: 1. Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes Y No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes"" No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: � I q 0 `� CHAIRMAN: AGENDA ITEM No. U C T 1 4 2003 Pg. /6 J FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3954 The following facts are found: 1. Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Cons istency with the Land Development Code and Growth Management Plan: - Yes 0 No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic now and control, and access in case of fire or catastrophe: Adequate ingress & egress Yesv No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes —Z No Based on the above findings, this conditional use should, (should not) be recommended for approval DATE: O MEMBER: with stipulations, (copy attached) FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3954 The following facts are found: 1. Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of. A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, _traffic flow and control, and access in case of fire or catastroph :: Adequate ingress & egress Yes � No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by �-✓ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ,�/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE:_ 9 % y 3 MEMBER: , 2-' l OCT 14 2003 P9. /4 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3954 The following facts are found: 1. Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes v No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes cl ei No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes t-�' No Based on the above findings, this conditional use should, wi stipulations, (copy attached) (should not) be recommended for approval DATE: g MEMBER: ENDI► ITEM No. OCT 14 2003 F V._. FINDINGS OF FACT BY COLLIER COUNTY PLANNING'COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3954 The following facts are found: 1. Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes cl No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flew and control, and access in case of fire or catastrophe: Adequate ingress & egress i Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: pro affect or ✓ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes v No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE. MEMBER: AGENDA ITEM No.____Z- OCT 1 4 2003 Pg. a2 G FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3954 The following facts are found: 1. Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes v No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes t,/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: 'o affect or Affect mitigated by V Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within distri ct Yes l/ / No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval _ DATE: f y1® 3 r FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3954 The following facts are found: 1. Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes /L- No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes *Z No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: 4No, affect or Affect mitigated by fo Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes #41 No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval 400yer DATE: M E M B E R: � P1, 1, t., f�- " I A ilu , —x "2— OCT 14 2003 pg. a? 07 r FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3954 The following facts are found: 1. Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes L/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or Affect mitigated by ,0 a cec ! �C e-I-Vo.- Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district /i V No Yes Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: ZC,/ LJ'-� a MEMBER CU- 2003 -AR -3954 PROJECT # 2001100077 DATE: 4/10/2003 ®RI'D MIKE BOSI APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Commission District: 1. General Information Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF Name of Applicant(s) R. H. of Naples, Inc. Applicant's Mailing Address 5645 Strand Boulevard, Suite #3 City Naples State FL Zip 34110 Applicant's Telephone # 239 -593 -3883 Fax # 239 -594 -5677 Name of Agent Jerry C. Neal, P. E. Firm Hole Montes, Inc. Agent's Mailing Address 950 Encore Way City Naples State FL Zip 34110 Agent's Telephone # 239 - 254 -2000 Fax # 239 - 254 -2099 Agent's E -Mail Address: jerryneal @holemontes.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 2400/FAX (941) 643 -6968 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE — 02!2000 b1':\ 2003 \2003033 \jcn \Conditional_Use_(h )_Applicauon_.do; AGENDA ITM N0. 1 4 2003 PA 2 C�15 0%'� Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State Zip Name of Homeowner Association: N/A Mailing Address City State Zip Name of Homeowner Association: NIA Mailing Address City State Zip Name of Master Association: N/A Mailing Address City State Zip _ Name of Civic Association: N/A Mailing Address 2. Disclosure of Interest Information: City State Zip a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address N/A APPLICATION FOB PUBLIC HEARING FOR CONDITMAi USE - 020000 ' M': \2005k'_003033\icn\Condi[ional_Use_(R )_ApplicationZdoc Percentage of Ownership AGENOA ITEM N0.72!P C C T 1 4 2003 P ; O� 15 5 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock RS Hardy, Pres. 5645 Strand Ct Ste 3 Naples FL 34110 100% RP Hardy, VP 5672 Strand Ct. , Ste 1 Naples FL 34110 JP Kelly, ST 5672 Strand Ct. , Ste 1 Naples FL 34110 C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest N/A d. If the property is in the name of a GENERAL or L111=13 PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership N/A e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership N/A AGENDA ITEM No. Date of Contract: 7(OCT 1 4 2003 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE — 02/2000 PA \N':\2003120030331icn1 Conditional _Use_(R)_Application3.doc v? G f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N/A g. Date subject property acquired (X ) leased ( ): 08/1996 Term of lease yr. /mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. _Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum V to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 7 Township: 51 South Range: 27 East Lot: N(A Block: N/A Subdivision: N/A Plat Book N/A Page #: N/A Property I.D. #: 0074888003 Metes & Bounds Description: See Attached 4. Size of property: 1,3_77 _ft. X 1_ ,340 ft. = Total Sq. Ft. 1,843.794 Acres 42.33 5. Address /general location of subject property: U.S. 41 East from CR 951 to Greenway Road, thence north to Maretee Road thence east to end of road. OCT 14 2003 PK.._ . ' PAGE 5 O.7-5 W:4003\2D03033 icdCondmonal_Use (R)_Application2.doc 6 . Adjacent zoning and land use: Zoning Land use N AG VACANT S AG VACANT E AG VACANT W AG Vacant mixed with sparsely developed single family Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: 7. Type of Conditional Use: This application is requesting conditional use # 1 of the A, _ district for (TYPE OF USE) EARTH MINING Present Use of the Property: EARTH MINING 8. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consist - 0 '614 (Attach additional pages as may be necessary). -� APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE — 02/21100 NN':12003\'_003033\j cn\Condi tional_U se_(R )_App li cation'_. do: OCT 14 2003 Pg. °Z ? PAGE 6 OF 15 A a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): Section 2.2.2.3 establishes earth mining as a conditional use on agriculturally zoned land demonstrating consistency with the FLUE of the GMP. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: GreenwU Road is yaved and Maretee Road has been imvroved to a dustless surface typical rural road section There are currently two homes on Maretee Road. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The area of mining lies some distance from the nearest residence so it should have no adverse affect to the neighboring properties. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: Earthmining, is a compatible use for this and adjacent properties e. Please provide any additional information which you may feel is relevant to this request. I —"—icy o� L4-2003 I pg. 02 9 9. Deed Restrictions: The County is legally precluded from enforcing , however, many communities have adopted such restrictions. You may wish to contact the APR.ICATWM FOR PUBLIC HEARING FOR CONDITIONAL USE — 02/2000 PAGE 7 OF 15 w:\200M003033 \j cn\Condi tional_U se —(R)— Application_' .doc civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the sub_lect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre- application meeting notes; b. Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 81 /z" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • locations of solid waste (refuse) containers and service function areas, • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and/or existing landscaping and buffering as may be required by the County, • location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); AGENDA ITEM c. An Environmental Impact Statement (EIS), as required by Section 3.E. of ;te Lan A Development Code (LDC). �-1 OCT 14 2003 (Waived) Pg. 30 d. Whether or not an EIS is required, two copies of a recent aerial phot within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE — 02/20011 PAGE 8 OF 25 W:\ 2003' ,2003033 \icn \Conditional_Use_(R )_Apo lication1doc boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f . A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; (Waived) g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); (Waived) h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. (Waived) TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre - application meeting. The TIS required may be either a major or minor as determined at the pre - application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for conditional use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other conditional use (and rezone) requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at buildout) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). AGENDA ITEM 5. Any proposed improvements (to the site or the external right -of -way) such as providing or imin ingress /egress point, or providing turn or decel lanes or other improvements. OCT 1 4 2003 APPLICATION FOR PC3S K' HEARING FOR CONDMONAL USE — em" Pg. M\ i\2003'�1003033 \icn \Conditional_Usc (R)_Appbcauon? doc 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1, 5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor TIS, and shall also include an analysis of the following: ` 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GNP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, I AGENDA ITEM b) the area in which traffic assignments from the proposed project on the n ajorNo___Z� thoroughfares exceeds one percent of the LOS "C ". OCT 14 2003 Land Use Distance APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE — 02/2000 Fg. NA': 13003\ 2003033 \jcn\ Conditional _Use_(R)_App1ication2.do Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide tl�e measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak -hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of hose projects and their respective characteristics. S. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Proiect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 PTUC *+rnrFOKZSl"BQ1MG FOR CONDITIONAL USE — 02/2000 WA2003V2003W Iycn\ Conditional _Use— (R)_Application2.doc AGENDA ITEM No. OCT 14 2003 P - STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST 1. NAME OF APPLICANT: R. H. of Naples, Inc. 2. MAILING ADDRESS: 5645 Strand Boulevard, Suite #3 CITY Naples STATE FL ZIP 34110 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): N/A 4. LEGAL DESCRIPTION: Section: 7 Township: 51S Range: 27E Lot: N/A Block: N/A Subdivision: N/A Plat Book N/A I Page #: N/A Property ID. #: 0074888003 Metes & Bounds Description: See Attached 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUN'T'Y UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM ❑ N/A c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) N/A e. SEPTIC SYSTEM ❑ 6 . TYPE OF WATER SERVICE TO BE PROVIDED: \K, 3 00 11200 3 03 3 \jcn \Conditional_Use_( R)_Apnlication2.do a. COUNTY UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ N/A PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ 7. TOTAL POPULATION TO BE SERVED: 0 AGENDA ITEM j� 8. PEAK AND AVERAGE DAILY DEMANDS: No..____� A. WATER -PEAK N/A AVERAGE DAILY N/A OCT 1 4 B. SEWER -PEAK N/A AVERAGE DAILY N/A 2003 341 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE — 02/2000 Pg. -1 PA ' , —_ \K, 3 00 11200 3 03 3 \jcn \Conditional_Use_( R)_Apnlication2.do 9 . IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 AGENDA No. 7 0 C T 14 2003 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE — 013000 Pg. P R':\3003 \20030? 3 \icn\ Conditional _Use_(R)_Application2.doc CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKETS REQUIREMENTS Q # OF COPIES REQUIRED NOT RE UIRED 1. Completed Application 16* 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a Corporation 2* 3. Completed Owner /Agent Affidavits, Notarized 2* 4. Pre - application notes/minutes 16* 5. Conceptual Site Plans (including (1) 8 -1/2 X 11 copy) 16* 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* 8. Completed Utility Provisions Statement (with required attachments and sketches) 4 9. Traffic Impact Statement - (TIS) 4 X 10. Historical & Archaeological Survey or Waiver Application 4 X 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee, Data Conversion Fee, Check shall be made payable to Collier County Board of Commissioners - 14. Other Requirements - * Documents required for Long -xange rlamm�g xeview As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. _ AGENOA iJ A p ant/A.gent Siganature Date —1 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE — 02/2000 N&':\3003\ 2003033 \jcn\ Conditional _Use_(R)_Application2.do,: C v T 1 4 /2003 PAGE 08/13/2003 16:12 TEL 92542099 H M LAND DEVELOPMENT la 002/015 54 HOLE MONIES w_ ENGINEERS - "NM - SURRYORS 950 Erxvm Way • Naples, F"a 34110 • Phone: 941254,2000 - Faw: 941254.2089 August 13, 2003 Mr. Michael Bosi COLLIER COUNTY GOVERNMENT Planning Services 2800 North Horseshoe Drive Via Fax & Mail Naples, Florida 34104 RE: Maretee Commercial Excavation Conditional Use — AR -3954 Revised TIS HM Pile No. 2003.033 Dear Mike, The TIS has been completed for the operation of the existing Greenway commercial excavation site at the end of Marete Over traffic 2a o truck trips per day based on the tickets the May 2, 2002 o May 2,003 acopy of the ticket count is attached. The road improvements that were completed are; (1) a left turn lane off U.S. 41 was constructed, and (2) Marete Road was widened and converted from a gravel road to a paved road from Greenway Road to the subject site, whichd bound left turn lanetabut� said the west Transportation permitted the construction of the cast bound right turn lane was not needed. The truck traffic was toward Highway 951, not toward State Road 92; therefore the warrant for a right turn was not met. The proposed traffic pattern is: ')trip Generation; 52 round trips from the pit to Habitat for Humanity site —from Maroc Road left onto Grccnway Road then south on Greenway to U.S. 41 then turn right and travel about one -half mile and the Habitat for Humanity site is located on the south side of U.S. 41. As in the past, 100% of the truck traffic will be directed toward U.S. 41 from the pit. The only turning movements at the intersection of U.S. 41 and Greenway Road will be east bound traffic on U.S. 41 turning left on to Greenway Road and west bound traffic turn right off of Greenway Road on to U.S. 41. Conclusion: No additional road improvements are needed. w: ��03o39 ►i�T'^ctE30st;�- re�.�u•la.datic WWI=•FwtMyais Vsnice•En d AGENDA ITEM No. C C T 14 2003 P9 �.J 7 08/13/2003 16:12 TEL 92542099 H M LAND DEVELOPMENT la 005/015 TRAFFIC IMPACT STUDY DAILY IN TRUCK TRAFFIC FOR GREENWAY PIT AGENDA vt 7 4 pg. 36? 08/13/2003 16:12 TEL 92542099 H M LAND DEVELOPMENT la 006/015 TRAFFIC IMPACT STUDY DAILY OUT TRUCK TRAFFIC FOR GREENWAY PIT AGENDA No. OCT 1 4 2003 Pty 08/13/2003 16:13 TEL 92542099 H M LAND DEVELOPMENT la 008/015 TRAFFIC IMPACT STUDY PEAK P.M. HOUR F ❑R GR,EENWAY PIT AGENDAITE No. Pg. 4/.O 08/13/2003 16:13 TEL 92542099 H M LAND DEVELOPMENT 1a007/015 TRAFFIC IMPACT STUDY PEAK A.M. HOUR FOR GREENWAY PIT AGENDA iTE4 No. Pg. �// 08/13/2003 16:12 TEL 92542099 N M LAND DEVELOPMENT 1(71004/015 Revised August 13, 2003 Marete Commercial Excavation Pit Traffic Impact Study The Marete Excavation Borrow Pit is located east of County Road 951 and north of East Tamiami Trail. The excavated material has been sold to one receiving site; Habitat for Humanity. The pit has one loader to load the trucks; therefore, limiting the number of trucks entering and leaving the hourly dtraflic during the day is about the same as during now of trucks is consistent, the peak hour A.M. and P.M. The peak hour has been calculated as twice the daily hour rate times 75%. Example: From 7:00 A.M. to 9:00 A.M. 4 trucks per hour x 2 hours = 8 trips for 2 hours 8 trips in two hours x 75% in any given hour = 6 trips for peak hour The only way to exceed this number of .,ak trips is to Rave all the trucks leave the site at the same time, however, why would the first filled truck wait 2 hours before leaving. The factor for peak hourly is 1.5 times daily hour trips because the total number is so small it is feasible to observe a 50% increase at any give time_ The employees arrive at work ate c and leave during the same time period. 4 A.M. t 7.04 A.M. The employees and trucks do not Habitat for Humanity site is located hat the owner constructed a le ta[um lane one U.S. 41 din of U.S, 41. It should be noted t 1998 for truck turns on to Greenway Road. The attached drawings show the projected truck trips for this site. W_\2003\2003033%iCn\ti5 narruive revised -doc AGENDA ITEM No. 7 Pr OCT 14 2003 Pg. 4°2 08/13/2003 16:12 TEL 92542099 H M LAND DEVELOPMENT IZO03/015 Page Two August 13, 2003 Mr. Michael Bosi Marete Commercial Excavation CU HM File No. 2003.033 Sidewalks: The site is located about 1,300 feet east of the intersection of Gneenway and Marete Road. There are five (5) houses located on Marete Road and the gravel road was improved from 18 f.tet of gravel to 24 feet of asphalt per the request of the County. You asked us to observe and record pedestrian traffic along Marete and Greenway Roads to see if Greenway Road from Marete to U.S. 41 warranted a sidewalk. By observations of Doug Griff and Randy Peppers, no pedestrian traffic was observed during a week of observation. Conclusion: Sidewalks are not warranted. Please note that the petitioner has already contributed to the public by constructing a left turn onto U.S. 41 and by building a paved road on Marete Road. If after reviewing the attached information you have any questions, please give me a call. Thank you. Very truly yours, HOLE MONTES, INC. Jerry C. Neal, P.E. Project Manager JCN /mmm Attach. AGENDAi� No.,__Z_ OCT 14 2003 08/13/2003 16:14 TEL 92542099 N M LAND DEVELOPMENT Z015 /015 6R r;NWAY PIT Fiji Sold. 5/1/02 - 4/30/03 01/07/2003 Qr440 GW429 v..n.—._" oavdd BarrOA 1,548 01/07/2003 01/09/2003 GW430 David Barron 2,970 2,502 03110/2003 01/14/2003 GW431 GWS32 David garrun American Cehcm% 300 1,404 01/14/2003 GW433 GW434 David Bu'r+sr+ David Barron 2.070 ---- 01/14/2003 Total for 1/03 02/04/2003 GW435 City ca+uacaonc Dixie Trucking 646 2,764 02/14/2003 02/14/2003 GW436 GW437 xW Trucking 1,B36 1,186 02/14/2003 GW436 D Ti g 559 02/14/2003 GW430 inhbr 360 oa/14J2003 GW441 bachuk Emerald 666 02114/2003 02/20/2003 GW442 Judd 396 450 02121/2003 GW443 Judd 72 02/24/2003 02/24/2003 GW444 GW445 Judd �nlc 1,275 7Z0 02/26/2003 GW4 ;8 BBaa"n wnd 5,400 02/27/2003 9 02MI2003 GW448dsanvn GW449 4,144 o2126f2003 Total for 2/03 03/06/2003 OW450 David Birror� 6,660 4,968 03/10/2003 GW451 David Barron 2,196 03/14/2003 GW452 David Barron Dachuk 90 03/14/2003 03/14/2003 GW453 GW454 Griffith Paving 400 1,440 03/20/2003 GW455 GW456 David 9brran Paving 364 03126/2003 03/29/2003 GW457 Fio�rlda Total for 3/03 04/15 /2003 GW458 David Barron 3,240 Oq /i7/2D03 (;W4.59 David i 0"n 3,760 04./21/2003 GW460 G1fN4i31 David garcon David Barron 3,706 3,7QB 04/23/2003 04/25/2003 GW462 on Dotal i for 4/03 05/23/2003 GW"3 David Barron _.._ _1, 515-62 Total for 5/03 TOTAL Page 4. :i i . I ;i 33 00 I i •.i 16,9 2 5,162 . i 224,1 27 1i *A AGENDA 0 L ? 1 � '/2003 Pg. 4`X 08/13/2003 16:13 TEL 92542099 H M LAND DEVELOPMENT citsmW/lY PIT FlII Sold; 513/'02 - 4/30/03 it =rte 01/07 /ZOOS 28 David Barron 1,545 01/07/2003 GW429 David ft" DI 2,970 01/09/2003 GW430 David Barron 2„502 01/10/2003 GW431 GW432 David Barron American Concrete 300 ; 0!!14/2003 01114/2003 W43J (;W433 David Barron 1 04 Z 070_ 01/14/2003 GWA34 David Barron _ _ _r Total for 1/W 02/04/2003 GWd35 MY contractors 649 2,754 02/14/2003 OW436 INX{a Truckln0 1.,436 02/14/2003 GW437 Dixie TrucktW 1,186 02/14/2003 GW435 Obcld TruGlcin9 558 02/14/2003 GW439 GW440 Lainhart Dodwk 360 02114/2003 o2/34/2003 GW441 lnwaid 666 396 02/'20/2003 GW442 Judd 450 02/21/2003 GW443 Judd 72 02/24/2003 02/24/2003 GW444 GW44S Judd David Barron 1,276 02126/2003 GW446 Frank daideras Land. 720 5,400 02127/2003 GW447 David Barron ' 02/26/2003 GW446 Dachuk 41340 02/28/2003 GW449 David B8r1' n _ ._ Total for 2/03 63/06/2003 GW450 David Barron 6,660 4,968 ; 03/10/2003 GW451 DwId gran 21196 03/14/2003 GW452 David Barron 90 03114/2003 GW453 Dachuk 400 03/34/2403 G W434 Gt fM h Paving 1,4'40 ' 03/28/2003 GW455 David Barron 384 133/29/2003 GW456 Grltllt h Paving 198 03/26/2003 GW457 Aorida State _ _ _ T,oW for 3103 04/16/2003 GW438 David Barron 3,240 2,142 04/17/2003 Gw459 David Barron 3,760 04/21/2003 GW460 David Barron 3,708 : 04/23/2003 GW461 David Barron 3,222 04/2S/20103 GW462 David Barron _ Total for 4/03 TOTAL Page 6 Z 014 /015 13,600 20,556 17o236 f i i j 16,D9 Z i 21S,S65 I AGENDA ITEM 0 i 14 2003 . 08/13/2003 16:13 TEL 92542099 09/26/21002 09/27/2002 09/27/2002 09/30/2002 30/08/2002 10/1012002 10/10/2002 10/10/2002 10 /22 /2002 SO/Z2/2002 10%z9/20o2 10/29/2002 3.o/30/2002 10/30/2002 10/31/2002 10/31/2002 10/31/Z002 11/01/2002 11/06/2082 1-1/0612002 11/06/2002 11/08/2002 11/18/Z002 11/19/2002 13/19/2002 12/09/2002 12/16/2002 11/2212002 12/16/2002 12/17/2002 12/ZO/ZD02 12/73/2002 12130/2002 01/02/2003 01/03/20(13 0 5./06/2003 H M LAND DEVELOPMENT GREENWAY P1T Fill Sold', 5/1 /o2 - 4J30/03 G4393 Amarican GW394 Barron GW395 Barron GW395 Barron TW=1 for 9/02 GW397 GW398 GW396a GW399 G1W400 GW401 GW402 GW403 GW404 GW40S GW406 GW407 GW408 GiW409 GW410 GW411 GW412 C;W413 GW414 GW415 GW416 GW417 GW415 GW419 GW420 OW421 GW4t2 GVV423 GW424 GW425 GW426 GW427 Barron Banron Barron Elk Cam Dachuk David Barron David Barron Dachiuk David "rran DachUlc David Barron Darhuk Dam Total for 10/02 Dana Cabinets David Barron Dachok Soll TWh David Barron City Contr,aors David Barror pavid Barron T9tw for 11/02 Sherwood Soil Tech cazares Lainhart David Barton David Barron David Barron David Barron Taut for 12/02 ©kcam construction grnerican concrete Flores Hau"O Svcs. Pa9a 5 1,314 1,350 900 $76 l,iSZ 234 972 270 12b 2,286 7,452 $76 2,446 216 2,286 32.4 9a Z013/015 . I l 572 486 180 54 3,636 720 792 864_ 6,624 1.013 109 540 2,862 4,500 2,376 3,366 324 124 36 14,004 16r432 :1 '/604 20,484 AGENDA IITEM,f� T OCCT 14 2003 Pg. 08/13/2003 16:13 TEL 92542099 H M LAND DEVELOPMENT GW374 rj"MWA.Y Prr Oe/o6/2002 GW375 FIII Sold: 5/1/02 - 4/30/03 08/06/2002 Daibe. 07/1012002 invoiC.0 GW350 EYnerala 486 360 07110/2002 GW351 Dachuk 72 07/1012002 GW352 (;W35-3 Maloney Bonita Limestone 21b 07/20/2002 07/10/2002 GW 354 mo" 234 234 07/1012002 GW355 (3W356 GU"WWre Emerald 180 07/16/2002 07/16/2002 GW357 D>achuk 36 36 07/10/2002 GW356 Mslway in 07/16/2002 GW399 Arnerlcan 72 0711612002 Gw360 American 90 07/16/2002 GW361 Gufthor'e BOG 07/16/2002 GW362 Gulfshore 1,098 07/16/2002 GW363 Barron 72 07116/2002 GW364 Ap8c 630 07/1712002 GW365 GW366 Marron Gulfshare 2,670 07/1712002 07/1612002 GW367 Gulfshore 350 300 07/23/2002 GW365 Fleld 3,636 07/29/2002 GW369 Barron 36 07126/2002 QW370 FOUL 656 07/31/2002 GW371 Barron Emerald 198 07/31/2002 GW372 • Total for 7/02 08/05/2002 GW373 Barran Emerald 08/05/2002 GW374 GW386 Oe/o6/2002 GW375 Mulligan 08/06/2002 Barron 792 09/06/2002 a 377 Affnrriabl• 08/07/2002 GW375 Barron 08/0812002 GW379 MWIlgan 08/13/2002 American Barron GW361 Barron OB/Z6/2002 GW382 bam°n 0812812002 OW3883 Baffin 08/29/2002 GW — Total for 8/02 . i :j I ' I 1,278 i 36 360 2,448 750 ! 1,762 216 4,086 i 3,648 522 2,142 : I s,oeo 09/1012002 GW365 BLT 450 2,)40 09/1712002 GW386 Barron 918 09/l8/2002 GW357 Barron 792 09/20 /ZO02 GW388 Barron 2,898 09/24/2002 GW389 Barron 684 09/2412002 GW390 American 1,206 09/25/2002 GW391 Barton Page 4 16012/015 14,614 18,348 AGENDA ITEM NO.____� OCT 1 a 2003 08/13/2003 16:13 TEL 92342099 H M LAND DEVELOPMENT I O U I1/UI� I GREE� 2Y X0/03 nu Wd: i snvo Cusbon w • i GY 180 0402 fi° G�IV306 hem Emerald X07 344 36 06/34/2002 GW306 Emerald 36 0 6/14/2002 GW309 Ewald 540 06/14/2002 06/14/2002 (S k W310 Dada Flodds State under. 846 ! 545 o6j14 /2DOZ t,W311 GW311 Dan's CabineU 450 1 06/1412002 GW30 Dachuk 54 06/18 /2002 66/2-8 /200.2 GW314 Apse awns Em.r°1d 324 36 i 06/18/2002 GW316 Rafael Monvalo 54 06!20 /2002 GW317 Emerald 90 06/20/2002 Gyy31$ Emerald it! 06/20/2002 06%20 /2002 GW319 s"Wald ElmWeld is 72 06/20 /2002 GW320 GW321 Efroerald j Z52 � 06/7-012002 0612012002 GW322 �� 3.260 928 06/2012002 GW3Z3 GW324 GufthOm Sits 910 ' 06120/2002 X325 Dan's Cabinets 628 : 06/25/2002 GW326 G,ulttihom Site 36 i 06/2S/Z= 06/26/2002 GW327 E�a{d emerald 36 18 ! 06/26/2002 GW320 GW329 Emera ld 18 06126i2002 GW1330 Emereid 36 06/26/202 Emerald 54 , 06/26/2002 0612612002 GGWW332 APac Arrnerlmn Tr. 630 , 972 ! 06/26/2002 GW333 G11V334 Dschuk 306 ! 06/26/Z007- GyV335 Soil Tech 558 06126/2002 GW336 Soil Tech 16 06/26/2002 GW337 EMmuld 162 05/26/2002 05/2612002 OW338 Emerald Amarlean Tr• 18 216 06/27/2002 Gyv339 X340 Maloney 360 i a6JZ712002 06/27/2002 GW341 Sall Tech Soil Tech 252 54 06/27/2002 GW342 GW343 Fran�'S Grading _ 23,569 06/25/2002 Tatal for B/ 02 , 18 07 /10 /200Z GW344 Emerald GW346 rzrnsrald 341 1 144 07/108002 07/1012002 GW346 Emerald GW347 Emerald 612 i 72 Q7/1Q/Z002 G-W349 Emerald 18 18 07/10/2002 X349 Emerald 07/30/2002 Page 3 ! AGENDA ITEMr t" ' OCT 1 4 2003 .I pit. —� _. 08/13/2003 18:13 TEL 92542099 H MI LAND DEVELOPMENT GREENWAr PIT pill Sold: 511/02 - 4/30/03 05/21/2-002 05/2212002 "'r`u& .W263 Armando Leyva iB 30 546 05/26/2002 G 2.64 Marna Oulldln9 380 05126/2002 GW265 MdTen 36 0512412Q02 GW266 MCLers" Soil Tech 216 05128/2002 05/28/2002 GW267 GW258 Soil Tech 54 550 05/28/2002 GW269 GW270 Emerald ern+erald 1,728 05/28/2002 o5/2e/2002 � 2� 559 360 o512B/2� iSWZ 73 Emerald ��, 0ulkilnp S. 199 05/30/2002 05/30%2002 GWZ74 Emerald 72 252 45/30/2002 GW275 Emerald 72 05/3012002 GW7.76 GW277 Emerald Emerald 612 05/30/2002 05/30/2002 G�N278 • Emerald 7Z ' 1,512 05/30/2002 OW279 86nnen 486 0513012002 GW280 GW28i der Gonzales 180 05/30/2002 naslez 324 05/30/2 02 GW283 Bonner Emerald 166 152 0513012002 05/3012002 GW284 GW285 Emerald 54 TOW for S /03 06/04 /2002 GW286 Enmamld 540 18 06/04,/2002 G 4287 Emerald 72 06/04/7002 GW288 Mdrersn Emerald 12.6 06/07/2002 06/07/2002 GW289 G N290 6mersld 36 36 06/07/2002 GW291 emerald 216 06/07/7002 G1W292 lrmerald Emerald 1,080 ' 06/07/20112 GW293 162 06/07/2002 GW1294 M06"M 646 06/07/2002 GW299 Bonne= 2,340 o6/07/2002 GW296 G11Y297 Maloney Amerlc>an Trucking 466 ' 06/07/2002 06/13/2002 GW298 GVYZ99 Maloney A�nnerlcan Ttvdclne 2,1D6 1;692 ; 06/13/20x2 06/13/2002 GW300 �nCT81d 36 • 54 06/1312002 GW301 Emerald 36 06/13/2002 CW302 Emerald Emerald 144 ; oG/1312002 06/13/2002 GW303 GW304 Emerald 1,134 1,Q44 06113/ZD02 GW305 Ernerald F *gge 2 3ar026 la 010 /015 AGENDA OCT 14 2003 pg. �9 08/13/2003 16:13 TEL 92542099 H M LAND DEVELOPMENT Z009/015 i 1 1 i l AGENOA ITEM No. 7 A OCT 1 4 2003 Pa. s° GRE64WAY PIT Ft{ Sold, . .5/1102- 4/30/03 Invo�thae ZS2 �� 05/0212002 tvV226 gonna 27 Sot! Ted1 GV1/2GW228 918 3,870 US /D205/o2/2-W2 05/02/2002 gonnem emerald 36 396 ' 05/0712002 GW229 GW230 Soll'Tem 378 ; 1 o5/07/2002 05/0712002 Gw231 Soil Tech 2,8" 05/07/2002 GW232 gonna GW233 36 1 126 05/07/2002 GW234 Afbrdable'Land. 90 05!07/2002 05/1712002 GW235 tonn 24 l l 05/10/2002 GW236 SOWN= 6 GW237 eonr� 1,674 46g 05/10/2002 05/10/2002 GW238 Emeral d 2811 16 05j10/2002 Gw239Emmerualid X240 • 504 05/10/2042 05/15/2002 - GW241 Soil Tech Tech i8 05/15/2002 GW242 Sal GW243 MclAisn 162 is ; 05/15/2002 0511512007- GW244 Emerald l8 zee d]( 05/1512002 Gw245 Emerald GW246 734 05/i5/200Z 05/15/2002 GW247 Em "d 05/15/2002 Bonnas= GW9 BonrMf 108 1,692 05/1512002 05/15/2002 �IV240 t�rsn�s soil Ted 504 18 05/15/2002 GW241 GW242 Solt Tech 162 051i5/200Z 85/151200? GW243 Mtlg'an Emerald 18 Zg 05/15/2002 05/1$12D02 GW244 GW245 I.Memld 288 05/15/2002 GW246 Emerald GY4247 erne Wcl 738 : 54 0.5/15/2002 05J15/2002 GW248 sonnets 108 05/15 /2002 GW249 Dons GWZ50 Sonness 1,692 36 o5/15(zoG2 05/17/2002 GWZSI McLemn is 05/17/2002 GW252 McLemM GW233 McLtran 1D8 306 05/17/2002 05/17/2002 GW254 sanness Tech Sol! GW255 Tech $76 Z16 [)5/17/2002 D5/1712002 GW256 Emerald E^''erafd 144 342 05/17/2002 GW257 aW255 Emerald 972 ()5/17/2002 c)!5121/2002 GWZ 59 Emerald Emerald 36 630 05/21/2002 GW259 GW260 Sall Tech 05/21/2002 Page 4 i 1 1 i l AGENOA ITEM No. 7 A OCT 1 4 2003 Pa. s° RESOLUTION NO. 03 - A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE NUMBER "1" FOR EARTHMINING OPERATIONS IN THE RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use Number "I" of Section 2.2.2.3 of the Collier County Land Development Code in an Rural Agricultural Zone for an earthmining operation on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Jerry C. Neal, P.E., of Hole Montes, Inc., representing R. H. of Naples, Inc., with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use Number "1" of Section 2.2.2.3. of the Collier County Land Development Code in a Rural Agricultural Zoning District for an earthmining operation in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: 4- AGENDA ITEM No. 7 OCT 14 2003. pg. / Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: '• Marjo e M. Student Assist •t County Attorney CU. 2003- AR- 3954AIB/lo BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN -2- AGENDA OCT 14 2003 Pg- S.Z. EXHIBIT "A" FINDINGS OF FACT BY COLLIER COUNTY PLANNING. COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3954 The following facts are found: 1. Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of. A. Consistency with the Land Development Code and Growth Management Plan: Yes Y No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: 1J� No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes '\1 No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: � r q-03 CHAIRMAN: OCT 1 4 2003 pg. -J 73 Legal Description - CU- 2003 -AR -3954 Portion of the Southeast' /4 of the Southwest' /4 of Section 7, Township 51 South, Range 27 East, Collier County Florida; Being more particularly described as follows: Commence at the Southwest Corner of said Section 7; Thence N. 88 04 05 W.; 1536.61 feet; Thence N. 00 27 52 E.; 200.00 feet to the Point of Beginning; Thence N. 00 27 52 E.; 978.00 feet; Thence S. 8812 47 E.; 736.00 feet; Thence S. 00 44 19 W.; 978.00 feet; Thence N. 88 04 05 W.; 736.00 feet to the Point of beginning AGENDA ITEM No. OCT 14 2003 Exhibit "B" s I CD X LLi !Y!� 3Jn31 i Cf -Q!_CI M ,5S,f4.00 j -- ��-— L.... - -_- - 3n�1 3�N3i k 1 r.vEi35 nn 6, C,03a �+• - of - " —" ZZ � l � 13.+i wtgail S3a9v Z•'2 MN i LU P_ _ I r, I c W x171' - I m is t i :o p< • � I owwr : I- ________•__ _____ ___- • •� r L - ------------- -1 -- - -- --- L-- - - - - -- - - - - -- - - - - -- H�r�:3t nIP. .CS C.t�j->; 60.L:.00 ____ . n } jell ?Jti3_ ;. �. E I� 11 ii It it P, o PIS *�F�, , 4sEe ' z � ! � :. f ;t a Z3 �e �� '.:lli r. {e c1 !i• � '�� E z i i #� s "s� :! E :5 �r Fey °_ � h�8 � f � 1•E!� all � ` � a � ': y��4 $l.cef � 6 � i S : i!a e- ■ b 1 .ts 1 ta„ � � t s �qF• :.� i,.<46 '_ S t ' C §Fa Y 9 fi� EN .� e.•�i l —, —.E .,rte! Z :iYt :Yi✓£9i r i g n `Y F3Ld BF �7..� a{11�i all w 1 3 X a LU fill z LU a LU cis � _.�+ -I I L; iaC» •� e i � I i 1 kit � �I AG A1� No. T e OCT 14 1003 Pg. 6- CONDITIONS OF APPROVAL CU-2003-AR-3954 This approval is conditioned upon the following stipulations: The Current Planning Manager may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91 -102). 2. Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. This excavation shall comply with the regi ' : ments of Division 3.4., Explosives, and Division 3.5, Excavations, of the Land Development Code. 4. This conditional use shall expire 12 months from the date of BCC approval. 5. The excavation shall be limited to an average bottom elevation of 20 feet below the average original grade. 6. The excavation shall comply with the requirements of Section 104.5.5 "Dust Control" and Section 104.5.6 "Noise Control" of the revised Florida Building Codes, as adopted in Collier County Ordinance No. 2002 -01. 7. The following information regarding the littoral zones will be required to be shown on the excavation site plan submitted with the excavation permit: a. Calculations of the required littoral planting area; b. Cross - sections of the littoral planting areas showing control elevation and slope; C. Standard exotic removal note and Clearing Plan. AGENDAI No.�_ OCT 1 4 2003 nw � (e CU -03 -AR -3954 CONDITIONS OF APPROVAL -- 8. The hours of haul activity will be limited from (no trucks will leave the project site earlier than) 8:00 A.M. to (no trucks will leave the project site after) 4:00 P.M, with no activity on Sundays and legal holidays. AGENDA ITEM No OCT 1 4 2003 _ .5-7 CU-W-AR=3954 C0NDffUXHsaFAM0VAt. EXECUTIVE SUMMARY PETITION CCSL- 2001 -5 /AR -1922, BRETT MOORE OF HUMISTON AND MOORE ENGINEERING, REPRESENTING THE VANDERBILT BEACH MOTEL; REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW CONSTRUCTION OF A MULTI- STORY RESIDENTIAL BUILDING, A PARKING STRUCTURE, TWO SWIMMING POOLS WITH EXTENSIVE PAVER DECKING, AND A WOODEN BOARDWALK CONNECTING TO A HANDICAPPED BEACH ACCESS RAMP ALL OF WHICH ARE LOCATED ON PROPERTY KNOWN AS THE VANDERBILT BEACH MOTEL WITH A STREET ADDRESS OF 9225 GULFSHORE DRIVE NORTH IN AN AREA GENERALLY KNOWN AS VANDERBILT BEACH AND MORE PARTICULARLY DESCRIBED AS LOT 4, BLOCK A, CONNERS VANDERBILT BEACH ESTATES UNIT NO. 1, LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, --- COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately one - hundred -thirty (13 0) feet to construct a multi -story residential building, a parking structure, two swimming pools with extensive paver decking and a wooden boardwalk connecting to a handicapped ramp (exhibit A) beyond the CCSL. CONSIDERATIONS: The subject property is located on the west side of Gulf Shore Drive approximately one - quarter of a mile north of Vanderbilt Drive. The petitioner proposes to construct a multi -story residential building, a parking structure, and two swimming pools with extensive paver decking and a wooden boardwalk connecting to a handicapped ramp seaward of the CCSL. The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. AGENt " ITEM No. , OCT 14 2Q(l3 In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of the Collier County Land Development Code, Division 3.13, as amended. FISCAL IMPACT: Approval of this petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: OBJECTIVE (CONSERVATION AND COASTAL MANAGEMENT ELEMENT) 10.4.1 Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. POLICY 10.4.4 Require dune stabilization and restoration improvements in land development projects along beach areas. 10.4.5 Initiate and support beach and dune restoration and preservation programs where appropriate. 10.4.6 Require native vegetation as landscaping in developed activities in developed coastal barrier systems and on the beach and dune systems. The proposed variance is consistent with applicable provisions of the Growth Management Plan. HISTORIC /ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. RECOMMENDATION: Staff recommends approval of Petition No. CCSL- 2001 -5 /AR -1922 subject to the following stipulations: NGEW„ ITE No. OCT 1 4 2003 Pit._ 1. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP), Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided to Collier County Environmental Services Review Staff, prior to issuance of a building permit. 2. Construction activities shall not occur within one - hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code, Division 3. 10, between May 1 and October 31, 2003, or beyond, of each year, during the sea turtle nesting season, until construction is completed, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 3. The petitioner shall notify the Environmental Services Review Staff one week prior to commencing construction seaward of the CCSL and shall again contact said Staff within one week following completion of construction seaward of the CCSL. 4. Outdoor lighting associated with construction, or development within three- hundred (300) feet of the mean high water line, shall be in compliance with Collier County Land Development Code, Division 3.10. 5. Minor structures such as pools shall have minimal deck areas, not to exceed an average of 15 feet in width, around each pool. 6. The pathway from the pool to the dune walkover shall not be constructed with pavers. It may consist of grass or a wooden pathway. 7. All areas seaward of the CCSL, outside of the footprint of approved minor structures, shall be left in their natural condition, or landscaped using native coastal dune or strand vegetation exclusively. 8. The petitioner shall utilize only native coastal dune vegetation for all on -site landscaping beyond the 1974 Coastal Construction Control Line, with the exception that sod made be used, as it has been permitted throughout the Vanderbilt Beach coastal area. 9. The petitioner shall re- vegetate the beach immediately seaward of the existing seawall with coastal dune vegetation. The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Environmental Services Staff prior to the issuance 'of a certificate of occupancy. 10. The petitioner shall install appropriate signs in the revegetation area indicating that beach users are required not to intrude into this revegetation area. 11. In the case of the destruction of any structures seaward of the CCSL, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of their destruction, any reconstruction shall conform to the provisi7ns of,the and No.J i OCT 1 4 2003 �.3 Development Code in effect at the time of reconstruction, including Division 3.17. Said reconstruction may require a new CCSL variance. 12. If construction has not commenced within 2 years of the approval of this variance, the petitioner shall consult with County staff to determine if any modifications will be required as a result of changes to the CCSL ordinances. 13. Minor revisions to this approval (including changes in siting and structures) may be approved, in writing, by the Environmental Services Director, or his/her designee. PREPARED BY: BARBARA S. BURGES PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT REVIEWED BY: i' LIAM D. LORENZ, P.E, IRECTOR ENVIRONMENTAL SERVICES DEPARTMENT APPROVED BY: �• r a ,] -U -C' J DATE v2 4 OSItPH K. SC ITT, ADMINISTRATOR D Mr E MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/CCSL- 2001 -5 /AR -1922 OCT 14 2003 pklr�-4-- WHIR; �` +. Jn L +• �r.0 1 J I J; JII w r Nr � 1 star rr. - I �I ..�, nM• ..t w fJ +�, aw/ rine +J R y MW aor �Or IepIQ NIr w A - Nlel r e.. L-0— — L - - - -- � N 77/jr QK .1RIr1 f® +) AVOW �- + ..o rl Ir .I �RO1Op1+ i I� +� Iry - • T rr. -w.w' f FOR ec --- '{ +J f� I + h7 :'4 w Rrnr.— I mree►.1,.. � Exhibit A CCSL- 2001 -5 AR -1922 now K ow 1 t -11U ft" ------------ • R eet 1 1 dri srly� -t �aw r' I r.e aerrrra 1 rrr R•rWr 1 iceR; 1 1 1 1 1 1 Rw 1 tlEl L —II rr..na 1 1 1 O i 1 . ees`I�JJ�JI am opt f is 1 �wm =dmm— c sm am ow i 1 tie We OIre7 O rr��rMMMM/11IwwF�• rf I I I w..1 . 9b•r SAeI qrl' � ; - , � - - 1 `siu 1 1 rertw rle WAWA* r iris 1 +,c �,r• -�I I�' J— �_J rv. �� I � I I 1 °" r 0 + B'117• I + II � .y -.;�` 11 - / \ I j I 1 � p Owrnrs rA." W t II I wrr.7 —10 — ni rrs w..x. / os° Ii �'• • r ;vr I �brt I 1 J J' I I I J JI I star «r1.re '14t%r J o le Bip Jraa1�1 1� -------- --------- -- *'r +J II 4J `J I i u rur --far ior6 / 1.ws i J � y w off _ yp� M1.rro -- + + �I + J rt r aloe swi ✓J' �-�—+� ,`J, � :: • . `� 1 F �� 1 � 1 4' °_' , ? � �, a :� e x IAo' a N1e1 wooer Yr I - frrue wr ■ 1 1 to ML / I waw IL u J 1 1 1 of 1 ft.ry YLr. ��Y. ,� N3�it•.� /�v \ i //��rrrlY.ee� - - - -- W \\ I / 1j1 ' \ .. i 1 E SOr1M1lf Cteoss -star SWU AM i � I ♦ � ♦'+ � / '(� .. \'. 1 . 1n1111 1 � S7FDQ ANe ri. S 'Story Ieii•r \ I / LQ \ ... 1 - rl N-! , 1 �gowr CnuM inter AGENn• OCT �1 4 2003 Pa. ✓ RESOLUTION NO. 03-. A RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL- 2001 -5 /AR -1922 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW CONSTRUCTION OF A MULTISTORY RESIDENTIAL BUILDING, A PARKING STRUCTURE, TWO SWIMMING POOLS WITH EXTENSIVE PAVER DECKING, AND A WOODEN BOARDWALK CONNECTING TO A HANDICAPPED BEACH ACCESS RAMP ALL OF WHICH ARE LOCATED ON PROPERTY KNOWN AS THE VANDERBILT BEACH MOTEL WITH A STREET ADDRESS OF 9225 GULFSHORE DRIVE NORTH IN AN AREA GENERALLY KNOWN AS VANDERBILT BEACH AND MORE PARTICULARLY DESCRIBED AS LOT 4, BLOCK A, CONNERS VANDERBILT BEACH ESTATES UNIT NO. 1, LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, Brett Moore of Humiston and Moore Engineers, representing the Vanderbilt Beach Motel, requests a variance from the Coastal Construction Setback Line (CCSL) as required by the Collier County Land Development Code, Division 3.13, as amended, to allow construction of a multi -story residential building, a parking structure, two swimming pools with extensive paver decking and a wooden boardwalk connecting to a handicapped ramp (Exhibit A); and WHEREAS, the proposed structures will extend approximately one - hundred -thirty feet seaward of the adopted CCSL; and WHEREAS, the buildings will not extend further seaward than the building on the parcel immediately adjacent to the north of this property. WHEREAS, an extensive paver brick terrace will extend seaward of the pools, approximately 100 feet beyond the CCSL but the area will be minimized to the greatest extent possible; and WHEREAS, the subject property is located on the west side of Gulf Shore Drive approximately one - quarter of a mile north of Vanderbilt Drive; and WHEREAS, the petition is consistent with the Collier County Land Development Code, Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan, Conservation and Coastal Management Element. OCT 14 2003 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL-2001-5/AR-1922 be approved subject to the following conditions: 1. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP), Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided to Collier County Environmental Services Review Staff, prior to issuance of a building permit. 2. Construction activities shall not occur within one - hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code, Division 3. 10, between May 1 and October 31, 2003, or beyond, of each year, during the sea turtle nesting season, until construction is completed, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 3. The petitioner shall notify the Environmental Services Review Staff one week prior to commencing construction seaward of the CCSL and shall again contact said Staff within one week following completion of construction seaward of the CCSL. 4. Outdoor lighting associated with construction, or development within three- hundred (300) feet of the mean high water line, shall be in compliance with Collier County Land Development Code, Division 3.10. 5. Minor structures such as pools shall have minimal deck areas, not to exceed an average of 15 feet in width, around each pool. 6. The pathway from the pool to the dune walkover shall not be constructed with pavers. It may consist of grass or a wooden pathway. 7. All areas seaward of the CCSL, outside of the footprint of approved minor structures, shall be left in their natural condition, or landscaped using native coastal dune or strand vegetation exclusively. 8. The petitioner shall utilize only native coastal dune vegetation for all on -site landscaping beyond the 1974 Coastal Construction Control Line, with the exception that sod made be used, as it has been permitted throughout the Vanderbilt Beach coastal area. 9. The petitioner shall re- vegetate the beach immediately seaward of the existing seawall with coastal dune vegetation. The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Environmental Services Staff prior to the issuance of a certificate of occupancy. 10. The petitioner shall install appropriate signs in the revegetation area indicating that beach users are required not to intrude into this revegetation area. 11. In the case of the destruction of any structures seaward of the CCSL, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of their destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction, including Division 3.17. Said reconstruction may require a new CCSL variance. 12. If construction has not commenced within 2 years of the approval of this variance, the petitioner shall consult with County staff to determine if any modifications will be required as a result of changes to the CCSL ordinances. 2 OCT 14 2003 13. Minor revisions to this approval (including changes in sitin,; and structures) may be approved, in writing, by the Environmental Services Director, or his/her designee. This Resolution adopted after motion, second and majority vote. DONE AND ORDERED this day of , 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DATE: ATTEST: BY' DWIGHT E. BROCK, Clerk THOMAS HENNING, CHAIRMAN DEPUTY CLERK Approved as to Form and Legal Sufficiency: Marjori Student Assistant County Attorney 3 OCT 1 4 2003 Exhibit CCSL-:2001-5 AR -1922 --------------- ---------- some aw awr w we R 1I 1 mow Im tr. val. ws I 7 Aw 71 AW 'r loo +- vw ft, + MA Am am w ■ R OAMM 0 w V 1111M am" + I All► W OISM WNP Im fw� I'mas r 'r pm + Omp % pa .4 + + W..40 W-M~W 4i pon W lb 1 I I I o;t +'r i + r t t - -------- & oft 14 4rn mum + + + vot Pore se a fm \ — — mm, ------- xrx 10 U. a Aa x W= am a CUT* Ir or x V,m 11(f me cow 0 t VI s. OCT " 14 2001 Pg. q Ray, Eli 71 1 ,4 _ rl��L�:- ZT, !lo ,NX, 71 1S. f. Exhibit CCSL-:2001-5 AR -1922 --------------- ---------- some aw awr w we R 1I 1 mow Im tr. val. ws I 7 Aw 71 AW 'r loo +- vw ft, + MA Am am w ■ R OAMM 0 w V 1111M am" + I All► W OISM WNP Im fw� I'mas r 'r pm + Omp % pa .4 + + W..40 W-M~W 4i pon W lb 1 I I I o;t +'r i + r t t - -------- & oft 14 4rn mum + + + vot Pore se a fm \ — — mm, ------- xrx 10 U. a Aa x W= am a CUT* Ir or x V,m 11(f me cow 0 t VI s. OCT " 14 2001 Pg. q EXECUTIVE SUMMARY RZ- 2003 -AR -4041 J. GARY BUTLER, OF BUTLER ENGINEERING, INC., REPRESENTING SPINELLI LAND HOLDINGS, LLC, REQUESTING A REZONE FROM A RURAL AGRICULTURAL TO "RSF -4(3)" FOR A SINGLE - FAMILY DEVELOPMENT. PROPERTY IS LOCATED ON THE SOUTH SIDE OF GOLDEN GATE CANAL I MILE EAST RAANGE 26 EAST, COLLIER COUNTY, FLORIDA, ONSI T NG OF 40t ACRES. 31, TOWNSHIP 49 SOUTH, OBJECTIVE: The Board of County Commissioners will consider the record presented to date and determine whether the requested rezone is consistent with the Collier County Growth Management Plan (GMP) and in compliance with the Land Development Code (LDC) and whether approval is in the best interest of the community. CONSIDERATIONS: This petition is a continuance of a rezoning request (Petition #R -99 -7) seeking a rezoning from "A" to "RSF -4" that was originally heard in 1999. The applicant at that time was William Minnielli. Since that time, the property has been purchased by Spinelli Land Holdings, LLC, was heardlso the hedevelo Planning of Briarwood PUD, the adjacent tract. The R -99 -7 ( Minnielli) petition Commission (CCPC) and forwarded to the Board of County Commissioners on September 28, 1999. At that time, staff was supporting the requested rezoning with stipulations and the CCPC added other stipulations. Staff, the Planning Commission, and the Board, as well as the property owners along San Marcos Boulevard, had concerns about the traffic impact this project would have upon San Marcos Boulevard. The petition was continued at the petitioner's request to allow the petitioner to investigate gaining access through the Briarwood project rather than via San Marcos Boulevard because Briarwood density is more compatible with the proposed rezoning than the Estates zoned area along San Marcos Boulevard. The new owner authorized a new agent to re- activate the rezoning petition. Updated documents were submitted to staff on May 8, 2003. The petitioner indicates that he now wishes to develop this site with a maximum of 120 single- family homesites, which would equate to a density limitation of 3 units per acre. The petitioner is seeking a rezoning to RSF -4 so he can utilize e development Part of the new for that zoning prohibits access RfSom the 40s for smaller lots than the RSF -3 zoning acre tract to San Marcos Boulevard. Access into this site will be limited to two interconnections by the through the Briarwood PUD. An insubstantial othat Master Plan Brattached,Phowingsthepa�ces o CCPC on September 18, 2003. A py points aligning with unplatted areas or existing platted roadways within Briarwood. . FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. 1 Execu"we SUM"" Page 1 at 4 G \: Current \Deselem \Rezl�ne ceaestSO" AGENOA ITEM No. OCT 14 2003 Typical Impact Fees for a single - family house include: Parks $ 578.00 per home Libraries $ 181.00 per home School $1778.00 per home Road $1528.00 per home EMS $ 14.00 per home Correctional Facility $ 118.00 per home Fire $ 0.15 per square foot Based upon the minimum square- footage stipulation added by the CCPC, the impact fee for each single story single family home would be $4,347. If all 120 homes were constructed, the total of the impact fees would be $521,640. GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Urban - Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map of the GMP. This Subdistrict allows residential uses, including single - family uses. The Density Rating System in the GMP indicates that the site is eligible for a total of 3 DU /A, because the site is subject to a Traffic Congestion Area density reduction. Base Density (allowed in GMP and RSF -4) 4 du /a Eligible Density 4 du /a X 40.0 acres = 160 dwelling units Density limitation proposed by applicant: 3 du /a X 40.0 acres = 120 dwelling units As shown above, given the site's acreage and the allowed density of 4 DU /A in the RSF -4 zoning district, this rezone would allow a total of 160 dwelling units. Based upon the above analysis, staff concludes that the proposed uses (those allowed in RSF-4 zoning district) may be deemed consistent with the Future Land Use Element; and the proposed density of 4 DU /A may be deemed consistent with the FLUE. With the conditions imposed by staff to limit access, the rezone is compatible with the neighborhood, and thus the rezone may be deemed consistent with FLUE Policy 5.4 requiring compatibility. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council will hear this petition after submittal of the Preliminary Subdivision Plat, so the EAC can study wetland jurisdictional lines, flowways, and habitat boundaries in relation to the proposed subdivision. PLANNING COMMISSION RECOMMENDATION: This petition was heard at the September 18, 2003, CCPC meeting. The CCPC unanimously approved this petition but added two conditions to the five staff had offered. The CCPC added condition #6 to ensure compatibility with the neighboring Briarwood PUD, and added two alternatives for Condition #7 because the applicant and the neighbors could not come to agreement on what would best address the perceived incompatibility along the northerly 600± feet of the eastern property line. G%:Current0ese1em \Rezone cases \Spinelli --AR- 2003 -AR -4041 Executive Summary Page 2 014 IM OCT 1 4 2003 pc__!!�_ This is the area along the eastern boundary that is north of the FP& L easement. Currently there are single- family homes on Estates zoned lots that will border this RSF -4(3) zoned tract. Some of those neighbors want this developer to erect a wall to separate their lots from the subject site, and other neighbors wish to have a berm with enhanced vegetation separating the lots from this site. The CCPC did not make the decision; they have forwarded a recommendation to the Board to allow the board to make that decision. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the Growth Management Plan and Land Development Code. Staff has included conditions to reiterate commitments made by the petitioner, to address concerns raised by staff during the review of this petition, and to address the discussion at the CCPC. Planning Services staff recommended that the Collier County Planning Commission forward Petition RZ- 2003 -AR -4041 to the Board of County Commissioners with a recommendation of approval with the following conditions: 1. The residential density of the subject parcel is limited to a maximum of three units per acre and development of no more than 120 dwelling units of which all must be single - family detached dwelling units /residences. 2. Access to this site must be via interconnections through Briarwood PUD; access from San Marcos Boulevard is prohibited. -` 3. The developer will be required to submit a wetland jurisdictional determination with the first development order application. 4. The petitioner will be required to submit an Environmental Impact Statement (EIS) when seeking the first development order and the development order petition must be heard by the EAC. 5. Prior to plat approval for any portion of the 40 acre tract, the ownership entity must provide to Collier County Planning staff a signed and.notarized affidavit that indicates that all proposed lots and common areas within the 40 acre tract will be incorporated into the property/homeowners association for the Briarwood PUD at the time of final plat recordation, and further, the affidavit must state that assurances have been made in the association documents to ensure that the proposed lots in the 40 acre tract will proportionately share all association fees and costs. 6. All dwelling units must contain a minimum floor area of 1,000 square feet. 7. Alternative #1 would require the developer to provide a 4 -foot high berm within a 15 -foot wide buffer that would include a hedge that consists of ten gallon -sized 5 -foot tall shrubs with a three foot spread spaced three feet on center with 80 percent opacity within one year. The buffer and berm would need to be in place as part of infrastructure improvements, and comply with all LDC buffer requirements for quality and irrigation; or 8. Alternative #2 would require the developer to provide a six -foot high structural (concrete or . precast) wall instead of a Type A buffer . q: crosseSpow16- N:- 2003-AR -4041 Executive Summary Page 3 of 4 AGrA I No. OCT 14 2003 Pg. 3 PREPARED BY: R-2N EkSELEM, AICP PRINCIPAL PLANNER REVIEWED BY: SjdSAN MURRAY, AICP CURRENT PLANNING MANA L APPROVED BY: 9 -18 DATE DATE O EPH K. SC MITT D Tff ,C MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR RZ- 2003 -AR -4041 Attachment: Master Plan for Briarwood PUD G \_currertt\Deseiem%P* zonw — -- —t FxwM6 CSww"w r P'augr4CP4 A ITS to.y 2003 PQ. EXHIBIT A: PUD MASTER PLAN LAND USE. SUMMARY TRACT SF.• SAVOL£ FAYN Y R£SMW 17AL 09.7 AC TRACT A: WA MAW Y RESIDENTIAL 103 AC TRACT H ! G• COAAAMrY COMMERICAL 1.x99 AC TRACT 0:• RECREA DON AREA 100 AC TRACT E.• CONSERVATION AREA 700 AC LAKE AREA 31.00 AC RKW -OF -WAY _ 27.00 AC UIOWGSTON ROAD R/W 11.00 AC FPL £ASEWNT 200 AC OPEN SPACE / BUFFER 250 AC TOTAL 20A17 AC PROJECT INTERCONNECT (TYP) TRACT 8 &C N W E 0 S 6w --� RAD10 ROAD _ - - PQ R§A QWOO D pC e , A PARCEL IN SEC77ON J1, T 49 S, R 25 E, COLLIER COUNTY, FLORIDA RE- SUBMITTAL PDI- 2003 -AR -4061 PROJECT # 19990137 DATE: 7/29/03 KAY DEgvll vm AGENDA ITEM 8 -G CiO, �C.1..7 eY COTil.7�1� MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JULY 31, 2003 RE: PETITION: RZ- 2003 -AR -4041, SPINELLI LAND HOLDINGS LLC REZONE OWNER/AGENT: Agent: J. Gary Butler Owner: Spinelli Land Holdings, LLD Butler Engineering, Inc. 3927 Arnold Avenue 2223 Trade Center Way Naples, FL 34104 Naples, FL 34109 REQUESTED ACTION: This petition seeks to rezone a 40± -acre parcel from Agricultural (A) to Residential Single - family (RSF- 4(3)). The applicant has agreed to limit the density of the tract to a maximum of three units per acre (DU /A). GEOGRAPHIC LOCATION: The property is located on the south side of Golden Gate canal, one - quarter mile east of Livingston Road and one -half mile north of Radio Road, and has access to San Marcos Boulevard via Owen Lane. The subject tract is adjacent to (east of) the Briarwood PUD, a 209 -acre developing residential project with a maximum density of 2.87 units per acre and a maximum of 600 dwelling units comprised of a variety of housing types. PURPOSE/DESCRIPTION OF PROJECT: This petition is a continuance of a rezoning request (Petition #R -99 -7) seeking a rezoning from "A" to "RSF -4" that was originally heard in 1999. The applicant at that time was William Minnielli. Since that time, the property has been purchased by Spinelli Land Holdings, LLC. who is also the developer of Briarwood PUD. The R -99 -7 ( Minnielli) petition was heard by the Planning Commission and forwarded to the Board of County Commissioners on September 28, 1999. At that time, staff was supporting the requested rezoning with the stipulation that the project be limited to a maximum of 157 units total; with 100 units in the first phase and the remainder to be allowed in a subsequent phase after a secondary access to the site was Identified and constructed to collier county roadway standards and all application county land development codes" [from the September 28, 1999 Board of County Commissioners meeting minutes]. Staff had concerns about the traffic GACurrent\Deselem\Rezone cases\Spinelli (Minnielli) AR- 2003 -AR -4041 (companion to 4061)lstaff report.doc would have upon San Marcos Boulevard. Staff included other stipulations at that time to address traffic concerns. The Planning Commission recommended approval of the rezoning but added a more restrictive density stipulation that would have limited the project to a density of 0.8 dwelling units per acre. This would have limited the project to a maximum of 32 units, but did not support staffs traffic stipulations. Several neighboring property owners voiced concerns about compatibility with the developed lots along San Marcos Boulevard and increased traffic. The petition was continued at the petitioner's request to allow the petitioner to investigate gaining access through the Briarwood project rather than via San Marcos Boulevard because Briarwood density is more compatible with the proposed rezoning than the Estates zoned area along San Marcos Boulevard. The new owner authorized a new agent to re- activate the rezoning petition. Updating documents were submitted to staff on May 8, 2003. The petitioner indicates that he now wishes to develop this site with a maximum of 120 single- family homesites, which would equate to a density limitation of 3 units per acre. The petitioner is still seeking a rezoning to RSF-4 so he can utilize the development regulations for that zoning district. RSF-4 allows for smaller lots that the RSF -3 zoning district. This site is to be developed concurrently with, and as part of, the development of the Briarwood PUD project located to the west. Access into this site will be limited to two interconnections through the Briarwood PUD. The access points will align with unplatted areas or existing platted roadways within Briarwood. The Briarwood PUD is the subject of a request, PDI- 203 -AR -4061, to allow a master plan change to reflect the interconnections. That item that will be heard on the same agenda. The parcel is currently zoned Rural Agricultural (A), and is bordered by "E" Estates zoned parcels to the east. The parcel is withit the Urban Designated area, so it is eligible to request rezoning to RSF -4. If the lot is rezoned to RSF -4 without a limitation, a maximum of 160 units could be achieved if all other requirements could be met. If the land is zoned to RSF -4 with the 3 DU /A density cap proposed by the petitioner, a maximum of 120 units could be achieved — again, if all other requirements could be met. SURROUNDING LAND USE AND ZONING: Subject Parcel: undeveloped tract that is bisected by an FPL easement Surrounding: North: Golden Gate Canal, then Estates zoned lots developed with single - family homes East: a continuation of the FPL easement running to the south and Estates zoned single - family homes South: Single - family homesites within the Briarwood PUD West: Single - family homesites within the Briarwood PUD GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict allows residential uses, including single family; institutional uses (e.g., church, day care); essential services; and, recreation and open space uses. The project does not qualify for any density bo uses and is not subject to density reduction. Accordingly, the site is eligible for four DUs /A. AGENQA I T 1 � 2003 GACurrent\Deselem\Rezone cases\Spinelli (Minnielli) AR- 2003 -AR -4041 (companion to 4061)lstaff report.doc P e2 0 Pg. U Base Density (allowed in GMP and RSF-4) 4 du/a Eligible Density 4 du/a X 40.0 acres = 160 dwelling units Density limitation proposed by applicant: 3 du/a X 40.0 acres = 120 dwelling units As shown above, given the site's acreage and the allowed density of 4 DU /A in the RSF4 zoning district, this rezone would allow a total of 160 dwelling units. Based upon the above analysis, staff concludes: The proposed uses (those allowed in RSF-4 zoning district) may be deemed consistent with the Future Land Use Element; and the proposed density of 4 DU /A may be deemed consistent with the FLUE. With the conditions imposed by staff to limit access, the rezone is compatible with the neighborhood, and thus the rezone may be deemed consistent with FLUE Policy 5.4 requiring compatibility. 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 historic /archaeological survey and assessment is required. 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 includes a review by the Community Development Planning, Environmental and Engineering -aff, and the Transportation Services Division. Because no definitive plans are required at the rezoning stage, an Environmental Impact Statement (EIS) and a jurisdictional wetland determination have not been required at this stage. However, staff has included conditions that require the project to be reviewed by the Environmental Advisory Council (EAC) as part of development approval, i.e., when a site plan will be provided. Transportation Department staff has not offered conditions to address any specific concerns. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition was not heard by the EAC. The EAC will review the proposed development of this site prior to approval of the Preliminary Subdivision Plat, so that the EAC can study wetland jurisdictional lines, flowways, and habitat boundaries in relation to the proposed subdivision. Review by the EAC at the rezoning stage would be premature because the site plan is not binding and the EAC would only be reviewing a rectangle of land without lots, roadways or preserves. The Plat will show the location of lots, roadways, preserves, and retained native vegetation. The final plat design could result in a reduction in the number of lots that are ultimately developed on the site, in light of development criteria regarding open space, water management, roadway design and other compliance with other requirements of the LDC. The project must be in compliance with all federal, state and county regulations governing development. ANALYSIS: Appropriate evaluation of petitions for rezoning establishes the factual basis for supportive action by appointed and elected decision - makers. The evaluation by professional staff incluges'U17-SE M — ..rft' — ArtWo3AR-4ft, (c=perw . to 4MtAstR repad dW T 14 2403: PB•_!_ the project's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the GMP. Other evaluation considerations 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. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based (LDC Section 2.7.3.2.5). This evaluation forms the basis of the recommendation (of approval or denial) by the Planning Commission, which is forwarded to the Board of County Commissioners (BCC). The BCC considers the relevant information and renders a final decision regarding the request. Each of the potential impacts or considerations identified during the staff review is listed below. Each of the criteria is summarized culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as a separate document that is attached to the Staff Report. In addition, staff offers the following synopsis. Relationship to Future 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 GMP. Because the property is designated Urban Mixed - Use, Urban Residential Sub - district on the Future Land Use Map, this district permits residential uses as proposed, at the density proposed. Staff believes that the petitioner's requested uses and density are compatible with the neighborhood, thus this petition is consistent with the GMP. Relationship to Existing Land Uses - The subject site is bordered by platted lots of similar size within Briarwood PUD (to the west and south), a canal I , the north), and other residentially developed parcels on larger tracts to the east. Although the petitioner may utilize the RSF-4 zoning district's development requirements, the petitioner has agreed that the parcel will not be developed at a density greater than 3 units per acre. That limitation would make the development fundamentally compatible with Briarwood PUD which is developed at a density of 2.8 units per acre. Because the petitioner has agreed to provide all access thru Briarwood and not allow access to San Marcos Boulevard, the trips generated by the subject property would not be traveling through a less populated areas, thus ensuring there are no traffic generated compatibility issues. Therefore, staff believes the uses allowed in the petition would not adversely impact the existing residential land uses in the area. Furthermore, staff believes that the development regulations, landscaping, and the screening and buffering requirements of the "RSF -4" District are consistent with other residential properties in the area. Utility Infrastructure - The petitioner has indicated that he will connect to the County utility system to provide water and sewer service to this project. All development must comply with surface water management requirements of the LDC. This issue is addressed during plan review. Traffic Circulation and Impact - Staff believes the proposed zoning change, as conditioned, will not have a significant impact on any County road because site - generated trips will not lower the level of service below adopted standards. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone to RSF -4(3) is consistent with the applicable provisions of the Growth Management Plan and Land Development Code, as conditioned by staff. Therefore, Planning Services staff recommends that the Collier County Planning Commission forward etitiolt6 2W3- G: \Current \Deselem \Rezone cases \Spinelli (Minnielli) AR- 2003 -AR -4041 (companion to 4061)\staff report.doc +ge W 1 4 2003 Pg. /� AR -4041 to the Board of County Commissioners with a recommendation of approval with the following conditions: 1. The residential density of the subject parcel is limited to a maximum of three units per acre, and development of no more than 120 dwelling units of which all must be single - family detached dwelling units /residences. 2. Access to this site must be via interconnections through Briarwood PUD, Access from San Marcos Boulevard is prohibited. 3. The developer will be required to submit a wetland jurisdictional determination with the first development order application. 4. The petitioner will be required to submit an Environmental Impact Statement (EIS) when seeking the first development order and the development order petition must be heard by the EAC. 5. Prior to plat approval for any portion of the 40 acre tract, the ownership entity must provide to Collier County Planning staff a signed and notarized affidavit that indicates that all proposed lots and common areas within the 40 acre tract will be incorporated into the property/homeowners association for the Briarwood PUD at the time of final plat recordation, and further, the affidavit must state that assurances have been made in the association documents to ensure that the proposed lots in the 40 acre tract will proportionately share all association fees and costs. G1Grrent\Dese1emAkezcne cases\Spinelli (Minnielli) AR- 2003 -AR -4041 (companion to 4061)lstaff report.doc AGEtd A ITEM OCT 1 4 2003 5of6' Pt. SO PREPARED BY: KAV D SELEM, AICP PRINCIPAL PLANNER REVIEWED BY: SUSAN MURRAY, AICP CURRENT PLANNING MANAGER APPROVED BY: JOSEPH K. SCHMITT g -62-4 -03 DATE DATE -2---2 - 6 3 DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN Staff report for the September 18, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the October 14, 2003 Board of County Commissioners Meeting G: %Current\Deselem\Rezone cases%Spinelli (Minnielli) AR- 2003 -AR -4041 (companion to 4061)\staff report.doc OCT 14 2003 6of6 pg•1 -- ORDINANCE NO. 03— AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 102 AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9631N BY CHANGING THE TONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTH SIDE OF GOLDEN GATE CANAL 1/4 MILE EAST OF LIVINGSTON ROAD AND 3/4 MILE NORTH OF RADIO ROAD, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO "RSF -4(3)" FOR A SINGLE - FAMILY DEVELOPMENT; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, J. Gary Butler of Butler Engineering, Inc., representing Spinelli Land Holdings, LLC, in a petition identified as RZ- 2003- AR4041, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property as more particularly described as: The Northeast V. of the Northwest Y. of Section 31, Township 49 South, Range 26 East in Collier County Florida is changed from "A" Rural Agricultural to "RSF -4(3)" and the Official Zoning Atlas Map numbered 9631N, as described in Ordinance 91 -102, as amended, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions contained in Exhibit A. attached hereto and incorporated by reference herein: OCT 1 4 2003 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2003. ATTEST: BOARD OF COUNTY CONOMSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency. Patrick G. to Assistant County Attorney RZ- 2003- AR- 4041/KD /sp Attachment: Exhibit A. Stipulations Pape 2 of 2 A OCT 1 4 2003 SPINELLI LAND HOLDINGS LLC REZONE 1. The residential density of the subject parcel is limited to a maximum of three units per acre and development of no more than 120 dwelling units of which all must be single - family detached dwelling units/residences. 2. Access to this site must be via interconnections through Briarwood PUD, Access from San Marcos Boulevard is prohibited. 3. The developer will be required to submit a wetland jurisdictional determination with the first development order application. 4. The petitioner will be required to submit an Environmental Impact Statement (EIS) when seeking the first development order and the development order petition must be heard by the EAC. 5. Prior to plat approval for any portion of the 40 acre tract, the ownership entity must provide to Collier County Planning staff a signed and notarized affidavit that indicates that all proposed lots and common areas within the 40 acre tract will be incorporated into the property/homeowners association for the Briarwood PUD at the time of final plat recordation, and further, the affidavit must state that assurances have been made in the association documents to ensure that the proposed lots in the 40 acre tract will proportionately share all association fees and costs. Revised: 8/26/03 AGENDA IT No. OCT 14 2333 Pg.� Conditions of Approval Exhibit A RZ -2003- ,ASR -40W` REZONE FINDINGS PETITION RZ- 2003- AR4041 Section 2.7.2.5. of the Collier County Land Development Code (LDC) 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: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map (FLUM) and the elements of the Growth Management Plan GMP). Pro: 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 Staff Report. Con: None Summary Findings: The proposed development, capped at a density of 3 dwelling units per acre, is in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern; Pro: Although there is no RSF -4 zoning in the area, the Briarwood PUD located both south and west of this site shares similar development regulation limitations. Con: None Summary Findings: The proposed land use is consistent with the future land use pattern in the area. This property and the other properties in the area are within the Urban Area. The entire area is located in the Urban Mixed Use District on the FLUM. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed land use is consistent with the zoning and future land use pattern in the area. Con: NONE Summary Findings: The rezoning of this parcel will not result in an isolated district unrelated to adjacent and nearby districts because single - family uses are permitted by the Growth Management Plan and by the zoning in this general area. AGEIVOA 111 4. Whether existing district boundaries are illogically drawn in relati to'llisting4 — conditions on the property proposed for change. OCT 1 4 2003 1 RE PETITION Pro: The district boundaries are logically drawn. Con: None Summary Findings: The district boundaries are logically drawn, and they are based upon an Urban designation in the Future Land Use Element of the Growth Management Plan. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The property owner believes that the property could best be utilized as a single - family subdivision, as allowed by the Growth Management Plan. Con: None Summary Findings: The site is not utilized for agricultural purposes as it is currently zoned. The surrounding area is not zoned or used for agricultural purposes either. The surrounding area is evolving into a residential area, with smaller lots allowed in the PUD to the west and south, and larger lots allowed to the north and east. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: As conditioned by staff there should be no adverse influence on living conditions in the neighborhood because staff has incorporated conditions to limit access into the less intensely developed and zoned "E" parcels to the east. . Con: The proposed rezoning will increase traffic within Briarwood PUD because the traffic from the 40 -acre tract will traverse through Briarwood, however it has been represented to staff by the property owner that the homeowners within the 40 -acre subject tract will be required to pay assessments to offset those impacts. Summary Findings: The proposed rezone will not have an adverse impact on the neighborhood outside of Briarwood. The traffic impacts should to Briarwood residents should be mitigated by increased funds collected from the residents of the 40 -acre tract. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: Radio and Livingston Roads are not operating above allowable capacity. Con: Both the construction and occupancy of single - family homes will incr ase �A - - within Briarwood PUD and the roadways that serve it —Radio Road and ivisp on Road. OCT 1 4 2003 2 REZONE YMINGS Pri TT7InN.R7_2f1 _AIPat041 Summary Findings: Both the construction and occupancy of single - family homes create traffic. However, Briarwood PUD is experiencing the same issues as it is developing at this time as well. The impact should be similar to the impact already occurring within Briarwood. Since the 40 -acre tract is within the Urban Area, rezoning to a higher density should be anticipated, and encouraged, as those are the areas where services can most efficiently be extended to serve those uses. 8. Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Con: None Summary Findings: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The uses allowed within the proposed zoning district should not be significantly different from what currently exists. Con: None Summary Findings: All projects in Collier County are subject to the development standards of the zoning district in which it is located. The maximum building height in the RSF-4 district is 35 feet. The maximum building height in the A district is 35 feet which is similar to what is allowed in the PUD and the Estates zoning district. Therefore, the availability of light and air to the neighbors will not be affected. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This rezone will allow construction of single - family houses instead of agricultural activities. Con: Evaluation not applicable. Summary Findings: An appraisal of estimated future property values resulting from a rezone from A to RSF -4(3) was not required to be submitted. However, single - family homes adjacent to other single - family homes on similarly sized lots do n� negatively affect property values. 11. Whether the proposed change will be a deterrent to the impro emTq qVi 2003 development of adjacent property in accordance with existing regulations Pg. I U 3 REZO PETITION RZ- 2003- AR4041 Pro/Con: Evaluation not applicable. Summary Findings: Development of adjacent properties in accordance with existing regulations will not be affected. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro /Con: Evaluation not applicable. Summary Findings: The proposed rezone complies with the Growth Management Plan. Because of this consistency, the proposed change does not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro /Con: Evaluation not applicable. Summary Findings: The property could support a single - family home and/or an agricultural operation, however the property owner is entitled to seek a rezoning that is in compliance with the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed development complies with the Growth Management Plan. Con: Evaluation not applicable. Summary Findings: The property is currently zoned A and the rezone is consistent with the Growth Management Plan; therefore it is not out of scale with the neighborhood or the County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro /Con: Evaluation not applicable. Summary Findings: There are many other agricultural parcels in the County. The petitioner wishes to build single - family homes on this parcel. 16. The physical characteristics of the property and the degree of site alt would be required to make the property usable for any of the range of under the proposed zoning classification. Pro /Con: Evaluation not applicable. 4 REZONE PETITION RZ-20 OCT 1 ; 2003 Summary Findings: The subject property is an undeveloped parcel. While site conditions (wetlands) may restrict the location and number of single - family house, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro /Con: Evaluation not applicable. Summary Findings: The rezoning of this property will eventually result in the creation of a subdivision. The subdivision will be reviewed for compliance with the Levels of Service required for public facilities in the area. OCT 14 200? pg. a_ 5 REZONE FINDINGS PETITION RZ- 2003- AR4041 APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Petition No.: Commission District: RE- SUBMITTAL Date Petition Received: - RZ- 2003 -AR -4041 PROJECT #2003040039 Planner Assigned: DATE: 7/29/03 KAY DESELEM ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) �+�� n 6l l i j..an d I Old 1 hG S L1--C Applicant's Mailing Address 4rn0 /j _ City ILin Dle-6 State FL-- Zip 3 -41 D14- Applicant's E -Mail Address: N/A- Applicant's Telephone # 436- 03C)l Fax # 43 57- O 2 5 8 Name of Agent - 1 _1NLk+&r [✓1G + n een r l 1-r) e• /Agent's Mailing Address v� i A3 —GL de- � Ct� -- L O U City �(� (e5 State F5L- Zip 34109 Agent's Telephone # 3(03C0 Fax # 5L.v Co - 13a-7 Agent's E -Mail Address: P b , -H e.,- Z o2- & 4 ot, ` L COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 L ed ii No. O OCT 14 2003 PHONE (941) 403- 2400/FAX (941) 643 -6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of CiN -ic Association Mailing Address H 1 City State Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPIJCA "rmO FOR PI'III.IC IIFARING FOR STANDARD REZONE - 02/2002 AGE"r ITEM No. d I OCT 1 4 2003 P�. �a I Name of Homeowner Association: 1" Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailina Address City State Zip Name of Master Association: Mailing Address City State Zip Name of CiN -ic Association Mailing Address H 1 City State Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPIJCA "rmO FOR PI'III.IC IIFARING FOR STANDARD REZONE - 02/2002 AGE"r ITEM No. d I OCT 1 4 2003 P�. �a ® If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock i ne.l l� '� 5'�• tJ cL.o (es Fc-- 34 t o 4 SSA. �i '3 �� 5' /, t- ►.; c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in die name of a GENERAL or LIMITED PARTNERSHIP, list the name of the generai rind /or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: AGE7ITEM No. OCT 1 4 2003 Arr[.ICAIM Foil fl! NAC HEARING FOR STANDARD RF.ZON f. - 0212002 n� P$. d f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address / 0 Ik g. Date subject property, acquired leased ❑ Term of lease yrs. /n1os. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date 6L ,w-;& t&-- 2c c) Z Should any changes of ownership or changes in contracts for purchase occur subsequent to the elate of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplenlerltal disclosure of interest form. 3 I desel-i ttion of the tro tcrty covcrccl by the a t th ation: (If space is illaclequate, auacll O11 sel).u•ate P:age.) If I'cglle$t illv0lYes change to more than Onc Zoning district; include separate legal description for property involved in each district. Allltlie:lnt shall submit liter (�I) copies of a recent survey (corllllleted withill the 1;lst. six Illollth >, Illa\lnitllll I" to 400 scale) it' required to do so at the Plc-applicatioll hleetlllg. [VOTE': The appjicailt is responsible fur sullltlying the correct legal description. If questions arise corlcerni►lg the legal description, an engineer's certilicatwll or scaled survey nlay be required. Section: �j \ Township: �l S lUttge: Lul; Block: Subdivision: flat Gook — ['age tt: — Property b02,q+' UoGC� 3 Metes �� Bounds Description: q Size ctrt,rtlttct t,': �3ZC� ft. \ �Z`' ft. =total Sq. Ft. O i Acres 5 Addr«til�Trncr ►I location of sltlticct ttrottcl h : e�00"h '5 tD� 6. Ad•accnt zonin.,, and Iand use: :miN,G 1:014 5'l U2/'301 2 OCT 1 4 2003 Pg. C Zoning Land use N S P� -] c— E Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: 3 Township: Range: 2 Lot: _ Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: PeU c°'y ov,'�S LTS w POD �►�� CtrDt�,.`r o rJ J Si - �SSOCiIA Rc7une Rc uC( CSt: This applicatsl�is requesting a rezone from the zoning district (s) to the `� zoning district(s). Present Use of the Property: V K�� Proposed Use (or range of uses) of the property: g , Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. I AGENDA ITEM r Standard Rezone Considerations (LDC Section 22.2.11 OCT 14 2003 ALP[ ACA I FoR P[A31 IC IIEARING FOR STANDARD RE7ONE-020-002. MINNELLI REZONE Narrative for Standard Rezone Considerations The following is provided in confirmation of compliance with the county's rezone procedures and policies. 1. 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. The proposed change complies with the FLUE of the growth management plan which allows for 4 units per acre. There are no unique environmental or topographic features associated with this site other than the central FPL easement that would be out of compliance with FLUE policies. 2. The existing land use pattern. The proposed rezone mimics the existing Briarwood PUD land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nc wrby districts. The proposed district is very compatible with surrounding land use. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. The existing district is AG which is less compatible than the proposed RSF4 district. S. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. There are no changing conditions making the rezone necessary other than the worsening shortage of available single family lots in Naples. 6. Whether the proposed change wiil adversely influence living conditions in the neighborhood. The proposed change is the most compatible use in terms of influence on adjacent uses. 7. Whether the proposed change will create or excessively increase traffic AGE. a �TEh congestion or create types of traffic deemed incompatible with surroun ding . 1 C � ► 1 `+ 2003 P,. a� land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed change will gerwell he adjacent county fa ilit es of is e internal Briarwood roadway system as s sufficient for the proposed increase. 8. Whether the proposed change will create a drainage problem. The proposed change will not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will no reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. The proposed change should improve property values compared to other potential residential uses. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will have no significant effect on development of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Utilization of the existing zoning would not be as compatible as the proposed use. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed change mimics the Briarwood neighborhood design. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 0 C T 14 2003 Pg.-a? I There are very few remaining sites in Naples that are as conducive to single family subdivision development. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The property's primary vegetation is Melaleuca and the isolated pine areas will be preserved to the extent possible in concurrence with county habitat protection policies. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. IIJ, as amended. There are adequate public facitilites for the project and existing Briarwood infrastructure has been designed for the additional phase. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. No other factors have been identified. AGFNDA ITE NO. Y OCT 14 2003 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. 11], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject nronerty: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? N C) 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre- application meeting. a. A copy of the pre- application meeting notes; b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8' /z" x 11" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and /or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3. Development Code (LDC) , or a request for waiver if appropriate. APPLICATION FOR PUBLIC IIFARING FOR STANDARD REZONE_ - 03/?002 No._�_� OCT 14 2003 P1 e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); i . Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. AG No. � OCT 1 4 2003 PI'I,IC.� "PION FOR I'lIl3LIC IlEAR1 \C FOR STANDARD REZ )NE- 02/2002 Pg. 00 .rat nN` A FFIDA VIT Well, �%�V` -� �e--" being first duly sworn, depose and say that well amlare the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and trite to the best of our knowledge and belief. We /1 understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. Wall further authorize 67-PIN �L ` to act As prope►ty owner as ourinny representative it' any matters regarding this Petition. Sig►natctre of Property Owner Typed or Printed Name of Owner �- 9-cf-I Sign u ur o Property Owner Typed or Printed Name of Owner Tlne fo'egoing instrument was acknowledged before me this AM> day of --�V L-` ( . 200 3 , by e ;P i 0 ev—t who is personally known to me or has produced as identiftcation. State of Florida Conant), of Collier 100 Donia Juneau My corns u"on DD146727 a Fd� Expires 03.2006 (Signature o o ry Public - State of Florida) Lnl,a Fat. (Print, Type, o, Stannp Commissioned Name of Notary Public) ACE No. G C T 1 4 2003 TRAFFIC IMPACT STATEMENT (TIS):_ I STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS 1. Completed Application ✓ 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a Cor oration 3. Completed Owner /Agent Affidavit, Notarized 4. Pre - application notes /minutes Conceptual Site Plans 6. Environmental Impact Statement - (EIS) 76 Aerial Photograph - (with habitat areas identified) 8. Completed Utility Provisions Statement (with required attachments and sketches 9. Traffic Impact Statement - (TIS) '10. Historical & Archaeological Survey or Waiver A lication 111. Copies of State and /or Federal Permits 12. Architectural Rendering of Proposed Structure(s) '13. Application Fee, Data Conversion Fee, Check shall be made payable to Collier County Board of Commissioners 14. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations & property owner associations were notified. Copy of audio /video recording of public meeting Written account of meeting 15. Other Requirements - # OF COPIES 15* 2* 2* 15* 15* 4 5* 4 REQUIRED PQL�IDJS A NOT DUIRED 4 v 4 4 n; A ✓ 4 NIA ✓ �CL,„N°'5L cb l �) � it I ✓ RZ-2003 -AR -4041 PROJECT #2003040039 DATE: 5/8/03 KAY DESELEM (COMPANION TO PDI- 2003 -AR -4061) * Docum0yo equired for Lonb Range Planning Review * I additional copy if for affordable housing As the aued agentlapplicant for this petition, I attest that all of the information indicated of this checklist is included submittal package. I understand that failure to include all necessary submittal information may result in the del processing this p etition. Agent/Applicant Signature APPLICATION FOR PUBLIC IIEARINC FOR STANDARD REZONE - 02t2002 'zj-2J Date AGE. A ITF' No OCT 14 2003 Pg ==�. - STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. NAME OF APPLICANT: SQ1 ��'u'� LA A 2 \a bS LL L 2. MAILING ADDRESS: '512 7 A'112N OL'r" � CITY Qk Q Lt STATE fZ— ZIP S 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): oS - pVA�L.� 4. LEGAL DESCRIPTION: Section: 3 Township: `�_ Range: 2� Lot: Block: Subdivision: Plat Book---!:— Page #: Property I.D. #: Od 2°4 b oO °d 3 Metes & Bounds Description: N ) ,4 C W S\ -T-411 S 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM El b . CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) ❑ e. SEPTIC SYSTEM 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME El d. PRIVATE SYSTEM (WELL) APPLICATION FOR PtIB IC HEARING FOR STANDARD REZONE.- 02/2002 OCT 1 4 2003 Piz. 33 7. TOTAL POPULATION TO BE SERVED: 32o 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK '5 1.3 (FPM AVERAGE DAILY Z d B. SEWER -PEAK Zb. J l P►A AVERAGE DAILY 32 0 00 (f=5- 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASf PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: &/2004 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. , A 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre- application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. 1J I.&, Utility Provision Statement RJDI 10/17/97 AGE TEM P!O. OCT 1 � 2003 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 Pa Property Appraiser's Parcel ID # 00294800003 WARRANTY DEED THIS INDENTURE, made this �— day of October, 2002 between, Pauline Y. Minnielli. an un- remarried widow, GRANTO& and to Spinelli Land Holdings, LLC a Florida limited liability company, and whose post office address is 3927 Arnold Avenue, Naples, Florida 34104, GRANTEE. (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigned of individuals and the successors and assigns of corporations, trusts and trustees.) Wrl-NESSETH: That said grantor, for and in consideration of the sum of TEN and NO /100 DOLLARS (310.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, their heirs and assigns forever, the following described land, situated, lying and being in Collier County, Florida. to wit: The Northeast 114 of the Northwest 1/4 of Section 31, Township 49 South, Range 26 East, Collier County, Florida. Subject to restrictions, conditions, reservations, easements and other matters of record. Together with all the tenements, hereditaments and appurtenances thercto belonging or in anywise appertaining. Grantor warrants that the above mentioned property is vacant property and is not Grantor's homestead and never has been Grantors homestead TO HAVE AND TO HOLD, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good rights and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. r„� AGENDA 0 C T 14 2003 35 3063145 OR: 3133 PG: 0267 11C01D11 is 0!?ICIAi UC01D5 of COUIII 000171, n 10111/2011 It 11:42U IYICC? 1. 11OCi, Clio Prepared by and return: 001,5 2000000.01 12110 1R1 10.51 Roger B. Rice. Esq. DOC -.11 14001.00 ROGER B. RICE, P.A. rate: 5425 Park Central Court IOC11 1 IM Naples, Florida 34109 5425 Butt C111T1u R Phone: (941) 593 -1444 WUS n 34119 Facsimile: (941) 593 -1169 Property Appraiser's Parcel ID # 00294800003 WARRANTY DEED THIS INDENTURE, made this �— day of October, 2002 between, Pauline Y. Minnielli. an un- remarried widow, GRANTO& and to Spinelli Land Holdings, LLC a Florida limited liability company, and whose post office address is 3927 Arnold Avenue, Naples, Florida 34104, GRANTEE. (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigned of individuals and the successors and assigns of corporations, trusts and trustees.) Wrl-NESSETH: That said grantor, for and in consideration of the sum of TEN and NO /100 DOLLARS (310.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, their heirs and assigns forever, the following described land, situated, lying and being in Collier County, Florida. to wit: The Northeast 114 of the Northwest 1/4 of Section 31, Township 49 South, Range 26 East, Collier County, Florida. Subject to restrictions, conditions, reservations, easements and other matters of record. Together with all the tenements, hereditaments and appurtenances thercto belonging or in anywise appertaining. Grantor warrants that the above mentioned property is vacant property and is not Grantor's homestead and never has been Grantors homestead TO HAVE AND TO HOLD, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good rights and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. r„� AGENDA 0 C T 14 2003 35 •� OR: 3133 PG: 0268 **2 IN WITNESS WHEREOF, grantor has hereunto set grantors hand and seal the day and year first above written Signed, and delivered in our presence: W' r l (signature) Print name of witness #1 W' a #2 (signature) Print name of witness #2 STATE OF OHIO ) ),SS COUNTY OF BUTLER ) Pauline Y. Mi elli THE FOREGOING INSTRUMENT was sworn to, subscribe'V acknowledged before me this �_ day of ��• 2002 by PAULINE Y. MINNIELLI, who is personally known tome or O who has produced as identification. blic (Seal) Printed Name Commission expires: OCT 1 �+ Pd_ '3 `-r i •'•''�. �-`,p �ytulftafterowo Mmdatm adoAMseGCo6e5e:'tlon3a7.Cl� '• f )a J OCT 1 �+ Pd_ '3 `-r AL ENO i. IL fit -, �e -. r. • r*j 4f"' 1, 4 7-4 • Yom. rr 10 4ir 00% Up I t r a p - wk, PRO �44 Mlr".Jr:=(JF IVS roff-- l TRAFFIC IMPACT STATEMENT MINNELLI REZONE April 13, 2003 Prepared For: Spinelli Land Holdings LLC. 3927 Arnold Avenue Naples, Florida 34104 Prepared By: Butler Engineering, Inc. 2223 Trade Center Way Naples, Florida 34109 f AGE ITF" " No. OCT 1 4 2003 Pg. 3 8 . r PURPOSE OF REPORT This report has been provided to fulfill f the subject Cezone'on requirement� for rezones roadway network. ttals to analyze the anticipated traffic charactertsucs o PROJECT SCOPE The subject property i f Livingston Road and north of Radio Road. Legal s a 39+ acre parcel located east o access to the project is on Radio Road e BCC The petition Boulevard and Owen Road. Access was a was continued indefinitely, and the applicant ant asn the original rezone hearing before directed to request access from Briarwood Development t to the west. The developer of Briarwood has now purchased the property and providing The petition is to a revise the zoning lma maximum of 120 units. The residential portion of Briarwood tis nearing current developer intends to build completion and this report anasesassuming the S the an Mac os acce s rout Bis not u odzed internal roadways, and the County's roadway system, EXISTING,CONDITIONS st are zoned The site is currently undeveloped. the roe rties t north. Briarwood Subsdavision bounds the ssite l to the west and The Golden Gate Canal bound south, and provides ccess access s via the exact ng Liu nos on Road entrance, although some traffic will report utilize the assumes that all a Radio Road entrance and access to the Briarwood Commercial Plaza will be provided via an interns interconnect when developed. Briarwoods internal roads arc all two I� thetsubject projectB utrr ntly serven395'sinolle am ly homes and roadway segments that will be shared 205 multifamily condominiums. Oo� matel 150 a issttiii g unitsautil utilizing Ter as a spine road e and Tivoli Lane. the two PUD entrances, there arc app Y These two roadways, coupled with Briarwood Boulevard will be the primary shared access ways for t ie proposed rezone. currently extends from Livingston Road is a six lane divided cone for tlextends from Airport Road Roat s confluence with DaRoad. Radio Road is a four lane divided Boulevard. According to the Collier of Livingston t Road,�s currently operating at�level oflservi level D with service C. Radio Road, east a nd west improvements pending according to the five year construction schedule. Golden Gate Parkway, locate north of the subject project, is also in this improvement schedule. TRIP GENERATION The proposed use of the property is single family residential (RSFd) with a maximum of I20 units. A table, based on the ITE trip generation report is attached summarizing the proposed trips. This table also includes trips generated by the existing Briarwood PUD. TRIP ASSIGNMENT Trip assignment for the RDI is provided on the attached map. EXISTING TRAFFIC Existing traffic, based on Collier County 2002 counts, is provided on the attached map. LEVEL OF SERVICE AGENO ITE No. C ; 1 y 2003 pg.-3q The current level of services, based on Collier County 2002 counts, is provided on the attached map. No change is LOS of any of the roadways is projected. RADIUS OF DEVELOPMENT INFLUENCE The radius of development influence includes only the adjacent segment of Livingston Road (687), Golden Gate Parkway (508) and Radio Road (688). INTERSECTION ANALYSIS Intersection analysis has not been provided because the total number of trips is less than the 1200 trip minimum. BACKGROUND TRAFFIC Background traffic effects have not been analyzed because of the limited effect the project will have within the RD1. FUTURE TRAFFIC Future traffic estimates are not provided due to the minimal nature of the proposed rezone. THROUGH TRAFFIC Through traffic estimates are not provided due to the minimal nature of the proposed rezone. PLANNED /PROPOSED ROADWAY IMPROVMENTS ti Collier County is in the process of improving all roads impacted by the proposed rezone. Access /intersection improvements at Briarwood entrances are complete and adequate to handle existing Briarwood traffic and the increase traffic generated by the proposed rezone. No improvements by the developer are proposed. PROJECT PHASING The project is being designed and permitted as a single phase. MITIGATION No mitigation is proposed. CONSISTENCY WITH TRAFFIC CIRCULATION ELEMENT Policy 1.3: The project has a slightly higher than 1% impact on Livingston Road, Golden Gate Parkway and Radio Road. Currently funded improvements to roadways projected to be deficient will alleviate any non - consistencies with this policy. Policy I A: The project has a neglible impact on any State roadways. Policy 4.4: The project does not front on any county right -of -ways in regards to the Pathway Work Program. Internal streets will be provided with sidewalks. Policy 5.1: The project does not impact any county roadways by 3% or more. AGENV I No. OCT 1 4 2003 PQ. 40 Policy 5.2: The project impacts to Livingston Road is calculated at 1.3% but this segment is operating above the minimum LOS. The project impact to a segment of Radio Road and Golden Gate Parkway exceeds the 1% threshold, based on today's LOS volume. The projected LOS when improvements are complete will reduces the impact to below the de minimis threshold. CONCLUSION The project will not have a significant impact on Collier County's roadway system and the impact fees that will be provided will assist the county in funding future capacity improvements that will benefit the proposed rezone, the existing Briarwood PUD and surrounding development. AGE�A ? No. �1- 0 i, i 14 2003 Pa --it - cQ G Z wO 0 N L11 LV w W J 0 o cZ A G Y u'> a o In C) ` a a � v C) O Q F- O CL w w Z O Q w Z w 0 a H w H w a U) w 9 F- cn (D p cn ao Q C) U-) J D Q � LL J O Z Z O cn U f AGENT ITE No. CCT 1 4 2003 Pg. z w rn N ti F- Z W QYQ ttJ d O am CV) � C14 m m 2 _ c°•i a O N � X� W Y CL O C) N rn rn ao Q ~ r- O N CD Q r- C14 c •- co (!7 F— F- O Z D) O Cl) N N N o_ o N N w 0 w O C'4 O (n _ � � J D LL LL J O D Z ZO O N O Z a cn U U) C7 J Z W U) z ~ X 0 Y u'> a o In C) ` a a � v C) O Q F- O CL w w Z O Q w Z w 0 a H w H w a U) w 9 F- cn (D p cn ao Q C) U-) J D Q � LL J O Z Z O cn U f AGENT ITE No. CCT 1 4 2003 Pg. J Q Q W U Z W W Z D 0 � N u' W Z LL. 0 J c/) W � cZ L M 0 M v o O 0�-i co cv� Q Q N C7 a. ono .=o �co �W n D J - N O N D7 V M (a cV M O a: 0a Q w 000 00 00 QD J, N N N coo co O QQNN Q NN p ca m >aW ca zm zm OQ pOp OQ F- o w~ z z �pz zN zw Qua m0 >O zih >O JI- mp�. 00 F-0 z O O Q t•- N N F-- w O c 0 (D O 0 O � _ 0 w > 5 > < w (jj Ltd C7 Q J Q J Q Y o � a < 0 d- cr- w Q p a z 0 Q z � C7 z p O Q lw -i pQ I J 0 aC 9 AGE�A ITE No. OCT 1 2003 P1g. 3 u AG7�A ITEM N.O. OCT 1 4 2003 pg.- 4s-- EXIST AOT AAD T PK HR LOS �G°?L1�G�OC� C�OoIn�ID0i��0o(n�l� AGE ITE, No. OCT 1 4 2003 PQ. q BUTLER .- 20�'� engineering, inc. July 23, 2003 MEMO To: Kay Deselem From: Gary Butler Subject: Minnelli Rezone The attached packages are per your request. Please call with any questions. RE- SUBMITTAL RZ- 2003 -AR -4041 PROJECT 142003040039 DATE: 7/29/03 KAY DESELEM RECEIVED JUL 2 4 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE (941) 566 - 3636 FAX (941) 566 — 1327 Email PBUTLER202 @AOL.COM AGEyQA1TEM 1 4 2003 Pg.�_ BUTLER � engineering, inc. June 23, 2003 Ms. Kay Deselem Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Minnelli Rezone Dear Kay, The following is in response to your June 12'' letter. CURRENT PLANNING RECEIVED JUL 2 9 2003 PlmmG SERVICES DEPARTMENT 1. Staff was under the understanding that the re- submittal for this petition would include a site plan that would prohibit access onto San Marcos Boulevard and specifically show access only through the Briarwood PUD at the exact locations shown the Briarwood PUD master plan, thus the Briarwood PUD change and this project would go through the hearing process as companion items to fully show the relationship. No site plan has been provided. Furthermore, the owner committed to this limitation in the Public Information Meeting held on 12120102. This needs to be included in the petition. The Minnelli parcel is a straight rezone, ie a site plan is not required and if provided not binding on the petitioner or the county. The original direction of the CCBC for this parcel was to interconnect with Briarwood. That petition was continued until the issue was resolved. We have now resolved that issue via legal connections to Briarwood. The connection to San Marcos is something we would obviously prefer to avoid as would the San Marcos residents and the Briarwood residents. Given Briarwoods dual frontage on Livingston Road and Radio Road, the need to connect to San Marcos would have virtually no impact on traffic loads on Radio or Livingston. However, we should defer to transportation planning review recommendations and final board action as to the deletion of the existing connection to San Marco Boulevard. 2. At the Public Information Meeting held on 12120102 the owner committed to several things: (1) This project would be limited to a maximum of 3 dwelling units per acre. (2) Home site development, e.g., setbacks, would be similar to those found in the adjacent tracts within Briarwood. Please provide details and stipulations to support both commitments. We have committed to the density reduction and my understanding is that staff can restrict density on straight rezones ie we are requesting RSF4 and have agreed to a stipulation for a maximum of 3 units per acre.. The proposed RSF4 zoning category requires 70 foot lot width and 7.5 foot side yards. Briarwood's dimensional criteria is 60 foot lot width and 5 foot setbacks. All other criteria is similarly more conservative for the Minnelli piece. The proposed building envelope for the Minnelli lots will be equal or greater than existing Briarwood standards. (3) Recreational opportunities would be provided within this 40 -acre tract to serve the residents of this tract, and residents of this tract would not be dependent upon the existing facilities within Briarwood. Please address this by stipulating what (in a measurable quantity) facilities you will provide and show a general location for those facilities. AGE ITEM NO.ti 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE (941) 566 - 3636 FAX (941) 566 — 1327 Email PBUTLER202 @AOL.COM OCT 1 � 2003 pg.-4� Ms. Kay Deselem July 3, 2003 Page Two RECEIVED JUL 2 9 2003 SERAM QEPMUW There are NO plans for common recreation facilities within the Minnelli parcel. My understanding is that the existing home /condo owner consensus favors expansion of the current Briarwood recreation parcel facilities. This was discussed in the meeting and, as proposed, will provide an excellent solution to the residents' requests. This location is directly adjacent to the multifamily parcel. A vast majority of the single family homes have their own pools and rarely use the common facility. The current path is to add a second pool to the existing tract based on state code sizing criteria once the combined total number of dwelling units in Briarwood and the Minnelli parcel is finalized. Constructing this second pool within the Minnelli parcel is not desirable and would probably be opposed by the individual residents that actually utilize the existing facility. The minimal use of the common facilities by the Minnelli parcel lots will be more than compensated for by their financial contribution to maintenance of the expanded existing facility proposal. (4) Traffic issues were raised at the Public Information Meeting regarding impact upon streets within Briarwood. Please address this issue in the petition. In addition, the Pre - application meeting notes indicate that a TIS was to be submitted. Please respond. A traffic impact statement was included with the Minnelli resubmittal even though it was waived in the original submittal. A copy is attached. The study assumed all traffic would be routed through Briarwood. This study will be further refined with the pending preliminary plat submittal. The roadways within Briarwood have the capacity for the proposed additional trips. 3. APPLICATION FOR PUBLIC HEARING M.- (1) Please provide responses to Item #9. (2) Please provide authorization for the property owner to your firm. See attached. COMPREHENSIVE PLANNING 1. The petitioner's application is incomplete (#8, Evaluation Criteria). The "Standard Rezone Considerations (LDC Section 2.7.1.5)" section is not completed, most particularly #1 wherein the petitioner would identify the FLUE provision relied upon for consistency and explain how the rezone petition is consistent with that FLUE provision. I was under the assumption that we could rely on the original 1999 submittal but a copy is attached. 2. Additionally, on #3, the government land survey legal description is wrong; and, on #5, the general location is inaccurate (site is % mile east of Livingston Rd. and % north of Radio Rd.). These have been corrected. GRAPHICS— Miriam Ochletree 1. Verify legal description on application w /parcel on tax assessment map. The parcels are the same. 2. The legal description on the 2nd submittal is incorrect. - The legal has been corrected. 1. O^T 14 2003 ,- ! -- RECEIVED Ms. Kay Deselem JUL 2 9 2003 July 3, 2003 Page Three RWrwNG SVICES QEPI�RTMENi ENVIRONMENTAL PLANNING 1. Environmental Impact Statement (EIS) (per LDC 3.2.71.21 & 3.8 LDC)- -The EIS is waived for zoning; it will be required at the time of the next development order and the petition must be heard by the EAC prior to issuance of any development approvals. Noted. 2. WETLANDS (3.9.4.1 LDC) - -The Jurisdictional determination will be required at the time of the next development order. There are no wetlands onsite as confirmed by SFWMD. A copy of the determination will be provided with the preliminary plat. Please call with any additional concerns. S- c rely, tl r Engineering, Inc. J. ary Butler, PE AGE ITEM No. 0 OCT 1 4 2003 pg. SU BUTLER an Oftal amm i n, engineering, inc. October 17, 2002 Ms. Susan Murray, AICP Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Petition R -99 -7, Minnelli Rezone Dear Ms. Murray, RECEIVED OCT 7 2 2002 The subject rezone was heard by the CCBC in September of 1999. An issue was raised concerning interconnection with Briarwood PUD to the west. The petition was continued during that hearing to allow the petitioner to work with the developer of Briarwood PUD to attain an agreement for that interconnection. The developer of Briarwood PUD is in the process of purchasing the Minnelli Tract and has signed an agreement providing for the interconnect in question. My understanding is that the interconnect was the only issue raised. I believe you were the planner assigned to the project at that time. This letter serves to request that the petition be reactivated and scheduled for a second CCBC hearing as soon as possible. Bill Spinelli is taking title to the property under the name Spinelli Land Holdings LLC. I will be replacing Terry Kepple as the agent for the project. We will be submitting replacement signature forms for the petition, identifying the new owner along with the agent authorization. Please confirm if any other items need to be addressed, and whether or not a meeting with you or your staff is required. Thank you for your assistance. Inc. 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE (941) 566 - 3636 FAX (941) 566 - 1327 Email PBUTLER202 @AOL.COM AGENDA No. OCT 1 4 2003 PQ. 5- i i September 28, 1999 Item #12B1 PETITION R -99 -7, TERRENCE KEPPLE OF KEPPLE ENGINEERING, INC. . REPRESENTING WILLIAM MINNIELLI, REQUESTING A REZONE FROM 6A0 TO "RSF - 4• FOR 157 SINGLE FAMILY DWELLING UNITS FOR PROPERTY WEST OF SAN MARCOS BOULEVARD - CONTINUED INDEFINITELY We go to afternoon agenda. We have to RSF -4. Mr. Kepple. Will all persons wishing to be heard and raise your right hand and be sworn by (All speakers were duly sworn.) CHAIRWOMAN MAC'KIE: Disclosure from COMMISSIONER CONSTANTINE: I think I 12 (B) (1) . The rezone from A on this matter please stand the court reporter? anybody? may have had some contact on COMMISSIONER NORRIS: I've had some contact on this. COMMISSIONER CARTER: I've had some contact. COMMISSIONER BERRY: As have I. MAC'KIE• Okay Staff's presentation then. CHAIRWOMAN MS. MURRAY: Good afternoon. Susan Murray with the current planning services. The petitioner is requesting a rezoning from rural agriculture to RSF -4 to allow single - family residential development at a maximum density of four dwelling units per acre. And that would equate to a total of 157 dwelling units. The subject site is approximately 40 t d west of the northern terminus of San acres in area and is loca e Marcos Boulevard. The only access to the site is provided from San Marcos Boulevard via Owen Lane, which is an unimproved 6o -foot right -of -way which runs east and west. A rezoning action to RSF -4 is consistent with the county's Growth Management Plan in that it is designated as urban residential in the future land use map. It is very important to note that properties south and east of the subject site are also designated urban residential, and although they are currently zoned estates, they are eligible to be rezoned a higher density also. The requested density - COMMISSIONER CONSTANTINE: Quick question on that point. Particularly those to the east already have homes, or is there an area there that is vacant as well? MS. MURRAY: It's scattered development, depending on where you are. There's quite a bit of development up and down San Marcos, and those properties are zoned estates at the far end of the urban area. COMMISSIONER CONSTANTINE: So the FLU may consider that that could potential -- by and large, there are single - family homes already on estates -type lots back there. MS. MURRAY: That's correct. COMMISSIONER CONSTANTINE: Thank you. MS. MURRAY: The requested density is consistent with the density rating system which allows a maximum base density of four dwelling • AGE tTEtd n No. � Page 129 OCT 1 � 203 September 28, 1999 units per acre. Additionally, neighboring projects have been approved at densities of 3.11 dwelling units an acre and four dwelling units per acre. that have COMMISSIONER CONSTANTINE: Those neighboring projects been approved have access from where? MS. MURRAY: From Radio Road. COMMISSIONER CONSTANTINE: Thank you. MS. MURRAY: Abutting properties are or will be developed for similar single - family development, as we discussed. San Marcos Boulevard is a local street which exists solely to provide access to all of those properties which abut it and including the subject property. However, current traffic volumes on this road consist of approximately 2,400 trips per day, and by definition place it as a minor collector street. So we have a local road with 2,400 trips a day, which is defined by our Land Development Code as a minor collector. A rezoning action to RSF -4 will generate approximately 1, 570 additional trips, which in staff's opinion will create an unreasonable traffic burden on a local road, adversely affecting traffic movement and flow and potentially causing adverse impacts to the safety of pedestrians and motorists who live along San Marcos Boulevard. It is staff's opinion that traffic significantly in excess of existing levels is undesirable and could be deemed detrimental to the health, safety and welfare of the general public. COMMISSIONER CONSTANTINE: Just so I heard those numbers correctly, that would be roughly a 60 percent increase in traffic? MS. MURRAY: That's correct. Alternative means of access could be accomplished by providing an interconnection from the site to the Briarwood PUD which abuts the site to the west and south. The petitioner could also agree to construct a bridge over the Golden Gate Canal at 66th Street or 68th Street. The Board of County Commissioners may want to look at the feasibility of designating San Marcos Boulevard as a two -lane or more collector facility with a link to Golden Gate Parkway. would If the developer was to construct that bridge, you create Then Golden we wouldn't have to Radio Road. build Livingston. MS. MURRAY: Yeah. CHAIRWOMAN MAC'KIE: The connection to Briarwood that you mentioned, does that -- do we have a right -of -way there? I mean, can we require that, or would it require the Briarwood owners to -- Ms. MURRAY: It would require an agreement between property owners, because those are private streets. CHAIRWOMAN MAC'KIE: Oh, like they'd take their gated community and open it up. MS. MURRAY: Correct. Or possibly just encompass the subject property, which would also be an option, but again requires agreement AGENDA ITEM N0. Page 130 pCj 4 2003 September 28, 1999 between property owners. It's staff's opinion that undesirable traffic levels on San Marcos Boulevard resulting from the rezoning could be mitigated somewhat by placing a phasing requirement on the development on the site and other conditions. And specifically those conditions were enumerated in your staff report, but I'll reiterate the ones that I'm referring to that refer to traffic. And that would be that no more than 100 individual single- family lots, providing for a maximum of 100 dwelling units, shall be platted with the first phase of development. Subsequent phases of platting and development shall permit up to a maximum of 157 dwelling units for the entire site, and shall only be permitted after a legal secondary access to the site is identified and constructed to Collier County roadway standards and all applicable county land development codes. Additionally, it's staff's recommendation that prior to preliminary subdivision plat approval for the first phase, the petitioner shall conduct an intersection analysis, consistent with the Highway Capacity Manual standards as a stop condition and as a signalized intersection for the intersection of Radio Road with San Marcos Boulevard. If in the opinion of the transportation services director the result of the analysis reveals the need for intersection improvements, that the petitioner would be solely responsible for the required improvements, including but not limited to signalization and geometric improvements to this intersection. And those improvements would be made prior to final subdivision plat approval. Third, in relationship to the road, that Owen Road shall be improved to all applicable county land development codes and roadway standards prior to the issuance of any certificates of occupancy for any development on the subject property. Owen Road is currently a lime rock unimproved road. And fourth, that the design of the subdivision should establish an interconnection with the Briarwood PUD to the south. Those were staff's recommendations. And I do believe that the petitioner is in agreement with those. I want to read into the record the Planning Commission's vote and recommendations, because they were significantly different. The Planning Commission voted 6 to o to approve the petition, subject to the following conditions: The subject site shall be rezoned to the RSF -4 zoning district with a maximum permitted density of one dwelling unit per one and a quarter acres, which equates to .8 dwelling units per acre. COMMISSIONER NORRIS: Question. MS. MURRAY: Yes. COMMISSIONER NORRIS: Why would you go RSF -4 instead of estates? Can you not go that small in estates and still call it estates.> MS. MURRAY: Correct. Two and a quarter acres is the minimum for estates. COMMISSIONER CONSTANTINE: Read how that was worded again? MS. MURRAY: The subject site shall be rezoned to the RSF -4 No. ITEM No. �tjF —_ti Page 131 OCT 1 4 2003 September 28, 1999 zoning district with a maximum permitted density of one dwelling unit per one and a quarter acres. And then -- COMMISSIONER NORRIS: That's 32 units. MS. MURRAY: -- I will tell you that that equates to .8. COMMISSIONER NORRIS: 32 units. COMMISSIONER CONSTANTINE: Is that 407 MS. MURRAY: I'm sorry. COMMISSIONER NORRIS: 30 acres at one and a quarter. COMMISSIONER CONSTANTINE: Oh, at one and a quarter, I'm sorry. I misunderstood what she said. MS. MURRAY: That equates to .8 dwelling units per acre. They did not feel the need for the intersection analysis that staff recommended previously, that I just read to you. They did agree that Owen Road shall be improved to all applicable county land development codes and roadway standards, and that the design of the subdivision should establish an interconnection with the abutting Briarwood PUD. I also did receive a petition from a number of residents in the area. Their concerns were over compatibility and increased levels of traffic. And you should have received a copy of those petitions in your -- CHAIRWOMAN MAC'KIE: We did, thank you. MS. MURRAY: -- report. Other than that, I'd be happy to answer any more questions that you may have. CHAIRWOMAN MAC'KIE: Questions, board members? Staff? COMMISSIONER NORRIS: Public speakers? CHAIRWOMAN MAC'KIE: Can we hear from our speakers? MR. McNEES: You have four public speakers. The first is Stephen Crawford, who will be followed by Karolyn Kremer. CHAIRWOMAN MAC'KIE: Has Mr. Kepple -- is Mr. Crawford and Mr. Kepple the same? Because we should hear from the petitioner. MR. CRAWFORD: No. CHAIRWOMAN MAC'KIE: Let's hear, if we could, please, from the petitioner first. MR. KEPPLE: Thank you. For the record, Terrance Kepple, Kepple Engineering, representing the petitioner, William Minnielli, this afternoon. I'll do a short presentation here. There is one other consultant working with the owner that would like to say a couple of things also after I'm done. We are requesting a straight rezoning to RSF -4. The parcel is of a size and location that it did not make sense to try and do any kind of mixed use in there or anything of that to go to a PUD and those types of uses. Trying to keep it in character with the neighborhood of single - family uses that we're coming through up San Marcos Boulevard. The zoning is basically compatible with the adjacent zoning of Briarwood to the west and to the south of the property. To the north across 'Golden Gate Estates -- excuse me, to the north across Golden Page 132 OCT 1 4 2003 September 28, 1999 Gate Canal is estates zoning. Of course it's separated by the Golden Gate Canal and therefore isn't directly adjacent to the property, per se. And to the east is also zoned estates property. And as Ms. Murray mentioned, it could be rezoned to different densities in the future. COMMISSIONER CONSTANTINE: And as Commissioner Constantine mentioned, there are existing single - family homes on those estate lots. MR. KEPPLE: There are some single - family homes, there are some vacant properties. There was a conditional use for a church approved several years ago. One property was rezoned -- I think it's RSF -2 or 3. COMMISSIONER CONSTANTINE: My point is just that we don't have a big chunk of 40 or 50 acres back there that's sitting wide open, waiting for someone to come in and rezone. We've got a scatter of people who are actually living in their homes. MR. KEPPLE: I believe that's correct. I haven't done a -- to check all the property owners and see that they're all separately owned, but I presume that's correct. But most of them are two and a half or five -acre tracts. Access to this site is obtain Marcos Boulevard off of Radio Road. As you enter off of Radio Road, you go through a mobile home park; I believe it's Southwind Mobile Home Park. There's approximately 320 to 350 dwelling units in there with approximately eight dwelling units an acre in that location for the first third or quarter of a mile up San Marco Boulevard. COMMISSIONER CONSTANTINE: How far is it from Radio Road to Owen? MR. KEPPLE: Three - quarters of a mile, roughly, almost a mile. COMMISSIONER CONSTANTINE: And the Southwinds fronts Radio Road? MR. KEPPLE: Looks like a quarter of a mile; the south quarter mile of San Marcos is fronted by Southwinds. COMMISSIONER CONSTANTINE: Thank you. MR. KEPPLE: As Ms. Murray mentioned, that most of the neighbors have been concerned about the additional traffic on the property, and I believe that was part of the Planning Commission's concern and why they came up with their recommendation. We have taken a look at this since that time and have had a chance to talk to the owner who was not available at that meeting. The Planning Commission did ask us to make a suggestion for some reduction in density, which we were not able to do that day. We've taken a look at it. To extend the water and sewer lines of course to the property, whether it's developed at one unit an acre or four units an acre, the extension of water and sewer is still the same amount of money. Right now we do not have a connection to Briarwood, although they are required in their PUD to provide that connection at some point. There is not one existing and no knowledge of when one will be available. So we would right now have to extend water and sewer up San Marcos Boulevard, which we would rather not do if we could help it. We'd rather connect to Briarwood PUD when it's available. So looking at densities and traffic., in talking to the owner we AGE A ITEM No. Page 133 OCT 4 2003 _ _. PS -- September 28, 1999 have come up with a suggestion of limiting a maximum of 140 units of which is three and a half units per acre on this project. That would make good development that could still be developed with the RSF -4 zoning, and would help alleviate some of the traffic concerns that staff and neighborhood have had. I've reviewed the staff's stipulations. Don't have any problems with them. I guess the one question still remains on actually the secondary access. Briarwood, at this point, there has been some conversation with the developer of Briarwood for a secondary connection, but there's no agreements or anything at this time, and they are not required to provide access to this property. It is possible to go across the canal and some of those other options. Of course those are costly options. And whether we would get -- have concerns from the estates owners on the north side of the canal at that time also. CHAIRWOMAN MAC'KIE: So there probably is unsupportive (sic) of a bridge into the estates as people in Briarwood are of a connection into their neighborhood. MR. KEPPLE: I would imagine so. COMMISSIONER CONSTANTINE: Well, a couple important points as you look at the map. Can you put the larger map you had on there? I don't know that -- and I don't know that they haven't either. But I don't think this has been discussed with the residents of Briarwood. I know a tried if you look at the talk Mr. Box A is where there Spinelli. That's a developer owned parcel. -- is there any more to that? Just adjacent to the west or to the left of that is Briarwood undeveloped. And so if Mr. Spinelli is interested, there's an option of either running an easement along the canal, or there are certainly a number of options of how to do that, without interfering with the existing neighborhood whatsoever, so -- CHAIRWOMAN MAC'KIE: That could be worked out without causing the disruption of the gated community. COMMISSIONER NORRIS: I have a question - - CHAIRWOMAN MAC'KIE: Mr. Norris. COMMISSIONER NORRIS: -- for Mr. Kepple. Mr. Kepple, if this board should decide to follow the recommendation of the Planning Commission and offer rezone of RSF -4 with one unit per one and a quarter acres, would your client want to accept that or to withdraw the petition? MR. KEPPLE: It's my understanding he would not develop and could not afford to develop it at that density. COMMISSIONER NORRIS: Yeah, but -- okay. Well, do you want to rezone it that way anyway, or would you just withdraw the petition? MR. KEPPLE: If you give me a minute, let me discuss it with the other consultant and see what his thoughts are on it. CHAIRWOMAN MAC'KIE: Maybe we could hear from the other consultant at this point. Is that all right; Hear from the other consultant for the -- Page 134 AGENO No. OCT 1 4 2003 57 - September 28, 1999 COMMISSIONER NORRIS: Sure. CHAIRWOMAN MAC'KIE: Because it sounds like he might could answer this question. MR. KEPPLE: The only other comment I might have, Ms. Murray mentioned a connection to Briarwood to the south. I believe it would have to be to the west of this project rather than to the south. To the south is all platted single- family lots already. CHAIRWOMAN MAC'KIE: Great. Okay. Who was the other consultant you had? MR. KEPPLE: Ron Rice. CHAIRWOMAN MAC'KIE: I didn't make a disclosure earlier, but I did meet with Mr. Rice on this, and I understood you to be the property owner instead of a consultant. MR. RICE: No, I'm a consultant for Mr. Minnielli, who is from Cincinnati. And we have essentially a very interesting problem here in that we are landlocked by Briarwood and the Golden Gate Canal. So our only means of ingress and egress is down San Marcos Boulevard. That's our only way of ingress and egress. I have personally, as well as Mr. Minnnielli had meetings with Mr. Spinelli, and he has no interested whatsoever in attempting to either buy our property or allow us any ingress and egress. And that's point blank. CHAIRWOMAN MAC'KIE: Even along the canal, as Commissioner Constantine was describing? MR. RICE: That's an interesting thought. But we didn't discuss that. That's an interesting thought. Let me also point out that bridging the canal, which I'm sure you folks know by now, is a very expensive procedure. And we just have a new group of people who wouldn't like what we were doing. CHAIRWOMAN MAC'KIE: That's a bad idea. MR. RICE: In any event, we think, or I think very seriously, that we would have a great opportunity here to develop some lots which would be close in, so to speak. Our target, our market target, really are the working community people here in Naples. You know, the people who build our homes, put the roofs on our homes, the plumbers and the guys who clean our pools, a place for them to live which is not halfway to Broward County. We think that there's a great opportunity and we would like to fill that void. We do think that it's awkward in the sense that per Susan Murray, we abut up to high density communities on both sides of us, right against us. At the mouth of San Marcos Boulevard, you have 320 -- at least 320 mobile home units, and there's nothing wrong with that, all of those folks are -- deserve to live in that community. For those folks and for other folks that come and say that we would heavily impact San Marcos Boulevard is fine, but I think that what that would do is take away an opportunity for us to provide the kind of housing I just mentioned. Finally, let me say this: If we were -- and.I would submit that any of you would -- it wouldn't take a rocket scientist to know that for us to put sewer and water into fully improved Owens Lane for 28 AGE�A ITEM No.� Page 135 OCT 1 4 2003 pz_ -Sg - September 28, 1999 lots is, you know, that's not even probable. I'm open to any que "stions, if you have any. CHAIRWOMAN 14ACIKIE: Questions for the speaker? If not, we'll go to our registered public speakers. MR. McNEES: Stephen Crawford will be followed by Karolyn Kremer. MR. CRAWFORD: My name is Stephen Crawford. I'm an attorney. My offices are in Bonita Springs, Florida. And I'm representing Debbie Merritt, who is one of the estate lot owners. And she will be surprised to learn -- she was surprised to learn today that she lives on Owens Lane. I think the characterization of Owens Lane as being a gravel road is a substantial overstatement. In fact, the county doesn't have title to the property, it ends at my client's property, and she has no desire whatsoever to give up her property. If you want to condemn it, that will be a different story. But at this point she opposes this proposal and wants to stay in the estates zone and not be burdened with 157,000 cars coming by her front door. Thank you. CHAIRWOMAN MAC'KIE: Can I get somebody to show me where Owen Road or Owen dirt road is? COMMISSIONER NORRIS: Right here. CHAIRWOMAN MAC'KIE: That's the T coming across? Oh, I see it there. And I'd like to know where your client's property is, Steve? Where does the right -of -way officially end? MR. CRAWFORD: Officially, I'm not sure. I went out there and looked at it. And when it gets to her property, it -- you do a left and go up her driveway to her garage, and the rest of it is all just the way the Indians left it, I guess, pretty much. CHAIRWOMAN MAC'KIE: Is she the one on the canal or is she the one -- MR. CRAWFORD: And there are fences around it. What? CHAIRWOMAN 14ACIKIE: Does her property back up to the canal or is it the other way? MR. CRAWFORD: No, she's on the other side, on the south side. Right there, that's it. COMMISSIONER NORRIS: That's it right there? CHAIRWOMAN MAC'KIE: And she would say her address is what? MR. CRAWFORD: Well, the post office tells her her address is 1458 San Marcos Boulevard. And her mailbox and those of I guess her neighbors are all out on that street. There's no delivery on Owen Lane. COMMISSIONER CONSTANTINE: Which would further the argument that that is probably not a public roadway back there. COMMISSIONER NORRIS: Do we not even know? MS. MURRAY: I have -- the petitioner provided me evidence of a dedication of a 60 -foot strip of land which was dedicated in 1966 to the public for road purposes. I spoke with Ed Kant. He said that the county was not maintaining that road and was not even aware as to whether or not we had accepted it. But it is 'a recorded document that says 60 foot. Page 136 AGENDA ITEM No. OCT 14 2003 September 28, 1999 CHAIRWOMAN MAC' RIEclient What has Mr. aCrawford Madamsaid Chairman, to the MR. CRAWFORD: MY I have not done a d as has been told y property which makes no reference to this. Now, you, there was a complete title search. An dedication in 1966 by people out there for road purposes. It's obviously never been accepted; nothing's ever been done to improve it except the gravel that they put on there themselves. And in fact, when my client purchased the property, she as made to asig an would agreement acknowledging that thravelainait. contribute toward putting the g COMMISSIONER CONSTdANTIthat doesn' thmeanithatsitewasanecessarilye before my second birthday, how he had accepted. We had Mr. Arnold in here a few weeks ago saying tried to turn things over to the county, but the county had never accepted them. So this wouldn't be any -- that MS. MURRAY: Well, to further add to the confusion, dedication included uSan Marcos Road, w1iiceresaan improved, Owen Road was either left o p ust not maintained or what. was either left out of the acceptance and j the count But that includes San Marcos Road, which is maintained by Y and is public. MR. CRAWFORD: I do have a title insurance policy that doesn't show any right -of -way. CHAIRWOMAN MAC'KIE: Is that right? No exception for that. MR. CRAWFORD: No exception at all. CHAIRWOMAN MAC'KIE: Interesting. Okay, our next speaker? MR. RICE: May I speak for a second? CHAIRWOMAN MAC Actually, I'll have to get you to wait, because we'll ask you questions if we have them at the end, but we'll go through our public speakers at this point. MR. McNEES: Karolyn Kremer will be followed by Dan Payne. CHAIRWOMAN MAC'KIE: Do we have other registered speakers? MR. McNEES: One more. Steve Payne. ro pert MS. KREMER: Hi, my name's Karolyn Kremer and I'm a p p Y My address is 1444 San Marcos Boulevard, which is the left owner. corner by the canal. The far left, right next to the designated area. And our address is 1444 San Marcos Boulevard. _ ighborhood CHAIRWOMAN MAC'KIE: You're the across the street ne - MS. KREMER: Yes. CHAIRWOMAN MAC'KIE: of Mr. Crawford's client? MS. KREMER: Yes. And I purposely bought that property to build a beautiful house and raise my children. It is estate, which is what -- the reason I bought it. As we all know, it's hard to Lndp =esentlyrliveuinan have a nice yard for your children to play Southwinds Mobile village. I know you've heard of it. And he is correct, there are over Soo homes in this small sides of San Marcos Boulevard road. And vicinity on the both it right there at the intersection of Radio and San Marcos. You see AGE" ITEM No. is Page 137 OCT ! � 2003 Ie September 28, 1999 children riding up and down the street all the time on bicycles. There's no sidewalk. In fact, San Marcos Boulevard could really be redone. That road is not really up to standards either. I'm trying to think. I'm a little nervous, I'm sorry. CHAIRWOMAN MAC'KIE: That's okay. MS. KREMER: I thank you for the opportunity to speak, though. Let's see. Oh, and I know you had heard about how there possibly would be some intersection lights going in? Ireally feel that ethat would definitely be necessary, especially if you four home in one acre, which I think is way over. I think one home estate would be really nice. We've got a lot of community now. I mean, on Radio Road you've got -- I lost my notes, I'm sorry. CHAIRWOMAN 14ACIKIE: That's okayou think you're nervous, you COMMISSIONER NORRIS: Well, Y ought to be up here. of Briarwood, you've got Foxwood, you've got MS. KREMER: you've g been Maplewood, you've got Leawood. All this is already there, be ears a o. developed. Mr. Minnie lli purchased this land supposedly 20 y g It was, A, agriculture when he purchased it. If he had intentions of doing something like this, maybe he should have purchased yooknow, put in another area. That was my suggestion. Otherwise, y some nice homes in that area and let's try to keep that area a very nice, clean, safe place for our children to grow up. And that's about all I have to say. Thank you for your time. CHAIRWOMAN MAC'KIE• Thank you very much. We appreciate your comments. MR. McNEES: Dan Payne, to be followed by Steve Payne. MR. DAN PAYNE: Hi, I'm Dan Payne. I also own the same piece of property that Karolyn was telling you about. We're together. First off, like I said, the safety of the children. There's no place for you. You hear that over and over. They can't handle it. There's just not enough room for them. The traffic flow needs to have another avenue in and out of this new development before they build the first house. I would appreciate that. Because it may never get developed if they let the 100 come in. We bought the property for the peace and quiet. We like the idea of having a big yard, not a lot of traffic in front of our house, which we have now, we're trying to get away from. Briarwood and Maplewood, they all use Radio Road, which it's hard for them to get in and out. But it's not going to be as much -- it's already hard to get off of San Marcos. If you put another 2,000 trips on that road, or whatever the number they say, pizza deliveries, it's going to be a madhouse out there. There's a circle K them across from San Marcos. I don't know if you're going to left or right. What you going to do with 'em? And there's one other thing. I had a couple of petitions signed, and I assume you got both of them. COMMISSIONER NORRIS: Yeah, we got those. MR. DAN PAYNE: And I've talked to -- I've probably got like 40 names on there. And if you were to rezone this property for this AGE AI No. Page 138 OCT 1 `+ 2003 September 28, 1999 gentleman, most of them would like to rezone theirs and have interest in tearing their house down and selling four an acre. They own five, there's probably 400 acres out there. So they should consider everybody, the small people; not the out -of -town developers making a lot of money at our expense. Thank you. CHAIRWOMAN MAC'KIE: Thank you. MR. McNEES: Final speaker is Steve Payne. MR. STEVE PAYNE: Good afternoon. Hi, I'm Steve Payne. CHAIRWOMAN MAC'KIE: Afternoon. MR. STEVE PAYNE: For the record, I don't know if you don't want to make it my record or not, but anyways, Owens Lane, there again, this is the first time I heard it was in front of the planning division -- and my address is 1441 San Marcos. I have a lot next to him, my brother. And I first want to thank all of you commissioners for your quick response. I wrote you and faxed you letters all within the first of the month and you responded back to me very promptly. I appreciate it. Susan Murray has been very helpful on any questions I may have. I thank you also. And I hope you all got copies. My brother, he got most of the signatures. I was quite busy doing it all. He did it. That's how people feel about it. That's where we want to stay out there. We want to keep it small, keep it quiet. You know, even if they are to give them some kind of a RS -2, that's up to you. That's what your decision is, that's why you're in that spot up there. I hope any of you may have had a chance to visit the location so you'd be kind of familiar with -- I know that you're quite busy. Tim, I think you were probably in that area looking around. You know what we're up against out there. And it's also my understanding that they're talking about the utilities would be brought in through Briarwood. Well, that's fine. And the gentleman mentioned earlier about bringing the utilities through San Marcos. Well, we got all the utilities down there we need. We're set, okay? We don't need no utilities. I don't object to the gentleman wanting to develop his property. That's all fine. And I wouldn't want to be the one to hold him back from that. I'd just like for him not to go through my front yard to get to it. As you can see on the map there, it didn't come out too well as far as 66 or 68th is situated. But if you look on the map, 68th Avenue, like you say, you're going to have a war on your hands going that way also. But that gives the gentleman direct access into his property. Dumps right out in the middle of his development. And then they could, you know, come out and do whatever he wanted to do with it out there. No matter how you decide to zone this thing, we'd appreciate it if you would make all your road improvements and things before you let him rezone this, before he starts building a house. Because we do all have children out there. Page 139 AGENDAI No. 0 C T 1 � 2003 September 28, 1999 I've got a house. The roof went on yesterday, as a matter of fact. And when I bought the property, the county was not going to let me develop it, because they said it had not been split up prior to 1974. So there again, we went through and researched it and found it had been split up into an acre and a quarter, so that was kind of grandfathered in. I was told I wouldn't be able to build if that was not the situation. So that gentleman has other -- he should be thinking about that, we should all think about that. I've got to admit, this has been some experience to spend the whole day with you folks. I've heard about you on the radio. Agreed, I could make a better living out what I do, but it has been an experience, and I'm knowledgeable of things, and you guys do earn your bucks, okay? Thank you for your time. CHAIRWOMAN MAC'KIE: Thank you very much. Are there other registered speakers? COMMISSIONER NORRIS: I still need an answer to the question that I asked Mr. Kepple. CHAIRWOMAN MAC'KIE: The other consultant was Mr. Little? COMMISSIONER NORRIS: We need an answer to that. COMMISSIONER BERRY: Mr. Rice? CHAIRWOMAN MAC'KIE: Mr. Rice, thank you. Mr. Rice, there's a question for you, if you'd come up, please. MR. RICE: Sure. COMMISSIONER NORRIS: Just asking the question to be prepared in the eventuality that this board follows the recommendation of the Planning C rezoning zoning unit per one and a qu you want to withdraw the petition? CHAIRWOMAN MAC'KIE: Before you answer that, Mr. Weigel, is there a limitation on when he could come back in for another rezoning? I mean, I know it's not our job to do his legal work, but -- MR. WEIGEL: No, I think it's six months. CHAIRWOMAN MAC'KIE: So -- MR. RICE: I need to ask you a question to answer your question. COMMISSIONER NORRIS: Okay. e Planning MR. RICE: Are you saying that if we don't accept th Commission's 28 units or whatever it is -- COMMISSIONER NORRIS: 32. MR. RICE: -- 32, and you approved that and we choose not to withdraw -- COMMISSIONER NORRIS: Then you're stuck with it. MR. RICE: -- then we're stuck for six months? CHAIRWOMAN MAC'KIE: Yes, sir. you can come in and COMMISSIONER NORRIS: No, no -- yeah, well, y you're stuck with that zoning. You could come back in in six months, but that's no guarantee you'd get it rezoned to anything else. MR. RICE: Well, I understand that. COMMISSIONER CONSTANTINE: I think his suggestion take that decision and have that decision be final, one if you don't like where that's headed and you need time Page 140 is rather than option for you to go look at AGENDAITE No. OCT 1 2003 PQ (o3 September 28, 1999 what your other options might be, sometimes people have in this case it looks like the owner has owned the *property for a long time anyway. But someone may have a contract pending or whatever. We allow the opportunity for you to withdraw the petition and no action would be taken. Obviously you'd still have your old estates zoning, but you'd have a six -month window to try to figure out what your other options are. COMMISSIONER NORRIS: No, they're agriculture. CHAIRWOMAN MAC'KIE: Ag. COMMISSIONER CONSTANTINE: I'm sorry, ag. MR. RICE: I've been here all day, too. I've heard you ask a number of questions and I guess I'm where. you were some time ago. I don't get it. COMMISSIONER CARTER: It says that you can keep your current zoning of ag. and withdraw, go back and talk with your client about -- it looks like all they're going to approve is one and a quarter acres or 34 dwellings. MR. RICE: Okay. COMMISSIONER CARTER: If you don't like that idea -- well, if you like that idea, then you would proceed, because the Planning Commission's recommendations and our own staff may indicate that that's where this is headed. And that's your choice. You can withdraw and go back and think about it or you can proceed and end up with only 34 units for the project, and then you'd have to wait six months to come back and see if you could get it appealed and rezoned- MR. RICE: What you're sort of telling me is that without taking a vote, you're going to go approve the Planning Commission. Is that what I'm hearing? CHAIRWOMAN MAC'KIE: If I were you, I'd draw that -- you know, you need to draw that conclusion for yourself. MR. RICE: Okay. CHAIRWOMAN MAC'KIE: But I support the Planning Commission's recommendation, because I think the density's inappropriate, as I've looked at the traffic issues. So it sounds like Commissioner Constantine -- MR. RICE: That's okay. Then I have no choice other than to withdraw it. CHAIRWOMAN MAC'KIE: That's what -- COMMISSIONER CONSTANTINE: You do have a choice, but you just may not -- MR. RICE: Yeah, but it's -- you know. COMMISSIONER CARTER: You may not like the outcome if the game at this point. MS. MURRAY: Is there an option to continue? I mean, to consult with the property owner and come back,. and then always withdraw before the following hearing, if you set to certain. COMMISSIONER NORRIS: Let me ask -- MS. MURRAY: Just an option. r Page 141 you stay in he may want he could a date AGENDA ITEM No.�_J , OCT 1 L 2003 P:•-L-4 September 28, 1999 COMMISSIONER NORRIS: -- one other question now. If there were access along the canal to the west, that would hook up in a short stretch there with the future Livingston Road; is that correct? You may a different situation at that point. COMMISSIONER CONSTANTINE: Let me hit the highlights of the issue for me and I know for some of the folks out there. There was -- for anybody who lives on San Marcos or back in that area there, I would say, was a reasonable expectation when you bought or built in there to expect there would be no traffic. It's dead -end back there. You're kind of set on your own. Ms. Kremer said, you know, you've got kids back there. It's the ideal setting. You've got a big area, no traffic. We heard there's roughly 2,500 cars, 2,400 cars a day use that. But I'll bet the vast majority of those are in the first quarter mile where the trailer park is. I bet when you get back by your properties, there's maybe 100 trips a day, if you come and go. So the addition of 1,500 cars daily is a dramatic impact and something that fair, reasonable expectation would not have anticipated. I think the access issue is the one that deals -- for compatibility purposes, you are compatible with Briarwood, your request, if you have access from a major thoroughfare like Livingston or Radio. Because all the other ones that Steve, that you mentioned, Maplewood, Briarwood and so on, they all have access off a major roadway, not through an estates zoned neighborhood. So for me anyway, that's one of the distinct differences. So if you can work something out along that canal over to Livingston, maybe this is workable, because it is compatible to the south and what the future intended use in Briarwood is to the west. But the access issue down San Marcos just is not doing it for me. I don't think it's viable. And the one gentleman said, we have to take care of existing homes over -- existing homeowners and residents over out -of -town developers. And I don't think you'll find anybody's going to argue with that. MR. RICE: Just a general reply to you. It costs -- the cost today to improve land is about $60,000 an acre. That's two and a half million dollars. And I know that's not your problem, that's not their problem, but that tells you that you can't very well afford to go forward with 28 single - family lots or 32 or whatever it was. COMMISSIONER CONSTANTINE: I don't know, I've got two and a half acres, and it's nowhere near that for me. CHAIRWOMAN MAC'KIE: So maybe what you would want to consider is to request a continuance so that you can negotiate the potential access along the canal, because otherwise it looks like you don't have the votes and you would have to start over in the process. MR. RICE: Then I request a continuance, if I may. CHAIRWOMAN MAC'KIE: Mr. Weigel? MR. WEIGEL: Well, I think the options then are to continue for a date certain, potentially four weeks from today, or you could continue indefinitely, which would -- is different than a withdrawal. The item is still alive but would need to be re- advertised to be I -AGENDA kq- I-Ninv OCT 1 4 2003 Page 142 5- September 28, 1999 CHAIRWOMAN MAC'KIE: That's what I think is' appropriate, a re- advertisement so people in the neighborhood know. COMMISSIONER NORRIS: Well, we'd have to have a Mannielli /Spinelli accord before we're going anywhere with this. COMMISSIONER CONSTANTINE: And that would -- the re -ad would be at the -- Mr. Weigel? The re- advertisement would be at -the petitioner's expense, not at the public's expense, correct? MR. WEIGEL: That's correct. He's requesting the-continuance. CHAIRWOMAN MAC'KIE: So a request for a continuance, do we vote on that, Mr. Weigel? MR. WEIGEL: Yes, you do. COMMISSIONER NORRIS: Yes, after you close it. CHAIRWOMAN MAC'KIE: Okay, anything else? COMMISSIONER CONSTANTINE: And just for those who live in the area, with the clear -- it sounded like all five were saying.-we don't have any interest in, if the access is through here, of approving this. So I don't want the neighborhood to worry when this comes back that suddenly that is going to go the other way. I didn't hear any commissioner supporting that. COMMISSIONER BERRY: No. COMMISSIONER CONSTANTINE: What we're trying to do is give them the opportunity, if they can get access through Briarwood, then great. CHAIRWOMAN MAC'KIE: So I'11 close the public hearing. Is there a motion? COMMISSIONER CONSTANTINE: Motion to grant the indefinite continuance and let them deal with their issues as necessary. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Discussion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Item #15A DISCUSSION RE DATE OF HALLOWEEN OBSERVANCE AND HOURS FOR TRICK OR TREATING TO BE DETERMINED BY SHERIFF'S OFFICE And now we're done except for communication. Do we have staff communication items? MR. McNEES: I have no communication, no, ma'am. CHAIRWOMAN MAC'KIE: Board of County Commissioners, any communication? Commissioner Berry? COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE:' No. Commissioner Norris.> No. Commissioner Carter? No. Commissioner Constantine? AGENDA 17 No.-- X43 --i= OCT 1 � 2003 Page 143 P1. 10 L ORDINANCE NO. 03— AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 102 AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9631N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTH SIDE OF GOLDEN GATE CANAL 114 MILE EAST OF LIVINGSTON ROAD AND 314 MILE NORTH OF RADIO ROAD, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO "RSF -4(3)" FOR A SINGLE- FAMILY DEVELOPMENT; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, J. Gary Butler of Butler Engineering, Inc., representing Spinelli Land Holdings, LLC, in a petition identified as RZ- 2003 -AR -4041, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property as more particularly described as: The Northeast '/< of the Northwest % of Section 31, Township 49 South, Range 26 East in Collier County Florida is changed from "A" Rural Agricultural to "RSF -4(3)" and the Official Zoning Atlas Map numbered 9631N, as described in Ordinance 91 -102, as amended, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions contained in Exhibit A, attached hereto and incorporated by reference herein: AGENDA ITEk No.�, OCT 1 `1 2,0003 p, b7 Pagel of 2 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Connty, Florida, this day of , 2003. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to Form and L,,-gal Sufficiency: Patrick G. � hite Assistant County Attorney RZ- 2003 -AR -4041 /KD /sp Attachment: Exhibit A, Stipulations BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN Page 2 of 2 V � OCT 1 `+ 2003 pg & SPINELLI LAND HOLDINGS LLC REZONE 1. The residential density of the subject parcel is limited to a maximum of three units per acre and _ development of no more than 120 dwelling units of which all must be single - family detached dwelling units /residences. 2. Access to this site must be via interconnections through Briarwood PUD, Access from San Marcos Boulevard is prohibited. 3. The developer will be required to submit a wetland jurisdictional determination with the first development order application. 4. The petitioner will be required to submit an Environmental Impact Statement (EIS) when seeking the first development order and the development order petition must be heard by the EAC. 5. Prior to plat approval for any portion of the 40 acre tract, the ownership entity must provide to Collier County Planning staff a signed and notarized affidavit that indicates that all proposed lots and common areas within the 40 acre tract will be incorporated into the property/homeowners association for the Briarwood PUD at the time of final plat recordation, and further, the affidavit must state that assurances have been made in the association documents to ensure that the proposed lots in the 40 acre tract will proportionately share all association fees and costs. - 6. All dwelling units must contain a minimum floor area of 1,000 square feet. 7. Alternative #1 would require the developer to provide a 4 -foot high berm within a 15 -foot wide buffer that would include a hedge that consists of ten gallon -sized 5 foot tall shrubs with a three foot spread spaced three feet on center with 80 percent opacity within one year. The buffer and berm would need to be in place as part of infrastructure improvements, and comply with all LDC buffer requirements for quality and irrigation; OR Alternative #2 would require the developer to provide a six -foot high structural (concrete or precast) wall instead of a Type A buffer. Revised: 9/18/03 AGENDA ITEM OCT 1 PQ. ( l Condition, ^f Exhibit A RZ- 2003 -AR -4041 EXECUTIVE SUMMARY APPOINTMENT OF MEIVIBER(S) TO THE HISPANIC AFFAIRS ADVISORY BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on June 25, 2005, on the Hispanic Affairs Advisory Board. CONSIDERATIONS: The Hispanic Affairs Advisory Committee has 1 vacant seat. This 9- member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terms are 4 years. A list of the current membership is included in the backup. There is current 1 vacant position on the board. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Elsa Maria Hernandez I N/a 4 1 Yes I Nffl% ne COMMITTEE RECOMMENDATION: No quorum; no recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 14, 2003 C- AGENT ITEM, 140. 0; T i U%j? pg. ! OFFICE OF THE COUNTY ATTORNEY ..___ INTEROFFICE MEMORANDUM TO: Sue Filson, Executive Manager, Board of County Commissioners FROM: Michael W. Pettit, Chief Assistant County Attorney rn 1 DATE: September 11, 2003 RE: Applicant for Hispanic Affairs Advisory Board (HAAB) Vacancy Elsa Maria Hernandez This is to inform you that there was no quorum at the August 28, 2003 Joint Meeting of HAAB/BAAB. Attached is the application of Elsa Maria Hernandez. Please process this application for consideration by the Board of County Commissioners for the HAAB vacancy without HAAB recommendation. Thank you for your assistance and please call should you have any questions or concerns. MW P /nf b attachment cc: David C. Weigel, County Attorney HAAB Members h: /Public/Mike/HAAB /memo to Filson re haab vacancy applicant elsa hemandez.091103 AGFIvUa. fTEm N0. Pg. �-- Hispanic Affairs Advisory Board Mr. Carlos Aviles 657-4493 09/25/01 06/25103 1.9 Years 713 North 9th Street 279 -8372 06/24/03 06/25/07 4 Years Immokalee, FL 34142 E -Mail: District: 5 Category: Mr. Ernest A. Labrador 353 -7220 09/10/03 06/25/07 4 Years _ 14960 Collier Boulevard #2112 353 -7220 Naples, FL 34119 E -Mail: District: 5 Category: Mr. David Correa 417 -6340 06/06/95 06/25/98 3 Years 9720 Vanderbilt Drive 06/11/02 06/25/06 4 Years Naples, FL 34108 E -Mail. District: 2 Category: Mr. Robert J. Pina 11/14/00 5501 Rattlesnake Hammock, Apt. 113 821 -5433 06/11/02 Naples, FL 34113 E -Mail: District. 1 Category: 77cursdap, September 11, 2003 Page I of 3 06/25/02 1.5 Years 06/25/06 4 Years ��- 1--�' �TLPr.'— Pg. — 3--__ Wort; Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Ms. Sofia Pagan 732 -7800 11/14/00 06/25/03 2.5 Years 3051 Horizon Lane, #1805 417 -5107 06/24/03 06/25/07 4 Years Naples, FL 34109 E -Mail: District: 2 Category: Mr. Carlos Aviles 657-4493 09/25/01 06/25103 1.9 Years 713 North 9th Street 279 -8372 06/24/03 06/25/07 4 Years Immokalee, FL 34142 E -Mail: District: 5 Category: Mr. Ernest A. Labrador 353 -7220 09/10/03 06/25/07 4 Years _ 14960 Collier Boulevard #2112 353 -7220 Naples, FL 34119 E -Mail: District: 5 Category: Mr. David Correa 417 -6340 06/06/95 06/25/98 3 Years 9720 Vanderbilt Drive 06/11/02 06/25/06 4 Years Naples, FL 34108 E -Mail. District: 2 Category: Mr. Robert J. Pina 11/14/00 5501 Rattlesnake Hammock, Apt. 113 821 -5433 06/11/02 Naples, FL 34113 E -Mail: District. 1 Category: 77cursdap, September 11, 2003 Page I of 3 06/25/02 1.5 Years 06/25/06 4 Years ��- 1--�' �TLPr.'— Pg. — 3--__ Hispanic Affairs Advisory Board Work Phone Appt'd Exp. Date Term 1Vame Home Phone DateRe -appt 2ndExpDate 2nd Term Ms. Lourdes Ramann 01 /08/02 06/25/05 3 Years 16 Maui Circle 732 -9558 Naples, FL 34112 E -t✓lail: District: I Category: Ms. Susan Calkins 740 High Pines Drive Naples, FL 34103 E -Mail: District: 4 Categ ory: Declared Vacant Naples, FL E- Afail: District: Category. Ms. Teresa Marie Nelson 1 150 Reserve Way, Apt. 302 Naples, FL 34105 E -Mail. District. 3 Cate ory: 77tursdav, September 11, 2003 05/22/01 06/25/05 434 -8095 774 -8875 01/14/03 434 -2969 06/25/05 06/25/05 4 Years 3 Years AGENDA rrEP Page 2 of 3 ik€�. �C� pg. --- ---__. w Hispanic Affairs Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 9 member committee was created by Ord. No. 91 -37, amended by Ord. No. 91 -78) to identify and evaluate problems unique to the Hispanic community, review and recommend ways to ensure open communication between minorities and Collier County government and provide periodic reports to the Board of County Commissioners. Terms are 4 years. FL STA T Staff. Ramiro Manalich, Chief Assistant Attorney: 774 -8400 Thursday. September 11. 2003 Page 3 of 3 AGEND ITEM T ��• _ Jam- - -- .�� MEMORANDUM DATE: August 25, 2003 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission ` RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HISPANIC AFFAIRS ADVISORY BOARD COMMISSION DISTRICT Elsa Maria Hernandez 181 Briarcliff Lane Naples, FL 34113 C Thank you for your help. RECEIVEQ F, js .7 MEMORANDUM DATE: August 25, 2003 TO: Michael Pettit, Chief Assistant County Attorney FROM: Sue Filson, Executive Manager Board of County Commissione RE: Hispanic Affairs Advisory Board As you know, we currently have vacancies on the above- referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Elsa Maria Hernandez 181 Briarcliff Lane Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments AGENDA ITUA No. _119__ _. 08/20/2003 02:20 9412631997 EXCEL REAL ESTATE fflw v.I'+ Am AMAPX WF =OfW Real Estate Services, Inc. DATE: 8/20/03 FAX TRANSMISSION TO: MS. SUETTLSON RE: HISPANIC ADVISORY AFFAIRS BOARD APPLICATION PAGES: 1 OF 2 MESSAGE: Dear Sue: Please note application as discussed I look forward to hearing from you and it would be an honor to serve on this board. Sincerely, Elsa Hernandez FACE 01 v AGEN �L�EM 5 '01 2375 Tamiaml Troll North • Suite 206 • Napless FforWa 34103 office (239) 263.1990 • f=.(239) 263 -1997 • toll free (800) 217 -19901 Pg. dg : "l}rwnal Custonw Service - Our Commitment " — 08/20/2003 02:20 9412631997 EXCEL REAL ESTATE k_au!er wunLy RULLIC I h�yua,z�,vu iva Board of County Commissioners 3301 East Tautiami 'tail Naples, FL 34112 IL (239) 7748097 Fa= (239) 7743602 .' j *zj, Application for Advisory Committee/Boards Name: Elsa Maria Hernandez Horne phone: 793 -4748 Home Address: 181 Briarcliff Lane Zap Code: 34113 'Fax No. 263 -1997 Business phone: 263 -1990 e-mail address: elsa4excel @aol. coin Business: Real Estate Agent for Excel Real Estate Services, Inc. Board or Committee Applied for. Hispanic Affairs Advisory Board Catagory r =l -PPkCabZ'J: 11/a Example: Commission District, Developer, enviroomentabst, lay person, etc. Are you a registered voter in Collier County: Yes x No Do you currently hold public office ? Yes No x if so, what is that o86ce Y n/a Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the committeeslb"rda: n/a Yes No x Please list your community activities (civic clubs, neighbourhood associations, etc-) and positions held: Avalon Elementary Student Advisory Council..and PTO, Take Park Elementary - Student Advisory Council, and Lely Elementry Student Advisory Co P ng people speak English). Hispanic American Republican Party. Education: Associates Degree from Art Institute in Pt Lauderdale Experiemme= MY specialty in Real Estate is the Hisvanie population so. I do feel that I can relate and understand the needs of the Hispanic community. I do not have experience in this tyPe of AdvisOry Board. -UrT ,' ? 1 r� J Pg. http_ / /www.colliergov. net /bcc/advisory%20applacation.htrn EXLU'1 'U Y APPOINTMENT OF MEMBER(S) TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE -- OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms and 1 member to fulfill the remainder of a vacant term, plus a full 2 year term,• on the County Government Productivity Committee. CONSIDERATIONS: The County Government Productivity Committee has 2 vacancies with the terms expiring on February 4, 2004 and February 4, 2005. This committee is composed of 11 members, with the vice chair of the Board of County Commissioners serving in a liaison capacity. The members are appointed by resolution of the Board of County Commissioners for a two -year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost - effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. Resignations were received from Michael S. McCampbell and Stephen L. Price. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Stanley E. Farnham Strategic Planning; M mt; retired 5 Yes None Celia M. Fellows Office M mt; Accounting 5 Yes None Sydney E. Blum Job costing; Mgmt Styles, Efficiency training 4 Yes Contractors' Licensing Board COMMITTEE RECOMMENDATION: Stanley E. Farnham — February 4, 2004, plus a full 2 year term expiring on February 4, 2006 Sydney E. Blum - February 4, 2005 On September 24, 2003 Joseph Mumaw resigned, after the Productivity Committee had made their recommendation. However, during their deliberations there was a tie for first place for all 3 applicants. If the Board appoints Celia M. Fellows, her term will expire on February 4, 2005. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members, and direct the County Attorney to prepare a resolution confirming the appointments. 7.� A MEN Prepared By:, Sue Filson, Executive Manager , ,... , ^,2 Board of County Commissioners , .. _ Agenda Date: OCTOBER 14, 2003 pg �� ti TO: FROM: DATE: MEMORANDUM Sue Filson, Executive Manager Board of County Commissioners Winona Stone'; Assistant to the County Manager September 22, 2003 i SUBJECT: Productivity Committee Recommendation to the Board for Filling Vacant Positions The Productivity Committee has reviewed the three applications received by the prescribed deadline for two vacancies. Applicants were evaluated based on their potential contributions to the Committee. The Committee found all three applicants to be highly qualified. The Committee recommends the following applicants for appointment, with the first applicant listed being recommended to fill the longer of the two vacant terms and the second listed to fill the shorter term: NAME TYPE OF FIELD OF EXPERTISE APPOINTMENT Stanley E. Farnham Initial Strategic planning and management, productivity Appointment systems analvst. retired Sydney E. Blum Initial Job costing, management styles, efficiency training, Appointment CEO of Energy Efficiency Systems, Inc. At this time the Committee does not recommend the following applicant for appointment to the Committee: NAME FIELD OF EXPERTISE Celia M. Fellows Office management, accounting services (clerical ?), Office Manager at Humiston & Moore Engineers Please advise should you need additional information. AGENDA iT4 A mo -- °1 Winona Walker Stonc Assistant to the County Manager Voice 774 -8383 Fax 774 -4010 Email Winona Stone Q colliergov.net County Government Productivity Committee 1Vame Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Albin A. Kozek, Jr. 01/28/03 02/04/05 2 Years 5308 Hawkesbury Way 596 -5020 Naples, FL 34119 E- flail: District: 3 Category: Marketing; Strategic Planning & Program Mgmt. Ms. Donna Fiala 774 -8097 01/14/03 01/13/04 1 Year 3301 E. Tamiami Trail Naples, FL 34112 E -Mail: District: 1 Category: Vice-Chairman Mr. Stephen L. Price R3'5" vd 657 -3171 01/28/03 02/04/05 2 Years i 1400 N. 15th Street -7.0 ,03 657 -1014 Immokalee, FL 34142 E -1ai1: District: 5 Category: Banking; Civic Mr. Richard Schmidt 596 -8655 01/28/03 02/04/05 2 Years 9150 The Lane 596 -8880 Naples, FL 34109 E- 1llail: District: 2 Category: Investor; Publisher Mr. James C. Ray, Jr. 591 -6402 01/28/03 02/04/05 2 Years 14497 Indigo Lakes Circle 352 -1306 Naples, FL 34119 E- Nlail. District: 3 Category: Public Administration; Banking li'ednesdap. September 24, 2003 Page I of 3 AGENDA ITEM No. r,: ^= pg. — -_ County Government Productivity Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Tenn Ms. Janet Vasey 01/12/99 02/04/00 1Year 4398 Longshore Way North 598 -4378 01/22/02 02/04/04 2 Years Naples, FL 34119 E -Mail: District: 3 Category: Budget & Financial Anaysis Mr. Joseph B. Swaja 1 394 -4599 04/24/02 02/02/04 2 Years 460 Battersea Court 394 -4599 Marco Island, FL 34145 E- 31ail: District: 1 Category: Development of Strategic Objectives Mr. Joseph Mumaw �- fslv'etR 04/24/02 02/04/03 1 Year 6 Stonehedge Court 5 `I -o 3 643 -9890 01/28/03 02/04/05 2 Years Naples, FL 34105 E- 141ail: District: 3 Category-: Cost Accounting /Business Management Mr. James R. Gibson, Jr. 11/09/99 02/04/00 3 Months 5041 Mabry Drive 732 -8830 01/22/02 02/04/04 2 Years Naples, FL 34112 E- Afail: District: l Category: Budget & Financial Mgmt Dr. James T. Horner 774 -1791 03/14/01 02/04/02 1 Year 4704 Ossabaw Way 596 -1339 01/22/02 02/04104 2 Years Naples, FL 34112 E -Mail: District: 3 Category: Financial Mgmt; Leadership & StaffDev; Professor AGE%��— M. li ednesda�•. September 21, 2003 Page 2 of 3 BO County Government Productivity Committee AYa►ne Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Michael S. McCampbell 597 -5906 05/13/03 02/04/04 9 Months 1880 Crestview Way f�s`5'�`�O3 597 -5906 Naples, FL 34119 -�� E -Mail: District: 3 Category: Law Enforcement Admin Trainer, Narcotics Enf. Mgmt Mr. Dexter R. Groose 659 -0489 01/22/02 02/04/04 2 Years 5202 High Street 659 -0389 Naples, FL 34105 E -Hail: District: 4 Categorp: Performance Analysis & alue Analysis This 11 member committee was created on 01/20/91 by Ord. No. 91 -10 (amended by Ord. No. 93 -13, 96 -10 & 2001 -37). The committee is composed of 11 members, with the vice chair of the BCC serving in a liaison capacity. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the BCC. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost - effectiveness. They may also assist in the implementation of those recommendations. Terms are 2 years. FL STA T Staff. Winona Stone, Budget Analyst: 774 -8810 l ednesdar. September 24. 2003 Page 3 of 3 AGENDA. ITFM [ ^ ; _ ... Pg..�l MEMORANDUM DATE: August 25, 2003 TO: Elections Office FROM: Sue Filson, Executive Manager ' Board of County Commissioner RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. PRODUCTIVITY COMMITTEE Stanley E. Farnham 919 Tropical Bay Court Naples, FL 34120 Celia M. Fellows 1131 17th Street, S.W. Naples, FL 34117 Sydney E. Blum 237 Burning Tree Drive Naples, FL 34105 Thank you for your help. i L COMMISSION DISTRICT cll?�) C5 � (/7 z ) AGENDA'ff M MEMORANDUM DATE: August 25, 2003 TO: Winona Stone, Staff Liaison County Government Productivity Committee FROM: Sue Filson, Executive Manager Board of County Commissioner RE: County Government Productivity Committee As you know, we currently have vacancies on the above- referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Stanley E. Farnham 919 Tropical Bay Court Naples, FL 34120 Celia M. Fellows 1131 17'' Street, S.W. Naples, FL 34117 Sydney E. Blum 237 Burning Tree Drive Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within'the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments AGU41DGA Il"r�1 %i7 - - - r—T r.� Stanley E. Farnham 919 Tropical Bay Court Naples, Florida 34120 239 -354 -1240 SFtums @aoixom August 16, 2003 Sue Filson Executive Manager to BCC 3301 Tamiami Trail East Naples, FL 34112 Dear Ms Filson, Enclosed is a summary of my background, which as you'll see includes an employment history with a sharp focus on productivity improvement. My interest would be providing this expertise in assisting as a member of the Collier County Productivity Committee. If you have questions, or need further information, please call me or email me. Thank yr, Very trulyyours, Stanley E. Farnham AGENDA H, C.. W __ _ R - ( T Stanley E. Farnham Stan Farnham moved to Florida after completing his fifth successful turnaround as CEO of S.K. Williams, a $10 million sales metal finisher. The company was not only unprofitable when he took over in 1996, but beset with tax and environmental problems. The profitable turnaround also successfully resolved the other problems. He retired as chairman in 1999. He was president of the ABS Division ofSS1 Technologies from 1994 -1996. This $50 million antilock brake sensor maker had flunked a customer quality assessment and lost money. Losses rapidly turned to profits with productivity gains. The division earned preferred supplier rating. Farnham served as president of Sintered Specialties, a powder metal parts manufacturer from 1992 -1994. Sales nearly doubled to $11 million and losses turned to profits. This high - performance turnaround followed three years of losses. He ran operations at 1cKey Perforating for a year: again turning a loss to profitable operations. He turned Chemigation Systems International around. It had lost $1 million. Earlier, after starting The Farnham Group, he facilitated strategic planning and provided counseling and education to more than a dozen companies. He then took on the full -time turnaround leadership positions. Before that, he was a corporate vice president for Sta -Rite Industries for two years, after serving as. vice- president/general manager of Sta- Rite's Water Products Group 1981 -1988. Under his leadership, the group grew from $93 million to $212 million in sales, while profits nearly tripled. In earlier positions at Sta -Rite, with 20 years service, Farnham was director of manufacturing, accountable for several plants. Before that he was a plant manager. Before that he headed up manufacturing engineering. A graduate of Drake University, he also graduated from a Management Development Course (MBA type) from Northeastern University. He attended law school at the University of Missouri- Kansas City. He's a graduate of IBM's executive program. After serving as a paratroop officer during the Korean War. Farnham started his career in engineering at Westinghouse. He was a manager at Delavan Corporation, before going to Sta -Rite. Farnham, a frequent speaker, has also written a book and a number of magazine articles. He has given more than 150 strategic planning and management seminars to companies and associations, including several homeowner associations in Florida. He has researched productivity systems at plants in Australia, Canada, France, Germany, Italy, Japan, Korea, Mexico, and Taiwan; and at scores of U.S. plants. He has been a member of several professional associations. He was president of the Hydraulic Institute (HI). He was president of the Water Systems Council two terms. He served as a member of TEC (The Executive Committee) Advisory Board. He was on the APICS Advisory Board and the magazine's editorial board. He served as director of the Southeast Wisconsin Private Industry Council, Delavan Industrial Development Board, Piping and Equipment Co. and others. He has been a condominium association president; and president of a master board of 14 associations. He and his wife, Mary, have six grown children and 13 grandchildren. 919 Tropical Bay Court, Naples, FL 34120; phone 239 -354- 1240; email: SFturns @aol.com . r ?nqa Board of County Commissioners 3301 East Tamiami Trail Naples, FL 33112 (941) 774 -§Q97, �; �% Fax: Application for Ai�visory Committees /Boards r Home Phone: Z ? Name: � �a�i �: , _ . / �i, f � i c � �'� � Home Address:�_j T �1_L:� � Lt Zip Code: Fax No. Business: Business Phone: Board or Committee Applied for: t e- L'✓ Category (if applicable): (__=D VIA "L t Example: Commission District, Developer, environmentalist, Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, what is that office? e -mail address: {--y' ✓' it etc. No >�_ Do you now serve, or have you ever served, on a Collier County board or committee? Yes No If yes, please list the committees /boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: P? i , t;. 'if '!Eu`z. /,ll� —ter �I -c"'i' ."S _z� 016? Education: Experience:/ Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, ,Vaples, FL 34112. If you wish, please fax your application to (941) 774 -3602 or e -nail W cuvfdsoniii colliergov net Thank you for volunteering to serve the citizens of Collier County. Stanley E. Farnham Stan Farnham moved to Florida after completing his fifth successful turnaround as CEO of S Williams, a $10 million sales metal finisher. The company was not only unprofitable when he took over in 1996, but beset with tax and environmental problems. The profitable turnaround also successfully resolved the other problems. He retired as chairman in 1999. He was president of the ABS Division ofSSI Technologies from 1994 -1996. This $50 million antilock brake sensor maker had flunked a customer quality assessment and lost money. Losses rapidly turned to profits with productivity gains. The division earned preferred supplier rating. Farnham served as president of Sintered Specialties, a powder metal parts manufacturer from 1992 -1994. Sales nearly doubled to $11 million and losses turned to profits. This high - performance turnaround followed three years of losses. He ran operations at McKe_v Perforating for a year; again turning a loss to profitable operations. He turned Chemigation Systems International around. It had lost $1 million. Earlier, after starting The Farnham Group, he facilitated strategic planning and provided counseling and education to more than a dozen companies. He then took on the full -time turnaround leadership positions. Before that, he was a corporate vice president for Sta -Rite Industries for two years, after serving as. vice-president/general manager ofSta- Rite's Water Products Group 1981 -1988. Under his leadership, the group grew from $93 million to $212 million in sales, while profits nearly tripled. In earlier positions at Sta -Rite, with 20 years service, Farnham was director of manufacturing, accountable for several plants. Before that he was a plant manager. A graduate of Drake University, he also graduated from a Management Development Course (MBA type) from Northeastern University. He attended law school at the University of Missouri- Kansas City. He's a graduate of IBM's executive program. After serving as a paratroop officer during the Korean War, Farnham started his career in engineering at Westinghouse. He was a manager at Delavan Corporation, before going to Sta -Rite. Farnham, a frequents peaker, has also written a book and a number of magazine articles. He has given more than 150 strategic planning and management seminars to companies and associations, including several homeowner associations in Florida. He has researched productivity systems at plants in Australia, Canada, France, Germany, Italy, Japan, Korea, Mexico, and Taiwan; and at scores of U.S. plants. He has been a member of several professional associations. He was president of the Hydraulic Institute (HI). He was president of the Water Systems Council two terms. He served as a member of TEC (The Executive Committee) Advisory Board. He was on the APICS Advisory Board and the magazine's editorial board. He served as director of the Southeast Wisconsin Private Industry Council, Delavan Industrial Development Board, Piping and Equipment Co. and others. He has been a condominium association president; and president of a master board of 14 associations. He and his wife, Mary, have six grown children and 13 grandchildren. 919 Tropical Bay Court, Naples, FL 34120; phone 239 -354- 1240; email: SFturns @aol.com PO, —� Board of County Commissioners :: __ _ r• 3301 East Tamiami Trail K; 'h Naples, FL 34112 774 &w. 're,.�i� (941) -8097 Fax: (941) 774 -3602 Application for Advisory Committees/Boards Name: Celia M. Fellows Home Phone: 239 - 304 -2118 Home Address: 1131 17t11 Street SW FL Zip Code: 34117 Fax No. 239 - 594 -2025 Business Phone: 239 - 594 -2021 e-mail address: celiaanded(a),msn.com Business: Employed by Humiston & Moore Engineers Board or Committee Applied for: County Government Productivity Committee Category (if applicable): Management Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes: X Do you currently hold public office? No X If so, what is that office? Not Applicable Do you now serve, or have you ever served, on a Collier County board or committee? No X If yes, please list the committees/boards: Not Applicable Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Volunteer for PencilPals; an organization designed to make reading and writing a first person experience for children in elementary and middle schools. (1 -2 hours per month) Volunteer for Florida Literacy Coalition (4 hours per month) Notary Public in the State of Florida Permanent resident and elector of Collier County. Education: Currently pursuine a Bachelor Degree from International College in the Legal Studies Program. Anticipated graduation May 2004. Experience: My experience is in the Managerial and accountine field. Since relocating to Collier County in October 2000, I have been employed by a local engineerine firm. My responsibilities include the day to day management of two engineering offices. The offices are located in Naples and Deerfield Beach Florida In addition to my managerial duties, I function as the permitting coordinator and payroll administrator. Prior to relocating from Houston Texas, I operated an accounting service which employed 3 accounting technicians My clients included Manufacturing, Property Management, Publishing and Service Industries. Advisory Committee and offer my assistance for the continued growth of Collier County. 'r-°' Cn T s , P$. Please attach any additional information you feel pertinent This application should be forwarded to Sue Filson, Executive Manager to the - Board of County Commissioners, 3301 East Tamiami Trail. Naples, FL 3 *112_ If you wish, please fax your application to (941)774 -3601 or e -mail to sue tfson(acodierrov.net Thank you for volunteering to serve the citizens of Colby County. AGENV !TEIM . Ob /:fib /ZUUJ 1 -J: 4j y415Ij4y3l4 LNLMUY LrrilltNLY h'Aut- di /tole Board of County Commissioll a rs .3,301 East Tamiami Trail Naples, FL 34 (941) 774 - 809°' "' Fax: (941) 774 -3602 AUG 'J `ti 200.`; Application for Advisory Committees/Boards Name: �5: r j C1 ek-1 E QN tit n Home Phone: -0?3 `V- ox I -1 SAS Home Address: Q .�V1 &'t C1 t IL r D r'� eS dip Code: '3411)5- Fax No. 5 9y- 93 %7 Bustues Pbone: S94! 98 1 0 e-mm it address: uMaaucaa. . - � • - = Board or Committee Applied for:-0- ^ ft V4Q.1C1iLnr' Category (if applicable): Example: Commission D»trict, pereloper, ertviroamextalbt, lay person, ete. Are you a registered voter in Collier County: Yes No Do you currently bold public office? Yes No If so, what is that office? / Do you now serve, or have you ever served, on a Collier County board or committee? Yes N'o V Imes, please list the committees/boards: __ A „ _ . , , f M t-r'P rI P-MR Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: C Education: Please anaeh ¢>!y addidton¢t irlfor»ratton you j «l perrinrnt 77ria applua�on shordd beforwarrl:d ov S4re 1`SlroN, �+�'s Mma¢ger M tAte Board of County Condtioners, 3301 East rant wm T ujL /Varht*, FL 34172 Ifyou wish, ,pies aefmc yarn qVaaaftm to (941 }77"602 or errtall to creR[so�a coIDereov nit TA¢nk ynu joa votrudeerlrg to serve rlie eitfuru of Coilin C >,rnl�s 09, 0G/ 2003 13:43 9415949314 ENERGY EFFICIENCY Sydney E. Blum 237 Burning Tree Drive Naples, Florida 34105 Phone: 261 -1855 Cell: 825 -7612 Office: 5947880 Fax: 594 -9374 Please feel free to call or fax anytime. I have been a full time Naples resident since April 7, 1990. RAGE 02/02 I am currently CEO, operating Manager of Energy Efficiency Systems, Inc-, with divisions in HVAC, Electrical Contracting, Plumbing, General Contracting and Real Estate. We currently employ 70 people between Held and office personnel. I am Secretary / Treasurer of the "Old Cypress Homeowners ,Association," past President of the "Bent Pines Homeowners Association," past Chairman of-the "C.B.I.A." Trades Council and in another life up North, I was active in the Boy "scouts of America, Chamber of Commerce and my local Lions Club. I have 4 children between 24 and 39 years of age. 2 are local ]Executive Chefs in Naples, l a professional fire fighter in Pennsylvania, and 1 a Human Faclors Consultant in Atlanta, Georgia. My daughter -in -law is a Human Resources Consultant on the National scene and may son -in -law is a Food and Beverage Manager at a local resort. Having started Energy Efficiency Systems from scratch in 1995, I am (intimately aware of job costing, management styles, efficiency training, as well as the special skills needed to keep a diverse business running with many people from various backgrounds. I would be glad to interview with members of the County Government Productivity Committee to discuss my qualifications. Thanks you for your consideration. Syd AG! J m %.� Ja EXECUTIVE SUMMARY CONFUWATION OF MEMBER(S) TO THE COLLIER COUNTY PLANNING ColvU%IISSION. OBJECTIVE: To confirm a member representing the Collier County School Board and determine if that member will be a voting or a non - voting member of the Collier County Planning Commission. CONSIDERATIONS: On January 8, 2003, during a Land Development Code hearing the Board of County Commissioners adopted Ordinance 2003 -1 amending Ordinance 91 -103 to include one member to be appointed by the Collier County School Board. Section 5.2.3.2 states: Appointment: The Planning Commission shall be composed of nine members to be appointed by the Board of County Commissioners. In addition, a representative of the School district ��ointed by the School Board shall serve as anon- voting member of the Planning Commission unless the Board of County Commissioners Qrants voting status to the School District representative. A list of the current membership is included in the backup. SCHOOL BOARD APPOINTMENT: Amy Taylor, Long Range Planner for the Facilities Planning and Construction Department — 4 Year Term, expiring on October 1, 2007. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE .— RECOMMENDATION: That the Board of County Commissioners confirm the School Board's appointment of a member of the Collier County Planning Commission and determine if that member will be a voting or a non - voting member of the Collier County Planning Commission, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 14, 2003 . Strict Schoo /� C''= o d s � llier Cou�`�/ September 15, 2003 Sue Filson Administrative Assistant Collier Co=ty Government J Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 _5F Coo LINDA ABBOTT, CHAIR DICK J. BRUCE, VICE CHAIR PATRICIA CARROLL, MEMBER KATHLEEN CURATOLO, MEMBER STEVEN DONOVAN, MEMBER Re: Appointment of Non -Voting School Board Member to the Collier County Planning Commission Dear Ms. Filson: Please be advised that at the August 21, 2003 Regular School Board Meeting, it was the Board's consensus to have Amy Taylor, Long Range Planner for the Facilities Planning and Construction Department, to serve as the School Board's representative on the Collier County Planning Commission. Ms. Taylor's office is located at the Dr. Martin Luther King, Jr. Administrative Center, 5775 Osceola Trail, Naples, Florida 34109. Her phone number is (239) 254 -4395. Should you have any questions, or need additional information, please do not hesitate to contact me. Sincerely, Linda Abbott, Chair The District School Board of Collier County LA:ap .A+; END ITrM No. COLLIER COUNTY CHARACTER EDUCATION TRAITS Fairness Honesty Kindness Perseverance Respect Responsibility Self- Discipline "M�° ST75 Osceola Trail 9 Naples, Florida 34109 -0919 a (239) 254 -4005 & FAX (239)° 254 -4006 Collier County Planning Commission Fork Phone Appt'd Exp. Date Term iYan :e Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Robert P. Murray 9087 Michael Circle, #1 Naples, FL 34113 E -Mail: bobsails @msn.com District: 1 Category: Commission District Mr. Russell A. Budd. 5981 14th Avenue, N.W. Naples, FL 34119 E -Mail: russellbudd @sprintmail.com District: 3 Category: Commission District Mr. George E. Evans 39' ) Edgemere Way North Naples, FL 34105 E -Mail: District. 3 Category: Commission District Mr. Kenneth L. Abernathy 4200 Belair Lane, Apt. 108 Naples, FL 34103 E -Mail: kla @att.net District: 4 Category: Commission District Mr. Paul Midney 1807 Roberts Avenue Immokalee, FL 34142 E- fail: midney @aol.com District: 5 Category: Commission District 09H*" 417 -9915 /p -�2 -0 7 643 -6527 09/21/93 594 -3012 09/25/01 0�-1- 019.3_ 436 -3779 09/29/99 263 -4295 09/10/03 658 -3000 09/25/01 657 -6815 77iursday, September 11, 2003 Page 1 of 3 10/01/07 10/01/97 10/01/05 10/01/07 10/01/03 10/01/07 10/01/05 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years AG'F' tkZA� 4 f"E try ;3;3t�'1 Collier County Planning Commission Work Phone Appt'd Exp. Date Term tYarne Home Phone DateRe -apps 2ndExpDate 2nd Term Mr. Mark P. Strain 404 -0104 09/11/01 10/01/04 3 Years 3675 Third Avenue, N.W. 455 -7858 Naples, FL 34120 E- _Mail: mpstrain @aol.com District: 5 Category: Commission District Mr. Dwight Richardson 11/14/00 10/01104 4 Years 725 101 st Avenue, North 594-5341 Naples, FL 34108 E -Mail. dwight @gulfaccess.net District: 2 Category: Commission District Mr. Bradley William Schiffer 254 -0285 02/11/03 10/01/04 1.5 Years 520 Sugar Pine Lane 254 -0285 Naples, FL 34108 E :Mail: brad @taxis- usa.com District: 2 Category: Commission District Mr. Lindy Adelstein 09/25/01 10/01/05 4 Years 239 -1 Palm Drive 732 -0966 Naples, FL 34112 E Mail: lindyadel @cs.com District: I Category: Commission District Thursday, September 11. 2003 Page 2 of 3 rpy ^ ^ri 4' ? ,.'`0 Collier County Planning Commission Work Phone Appt'L Exp. Date Term iVatne ]tome Phone DateRe -appt 2ndExpDate 2nd Term This 9 member committee was created by authority of Chapter 67 -1246, Laws of FL. On 09/03185 the BCC adopted Res. No. 85 -190, expressing intent to consider an ordinance consolidating functions of Coastal Area Planning Commission and Immokalee Area Planning Commission into CCPC_ On 09/24/85, Ord. No. 85 -51 created the CCPC, which was repealed by LDC Ord. 91 -102. This committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years. On 1 -8-03 at an LDC Mtg the BCC amended the LDC (sec. 5.2.3.2) to include a member of the School Board. The BCC will determine whether or not they will be a voting member. FL ST.4 T Staff.- Susan Murray, Current Planning Manager: 403 -2300 Thursday, September 11. 2003 Page 3 of 3 1 �> EV'4 0,�. l TVA —� 3 , @ I(_ t 7, gn '2 93 02/21/03 14:11 FAX 9416436968 COLLIER CO COMMUNITY DEV ljj002 is �, The Carson Road Water Treatment Plant Wellfield of the lmmokalee Water and Server District wellftelds. r + 15ee attached mewl 1 SUBSECTION 3.N. AMENDMENTS TO DMS1014 5.2., PLANNING COMMISSION Division 5.2., Planning Commission, of Ordinance No. 91 -102, as amended, the Collier County Land'Development Code is hereby amended to read as follows: DIVISION 5-2 PLANNING COMMISSION • • See. 5.2.2. Powers and duties. The planning commission shall have the following powers and duties: 5 Tes e lan , m i n i w ,..t � ..*'a density of the and t;zonin + rhat would if apjrTQL'S7� !lue,� - nrovertY that is the Stt :c of the n 1p�l�� ton bane considered. AGEN ITEM Words v v*, irea0 am deleted. words We aW, r - nn� Sec. 3.16.2.4. Application ojmnes- Sec. 3.16.2.4.1. Regulated wellfeld . ' ' ' '• 3.16.2.4.1.1. East Golden Gate Pt Alfield. 3.16.2.4.1.2. Coastal Ridge tGoodlette Road) Wellfield. 3.16.2.4.1.3. Collier County Utilities Well6eld. 3.16.2.4.1.4. Everglades City Wellfield. 3.16.2.4.1.5. Florida en t i Utiliry Authority Golden Gate Water Treatment Plant sWNs.{ ) Wellfield. 3.16.2.4.1.6. The gLaagtTM Glades Wellfield. 3.16.2.4.1.7. Immokalee Water and Sewer Pialdrl wellfields drilled into the Lower Tamiami aquifers and Sandstone aquifers. APPENDIX A WELLFTEID PROTECTQN Z-0 MAPS r + 15ee attached mewl 1 SUBSECTION 3.N. AMENDMENTS TO DMS1014 5.2., PLANNING COMMISSION Division 5.2., Planning Commission, of Ordinance No. 91 -102, as amended, the Collier County Land'Development Code is hereby amended to read as follows: DIVISION 5-2 PLANNING COMMISSION • • See. 5.2.2. Powers and duties. The planning commission shall have the following powers and duties: 5 Tes e lan , m i n i w ,..t � ..*'a density of the and t;zonin + rhat would if apjrTQL'S7� !lue,� - nrovertY that is the Stt :c of the n 1p�l�� ton bane considered. AGEN ITEM Words v v*, irea0 am deleted. words We aW, r - nn� 02/21/03. 14:11 F.11 9416436968 COLLIER CO CONML'NITY DEV Sec. 5.2-3 Commission membership. 5.2.3.2. Appointment The planning commission shall be composed of nine members to be appointed by the board of county commissioners. In + ntative of the school district aMiM:d by the school board shall as a non - voting member of the oI nnsna com n unless the board of county eommissionsa grans yOting, a S .I1atllCt reOrCSentative. 5.2.3.3. Renppoinmments All reappoinunents to the planning commission abaft be made so as to achieve the following geographical distribution of membership: • ne member' A m ed b the 1 istritx .2�- 2Po�_Y • s • • Sec. 5.2.4. Terms of office. The initial terms of office of the planning commission shall be as follows: TU school district member shall_be @p,Qointed for a term of fotrr vea�s SUBSECTION 3.0. AMENDMENTS TO DIVISION 5.13, ENVIRONMENTAL ADVISORY COUNCIL. Division 5.13., Environmental Advisory Council, of Ordinance No. 91 -102, as amended, of the Collier County Land Development Code is hereby amended to read as follows: DIVISION 5.13 ENVIRONMENTAL ADVISORY COUNCIL Sec. 5.13.2. Authority, functions, powers and duties. 5.13.2.3. The powers and duties of the EAC are as follows: yeaF and his SUBSECTION 3.P. AMENDMENTS TO DIVISION 63., DEFINITIONS Division 6.3., Definitions, of Ordinance 91 -05, as amended, the Collier County Land Development Code, is hereby amended to read as follows: is Words so kick t1mough am deleted, words undrdjacd are added Z003 AGENDA urr-,; ITi;�►TC�7 N WIPUM COLLIER COUNTY PROPERTY APPRAISER F`; ABE SKINNER, CFA ,.� ® . � jam"'• `" September 10, 2003 To: Hon. Tom Henning, Collier County Commission Chairman From: Abe Skinner, Property Appraiser Subject: 193.703, F.S. Reduction in assessment for living quarters of parents or grandparents. In 2002, a constitutional amendment was approved and Florida Statute 193.703 was created. The amendment provides for a reduction in assessment for living quarters of parents or grandparents. This was passed as a local option. At this time Collier County has not granted this reduction in assessment. I have enclosed the August 8, 2003, Department of Revenue Informational Bulletin, Florida Law Chapter 2002 -226 and Florida Statute 193.703. Please advise whether the County intends to allow this reduction in assessed value beginning in 2004. AS/kjl Aftadmum 14141 Hon. Commissioner Fiala Hon. Commissioner Halas Hon. Commissioner Coyle Hon. Commissioner Coletta James Mudd, County Manager AGENDA IV M N0. la,v pg. MEMBER: FLORIDA ASSOCIATION OF PROPERTY APPRAISERS INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS 3285 Tamiami Trail East a Naples, Florida 34112 -5758 - (239) 774 -8141 � Fax: (239) 774 -2071 www. cotlierappraiser.. com Tax Law Library Page I of 4 State of Florida Department of Revenue Property Tax Administration Informational Bulletins Bulletin: PTA -03 -15 From: David Beggs Date: Aug 08, 2003 To: Property Appraisers Tax Collectors FLORIDA DEPARTMENT OF REVENUE PROPERTY TAX INFORMATIONAL BULLETIN HOMESTEAD REDUCED ASSESSMENT FOR ELDERLY HOUSING On November 4, 2002, the electors of Florida approved the constitutional provisions for a reduction in the assessment for living quarters of parents or grandparents, adding Article VII, section 4(e) to the State Constitution. The amendment bears ar effective date of January 7, 2003, since the Florida Constitution in article XI, section 5(c), provides for the effective date of amendments to the Constitution on the first Tuesday after the first Monday in January following the election if no other effective date is specified in the constitutional amendment. Since this proposal contained no specific effective date, the effective date would be provided by art. XI, sec. 5(c), Florida Constitution. See also Atty. Gen. Opn. BB -60. The 2002 Legislature enacted legislation, also effective on the date the constitution becomes effective, to implement the constitutional amendment in the event that it was approved by the electors of Florida. This law, Chapter 2002 -226, Laws of Florida, creates section 193.703, Florida Statutes, which provides for a reduction in the assessment for living quarters of parents and grandparents. Several points about the new legislation Section 193.703, F.S. are: * Local option: A county may provide for a reduction in the assessed value of homestead property which results from the construction or reconstruction of the property for the purpose of providing living quarters for one or more natural or adoptive parents or grandparents of the owner of the property or of the owner's spouse if at least one of the parents or grandparents for whom the living quarters are provided is at least 62 years of age. The county wouldeec�p ITEM enact the reduction in the assessed value in time�� be available for the 2004 tax year. 11ttn• / /tav1a1%1 ctata fl ne /nta nrlt 111111 lq Tax Law Library Page 2 of 4 * Reduction in assessment for living quarters of parents or grandparents. * Effective date: takes effect January 7, 2003; therefore the reduction in assessment is applicable to 2004 and later tax rolls. See section 193.703, Florida Statutes. * Applicable only to property constructed after the effective date: A reduction in assessment applies only to construction or reconstruction that occurred after the effective date of this section to an existing homestead and applies only during taxable years during which at least one such parent or grandparent maintains his or her primary place of residence in such living quarters within the homestead property of the owner. The effective date of this section is January 7, 2003. * Exclusion: The value of such residential improvements shall be excluded from the value of the property for purposes of ad valorem taxation. The value excluded may not exceed the lesser of the following: (a) The increase in assessed value resulting from construction or reconstruction of the property; or (b) Twenty percent of the total assessed value of the property as improved. * Application: A reduction in assessment may be granted only upon an application filed annually with the county property appraiser by March 1 of the year for which the reduction is to be granted. * When the property owner no longer qualifies for the reduction in assessed value for living quarters of parents or grandparents, the previously excluded just value of such improvements as of the first January 1 after the improvements were substantially completed shall be added back to the assessed value of the property. * False statement: If the owner of homestead property is found to have made any willfully false statement in the application for the reduction, the reduction shall be revoked, the owner is subject to a civil penalty of not more than $1,000, and the owner shall be disqualified from receiving any ssch reduction for a period of 5 years. E7 The law httn / /taxlaw ctata fl nc /nta History. - -s. 1, ch. 2002 -226, Section 2, provides "[tlhis act shall take effect upon the effective date of an amendment to Section 4 of Article VII of the State Constitution which allows counties to provide for a reduction in assessed value of living quay e—f i—d© constructed for parents or grandparents." F M Ll specifically creates section 193.703, Florida Stat;Utes n C l2VJ3 not hall 1;+A,,o4-n52a/ 7(`+7nn i 3 nQ /1(1/7(ln2 '� Tax Law Library Page 3 of 4 as follows (words stricken are deletions; words underlined are additions): 193.703 Reduction in assessment for liv:mq quarters of parents or grandparents. -- (1) In accordance with s. 4(e), Art. VII of the State Constitution, a county may provide for a reduction in the assessed value of homestead property which results from the construction or reconstruction of the property for the purpose of providing living quarters for one or more natural or adoptive parents or grandparents of the owner of the property or of the owner's spouse if at least one of the parents or grandparents for whom the living quarters are provided is at least 62 years of age. (2) A reduction may be granted under subsection (1) only to the owner of homestead property where the construction or reconstruction is consistent with local land development regulations. (3) A reduction in assessment which is granted under this section applies only to construction or reconstruction that occurred after the effective date of this section to an existing homestead and applies only during taxable years during which at least one such parent or grandparent_ maintains his_or her primary_place of residence in such living_quarters within the homestead proms rty of the owner. (4) Such a reduction in assessment may be granted only upo an application filed annually with the county _property appraiser. The application must be made before March 1 of the year for which the reduction is to be granted. If the property appraiser is satisfied that the property is entitled to a reduction in assessment under this section, the property appraiser shall approve the application, and the value of such residential improvements shall be excluded from the value of the property for purposes of ad valorem taxation. The value excluded may not exceed the lesser of the followin (a) The increase in assessed value resulting from construction or reconstruction of the property; or (b) Twenty percent of the total assessed value of the property as improved. (5) If the owner of homestead property for which such a reduction in assessed value has been granted is found to have made any willfully false statement in the application for the reduction, the reduction shall be revoked, the owner is subject to a civil penalty of not more than _ $1,000, and the owner shall be disqualified from receivinq any such reduction for a period of 5 years. AGENDA !TE.N4 -~ (6) when the property owner no longer qualifies for they ^f? reduction in assessed value for living quarters of parents or grandparents, the previously excluded just value of sucft. improvements as of the first January 1 after the l,tt„•//tavla.x, ctatP fl Uwdri awm90--=1Z04,M14� (loll ntll rig" Tax Law Library Page 4 of 4 improvements were substantially completed shall be added back to the assessed value of the property. This document is intended to alert you to the requirements contained in Florida laws and administrative rules. It does not by its own effect create rights or require compliance. This information is provided by the Department of Revenue to advise interested parties of legislative action taken during the 2002 session. If you have questions with regard to this matter and wish to discuss them, you may call Claudia Kemp at 850 -488- 0712. Retum to: rTLL Main Menul [Property Tax Administration] [informational Bulletins] � R Der ?10D,10 � I'"— ' /4- 1- -ofn +o fl — /— +o —+ 1.,,11 —9—M 0/ In 1 4Z-.L A - --i-OQO/ I t--L')AO'2 nnnnr,nn� CHAPTER 2002 -226 Council Substitute for Committee Substitute for House Bill No. 313 An act relating to ad valorem taxation; creating s. 193.703, F.S.; pro- viding for a reduction in assessment for constructed or reconstructed living quarters for parents or grandparents of homestead property owners or of their spouses; providing limitations; providing applica- tion procedures; providing penalties for making a willfully false statement in the application; providing for adjustment of the as- sessed value of property when the property owner is no longer eligi- ble for the reduction in assessment; providing a contingent effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 193.703, Florida Statutes, is created to read: 193.703 Reduction in assessment for living quarters of parents or grand - parents.— (1) In accordance with s. 4(e), Art. VII of the State Constitution, a county may provide for a reduction in the assessed value of homestead property which results from the construction or reconstruction of the property for the purpose of providing living quarters for one or more natural or adoptive parents or grandparents of tht .wner of the property or of the owner's spouse if at least one of the parents or grandparents for whom the living_ quarters are provided is at least 62 years of age. (2) A reduction may be granted under subsection (1) only to the owner of homestead property where the construction or reconstruction is consistent with local land development regulations. (3) A reduction in assessment which is granted under this section applies only to construction or reconstruction that occurred after the effective date of this section to an existing homestead and applies only during taxable years during which at least one such parent or grandparent maintains his or her primary place of residence in such living quarters within the home- stead property of the owner. (4) Such a reduction in assessment may be granted only upon an applica- tion filed annually with the county-property appraiser. The application must If the property appraiser is satisfied that the property is entitled to a reduc- tion in assessment under this section, the property appraiser shall approve the application. and the value of such residential improvements shall be excluded trom the value of the property for purposes of act valorE The value excluded may not exceed the lesser of the following; r1m struction of the property, or a ©crT 2003 CODING: Words stye are deletions; words, underlined are ad& Ch. 2002 -226 LAWS OF FLORIDA Ch. 2002 -226 (W Twenty percent of the total assessed value of the property as im- proved. (5) If the owner of homestead property for which such a reduction in assessed value has been granted is found to have made any willfully false voked. the owner is siihiert inn civil nPnnity of not mnrp f-boi, 4ti nnn -A the owner shall be disqualified from receiving any such reduction for a period of 5 years. (6) When the property owner no longer qualifies for the reduction in assessed value for living quarters of parents or grandparents the previously excluded just value of such improvements as of the first January 1 after the improvements were substantially completed shall be added back to the assessed value of the property_ Section 2. This act shall take effect upon the effective date of an amend- ment to Section 4 of Article VII of the State Constitution which allows counties to provide for a reduction in assessed value of living quarters constructed for parents or grandparents. Approved by the Governor May 1, 2002. Filed in Office Secretary of State May 1, 2002. 2 CODING: Words strieken are deletions; words underlined are addi AGENDA-. ITE . �� 4v� pg. _n_- Statutes & Constitution :View Statutes : flsenate.gov Page 1 of 1 Select Year: 2003 Go The 2003 Florida Statutes Title XIV Chapter 193 View Entire Chapter TAXATION AND FINANCE ASSESSMENTS 193.703 Reduction in assessment for living quarters of parents or grandparents. -- (1) In accordance with s. 4(e), Art. VII of the State Constitution, a county may F,ovide for a reduction in the assessed value of homestead property which results from the construction or reconstruction of the property for the purpose of providing living quarters for one or more natural or adoptive parents or grandparents of the owner of the property or of the owner's spouse if at least one of the parents or grandparents for whom the living quarters are provided is at least 62 years of age. (2) A reduction may be granted under subsection (1) only to the owner of homestead property where the construction or reconstruction is consistent with local land development regulations. (3) A reduction in assessment which is granted under this section applies only to construction or reconstruction that occurred after the effective date of this section to an existing homestead and applies only during taxable years during which at least one such parent or grandparent maintains his or her primary place of residence in such living quarters within the homestead property of the owner. (4) Such a reduction in assessment may be granted only upon an application filed annually with the county property appraiser. The application must be made before March 1 of the year for which the reduction is to be granted. If the property appraiser is satisfied that the property is entitled to a reduction in assessment under this section, the property appraiser shall approve the application, and the value of such residential improvements shall be excluded from the value of the property for purposes of ad valorem taxation. The value excluded may not exceed the lesser of the following: (a) The increase in assessed value resulting from construction or reconstruction of the property; or (b) Twenty percent of the total assessed value of the property as improved. (5) If the owner of homestead property for which such a reduction in assessed value has been granted is found to have made any willfully false statement in the application for the reduction, the reduction shall be revoked, the owner is subject to a civil penalty of not more than $1,000, and the owner shall be disqualified from receiving any such reduction for a period of 5 years. (6) When the property owner no longer qualifies for the reduction in assessed value for living quarters of parents or grandparents, the previously excluded just value of such improvements as of the first January 1 after the improvements were substantially completed shall be added back to the assessed value of the property. History. --s. 1, ch. 2002 -226. AGENDA ITEt'v1i httn- / /www flcPnatP nq /i(Un(1m y, s r�O Memorandum To: Abe Skinner, Property Appraiser From: James _ , Munty Manager Date: September 15, 2003 Subject: 193.703, F.S. Reduction in assessment for living quarters of parents or grandparents I am in receipt of your memorandum regarding Florida Statute 193.703. Last year a constitutional amendment was approved creating 193.703, which provides for a reduction in assessment for living quarters of parents or grandparents. Although this was passed as a local option, you stated that Collier County has not granted this reduction in assessment. In order to make a recommendation to the Board of County Commissioners to allow this reduction in assessed value beginning in 2004, f need some additional information from you. I appreciate you providing me with the Aug. 8 Department of Revenue Informational Bulletin, Florida Law Chapter 2002 -226 and Florida Statute 193.703. However, in order to make an educated, deliberate determination, I am requesting advisement from you on the estimated financial impact on annual tax receipts with proposed reductions in assessments applied. Commissioner Henning has proposed this item be- discussed at the Sept. 23 Board of County Commissioners meeting so whatever additional information you can provide would be appreciated at your earliest convenience. I welcome the opportunity to discuss this issue further with you. If you have any questions, please call. JVM -dlw Cc- Board of County Commissioners - Leo Ochs, Jr., Deputy County Manager - Oa-1 ,V2003 Office of the County Manager EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD OBJECTIVE: To appoint 3 members to serve 3 -year terms, expiring on October 1, 2006, to the Historical /Archaeological Preservation Board. CONSIDERATIONS: The Historic /Archaeological Preservation Board had 3 terms expire on October 1, 2003, representing the category of History, Citizen -At- Large, and Landscape Architect. This 7- member board is vest d with the power, authority, and jurisdiction to designate, regulate, and administer historical, and archaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commissioners. Terms are 3 years. A list of the current membership is included in the backup. The terms for Alex (History), William J. Dempsey (Citizen -At- Large) and William J. Tyson (Landscape Architect) expired on October 1, 2003. A press release was issued and resumes were received from the following 6 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Paul M. Stephan Citizen -At -Large 3 Yes None William J. Tyson-Reappt Landscape Architect I Yes Historical/Archaeological Adam Brooks History 5 Yes None Nancy J. Hannigan Citizen-At-Large 4 Yes None Philip M. May Citizen -At -Large I Yes None William J. Dempse -Rea t Citizen -At -Large or Law 4 Yes Historical/Archaeological COMMITTEE RECOMMENDATION: William J. Tyson — Reappointment William J. Dempsey — Reappointment Adam Brooks — New Appointment WAIVER: Section Seven (B) of Ordinance 2001 -55 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived ". According to available records, Mr. William J. Tyson has served 2 terms. Should the Board wish to re- appoint Mr. Tyson, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members to serve 3 year terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners AGENDA ITEM -- Agenda Date: OCTOBER 14, 2003 _ r I UT I Nur U11 �1111old l Community Development & Environmental Services Division Planning Services Department - Current Planning Section To: Sue Filson, Executive Manager Board of County Commissioners From: Ray Bellows, Chief Planner Current Planning Section Date: September 22, 2003 Subject: Historical and Archaeological Preservation Board Vacancy Please be advised that the Collier County Historic and Archaeological Preservation Board has discussed the request for consideration relative to the vacancies on the above referenced advisory committee. The Preservation Board has received resumes from Paul M. Stephan, William Tyson, Adam Brooks, Nancy Hannigan, Philip May and William J. Dempsey. Based on the Preservation Board's review of all the applicant's resumes, they have categorized the applicants as follows: A. William J. Tyson B. William Dempsey C. Adam Brooks D. Paul M. Stephan E. Nancy Hannigan F. Philip May (Landscape Architect) (Law or At- Large) (History) (At- Large) (At- Large) (At- Large) The Preservation Board determined that William Tyson had significant experience with historic preservation and with landscape issues while William Dempsey was determined to be the most qualified for Real Estate Law. Adam Brooks was concluded to be the most qualified for the History category. AOEtv'D7 ITEM i �nn� P1, As a result, Preservation Board recommended the following appointments: • William Tyson to fill the Landscape Architect vacancy. (reappointment) • William Dempsey to fill the At -Large vacancy. (reappointment) • Adam Brooks to fill the History vacancy. The Preservation Board indicated that Paul M. Stephan, Nancy Hannigan and Philip May did not have experience of the other candidates. If you have any questions concerning this matter, please do not hesitate to contact my office. RVB /rb cc: Joe Schmitt Susan Murray AGEND T :� �� MEMORANDUM DATE: August 1, 2003 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please fist the commission district in which each applicant resides. HISTORICAUARCHAEOLOGICAL PRES BD Paul M. Stephan - 2955 70" Street, S.W. Naples, FL 34105 1 William J. Tyson ( rII 732 Hernando Drive Naples, FL 34145 Adam Brooks 3121 Orange Grove Trail v Naples, FL 34120 Nan cy J. Hannigan L j 2453 Sunset Avenue Naples, FL 34112 Philip M. May (, 237 St. Andrews Boulevard Naples, FL 34113 Thank you for your help. COMMISSION DISTRICT C �) f s% C.//-) RECEIVED AUG 0 2003 ma3 -d Of C0 z NO eCT a 4, 7^ J pg. �-- Historical /Archaeological Preservation Board Work Phone Appt'd Exp. Date Term Nance Home Phone DateRe -appt 2ndExpDate 2nd Term Ms. Diane M. Gonzalez 649 -0088 09/01/92 10/01/95 3 Years 809 Walkerbilt Road, Suite 3 434 -8696 10/23/01 10 /01/04 3 Years Naples, FL 34110 District: 2 Category: Citizen -At -Large Ms. Joanne Marro Quinn 03/24/98 10/01/98 7 mo. P.O. Box 8142 261 -9468 10/23/01 10/01/04 3 Years Naples, FL 34101 District: 4 Category: Citizen -At -Large Mr. Alex Dusek 09/01/98 10 /01 /00 2 Years 963 Fountain Run 774 -2428 10/10/00 10/01/03 3 Years } Naples, FL 34119 District: 3 Category. History Mr. Thomas W. Franchino 263 -8357 07/31/01 10/01/02 1 Year 183 Westwood Drive 10/08/02 10 101105 3 Years Naples, FL 34110 District: 2 Category: Real Estate/Land Development Mr. William J. Dempsey 649 -4900 10 /10 /00 10/01/03 3 Years 1836 Harbor lane 417 -5683 Naples, FL 34104 District: 4 Category: Citizen -At -Large Mr. William J. Tyson 09/08/98 10 /01 /00 2 Years 732 Hernando Drive 394 -0800 10 /10 /00 10/01/03 3 Years - Marco Island, FL 34145 District: 1 Category: Landscape Architect Wednesday, Afarch 12. 2003 Page 1 of 2 AGE? Yt*0, T i ?ng u Historical /Archaeological Preservation Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. John W. Thompson 10/15/96 10/01/99 3 Years 576 Retreat Drive, Apt. 202 597 -2269 03/11/03 10/01/05 3 Years Naples, FL 34110 District: 2 Category: Archaeology This 7 member committee was created by Ord. No. 91 -70, and repealed and amended by LDC Div. 1.22.1 Ord. No. 91 -102. This board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commissioners. Membership is composed of 7 members from the following categories: a. history; b. archaeology; c. Real Estate, land development, or finance; d. architecture; e. law or urban planning; and, f. 2 positions will be filled by citizens at large. Terms are 3 years. FL ST.4 T Stay: Ray Bellows, Principal Planner: 403 -2400 AG04DA REM Wednesday, Afarch 12, 2003 Page 2 of 2 WX CT fl2n�t MEMORANDUM DATE: August 1, 2003 TO: Ray Bellows, Principal Planner FROM: Sue Filson, Executive Manage Board of County Commissioners RE: Historical/Archaeological Preservation Board As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Paul M. Stephan 2955 70`h Street, S.W. Naples, FL 34105 William J. Tyson 732 Hernando Drive Naples, FL 34145 Adam Brooks 3121 Orange Grove Trail Naples, FL 34120 Nancy J. Hannigan 2453 Sunset Avenue Naples, FL 34112 Philip M. May 237 St. Andrews Boulevard Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments =1: END.4 1TFhi Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Application for Advisory Committee /Boards Name: Paul M. Stephan J Home Phone: P39- 263 -2813 Home Address: 2955 70 Str'�— e e t SW . Zip Code: 34105 Fax Business Phone: 39- 435 -1802 e-mail pstephan @swfla.rr.com No. - address: �aulstephanCPA hotm; Business: Paul M. Ste han CPA Board or Committee Applied for: The Historic /Archaeological Preservation Board Category (if applicable): ICitizen at Large Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, what is that once? r— `Yes No No NO Do you now serve, or have you ever served, on a Collier County board or Committee? Yes If yes, please list the committees/boards: Please list your, positions held: community activities (CIVIC clubs, neignnorn000 associations, etc. ) ana United Way of Collier County, Budget Review Committee; United Arts Council of Naples, Director; Naples Sailing Center, Treasurer 1992 -1995 and Instructor; Leadership Collier Class of 1992; Elder, Mooring Presbyterian Church. Education: I BS from Florida State University Work towards an MBA at the University of South Florida Experience: No 'urrently; CPA in Public Practice: I have spent 26 years in the Newspaper ndustry with a variety of accounting positions including Vice President of inane with the Naples Daily News r f -, Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (941) 774 -3602 or e -mail to suefilson /a colliergov.net. Thank you for volunteering to serve the citizens of Collier County. t PAUL M. STEPHAN CPA 2955 700' Street Southwest Naples, Florida 34105 Email pstephanra'swfla.rr.com Phone 239 - 263 -2813 Summary of Professional Experience Paul Stephan CPA, November 2002 - Present Certified Public Accountant Gainesville Sun / Ocala Star Banner New York Times Regional Newspaper Group, Gainesville, Florida May 2002 - October 2002 Controller Naples Daily News, Naples, Florida May 1983 - May 2002 Clearwater Sun, Clearwater, Florida May 1977 - May 1983 Vice President / Director of Finance Controller Heritage Yacht Corporation, Clearwater, Florida November 1976 - May 1977 Controller Ernst & Young, CPAs, Tampa, Florida June 1975 - November 1976 Staff Accountant Professional Education Graduate studies towards an MBA at the University of South Florida, Ft Myers, Florida Passed the Certified Public Accountants Examination in first sitting; obtained CPA certificate. Bachelor of Science Degree with Major in Accounting from Florida State Diversity, Tallahassee, Florida. Organizations American Institute of Certified Public Accountants: Florida Institute of Certified Public Accountants; International News- paper Financial Executives; United Way of Collier County, Budget Review Committee; United Arts Council of Naples, Director; Naples Sailing Center, Treasurer 1992 -1995 and Instructor; Leadership Collier G-FNI"i 111711401 :i F lb Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 �? {V ' +,. y1t (941) 774 -8097 Fax: (941) 774- 360?JL ` 9 200:1 - UtlhT' I.CflliNJSS lilfr Application for Advisory Committees/Boards Name: (,l�(,(.�i=l.,- z SL h Home Phone: 594 0800 Home Address: t tA (l LkL DV-1 Zip Code: , _V45 —1914 Fax No. S94 56t 2_ Business Phone: 10lnU2— e-mail address: VAC %-& K1 i (� �iQ D[2 y oef Business: Board or Committee Applied for: A 5fo 11 Category (if applicable): Example: Commission District, Developer, enviroomentalist, lay person, etc. Are you a registered voter in Collier County: Yes V// No Do you currently hold public office? Yes No _V/ If so, what is that office? _ Do you now serve, or have you ever served, on a Collier County board or committee? Yes No If yea,,plgase list the c9Wmittees/boardsi Please i t your c held: C° e Education: Muni �y ac/tiviVes (civil clubs, ne 1. ns, etc. and positions 5j7aC, + A1d: tot O_eXkKSe -I1� Im n Please attach any additional information you feel pertinent This application should be forwarded to Sue Fllson,'Execirlw Maw p_lhf..v- Board of Counly Commissioners, 3301 East Tamiami Trail, Napkj,eFL 34112. Ifyou wish, please fax your applf ti (q[Qi ��7 3 D e-mail to suefelsonacoliiersov.net 7inwf� am►��ed afCaYier['soey. Collier County Home BCC I Application for Advisory CommitteesBoards Page 1 of 2 _ - Board of County 6ilnn ass viers 3301 East Tamiami Trail r _ ,.. Na?pi9 Ff 341 (239) 774 -8097 Fax: (239) 774 -3602 , Application for Advisory Committee /Boards Name: AyAo^ &zc�JkS Home Phone: K-W • S3t4S Home Address: 3121 OaAW- -TE calt�cs��'r'Q�. *�r'?1.E� Zip Code: 3q 12d Fax No. W9.12.113 Business Phone: mil, . �$ e-mail address: ggg�,p !�(� t? yA-�wc . G4--- Business: c vk,L1j?Y2 co_ Rlg� -� C LA44A ILf Board or Committee Applied for: gjS -mj2AG afLc �Ot,oCslc,� Fti2K8(iJA- 1v,�CJ 2_,oA jb Catagory (if applicable): Example: Commission District, Developer, environmentalist, la }' person, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office ? Yes If so, what is that office �- No No >L Do you now serve, or have you ever served, on a Collier County board or Committee? Yes No If Yes, please list the committeesiboards: Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: FLprzAaA cA-%, 50c,tNm" ��- gf2�DA 'YZ_S -r 7-0,2 9�E'Ss fti.c2�L� t�$(z,iatJ� +�/'e'1v-I.afZ �L Education: wC'1?,c - — P��lyctvt,o�y {alas trc`Q �, DEi-'4 — -A Experience: Pgr&C-1 c- %PtA-r%t t..l f— t�rl -.ri.A H-��- t-sl•� �cJ�t SoLt�-�'�{ a�-a2 aJ IV 3 . F�c �1aA 'M,�S T � A rat ST�a2+ c ggest S� P- t'N e Z oJ�.^R_ \ � ►-r1. s.i� crt� 5? P� t ST tcy f;r• !9' Y" STV(If , e c.n t_1_ t e4>— cry 1-V-) PU8 t-1 c- t,�gl2.ea f?�n 1t-+SI-a 1, c. lLGZ.oJJ].C.FS �S 1��T1 ATtJ�'t _ *. -, Please attach enn• additional information roc feel pertinent. This application shotdd he forwarded to Sire ;�ilso�j,,,Execntiti•e fl/ 11anager to the Board of C'ormn, Commissioners, 3301 East Tamiarrti Trail, Airples, FL 34112 ff port wish .1 pleaSPYat rom• application to t941)774-3602 or e -mail to suefrlsom "acolliergov.net Thank ott for voltmteering to serve the _ Cotmty. htti)://www.collier2ov.net/bcc/advisorv`/`20ai)t)lication.htm 7/14/2003 Adam Brooks 3121 Orange Grove Trl Naples, FL 34120 (239) 262 -5345 abbfla66 @yahoo.com OBJECTIVE To obtain a position as a librarian in an academic setting. EDUCATION Kent State University, Kent, Ohio 2001 Masters of Library and Information Science B.A., Kent State University, Kent, Ohio 1999 Major: Psychology Minor: English PROFESSIONAL EXPERIENCE Reference Librarian Collier County Public Library, Headquarters Branch, Naples, FL Work directly with patrons, providing reference and internet assistance. Additional duties include the selection and ordering of various library materials for both the reference and circulating collection of the Headquarters branch. Also conduct library tours, teach classes for staff and public, and lead book discussions as required. Graduate Assistant Kent State University School of Library and Information Science, Ohio State University Satellite Campus, Columbus, OH Monitored computer lab used by degree candidates at the Columbus campus. Assisted professors in preparation of class materials. Provided technical assistance in set up of audiovisual equipment for class sessions: Labor Market Analyst 2 State of Ohio Department of Job and Family Services, Labor Market Information Division /Occupational Information, Columbus, Ohio Conducted collection and estimation processes for the Bureau of Labor's Occupational Employment Statistics survey by developing- estimates of occupational employment and wages within and across industries for the State of Ohio and 16 substate areas. Utilized statistical methods to verify, code and edit occupational and wage data collected. Unemployment Contribution Examiner 1 State of Ohio Bureau of Employment Services, Contribution Department, Columbus, Ohio Examined reports and correspondence submitted by employers and auditors for completeness, accuracy and compliance with Ohio's Unemployment Compensation -. Law. Duties included assignment of account numbers, archiving and management of employer account files, communication with employers, auditors and th,�.nuhlic throuA Q � oral and written communications to assist with inquiries, and gatherell in(tQfiiA&Lr1TtM order to prepare reports vital to the operation of the Contributions Depaimei . • �tiLi Adam Brooks 3121 Orange Grove Trl Naples, FL 34120 (239) 262 -5345 abbfla66 @yahoo.com Clerk 2 State of Ohio Bureau of Employment Services, UC Tax Division /Contribution Department, Columbus, Ohio Batched documents to be scanned, operated reception desk, sorted, distributed and delivered mail, maintained filing archives and reviewed department microfilm for errors. Office Support Solutions Staffing, Columbus, Ohio Acted as a temporary employee completing various assignments for both private and public sector agencies. Demonstrated accomplishments in planning, organizing, coordinating and implementing everyday activities of various organizations. Created, updated and maintained office filing systems, operated personal computer to complete daily assignments, operated peripheral equipment, processed incoming and outgoing postal materials, completed data entry utilizing departmental software, assisted in preparation of yearly audits, refilled /replaced office supplies and performed general office tasks and procedures as needed. Clerk 1 Bank One, Photo Card Division, Columbus, Ohio Received and recorded incoming materials, prepared weekly reports for various banking affiliates, maintained statistical reports and records, operated Datacard System to process photocards, and completed general office tasks necessary for daily operation within a corporate banking facility. Midwest Scissors, Columbus, Ohio Completed inventory, monitored stock orders and purchases, and handled phone sales for a family owned business. PROFESSIONAL ORGANIZATIONS American Library Association Florida Library Association Florida State Genealogical Society RELEVANT SKILLS Florida Historical Society - Research Fellow Florida Trust for Historical Preservation Southwest Florida Library Network • Three (3) months experience in University library setting as student employee. Utilized the following databases extensively: Ohio State Catalog of Automated Retrieval (OSCAR) Ohio Link Ohio Public Library Information Network (OPLIN) On -Line Computer Library Center (OCLQ • Knowledge of the following software programs: Lotus Approach 11213; Lotus 5.0; Microsoft Word; Microsoft Works; Microsoft Publisher; Macintosh Vax; Microsoft Excel, Windows N7 " {W rj1W ate programs; HTML coding and other related software. I dC • Working knowledge of Spanish i �' �3 - Adam Brooks 3121 Orange Grove Trl. Naples, FL 34120 (239 )262 -5345 abbfla66 @yahoo.com RELATED COURSEWORK Rare Book Librarianship Library Managemr: nt Foundations and Administration of Archives Access to Information Organization of Information CONTINUING EDUCATION Indexing and Abstracting Social Science Info. Sources Young Adult Programming Ethical Issues in Librarianship Selection and Acquisition Business Resources on the Internet — SOLINET Dealing with Difficult People — Collier County Human Resources Success with Firstsearch — SWFLN Gale Databases (Florida Electronic Library) — Gale How Adults Learn — SWFLN Managing Public Access Computers — SOLINET P.C. Troubleshooting — SWFLN Creating Effective Presentations — SWFLN Quality Reference Services — SOLINET How to Design & Conduct Library Surveys — State Library of Florida Patent and Trademark Searching — SWFLN Emotional Intelligence — Collier County Human Resources Nl AGENDA .; , ? 4 21001 Board of County Commissioners -_ 3301 East Tamiami Trail Naples, FL 34112 (441) 774 -41197 Fax: (941) 774 -3602 i Application for Advisory Committees/Boards Name: wc.'y J, o (' -w Home Phone: zu?-- a 1 Home Address: 2-453 S�W5ET kV E Zip Code: 3 q 1 [2- Fax No.AQ % --� 2 U-7 Business Phone: 2-4W - ,4 3015- e-mail address: )UkMA)k)1&*J) ;i 7DW&L Business: CAM Board or Committee Applied for :. 7{fE khSrtJyU&Ay1_ /' �9 �GOlsl G �3�xustrZQx: Category (if applicable): C4%776ti) Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes j% No Do you currently hold public office? Yes. If so, what is that office? No t/' Do you now serve, or have you ever served, on a Collier County board or committee? Yes No 1/ If yes, please list the comminees/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions 9 Experience: l _ �IJ ' Please anach any additional information you feel pertinent This application should be forwarded to Sue Filson, Execu Board of county Commissioners, 3301 East Tamiaini Trai4 Naples, FL 34111. Ifyou wish, please fax your application e -mail to suefitson(arollierror.net Thank you for vokmavering to serve the citizens of Collier County. �ve AiallQgel t0 thLif n0i to (949774 -3602 07/14/2003 10:05 2395967221 EDWARD JONES PAGE 01 Board of Coney Commissioners 3301 East Tamiami 'Iraft Naples, YL 341 g - -! E Fax: (941) 774 -3402 `M Application for Advisory Committees/Boards Name, i Home phone:. 3 5 -7q 3 96 -79 $nine Address: -1�+ 4uz�� -J��I Zip Code_ 3q 113 Fax No.k" �pI BlAzess Phone.-23 I S' l (o %LL O email address 1 t'. $ % J 01F 7-.S Board or Committee Applied for: /`7F�ST0� t C I /I- - .�� Iz- Category► (ifaWlicable): T _ L6k_ Baamplc Commkdae District. Devdeper, earimnMentallsk by P.Mv, eoa Are you s registered voter in Collier County: Yea No Do you currently hold pablle office? Yes No Uao, white M drat office? no you now serve, or kave you ever serve* on a Copier Coanq board or oosomittee? yes No —� If yes, please rise the committsalbonrds; Flease list your community activities (civic cluiis, neighborhood associations, atc and positions held: Education:. Sj S v c S M /,, 17easa ad/eck adttZrlarrgJ J1�orma!loaymrr fed parfnrst TkAr iePPMearloe should 6e forwarded to Sue F77ron, Fxemdow Adair_ �,: Coua& Carrwlsrdsswa, 3391 East r a1Jr:1 ��a�IU_ 34_ ) -� t)rl sQas a, s fison s From: William J. Dempsey [wjdempsey @napleslaw.com) Sent: Friday, August 01, 2003 5:02 PM To: suefilson @colliergov.net Subject. Advisory Board Application ''I advisory applkztIon.doc Dear Sue: Attached please find my advisory board application. I am a current member of the Historical /Archaeological Preservation Advisory Board applying for an extended term. Please contact me with any questions or concerns. Yours truly, William J. Dempsey 1 l Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 -� (239) 774 -8097 Fax: (239) 774 -3602 ~ Application for Advisory Committee/Boards Name: William J. De2Msey Home Phone: 239 -417 -5683 Home Address: 11836HarborLane Zip Code: 134104 Fax 1239- 261 -08841 Business 1239 -261- laddress e-mail No. (Phone: jq '1On Business: I Attorney – Cheffy, Passidomo, Wilson & Johnson, LLP Board or Committee Applied for: Historical/Archeaolo ical Preservation Catagory (if apparame): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office ? No I X _ If so, what is that office ? :0._.I Do you now serve, or have you ever served, on a Collier County board ff—� or Committee? Yes No If yes, please list the committeesiboards: Historical/Archeaological Preservation Advisory Board 1 Please list your community activities (civic clubs, neighboorhood associations., etc.) and positions held: Education: I Bachelors of Art – English and American Literature from the University of South Florida 0 994); Juris Doctor from Stetson Universitv College of Law (1998) EXECUTIVE SUMMARY CONFIRMATION OF MEMBER(S) TO THE COLLIER COUNTY CITIZENS CORPS OBJECTIVE: To confirm the appointment of a member representing the Collier County Chamber of Commerce to the Collier County Citizens Corps. CONSIDERATIONS: This 11 member committee was established on November 5, 2002 by Ordinance No. 02 -56 to provide information to the citizens of Collier County and to act as a coordinating agency for the enhancement of activities that support emergency services, law enforcement and disaster prevention, preparedness and response. The committee will assist in the recruitment of volunteers by publicizing and expanding existing community programs such as: Medical Reserve, Neighborhood Watch, Community Emergency Response Teams, Volunteers In Police Service & other public safety and law enforcement programs. They will also facilitate communication between Collier County & State & Federal agencies on mitigation activities as well as to enable Collier County to identify outside resources such as grants, training opportunities and equipment. A list of the current membership is included in the backup. A resignation was received from the representative of the Collier County Chamber of Commerce, Charles E. Graves. A memo was received from staff advising that the Chamber has submitted the name of their representative who will fulfill the remainder of the vacant term. CHAMBER RECOMMENDATION: Reginald A. Buxton, II — term expiring November 5, 2005 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, confirm the appointment, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 14, 2003 AGUM&REM .� pa5• Collier County, Florida EMERGENCY MANAGEMENT DEPARTMENT 3301 Tamiami Trail East Building F,1 ST Floor Naples, Florida 34112 (239) 774 -8444 FAX (239) 775 -5008 MEMORANDUM DATE: September 18, 2003 TO: Sue Filson, Executive Manager, Collier County BCC FROM: Jim von Rinteln, Emergency Management Coordinator SUBJECT: Replacement Member Nomination for the Citizen Corps Advisory Committee In consideration of the resignation of Charles Graves as the Collier County Chamber of Commerce member of the Collier County Citizen Corps Advisory Committee, the following nomination is made for his replacement: Mr. Reginald A. Buxton II (Application Attached). Thank you, if you have any questions please contact me at 774 -8911. :' UNDA.FFVEM {qA{^ a t.Vill :.. - „vuaac; nv.uac t 17L�. ; t.!IJl:lil:dLloP.. ivr t- w-- -scry l.olnmillees/23oaras Page I Ot 2 Board of County Commissioners 3301 East Tataiami Trail • .t Naples, FL 34112 (239) 7744097 ^'+ r x Fax: (239) 774-3602 y Application for Advisory Committee/Boards Nar ie: fFrf C” r. �� T d 0 � Home Phouc: 2; % �% 3 7 Her to Add // P �y C�c',o; / ��. / �,� cr 4/ .4 V Zip Code: S asinds Phoae- Fu rro�� 9 i �/ ?/ •': �S 7? X05/ a -mail address: �,,� , - r'c e /�� - r' T = cT •� :` Bus ness: Boa 4 or Committee Applied for. C., Cati gory (if opplicabk): C h,7z g 6e� 1) - Exan pie: Commission District, Developer, environmentalist, lay person, etc. Are you a re&tercd voter in Collier County: Yes X No Do 3 on currently hold public office ? Yes No Uso, what is that office? Do F 3u now serve, or have you ever served, on a Collier County board or C >mmittee? Yes No If yes please list the comet itten boards: Plea- a list yotw community activities civic clubs, neighb9orhood associations, etc.) and / posit ons held: s f ��2cf; < .�� — c. v T /''� /L /� e- Z,o � .� � :�s � l ✓,� ��' c--s c�".� � l �Cr? ,6-,? 7, -, T/ rd c- /" s' s a o2 e-O Educ ation: Eapeience: �� S o �o t c2 G 5lcl ' t ��, rr�' 1 77- ry,J L�/i C' '-7 J �� '�'/ � /cam/ ' U � 21 /�'f/L� � '/ / d �7 i� 11S �/ .iJ �f i! •- � J e l Please wroth am additional informanan yet feel pentneaL Thu applicah'on should be for%wded to Sue FUsaM FAwutive Manaw r to the Board of County Commisrioners, 3301 Bar rhmia ni P-Od. Xaple r, FL 34)12. If you wish please fax your apptica. Ion to (941)774 -3602 or e-mail to xLvyUwn@cdliwr -net Thank you for vohw �rZ*' ke t!!3'"° County. N 4i'=.-� http: / /r% ww.colliergov- ncubcc /advisory%20application.htm 3 `' 89/15/ 003 Collier County Citizens Corps Ms. Deborah Horvath 3060 Round Table Lane Naples, FL 34112 E -Mail: District: Category: American Red Cross Mr. Robert Rohland 825 Ketch Drive, #203 Naples, FL 34103 E-Mail: District: Category: Salvation Army 596 -6868 11/05/02 775 -8668 775 -9447 11/05/02 434 -0834 Ms. Nelda Miller 263 -4205 11/05/02 2463 l Oth Street, North 261 -0642 Naples, FL 34103 E- trail: District: Category: Collier Emergency Response Volunteers CERV Captain Tom Kuznar 8063 Palomino Drive Naples, FL 34113 E- !Mail: District. Category: Civil Air Patrol CAP Piursda -n June 12. 2003 272 -4805 11/05/02 775 -3798 Page I of 3 11/05/06 11/05/06 11/05/05 11/05/06 4 Years 4 Years 3 Years 4 Years AGENDA NO. �— LF . .np P Work Phone Appt'd Exp. Date Tertn tVame Home Phone DateRe -appt 2ndExpDate 2nd Term Ms. Carol Holle Pahl 774 -8999 11 /05/02 11/05/06 4 Years 2501 Sailors Way 597 -3759 Naples, FL 34109 E -Mail: District. Category: Community Emergency Response Team CERT Ms. Deborah Horvath 3060 Round Table Lane Naples, FL 34112 E -Mail: District: Category: American Red Cross Mr. Robert Rohland 825 Ketch Drive, #203 Naples, FL 34103 E-Mail: District: Category: Salvation Army 596 -6868 11/05/02 775 -8668 775 -9447 11/05/02 434 -0834 Ms. Nelda Miller 263 -4205 11/05/02 2463 l Oth Street, North 261 -0642 Naples, FL 34103 E- trail: District: Category: Collier Emergency Response Volunteers CERV Captain Tom Kuznar 8063 Palomino Drive Naples, FL 34113 E- !Mail: District. Category: Civil Air Patrol CAP Piursda -n June 12. 2003 272 -4805 11/05/02 775 -3798 Page I of 3 11/05/06 11/05/06 11/05/05 11/05/06 4 Years 4 Years 3 Years 4 Years AGENDA NO. �— LF . .np P Collier County Citizens Corps Work Phone Appt `d Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. James H. Elson 860 -0009 11/05/02 11 /05/06 4 Years 680 8th Avenue, South 434 -2652 Naples, FL 34102 E -Mail: District: Category: Collier County Veterans Council 1D'598 Mr. Charles E. Graves rE5 ►5��d -7 -7586 11/05/02 11/05/05 3 Years 1280 Wildwood Lakes Blvd, Apt 104 354 -0904 Naples, FL 34104 E- ,hail: District: Category: Business & Industry (Chamber) Chief Don Peterson 455 -2121 11/05/02 11/05/05 3 Years 2996 44th Terrace, S.W. 455 -3015 Naples, FL 34116 E -Mail: District: Category: Collier County Fire Chiefs Association Mr. Walter R. Jaskiewicz 11/05/02 11/05/05 3 Years 420 South Barfield Drive 389 -0723 Marco Island, FL 34145 E -Mail. District: Category-: Coast Guard Auxiliary Mr. Gerald Sugarman 597 -5444 01/14/03 11105105 3 Years 816 Bentwood Drive 597 -5444 Naples, FL 34108 E- Afail: District: Category: Retired Senior Volunteer Program RSVP AGES Thursday, June 12, 2003 Page 2 of 3 Collier County Citizens Corps Work Phone Appt'd Exp. Date Term 1i atne Home Phone DateRe -appt 2ndExpDate 2nd Term Captain Scott L. Salley 774 -4434 06/10/03 11/05/05 2 Years 3301 E. Tamiami Trail Naples, FL 34112 E -Mail: District: Category: Sheriffs Office This 11 member committee was established on November 5, 2002 by Ordinance No. 02- to provide information to the citizens of Collier County and to act as a coordinating agency for the enhancement of activities that support emergency services, law enforcement and disaster prevention, preparedness and response. The committee will assist in the recruitment of volunteers by publicizing and expanding existing community programs such as: Medical Reserve, Neighborhood Watch, Community Emergency Response Teams, Volunteers In Police Service & other public safety and law enforcement programs. They will also facilitate communication between Collier County & State & Federal agencies on mitigation activities as well as to enable Collier County to identify outside resources such as grants, training opportunities and equipment. P ST.4 T President through the Office of Homeland Security Staff. Jim von Rinteln, Emergency Management Department: 774 -8444 Tkursdav, June 12, 2003 Page 3 of 3 :°1.EWA IMA 'Vachovia Bank, National Association Commercial Banking 3801 Pelican Bay Bouievard Narms. FL 34108 Tel 239 5917992 Fax 239 598-7598 Ms. Carol Pahl Chairperson Citizens Corps Advisory Committee CIO Emergency Management 3301 E. Tamiami Trail, F -1 Naples, Florida 34112 Dear Ms. Pahl: September 18, 2003 It is with deep regret that effective October 1, 2003, I will resign from the Citizen Corps Committee for personal family reasons. The time spent serving on the Collier County Citizen Corps was most rewarding and provided me with an increased awareness of how much vitality and talent the citizens of our area bring to this local community. Citizen Committees are the backbone to a successful region not only because they provide an avenue for local individuals to give back to the surrounding community but also provides a cohesive fabric of various talents to help sustain our quality of life. Thank you and God bless all of you. Sincere*, 1 Charles E. Graves EXECUTWE SUMMARY APPOINTMENT OF NffiNI3ER(S) TO THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE OBJECTIVE: To re- appoint 2 members to 4 year terns, expiring on October 13, 2007, on the Golden Gate Estates Land Trust Committee. CONSIDERATIONS: The Golden Gate Estates Land Trust Committee had 2 terms expire on October 13, 2003 for applicants residing in Golden Gate Estates Units 21 -22, 36 -47, 52 -53, 59 -93 or those units located south of Alligator Alley. This 5 -member committee serves in an advisory capacity to the Board of County Commissioners for the purpose of carrying out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties Inc. (fVa GAC Properties Inc.). Applicants must reside within the subdivision known as "Golden Gate Estates." Member selection may depend upon location of residence within specific areas (phases) of the Estates. Terms are 4 years. A list of the current membership is included in the backup. The terms for Linda Hartman and Charles Purcell VanGelder, II, expiring on October 13, 2003. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Linda Hartman Phase I Yes GG Estates Land Trust Charles P. VanGelder, II Phase I EE75 Yes GG Estates Land Trust —7 -- _ — - COMMITTEE RECOMMENDATION: Linda Hartman — Re- appointment Charles P. VanGelder, II — Re- appointment WAIVER: Section Seven (B) of Ordinance 2001 -55 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (D) of the same section, it is noted that `By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived ". According to available records, Charles VanGelder, II has served 2 full terms. Should the Board wish to re- appoint Mr. VanGelder, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 14, 2003 AGF14QA ITEM ' "ter ,010� u Memorandum ni. To: Sue Filson, Administrative Assistant Board of County Commissioners From:, Toni A. Mott, Supervisor ,Property Acquisition and Construction Management Date: September 26, 2003 Subject: Golden Gate Estates Land Trust Committee The Golden Gate Estates Land Trust Committee Members, at their September 22, 2003 meeting, unanimously recommended the Board of County Commissioners accept the application of Charles "Skip" VanGelder for membership to the Committee. Mr. VanGelder resides within Golden Gate Estates, Unit 12, Tract 33 (Phase 1). Please present the Golden Gate Estates Land Trust Committee's recommendation to the Board of County Commissioners at your earliest convenience. Thank you Real Property Management Department AGENDA rJ Memorandum •w • a 1 To: Sue Filson, Administrative Assistant Board of County Commissioners FromC�-Tjk ni A. Mott, Supervisor roperty Acquisition and Construction Management Date: September 26, 2003 Subject: Golden Gate Estates Land Trust Committee The Golden Gate Estates Land Trust Committee Members, at their September 22, 2003 meeting, unanimously recommended the Board of County Commissioners accept the application of Linda Hartman for membership to the Committee. Mrs. Hartman resides within Golden Gate Estates, Unit 7, Tract 113 N (Phase 1). Please present the Golden Gate Estates Land Trust Committee's recommendation to the Board of County Commissioners at your earliest convenience. Thank you. „ Real Property Management Department - - - - C idea Cate Estates Land Trust Committee 1Vame Work Phone Appt'd Exp. Date Tern Home Phone DateRe -appt 2ndExpDate 2nd Term Ms. Linda Hartman 274 -5400 02/25/03 10/13/03 8 mo. 794 17th Street, N.W. 455 -1739 Naples, FL 34120 District: 5 Category: Phase I Mr. Stephen B. Greenberg 10/11/94 10/13/98 4 Years 2780 8th Street, N.W. 455 -1204 11/05/02 10/13/06 4 Years Naples, FL 34120 District. 5 Category: Phase III Ms. Karen M. Acquard 03/10/98 10/13/98 8 months 441 24th Avenue, N.E. 455 -8318 11/05/02 10/13/06 4 Years Naples, FL 34120 .District: 5 Category: Phase I 7 sot Ms. Joy Dawson '. • ri6tr3y' 3 09/1 1 /Ol 10/13/05 4 Years 3930 26th Avenue, S.E.3 353 -0444 Naples, FL 34117 District: 5 Category: Phase II Mr. Charles Purcell VanGelder, II 597 -8774 10/10/95 10/13/99 4 Years 760 7th Street, S.W. 353 -5713 10/12/99 10/13/03 4 Years c/ Naples, FL 34117 District: 5 Category: Phase I 13 11ednesdar. Februrrr 26 2003 Page 1 0 2 j AGEND a. !,rEm -- �t rr Goiden Gate Estates Land Trust Committee Fork Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 87-48, amended by Ord. No. 87 -98 and 94- 40 to carry out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties, Inc. (f /d /a GAC Properties, Inc.) Applicants must reside within the subdivision known as "Golden Gate Estates." Members must reside within 1 of the 5 phases within the Golden Gate Estates area. Terms are 4 years FL STAT 125.01 Staff. Toni Mott, Supervisor, Real Property: 774 -8991 GD'ednesdati. February 2b, 2003 11 , IV- Page 2 of 2 j r NI NIOR AND UM DATE: August 1, 2003 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GG ESTATES LAND TRUST COMMITTEE Linda Hartman 794 17`h Street, N.W. Naples, FL 34120 L Thank you for your help. COMMISSION DISTRICT ( - ---rl ANC, 4 AUK X40 f Syiai "i 0}?t', MEMORANDUM DATE: August 1, 2003 TO: Toni Mott, Real Property Management Department FROM: Sue Filson, Executive Manager /� Board of County Commissione RE: Golden Gate Estates Land Trust Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Linda Hartman 794 17'b Street, N.W. Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments rte, Y F s Board of County Commissioners 3301 East Tamiami Trail RECEI EI Naples, FL 34112 (941) 774 -8097 Fax: (941) 774 -3602 fUL 2 1 209," toari4 or ..00nt ' Contrrf Application for Advisory Committees/Boards Name:--",/, cfiY�/Y1�til7 Home Phone :4; '.I `J39 Home Address: ;9+ j e6 '5r yW �Q,� Zip Code:��% /�,p Fax NO4R9:Azy__a2rBusiness Phone qua %y�r�Olj e -mail address: �/%, ., �yj� �E%j ®�QOL 'GD�'r! Business: L.,., _ �. �rl'i .e v Board or Committee Applied for: Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes V' No Do you currently hold public office? Yes No ✓ If so, what is that office? «- Do you now serve, or have you ever served, on a Collier County bo d or committee? Yes t/ No If , s, please list the committees boards: (� _��/�Sr /ri%riy rti �C 11221VCIC- Please list your community activities (civic clubs, aeigbborhood associations, etc. and positions held: %/_ /J r"t^ A' a /I. n- - Education: Experience:_ :2e_ 71f--��,Jt,% Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. ljyou wish, please fazy our application i ( Manager t o t or e +wail suefrlso collierpov net. TJronk you jor volunteering to serve the citiz of Cartier County. G LINDA HARTMAN 794 17TH STREET N.W- NApLES, FLORIDA 34120 Of 274 -5400 Fax 2745495 Home 455 -1739 Mobile 564 -8449 DOB: 11 -19-47 Florida Resident since November, 1983 doter #150535 01 =tEgailim Fersaz<el IVlzrzzager, Loan C,,Ii=, Millennia Lending Group 4210 Mezzo Pkwy. Ste_ 105, Fort wens, Fl. 33916 Edwaton degree- Marriot Hotel and Restaurant William Allen High School in Allentown, Pa_, business ement Training School. PerlQn's Restaurant Manager Management School, 'P Hirt Manag s focus on orb financial, and Institute. All mangcment tiai g P Training ted in the top 5% of the class in all training pzogra=. customer relation dolls- Gu a Husband, Rrficbaei Hartz, roamed since 1965. Two daughters and four g�randchzldren , GENIOA r' T r drv�, -I 'AW:q 7nH7. 't?'nnN Golden Gate Master Plan Vice Chair Golden Gate Fstates Area Civic Association, Treasurer Golden Gate Arca Citric Amociation Golden Gate Fire Control District Advisory Board Member Collier County Republican Executive Committee, Precinct 652 Captain Golden Gate President's Club Member Golden Gate Chamber of Commerce President Golden Gate Rotary Club, Treasurer The Concervancy of Southwest Florida Golden Gate Festival Chairman for 6 yea=s Bay Days Clean-up team captain Golden Gate Area Chamber of Commerce Secretary Golden Gate Area Chamber of Commerce BOD, 3 year term Golden Gate Area Chamber of Commerce member 10 years Golden Gate Estates Civic Association President, 1999 Golden Gate Estates Civic Association Secretary, 1998 Golden Gate Estates Civic Association member since 1992 Girl Scouts of America 422 Troop Leader Golden Crate Citizen of the year nomanee 2040 C IC07 nnun A A I T nAi'I , U It 1i -1 7 '1 rIII 1iun7-n 7 nn7 i7 n� .7 C UJ UJ 1 U. JJd l r r or m41 G l on i e c n n o i ogd cozl - i iIt -bdbn P. 1 760 7th St. S.W. Naples, FL. 34109 -2132 September 1, 2003 To: Ms. Sue Filson Fm: Charles VanGelder Re: Golden Gate Estates Land Trust Committee. Dear Ms. Filson, My apologies, for being tardy in responding to your letter of July 11, 20011 did notice the fact that my term was due to expire on October 13`h, but failed to notice that you had an August 1 deadline for receiving my response. I am however, providing an updated application along with this letter, in the event that the Board of Commissioners may wish to consider it. As your letter stated, the terms of membership on the committee are restricted to no more than two successive terms, and in that light, I no longer qualify to continue active participation on the panel. I am also aware of the difficulty that we have had in recruiting public support, in the form of community members that are willing to participate on the committee. I have enjoyed my participation on the committee and am willing to continue serving in the post. Should the Board of Commissioners wish to continue my appointment to the Golden Gate Estates Land Trust Committee, I will be pleased to continue my participation. Respectfully, Charles "Skip" VanGelder VII Y Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774 Fax: (941) 774 -3602 'A ' Application for Advisory Committees /Boards ,t/ Name: "z /' p Horne Phone Z �, - 57 J Home Address ZG G % Zip Code: y // 7- -z.1.3 Z Fax No. 1-374// Business Phone: (S1 7 ' D 77Y e-mail address: 21 O e- nc L'cic , CS .C(il•� Business:- �jLt�� .�C - -�� --� �Ir✓t 5 Board or Committee Applied for: r; lC 10'4'1 G'Ltllyi r � � Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, ctc. Are you a registered voter in Collier County: Yes__X�No Do you currently hold public office? Yes No If so, what is that office? Do you now serve, or have you ever V servedga lier C my oardGpr mLYH es �uSN Ifyes, please list the committees/boards: 7 o yr�w�r t'e Please list our com 4n unity activities (civic cl s, neighborhood asso lions etc. an positions held: L J / cS' 7 /Z — P� t /Cir %, Ct? ( Education: CIC'l Le _ �,.�C�ti�� • Experience: �? L/ e,vl L l F �-I' 1 C %-y1 G" �S ✓>ti rat r Ile e 'O_ - L. v- r-e I vj Please attach any additional infarmation you feel pertinent This application should be forwarded to Sur Filson, Executive Manager to lire Board ufCounty Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. Ifyuu wish, please faeyour application to (941)774.3602 or e -mail to uejlaea(a�collier�m, firer. 71 ank you for volunteering to serve the catzerrs of CaLb" County. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY (EZDA) AND THE IMMOKALEE CRA ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on April 4, 2007, on the Immokalee EZDA and the Immokalee CRr1 Advisory Committee. CONSIDERATIONS: The Immokalee Enterprise Zone Development Agency has 1 vacancy, expiring on April 4, 2007. This 13- member committee was created on March 28, 1995, by Ordinance 95 -22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95 -248, approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit community -based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. A list of the current membership is included in the backup. Mr. John Kirchner resigned his position on April 16, 200.3. A press release was issued and a resume were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Gary D. Holloway Business In Zone 5 Yes I Imm Area Master Plan COMMITTEE RECOMMENDATION: Gary D. Holloway FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 14, 2003 AGENDA ITFM A 21'103 f - ' Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Helene Caseltin1,K EcD, Economic Development Manager Community Redevelopment Section/Planning Services Department Date: September 26, 2003 Subject: Immokalee EZDA Appointments The Board of County Commissioners nominated the Immokalee community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95 -248, which was approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting of a broad base of : ,tizens be established. This Board has representation from the Chamber of Commerce, fmancial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit community -based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. The Committee was created through Ordinance 95 -22 as the Immokalee Enterprise Zone Development Agency (EZDA). In addition, the County Commission appointed members to the EZDA under Resolution 95 -249. At its 9/24/03 regular meeting, the Immokalee Enterprise Zone Development Agency recommended the following person for Board approval: Mr. Gary Holloway, Resource Coordinator, Immokalee Career and Service Center — Mr. Holloway will fill the position of `Business in the Zone ". If approved by the Commission for appointment, Mr. Holloway will also serve as a member of the Immokalee CRA Advisory Board. Please prepare an Executive Summary for the Board's consideration of this recommendation and notify this office if any further information or assistance is needed to initiate the process. Thank you for your help. c: Raymond Holland, EZDA Chairman Randy Cohen, Manager, Community Redevelopment Section, Planning Services Dep AGENDA ITUM Aaron Blair, Community Redevelopment Section`' r T 2002 lr � ! .1 '1 V Planning Services Department — Community Redevelopment Section ss, ph: 2391403 -2400 •. fax 2391293 -2946 0 '-' Immokalee Enterprise Zone Development Agency Work Phone Name Home Phone Appt'd DateRe -appt Ex-p. Date 2ndExpDate Term 2nd Term Mr. Fred N. Thomas, Jr. 657 -3649 04/04/95 04/04/96 1 Year 04/04/07 09/11/01 04/04/05 4 Years 1800 Farm Worker Way District: 5 Immokalee, FL 34142 District. 5 Category: Non Profit Organization Mr. Ira J. Malamut 658 -3560 03/23/99 Ms. Ann Olesky 657 -2214 10/22/02 04/04/03 5 mos 6001 Lake Trafford Road 657 -2401 10/22/02 04/04/07 4 Years Immokalee, FL 34142 District: 5 Category: Resident of Zone Mr. Ira J. Malamut 658 -3560 03/23/99 04/04/03 4 Years 11990 Wedge Drive 04/08/03 04/04/07 4 Years Ft. Myers, FL 33913 District: Category: Non -profit Organization Mr. Jerry Hubbart 658 -3505 03/23/99 04/04/03 4 Years 500 6th Avenue 675 -7738 04/08/03 04/04/07 4 Years LaBelle, FL 33935 District: Category: Business in Zone Mr. Raymond T. Holland 657 -3171 04101/97 04/04/01 4 Years P.O. Box 5324 657 -4568 09/11/01 04/04/05 4 Years Immokalee, FL 34143 District: 5 Category: Finanical Entity Ms. Cara Ayala 348 -7221 04/09/02 04/09 /05 3 Years 5720 Copper Leaf Lane 348 -8790 Naples, FL 34116 District: 3 Category: Local Business in the Zone Wednesday...-ipril 09. 2003 Page 1 of 3 . _.K4.ia a =s_1' A z� 2nd0 Immokalee Enterprise Zone Development Agency Name fork Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Floyd Crews 657 -2429 11/24/98 04/04/99 4 Months P.O. Box 5157 657 -2370 04/08/03 04/04/07 4 Years Immokalee, FL 34143 District: 5 Category: Resident/business Mr. Alan W. Neuman 481 -8020 08/05/97 04/04/99 2 Years 8453 Brittania Drive 481 -8020 04/08/03 04/04/07 4 Years Ft. Myers, FL 33912 District: 5 Category: Private Industry Council Mr. Charlie Esquivel 825 -3591 04/09/02 04/04/06 4 Years 703 Taylor Lane 368 -6827 Lehigh, FL 33936 District: Category: Local Business in the Zone Mr. H. B. (Benny) Starling, Jr. 657 -3237 06/11/02 04/04/03 10 Mos. 720 N. l 5th Street 657 -7797 Immokalee, FL 34142 District: 5 Category: Business in the Zone - B -Hive Flowers Sgt. James Mansberger 774 -4434 04/08/03 04/04/06 3 Years 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Local Law Enforcement `` .09 9.13 Mr. John Kirchner r nr�� co 8 r4 352 -8575 07/28/98 04/04/99 8 Months 3311 Golden Gate Boulevard, E. 04/08/03 04/04/07 4 Years Naples, FL 34120 District: 5 Category: Immokalee Chamber of Commerce Wednesday. April 09. 2003 .a n Page 2 oj3 ; GO -40i; ?'( C I r '; ?? Immokalee Enterprise Zone Development Agency Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Rolando E. Torres 659 -5726 04/08/03 04/04/07 4 Years 973 Chesapeake Bay Ct. 348 -9645 Naples, FL 34120 District: Category: Local Code Enforcement Ms. Denise Blanton 657 -3306 14700 Immokalee Road Immokalee, FL 34120 District. 5 Category: non - voting ex- officio member Mr. Tony Sanchez, Jr. 658 -1313 506 South First Street Immokalee, FL 34142 District: 5 Category: Business/Minority/EX OFFICIO 12/09/97 00 /00/00 unlimited 12/14/99 This 13 member committee was created on April 4, 1995, by Ord. No. 95 -22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. Initial members were appointed by Resolution No. 95 -249. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by a FL Dept. of Commerce part of the Enterprise Zone designation in Reso. No. 95 -248, app formal app for an EZ, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents, nonprofit community -based organizations, local private industry council, local code enforcement agency, and local law enforcement agency. Amended by Ord. No. 97 -81 Terms are 4 years. This committee also serves as the Immokalee Redevelopment Board. FL STAT 290.001 - 290.016 staff. Helene Caseltine, Economic Development Manager, HUI: 403 -2398 Wednesday, April 09, 2003 Page 3of3 AGENDA ITEM MEMORANDUM DATE: September 15, 2003 TO: Eiectioas Office FROM: Sue Filson, Executive Manager Board of County Commissioner RE: Voter Registration - Advisory Board Appoirit -rents The Board of County Commissioners will soon consider the following individuals for appointment W one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission distr=ict in which each applicant resides. I \,i ;I(�II �I EE E?n� C(- IXA�. ,�IISSION DISTRICT �.... Gary D. Holloway ?d; Cambridge Court im-n -Ic alee, F 34142 Thank you for your help. -ro.._ !<., r 2003 MEMORANDUM DA T E: September 15- 2003 Tn: Li<_l_nC C? �lti; };� Pocinrlmi£ C1::nmr'nt far3a�;�r ��. FROM: Sue Filson, Executive Manager vard cif C::.?rlty Corrrn._znnPrc l r i_ 1��. I11110k ak e L .ZDA As you know, we currently have a vacancy on the above - referenced advisory committee. A press release i zsuled requesting citizens Lriterested in serving on this committee to submit a resume for consideration. 1 have attached the resumes rece7lred for your review as follows: Gary D. Holloway '745 Ca- mhrid.ae Court i a ee FL -1? mn.ok�l__, i. 3'1. Please let me know, in writing, the recommendation for appointment of the advisory committee c, 411- 1 1-he I1 day tLTlle- fi7an.e, and l will prepare an executive s'c1ninan, or _he Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 4 0 ThstillC V�:•i * _.niir at;entiCzl to thL 12?att"r. SF t XLLaChmerit; AGENDA ITCIi 20013 Sep 2 2003 10:52 P.01 To, Mrs. Sue Filson From: Gary Holloway Re; lnmk;alee Enterprise Zone CC, Fax: 941- 7743602 Date: 912/2003 Pages: 2 0 Urgent For Review O pW,3se Cornaverd ❑ Please Reply 0 noose fftcyd t" IN : 4. A, the M=ok3jee Enterprise Zone. 0110wiug is an application to serve on e Filson, the f I ffil' t -Tb=k information comes out -You verY k to me as more A. E WE' ,P' 1-7 rp :i 1004 w y, lloway 5 AGENDA !T'E-M NO a 3oard of County CoMwissioners Sep 2 2003 10:52 P.02 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774 -8091 Fax: (941) 774 -3602 Page 1 of Application for Advisory,, JColmm�ittees /Boalyds Na ��' �. 1� �l' 11 Home Phone: �39J e, -5- % �7 v Code: Home Address: Fax No. 139 b5-9 3 Business Phone: �" S8 33 3 e-mail add3ress: q � Business: �- Board or Committee Applied for: �myy�v�o, le-e Category (if applicable): Example: Commission District. Developer, envlroamentallst, Iny person, etc Are you a registered voter in Collier County: Yes_ � No---- Do you currently hold public office? Yes No if so, what is that office' No if yes, Do you no- see, or have you ever served, on a Collier County board or committed' Yes r please list the committemlboards: Please list your commuuity activities (civic clubs, neighborhood associations, etc. and p ions � �� r d S-e- riYC G.1I Z.L held:' i ' a 5 _ - �- w ,w►o i'�. et 1 t omt' (AC V— It � CV C �� Educat3an - d t....• /h-nll;arcyov.net/ aovi app.utul /2003 EXECUTIVE SUMMARY ADOPT RESOLUTION TO APPROVE TRANSFER OF FLORIDA WATER SERVICES CORPORATION'S MARCO ISLAND AND MARCO SHORES UTILITY SYSTEMS TO THE CITY OF MARCO ISLAND AND TO WAIVE THE TRANSFER APPLICATION FEE, AS RECOMMENDED BY THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY OBJECTIVE: For the Board of County Commissioners to adopt the proposed resolution, thereby approving the transfer of the Marco Island and Marco Shores water and wastewater facilities from the Florida Water Services Corporation to the City of Marco Island, a Florida Municipal Corporation, and waive the transfer application fee pursuant to and as provided in the Collier County Utility Regulation Ordinance. CONSIDERATIONS: For the past several years, the City of Marco Island (City) has explored several options for the purpose of acquiring and/or controlling the privately owned water and wastewater utility system that provides water and wastewater utility service to major parts within that City. The City has performed all required due diligence regarding acquisition of the subject two (2) utility systems and has joined with Florida Water Services Corporation to file a joint application for the sale and transfer of the Marco Island and Marco Shores utility systems to the City. On September 9, 2003, the joint Application for Acknowledgement of the Sale of Florida Water Services Corporation Facilities in Collier County to the City of Marco Island was filed with the CDES Operations Department (Utility Regulation Element). The Application also requests that the transfer application fee be waived, which waiver is expressly authorized by Collier County Ordinance. Staff has reviewed the Application and has determined that the Joint Application meets the minimum filing requirements prerequisite to the formal presentation to the Collier County Water and Wastewater Authority for consideration and formulation of its recommendation to the Board of County Commissioners for a Final Decision on the merits of the Application. No public hearing is required. Pursuant to Ordinance No. 96 -6, as amended (Utility Regulation Ordinance), the sale /transfer action must be approved by the Board of County Commissioners. On September 22, 2003, at its regularly scheduled meeting, the Collier County Water and Wastewater Authority considered the Joint Application, along with the supporting record, staff's report, plus testimony from representatives of the City, from Florida Water, and from members of the public. Although the Authority acted in its capacity as the fact finder in this action, final approval of a transfer resides with the Board of County Commissioners. The Authority's resulting order (Preliminary Order No the Board's consideration. 2003 -01) and supporting documentation are provided for AGENDA ITEM N0.�::-1+ G C 3 i 4 2003 pt--L- The Authority issued Preliminary Order No. 2003 -01, and therein is recommending that the Board give Final Approval to the sale /transfer of the Marco Island and Marco Shores utility systems from Florida Water Services Corporation to the City of Marco Island, and confirming that no change to the current service area or to any current rate results from the transfer; and to waive the transfer application fee because the transferee is another governmental entity. FISCAL IMPACT: But for the subject sale, for the current year Florida Water Services Corporation (by applying last year's millage rate) would pay to Collier County approximately $737,000 in property taxes. The City of Marco Island will not pay any of these property taxes to the County. Also, after this sale, the City will not pay any Utility Regulatory Fees to the County. Staff estimates that Florida Water Services Corporation would, absent this sale to the City, pay the County approximately $311,000 in Utility Regulatory Fees for fiscal year 2004. GROWTH MANAGEMENT IMPACT: There are no growth management impacts related to this action. RECOMMENDATION: As recommended by the Collier County Water and Wastewater Authority, it is recommended that the Board of County Comm'-,loners adopt the attached Resolution to give the Board's Final Order Approval to the prc ; sed sale of the Florida Water Services Corporation's Marco Island and Marco Shores utility systems to the City of Marco Island; also to waive the otherwise applicable transfer application fee as authorized by Collier County Ordinance No. 96 -6 when the transferee is another governmental entity. PREPARED BY: _ Date: D. E. "Bleu" Wallace, Director, CDES Operations REVIEWED BY: 7D, P-1 Date: Thomas C. Palmer Assistant County Attorney APPROVED BY: Date: Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division 6 OCT 14 2003 pg- RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96 -6, AS AMENDED, APPROVING THE TRANSFER AND CONTROL OF THE MARCO ISLAND AND MARCO SHORES WATER AND WASTEWATER UTILITY FACILITIES FROM FLORIDA WATER SERVICES CORPORATION TO THE CITY OF MARCO ISLAND, FLORIDA WHEREAS, on May 20, 1997, the Board of County Commissioners (BOARD) granted Florida Water Services Corporation water and wastewater Certificates for the continued provision of water and wastewater treatment service to Marco Island and the Marco Shores service area in unincorporated Collier County; and WHEREAS, Collier County Ordinance No. 96 -6, as amended, specifies the process for utilities under rate and service regulatory jurisdiction of the Collier County Water and Wastewater Authority (AUTHORITY) to file Applications for approval of proposed transfer of water and/or wastewater certificates, facilities, or control of said facilities; and WHEREAS, on September 9, 2003, Florida Water Services Corporation (TRANSFEROR) and the City of Marco Island (TRANSFEREE) filed a Joint Application for transfer of the Marco Island and Marco Shores water and wastewater systems and requesting waiver of the application fee pursuant to Ordinance No. 96 -6, as amended; and on Monday, September 22, 2003, the AUTHORITY considered this Joint Application during its regular meeting; and WHEREAS, the AUTHORITY issued its Preliminary Order No. 2003 -01, incorporated herein as Attachment "A ", thereby recommending that this BOARD grant Final Order Approval of the applird -for transfer of the Marco Island and Marco Shores .. Utility Systems from Florida WaC Services Corporation to the City of Marco Island, with no change to any water or waste water service area, rate or tariff. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The AUTHORITY'S Preliminary Order No. 2003 -01 is affirmed and the application fee is waived. The sale and purchase is hereby APPROVED. 2. This County approval does not change any service area boundary or any rate or tariff of either utility system being sold to the City. 3. TRANSFEREE shall notify Mr. D. E. "Bleu" Wallace, Executive Director of the AUTHORITY, of the closing date of sale /transfer, and Mr. Wallace, on behalf of the BOARD, shall cancel the Certificates and deliver the cancelled Certificates to the TRANSFEREE. This Resolution is adopted this day of , 2003 after motion, second, and majority vote favoring adoption. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BY= Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form And legal su ici ncy Thomas C. Palmer, Assistant County Attorney AGENDA ITEM OiT 4 2003 ps 3 ATTACHMENT "A" PRELIMINARY ORDER NO. 2003 - 01 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY PRELIMINARY ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO SECTION 1 -19, COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, RECOMMENDING THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE APPLIED -FOR TRANSFER BY SALE AND PURCHASE OF FLORIDA WATER SERVICES CORPORATION'S MARCO ISLAND AND MARCO SHORES WATER AND WASTEWATER SYSTEMS TO THE CITY OF MARCO ISLAND, AND WAIVING THE APPLICATION FEE WHEREAS, Collier County Resolution No. 96 -104, excluded Collier County from the provisions of Chapter 367, Florida Statutes, whereby Collier County assumed certain subject matter jurisdiction over non - exempt water and wastewater utilities providing water and/or wastewater service in specified areas of unincorporated County and within the City of Marco Island, Florida; and WHEREAS, Ordinance No. 96 -6, as amended, established the Collier County Water and Wastewater Authority (AUTHORITY) with its powers and duties; and WHEREAS, on May 20, 1997, the Collier County Board of Commissioners (BOARD) adopted Resolution Nos. 97 -242, 97 -243, 97 -244, and 97 -245, thereby granting to Florida Water Services Corporation (UTILITY) Grandfather Certificate Nos. 03W, 07S, 04W, and 08S, respectively, for the Marco Island and Marco Shores water and wastewater systems, for continued provision of water and wastewater service in the specified unincorporated areas of the County and within the City of Marco Island (CITY); and WHERF , Ordinance No. 96 -6, as amended, provides a process for utilities under the AUTI1 _ UTY'S Chapter 367 jurisdiction, to file an application with the AUTHORITY for approval of a transfer by sale and purchase of water and/or wastewater certification, facilities and control; and WHEREAS, on September 9, 2003, UTILITY and CITY submitted a Joint Application, with exhibits, to the AUTHORITY, to obtain from the AUTHORITY Acknowledgement of Sale of Utility Assets of Florida Water Services Corporation (Marco Island and Marco Shores Systems) to the CITY; and WHEREAS, the Applicants have also requested a waiver of the application fee in accordance with Subsection 1- 19(c), Ordinance No. 96 -6, as amended; and WHEREAS, on Monday, September 22, 2003, the AUTHORITY considered the subject Joint Application during its regularly scheduled meeting for the purposes of considering the merits of the application submitted by the UTILITY and the CITY; and WHEREAS, having considered the application and all evidence and testimony received, the AUTHORITY has determined that the application complies with the requirements for such application set forth pursuant to Ordinance No. 96-6, as amended; and WHEREAS, Laving considered all relevant matters regarding the application, the AUTHORITY finds that no compelling reason exists to deny the applied -for transfer, sale and purchase. THIS PRELIMINARY ORDER IS ISSUED by the AUTHORITY, in public meeting assembled, pursuant to Collier County Ordinance No. 96 -6, as amended, and Supplemental Rules of the AUTHORITY, as follows: 1. The Joint Application to the AUTHORITY for the applied - ansfer by sal. e and purchase has been made in good faith. AGENDA ITEM C C ; 1 4 2003 Pg. Ll 2. CITY has sufficient resources to serve both certificated areas. 3. The UTILITY is in regulatory compliance. 4. CITY is a governmental agency as defined in the Ordinance, and no compelling reason exists upon which the AUTHORITY should recommend that the BOARD deny Final Order Approval of the applied -for transfer by sale and purchase. 5. The AUTHORITY recommends that the BOARD waive the transfer application fee pursuant to Subsection 1 -19 (c) of Ordinance No. 96-6, as amended. 6. Subject to such additional evidence and argument that may be presented to and be considered by the BOARD, the AUTHORITY recommends that the BOARD, by Final Order Approval, approve the sale and transfer of the assets and certificated water and wastewater service areas of the Marco Island System and the Marco Shores System, to TRANSFEREE, City of Marco Island. This Preliminary Order is adopted on Monday, the Zy�day of September 2003, after motion, second and majority vote in favor of adoption. Approved as to form And legal sufficiency: Thomas C. Palmer, As, ', nt County Attorney COLLIER COUNTY WATER AND WASTEWATER AUTHORITY By. Q - Zjtlz) FAY it. MILES, Chairperson AGENDA ITEM �r11 D OCT 1 4 2003 Pg. S" RUTLEDGE, ECENIA, PURNELL & HOFWMAN PROFESSIONAL ASSGCii�j ;ON ATTORNEYS AND COUNSELORS AT LAW STEPHEN A. ECENIA POST OFFICE BOX 551, 32302 -0551 RICHARD M. ELLIS 215 SOUTH MONROE STREET, SUITE 420 KENNETH A. HOFFMAN TALLAHASSEE, FLORIDA 32301 -1841 THOMAS W. KONRAD MICHAEL G. MAIDA MARTIN P MCDONNELL TELEPHONE (850) 681 -6788 TELECOPIER (850) 681 -6515 J. STEPHEN MENTON September 8, 2003 Via Overnight Delivery Mr. Bleu Wallace, Director Collier County Community Development and Environmental Services Division Collier County Business Plaza, Suite 210 3050 North Horseshoe Drive Naples, Florida 34117 R. DAVID PRESCOTT HAROLD F. X. PURNELL MARSHA E. RULE GARY R. RUTLEDGE GOVERNMENTAL CONSULTANT'S MARGARET A. MENDUM M_ LANE STEPHENS a t s!!dv g �� COMMUNITY DEVELOpMEW Re: Joint Application for Acknowledgment of Sale of Utility Assets of Florida Water Services Corporation ( "Florida Water ") to the City of Alarco Island Dear Mr. Wallace: Enclosed please find the original and ten copies of a Joint Application for Acknowledgment of the Sale of Florida Water Services Corporation Facilities in Collier County to the City of Marco Island. This Application is being submitted to the Collier County Water and Wastewater Authority (the "Authority) in accordance with the provisions of Collier County Ordinance 96 -6 and supporting Resolution 96 -103 and relates to the proposed sale of all of Florida Water's water and wastewater facilities in Collier County to the City of Marco Island. Attached to the Application are Exhibits A and B. Exhibit A is the Utility System Asset Acquisition Agreement as amended and restated. Exhibit B is a copy of the Resolution of the Marco Island City Council finding the proposed acquisition to be in the public interest I believe that the Application with the Exhibits complies with all of the requirements of the applicable Collier County regulations and provides the Authority with all of the necessary background information regarding the proposed sale- Florida Water and the City jointly request that the Application be presented to the Authority for action at the earliest possible opportunity. The parties are working diligently and cooperatively toward consummating this transaction and quick action by the Authority will facilitate a prompt closing. As set forth in the Application, the parties are requesting a waiver of the application fee since the acquiring entity is a governmental authority. As reflected by Exhibit B to the Application, the Marco Island City Council has already conducted a public hearing on the proposed acquisi inn nnd AGENDA I' No. /0 OCT 1 4 2003 Da R rrLEDGE, FCENIA, PURNELL & 110YYMAN Page 2 September 8, 2003 has found the transaction to be in the public interest. Because the acquiring parry is a governmental entity, the approval should be granted as a matter of right and there are no special noticing requirements to customers or other utilities under the County Regulatory Ordinance, the implementing resolution or state law. Please let me know if you need any additional information regarding any of the matters discussed herein. 11ank you for your cooperation in promptly setting this matter for consideration by the Authority. We look forward to working with you toward a cooperative transfer of Florida Water's utility assets in Collier County to public ownerslup. JSMJkub Enclosures cc: John Jenkins t "IIlyn Kowalsky 1 ..mas C. Palmer F:MSERSaOXANNElfw Aa Unirhndta t2L%pd Sincerely, J. ephen 4ento AGENDA ITEM No._,e�2 OCT 1 4 2003 PQ. 7 BEFORE THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY BOARD In re: Application by Florida Water Services ) Corporation for acknowledgment of sale of facilities) to the City of Marco Island and for cancellation ) of Certificates Nos. 03 -W, 04 -W, 07 -S and 08 -S. ) JOINT APPLICATION FOR ACKNOWLEDGMENT OF THE SALE OF FLORIDA WATER SERVICES CORPORATION FACILITIES IN COLLIER COUNTY TO THE CITY OF MARCO ISLAND AND REQUEST FOR EXPEDITED CONSIDERATION Florida Water Services Corporation ( "Florida Water"), in conjunction with the City of Marco Island files this Application pursuant to Section 367.071(4), Florida Statutes, and Section 1 -19(A) and (F) of Collier County Ordinance No. 96 -6 and Section 1.8 of supporting Resolution 96 -103 for acknowledgment of the sale of Florida Water's water and wastewater facilities located in Collier County (the "Collier System ") to the City of Marco Island and upon closing of the sale, for cancellation of the certificates previously issued to Florida Water by Collier County. In support of this Application, Florida Water states: L The name and address of the seller /transferor for purposes of this Application is: Florida Water Services Corporation Post Office Box 609520 Orlando, FL 32860 -9520 2. The names and addresses of Florida Water's authorized representatives, for purposes of this Application, are: KENNETH A. HOFFMAN, ESQ. J. STEPHEN MENTON, ESQ. Rutledge, Ecenia, Purnell & Hoffman, P.A. P. O. Box 551 Tallahassee, Florida 32302 (850) 681 -6788 (Telephone) (850) 681 -6515 (Telecopier) AGENDA ITEM ] No.�� OCT 1 2003 P1. - -and - - CARLYN KOWALSKY, ESQ. Vice President and General Counsel Florida Water Services Corporation P. O. Box 609520 Orlando, Florida 32860 -9520 (407) 598 -4297 (Telephone) (407) 589 -4241 (Telecopier) 3. The name and address of the purchaser for purposes of this Application is: City of Marco Island Attn: A. William Moss, City Manager 50 Bald Eagle Drive Marco Island, FL 34145 4. The City of Marco Island's Representative for this Application is: John R Jenkins, Esq. Rose, Sundstrom & Bentley, LLP 2548 Blairstone Pines Drive Tallahassee, FL 32301 (850) 877 -6555 5. Florida Water has been issued Certificate Nos. 03 -W, 04-W, 07 -S and 08 -S by Collier County related to Florida Water's water and wastewater operations in the County. In addition to the Collier System, Florida Water owns numerous other water and wastewater utility assets throughout the state that operate pursuant to certificates issued by other regulatory authorities. 6. On July 24, 2003, Florida Water signed and delivered a Utility System Asset Acquisition Agreement which contemplates the sale of the Collier System to the City of Marco Island. 7. The anticipated sale of Florida Water's assets to the City of Marco Island includes all of Florida Water's utility assets located within the County. The Agreement also contemplates that 2 ' AGENDA ra, /D GOT 4 200 the City of Palm Coast, Hernando and Osceola Counties and the Florida Governmental Utility Authority will purchase certain other Florida Water utility assets. 8. The Agreement has been amended and restated to include the City ofDeltona as an additional buyer of certain of Florida Water's utility assets. A copy of the Agreement, as amended and restated, is attached hereto and incorporated lierein as Exhibit A. 9. At a public hearing conducted pursuant to Section 180.301, Florida Statutes, on August 20, 2003, the City of Marco Island found the proposed acquisition of the Collier System to be in the public interest. A copy of the resolution adopted by the City Council confirming its determination that the acquisition of the Collier County utility assets of Florida Water is in the public interest is attached hereto as Exhibit B. 10. The City of Marco Island is a municipality created pursuant to Chapter 165, Florida Statutes. It is a governmental authority exempt from county regulation pursuant to Section 367.171(8), Florida Statutes, and subsection 1 -2 (z)2 of the Collier County Water and Wastewater Utilities Regulatory Ordinance. 11. The City of Marco Island currently provides retail service to approximately 1,100 sewer customers in the Marco Water and Service District via a bulk service agreement with Florida Water. 12. The acquisition of the Collier System will be financed through a 2003 revenue bond issue. The purchase is contingent upon the City of Marco Island's ability to issue such bonds. The City of Marco Island is in the process of arranging financing. Tle parties are working cooperatively towards a prompt closing and would request the Authority to act expeditiously on this Application in order to facilitate favorable financing arrangements. 3 1 AGENDA OCT 1 � 2003 Pg. /U 13. The City of Marco Island is a governmental authority as defined in Section 367.021(7) and Section 1.0 1(8), Florida Statutes. As such, tine concept of rate base is not applicable. 14. The City of Marco Island has engaged in extensive engineering, operations and financial due diligence concerning the Collier System The City of Marco Island's efforts have confirmed that, abscat unforeseen circumstances, the City of Marco Island will be able to acquire the Collier System, operate the Collier System and make required capital improvements to the Collier System on a financially viable basis without the need to increase rates, other than by cost indexing, for the first five years after acquisition. 15. The capital improvement plan ( "CIP ") for the next five years for the Collier System being acquired by the City of Marco Island was presented and considered at the City Council at the meeting on August 20, 2003. This CIP was reviewed by the City's consulting engineering firm _._. Montgomery Watson Harza and addresses the anticipated capital needs of the Collier System The financing for the transaction will include provision for the CIP. 16. The City of Marco Island has obtained the most recent income and expense statement, balance sheet, statement of rate base for regulatory purposes, and contributions -in- aid -of- construction applicable to the facilities to be sold, consistent with Section 367.071(4)(a), Florida Statutes. This information was obtained from Florida Water's 2002 Annual Report which was filed with this Authority and presented to the City Council of Marco Island on August 20, 2003. 17. Pursuant to the Purchase Agreement, Florida Water has provided the City of Marco Island with access to the books and records for the Collier System and these books and records for the System will be transferred to the City of Marco Island upon closing. I AGENDA ITEM 4 No D OCT 1 4 2003 pt._�L/ - 18. Florida Water will assign the customer deposits by the Collier System and all accumulated interest to the City of Marco Wand at closing in accordance with Section 9.04(A) of the Agreement and the City of Marco Island will thereupon assume liability for same. 19. All regulatory assessment fees for Florida Water through 2002 have been paid in full. Regulatory assessment fees for 2003 will be paid by Florida Water when due. 20. There are no regulatory fines or refunds owed by Florida Water with respect to the Collier System- 21- Because the transfer is to a governmental entity, the parties request that the application fee be waived pursuant to Section 1 -19(c) of Collier County Ordinance No. 96 -6. 22_ Undersigned counsel for Florida Water has conferred with counsel for the City of Marco Island and is authorized to represent that the City of Marco Island concurs with and joins in this Application. WHEREFORE, Florida Water requests that the Collier County Water and Wastewater Authority: 1. Acknowledgment of the sale of Florida Water's water and wastewater facilities as set forth in this Application; and 2. After closing of the sale to the City of Marco Island, cancel Certificate Nos. 03 -W, 04 -W, 07 -S and 08 -S. 61 AGENDA ITEM ,4- No._/ OCT 1 ` 2003 P9 . 2- Respectfully submitted, I TH A. UOFFMAN, ESQ. J. SfEPHEN MENTON, ESQ. Rutledge, Ecenia, Purnell & Hoffman, P.A. P. O. Box 551 Tallahassee, Florida 32302 (850) 681 -6788 (Telephone) (850) 681 -6515 (Telecopier) - - and - - CARLYN KOWALSKY, ESQ. Vice President and General Counsel Florida Water Services Corporation P. O. Box 609520 Orlando, Florida 32860 -9520 (407) 598 -4297 (Telephone) (407) 589 -4241 (Telecopier) Attorneys for Florida Water Services Corporation CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been famished by Federal Express Overnight Delivery this `p day of September, 2003 to: John R- Jenkins Rose, Sandstrom & Bentley, LLP 2548 BIairstone Pines Drive Tallahassee, FL 32301 Attorney for City of Marco Island Thomas C. Palmer Assistant County Attorney Collier County 3301 East Tamiami Trail Naples, FL 34112 Z Bleu Wallace Director Collier County Government Community Development and Environmental Services Division Collier County Business Plaza, Suite 210 3050 North Horseshoe Drive Naples, Florida 34117 AGENOA OCT 1 ' 2003 Ps. /-3 RESOLUTION NO. 2003- 43 A RESOLUTION FINDING THAT THE PURCHASE OF THE MARCO ISLAND/MARCO SHORES UTILITY SYSTEM FROM FLOR1DAWATER SERVICES CORPORATION IS IN THE PUBLIC. INTEREST WHEREAS, the Mango Island City Council has held an advertised public hearing. on the proposed acquisition of the Florida Water Services Corporation (FWS) Marco IslandlMarco Shores Utility System pursuant to Section 180.301, Florida Statues; and WHEREAS, the Marco Island/Marco Shores System provides water, wastewater, and reuse water to serve residential and business accounts within tho corporate limits of Mangy Island, Key Marco, isles of Capri, and Hammock Bay, and WHEREAS, the City of Marco Island adopted Ordinance No. 2003 -13 declaring an Urban service area to include property lying within the corporate boundary of the City and areas in adjacent unincorporated areas of Collier County currently served by the FWS system; and WHEREAS, City Council has been provided with and has received the most recent available income and expense statement for FINS, the most recent available balance sheet for FWS listing assets:, liabilities, amount of contributions4n- aid -of- construction, accumulated depreciation thereon and the e-dsting rate base of the utility for regulatory purposes; and WHEREAS; Gity Council has beer* provded with and has reviewed written reports arldJor- testimony concerning reports on the physical condition of the ut�ityfaciliiies to be purchased, includir written reports prepared by Montgomery Watson Harza; and WHEREAS, City Council has been provided with and has reviewed written reports andlor. testimony regarding the reasonableness of the purchase price and contract terms, including analysis provided by a team headed by Rose, Sundstrom & Bentley, dated November 1,1999; a Florida Water Services Corporation Water, Wastewater, and Reuse System Preliminary Valuation Report prepared by Pub4ic Resources Management Group, Inc. in 2002; a Marco Island and Marco Shores Water and Wastewater Due Diligence Report, prepared by Montgomery Watson Harza, dated August 2002, and the condemnation offer to purchase the FWS assets so as to demonstrate the reasonableness of the purchase price and the contract terms, including other information on the financial feasibiltTy as to the financing of #h2 proposed transaction; and WHEZ2EAS, the- impacts of the purchase on utility customers have been carefuIiy considered; and WHEREAS, engineering reports provided to and reviewed by City Council indicates additional investment will be required for the Marro Island/Marco Shares Utility System, investments which the City as purchaser is able and willing to make; and WHEREAS, City Council has carefully considered testimony of staff and the public as to the alternatives to purchase of the Marco IslandlMarco Shores Utility System and the potential impact on utility customers if the contract for purchase is not approved and the purchase not made; and AGENDA ITEM( OCT 1 4'2003 Pg. /�z WHEREAS, City Council has specifically considered the testimony of staff and the pubGcthat any alternative to the City purchase of the Marco island/Marco. Shores Utility System wail have certain negative impacts on customers that are not present in a City purchase, while going forward with the purchase provides customers with accountabilAy for rates" and service which is not present in any other attemative; and WHEREAS, City Council has also considered the testimony of staff and the public that establishes the ability of the purchaser to provide and maintain high - quality and cost effective utiPty service, in light of the knowledge and information about the system. required additional investment and ability to accomplish such', the City's experience in operating and adminiistoring a sewer utility system, and management's previous experience in administering water and sewer utility systems; and WHEREAS, fifty Council has reviewed the statements of the existing rate base of the utility for regulatory purposes; and WHEREAS, City Council has considered the foregoing and additional testimony of staff, qualified engineering, financial, and legal consultants, and the general public at the advertised public hearing held on August 20, 2003_ NOON, THEREFORE, BE IT RESOLVED BY THE MARCO ISLAND CITY COUNCIL, in council duly assembled, as follows -SECTION 'i._ The purchase of the Marco Island/Marco Shores Utility Syst:. bythe City of Marco lslannd frairi FWS is in tine public interest based on the written and oral testimony provided to City Council at the, August 2-0,2003 public hearing. SECTION 2. The financial information for the utility and the written reports and testimony presented to and considered by City Council, including the substantial information provided about the physical condition of the utility facilities being purchased, and the valuation report supports the reasonableness of the purchase contract price and terms_ The price of $85,313,143 due at closing for the Marco Island/Marco Shores systems is consistentwith the range of values contained in the valuation reports. The contractterms in Iightof the "lengthy negotiation processare also reasai3able considering all oflfie circumstances.-. SECTION 3. The positive impacts to utility customers include local management and accountability for the utility systems, improved customer service, elimination of the private company's return on equity so as to redirect funds for the utility system, improving daily operations and maintenarim through local control and ad ministration, and providing for public determination of replacement, renewal and capital improvement programs. Moreover, purchase of the system will create pos "hive impacts In financing and bonding funds for working capital and improvements through the use of tax-exempt bonds issued under the City of Marco Island's credit rating, and the integration of the existing sewer utility with the purchased Marco lslandlMarco Shores Utlity System will provide benefits for all public utility rlt�tnrrs�r� [ nral cxintrol of the Marco Island(Marco Snores LltiliW SYstern P � OCT 14 2003 iV. I /-ir planning and implementation of improvements in the system for the benefit of the people of Marco Island and adjacent areas. SECTION 4.• Additional investment will be required to improve the operations of, and service to, customers L the' Marco lsland/Maico Shores Utility System_ City Council is aware through written reports and testimony that critical capital projects vAll need to be included in the bonding that will pay for the transaction, and the City will address system improvements required to provide and maktain high - quality and cost = effective utility service. The City is vrilling to make the necessary investments in the sWtem and is able to do so based on the cash flow analysis developed and refined over the past several years of nagotiafions, which specifically considered and concluded that cash flow from current revenues would support the necessary investment in renewal, replacement, and system improvements. SECTION 5. If the City of Marco Island does not purchase the Marco Island/Marco Shores Ubliity System, the ublijrw311 either remain in private control subject only to regulatory constraints, which constraints !Taus proven over time to be costly, time - consuming, and not fully effective at guaranteeing high- quality service; or it may be sold to another public entity operated by appointed or elected officials who are not politically accountable directly to the customers of the Marco Island/Marco Shores Utility System. To the.extent such public entities might be exempt from.regulation, such disposition of the system may result in a complete loss of accountability with respect to Pates or service. in fact; uridef certain past and pending proposals forpublic ownership. potential overpayment for the system would inevitably result in not only lack of cc trol and accountability, but also in increased rates fo compensate for overpayment. SECTION G. Other testimony and information provided to City Council at the public hearing also clearly establishes that failure of the City to purchase the Marco island/Marco Shores Utility System leaves the system subject t6 control by private or other public entities with or without meaningful or legal regulatory control and subject to potential use of Marco Island[Marco Shores'Utility System revenues to subsidize other systems beyond the. borders of the City of Mare Island and Collier County_ SECTION 7. Testimony and information from the public hearing demonstrate that the City of Marco island is capable of providing high - quality cost- effact'sve service. E )Terience in utility operations, togetherwith the demonstrated financial feasibility of acquisition and routine and capital improvements projects' within the projected cash flowfrom current system revenue, strongly supports the ability of the City to provide and maintain high- quality and cost - effective utility service. SECTION 8. 'A previous contract was awarded to American Water Services by the Florida Governmental Utility Authority (FGUA) following a Request for Proposals to operate purchased F S. systerns. To the extent that the City of Marco Island chooses to exercise its rights thereu ,A o NO. /U � OCT 1 "1'2003 3>g. /6 Presented at the hearing establishes that American Water Services as a private provider operating certain FWS facilities on behalf of the City of Marco Island and subjectto management and control by the City will meet all pubic interest requirements previously set forth as applicable to the City of Marco Island as purchaser of the Marco IslandlMarco Snores Utility System_ The evidence presented at the hearing also establishes that the current management of the City and available qualified personnel to be hired will allow `in- house" operafions of the systems, and that City management and operations is in the public interest. SECTION 9. Based on the testimony and written pvidence presented and considered at the public interest hearing as stated above, City Council hereby finds and determines that the purchase of the FWS Mare Island/Marco Shores Utility System assets by the City of Marco island is in the public interest, on the basis of the reasons set forth above and reincorporated herein. Specifically, City Council finds and determines that local control of a local utility, with the accountability that comes from 'officials elected by the majority of the affected customers, advances all of the goals and objectives Qf public ownership of utility services; that the City's bonding capability, considered in view of cash flow information, establishes the long -term financial in- 01CPandence of the Marco Island/Ma= Shores Utility System; that the City has demonstrated its ability to provide new services through experienced and qualified personnel employed therein and such record clearly indicates the ability to provide and maintain high - quality cost - effective utility services. SECTION 10. Accordingly, subject to timely delivery id final review of certain exhibits and appendices fotha Utility System Asset Acquisition Agreement between the City of Margo Island and FWS, and further subject to submittal of an -application for sale to the Collier County Water and Wastewater Authority for transfer to the City as a matter of right the Marco Island City Council authorizes its City Manager to approve the final Agreement upon receipt of such additional documents and to then proceed in a timely manner -to close the transaction. Passed in open and regular session of the City Council of the City of Marco island, Florida, this 2(P day of August 2003. Attest: aura urtzan, City CI rk AGENDA ITEM OCT l � 2003 EXECUTIVE SUMMARY APPROVE DEVELOPER AGREEMENT WITH COLLIER LAND DEVELOPMENT, INC. FOR PROPORTIONATE FAIR SHARE OF COSTS ASSOCIATED WITH THE FUTURE LELY CANAL STORM WATER IMPROVEMENTS PROJECT AND OTHER STORMWATER PROJECTS ---------------------------------------------------------------------------------------------------- - - - - -- OBJECTIVE: To obtain Board approval of an Agreement between Collier Land Development, Inc. and Collier Development Corporation (collectively "Developer ") and the County for the construction of improvements to the Lely Canal area and other affiliated needed stormwater improvements. This Agreement, which is a required supplement to a Developer Contribution Agreement between the parties dated October 22, 2002, supersedes an agreement submitted as Item 16136 on the September 23, 2003 Agenda. CONSIDERATION: Developer will construct, at County's expense, the Lely Canal, utilizing either the County design or a design which it is pursuing, with the Developer paying its fair share of the costs. Should Developer fail to timely commence construction, then County shall have the right to construct the project, and will receive free access on Developer's property to do so. To effectuate this project, Developer will dedicate all rights and interests it has in :ho existing Lely Canal historically maintained by the County, calculated as 21.2 acres. Tne County will purchase from Developer 14.3 acres to widen the existing canal, and shall pay the appraised value of this acreage as of pre -PUD 1986 value of agricultural land. The County is also purchasing from Developer 13.83 acres for use as a spreader lake, at an appraised value determined as of October 23, 2002, based on pre -PUD agricultural zoning. The County will receive as an offset against this purchase 18.6 acres (3.1 acres upland, 15.5 acres wetland), representing; the spreader canal that was envisioned in the original PUD. This credit will be based on the appraised value as of the pre -PUD 1986 value of agricultural land. Payment by the County will be within three years following the conveyance, which conveyance will occur following Developer's completion of the project or County's exercise of its right to construct. Following completion of construction, the Lely Canal will be maintained by Developer at its sole cost. Developer will dedicate land needed for drainage improvement and shall construct the Avalon School outfall canal and Fern Street Relief System, with the County reimbursing Developer for the dedicated property based on an appraised value based upon the pre - PUD 1986 value of agricultural land. Developer will also dedicate 12.3 acres of land for a spreader lake and canal improvements for the Lely Manor Canal. The spreader lake is approximately 9.68 acres and the canal improvements are approximately 2.52 acres. For the spreader lake, the County will pay Developer at an appraised value determined as of October3; based on pre -PUD agricultural zoning. For the canal improvements, the County will pay Developer at the appraised value as of the pre -PUD 1986 value of agricultural land. The County shall receive free access to the canal for maintenance of any portion of the canal not maintained by Developer. In the event of a dispute, the County's Alternative Dispute Resolution Procedures shall be utilized. FISCAL IMPACT: The participation of the developer in the cost of the needed improvements will have a beneficial impact on the County GROWTH MANAGEMENT: This project is consistent with the Long Range Transportation Plan and the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the developer agreement for the Lely ACa� al area improvements with conditions. Jeffs A.I�kow, Asses nt ounty Attorney Review d and��pprpve by: ^ lu 1, i Norman Feder, Transportation Administrator 2 Date: a U(J? Date: U �. 2",--03 COMPANION AGREEMENT TO THE OCTOBER 22, 2002 DEVELOPER CONTRIBUTION AGREEMENT REGARDING THE LELY AREA SURFACE WATER DRAINAGE IMPROVEMENTS THIS COMPANION AGREEMENT is made and entered into this day of September, 2003, by and between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as "Developer "), and Collier Development Corporation, a Florida corporation ( "hereinafter referred to as "CDC "), which, along with their respective successors and assigns, may be jointly referred to as "CDC/Developer," and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter referred to as "County ") RECITALS: WHEREAS. CDC/Developer owns approximately 2,416 acres of real property located in unincorporated Collier County, Florida which is the site of the CDC Planned Unit Development ( "CDC PUD "), which was approved by Collier County on November 10, 1986, in PUD Ordinance 86 -77: and WHEREAS, PUD Ordinance 86 -77 - ranted to CDC/Developer certain development rights and required CDC/Developer to undertake certain obligations in return for the developmental approvals; which obligations included the dedication of land to the County and the construction by CDC/Developer of certain roadway and surface water management improvements; and WHEREAS, CDC/Developer entered into a Standard Form Developer Contribution Agreement For Road Impact Fee Credits with Collier County on October 22, 2002 (hereinafter referred to as "Contribution Agreement"): and 0 WHEREAS, the Contribution Agreement required that within 270 days from October 22, 2002, CDC/Developer and Collier County would enter into a "companion agreement" to insure equitable payment or credit to CDC/Developer for drainage improvements constructed or donated by CDC/Developer and to insure that CDC/Developer pays for its fair share of the costs of the stormwater facilities, and drainage improvements known as Lely Area Stormwater Improvement Project (hereinafter the LASIP Project "), as set forth to in the Memorandum of Understanding attached as Exhibit "B -6" to the Contribution Agreement; and WHEREAS, County and CDC/Developer, in furtherance of the public health, safety, and welfare, desire to commence the planning and construction of the LASIP Project prior to the County's final consideration of the CDC PUD amendment application and further desire to define CDC/Developer's obligations with regard to contributions of land for, and construction of, certain portions of the LASIP Project and to specify the amount and timing of reimbursements or credits CDC/Developer shall be entitled to as a result of its land donations for, and construction of its portion of the LASIP Project; and WHEREAS, the LASIP Project does not anticipate or take into consideration or accommodate receiving additional discharge from developmental activity within the CDC PUD beyond pre - development historical flows; and WHEREAS, the County and CDC/Developer acknowledge and agree that the valuation of the eligible anticipated construction to the County's Lely Project storm water drainage improvements will be based upon professional opinions of the total project's estimated probable costs certified by a professional enginee., which valuation for the County's budgetary purposes must be provided to the County no later than March 1" of the calendar year prior to the year that CDC/Developer breaks ground under Paragraph 4 below and CDC /Developer shall update l t�L the probable cost estimate and provide it to the County prior to commencement of construction; and WHEREAS, the Collier County engineer has recommended to the Board of County Commissioners that the proposed plan for CDC/Developer's dedication of land and contributions for the LASIP Project shall be in conformity with the County Stormwater Management Element in its Growth Management Plan and are in furtherance of the public's health, safety and welfare; and WHEREAS, CDC/Developer acknowledges and agrees that it has full capacity, power and authority to cause the construction or installation of the subject portions of the LASIP Project, or shall post a bond therefore, and thereafter execute any and all documentation necessary to convey the contributions or land donations to the County in conformance with the County's standards, procedures, ordinances, and regulations; and WHEREAS, this Agreement shall not limit or affect the County's authority to make any determination the County may choose regarding the future CDC PUD amendment application, and this Agreement shall not be construed or characterized as a "development agreement" under the Florida Local Government Development Agreement Act; and WHEREAS, CDC /Developer is currently authorized to develop only that 83 acre portion of the CDC PUD land which is the subject of a amended Preliminary Development Agreement ( "PDA ") dated May 16, 2002, as amended by an Agreement dated May 28, 2003, both of which were entered into by and between the Florida Department of Community Affairs and CDC/Developer; and any additional development beyond the site specified in the PDA must be authorized by Collier County after its consideration of CDC/Developer's application to amend the CDC PUD ordinance. WHEREAS, the parties acknowledge that the County desires to expedite the LASIP Project's completion and that there are costs associated with both the delay of the LASIP Project and the County's pursuit of construction permits from the regulatory agencies involved. W ITNESSETH: NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and other good and valuable consideration previously exchanged between the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. A map generally depicting the components of the LASIP Project is marked Composite Exhibit "A" and attached hereto. Collier County has prepared a design plan for the LASIP Project improvements, including the Lely Canal. County has filed and is pursuing final approval (Permit Application No. 980828 -1) of a permit from the South Florida Water Management District for the LASIP improvements (hereinafter referred to as the " LASIP Permit "). 3. CDC/Developer desires to construct the Lely Canal following a meandered, non- linear canal design to improve water quality, and to improve the visual aesthetics of the Canal (hereinafter Modified Drainage Design) which differs from the County's proposed design for the LASIP Permit application. CDC/Developer shall file an application for the Modified Drainage Design with the S.F.W.M.D. as soon as practical, but no later than July 1, 2004. 4. CDC/Developer shall begin construction of either the LASIP Project or the Modified Drainage Design within two (2) years from the issuance of the LASIP Permit. The ,d two -year time period for CDC/Developer's commencement of construction of the Modified Drainage Design shall be extended up to a maximum of nine (9) months, if CDC/Developer has applied for, and is pursuing in good faith, a SFWMD permit for approval of the Modified Drainage Design. If CDC/Developer fails to timely begin construction of the Modified Drainage Design or the LASIP Project, upon written notice to CDC/Developer, Collier County shall have the exclusive right to construct the LASIP Project and CDC/Developer shall provide all necessary access to the County on CDC/Developer's property, without cost, to enable the County to construct the LASIP Project. 5. Regarding the Lely Canal: A. If constructed under the Modified Drainage Design, the Lely Canal shall be designed at a minimum to accommodate the same water flow criteria as approved in the LASIP Project, plus any additional flow beyond CL'- development historical flows contributed by on -site development within the CDC PUD. For either the Modified Drainage Design or the LASIP Project, all costs now and forever arising from any additional flow beyond pre- development historical flows contributed by on -site development within the CDC PUD, including but not limited to expansion or modification of the Modified Drainage Design or the LASIP Project, shall be borne solely by CDC/Developer. B. For either the Modified Drainage Design or the LASIP Project, CDC/DeveIoper must complete the canal construction within one year from breaking ground. 6 At i C. For either the Modified Drainage Design or the LASIP Project, following completion of construction by either party, CDC/Developer shall, at its sole cost, be responsible for the ongoing maintenance of the Lely Canal. D. If constructed pursuant to the Modified Drainage Design, CDC/Developer shall receive all mitigation credit for the enhancements to the Canal beyond the LASIP Project. If CDC/Developer obtains grant funding for the improved water quality design of the Lely Canal, the grant funds shall be shared, with the County entitled to receive only that percentage of the grant funds which equals the percentage of the grant funds attributable to, or awarded for the LASIP Project design, including the spreader lake, and CDC/Developer receiving that percentage of the grant funds awarded for the Modified Drainage Design to be permitted by the S.F.W.M.D. E. CDC/Developer shall dedicate and convey, at no cost to the County, all rights and interests it has to the existing Lely Canal that historically has been maintained by Collier County. A graphic rendering of this area is shown as "Lely Canal (Existing Conditions)," attached hereto as part of Exhibit B, calculated therein at 21.2 acres. All references to acreage herein, including this reference, are estimates only, with a final determination of actual acreage to be determined in a customary manner by the County. F. CDC/Developer shall dedicate and convey to County an additional 143 acres for the Lely Canal, representing the area of the widening of the existing canal. A graphic rendering of this area is shown as "Lely Canal (Per 1985 Master Plan)," attached hereto as part of Exhibit B__ County—shall pay F i 6 �'� CDC/Developer the appraised fair market value for the 14.3 acres and the land valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRI/PUD land. G. The current LASIP Project design for the Lely Canal substitutes a spreader lake in place of a spreader water way. A graphic rendering of the spreader lake is shown on "Lely Canal (Per LASIP Design)," attached hereto as part of Exhibit B. This spreader lake is approximately 13.87 acres. CDC/Developer shall dedicate and convey to Collier County this additional 13.87 acres. Collier County shall pay CDC/Developer the appraised fair market value of these 13.87 acres, and the appraised valuation shall be determined as of October 23, 2002, when the County and CDC/Developer entered into the Contribution Agreement, with the valuation based on pre -PUD Agricultural zoning \s an offset to this purchase price, the County will be credited for 18.6 acres (3.1 acres upland, 15.5 acres wetland) of the 26 -acre spreader waterway canal. A graphic rendering of this area is shown as "Lely Canal (Per 1985 Master Plan)," attached hereto as part of Exhibit B. This credit will be based upon an appraisal, and valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRI/PUD land, considering the spreader canal's land characteristics as either wetland or upland. H. Payment to CDC/Developer for all of the conveyances set forth shall be made by the County within three years of the date that the land is dedicated to Collier County by CDC /Developer and accepted by the County. I. The County shall reimburse CDC/Developer for the County's proportionate share of the costs of the design, permitting and construction of the LASIP Project based upon the method or mechanism selected by Collier County for the calculation of the proportionate fair share allocation for property owners in the LASIP Project area. The proportionate share of costs may be based upon gross acreage, taxable value, front footage or some other equitable method adopted by the County. County shall reimburse CDC/Developer for the County's share of the costs of the Project within sixty (60) days of final completion and acceptance of the Project. J. All land dedications referenced above shall be conveyed to the County at the earlier of C the final completion and acceptance of the Modified Drainage Design or LASIP Project, or (2) upon the County exercising its right to construct the LASIP Project under Paragraph 4 herein, within thirty (30) days of written request by the County. 6. So long as CDC/Developer is engaged in the construction of the Lely Canal by either design, County shall not refuse to process applications for site plan approvals, building permits, certificates of occupancy for commercial use or other County permits for development within the 83 acre CDC 2003 PDA area. Within the larger amended CDC PUD project area, no certificates of occupancy shall be authorized or issued by the County until all associated improvements to the Lely Canal by either design specified in Paragraph 4, above, have been constructed by CDC/Developer and approved by the County; except that when consistent with the amended CDC PUD, the Collier County Land Development Code and all other Collier g County Laws and Ordinances, and provided that there are adequate public facilities capacity available, Certificates of Occupancy shall be approved by the County for the following development: commercial buildings, sales centers, model homes, and a golf course, including a golf club house and golf maintenance facilities. 7. Regarding the Avalon School Outfall Canal and Fern Street Relief System: A. The Avalon School Outfall Canal and Fern Street Relief System are depicted on the attached plan marked as Exhibit D. B. CDC/Developer will dedicate land needed for the drainage improvements, and shall construct, the Avalon School outfall canal and Fern Street Relief System as graphically, and approximately depicted in Exhibit D attached hereto and incorporated herein. C. The Cc y shall reimburse CDC/Developer for the value of the dedications for which the County is responsible for payment within three (3) years of the date the real property is accepted by the County and shall be valued based upon an appraisal, and valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRI/PUD land. 8. ReLardin-, the Lely Manor Canal: A. County is currently seeking permits from the South Florida Water Management Plan. B. The County will obtain permits and construct the Lely Manor Canal at its own costs and may proceed with construction of the Lely Manor Canal in advance of CDC/Developer's filing an application for amendment -of -the. CDC PUD. �v a 9 CDC/Developer shall provide the County with access to the Lely Manor Canal for maintenance purposes. C. CDC/Developer shall dedicate and convey to the County approximately 12.3 acres of land for the spreader lake and canal improvements. A graphic rendering of this area is shown as "Lely Manor Canal (Per LASIP Design)," attached hereto as part of Exhibit C. The spreader lake is approximately 9.68 acres, and the canal improvements are approximately 2.52 acres. With respect to the spreader lake, Collier County shall pay CDC/Developer the appraised fair market value of these 9.68 acres, and the appraised valuation shall be determined as of October 23, 2002, when the County and CDC/Developer entered into the Contribution Agreement, with the valuation based on pre -PUD Agricultural zonincy. With respect to the canal improveme CDC/Developer shall; dedicate and convey to the County a strip of land between 15 feet and 35 feet wide of CDC /Developer's land along the Lely Manor Canal. Of the 35 foot wide strip of land, t5 feet is required for the canal and 20 feet is needed for the County's maintenance of the Lely Manor Canal. If CDC/Developer dedicates and conveys less than a 35 foot strip along any portion of the Lely Manor Canal ( "CDC/Developer Portion "), CDC/Developer will maintain at CDC/Developer's sole cost the CDC/Developer Portion, and will also provide access to the County (at no cost to the County) for maintenance of the portion of the Lely Manor Canal not maintained by CDC /Developer. At County's request, the parties will enter into a Maintenance Agreement setting forth these terms. Collier County shall pay CDC /Developer the appraised fair market value for this 2.52 -acre -strip and the 10 ¢ � 1r land valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRI/PUD land. D. The County shall reimburse CDC/Developer for the land dedicated to the County for the Lely Manor Canal dedications within three (3) years of the date that the land is dedicated by CDC/Developer. All ]a-.id dedications referenced herein shall be conveyed to the County after receipt of all necessary permits and within thirty (30) days of written request by the County. 9. The considerations and commitments in this Agreement relate to the LASIP improvements within the boundaries of the CDC PUD, and these considerations shall be understood and interpreted to relate to those LASIP improvements that are deemed appropriate and authorized by the permits to be issued by the South Florida Water Management District and the U.;; i mny Corps of Engineers. 10. Regarding contributions of construction or installation of improvements, the value of CDC /Developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual costs of construction or installation of improvements contributed by CDC/Developer, but in any event not to exceed twenty (20%) above the estimated probable costs of such improvement. 11. In the event of a dispute, the County's Alternative Dispute Resolution Procedure shall be utilized. 12. All conveyances set forth herein shall be in fee simple to the County by warranty deed. With respect to such conveyances, the County shall be responsible for paying the costs of any title work and searches, and CDC/Developer shall be responsible at its costs for promptly removing or curing anv liens, encumbrances or deficiencies revealed in any title work. t' I This Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by the successors in interest. 14. The burdens of this Agreement shall be binding upon, and benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 15. Either party to this Agreement shall have the ability file an action, including an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement after submission to the County's Alternative Dispute Resolution process, said remedy being cumulative with any and all other remedies available to the parties for legal enforcement of this Agreement. 16. This Agreement shall be recorded by the County in the official records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman of the Board of County Commissioners, executes this Agreement. A copy of thi: recorded document will be provided to CDC/Developer. END OF PAGE .� r DONE AND ORDERED this day of , 2003. DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEG hL AFFACIENCY: ASSISTANT COUNTY ATTORNEY WITNESSES: , (Signature) (Print full name) (SiVaaturT 7B,1R. Crim (Print full name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING Chairman s (1fF \Rf;y P. K1412�0W COLLIER LAND DEVELOPMENT, INC. B v �- JEFFREY M. Vice President STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was executed before me this day of , 2003, by Jeffrey Birr, Vice President of Collier Land Development, Inc. �— Notary Public Name cL C-e' L _ c� Certificate No. My Commission expires 0 S WITNESSES: �.� [ (Signature _ (Print full name) (Signature) � R.Crim (Print full name) STATE OF FLORIDA COUNTY OF COLLIER +P`�T� NANCY LYNN HALL ± � MY COMMISSION# DD 031397 for fro! EXPIRES: June 2i, 2005 i- 8063NOTARY FL Notary Sw"M d B0rArV. !nc. COLLIER DEVELOPMENT CORPORATION By: JEFFREY M. BIRR ice President The foregoing Agreement ��as executed before me thiscdav of 2003, by Jeffrey Birr, Vice President of Collier Development Corporation Notar Public I Fi8CO-3-NOTARv "k NANCY LYNN HALL Name) V\. �, C 1 MY COMMISSION # DD 03:39? Certificate No. IEXPIRES: June 2,• 2005 FL Notary Service 3 8on�Lng, Inc. My Commission expires_ (off ��4 14 � t 43- C) 0 FT1 C) 0 FTI �U < > FTI > O z X 0 00 c: 17 n F- U) 0 z Z, , lee"" 1(1�, OCT 1� D 0< Z -T) Fri FTI 17 x X il: U) cjj 0 M Z r— CD —< ---A C) 0 Z U) > � F- 10 CO i � 4b vl 0 C T ZE - *4 7,'t 0 F F- > u '.-0 0 < > Tm ! ---� r-- �D— 07- rTlI FIl co FT1 > 00 (Ji UT3 17 M _u F- OCT (Aiom >1 �:o CD L. Fil X m Fri < C/) 09 Z,l �, WAR Wit (-) F O >1 CO 0 < Dr 7 17 X X cn Fri C) 0 � =1 0 0 z I . > ji C) 0 Tl — C) coll ou r- - I i Oc- iry C) 0 Frl > CD O > CD 0 FT I lZl < > Fri 1 O 0 IT m (T) TJ FTI C—) ri F- =0 C/) 50 L I4*�It'.'� 4F- a. ill W II II 16 i Ed A JI {� �(� 0 F- n ow ITI 0 Fri ac _/ z am 0 0 F- : %.; { 2- 3 EXECUTIVE SUMMARY CONSIDER A TOURIST DEVELOPMENT CATEGORY "A" BEACH RENOURISHMENT / MAINTENANCE FUNDING POLICY AS RECOMMENDED BY THE COASTAL ADVISORY COMMITTEE AND THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: To forward a Tourist Development Category "A" funding policy recommended by the Coastal Advisory Committee (CAC) and Tourist Development Council (TDC). CONSIDERATIONS: On May 27, 2003, and again on June 10, 2003, the Board of County Commissioners (BCC) directed that a Tourist Development Category "A" funding policy be developed by the CAC and the TDC. The direction included basing the policy on public beach access. The CAC designated one member to draft a policy. The CAC met on August 12, 2003, to review and re -draft the proposed policy. The TDC then established a Sub - Committee to review the CAC proposed policy. The Sub - Committee met on August 21, 2003, and with a few changes, recommended the proposed policy. On September 11, 2003, the CAC amended their recommendation to include both the changes made by TDC Sub - Committee and some additional language. On September 23, 2003, the TDC recommended the adoption of the proposed policy. Recognizing the detail of the proposed policy, the policy will be presented by a member of the CAC. STAFF ANALYSIS: As the Board reviews the proposed policy, there are several items that need to be noted: The proposed policy expands which beaches are eligible for funding beyond current practices. As a result, more projects would be eligible for renourishment funding. The 1995/1996 renourishment of Vanderbilt, Park Shore and Naples beaches (TDC funding only) placed sand on 5.6 miles of beach. The proposed policy prescribes funding with TDC funds beach renourishment for 9.5 miles of Vanderbilt, Pelican Bay, Park Shore and Naples beaches. Measuring half a mile from hotels, closing gaps in eligible areas, and the potential designation of a "vital area subject to abnormal erosion," cause a significant increase to the length of beach eligible for 100% TDC funding. The proposed policy does not enhance the County's ability to leverage State and Federal funding. Both the state and federal governments have beach renourishment funding assistance programs. If the state and federal governments public beach access criteria were met, and a funded project approved, the federal government would fund 65% of the cost and the state would fund 17.5% (50% of the non - federal share), leaving only 17.5% for TDC funding as the local share. As an example of the potential impact of leveraging state and federal funding for two renourishment projects currently planned (Vanderbilt, Pelican Bay, Park Share and Naples; and AGE (TEM / P, OCT 1 4 2003 PG. / South Marco), currently estimated to cost a total of $19 million, the local share would be only $3.325 million, yielding an estimated cost savings to the TDC of over $15 million. The center portion of Vanderbilt beach, most of Pelican Bay beach, a portion of Park Shore beach (between Clam Pass Park and Horizon Way), portions of the southern end of Naples beach as well as the area just to the south of Doctors Pass, all of Hideaway beach and portions of Marco Island beach do not meet the state and federal public access criteria. Since not all of these beaches fully meet the access criteria, and no federal projects have been established, it is estimated that the local share for the renourishment of these beaches will be at least $12.5 million, as the state is estimated to fund no more than $6.5 million of the cost. Beach access funding requirements of the Growth Management Plan are not addressed. The proposed policy does not address the Conservation and Coastal Management Element of the Collier County Growth Management Plan (GMP) that requires beach access to be acquired as part of the renourishment project (given that access was determined to be insufficient by the BCC on May 27, 2003). The GMP does not specify the source of funding. The cost estimate for acquiring beach access could far outweigh the cost estimate of the beach renourishment project. For example, the renourishment of Vanderbilt Beach is estimated to cost $2.2 million, while the cost to acquire beach access is estimated at $9 million. Emergency reserve funding is not provided. The proposed policy does not address maintaining an emergency reserve to recover from a storm. It is estimated that $4 -6 million would be needed to recover the main beaches after a significant storm. Dredging is not addressed. Sand bypassing, or inlet dredging, is not addressed in the proposed policy. Bypassing sand with the intent of renourishing a beach will typically cost less than dredging for navigation purposes and placing the sand on the beach. Attempting emergency dredging for navigation or dredging interior channels rather than the more cost - efficient method for beach renourishment could cost significantly more and could raise questions concerning the appropriateness of using TDC funds. No incentive for "low use" beaches to request more than the minimum. Hideaway Beach may be the only "low use" beach in the County depending on how the public street access and "vital area subject to abnormal erosion" clauses are interpreted. A "low use" beach would qualify for 100% TDC funding for "renourishment sufficient to provide minimum shoreline protection for a projected period of five years." It would seem that the interested parties would ask for that minimum project with 100% TDC funding to occur approximately every five years, so there would be no need to calculate a cost - share. However, a project has been designed for Hideaway Beach with an eight -year life. The project includes permanent structures along with sand fill. There are a number of ways to estimate the difference between the "eight -year project" estimate and the "five -year project" estimate and the proposed policy does not provide any guidance on how to perform these calculations. FISCAL IMPACT: The annual anticipated revenues for TDC Category "A" are $6 million; the Fiscal Year 2003/2004 budget is $19.1 million. (The 10 -year plan has set aside funding over the past years in anticipation of major renourishment requirements exceeding annual revenue.) Fiscal Year 2003/2004 TDC Category "A" grant applications total $34 million, including $12 million for acquiring beach access (projects worth $6.5 million of the $34 million have been approved). Therefore, if the proposed policy is approved, there will be no funds available for beach access development other than the Vanderbilt Parking Garage (which was previously approved by the Board). If access were aligned with State and Federal requirements, an estimated $15.7 million could be leveraged for renourishment from these sources. GROWTH MANAGEMENT IMPACT: The Growth Management Plan Conservation and Coastal Management Element, Section 10.2 states "The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition." That section further states, "Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project." RECOMMENDATION: None. ��,, %- SUBMITTED BY Date: ] o J o; Jack Wert, Tourism Direc r REVIEWED BY: i Date: on Hovell, P.E., Special Projects Manager ^ REVIEWED BY: Date: JD Ytr hn Dunnuc)k, Public Se Ice Administrator APPROVED BY: Gc/ Date 3 /" ayhes W. DeLony, P.E., PAblic Utilities Administrator AGE A ITEM rio. D C, OCT 1 4 2003 PG. 3 [PROPOSED] BEACH FUNDING POLICY AS RECOMMENDED BY CAC SEPTEMBER 11, 2003 Reference is made to the Report on Funding Policy for Beaches of Collier County prepared by the Collier County Coastal Advisory Committee on August 12, 2003 and the TDC Sub- committee on August 21, 2003. 1. Use of funds. The use of Category `A' Tourist Development Tax Funds for beach renourishment, to the extent described below, shall precede the acquisition of additional beach access, based on the voters' intent in establishing the category `A' funding and the need for beach access being dependent on an acceptable standard of shoreline beach. 2. Source of funds. Federal or State funds are desirable and should be diligently pursued but are a supplement to, not a basis for, category `A' funding, due to the unpredictable availability, amount and timing of such funding. 3. Eligibility. Eligible beach areas qualify for category `A' funding. An "eligible beach area" has: a. At least one public access point from a public street; and b. Is no more than one -half mile from a beach park facility, public access point, hotel, motel or is a vital area subject to abnormal erosion as recognized by the Coastal Advisory Committee, provided that if at least 80% of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. 4. Level of use. Eligible beach areas are classified according to use. a. "High use" is an eligible beach area within one -half mile of a hotel, motel, designated public parking or public shuttle drop -off point. b. "Low use" is an eligible beach area outside the limits for high use, provided that if at least 80% of a beach area is classified as high use, low use gaps will be deemed high use. 5. Level of service. Eligible beach areas qualify for category `A' funding based on use. a. An eligible low use beach area qualifies for "minimum maintenance," meaning renourishment sufficient to provide minimum shoreline protection for a projected period of five years, including maintenance, monitoring and testing on a periodic basis as needed. b. An eligible high use beach area qualifies for full renourishment, meaning additional renourishment intended to enhance beach width for recreational or other public purpose. c. Additional Category `A' funding may be provided for eligible low use beach areas for renourishment in addition to minimum maintenance, provided that at least 60% of the incremental cost is funded by private or other non - County sources. 6. Additional uses. The use of category `A' funding for the acquisition and development of additional beach access with category `A' funding is encouraged provided category ` ' remain after implementation of this policy. Ho "`EEO" ITE OCT 1 4 2003 PG. �i 7. Grant Application Review. The Coastal Advisory Committee, in interpreting Ordinance 2001 -03, will prepare and maintain a proposed annual spending plan for the use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed plan will be submitted to the BCC for their consideration and approval, via the TDC. This submission will coincide with the annual Collier County budget cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax Category "A" funds and make recommendations for approval, denial or modification to the BCC, via the TDC, consistent with the BCC established policy for use of these funds. EPG. TE� NO OCT 2003 EXECUTIVE SUMMARY REPORT TO THE BOARD REGARDING THE MANAGEMENT OF COUNTY CONTRACTS OBJECTIVE: To provide the Board of County Commissioners and the public with an overview of the County's contract management process, including the procedures associated with reviewing and approving changes to agreements. CONSIDERATIONS: Under the County's purchasing policy, all contracts in excess of $25,000 are approved by the Board of County Commissioners. The same policy requires any changes to such agreements that exceed 10 percent of the Board - approved amount or $10,000, whichever is greater, to be subsequently approved by the Board. In follow up to a previous request of the Board, staff is hereby submitting a report regarding the management of contracts with particular attention to the procedures and practices regarding the review and approval of changes to those agreements. The full report will be presented to the Board in public session and will include information addressing the objectives and processes associated with each of the following phases of the contracting process: 1. Vendor Selection 2. Contract Development 3. Contract Implementation 4. Contract Management and Oversight FISCAL IMPACT: There is no direct fiscal impact associated with the delivery and presentation of this report. GROWTH MANAGEMENT IMPACT: There is no direct growth management impact associated with the delivery and presentation of this report. RECOMMENDATION: That the Board of County Commissioners accept the staff report concerning the management of County contracts and provide staff with appropriate direction upon hearing and discussing the report. SUBMITTED BY: • Date: f Steve Carnell, Purchasing /General Services Director REVIEWED BY: RAt,,O— Date: IU >31 Len Goldc6h Price, Administrative Services Administrator AGENDA IEM No. �0 1 0 C T 1 4 2003 Pg. —I- EXECUTIVE SUMMARY SEEK BOARD APPROVAL TO INSTALL PERMANENT MEDIAN OPENING IMPROVEMENTS AT PALM DRIVE AND HARRISON ROAD AND TERYL ROAD AT AN ESTIMATED COST OF $67,000. --------------------------------------------------------------------------------------------------- - - - - -- OBJECTIVE: To obtain Board approval to install permanent median opening improvements at Harrison Road and Palm Drive consistent with the restriction of northbound left turns onto Harrison Road into the Government Center and eastbound left turns out of Harrison heading north on Palm Drive. These movements were restricted previously by the Board (December 3, 2002) using flex stakes and painted islands but there have been compliance problems due to the ease of going around it. This item was additionally discussed at the Government Facilities Workshop and the installation of more permanent devices was the preferred direction at that time. In addition, this project includes the closing of the first median opening south of Harrison at the northernmost Sunrise entrance (see the attached graphic) and reconstructing the full median opening at Teryl Road to a westbound to southbound directional median opening. Upon completion, these improvements will restrict certain turning movements in the corridor, resulting in increased safety, better traffic flow, and a reduction of negative impacts to the neighborhood caused by cut - through traffic and U- �,� turning traffic. CONSIDERATION: Motorists have regularly used Palm Drive as a short cut out to and from Davis Boulevard to avoid Airport Pulling Road and Davis Boulevard particularly during the AM and PM peak hours. As a result of this and the proposed expansion of the Government Facilities, in 2002 Collier County Transportation installed traffic devices called flex- stakes at the intersection of Palm Drive and Harrison Drive to limit access to the rear entrance of the Government Center. The flex- stakes., along with accompanying traffic signs, were placed to prohibit two left turns at the intersection: from northbound Palm Drive to westbound Harrison Road (into the Government Center), and eastbound Harrison Road to northbound Palm Drive (out of the Government Center). While the flex- stakes and signage have limited these left turn movements, Transportation staff and local residents have witnessed numerous vehicles going around the flex - stakes and making illegal left turns. It is proposed that permanent curb islands and grass medians features be installed to alleviate the current problems with illegal traffic movements and unsafe u -turns. In addition, the full median opening at the northernmost Sunrise entrance will be closed and the Teryl Road median will be reconstructed to a westbound to southbound directional directional median opening. This item has been discussed with neighborhood representatives at several instances to help in determining the needed improvements. Vehicles making these u -turns and left turns often impede traffic flow by blocking the travel lanes and causing a safety hazard. There are multiple other entrances to Sunrise that will still be accessible slightly further to the south. 7 ��7• �� _' 'j 7'65-0 . FISCAL IMPACT: The estimated cost of installing these features is $67,000 including (� contingency costs. This will be funded by Transportation supported Gas Tax. The source of the funds are Gas Taxes. GROWTH MANAGEMENT: The suggested improvements are consistent with the growth management provisions for safe egress and ingress through the access management procedures and the various traffic calming objectives outlined in the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Transportation Department's proposal to install the permanent improvements at Palm Drive and Harrison Road and Teryl Road. Prepaxi. by: I� (� Donald Scott Director, Transportation Planning Date: tokk-i Reviewed and Approved by: Date: � S ip Camp, Director, Facilities Management Review and ved by: r Date: to d C I Ndnr#n Feder, TranIvortation Administrator m , v v f z "' dY frc ax _ P.X -eta. ;.cr..y• ,�?uC 4 'a a ?`:` � 1 a.��6r F i •1. �. 77, rAl-7 +j • 4 zap f :-q 1 a , Y.k* , t Y '�• �t ' rFll�' •+ � t�! , Yµ _ a ��rrrr� ,1=wiiwr e " Yz ' � f Q Y � it LIZ Iz- 9 y 7 r t Jy� Al Ap N i t .✓,. �t" a t e. w it � �",�, °:is ;.`�, ��• J, i_ TL-IA+ . . it t Y � • E It..y :�`a.�.e ,�s;• �/�.� Yom, �,'k �" 3 f s - d � x• . y i �.} r- �.a.r T Its tt r Y EXECUTIVE SUMMARY REPORT AND RATIFY STAFF - APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD - APPROVED CONTRACTS OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC - approved contracts of 10 percent or less to continue to be authorized by staff. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Orders Report. This report covers period beginning on or about August 16, 2003 through October 1, 2003. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders. 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O y J L O U 3 C' 00 y L O N a) d ~ 7 a) O co CD 0 J = t7 0 0 . r CL i0 °m y m U c C [O a) `y U U N D 0 0 E m a 0, c y m 2 £ vy E o F- y` D _ °' o o m ci L y U y r C Z T h c m LU LS.I M ay N O U O d O O oai O _d CyUUt7 = O O O O@ A oe N p a u7 U a' W N N F- O U O C LU Nm > a Q (M co lO L y N 0 c m co Lo w c v`ti m 0 m GL O a m rn m o co "0 w 0 o w fA cyo U a o R 6 Y w w V Y N Vl U p =3 -0 w Vi C d D p� v? @ O a a) y C ar iy 3 o > ao c o O a c0 v n O a7 V } C £ L Q ccp y C Y L > (d N L .0 o U N of f0 > 7 a) E L O L O 6 U O c O` C C O y O �E rn .x F— m N aai m y = 3 o W O C 3 — U l0 H c o o v o L c o o m a cc C c cc a °- w U) U C H a 0 U 0 y �o ao > v o v a 0 m c E c c =° .� d 0 w m y a cno c m m m U a) w w F- — c o aci 0 2 FL- .LO. 1- v FL- !L- FL-- y O N R ti r O L p (n O O d N Z U N f0 .0 aE co m 0 o D �' m y o o y > W o) a o E v w a• y c c m a o d$ 0 m 0 ri 3 m a _ 0 E rl I s m o �0 N 3 m v O m cz Z = Q C? co Z y � C Z 0 0 y> N> Z O 0 N C > O N > > 3 m�°O M ci am°r0 m r�'U°O N N N N C r N O Ih O CL d £ 2 ° OCT 14 2003 cn `o M co 0 0 N m .a E Q N y 3 3 Q m C m U > r N d m dl �' i C � QO CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Supervisor Of Elections PROJECT #: 520010 BID /RFP #: 02 -3487 MODIFICATION #: 1 CONTRACT AMOUNT: ORIGINAL $ 605,182.00 CURRENT $612,383.55 CURRENT COMPLETION DATE(S): ORIGINAL: 8/18/03 CURRENT: 8/23/03 Last BCC Approved Amount $605,182.00 Date of Last BCC Approval4 /22/03 Agenda Item # 16 E 4 SUMMARY OF PROPOSED CHANGE(S): Electrical, Structural, and Fire Protection upgrades. JUSTIFICATION FOR CHANGE(S): Necessary to bring building up to code and ADA Compliant PARTIES CONTACTED REGARDING THE CHANGE: Victor Latavish, Jennifer Edwards, & Jack Crognale. Principal Project Manager IMPLEMENTATION STEPS (Verify each before proceeding with change) _Y_ Proposed change is consistent with the scope of the existing agreement _Y_ Proposed change is in fact an addition or deletion to the existing scope _Y Change is b §-ii lemented in a manner consistent with the existing agreement Y_ The approl5riat6 pa ; ies have be consulted regarding the change _Y Propose prices, fees and costs forth in the change are reasonable PROJEC MANAG RE OMkAEYDATION: APPR E. / Date: J DISAPPROVE: Date: COMMENTS: - 5/13/03 L ,1cwn OCT i 4 ZU: .Y 5 CONTRACT MODIFICATION CHECKLIST FORM PROJECT: Collier County Fleet PROJECT #: 00000 BID /RFP #: 02 -3422 MODIFICATION #: 4 CONTRACT AMOUNT: ORIGINAL $ 500,000.00 CURRENT $528,900.00 CURRENT COMPLETION DATE(S): ORIGINAL: 1/1/05 CURRENT: 111/05 Last BCC Approved Amount $_500,000.00 Date of Last BCC Approval 2/25/03 Agenda Item # 16 E 3 SUMMARY OF PROPOSED CHANGE(S):Additional Services to provide Collier Area Transit (CAT) space and site requirement programming and project site and adjacent land parcel research. JUSTIFICATION FOR CHANGE(S): To provide space for the purposed Bus Site PARTIES CONTACTED REGARDING THE CHANGE: Len Price & Skip Camp IMPLEMENTATION STEPS (Verify each before proceeding with change) YProposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Date: S D 3 DISAPP 0 E: Date: COMMENTS: 5/13/03 oz. ou 2W3 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Livingston Road Phase 4 PROJECT #: 65041 BID /RFP #: 02 -3364 MODIFICATION #: C.O. # 7 NAME OF FIRM: Bonness. Inc. CONTRACT AMOUNT: ORIGINAL $ 6,008,521.88 CURRENT $6274,446.99 CURRENT COMPLETION DATE(S): ORIGINAL: October 23, 2003 UMMARY OF PROPOSED CHANGE(S): CURRENT: November 13, 2003 IFICATION FOR CHANGE(S): See Attached Sheets PARTIES CONTACTED REGARDING THE CHANGE: Lynn Thorpe P.E.- Principal Project Manager, Eddie Martin -TECM Field Project Manager. Dale Bathon P E Principal Design Project Manager Scott Gordon -HDR Project Engineer. Walt Gilcher P.E. -Hole Montes Phil Cross -HDR Office Engineer IIVjPLEMENTATION STEPS (Check each before proceeding with change) c Proposed change is consistent with the scope of the existing agreement Proposed change is not included in the existing scope :/Change is being implemented in a manner consistent with the existing agreement ZProposed prices, fees and/or costs set forth in the change are reasonable L-e appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPROVE:i Date: zs o 3 DISAPPR E: Date: COMMENTS: I: Forms /County Forms /Purchasing Forms /Check List 4/12/03 IL 3, CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: W PROJECT"': (� S BID /RFP n: MODI 1CATiON CONTRACT AMOUNT: ORIGINAL S.�r CURRENTS J CURRENT COMPLETION DATE(S): ORIGINAL: ��e G �- �'> CURRENT: Last I3CC Approved A:ncun:t Date of Last BCC Approval vzf.jf l +-�z 14 ZS /Ct� LSnAnrin iiom : ri SUMMARY OF PROPOSED CHANG—E(S): Y s= C�iA- C� �( Ccid c JUSTIFiCA T iON FOR PAgTIES C"FACTED F.cGARD-ING THE IlCH / G : Ei� Jn Cs— llc�% C�. c�cl 1 Ii 'JiPLEIV1ENT A TiO N S TEPS (Veri- each before proceeding with change) roposed change is consistent with the scope of' the existing agreement p6sed change is in Tact al i addition or deleiicn io ti le Existing scope l.flang2 is being implemented in a manner consistent with the e^-i - ?g a� �Omcfit � I rle appropriate parties have been consulted regarding the change O Osed Prices, ie=S -and Costs Set forth in the c..ange are reasona�ie PROJECT iut n,. �=a c z ;rEn,n APPROVE: DISAPPROVE: COMMENT S: 5/13/03D QIC. Date: C ;1 K03 4. CHANGE ORDER JUSTIFICATION CHANGE ORDER NO. 2 PROJECT #: 67051- US 41 North Phase II Beauti ication CONTRACT NO. 02 -3365 MODIFICATION #: 2- REDUCTION IN CONTRACT AMOUNT /INCREA,SE TO LINE ITEM IMPROVEMENTS GENERAL CONTRACT AMOUNT: ORIGINAL: S253.925.84 CURRENT: S231.925.84 CURRENT COMPLETION DATES: ORIGINAL: OCTOBER 29 2003 CURRENT: OCTOBER 29. 2003 LAST BCC APPROVED AMOUNT: S253,925.8A DATE n� n ^T c�rr nr- on�rnl . ��ool /n 4Y 25, 2003 1 ITEM t: A6 OF r1.7 uvu 5P Rwvr.�. ( c:3RUA JA%.3 Clv V/y 11 `L IYI - 1 0 SUMMARY OF PROPOSED CHANGES: 1. REMOVE BALANCE E OF THE I IMP ITFNA 27 Amn zt22 FOR El ECTR!CAL % //ORK FROM THE CONTRACT TO THE LINE ITEM IMPROVEMENTS GENERAL TO BE USED FOR METER IMPACT FEES. a. LINE ITEM 122 AND "22 ORIGINAL $22,00.0- REDUCED BY $12,900 !N-CHANGE ORDER #1 FOR ELECTRICAL WORK TO BE DONE BY ANNUAL CONTRACTOR. b. REDUCE THE BALANCE $9,100 TO IMPROVEMENTS GENERAL TO BE USED FOR IMPACT FEEQ FOR ,nE:TER S. 2. IMPACT FEE AND TAPPING FEES FOR 2 METERS IS $20,686.00. a. IMPROVEMENTS GENERAL BALANCE IS $8,886.10 +$9,100=$17,986.10. 3. AT ACHED -PELICAN BAY BUDGET AMMENDMENT ADDING $2,700.00 TO THE PROJECT UNDER IMPROVEMENTS GENERAL. JUST!FICATIO N FOR CHANGES: 1. COST SAVINGS BY USiNG THE ANNUAL CONTRACTOR - $9,100.00 2. THE PROJECT COST ESTIMATE WAS $288,000 AND THE LOW BID AMOUNT WAS $253925.84. THE i MiE T ER COST S WERE IIVI LODE! 1 IN THE ESTIIVIA T E BUT NOT IN THE BID. THE PROJECT WAS OPEN 'vViTH $253,925.84 IN THE PROJECT LEAVING NO ADDITIONAL MONEY FOR METERS OR CONTINGENCY PARTIES CONTACTED REGARDING THE CHANGE: PAMELA L ULICH, GLORIA HERRARA, JEAN SMITH, HEATHER SWEET, JACQUELINE JOHNSON, BOB PETERSEN, AND MIKE MCGEE IMPLEMENT ATION STEPS: Proposed change is consistent with the scope of the existing agreement Proposed chance is in faci an addition er de!etior, to the existing scope Change is being implemented in a manner consistent with the existing agreement The appiGprlaic i )cs i(ave bee;1 consulted regarding the change Proposed prices, fees, and costs set forth in tf = change are reasonable PROJECT MANAGER-RECOMMENDATION: APPROVED1 /_ DATE: / Z( —CVO? DISSAPPROVE: COMMENTS: DATE: OCT t', x,33 01 a• 15:54 COLLIER CO PRK r . eie CONTRACT MODIFICATION -CHECKLIST FORM A rJ nl EX PROJECT #: LLE PROJECT NAME: _ P #. - /;MOD #: � • AMOUNT OF THIS CHANGE BIDIRF �� ,,.. 3 j! 117 D y CURRENT 6 CONTRACT AMOUNT: ORIGINAL ING POINT) ' (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval `� ��`�_' ��- Agenda Item # 10k Percentage of the than ®e overlunder current contract.amount, Formula: (Current Amount'/ Last BCC approved amo6nt) -1 Results and Actions: If the change exceeds 10% BGC approval is required; under 1 i?% reported to BCC on Purchasing report. CURRENT COMPLETION. D`ATEA; ORIGINAL: 01/OT rdARY OF PROPOSED C . NC o .r7 " CURRENT: 1 , ySv r L ffv? ,6^k sv�-re rLA s ' . - JUSTIFIC P3T 19N F r OR CHANGE(S): �'��7��r �� J r-► — 2t`MOd /"" i 4-ft 132 5 l4 At:�_- 1�5 H)C 'T?� cu , - t/A/Dc ✓M'� Co,✓D l r 3 all 7& —r �- wr Y� -t�/✓� . PAR TI ES CONTACTED REGARDI NG, THE. CHANGE: IMPLEMENTATION STEPS (Verify•each-before proceeding with change using Y, N. or NIA) Proposed change is.consistent with the scope of the existing agreement Proposed change Is In fact an add(tlon or deletion to the existing scope Change is being implemented in a manner consistent with tiie existing. agreement The appropriate parties heive`be @n consulted regarding -the change . Proposed prices, fees and costs set forth In the change are reasonable PROJECT MANAGE RECOMMENDATION: APPROVE: rT7 4y Date: '- itSAPPROVE' Date: - COMMENTS: . � � + � � •s Lvui to P eviaed 7=03 - ?. CONTRACT MODIFICATION CHECKLIST FORM l PROJECT NAME: PROJECT BIDIRFP #: �� IOD #: AMOUNT OF THIS CHANGE $ � ?r6 A� PC) #- 14 12 7�� CONTRACT AMOUNT: ORIGINAL $ rj f� CURRENT $ {STARnNG y jMCLUCI NG TH CHANGE ORDER) Last BCC Approved Amount $ ( ZS (`/, /G . (LAST TOTAL AMT. REQUrRiNG BCD APPROVAL) Date of Last BCC Approval 14 'ef.& 2-21 Agenda Item # Percentage of the change overlunder current contract amount % Formula: (Current Amount / Las< BCC approved amount) -1 Results and Actions: If the change exceeds 10% BCC approval is required; under I08/o reported tc on Pur&,,asing report. CURRENT COMPLETION DATE(S): ORIGINAL: CURRENT: SUMMARY OF ROPOSED CHANGE(S): � l JUSTIFICATION FOR CHANGE(S): REGARDINGTHE CHANGE: </ IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Proposed change is consistent with the scope of the existing agreement oposed change is in fact an addition or deletion to the existing scope _,--Change is being implemented in a manner consistent with the existing agreement Z appropriate parties have been consulted regarding the change lamed prices, fees and costs set forth in the change are reasonable APPROVE:AZ�M'JC DAYTON: Q Date: Z� DISAPPROVE: Date: COMMENTS: Rc-v-ised 7,12.2-JO-31 " Lo`- r. i 1 2903 k CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Building L 1(th Floor Renovations PROJECT #: 52001 BID /RFP #: 02 -3349 WO VC- 02 -05MOD #: 1 AMOUNT OF THIS CHANGE $5,822.26 PO #:4500008330 CONTRACT AMOUNT: ORIGINAL $ 172,795.00 CURRENT $178,617.26 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $172,795.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval3 /11/03 Agenda Item # 16 E 6 Percentage of the change over /under current contract amount 3% Formula: (Current Amount / Last BCC approved amount) -1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report_ CURRENT COMPLETION DATE (S): ORIGINAL: 07130/03 CURRENT:8 /10 /03 SUMMARY OF PROPOSED CHANGE (s Signage, Fire alarm update, repair firewall, install fire damper, r e ►..�i C ��k ) JUSTIFICATION FOR CHANGE (S):' Ia Mee, -# cs�c_e��► PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes Jack Crognaie. Skip Camp, Steve f Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Y Proposed change is consistent with the scope of the existing agreement _Y_ Proposed change is in fact an addition or deletion to the existing -scope _Y_ Change is being implemented in a manner consistent with the existing agreement _Y_ The appropriate parties have been consulted regarding the change _Y_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANJ GEEt RECOMMENDATION: / APPROVE: Date: DISAPPRO Date: COMME . T l+'+ i j1 LvdJ Revised 8/22/03 1 r?- 9. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Lakeland Avenue Bridge PROJECT #: 66042 BID /RFP #: 03 -3492 MODIFICATION #: C.O. # 1 NAME OF FIRM: Thomas Marine CONTRACT AMOUNT: ORIGINAL $ 1,592,715.30 CURRENT $1,600,362.50 CURRENT COMPLETION DATE(S): ORIGINAL: December 25, 2003 SUMMARY OF PROPOSED CHANGE(S): CURRENT: December 25, 2003 i i c r-b,it h. h17 m e v^ t.JG._s .vc t r%7 . ,;>A—C -t) _r- < i _1 u0 M rec. I is 44 ail .} _1i;.s./ 6e s q" JUSTIFICATION FOR CHANGE(S): To comply to South Florida water Management Regulations and avoid a conflict with the new bridge construction. PARTIES CONTACTED REGARDING THE CHANGE: Lynn Thorpe P.E.- Principal Proiect Manager, Eddie Martin -TECM Field Proiect Manager,John Rowell -HDR Project Engineer, Walt Gilcher P.E_ -Hole Montes, Phil Cross -HDR Office Engineer IMPLEMENTATION STEPS (Check each before proceeding with change) Proposed change is consistent with the scope of the existing agreement Proposed change is not included in the existing scope .Change is being implemented in a manner consistent with the existing agreement roposed prices, fees and /or costs set forth in the change are reasonable _ The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPROVE: ? ,,\ Date: 8 IZO03 DISAPPROV . Date: COMMENTS: I: Forms /County Forms /Purchasing Forms /Check List 4/12/03 2003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: LivingstonRoad III PROJECT #: 62071 BID /RFP #: PO# 207487 Q _ 34! 31 MODIFICATION #: 9 CONTRACT AMOUNT: ORIGINAL $ 18 899 386.08 CURRENT CURRENT COMPLETION DATE(S): ORIGINAL: November 30 2004 CURRENT: November 30 2004 Last BCC Approved Amount $ 19 189 590.24 Date of Last BCC Approval April 22, 2003 Agenda Item # 1662 SUMMARY OF PROPOSED CHANGE(S): Install 24" force main and steel casing across north side of the new Livingston Road to save time and money on this construction under the Vanderbilt Beach Road construction proiect JUSTIFICATION FOR CHANGE(S): This change was requested by public utilities enaineerina department. This will allow installation of this 24" force main in the limits of the Livingston road project and the Vanderbilt Beach Road extension project will not have to disturb the area already completed under the Livingston 111 proiect PARTIES CONTACTED REGARDING THE CHANGE: Aim Engineering, Better Roads Inc., Lynn Thorpe, Ron Dillard (PUED) IMPLEMENTATION STEPS (Verify each before proceeding with change) _X_ Proposed change is consistent with the scope of the existing agreement _X_ Proposed change is in fact an addition or deletion to the existing scope _X Change is being implemented in a manner consistent with the existing agreement _X_ The appropriate parties have been consulted regarding the change _X_ Proposed prices, fees and costs set forth in the change are reasonable o. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Port au Prince Utility Replacement Project PROJECT #: 73060 &70074 BID /RFP #: 02 -3367 MODIFICATION #: 3 NAME OF FIRM: _ Douglas N. Higgins. Inc. CONTRACT AMOUNT: ORIGINAL $985.620 CURRENT: $983.288.4 CURRENT COMPLETION DATE(S): ORIGINAL: February 26, 2003 CURRENT: May 17, 2003 SUMMARY OF PROPOSED CHANGE(S): The paved shoulders in the original bid were changed to concrete sidewalks. JUSTIFICATION FOR CHANGE(S): This change was made based on a request by Transportation Operations (see attached) PARTIES CONTACTED REGARDING THE CHANGE: Dan Hall, Transportation Operations, Tom Hicks -D.N. Higgins Craig Pajer - Wilson Miller IMPLEMENTATION STEPS (Check each before proceeding with change) X Proposed change is consistent with the scope of the existing agreement X Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change PROJECT M NAGER RECOMMENDATION: i APPROVE: `1 Date: q 0 S� i DISAPPROVE: Date: COMMENTS: I: Forms /County Forms /Purchasing Forms /Check List 3/04/03 II, I2, CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: 4Y�y wr /� /��, Asti ��t g 5,�.a��%f� PROJECT #: G GG BID /RFP #: 6 73 - 35)fMOD #: I AMOUNT OF THIS CHANGE $ lG�; PO #: Work Order #: CONTRACT AMOUNT: ORIGINAL $ .� �'9, 37G. �5` CURRENT $ 5`1 cl. .z-6Y. aT Last BCC Approved Amount $ (STARTING POINT) (INCLUDING TfflS CHANGE ORDER) (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval_ -" Y St 3 7C7, 2- Agenda item # / &L3 Percentage of the change over /under current contract amount Formula: (Current Amount / Last BCC approved amount) -i Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: T SUMMARY OF PROPOSED CHANGE (S): T ( #/& 5: -j-c) A-> n t6,e-'5-, i- -r �F 0 r-e C 0 t4, F Guir '.- T A A-e-v) b'Le JUSTIFICATION FOR CHANGE (S): 70 PARTIES CONTACTED REGARDING THE CHANGE: z PF- _ L yh" % d.cryc_ ?,e IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) yProposed change is consistent with the scope of the existing agreement k' Proposed change is in fact an addition or deletion to the existing scope -X- Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change 7I Proposed prices; fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: �- Date: L v3 DISAPPR O E: / Date: -- -1 COMMENTS: Revised 8/22/03 o CL \\ 9\ ¥& 'D \ kg co 'a § / \ � / � g § § >2 3z X30-. c 7 / 0 (§ [ % « 8 - a7 § }�3 k� � :3 E m» » _ m\ cn M § f/ % /} ~ wG \ 2 EE ƒ % �3~ 2 CD -0 { \ \} 3 o 0. OM \7k C-) Z CD fA e o ( »m2 >e co 22\ �O (\ / eM& m _ - 9 \k CD co 2 CD CL m o » M q cD ) CD to \ k m §a 9 C 5§ ; S a k � § \ k ƒ § ® 6 ° m 7 \ to /3 ) \ §/ j §� § - »� oo= C. �zk \\ w CD CL CD e'Njf �� CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Oxidation Ditches Improvements PROJECT #: 73251 BID /RFP #: 02 -3345 MODIFICATION #: 01 -01 NAME OF FIRM: D.N. Higgins, Inc. CONTRACT AMOUNT: ORIGINAL: $483,955.00 CURRENT: $482,906.06 CURRENT COMPLETION DATE(S): PROJECT SUBSTANTIAL: ORIGINAL: 1/15/03 CURRENT: 1/15/03 PROJECT FINAL: ORIGINAL: 2/28!03 CURRENT: 5/15/03 SUMMARY OF PROPOSED CHANGE(S): 1. Bid Items 2 (Handrail Mounted Splash Shields) and 3 (Wall Mounted Splash Shields): Adjust the bid quantities to the final installed quantity of handrail- mounted and wall - mounted splash shields. 2. Bid Item 4 (Allowance for additional electrical and structural work): The Allowance was intended to include the cost for the four docking platforms at Oxidation Ditches No. 1 and 2 and any electrical and structural work not shown on the bid documents. The following lists the Allowance items in the order in which they appear in the D.N. Higgins final pay application and Bid Allowance documentation. a. Almar Metals four docking stations b. Mechanical handrail parts c. Building Permit Fee d. Heavy Duty Roller /Fairlead e. Additional Aluminum Signs f. Blue Star West Corp — Concrete Ditch 3 g. United Rentals Backhoe Rental h. Allied Steel — Dock installation Ditches 1 and 2 i. Tnemec Paint j. UPS Submittal Costs k. IAP — Material to finish Docking stations on Ditches 1 and 2 I. United Rentals — Mortar Mixer for Docking stations on Ditch 1 and 2 m. Paints and Coatings — Fiberglass turned over to the County n. Brinker Brown — Equipment for Docking stations 1 and 2 o. Labor Installation on Ditches 1 and 2 p. Handrail Material q. Labor - Cable Attachment on Ditches 1 and 2 r. Grout under Docking stations Ditches 1 and 2 s. Dispose of removed handrail t. Additional Signs installed u. Wall Bracket Modification v. Install Sump Grating - w. Reinstall Handrail Posts on 4 docking stations, Ditches 1 and 2 x. Underrun for additional splash shields W:\2002\2002099\J14 Pay Requests \Contract Mod Checklist.doc " 4 290 0 JUSTIFICATION FOR CHANGE(S): 1. The first set of splash shields was installed before the start -up of the floating aerators. After start -up of the equipment, more splash shields were required to contain the splash. The total quantity installed was less than the bid quantity. 2. This project design and bid were fast tracked to allow Substantial Completion before season starting January 2003. As a result, the bid documents provided an Allowance to cover certain construction details. a. Almar Metals four docking stations: The docking stations for Ditches 1 and 2 were not included in Bid Items 1 -3 due to fast track nature of the project. b. Mechanical handrail parts: Used in installing docking stations on Ditches 1 and 2 intended to be included in the Allowance funds due to the fast track nature of the project. c. Building Permit Fee: The building permit fee was paid by the Contractor due to the fast track nature of the project. d. Heavy Duty Roller /Fairlead: Heavier duty Fairlead selected to carry high load on aerators due to potentially high velocity in the channels. e. Additional Aluminum Signs: Additional warning signs required at the docking stations on Ditches 1 and 2 to prevent to aerator from being attached to the docking stations when the Ditches are drained periodically. f. Blue Star West Corp — Concrete Ditch 3: Oxidation Ditch #3 did not have an existing footer to connect the mooring cable, which was not determined until after construction commenced due to the fast track nature of the project. g. United Rentals Backhoe Rental: The backhoe was used to install a culvert in a construction driveway so that the driveway could remain after construction at the request of the County. The culvert pipe was provided by the County. h. Allied Steel — Dock installation Ditches 1 and 2: Used in installing docking stations on Ditches 1 and 2 intended to be included in the Allowance funds due to the fast track nature of the project. i. Tnemec Paint: Yellow paint for safety purposes at all steps installed at the docking stations. j. UPS Submittal Costs: The UPS charges are transmissions between the Contractor and the supplier, Almar Metals responsible for supplying the docking stations. Most items were rushed in response to the fast track nature of the project. k. IAP — Material to finish Docking stations on Ditches 1 and 2: Used in installing docking stations on Ditches 1 and 2 intended to be included in the Allowance funds due to the fast track nature of the project. I. United Rentals — Mortar Mixer for Docking stations on Ditch 1 and 2: Used in installing docking stations on Ditches 1 and 2 intended to be included in the Allowance funds due to the fast track nature of the project. m. Paints and Coatings — Fiberglass turned over to the County: Excess splash shield material available for future use by the County. n. Brinker Brown — Equipment for Docking stations 1 and 2: Used in installing docking stations on Ditches 1 and 2 intended to be included in the Allowance funds due to the fast track nature of the project. o. Labor Installation on Ditches 1 and 2: Installation of docking stations on Ditches 1, and 2 intended to be included in the Allowance funds due to the fast track nature of the project. WA2002\2002099U14 Pay Requests \Contract Mod Checklist.doc QC f p. Handrail Material: Used in installing docking stations on Ditches 1 and 2 intended to be included in the Allowance funds due to the fast track nature of the project. q. Labor - Cable Attachment on Ditches 1 and 2: Installation of docking stations on Ditches 1 and 2 intended to be included in the Allowance funds due to the fast track nature of the project. r. Grout under Docking stations Ditches 1 and 2: Used in installing docking -stations on Ditches 1 and 2 intended to be included in the Allowance funds due to the fast track nature of the project. s. Dispose of removed handrail: Handrail removed during the installation of the docking stations on Ditches 1 and 2. t. Additional Signs installed: Installation of additional warning signs from Item e. u. Wall Bracket Modification: The modification was made before construction commenced and provided additional bracing to the splash shields. v. Install Sump Grating: Additional grating was installed over the sump area at Ditch #3 as an additional safety measure. w. Reinstall Handrail Posts on 4 docking stations, Ditches 1 and 2: Labor intended to be included in the Allowance funds due to the fast track nature of the project. x. Underrun for additional splash shields: After the final installation of splash shields, the remaining funds in Bid Item 3 were returned to the Allowance and shown as a refund. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. — NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IMPLEMENTATION STEPS (Check each before proceeding with change) L/ Proposed change is consistent with the scope of the existing agreement Proposed change is not included in the existing scope �i Change is being implemented in a manner consistent with the existing agreement Z Proposed prices, fees and/or costs set forth in the change are reasonable /The appropriate parties have been consulted regarding the change ✓Consulting Engineer has verified the change, proposal and pricing and has determined them to be necessary, fair and reasonable. CONSULTING 7;w- DO ENDATION: RECOMMEND: NOT RECOMMEND: PROJECT MANAGER RECOMMENDATION: APPROVE: R S'jl "' -f DISAPPROVE: COMMENTS: W:\2002\2002099U14 Pay Requests \Contract Mod Checklist.doc Date: 9 Z Date: Date: / (� Date: C f i y 2003 EXECUTIVE SUMMARY CHILDREN'S MUSEUM THE CHILD MUSEUM OPMENT OF A CHILDREN'S PROPOSED PARTNERHIP WITH APPROVE P' 1NC• FOR THE DEVE OF NORTH NAPLES REGIONAL PARK AT Opportunities educational and recreational fitexpe, ership PP provide additional P Obl- -- e—=Ve TO ional Park through a g °vernment —non p at North Naples Reg les Regional of North acres in the far northwestern corner ent was eliminated early in Considerations; TWO planned ark were originally targeted for a ropes course, but this have also been P to its expense. No recreational elem n the are ark�ently p the planning process due or this area. Plans for ahands -on interpretive area elsewhere f h value engineering- scaled down through g The Children's Museum of Naples, Inc. is a private non - profit institution founded in May fission of providing an exciting, inspiring environmMuseumlo Naples is 2002 with the m and their families play, learn, and ere lease thehabove-mentioned two acres for a nominal proposing a partnership in which they ren's museum fee and develop a 20,000- square -foot building which lerwlise responsible dfor the building The Children's Museum of Naples will pay and b and associated infrastructure. in question is Staff finds the proposal a good fit for the bus parking; ther element in conveniently located near a park entrance and sufficient the park, such as the playground and dig area, will make the park a destination for families; the proposed museum would provide some elements that have had to be eliminated as cost - saving measures. Progression of the cevelopment of the park will not be affected by the proposed partnership. The Parks and Recreation Advisory Board unanimously approved this partnership in concept on September 17, 2003. Fiscal Impact: No fiscal impact is associated with this action. Growth Management impact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners on apprve the for the abov proposed partnership in concept, and direct staff to be in negotiations mentioned parcel. 1 Submitted by: erations Coor inator manda O. Townsend, Op Parks and Recreation Department Agenda- No OCT 1 4 7003 Pg.-- Reviewed by' Approved by: 1141 aria 0. Ramsey, nd Recr t parks John Dun f Publ Division o Date: n` Da te. <� �_ -- i 4003 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS WAIVE TRIAL COURT COSTS IN THE AMOUNT OF $1,43331 IN THE CASE OF VANDERBILT SHORES CONDOMINIUM ASSOCIATION, INC., ET AL., V. COLLIER COUNTY, CASE NO. 01- 5080 -CA, NOW PENDING IN THE SECOND DISTRICT COURT OF APPEAL (OTHERWISE KNOWN AS THE `BELLAGIO GRANDE" CASE). OBJECTIVE: For the Board of County Commissioners to waive trial court costs in the amount of $1,433.31 in the case of Vanderbilt Shores Condominium Association, Inc., et al., v. Collier County, Case No. 01- 5080 -CA, now pending in the Second District Court of Appeal (otherwise known as the `Bellagio Grande" case). CONSIDERATIONS: On February 25, 2003, the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, entered judgment in favor of the County in the case of Vanderbilt Shores Condominium Association, Inc., et al., v. Collier County, Case No. 01- 5080 -CA, sometimes referred to as the `Bellagio Grande" case. While the County is not entitled to recover its attorneys fees as a result of this favorable ruling, under Florida law it is entitled to recover certain specifically identified costs. While the sum may be subject to some dispute, at this time the County has filed a motion to recover $1,433.31 in such trial court costs. The reason for the Board to consider a waiver of pursuing these costs at this time are threefold. First, the fees of the County's counsel in this case, Ted Tripp, are not subject to recovery. For Mr. Tripp or his associate to travel from Fort Myers to argue this cost motion could cost the County as much as $500.00- $750.00 in unrecoverable attorneys fees. In addition, it is always possible that some of the costs the County is currently claiming will be subject to dispute. Finally, this case may be distinguished from a case where a party has sued the County to recover money damages. In this instance, as the Board is aware, the parties who brought suit against the County are various condominium and other associations that dispute, albeit erroneously, the particular application of the County's Land Development Code. With that said, the Board should also be aware that the losing plaintiffs have appealed the judgment entered in favor of the County by the Circuit Court. Assuming the County prevails in the appeal, however, Mr. Tripp estimates additional costs that could be taxed against the plaintiffs will be negligible or zero. The Board should also note that this matter was discussed by Mr. Tripp with the Board on or about February 11, 2003 (see attached). At that time, the question of recovery of costs was broached but no final decision was made by the Board. Subsequently, when it became apparent that the losing plaintiffs would appeal, Mr. Tripp, out of an abundance of caution, filed the motion to recover our trial court costs. FISCAL IMPACT: Fiscal impact to the County in waiving the costs in question will be small. We will lose the opportunity to recover up to $1,433.31. By the same token, we will not incur the additional attorney's fees associated with counsel's time and preparation to argue the motion before the trial court. GROWTH MANAGEMENT IMPACT: There is no growth management impact with the action recommended by this Executive Summary. RECOMMENDATION: That the Board approve a waiver of the pursuit of trial court costs in the amount of $1,433.31 in the case of Vanderbilt Shores Condominium Association, Inc., et al. v. Collier County. PREPARED DATE: /D i AGENDA M Michael W. Pettit, Chief Assistant County Attorney NO. T, r APPROVE G✓ 1 Q % QCT 14 2�3 /1 DATE: / (� ft. i �7✓ David C. Weigel, County Attorney February 11, 2003 The consensus of the board members? COMMISSIONER FIALA: Fine with me. CHAIRMAN HENNING: We'll proceed, but we are going to have some concerns about that Tropicana. MR. MUDD: Yes, sir. That's all I have, sir. CHAIRMAN HENNING: Thank you. Item #1513 Mr. Weigel? MR. WEIGEL: Thank you. Well, we have one item that's just come to our attention, and that is Commissioners, you're aware that we've been in trial this week with the lawsuit filed against the county by Vanderbilt Shores Association and other associations, and our counsel in trial are back and have a report to you about the trial. Representing the county was attorney Ted Tripp, with the firm Garvin and Tripp, assisted by Mike Pettit, our senior litigation attorney from our office. MR. TRIPP: We have just concluded the trial. The judge has granted a motion which we filed on behalf of Collier County to dismiss the plaintiffs' case for failure to establish a prima facie basis for relief. Our argument to the court was, and I think that the law supports, a finding that the Collier County staff interpreted the land development code in a reasonable fashion in applying the setback require ents to construction of the 15 -unit condominium. It as our position as a matter of law that plaintiffs were not able to show that that decision was unreasonable, and the judge has granted our motion for directed verdict. So the case was concluded favorably to Collier County without the requirement that _e. )11LOM�- A ENDA IT NO. Page 207 OCT 14 2003 Pg. dt February 11, 2003 witnesses or evidence in defense. I should tell you that part of our strategy and agreement with the other parties in the litigation was that we were very much trying to limit the issue in that litigation to the propriety of the permitting of the 15 -unit condominium. As I'm sure you all are aware, there was a prior incarnation. That developer wished to put a 68 unit hotel on that property. This board, in reaction to a Chapter 163 consistency challenge on May 22nd, 2001, made a determination that the site plan approval and building permit for that application had been improperly established by the staff and revoked those permits and improvements. We are currently in federal court with the developer who is continuing to seek money damages for the claimed violation of its Constitutional rights. That matter is set to proceed before Judge Magison (phonetic), a visiting judge from Minnesota. It is on the trial docket, commencing February 25th of this year. It is unlikely that we will be reached until mid March. But we are industriously preparing to defend the county in that forum as well. I'd like to be able to guarantee you the same result, but I'm not in the guaranteeing business, I'm in the reporting business. And the news for tonight is good. The verdict in the state court is ours and the litigation has been resolved, at least in this forum, in your favor. And I'd be happy to answer any questions. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Does that mean that they -- this ruling, does that dictate then what they have to do with the building, whether it be take it down or tear it apart or -- MR. TRIPP: Right. At this point the plaintiffs had asked that the judge enter an injunction requiring that the building be either modified or removed. That -- the judgment in favor of Collier County means that that will not occur. At this juncture there is no legal requirement that M. 1: AGENDA N0. k a OCT 14 2003 Pg. February 11, 2003 modify the building in any way. I understand it's close to being the recipient of a certificate of occupancy. I think the construction is virtually complete. And absent further judicial action by somebody, I think that we will have 15 or more new voters on that property sometime within the next 30 days. Yes, sir. COMMISSIONER COLETTA: Question, if I may? CHAIRMAN HENNING: Yes, thank you. COMMISSIONER COLETTA: Is there any possible way that we could recover our legal costs from the other side? MR. TRIPP: The action that was brought against you was not brought under a statute which would allow you to recover your attorney's fees. That's not true, by the way, in the federal court action. In federal court there is a specific statute, 42US 1988 that does allow for an award of attorney's fees. But in the state court action, the general rule under Florida law is unless you have a contract action where the contract calls for attorney's fees, or there is a specific statute that allows the award of attorney's fees, each party bears their own fees. Now, we do have the opportunity to recover our costs, but as a practical matter the costs in this case were if not nonexistent, certainly very nominal. We had very few costs on behalf of the county in this matter. I would be surprised if we had $1,000 in costs. So it was very modest. Any other questions? CHAIRMAN HENNING: Thank you, sir. MR. TRIPP: Thank you. CHAIRMAN HENNING: Mr. Weigel, anything else? MR. WEIGEL: That's it, thank you. CHAIRMAN HENNING: Okay, commissioners, closing comments. Commissioner Coletta? -_ AGENDA ITEM N0. — 12..,....o Page 209 OCT 14 2003 Pg. �I February 11, 2003 COMMISSIONER COLETTA: It's been an interesting day. The meeting went very smooth. I give you credit for that, Commissioner Henning. CHAIRMAN HENNING: Well, it's teamwork. COMMISSIONER COLETTA: And I enjoyed working with you all today. Thank you. CHAIRMAN HENNING: Thank you. Commissioner Coyle? COMMISSIONER COYLE: Nothing from me. CHAIRMAN HENNING: Commissioner Fiala? Item #15C COMMISSIONER FIALA: Everybody breathe -- take a deep breath. First thing, I want to thank you publicly for defending me the other night at the King's Lake Homeowners Association meeting, where for some -- where I was never invited and they were pretty upset about it. And I appreciate you coming to my defense. I have written a letter to the editor also about that, but -- CHAIRMAN HENNING: I hope you can straighten that out with that community, that little misunderstanding. COMMISSIONER FIALA: Well, I hope that my letter to the editor did just that. CHAIRMAN HENNING: Good. COMMISSIONER FIALA: And secondly, I would like to ask all of you if maybe we could consider adding four or two or however many you'd like alternates to that land acquisition committee so that we have somebody sitting in with them in case somebody gets ill or gets transferred to another area, we can have somebody jumping right in rather than trying to getup to speed six months do n the -r gad. -E- N0. _I a ,_C d. Page'210 OCT i � 2003 Pg. 5 EXECUTIVE SUMMARY TO INFORM THE BOARD OF THE ACTION TAKEN BY THE COUNTY ATTORNEY AND STAFF REGARDING FRIENDS OF GUMMI, INC.'S PETITION IN COUNTY COURT FOR APPROVAL TO APPOINT INVESTIGATOR. OBJECTIVE: To inform the Board of the action taken by the County Attorney and staff regarding Friends of Gummi, Inc.'s Petition in County Court for approval to appoint an investigator. CONSIDERATION: The Friends of Gummi, Inc. has filed a Petition pursuant to Section 828.03, Fla. Stal., in County Court to have Attorney David W. Rynders appointed to investigate alleged unlawful actions at the Collier County Domestic Animal Services Department. A copy of this Petition is attached hereto as Exhibit "A" to this executive summary. The County Attorney and staff, as a precautionary measure, have filed a motion to intervene, requesting a hearing and a memorandum of law on the matter. A copy of these pleadings is attached hereto as composite Exhibit "B" to this executive summary. The County Attorney and staff are of the opinion that Mr. Rynders cannot be a fair and impartial investigator and has a conflict of interest. The pleadings filed by the County relay this position to the Court. Notably, Mr. Rynders has recently informed the County that he will be filing another lawsuit against the County that involves a former employee recently terminated from the Collier County Domestic Animal Services Department. FISCAL IMPACT: There is no apparent fiscal impact. GROWTH MANAGEMENT: The Growth Management Plan is not affected by this action. RECOMMENDATION: That the Board of County Commissioners approve the action taken by the County Attorney and staff. Prepared by: Ucqtkline Hubbar - Robinson, ssistant County Attorney Reviewed and Approved by: AV a, , � ,- z (1- - A a - , 'd David C. Weigel, County At orne H /Jackie /Executive Summary/Executive Summary-Gummi Date: t© g zuoz Date: t U \ �? 1 --).o0 5 AGENDA EM NO. OCT 14 2003 pg. i VA J7t 4Ji L4 tf/J U U 1 Q 00•L /005 IN THE COUNTY COURT OF THE TWEN I11ETH JUDICIAL CIRQiJI'� W AND FOR COLLIER COUNTY, FLORIDA O� `�� COUNTY COURT CASE NO. D3- C Q In re: THE PETITION OF FRIENDS OF GUMMI, INC., FOR APPROVAL INVESTIGATOR UNDER FLORIDA STATUTES, CHAPTER 828 PETITION Friends of Gummi, Inc., a not for profit corporation organized under the laws of the State of Florida for the purpose of the prevention of cruelty to animals, hereby petitions this Honorable Court to approve its appointment of an Investigator of violations of state laws protecting animals and in support thereof says: L The Court has jurisdiction of this matter pursuant to §828.03, F -S. 2. Petitioner is a society or association organized under the laws of the State of Florida for the prevention. of cruelty to animals. It was. incorporated for the primary purpose of preventing cruelty to animals by any and all means allowed under the laws of Florida. Among other things, the Petitioner provides shelter, food and money for the care of animals and in particular animals held, seized, received, retrieved, found, obtained by or given to the Collier County Animal Shelter run by the Collier County department or division called "Domestic Animal Services" ( "DAS ") 3. Petitioner is a corporation with its chief office located in Collier County outside the municipal boundaries of any municipality. AGE1'JD 140. A !TE OCT 14 2003 P9. 1VI VLI LV VY 1L1V 1'L10 (PjVUL lU /V1 /UJ II:Uts -a1 u;i 484 LLSJ UU3 /UU5 4. Pursuant to §828.03 F.S., Petitioner may appoint an agent for the purpose of investigating violations of Chapter 828 of the Florida Statutes, or any other law of the -State of Florida for the purpose of protecting animals or preventing any act of cruelty to animals. Such appointment is subsequently required to be submitted for approval in the County Court under §828.03, F.S. 5. Pursuant to §828.03 F -S -, Petitioner hereby appoints David W. Rynders, an attorney and member of the Florida Bar, to investigate certain known, alleged and/or documented violations of Chapter 828 of the Florida Statutes and any other law of the State of Florida for the protection of animals or the prevention of any act of cruelty to animals by DAS. 7. In support of its request, Petitioner states and asserts that it has possession of sworn statements by witnesses of illegal animal abuse and neglect together with written complaints of illegal animal abuse and neglect by various persons as well as other documents which affirmatively demonstrate that violations of state law enacted to protect and prevent animals from being abused or neglected have taken place or resulted from actions or the failure to take action by certain employees of DAS either under the specific direction of or with the approval, support and assistance of its Director_ Petitioner includes these references in support of the fact that its appointment of an official investigator under §828.03, F.S., is necessary and urgent in order to prevent further illegal cruelty to animals. AGENDA iTE NO. OCT 14 2003 Pg. 3 tui uci cuuj 14 : 10 re—I !gJ UU.3 1V /V1 /VJ 11: UN Qt $41 4J4 ZZ32 10004/005 WHEREFORE, Friends of Gummi, Inc., hereby petitions this Honorable Court to issue an Order confirming Petitioner's appointment of David W. Rynders as an investigator under §828.03, F.S., with all powers, duties, responsibilities and obligations provided under that statute. Under penalties of perjury, I declare that I have read the foregoing Petition and that the facts stated in it are true. Date: August 13, 2003 Respectfully submitted by: anice K. Rudolph, Presiant of FRIENDS OF GUMMI, INC. Petitioner .r David W. Rynders, Evsq. Attorney for Petitioner Fla. Bar No. 129235 2375 N. Tamiami Tr., Ste. 308 Naples, Florida 34103 Ph:(941) 434 -2282, Fax: (941) 434 -2289 AGIENDA ITEM N0. k^ OCT 14 2003 EXHIBIT IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA FRIENDS OF GUMMI, INC., A Not for Profit Corporation Petitioner CASE NO. 03- 1943 -CC COLLIER COUNTY'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO INTERVENE IN AND OPPOSE PETITIONER'S REQUEST TO APPOINT DAVID W. RYNDERS AS INVESTIGATOR I. Statement of the Case A non - profit Florida corporation, Friends of Gummi, Inc. has petitioned 'Ihe Court t appoint a local attorney, David W. Rynders, to serve as an investigator to pursue it,,::Dllegadons_n ; C) against COLLIER COUNTY of violations of the provisions of Florida Statutes, Chapter 828 at the Collier County Domestic Animal Services, (hereinafter "DAS "). Friends of Gummi, Inc., in -the Petition, has alleged there are "certain kno,-vn, alleged and /or documented violations of Florida Statutes, Chapter 828 and possibly other la-vvs of the State of Florida for the protection of animals or the prevention of any act or cruelty to animals" by the Collier County Domestic Animal Services Department. As an interested party, COLLIER COUNTY has filed a Motion to Intervene and has requested a hearing on the matter. COLLIER COUNTY has stated in its Motion to Intervene that it is an interested party, having been directly named in the Petition and by inference therein, having been accused of violating Florida Statutes, Chapter 828. COLLIER COUNTY has ob cted 1Q,jhe a ointment AOEI'AQ; 1TEM NO. 1 OCT 14 Z003 Pg. of David W. Rynders as the investigator in this matter, in the event the Court determines an investigation is warranted, because he cannot be an impartial investigator. There are real and apparent conflicts of interest involving Mr. Rynders and the County. COLLIER COUNTY has also requested a hearing on the matter. H. Relevant Statutory and Constitutional Provisions A. Florida Statutes. Section 828.030) This statute provides, inter alia, for the appointment of an agent of the State for the purpose of investigating violations pertaining to allegations of unlawful treatment of animals. B. United States Constitution. Amendments Fifth and Fourteenth These amendments essentially provide that there shall be no deprivation of life, liberty or property without due process of law. C. Article II. Section 8 of the Florida Constitution Article II, section 8 of the Constitution of the State of Florida states: "A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. To assure this right ... (c) Any public officer or employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state for all financial benefits obtained by such actions. The manner of recovery and additional damages may be provided by law...(h) This section shall not be construed to limit disclosures and prohibitions which may be established by law to preserve the public trust and avoid conflicts between public duties and private interests. AGENDA ITEM N9. OCT 1 2003 Pg. D. Florida Statutes. Section 1 12.311(1) et seq. Florida Statutes, section 112.311 (1) provides, inter alia, that "it is essential to the proper conduct and operation of government that public officials be independent and impartial and that public office not used for private gain other than the remuneration provided by law. The public interest, therefore, requires that the law protect against any conflict of interest and establish standards for the conduct of elected officials and government employees in situations where conflicts may exist. It further provides that: It is hereby declared to be the policy of the state that no officer or employee of a state agency or of a county, city, or other political subdivision of the state... shall have any interest, financial or otherwise, direct or indirect engage in any business transaction or professional activity; or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest. To implement this policy and strengthen the faith and confidence of the people of the state in their government, there is enacted a code of ethics setting forth standards of conduct required of state, county and city officers and employees, and of officer and employees of other political subdivisions of the state, in the performance of their official duties. It is the intent of the Legislature that this code shall serve not only as a guide for the official conduct of public servants in this state, but also as a basis for discipline of those who violate the provisions of this part. E. Florida Statutes, Section 112.313(l) This statutory provision defines a "public officer' as "any person elected or appointed to hold office..." F. Florida Statutes, Section 828.073 This statutory provision empowers appointees under Florida Statutes, Section 828.03 to take animals into custody and assume other law enfoTeT IF4 OCT 14 290� Pg. III. Argument Anv Investigation Alleging Violations of Law Require Adherence to The Standards Of Due Process, Ethics, and Impartiality Mr. Rynders, who seeks to be appointed by the Court to be the investigator, pursuant to Florida Statutes, Chapter 828.03, of allegations against COLLIER COUNTY, cannot be impartial and should not be appointed to evaluate these allegations. He has a clear conflict of interest. His appointment, which requires the approval of the Court, would violate both Florida and United States statutory and constitutional law. He simply cannot be the official who investigates a facility against which he has adopted an adversarial position, particularly when he has financial interests as paid counsel in pending matters against that same subject. The appointment of an investigator pursuant to Florida Statutes, Section 828.03(1) makes that investigator an agent and officer of the state. See Putnam County Humane Society v Michael W. Woodward. 740 So.2d 1238 (Fla. 5`' DCA 1999). As such. the investigator is subject to the ethics and other public service requirements of public officials. Article I1, Section 8 of the Florida Constitution, Florida Statutes, Sections 112-31 I(l) and 112.3313(l) prohibit conflicts of interest such as those complained of by COLLIER COUNTY. Although there was no case yet found that specifically concerned the due process requirements of the appointment of an investigator under Florida Statutes, Section 828.03(1), at a minimum, concepts of fairness and due process would require an impartial investigator. See Petition of Dade Countv Bar Association President's and State Attorney Special Committee 116 So.2d 1, (Fla. 1959). where the Florida Supreme Court held that an ethics complaint being investigated by the bar association had to adhere to the due process rights of the person being investigated. See also In Re Inquiry Concerning a Judee No. 1. Richard A. Kell 23.8 So. 2d AGENDA REM NO. OCT 1 4 2003 pg. 'K 4 565, (Fla. 1970), where the Court held that in an ethics investigation, due process required notice, an opportunity to be heard, and an essentially fair hearing. IV. Conclusion Because of the conflicts of interest, and the other reasons set forth herein, COLLIER COUNTY opposes the appointment of David W. Rynders to be the investigator in any inquiries into the alleged practices of the Collier County Domestic Animal Services Department. At the very least, an impartial investigator should be appointed in the event the Court determines that it approves the Petitioner's request for an appointed investigator. Respectfully submitted, OFFICE OF THE COUNTY ATTORNEY 3301 East Tamiami Trail, 81h Floor Naples, Florida 34112 (941) 774 -8400 - Telephone (941) 774 -0225 - Facsimile JACQUELINE HUBBARD- ROBINSON �i Assistant County Attorney Florida Bar No. 468126 Attorney for Collier County AGENDA ITEM NQ. \ OCT I Pg. 5 CERTIFICATE OF SERVICE Assistant County Attorney Jacqueline Hubbard - Robinson. counsel for Collier County. hereby certifies that copies of this pleading were sent by facsimile (239) 434 -2289 and Regular A U. S. Mail on October, 2003 to David W. Rynders, Esquire, Attorney for Petitioner, 2375 N. Tamiami Trail, Suite 308, Naples,Florida 34103. B Y: Y 0 S. 6&111 —Z(_� &�_� JAC; UE INTE HUBBARD ROBINSON �� Assistant County Attorney Florida Bar No. 468126 Attornev for Collier County AGENDA ITEM N®. -- t— �-- -LJ OCT i � 2 013 31 IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA FRIENDS OF GUMMI, INC., A Not for Profit Corporation Petitioner -- -; CASE NO. 03- 1943 -CC COLLIER COUNTY'S REQUEST FOR HEARING ON PETITION TO APPOINY DAVID W = RYNDERS AS INVESTIGATOR `' T COMES NOW. COLLIER COUNTY, by and through its undersigned Vounsef, anZ requests the Court set the above- referenced matter for a hearing on the merits of the '-Petition for Approval of the Appointment of Investigator and concomitantly, if the Petition is granted, on the appointment of David W. Rynders as investigator. As grounds therefore, COLLIER COUNTY states the following: 1. COLLIER COUNTY has moved to intervene in the above- entitled action as an interested party, pursuant to Florida Rule of Civil Procedure 1.230. 2. Pursuant to Florida Statutes, Section 828.03, the Court has the discretion to determine whether an investigation is warranted and, if so, who shall be appointed the tnvestl Bator. 3. In order to make this determination, COLLIER COUNTY respectfully requests the Court to set this matter for a hearing so that the County may attend said hearing and be heard on the matter. AGENDA !TEND NO. t OCT 14 Z6103 pg. \ \ Respectfully submitted, OFFICE OF THE COUNTY ATTORNEY 3301 East Tamiami Trail, 8'h Floor Naples, Florida 34112 (941) 774 -8400 - Telephone (941) 774 -0225 - Facsimile BY: JAC NJEL E HUBBARD- ROBINSON V Assistant County Attorney Florida Bar No. 468126 Attorney for Collier County CERTIFICATE OF SERVICE Assistant County Attorney Jacqueline Hubbard - Robinson, Counsel for Collier County. hereby certifies that copies of this pleading were sent by facsimile (239) 434 -2289 and Regular U. S. Mail on October 2003 to David W. Rynders, Esquire, Attorney for Petitioner, 2375 N. Tamiami Trail, Suite 308, Naples, Florida 34103. BY: c) — Vj " JACrL 'E HUBBARD ROBINSON Assistant County Attorney Florida Bar No. 468126 Attorney for Collier County GEND iT�M OCT 1 GE, aI P-9. 1 IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA FRIENDS OF GUMMI, INC., A Not for Profit Corporation Petitioner CASE NO. 03- 1943 -CC COLLIER COUNTY'S MOTION TO INTERVENE IN AND OPPOSE PETITIONER'S .T REQUEST TO APPOINT DAVID W. RYNDERS AS INVESTIGATOR COMES NO`V, COLLIER COUNTY, by and through its undersigned counse -Vand ft ove J' this Court, pursuant to Florida Rule of Civil Procedure 1.230, to intervene in the above- entitled action. As Lrounds therefore, COLLIER COUNTY states the following: 1. Florida Statutes, Section 828.03(1) provides, inter alia, for the appointment of an agent for the purpose of investigating violations pertaining to allegations of unlawful treatment of animals. 2. Friends of Gummi, Inc., in paragraph 5 of the Petition, has requested the appointment- of an attorney, David W. Rynders to investigate what is alleged to be "certain known, alleged and /or documented violations of Florida Statutes, Chapter 828 and any other law of the State of Florida for the protection of animals or the prevention of any act or cruelty to animals" by the Collier County Domestic Animal Services Department. 3. COLLIER COUNTY is an interested party, having been directly named in the Petition and by inference therein, having been accused of violating Florida Statutes, Chapter 828. AGE-NO', 1TEN-1 NO P. \ 1 4. COLLIER COUNTY objects to the appointment of David W. Rynders as the in esticator in this matter, in the event the Court determines an investigation is warranted. for numerous reasons, primarily the following: a. David W. Rynders cannot be an impartial investigator because he has an actual and apparent conflict of interest. b. David W. Rynders is presently counsel of record in the pre -suit claim of Matthew Bishop v. Board of County Commissioners C. On July 7, 2003, David W. Rynders notified the Collier County Board of County Commissioners, pursuant to the requirements of Florida Statutes, Section 768.28. in %riting that he represents Matthew Bishop, a former employee of the Collier County Domestic Animal Services Department in a claim against Collier County for a violation of Mr. Bishop's First Amendment and Fourteenth Amendment due process rights. (A copy of that letter is attached hereto as Exhibit "A" to this Motion). d. The July 7. 2003 letter is a prerequisite to filing a court action in a tort claim against the County. e. • Mr. Rynders has alleged in his July 7, 2003 claim letter several violations by the Collier County Domestic Animal Services Department, (hereinafter "DAS ") f. The final paragraph of the July 7, 2003 letter informed the County that David W. Rynders has been "directed to file this claim in the appropriate court and to also discuss settlement of this claim at any time." G. David W. Rynders has currently pending the following other cases against COLLIER COUNTY: (1). Emerald-Lakes Residents Assn Inc v Collier County �Caise_No. 02 -3090 GM, DCA03 -GM -103 and 02 -23 4- (,Qsi40 . 'V,4 PLO. I 1 0 C T _20J"3 t (2). Collier Residents Advocate Safe A F v. Collier County: Case No. 02- 0812 -CA (3). James K. Keiser v. Collier County: Case No. 00- 1511 -CA (4). Vanderbilt Shores Condo Assn. Inc. v. Collier County: Case No. 01- 5080 -CA and 2DO3 -1594 Clearly Mr. Rynders cannot impartially evaluate any allegations concerning a facility against which he has adopted adversarial positions or is counsel of record in other matters against the County. It would be inherently unfair to COLLIER COUNTY to permit him to become a public officer who investigates allegations against the County pursuant to Florida Statutes, Chapter 828.03, which requires the approval of the Court. of La,,N,. In support of this Motion. COLLIER COUNTY submits an accompanying Memorandum Respectfully submitted, OFFICE OF THE COUNTY ATTORNEY 3301 East Tamiami Trail, 81h Floor Naples, Florida 34112 (941) 774 -8400 - Telephone (941) 774 -0225 - Facsimile BY: "., UL'i "mac+ JAdjJE D HUBBAR- ROBINSON Assistant County Attorney Florida Bar No. 468126 Attorney for Collier County N0. a � OCT 4 °i rijJ L'g. CERTIFICATE OF SERVICE Assistant County Attorney Jacqueline Hubbard - Robinson, counsel for Collier County, hereby certifies that copies of this pleading were sent by facsimile (239) 434 -2289 and - Regular U. S. Mail on October 2003 to David W. Rynders, Esquire, Attorney for Petitioner, 2375 N. Tamiami Trail, Suite 308, Naples,Florida 34103. A��4 BY: o � ic� JA QuE INE HUBBARD ROBINSON I Assistant County Attorney Florida Bar No. 468126 Attorney for Collier County 0 C T .Q,=_ 4 NCRTF! TAMIAMI TAIL SUITE 308 NAPLES. =L 341C3 FHONE (239) 434 -2282 FAX (239) 434 -2289 DAVID W. RYNDERS ATTORNEY Ai LAW Prccfce Limned rc. Feaerct. State and Loca! G vernment Law with emphcsis on c on- nenial and land Use Law 0 'Members of the Board of County Commissioners Collier County Government Center 301 Tamiami Trail East Naples, Florida 34112 James Mudd. County Manager Collier County GovenLTnentvCenter '301 Tamiami Trail East \aples- Florida 34112 Department of Financial Services f.'k a the Department of Insurance Office of Risk Management 200 E. Gaines Street Tallahassee, Florida 32399 -0300 EXHIBIT -A- a a 9 He!ju -ly MQndel, Esa. Tallinn, Emnia Cf Counsel July 7, 2003 N L � 41 C, G7 r;- —TJ T _r - < Re: Wrongful termination of Matthew Bishop; DOB 9!12'69 in Johnson City TN, SS 2 -50 -39 -8816 by Collier County Domestic Animal Services Dear % /Ir. Mudd, Honorable Members of the Board of County Commissioners and Florida Department of Insurance, I represent Matthew Bishop who was wrongfully terminated on June 6, 2003, by Collier County Domestic Animal Services. This letter constitutes a "Notice" under §768.28(6), F.S., to the County and the (former) Florida Department of Insurance, recently re -named as the Florida Financial Services Department of Mr. Bishop's claim against the County for its violation of his First Amendment and Fourteenth Amendment due process rights. As the termination form indicates, Mr. Bishop was terminated in substantial part because "he uses his good communication skills in a negative way against the DAS Department ". See Mr. Bishop's May 22, 2003- I Em loy_`e fQrmanc Evaluation. s&�h tT NO. - y e - Pg. =-�— The :acts that �Ir_ Bishop has r°peatediy pointed out to DAS's Director. io his supervisor and to other employees that were described as "negative ..against the Department" are violations by DAS employees and the Director of State laws against the abuse and mistreatment of animals that have come within DAS' control. The following are a few of State law violations he has complained about: A. Castration with a razor blade of several pigs by a kennel worker without the knowledge or consent of the shelter veterinarian. In fact, castration of these Pigs was planned to occur when the Veterinarian was out because the pigs, which are "livestock" under State and County Iaw were "adopted" by a DAS em,plo" e-- for S5 each I stead of being auctioned to the public after due public notice as required by §588.17, F.S. B. Falsification of records about who "adopted" certain livestock or exotic animals by or with the direct knowledge of the Director of DAS so that it would not be apparent that employees of DAS were taking the livestock. C. Despite the fact that DAS has received or taken in numerous livestock animals. no public auctions of the horses., cattle; pigs, rabbits or other livestock ever occur. Instead, all the livestock were taken by DAS employees Cor personal use, frequently as meat for personal consumption, and in the case of small animals like hamsters or pet rats given to DAS for adoption into good homes, as food for snakes owned by DAS employees. DAS records have repeatedly been falsified to cover up these actions and documents evidencing ibis practice are in my files. D. Favoritism towards the employees who have falsified records for the Director of DAS in revurn for ,which trey are giver livestock the Iavv require- be pint to public auctioned, given unrecorded and extended time off, protected from disciplinary action and given promotion to jobs for which they cannot qualify. E. Insensitivity and deliberate lack of care, food and medical attention to animals by certain employees without the knowledge of the veterinarian and failure by certain DAS employees to comply with legal euthanasia techniques. F. Failure of DAS to prosecute anyone for cruelty to animals because. ^UAS fears losing in court. 0 ' *4,;GEi- -h0 . �a OC"T 14 g. -IF. Bishop admittedly has complained directly to the Director, his super-\,,isors and other employees about these problems and violations of law, but such complaints are protected under the First Amendment as relating to matters of public concern, outweigh DAS's interest in hiding its own wrongdoing (which it has formally adopted in writing), and no other substantive reasons were given for the termination. Thus it constitutes a retaliatory termination actionable under State and federal law. Nir. Bishop's Employee Performance Evaluations makes it clear that he was terminated in retaliation for exercising First Amendment tights: his April 22; 2003 Evaluation states under "Professionalism" that "Matt has a conflict with the philosophy and goals of this Department ". Under "Teamwork" the same complaint about qtr. Bishop was repeated-"Matt has made comments about things being a 'Department problem'; which shows a lack of respect for the Department and Teamwork ". The most significant DAS comment in his evaluation proving that he has been wrongfully terminated is the comment under Communication Skills" in leis \Ian 22. 2003, Evaluation: "'tart is able to communicate effectively ... It is unfortunate that lie uses his good communication skills in a negative way against the DAS Department ". On the basis of this Evaluation. DAS terminated him. Pursuant to §768.28(6)(c), F.S., there are no prior adjudicated claims; paid OF unpaid. against Mr. Bishop due the state, agency, political subdivision or officer. I hay: been directed to file this claim in the appropriate court and also to discuss settlement of this claim at any time. I look forward to the County's reply. Yours, "j David W. Rynders 3 IT �+ 9 'i f.n Sheet 1 of 2 AVESMT2003- AR3920 EXECUTIVE SUMMARY PETITION AVESMT2003- AR3920 TO VACATE, RENOUNCE AND DISCLAIM THE COUNTY'S AND THE PUBLIC'S INTEREST IN EASEMENTS RECORDED BY SEPARATE INSTRUMENTS IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt a Resolution to vacate, renounce and disclaim any rights acquired by the County and the Public in the below- described instruments purporting to convey public road right of way. CONSIDERATIONS: Petition AVESMT2003- AR3920 has been received by the Engineering Services Department from Collier County Parks and Recreation Department requesting the vacation of various road right of ways as referred to in the documents recorded in the Official Records Books of Collier County, Florida, as follows: Official Records Book Page Official Records Book Page 116 363 144 627 116 365 148 271 124 443 148 273 125 460 165 145 133 382 165 147 144 240 969 1880 These road right of ways are described in the documents as "... for road right of way." The Petitioner has not found evidence to show that Collier County has formally accepted these road right of ways. Neither roads, drainage nor utilities have been constructed within these right of ways. The Petitioner is developing this acreage as a county park. Letters of no objection have been received from the following Collier County Departments: Transportation, Public Utilities, Engineering Services, Stormwater Management, and Sheriff. Letters of no objection were also received from Florida Power and Light, and Sprint. This Executive Summary was approved by Alan El- Urfali in Transportation on 5- 19 -03, by Jacquelyn Johnson in Public Utilities on 9 -12 -03 and by Diane Flagg in Alternate Transportation Modes on 5- 19 -03. Zoning is Agricultural AGENDA ITEM . I No. 19 OCT 14 2003 Pa._.____ _ _ Sheet 2 of 2 AVESMT2003- AR3920 FISCAL IMPACT: Engineering Services has collected a $1,000 "Petition to Vacate" fee from the petitioner, which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2003- AR3920 to vacate the County's interest in the above - described road right of ways ; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records. PREPARED BY: 17. e �_ �elG�� Rick Grigg, P.S.M. Engineering Services REVIEWED BY: Thomas E. Kuck, P.E. Engineering Services Director DATE: DATE: ... s APPROVED BY: DATE: iV 43 os ph K. Schmitt, Administrator C mmunity Development & Environmental Services AGENDA ITEM No. If I OCT 14 2003 pg.-67T RESOLUTION NO. 2003- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVESMT2003- AR3920 TO VACATE, RENOUNCE, AND DISCLAIM THE COUNTY'S AND THE PUBLIC'S INTEREST IN SEPARATE INSTRUMENTS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGI` 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Section 125.01(t), Florida Statutes, Collier County Parks and Recreation Department does hereby request the Board of County Commissioners to vacate, renounce, and disclaim those easements purporting to create Public Road Rights -of -Way, as set forth below, over and across portions of Section 30, Township 48 South, Range 26 East, Collier County; and WHEREAS, these purported easements are set forth in the following instruments as recorded in the Public Records of Collier County, Florida: Official Records Book Page Official Records Book Page 116 363 144 627 116 365 148 271 124 443 148 273 125 460 165 145 133 382 165 147 144 240 969 1880 ;and WHEREAS, granting the Petitioner's request will not adversely affect the ownership or right of convenient access of other property owners and will serve a public purpose and is in the public interest. PAGE I OF 2 AGENCA ITEM I No.� OCT 14 2003 � 3 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's and the Public's interest, if any, over and across the property more particularly described in the instruments listed above is hereby vacated, extinguished, renounced, and disclaimed and this action is declared to serve a Public purpose, is in the Public's interest and is for the Public's benefit. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution is adopted this day of after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk roved o form and egal sufficiency: Patrick . White, Esq. Assistant County Attorney urn BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAGE 2 OF 2 Tom Henning, Chairman No. 16,41 OCT 14 2003 pg. ,.0/99 12:10 r'Qa a41o4�oaoa VVLL1Fia� W VViLCIU�a as ya:i .,-. �vvv Attachment "A" PETITION FORM FOR VACATION OF ROAD RIGHT-OF-WAY Date Received: tiJgy. ZZ% Zoo! Petition M AVE5M?'Z0o3 - AsZ 3920 Petitioner: 6 -�� 164 1�1 3 S A V TelephoAddress: 3 UC7 ---'e, r City /State: ,(t P _E-1 l/ [� _ p Zip Code:��i / /�o Agent: kw ( [ a Address: Telephone: City /State: Zip Code: Road Name: 0104T(n /S) Of 12ka-Ag W9 Location: Section 30 Township a Plat Book Pages} Legal Description: Current Zoning: A G e 1 C U L TL Z p L_ . Reason for Request: P-ea- tp/(ei4 0 � �h 7 Does this affect density? 0 I hereby authorize Agent above to represent me for this petition: ❑ Yes ❑ No ? Signature of Petitioner Date CCO ►A b Print Name (Title) Please see "Policy and Procedure on the Closing and 'Vacation of Road Right-of-Way" for the list of supportive materials whieb n:lust accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Deparbnent 2800 North H )rseshoe Dr. Naples, Florida 34104 (1) (3) (4) If applicant is a land trmst, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited pamer ship or other business entity, indicate the name of priocipaLs. List all other owners_ I AGENDA IT Attachment "A" Page 4 of 4 0 C T 1 '4 2003 Qt INVOICE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FLORIDA 34112 ADC NO Invoice: No. 42753 Date: March 26, 2003 Applic. P.O. No.: Department: P1 anni ng Phone: 403 -2400 DUE AND PAYABLE UPON RECEIPT [BOARD DEPARTMENTS ONLY - CHARGES EXPENSEC UPON RECEIPT OF YELLOW COPY IN FINANCE] DESCRIPTION I AMOUNT -• l3iTi�ii��ji�ia• i=• �< n• s•• ��. T• •��a.••••a.•�;r.�•�- ��c�:1z i:�ri - �a.�•�•�•�•� North Naples Regional TOTAL AMOUNT ( $ 1000.00 MAKE CHECKS PAYABLE TO: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DETACH AND MAIL THIS PORTION WITH YOUR CHECK TO: FINANCE DEPARTMENT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FLORIDA 34112 RFVFNUF ACCOUNT FUND COST CENTER OBJ./REV. CODE PROJECT 113 1 138900 487370 1 80602 FYPFNnITURF ACCOUNT FUND ST CENTER OBJ. /EXP. CODE PROJECT 346 7116363 649010 1 80602 FORM e2-1 �..f1TA••rA /+A[fV Invoice- No. 4 2 7 5 3 Amt. Encl.: A/R AGENDA ITEM . No. OCT 1 4 2003 P'. �Wh \� M M III III W Z M O m I I I Q 0 0 a � W N� J V n n z 0 0 m z a a 0 0 m m a m a A 1, V-, N O r Q W cc AGENDA ITEM NO. OCT 1�4 2003 Pg. / 85165 RH144 PKA27 carrantpeeb r� Thul,denrur,.Mdethis 2.0 day -J.. T tJe .A.D 106.1. AF.TIr'F.F.V Clifford Anderson, Trustee o/ IAe Cnunry o/. Dade i^ tA, Stare a) Florida, as an A. Skimina and Barbara E. 9kiminA, huabraAnd as an estate by the entireties. r 11$ East Made, Apt. 9, Glendora, California Pan 1e s el the Jrr•owd peer. 1r1TYFSSFTlI, That I" rid pasties of the )bar part, for and in rvuvde ari.w of PAP am of Ten noel. I— and other oaltrble ronsideretions so them in hand pad by ,A- pan le_ ! o / the fro n ' part, rhr r.+ ""Pt "'hereof is Arr.Ry ark— tedged, ho— rvnied, bargained and wild to the said parr�L_ J,r•ond t, their i. the Pa► heirs and arigru, Jer,,..r, the foll.,,ring dernbwl lnt"1, sir"al,, lying, and heino' in PAP C ounr, of rapier and Stat, of Florida tor•iI: The West halt of the Northeast quarter of the Southwest quarter of Section 30, Township IF8 South, Ranee 26 last; SUBJECT to existing rmstrictione and reservations of record; and SUBJECT to an easement for public road right-of-way over and across the North 30 feet thereof Ofry,!AL R�R Oa? AO ?R CL yX(; :I.1XIDA i'i I I I t Jut A i r2 r 2 PH P;3 CLERn ?- " SCOT, -UI' cou�r MARGAMiI I. S,.orT 174.t of Cirevil CouR '4nd the said Perrin n/ the fir" part In herrAy fully rill, In sa,d land, and will defend Ill, name alp„nar the lau•Jol rlaim. 'fail persons yhnmss.�•.•r, except as aforeseid and current ter.es. IN W' /T,YpSS Ir'H1:::..UF, rh, said parries of rh'. finr part hereunto Jet their hand- and seats the day and year abo,r yrirrrn. Signed. sealed and deli,•esed in 1,rernr► of v: ll � ) 1 • f o Anderson, :rltstee I Seal J .ST ! -F OF FI.C)RInA, roUNTY ()r KAXX) M DADE I HFAE11Y CF,RTIFY that nn this der p,►w,nally appeared b,Jmr me, an n,INrrr duly eurhnrised to ad' n(^ iu "r— tlu and take a"k ^tn "IriR•^„nis. Clifford Anderson, Trustee, In me " '"Il knn",I to be the P—mfts dnrribed In end who eterated Ph, foregoing Bred, and aeknowl,dged be_ Jnrr m, that they ,,,rsu d'Ae -me freely and colantanly far the purp w rj6",in ',Fr,wd. IY "'IT" R-NFRMr. ! hereunte W4 my hand and ofi6al sea/ at )& this Z — day ^/ mS said rnanry. and Stare. C A. n. 1063. rJ ?, •O T �ommiJalels ,+pires: ' 7: ff 7_ -- C' Notary Pais &C IAL SEAL HERE r11 i• •11 j ro Ct'• .'•t 1 Y. AGENDA ITEM V ' �J COLL R UNTY 1982 MAY -6 L4 3 5' RECORDED (STATUIDKY FOW—SECTION 669-112 wam Made this ;Mc/ day at April ON COULTER and MARY B. COULTER, his wife fp:�.Coumv of palm Beach S,,ft of Florida H. JAIS-,-ZR & ASSOCIATES, INC. Thks ;aarom"i -a% woo-140 by Nome William .P--.-Cha1pk_LESq- -Eh-alek 6 P-A- Addrets L1_1 North F ]La �er Dr. West Palm . Beach, FL L 33401 ig 82, ]itMrrn , gronto", and iliatie poo.office oddrc-n is Z023 El 9th, Street North of Collier Naples, FL 3394D state of Florida ow county of 00 That said gm.t*,, for and in consideration of the suln of --------------- — rs -------------- ------- - - - - -- -Ten ($10.00) Dono, - the rectipt whereof Is hereby good• and '101u.,)k. considerations to said grantor In hand paid by said gium m, bo,9ok"d OM sold to the said grantee. and grantee's heirs and assigns forever. the following 'a. has granted, county. Florida, ftr-ift land, 9;#uo1a, t*9 cond being in Collier land lying west of proposed 1-75 in the East 31 of the Northwest Cn, C=P Qf the southeast 4, Section 30, Township 48 South, Range 26 East, the North 30 feet thereof reserved for road right of way, C0111ffi C:P' C93 ro,"ty' Florida; together with all water and sewer rights :) ts which inei -� b appur-tenarit thereto. -atiBirEr TO restrictions, reservations, easements of record, zoning regaotions of governmental authority and real estate taxes for the year 1982 and subsequent years. Tit-le to subject property has not been examined by scrivener. TUIS Is NOT 1lomEsTEAD PROPERTY. d. grantor does hereby fully warrant the title to said land• and will defend the some c9o;rk." the lawful do;n" AM "Grantor' and -orantm" art used far tinovior or plural, as context requireL Grantor has hereunto wt grantors hand and sea[ the day and year first above written. aind defiverw in Our prg"nor• Cou B. ul e J c B ut r k B. Co (Seaq (SC4 �br ra-la Beach . -C , ' day before me, an officer dwly quanfied to take acknowledgments, personally appeared Ot a. Coulter and Mary E. Coulter, his wife re Pq trurna acknowledged 4;aaro. -we that f* song aesuibed in and who executed the fa 90i i"s nt and a I d 611 c.4fk;dl seal ra the Cauray and Svaft Itat aforesaid this .1 se4' day of Received $ C, 4 r tkt tl;�Tf CF ft Documentary Stamp Tax ry • AGENDA ITEM TKKU GENEVINSMANCE UND KaMM15SIC11 I'm 5 1986 Collier County, Florido j P-cagon Cl NO. Willi Lry CO:.L1 COU �A _. ). �,r -"� F b L kA PQ-r OF OCT ' 2003 -r h � '�'r "-- i, I pr ----` - f/ 11' IMER; Pg 'fail Thu lndrnr.., Mwdr thu _ Z 7 day of " yz T A. 1). 1062 • IIET91J.'' Clifford Anderson, Trustee n/ the Connrt of Dade -- —. iw the Store of panda. parties of rho fins port• wnd F. nirfurd Y,+r.zel ar d Elinor A. Wenzel, husband end w1fw, s.-t an estate ry the enttrettes, whose Pont offtcw Arl,trwas to 3131 Green Dull,hln r,ser,e, Napleq, Florida sl�aLas>,rrc ab — -- _. eu�lYlClrso z.Jt 1<a?,lO1L p.rr le:l. of rho srr.w.d poor. Q'1T \'i.'SSFT11,'rhw1 rh. pwrrirs ..f rho A-1 parr. fns and .n nws«drrwti..n ..f rho sww. of Ton P.J. I.- wnd ,rhrr rdow Mr rr.n ud.•rwri..n♦ In Ih,•.v .n hwnd r-d h, Ihr pwrl.l or- -,.I rh.• «•—i par,, #A.- r.. r,-,pr u h. +wr/ a hr•rrl.. n. Anrw, l.•.rt..i. ho,- tomes 1, berow' —f wnd «.Id I.. Ihr rod pert e-? -_ -, o/ Ih.• .rr.rwd parr. - 1•!1!!X- A.rn end --ans. l..r.. -. A. Irdbw. mt d.•rnMrl Iend...rnur, I.,nt. wwrl 1.•rnt nr rh,• C—I. .,I I -n16.- wnd %tnt.. wl I• l.,rrlw ,•• .. n T:,- Lit-0 !,nlf of I., ':r,rthr•wst. .l.srt.er of the $ru,tl,weat rlvar•trr• r .,wct:,m �' -W: tl Fent'w ?6 °sat; ..t.t- 'n, ^wr•t.rt�t 1,,n• nr,-i r. , -:.vn, tons of recorA; and Srr,.t1'r7 t,, ,.. t,ltc ,. w.1 rIr .• -r f -way over and arr,.. the II, + t•...t..,.� .n •l t ,- En s•• );' feet therw- e I n.l r .. ....,f l..r n....l rh. Lon r.�.r d,. h.•.. 1.. lu N. --I solo In —f Inwd. and ..11 40••n4 rho swrnr• nr...nn rh. f.n. [„1 .ln,..,...I nI! Lr...n. nL•.r......,.., —c.;�t np oleos snt •1, H• .I c ••r.•l.t �,q j..., /\ If It \IN% u lit R110; ,r.. .,.i p.•n....l rl., hry poor hr..•nnr....r rh. r. hnnrl. nn,l •.,rh rh, .Iwo i r i 1 111, I,I I I cllrlla 4. r nl \ 1 ! r,/ rnxrjcfir. 7. I III 111 10 r Elf l ll I thwr ,n Ih.. rlw, t.... n..11, npp wr..l l.. 1. v. ro.. nn ..lh.. r d d, w..rh. rr •..1 rr. n,ln.rn..r. -r ..nrh• and rnA• nr 7. rrn„ i..lp,•. •nn. �: i ! fc,^rl •; rle i C.I., ^L. n t n+r• , ... f.. r. rhnt w, d rho nn..� Ir r.�ir and . +.f unn,•.h. l,.r rh. p.rrp.. «• rArrnn pr.•....I IN 11 IT \}.�� R lllHilrF. 1 h...•nnr., n•r . hew,l wndr.gi.ul..el wrb7rltlC l / wnd titan. .7 1'r -�_;,1 M; ';ARrI f 1CorT •. ..� ,• of Cvh COVrt I�♦ AGENDA ITEjvt OCT 1 4 9-0103 Pg. I/ �EC11b Arrantp Peet 363 Thin Ind.•nturr, Made this /7 river of A. D. 1el►?� RF.'Tf►'FF.V cliffonl :lruisroon, Trustee Dt►de in the State n/ F•Innds. parts of the first Pori. wind of the frwntr n1 �- -- —_ — Asa E. Huakey and Eleanor B. Huokey, husb*M and wife, 2025 5th Jtreet 3outb, Arlington, Virginia me tenants by the sotlrsties I It part �_ of rhr, s.rond port. R'ITN'F:C4ET11. That rhr rid parties wf rhr first purl. 1.,r and in rnnnderwrirrn of thr son of Trw 1)nl• Inn and other relnahle r'nnurf•'ralirrns la thrm m hand part by the Pert _ 1N of rhr sr.•.ASd part, the r- reipf rrhnr•nf is hr•r►hv Ael.n.wl.vlg.•d, hear grant..i, hergwrnrd Mul sr.iei to the rrd part 1M ._nf thr viand part. their hers and Assigns. f•w.n•.r. th.• f..f1. -r -a d.•r .r A../ farrl. err nAlr. Ivin g. wad hnn■ .w fhr• t '...all- nl l.nlllr•r anti X101•• rrf l GNMI. r.er it: Che enot half of the suuthweet gr:arter of the southwest quarter of iectlon )0, f<,vr,ship ..' ;outh, :4inrn 26 Dkst; ,;IhlJ:jCT to existing restrictions and reserva- tions of record; and �IQWr to n easrnent for public fond r ( ;ht-of -way oar Rnd acro" the suuth 30 faset thereof. R r n'• Q'i u,r W J• - C. ' r • _ I l r 4m1 rhr rid Part#r r.l rho• fM.t port do h.•rehr lull, nrrrrwnf ails to mid tend. wolf a •11 defend the stns wrnrn.r the le.rful rin , nl nil except as ,foresaid and current taxes. IN It l!'1F:.S5 q 11F:NF.01 rh." .rod pain... ..f /he frr.l parr h.•n•rrnn. « -r rho., hand. wn.f .••.1. Ill, day and a• +r who. r• urutr•n. \rRn.+1..••wh+1 snot rhdir. +.d m l.rr..•nrr ..l u• i .;ors .rids 9U•r, r rtes \ l' I! F fit FLOW,) . (M N 1 1 lot tlOt*Stlts DADE 1 lit MAJtj t F.R IIt i rhnr •w this dwv p rr wall. app wn.1 h.d..rr m., eon ••Ilr•rr nosh wnrh..n:.d n• w.lmrnr.r. "r . n/h, vend rnA. nr loss. l..lre.n.•w... clit'for'd Anderson, fn:atro, t.. r o. 11 Annrrn 1.• b.• rh. p•rro.. d•.rnh. +1 .w eon./ «A.. r..•. n1.�r1 th.• 1.w ••pan■ d• +'a. onr! wr 1, n.•.. 1•.IR•.1 Le. 1..r. m.• thou th.•r .•r..ufe.! IA.• .non.• /r.•.d. vend ndumnrrl. /or Ih.• pr.rlwrr• th.r.in .•. ry•.w1 ;ur11 /\ !! IT \F:Si ftrIF.RFlIf. ► h.•r.rinn. r.•. r.ry Awnd wool ..ffirrd r +l a ]�Ot., ru! !nuns enA.4ue. rhr. dn...l �'J - - -• !f 14e _2 �r /•��ir�raL`� Nv (wnnns.iyn - �.•ror Prhhr r Muir■ . � n. .i oast ,L r Z.s{) Maf•'Apc- - • :"OrT .. I ..b ,f .n111 z AEC 125 m AGO Warr4:.. r f. t ib TM. JldwvE.. M•d." / I �h i� . j /Y P r' t' ••r I •' •" —A.D. JeeZ. BXMUm Clifford Anderson. Trustee comm" of Dada i. ph, %*w .J T/rii. I.r i" *1 /A. fl— p— &"d John W. Davis and Edna I. Davis. ushon and wirer as an estate D7 the entir•tle -P. Route 5 - box 112 Port orshard. Weshlniton - ►.A.�..r.•o . MaYareioi2a m /I�A1L -•/ Wr r.�J rr. rm -miwm. rA.. rs..d/ IEriw ^/ A- f r. /stn. JE .td it ....it"e"m ./ IA. rr- ./ r.. Am- Ann ..d -A.. 1•II.AA..r. a-wisa. r. rA..l M At d P'J or tA. pwq-" J—•% rA. wrw/ pro A- w+ .ripe .A i. A...Ar E+ ed �"' prN"( ►..s.i..1 ..i .Y r. rA.. i1 /..ryJl_.l ter./ Prq t h.1 r Awn .d..tti/w►,•r^'�• d• /•JA..:we 1.r.+An/ le.i rlrtrr. Li•a..n1 A.i.a w 'A. C.EP, .% (:.Jliw e/d l.er../ /Iris /.•.ril: ih• West hall of the 3outh.w .t quarts of the Southeast quarter of 3estion }O. Tnrnshlp 48 South, Range 26 East. Collier CountT. Florida; SUBJECT t- ..feting rettrietiona and reservations of reeord; and SUBJECT to an ese•le.nt for public road right- of -veJ over and across the South 30 feet thereof and the West j0 feet thereof. /y4 \..N /ire It11N it .1n M1111 � �r;�`< a+ �•�`t ,•, s�I:. �/ iN�°�re • reify! A.d 1A..ri1 p-rift .{ rA- A•+• Y^ Ar ---t rill. ►...J A .L aw -W yl^.i 06 -... r,./r 40 ./ on p sxsept as aforesaid. and current taxsa. IN rITNAM rPtEX EM. she EWJ /Erin .l rA• M r Aw.w. r.. rA.ir A� .IA ...L dp i► fa c rd 7~ sore. r.irr.•. S(p %.&-dd ud Mb.-.J L p.rw.• sl mr or arson, Trustee JrATx of FLORIDA. Coum" or=LvM DAD[ I HammT CtRTJ71 most Ee Ah 4f !" --a Opp—vd 6. * .stn s° •/I... dWy mothrri.rd w .EA...a$so.�...A.y.ES.ra Clifford Anderson. Trustee. rev. 8 hr. w be A. Pstetre I..*w I. 1.6. +wrrd At J•r"!d's d"•t En/ fie/ 10 J.r• r AORM ttttrrr.d As MEN, pa* r OWN -- 0) /E /A. PEPpE `Mw b- fiz.�. IN rf wkm FRAM". l hstwrrs .st e r ha i .d s�r(al s� erg Ily1 aCommel ..+ ter.. 0.1*/�J1L •t /f� e•�] . IL..P PEW ' �i •t�'� i. rYza.r%AL RAL mis era+.. e-r r..v...w mo r AGENDA Me OCT 2003 Pg. /� � M 1 r AIM ?w443 TAi. Jwd•a . Alad' Ohio RETI►RRV Clifford Anderson. Trust" wf ch. C.w7 .l Data w /A. SPar .l puma. /MM of 0- p- P-4. ""d Al Baart JohnOtow and Marion 1oTlan Johnston, husband and rifet as an estate by the ontlrotles. 49 Bevith A•o•ue Bradford. renn87lvsnla P— AI 04 rA...r.wd /w+. N. Thor IM ..id P-- o� rA. frr pr.. for '"d 'a "m.wJ. wim f4 IM arm .l rrw i)al• .rN isu a rA.nw iw AN..( paid by rM prc iwa .l rA. " parr. IA. l..r NJ .rAwl ..IrAI. r.+w«d -J rylpr r�A..r •• ••^� °7 - riwOY•%.. /Pow �� A/OwfPd. `w►I Nwwml.wd MM 10 IA. IMd /..1 ia■ Of IM r.+wd pa••. N. (r A..r. and @mom& /OP"r"'• rA- f.11ww-rnil IN.d...raN.. Liwa. ar.d l.Ir.a ■. rM C..■." .l C.lri.r afrd .94W, .j rlwida so-*. S th set Quarter of The East half of the Southwest Quarter of the ou e Bastion 30. Township yB South. Ran4e 26 seat. Joltior Count7. Ploridal SuWzCT to existing restriotions and reservations of re- cord; and SUBJSCT to an OaOOSent for public road right- of -w&Y over and across the South 30 fact thereof. �. \ • j ,?y C. Cz �.: Mal Ad rA- said pard.. wI rM It..r p... d.r h, h, I.UV ■Wr t rirb rw ..id ►...d..wd rill d -I•wd rA. Ora. 4.b.r SA. Iar1al rlairws wl.Il p r.f■.. wA- .w.w..+q c :sepal as Grarossid. and ourrent taxes. !N rt Nm rl#ERF:NE. rA. Said panl...t rM A'W pfrrr A.r.ww/. -0 rA -ir hood. arced w• I. rA. day NJ )wr ab wv ..ri/rrw. ypr1, w•ar.d r■.d d.lir....( in Pry - d w: C f6 deraon/ lrustoo STATE. DE !!d)RIPA. cMINTY Mr CIXMW DADS ad, aa.A..ifrd to 1 NRRRRY (:ERrlEr IAN .w rAw day /.►..wir..PP'."d A"M" ""• r''�r"' adw Mi...vw 088 awd mok. arAw.\Qme. -0a Clifford Anderson. Trustee. r. wr. r.1J 4a.r\.w ro M rM p.rrfw. d"fA -d in and a'AO -n.nr" SA. j.►+a.imm dd-- A oftd OrAft.w1 tvwi b' I.r. M, rho rA.7 .anrrr"'A. a.wr. jr-.h awd ..l anrarJv I- rM rw,pwr 4. iA -lil ani ..r • Awd -ad "Pew rat r � .aid Ca• .r7 and 3.ar(a.... !!Y r1T�k3.� rNFRR(X. / Awwwr. 7 � •)r '•.. I ^ b d A. D. 1`062— w: .l(7 CNwwrimi— —For : ir •'• afar7 IC '� A�\ 1CTARIAL SEAL RWREr w Coro. ww.w "�. r \� x -3 -30 YMIGAPC1 i score mwe as Cw^A ■ %` ZS OCT 1 '1 2003 P9.- 13 1 11IF '2 133 iAtl 38 80"A Marrantp Meeb 7i.. _.I.' w/ �IO �/VR i A. D. 194-3. Ri.TI'FF..V Clifford M.I.raon, Trustee .1 — -n.A`--- -__ . ,w rA. Sr.r. wf rr.r,d., - w/ rA► Jb.I Rusar>.l M. Weaver and Olenne L. Weaver, husband and wi ..1 as an estate by the entirr.tles. 6415 Midnight Trse Road Sarasota. Florida xR�sasi _ ___' I.+ta�s� p,,, Ie■ e( .n• ...v.wd ParI. Ir1TNE'.SSf.TII. TA•r #A. rd pvn.r w.. A. /i.,r pan, /wr ...d iw .ww.id•.•ri.w of rA. ,uw. e/ T.w 11..1. 1.n 0.u1 .uAn .elar Af. — .Oillimi— r .A.w. .w h-d p.id A. rA. P.nlaA—wf rA...+'owd p.-r, rA. •w rnp n A...A. ar►wnr4..1jnd. A•.+ ,rr.wr.d. A.rewiw..i ewd .4d re IA► mid Parr Sae ./ rA. ..reed Parr. the i r Anra .wd .r.w.. 1..•..-..A. (.dl.wrue d.r..A.d laws /, ruwr., lriwR..wd A•.w� .. rA. C.rwrr .1 V.W.- -W .14W..1 ri d• r.- is The West half of the Wortnweat 4uartar of the Southwest quarter of Seatlon 30, Townshl,l 48 Soutb, Range 26 Bast, Collier County, Florida; SUBJECT to exlating restrictions and reservations of record; and SUBJECT to an easement for public road right -of -Way over and acrops the Worth 30 feet thereof and the West 30 feet thereof. o� e. • ' S . to -.. C • r CC C oa Q u - ao ` li Awd OA. rid Paniw wf 'A, fi.w pen M A...Ar 1. 11, .wr.•wr Pau!• Pao rid 1.w4..w.1 r.11 d.l...d rA. Paw.• •..iwr rA. 6-lot rr.,w...1 .Pal p.•. -. A.---, except as aforesaid, and current taxes. IN DYTA'FSd If HERF.IJf. rA, rd .ed'~ a&— Orrirrn.. XV-4 W-W ewd d.Ii.. r..1 iw p►rrwr. wf r. Trustee tL.tl y ffor Anderean. _J5..11 STATF. OF FLORIDA, rovvrr orb DADZ I HFREhr CERTIFY rAr r .Air d•. Pa......yr .rr.er„d b�/_ r.• r, .>�,.► ��• arrAw•.,..J Paw ` 1.. iw. r• .w Who .+d mi. ar►ww..J.d�....wr1 Clifford Anderson. Trustee, r• av "a Arran r• b• rA. p..rw, dwr.tb.d M wd e.A..s.rerwd rA. /ergeMa deal Paw/ a ►ww.J.da..1 A• /.n r. ghr rA" ----d rA. r.r J...1. r.l r lrrc:a..J' f.r the '.....'k r ie.rr...rd. IM ff T%ZM I/IEREOF. 1 A..ww,• Par wy A-d •wd .0_d Pa.I �.i C•wwr� d 5... •, 1111fFr ° A. D. 1963. rA4 my C—iw- '•. sue`. ` / r NOTa1tZ,l�i osti{. isfi{i: ; i w r le. 1%4 0 r. q.wrr r �rGn a"- '�sAwwsrMrc�of VIL I. KI- 3 -2V 0 2003 pll. Sr.,5 iR Warrantp ;9eeb &« 148 1•r-E 273 r, 7l! Tu /wd•,rrrr., 11.1. lhi. - _ A■r w�. A V G1 d J )/ . A. A. ►Ml. A III:MFEN Clifford Anderson. Trustee .rl Wads— m A. Srw. wf rt—.4L P■ni., w/ oh. #^ p.rn. ■e1 Ran• R. Trelor and endarV- Prayer, husband and rifes u an estate by the Idlerlld Country Club noeemoor. Ill LAOIS .A. v.aw1 r R !T\ P.x%r . TA ■, rA. rr•1 rwnin w1 IA. NN (awn, J,rr ■wed ,w r.wrd reri•w wl d. rr T.■ &J. Iwr. wed .rAr. relwM. r.r. »d.vw/r.wr rn rh.w iw hwd pd Ar Ih. I■n.1aa_wl rA. w•.w1 pen. PA. r.• An. lr—f-L l wrro,w.1 w1 _W r.. rA. rid'wnla11 .4 Phi, ....r1.1 p.rr, tdair _ . A ^r• .w./ w"'www• J___, rA. r.Jl..+,we d.•rrrh../ Iww1. airrwr.. f. iwR, w.l h. rw■ .w rAr I •rwn11 ..I I .Jfn+ wed .Nwr..d I brrle rx,r it The Vest half of the Southeast quarter of the Southwest quarter of Seotlon 30. Township 48 South. Range 26 East. Colller.Countj. llorldai r9cordt and SITUJF.r.T to existtng reetriotublia road reservations ofoeer and werose SuDJtCT to an easement for p gh the South 30 feet thereof. ro.. iriawio;i I.na.x. Lr�r.rti ■. Iw.f ,A. .w.•1 l... n....l .F. pro l...r .l.� F..• A. Irlly ..+..wwr 1" 11r •...J 1w 1. w..! 11 rh. rn. rlr. r..r.,r,l. »...I,ll r.r..•x.••F...x «•...,. sxeept a aforesaid and current taxes. 11 A•.... n,., ., rA.•ir l.,wJ. rw.l wrlrA—A, 1 / G1!ffo d Anderson, Trustee .'. _ .. ... /_ ..._. .- � - -- -- -- � - -- -- ... _. •.•well �rrll „1 1rnNrn1,,ul \I1 •rl TijMM DADE I IN NI Itl , I Nll! 1 .A,r �•» .,, .. L.• I ».. +•dl. »,q. wr•.l I » -Aw. m.. wen ••,a.•r dnl, wx,h•rr,•d rl ».- •..rn•......,rn..•.f.,i. »i....,.,..f Cllfror,l Anderson, Trustee, r., ..•. r.. 11 l n..... r.. I» •l.. 1. ........... ..... .......l •. 6...... »r .1 r b Ir...pr.w, J.+.l..wed w. Awn«l.,Ir••1 M �.... •.. ,!•..r rA.. •. .•r. �! . /.. .... ... !. ..•.l r..l ..n .r.f. .. rA• !» r!.•.. fAl Slab Ilw"'•"'I 1 \ tl l l \! I• II fit III ..I I ... ., � ... ,.r ».t ...! .. M....I ., n! wr I A, h, bon 3 NOTAJIIAL SEAL H%4E •.. ... .• r. .•. �Ma11f�•r'r l 1 ',, Art .. ,I,.r. Ksr3 -27 r. d t...w r'eu• [OWN firT 4 2003 , F ' sr,55•1 148 271 Warrantp 3 ccb th-leto .1 rl-ids, Pero.. 4 JAI. fiw Pe". •.4 .J IA- U-0o►14 Ali SAO qftft of rhwhdlL P-, .0 ff ITN p_r" «l Peer fi,w p.,*. 0•• -d . -f th. — f T- lint. ..,, ..h_ m $A,_ ,, Art./ p..d h, #A. p." rA, —4 imn. A, r•. Per -14 1. th, 0.4 pvime 7 -- .1 M. . d—h.w 1-d. P-M. -f A.4.6 (.Jb- r.A S,-, •4 0 f-We F-it. E '//4 NECORDED 011ri•-Al ""ll, COLL 2 'CVr I AJMP SCAM W ..4 .11 J. 1..d A. h.• I 1 .4 J1 1% It 11 NP IF lip pilot •.• A, I I fit rmzah Ill Rf.)fl (� ED) AGEZA ITEM -CT 2003 Pb r) OFF 14 4 240 i?EC 884930 arrantp 3eeb NMCN RECC -ROF 0 F FTt1RN TO TAMIAM, t. t ••,'err 7 f P. 0. but 14:,'' j.•-Lla FLA. Thu /ndrrtture..11ede this ` day of �A.' a A. D. 1961. nETWEEN Clifford Anderson, Trustee, of the County of Dade _. in the Sure of Fl.rids, parties of the first pein. and Arthory Y. DeKOte 1770 N.E. 137th Terrace North Miami, rloride of IAe ( "WRIV o1 Dade in th. $pate rrJ Fln►ida, pony of the s►rrrtd part. R'ITNFALSETH. Thal tAe I.d pans'. of she first pert. fnr and in r.pnsidereli.ws of the pump mf Tem Ord- en end Wher polumble Conud►rwjowr in them in hand psid by the Par of she s►COnd pert, the or, .'ape risrrrmf is h►rrhy erAts.4rdRed. hat, Reeml.d. berRainrd and sold to the rid pan 1 of rhr *r .Ful port, his heirs and astiRns. for",er. the 1,41 --inR d ►srnbed land. talus+ ►. 1yinR, and bring am thr Cursory of fu,a," end Stets of Florida Isutit: The went half of the northwest juarter of the southeast quarter of section 30, Township 48 South, hAnge 26 East' .,TrS77CT to existing restrictions and reservations of record; and ,;UPJIICT to an easement for public ro'+d right -of -way over and across the north 30 feet and the west 30 feet thereof. RECOPIE0 OFFIC'AL :`_'7RO SOCK f�at!..o��y wwwrw�r C m t r; r, ,,• r L. Jux Z 9 2 29 PH 13 CAR 1ARL: T ;'nTT 1 C:"ls .r Ci, 'vi" COURT And the rid prows of the Par parr do hsrr67 fully 4vrmnr sail, to acid fend, end .aril d,-fend the "Fate assin9 the lawful r1eipns,.1 ell p.rsoms r�howseo►a+r, except as aforesaid and current taxes. I;V JFJT "'F.SS R'11F.RF.01". the wd parties of the firer Pert heretrn►o r•t their heeds end sae's the day and "mar obo, nitre". siRmmd. We" onJ drlit,rrd in jwvww w of us: r C ord ndarson, jrustaa STATE OF Fr�ARwA. COUNTY of � I'�I7E I HEREBY CERTIFY that ew this'Asy Personally ePP"red bmfore mtr, on oQir,r duly `suokorismd to odmtinwe► oesho and mAw orknesoledRessomts. Clifford Anderson, Trustees to mar toil knows to be the pmrwws sla r.sbed in and take rserut «t the /erepoinR dared, and arknosrl►dged be. lore me their I" executed thr some /►writ and wlrntorilr for the PrrPne► th1►rin rspr,am Mami IN WITNEW WHEREOF, I hereunto .w mtr Aand end Of el east u 1NPW said County end Sears, this Z �tlorof .TynJ A. D�. 1194.1. ^F AfZqssl;�Al oroP:ese- ,. o � 1�T0?jRIAL SEAL YWRa __ .. t YAnpMKT f. 100U FA AGENDA ITEM OCT 1 '+ 2003 pg. / tom- �.. +..�..�r.�rr.r► er+rrwrw w.,r.�wr+.�. -w „o., yr. `Q 'J3575 F<< 165 inE 147 ..lat-rartp 73ro 3c ft, TAn lwd...err.•, 1la.l. oh., _ _ --- .lar n/_ l /a rc I7 . A. D. 19A llf.TR'KE,V Clifford Ai.tler.on, Trustee rnl l 1 At , rw #A. Srat. nj it r•id< p+tU.o e/ rA. Jiry and JAck D. Eames P+n 2531 VIE- 10th Drive Galnesville. Florlds n1 ?�t6WAP_%.R __"X.XAXxAjrCtw & P.,tg_ —e/ th.."Id rrs. R'Ii,r.0 \F :TII. TAU th, I Ps.r_ n/ tA. Jira pan. /w ud iw rnwrd.r.ri. n n/ rhr wwr of T.n 1)4. tars an.l ,.rA.r rrluaAlr r..w.ud.'ru,.r.s fn t,%,- .w herd pa.d 6r oA, p -n��n/ th. 0 to parr. tA. r.. r, -il.t I-A,•r..,/ is h.r.6r .r k, f.,/.-,•,l. Aar. xr"w , b.,le. -.•d and r.td to tA, w.d parr? o/ lk. s....nd pair. h 1 s h..rs and o-gnL /er.,.•r, th. /nitnr x d••r..lw.d lan. /. s.trar.. i.inR. aw.! A.•rnt iw th, (-..unrc ../ ar.d State n/ Ffa.rla ro.rie: The East half of the Yorthwest quarter of the Southwest (rierter of Section 31, Township 48 South, Rance 26 Fast; St"_A to ex;etlr.p r ^strletlons end rAser,s:lo-s of record; Rnd S173JL to an Psnenant for p,-bllc road r1t:ht- of -way over and acroms the North 30 feet thereof. An,f th, snid p-rri.•. ,.j th. firs pan An A.rrAr /WIN rvroar ttrt. 1. w,d fond, and wdt d./. nd 106. sate. ',"'A. I"1"1 rfwim... -'1 p. Ao.n .., exempt as afore 3a I and ctlrre n taxes. I \ Il•I f %E." R7fLl(l:r)i, rA. _,.1 parrs., ./ th. firs pot A.rwnrn _1 IA..r 1nn.1. and unto th. der ..,.d VP 46M, r'al.4L �. >w. d, ..ntw/ a...i .1.•fir.+..l iw pr.-.wr� n/ v: , CYl�ford kn"derson, Trustee UI' rnt. IJER t 1111T 1.'ff} t Fltl!! 1 tAar ,.w rA...lr P..r.natfr app.•or.d A. /nr..r., an ..�lir.r drfr artAnri crd /a w.l...,n,.r.- r...rh. and r*A.•arkn.,r l..IR.-- .. -wra, Clifford Anderson, Trustee, r.. w.� r.11 kaws.n rP A. ?A. P.•rsuas d.rr." in o-1 r.14 .s..w.d $A. /,r.7,.ia4 d-. 1. and orkno- d.dRrd 6a. NA-0 th.l .s.+rt.d th. ww.. /1..1, and ..si rwtanl. pw th. pr.pm I thw.wa .spr►r.J. ! �Rf.1T�N VlQi R 11FRf:l)i, 1 A... . _. my hand aw.l - 0i.i01 rd at %op1.A w.d C..rnh and $tom M SAO iii. SEAL REF.E -'.• 'L 0.4.x• •.:. .� ` r . w ... o oar- ....u�aa O.•* M Cwr.Q Ca.A n I 1 L� t1 f I I t I C v mo. /G 4 j OCT 14 2003 Fig - /P STATE FLORIDA TAA t• �i)1 ,00= r -� • � Al • � � - — L'v .. t! V An,f th, snid p-rri.•. ,.j th. firs pan An A.rrAr /WIN rvroar ttrt. 1. w,d fond, and wdt d./. nd 106. sate. ',"'A. I"1"1 rfwim... -'1 p. Ao.n .., exempt as afore 3a I and ctlrre n taxes. I \ Il•I f %E." R7fLl(l:r)i, rA. _,.1 parrs., ./ th. firs pot A.rwnrn _1 IA..r 1nn.1. and unto th. der ..,.d VP 46M, r'al.4L �. >w. d, ..ntw/ a...i .1.•fir.+..l iw pr.-.wr� n/ v: , CYl�ford kn"derson, Trustee UI' rnt. IJER t 1111T 1.'ff} t Fltl!! 1 tAar ,.w rA...lr P..r.natfr app.•or.d A. /nr..r., an ..�lir.r drfr artAnri crd /a w.l...,n,.r.- r...rh. and r*A.•arkn.,r l..IR.-- .. -wra, Clifford Anderson, Trustee, r.. w.� r.11 kaws.n rP A. ?A. P.•rsuas d.rr." in o-1 r.14 .s..w.d $A. /,r.7,.ia4 d-. 1. and orkno- d.dRrd 6a. NA-0 th.l .s.+rt.d th. ww.. /1..1, and ..si rwtanl. pw th. pr.pm I thw.wa .spr►r.J. ! �Rf.1T�N VlQi R 11FRf:l)i, 1 A... . _. my hand aw.l - 0i.i01 rd at %op1.A w.d C..rnh and $tom M SAO iii. SEAL REF.E -'.• 'L 0.4.x• •.:. .� ` r . w ... o oar- ....u�aa O.•* M Cwr.Q Ca.A n I 1 L� t1 f I I t I C v mo. /G 4 j OCT 14 2003 Fig - /P . 9,13s73 RU E165 -145 llarrat.tp Deeb i'C 17 A.O. ►re IL. TAr+lndrnrrrr.!7+f.•rA,.__ nr :r7steer Iti.fitEF.\ r11rrer•f A..: Cn l 1 A, 4 f . r _ _ _— +w rA. irrr. wJ Fl.nda p.mH rl rM Jir.r prrt• +w/ . C.... wn ..(___ Jnai U. ,'ur ?:)1 •i Drive _ Jli nAJ�.11ir11V>yr�s IrrrZ - -wj rA. ,..nwd p.s. rgtA.xelnuJCxff _— ' W IT.\!:j.SFTM JAW A- rrd prrr✓• nl rhr Frar pvr• j.r +rwd r rww•wIH.rNw wj rM rrr �„ rA w hrwd P..1 M A. pnH� —r( rA. rrwwd for nnrl nrAH r. /rmbl, r.Nevd••rwn.rwr ro rA.wr r r.•.p NArrr.,j it A. r•hr r- Lw•r+.f..rfRrd. A-. p.wrrl frr/r.w.d rwd r" I. rA, rid pv( j of rA. �_ Arrrr. I r +nRrr•. Jrrnw., rAr f..fl.wrrw� dwriArd I.rvl. nrrr.rr, I• iwrt. rnd L.iwa iw rAr f'rrnrr nj C.df:rr rnd Srwrr r( rlrrwk r- w: The Welt half of the Southwest Sc h Ranree26oEast; SL3.7ECTsto4existir.gf :section 30r Tcv- s:11p 4 re -vtri'7 r.s and re irrvatlors of record; and the Wes CoOefeetsthero- f or p c road rl: r.'_- of -wa] o rer and across the West 3 Orl. rC•R ECC9rtrf► Ile Scuts ]0 feet thereof. CC L;E At,"C[�wjd s��t s9 PN '6V SC: ►► f TATC er FLOI PtDA •�tMP fAX 8 Q �? In•1 rAr r:d pnrri.•r •f rAr JSr +r parr •fr hrr.M lrl ►r r.nrwr rNlr rw rd LwJ, .wl tilt •bfrwd dr rrw• ^"° wrr rl.r In+•I•rl .lmrwr ^f of P' ""'• "A "w'r"r"r' except as aforessld and current taxes. •rr IN lf' /! \I :C1 N III. laor. rhr rrd p.n,H .1 'A' Frr' poll Arr.wrr rr eAr.r Awvi+.wd +rub rA. d.• wn•1 +rwr nArrrr rrirr.w. Crrw.rl. N•nl..l rwA rfrlirrrr.f iw prrrnrr el r: • ✓� t r - _ /f� l 1 C1' rd eraon. Trustee f/ .r o r fn r0)RIr• 1. ff711.N11 Or LYU.IJEA rQirrr ddr rwrAr rirr.l r. 1 ll£Rf: IIY f VRrtrl• th-i ww rAr• d.• prrrrw. /f• • ►pr•r^/ L'rIr^ wr, rw «rrn.wi.rr r.wrh..wd rnlr .rLw.w•l.dvw.rwn. Clifford Anderson, Trustee r ro rwr +.. 11 lw.rr w n. ►rr• rAe prrr.wr Jrrr:Arad w +wI Y AO •rrvrr.d rM Jr►.piwa dr.d. r••i rrLwsr�wi� M• fwr rn, rA.r rA.� r.rrrrrd rM rn•. frr.•ir +rwd +elrwrrrJr j^r rM pwrprr rA.r•rw ♦rprHrr+L 1\ U!T \i :,t R ll /.- R► :Or, l hHH,wrr r w•► A.wd rr.d nAGr+.! •.•rI r .\spit+, rwrd C•wn17 rwJ Sr.r.. LI - A. D. leelL.. rIA� = � /r!'www+u•rY rrprrH: v hl �%� /+fri 1: G.-� &;.,T tAL SEAT• �,....•+r.r"� .. \ IMwrJJrCt t. sCOT� • (err• rr CraA c.rrr i r I I AGENDAI NO_ � 1 OCT , 4 2003 pg. n LF rES —R — 11 � Iz ii I I II 1 I I n z I I S N -C NTURY –RD– II II II C o�wrs£DA� �o ILAKESL ! I�cT ESC �p1 Ai�J1— RErS�y� ✓LLi`r--- —�r--- -------- ^------- -- �_ Il - - - -_ —_ ° �rb:« o: W ° : IMPERIAL GOL t it z ;,nER 91'C JP9T/�TE I ,-, III 'FC-.-i��J,10:10�F0��UtnUFi�I I k7.}o'e': cr C� sweos�owr nouarit �'ASf -#y. ?T W j 17 JarP 1x >i�t 11 RE —L IMPERL —G LF I 1 JyPLK �` 1 I R pR INE IA a3 (GOLF �•LDUILtL' „II RU1L— a I \\\ IMPERIAL WEST FIC.Ou SE At ASS i'a►. "_ 'PARK RIVER C �J1Q a SHORES I QS /<� } IryyIL LOUGHBY P CEL i ,F`' <i�LlP1A:rV a •, It NEMAGE_wAr t I r w F 41 way -fir �I " ECOO� PAL.A RIVER _ y C1 = I > wI L W\ICK ORES =iQ MENTOR < ERIE- PINES l MADISO��i• pR IL24 • 2S C�oO 'k) a KIN 9YA KIR 'IN W` —�� -- 1! CCCOHA OJ �'J QpP DR VIEW j MEN��p Fl— ESTATE t S / JOHNNYCAKE Cz IL U S WILLOUGHl __O �;gwopo I RIVER AES WICKLIFF - u�LDq_Y WILLOUGHB UNiY LU GARDENS I REGENCY w AT S L.A. ri WI I I VILLIAGE ►I ,w VOA I - PIPER —B V #iREGE r P K � p I _FwI lDU rrAT,LIN I )• :.Ella RLINGJ o S tmsys.rrj - AVE W glkj l— 27 /I� Q 1 E55 s II t a aa - �QUAIL W II z ESTATES i o tiE wvE ''s V CTORIA PARK 3 MD— EPT F �y �yw1Np50R v Q%EEI_ AVE II wwr o I-�°;� TNGTON j r T ^uu NORINpr1 u K� t FOUR o vicroa �rER � �` \ I I , :(N I SEASON eo � �� x° "-- VE A DS - I CLARENDON CT 0. AVE D ; O E0.VD cc ` O _ II 31 75 35 36 31 HICKORY Il r pEI \ \ \ DR CARICA�R y -- VANDERBILT BEACH x 862 >./ I I "'LL STREAM D PF . D i JEL STREAM R\ A PINE I GE 3` tr. 17 P PIL _j I [1 h _y I 7 Al 1 II i i `- Ar 3 ORANGE BLOSSOM —DR RANGE — BLOSSOM 1� 99� Da 0 $ < DR ER Fgp ¢ TH NY —DANIELS RD— L r stE I Ly Q CT J /EDGE �NIA- 1A.1. �(J .p RR)LiE FAR1 MAH� OGANY —T ,I \ J) TE MPLEDR _ HUNTERS RD— J DR NORTH —n N o r t h J C B a 3 PINE RIDG Jl LVD Q NtER Naples 0 v~i ` < Ji SCNOOL.BVS.Rp I' J 2 J I J TAIL PINES 4TN A SVVJ > Or PO/ 11 I SA 1 JAC z 12 1 N = n Dwr+uAr UI I I d 4R 6 I =U PAaY E ul � RIDGE its 2! 1 32 AGENDA ITEM No._ /G A OCT 1 4 2003 pg. ,2-- a =. --m: ElUrfaliAlan t: Friday, May 23, 2003 9:19 AM 10: grigg_r Subject: RE: Hi Rick, This is to confirm that Transportation Planning and Alternate Transportation Modes Departments Have no objection to the aforementioned vacation. - - - -- Original Message---- - From: ElUrfaliAlan Sent: Monday, May 19, 2003 2:59 PM To: grigg_r Cc: GarciaGregory Subject: AVESMT2003- AR3920 Hi Rick, I have reviewed the Executive Summary language for the above petition to vacate, please replace Greg Garcia's name with my name in the executive summary approval section. If you have questions, please call or e-mail. Thanks. 'klan S. El- Urfali, E.I. i ransportation Planning Department 1 AGENDAI `' �-_ 1� i OCT 1 4 2003 COUN10 1. l_ „ 99 ju-JR 12 P;1 2` 1 MEMORANDUM DATE: March 10, 1999 TO: Cindy Erb, Public Works Engineering Technician Public Works Division FROM: Sandra Taylor, Direct Real Property M e t Department RE: Proposed North Naples Regional Park Request for "Letter of No Objection" The Collier County Parks and Recreation Department is proposing to acquire property as shown on the attached map for purposes of developing a regional park facility. It. has come to c•,, attention thaft "subject to" language was contained in prior deeds for portions of the subject property. The exact verbiage is as follows: "subject to an easement for public road right -of- way ". No existing public right -of -way exists within the easement area described nor is it the County's understanding that an easement was to be provided for public use. Although we do not believe the "subject to" language created any easement interests for road right -of -way, we will be vacating any potential rights in these "easements" in order to clear title. I am requesting that you sign below to acknowledge that you have no objection to the vacation so that I can advise the Board of County Commissioners accordingly prior to closing the above transaction. Please indicate that you do not object to the vacation of the easements by means of signature below and return the same to me prior to March 26. 1999. Please do not hesitate to contact me if you have any questions on the above. Please immediately notify me if you believe you have an interest in the right -of- way. Thank you for your prompt response to this matter. The undersigned does hereby agree to have no objection to the proposed vacation. By: Title Prir Title AGENDA ITEM No. ,& A , OCT 1 4 2003 pg. W-7 DATE: TO: FROM: RE: MEMORANDUM March 10, 1999 John Houldsworth, Senior Engineer Engineering Review Services Sandra Taylor, Dire Real Property Ma t Department Proposed North Naples Regional Park Request for "Letter of No Objection" 0 RLTcE,VED MAR 16 1999 REAL. PROPERTY MGMT- The Collier County Parks and Recreation Department is proposing to acquire property as shown on the attached map for purposes of developing a regional park facility. It has come to our attention that "subject to" language was contained in prior deeds for portions of the subject property. The exact verbiage is as follows: "subject to an easement for public road right -of- way ". No existing public right -of -way exists within the easement area described nor is it the County's understanding that an easement was to be provided for public use. Although we do not believe the "subject to" language created any easement interests for road right -of -way, we will be vacating any potential rights in these "easements" in order to clear title. I am requesting that you sign below to acknowledge that you have no objection to the vacation so that I can advise the Board of County Commissioners accordingly prior to closing the above transaction. Please indicate that you do not object to the vacation of the easements by means of signature below and return the same to me prior to March 26, 1999. Please do not hesitate to contact me if you have any questions on the above. Please immediately notify me if you believe you have an interest in the right -of- way. Thank you for your prompt response to this matter. The undersigned does hereby agree to have no objection to the proposed vacation. By: Title: Print Name: 3oNe.� l�oulc� -two i t1 Title: SC.�t\ 0 2 F--L, C, 'ACT 1 4 2003 Pg. 073 • DATE: March 10, 1999 • COUNTY ,r IC WORKS MEMORANDUM 99MkP%12 PM2 :11 TO: John Boldt, Director Stormwater Department FROM: Sandra Taylor, Dire Real Property M e e t Department RE: Proposed North Naples Regional Park Request for "Letter of No Objection" RECEIVD E MAR 15 1999 REAL PROPS W MGMT. The Collier County Parks and Recreation Department is proposing to acquire property as shown on the attached map for purposes of developing a regional park facility. It has come to our attention that "subje to" language was contained in prior deeds for portions of the subject property. The exact verbiage is as follows: "subject to an easement for public road right -of- way ". No existing public right -of -way exists within the easement area described nor is it the County's understanding that an easement was to be provided for public use. Although we do not believe the "subject to" language created any easement interests for road right -of -way, we will be vacating any potential rights in these "easements" in order to clear title. I am requesting that you sign below to acknowledge that you have no objection to the vacation so that I can advise the Board of County Commissioners accordingly prior to closing the above transaction. Please indicate that you do not object to the vacation of the easements by means of signature below and return the same to me prior to March 26, 1999. Please do not hesitate to contact me if you have any questions on the above. Please immediately notify me if you believe you have an interest in the right -of- way. Thank you for your prompt response to this matter. The undersigned does hereby agree to have no objection to the proposed vacation. By: r— tv-� -c Title: Print Name: -Tv ff-tJ )904---P7- Title: AGENDA ITEM No.1�A I OCT 1 4 2003 ft. 11.2 0 0 COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DMSION REAL PROPERTY MANAGEMENT DEPARTMENT March 10, 1999 Don Hunter, Sheriff Collier County Sheriffs Office 3301 Tamiami Trail East Naples, Florida 34112 Re: Proposed North Naples Regional Park Request for "Letter of No Objection" Dear Sheriff Hunter, ► 6 ►M CN`EF 3301 E. TAMIAMI TR. NAPLES, FLORIDA 34112 (941) 774 -8991 FAX (941) 774 -8876 alproperty @colliergov.net RECEIVED MAR 2 4 1999 REAL PROPERly MGMT A CERTIFIED BLUE CHIP COMMUNM The Collier County Parks and Recreation Department is proposing to acquire property as shown on the attached map for purposes of developing a regional park facility. It has come to our attention that "subject to" language was contained in prior deeds for portions of the subject property. The exact verbiage is as follows: "subject to an easement for public road right -of- way ". No existing public right -of -way exists vJthin the easement area described nor is it the County's understanding that an easement was to be provided for public use. Although we do not believe the "subject to" language created any easement interests for road right -of -way, we will be vacating any potential rights in these "easements" in order to clear title. I am requesting that you sign below to acknowledge that you have no objection to the vacation so that I can advise the Board of County Commissioners accordingly prior to closing the above transaction. Please indicate that you do not object to the vacation of the easements by means of signature below and return the same to me prior to March 26, 1999. Please do not hesitate to contact me if you have any questions on the above. Please immediately notify me if you believe you have an interest in the right -of- way. Thank you for your prompt response to this matter. Sincerely, ---� Sandra Taylor, Director Real Property Management Department T e Ksereby agree to have no objection to the proposed vacationBy: Title: Print Name: *'��`J Title: AGENDA ITEM i NO. & A t OCT 1 4 2003 Pa. "2s- FPL March 15, 1999 Ms. Sandra Taylor COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DIVISION - Real Property Management 3301 East Tamiami Trail Naples, FL 34112 0 Florida Power & Light Company, 4105 15th Avenue S. W., Naples, FL 34116 Re: Proposed North Naples Regional Park Dar Ms. Taylor: RECEIVED MAR 17 1999 REAL PROPERTY MGMT. Thank you for your letter of March 10 regarding the above referenced property. As stated, prior deeds to this property contain "subject to" language that refers specifically to "an easement for public road right -of -way ". Since no reference to utilities, public or private, is stipulated, FPL infers no rights or interests in this regard. We, therefore, have no authority to object or not object to any legal status of the "easements". Please advise the Board that FPL is not a party with interests in any closing transactions. We do appreciate the early notice of this project and are able to make some preliminary planning decisions on how to accommodate the project. If you have any questions, please do not hesitate to call meat 353 -6004. Sincerely, Chris Philbrick Construction Services- Senior Engineer CC: file AGENDA ITEM mo. /G A OCT 1 4 2003 an FPL Group company I pg' .26 Ik9 COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DMSION REAL PROPERTY MANAGEMENT DEPARTMENT March 10, 1999 Mr. Donald Carter E & C Manager Sprint United Telephone - Florida P. O. Box 2477 Naples, Florida 34102 Re: Proposed North Naples Regional Park Request for "Letter of No Objection" 1A,g51617 7g 79� g 3301 E. AMI R. T NAPLES, FL (941) 774 -89 FAX (941) 774 -8876 realpropeny@colliergov.net R E C E I VE D 4 CERTIFIED BLUE CHIP COMMUNITY JUN 0 9 1959 RF 'L Mono MGM `. Dear Mr. Carter, The Collier County Parks and Recreation Department is proposing to acquire property as shown on the attached map for purposes of developing a regional park facility. It has come to our attention that "subject to" language was contained in prior deeds for portions of the subject property. The exact verbiage is as follows: "subject to an easement for public road right -of- way ". No existing public right -of -way exists within the easement area described nor is it the County's understanding that an easement was to be provided for public use. Although we do not believe the "subject to" language created any easement interests for road right -of -way, we will be vacating any potential rights in these "easements" in order to clear title. I am requesting that you sign below to acknowledge that you have no objection to the vacation so that I can advise the Board of County Commissioners accordingly prior to closing the above transaction. Please indicate that you do not object to the vacation of the easements by means of signature below and return the same to me prior to March 26, 1999. Please do not hesitate to contact me if you have any questions on the above. Please immediately notify me if you believe you have an interest in the right -of- way. Thank you for your prompt response to this matter. Sincerely, �Q Sandra Taylor, Director Real Property Management Department The undersigned does hereb agree to have no objection to the proposed vacation. By: v Title: Print Name: LJ �s C• �� G �O ^' Title: AGENDA ITEM F ►o-__& g_ OCT 14 2003 PC- .2 7 t t ��µ' �'-'c` :jam �� Y � �� r • ;�f - EXECUTIVE SUMMARY APPROVAL OF AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY HOUSING AUTHORITY (CCHA) FOR THE ADMINISTRATION OF THE TENANT -BASED RENTAL ASSISTANCE (TBRA) PROGRAM FOR THE PURPOSES OF PROVIDING INDIVIDUAL HOUSEHOLDS WITH ASSISTANCE FOR THE PAYMENT OF RENT, SECURITY DEPOSITS, AND UTILITY DEPOSITS. OBJECTIVE: Obtain Board's approval of agreement between Collier County and the Collier County Housing Authority (CCHA) for the administration of the Tenant -Based Rental Assistance (TBRA) Program for the purposes of providing individual households with assistance for the payment of rent, security deposits, and utility deposits. CONSIDERATION: The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2003 -2004 for the HOME Investment Partnerships (HOME) Program by Resolution on April 22, 2003. The Collier County Housing Authority (CCHA) is the existing provider of U.S. Department of Housing and Urban Development (HUD) rental assistance programs. TBRA is a HUD HOME rental supplemental activity and is structured very similar to the Section 8 rental program. CCHA has extensive experience with federal program regulations. FISCAL IMPACT: Collier County has received U.S. Department of Housing and Urban Development (HUD) funding for eligible HOME projects. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County's Housing Element to provide affordable housing. RECOMMENDATION: That the Board of County Commissioners approve the agreement between Collier County and the Collier County Housing Authority (CCHA) for the administration of the Tenant -Based Rental Assistance (TBRA) Program for the purposes of providing individual households with assistance for the payment of rent, security deposits and utility deposits. AG i'' �- NO. .cr 14 2003 P9. f SUBMITTED REVIEWED BY: — Lee REVIEWED BY: I --T y H. Denton Baker, F it Coordinator >–� Date: - 5 c" al Grant Manager Dater Director APPROVED BY: 4-lo,nh -�-� . Date: �2.�G O K. Sc itt, CDES Adm�mstrator A G=Al A OCT 1 4 2003 pg. AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY Catalog of Federal Domestic Assistance #14.239 HUD Grant # M- 03 -UC -12 -0217 THIS AGREEMENT, is entered into day of , 2003, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the Collier County Housing Authority, a public body corporate and politic of the State of Florida, pursuant to Florida Statue Section 421.01 et. Seq., having its principal office at 1800 Farmworker Way, Immokalee, Florida 34142 and with offices at 237 Airport Road S., Naples, FL 34104, and its Federal Tax Identification number as 59- 1490555, hereinafter referred to as the "'SPONSOR," collectively the "Parties." WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Housing and Community Development Act of 1974, as amended (P.L. 93- 383)( "ACT "); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2003 -2004 for the HOME Program by Resolution (2003 -156) on April 22, 2003; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2003 -2004 for the HOME Programs and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the HOME Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: Collier Count }' TBRA agreement P o. Al N OCT 1 4 2003 Pg. 3 I - Definitions (1) "COUNTY" means Collier County, and where applicable, its authorize representative(s). (2) HOME is hereby defined as the HOME Investment Partnerships Program as described in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839. (3) "FAH" means the Financial Administration and Housing Department of Collier County. (4) "SPONSOR" means the Collier County Housing Authority. (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) `Project" means the work contemplated to be performed as set forth in Section III, Scope of Work. (9) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the SPONSOR agrees to accept as payment in full for all the professional and technical services rendered pursuant to this Agreement to complete the WORK as further defined in Section III, Scope of Work, hereof. (10) "WORK" - is hereby defined as all the professional and technical services to be rendered or provided by the SPONSOR as described here. II — Term The SPONSOR expressly agrees to complete all work required by this agreement in accordance with the timetable set Forth below, ,� hich will be considered the compliance period. .11Iilestone Deadline Project Start Date 1010112003 Interim Milestones/ Deadlines (list below): 50% Project Completed 3131104 100,70 Project Completed j 06/15/04 During this compliance period, the SPONSOR will assure continued compliance with HOME requirements. For rental units, this includes ongoing property standards. occupancy, and rent limits compliance. Timely completion of the work specified in this agreement is an integral and essential part of performance. The expenditure of HOME funds is subject to Federal Deadlines and could result in the loss of the Federal funds. By the acceptance and execution of this agreement, it is understood and agreed by the SPONSOR that the PROJECT "ill be completed as expcditiouslV as possible and that Collier Count,, Housing .Authority TRR_A OCT 14 2003 P &. the SPONSOR will make every effort to ensure that the project will proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of HOME funds. Since it is mutually agreed that time is of the essence as regards this Agreement, the SPONSOR shall cause appropriate provisions to be inserted in all contracts or subcontracts relative to the work tasks required by this agreement, in order to ensure that the PROJECT will be completed according to the timetable set forth. It is intended that such provisions inserted in any subcontracts be, to the fullest extent permitted by law and equity, binding for the benefit of the COUNTY and enforceable by the COUNTY against the SPONSOR and its successors and assigns to the project or any part thereof or any interest therein. In the event the SPONSOR is unable to meet the above schedule or complete the above services because of delays resulting from Acts of God, untimely review and approval by the COUNTY and other governmental authorities having jurisdiction over the PROJECT, or other delays that are not caused by the SPONSOR, the COUNTY shall grant a reasonable extension of time for completion of the WORK. It shall be the responsibility of the SPONSOR to notify the COUNTY promptly in writing whenever a delay is anticipated or experienced, and to inform the COUNTY of all facts and details related to the delay. III — Scone of Work The SPONSOR, in close coordination with the COUNTY, shall perform all professional services (the "WORK ") necessary to complete the development and occupancy of the following project in full compliance with the terms of this Agreement: The Collier County Housing Authority (CCHA) will administer the Tenant- b;_lsed Rental Assistance Program (TBRA) for the purposes of providing individual households with assistance for the payment of rent security deposits and utility deposits. TBRA will be modeled after the. Sponsor's existing Section 8 Housing Choice Voucher Program. The maximum amount of funds for the security deposit may not exceed two months rent for the unit and can only be applied for by the tenant. A written agreement regarding the terms and conditions of the security deposit must be developed and submitted for approval to FAI -I prior to implementation. Utility deposit assistance must be provided in conjunction with a security deposit or monthly assistance program. In addition, the utility deposit assistance may be used only for utilities permitted under the Section 8 utility allowance. ** * * ** *NOTES° "* At least 90% of the total clients assisted must be at or below 6010 of the area median income for Collier County and the remaining 10 %? can not exceed 8017e of the area median income for Collier County. It is understood that the SPONSOR will provide a specific working budget and realistic timetable as relates to: monthly rental assistance, security and utility deposits prior to any fund usage. Said budget shall identify all sources and uses of funds, and allocate IlONJE and non -HONJE funds to activities or line items and shell he submitted ',within thirty ( 30) days M the aqgeement approval. Collier County fbasin_ _authori[v TBRA Alareement I)kGENt* OCT 14 2003 Pit S IV — Reimbursement of Expenses & Fees A. The SPONSOR shall be paid by the COUNTY for allowable costs determined by th COUNTY, in an amount not to exceed One hundred ten thousand dollars J$110,000). $100,001, for Tenant Based Rental Assistance (TBRA) and $10,000 for project delivery cost. The project delivery cost based on ten (10) percent of TBRA not to exceed $10.000. B. Project expenses (excluding delivery costs) shall be paid based on vouchers for actual expenses incurred or paid. Requests for payment must be submitted by the SPONSOR by the 30`h of each month in forms specified by the COUNTY, with adequate and proper documentation as defined by HOME Program Regulations, of eligible costs incurred in compliance with 24 CFR92206 and necessary for HUD Integrated Disbursement Information System (IDIS) disbursement requirements. Project expenses will then be reimbursed to the Sponsor within 15 —20 working days if there are no extenuating circumstances. All such expenses shall be in conformance to the approved project budget. Budget revision and approval shall be required prior to payment of any expenses not conforming to the approved project budget. SPONSOR shall receive as project delivery ten (10) percent of the billing costs but not to exceed $10,000_ C. The COUNTY reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The COUNTY also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by HOME regulations is provided. l it D. The SPONS, �-, may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the COUNTY has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with HONJE regulations, including submission of a completion report and documentation of eligible occupancy, property standards and applicable restrictions. Said determination shall be made within reasonable time, but no later than forty -five (45) days after the Sponsor has submitted its final invoice. E. The COUNTY shall have the right to review and audit all records of the SPONSOR pertaining to any payment by the COUNTY. Said records shall be maintained for a period of five years after completion. V — Project Requirements The SPONSOR agrees to comply with all requirements of the HOME Program as stated in 24 CFR Part 92, including but not limited to the following. A. No HOME project funds will be advanced, and no costs can be incurred, until the COUNTY has conducted an environmental review of the proposed project site as required under 24 CFR 58. The environmental review may result in a decision to proceed with, modify or cancel the rental Assistance. Collier County t- lowing .-luthorit� TBRA :A,reernent OCT 14 2003 Pg. Notwithstanding any provision of this Agreement, the Parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the COUNTY of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR 58. The HOME funds advanced to the PROJECT will be secured by lease agreements and deposit agreements. B. The SPONSOR will ensure that any expenditure of HOME funds will be in compliance with the requirements at 24 CFR 92.206, and acknowledges that HOME funds will only be provided as reimbursement for eligible costs incurred, including actual expenditures or invoices for work completed. C. The designated HOME - assisted units of this PROJECT will meet the affordability requirements as found in 24 CFR 92.252 (rental). The SPONSOR shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate - income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with HOME requirements as stated in the HUD Technical Guide for Determining Income and Allowances Under the HOME Program. D. In the selection of occupants for PROJECT units, the SPONSOR shall comply with all non- discrimination requirements of 24 CFR 92.350. Such procedures are subject to approval of the FAH. The SPONSOR will implement affirma e marketing procedures as required by 24 CFR 92.351. Such procedures are subject to approval of-the FAH. E. The SPONSOR shall assure compliance with 24 CFR 92.251 as relates to Property Standards and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92.251(a)(3) as applicable, and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part 35. F. The SPONSOR may provide documentation approved by FAH regarding match for purposes of the HOME program. However, NO match is required for this activity. G. The SPONSOR will be monitored by FAH for compliance with the regulations of 24 CFR 92 for the compliance period specified above. The SPONSOR will provide reports and access to project files as requested by FAH during the PROJECT and for Five (5) years after completion and closeout of the AGREEMENT. VI — Repayment A. All HOME funds are subject to repayment in the event the PROJECT does not meet the Project Requirements as outlined above. Collier County HOUCIn,, Authorit\ FBRA A ree [TIC nt OCT 1 4 2003 Pg. 1 B. It is understood that upon the completion of the PROJECT, any HOME funds reserved but not expended under this Agreement will revert to the COUNTY within thirty (30) days. VII — Procurement Standards The SPONSOR shall establish procurement procedures to ensure that materials and services are obtained in a cost - effective manner. When procuring for services to be provided under this agreement, the SPONSOR shall comply at a minimum with the nonprofit procurement standards at 24 CFR 84.40 - .48. In addition, the following requirements are imposed on any procurement under this PROJECT: Comply with Collier County Purchasing Ordinance # 87 -25, amended by Resolution #97 -435 which will be provided to the SPONSOR. In addition, it is understood that any SPONSOR that can be considered to be a religious organization shall abide by all portions of 24 CFR 92.257. VIII — Conflict of Interest Provisions HOME conflict of interest provisions, as stated in 24 CFR 92.356(f), apply to the award of any contracts under this Agreement and the selection of tenant households to occupy HOME - assisted units. The SPONSOR must request exceptions and the FAH grant exceptions as permitted by regulation. In addition, the COUNTY also has elect to apply the conflict of interest provisions in 24 CFR 92.356(b) — (e) to this project. Therefore, the award of contracts and the award of any unit benefits to covered parties of the SPONSOR are subject to prior disclosure by the SPONSOR and an exception from the COUNTY as outlined in 24 CFR 92.356(4) — (c). The SPONSOR warrants and covenants that it presently has no interest and shall not acquire any interest. directly or indirectly, which could contict in any manner or degree with the performance of its services hereunder. The SPONSOR further %varrants and covenants that in the performance of this Agreement, no person having such interest shall be employed. No member or Delegate to the Congress of the United States shall be permitted to any share or part of this Agreement or any benefit to raise herefrom. No member, officer or employee of the COUNTY; or its designees, or agents; or member of the Board of County Commissioners of the Collier County; and no other public official of the COUNTY who exercises any functions or responsibilities with respect to the program during his tenure or for one (I) year thereafter, shall have any interest direct or indirect, in anv contract or subcontract, or the proceeds tilercof, for work to be performed under this Agreement. IY — COUNTY Responsibilities The COUNTY shall furnish the SPONSOR with the following services and information from existing COUNTY records and COUNTY files: C,dlicr County Housing :authorir, "IBRA A iecm,!n,' OCT 14 2003 Pg. (J ft A. The COUNTY shall provide to the SPONSOR information regarding its requirements for the PROJECT. B. The COUNTY will provide the SPONSOR with any changes in HOME regulations or program limits that affect the project, including but not limited to income limits, property value limits and rent limits. C. The COUNTY will conduct progress monitoring to protect its interests as lender and regulatory authority for the project, and will provide information to the SPONSOR regarding any progress inspections or monitoring to assist it in ensuring compliance. The COUNTY's review and approval of the WORK will relate only to overall compliance with the general requirements of this Agreement and HOME regulations, and all COUNTY regulations and ordinances. Nothing contained herein shall relieve the SPONSOR of any responsibility as provided under this Agreement. X — Equal Employment Opportunity During the performance of this contract, the SPONSOR agrees as follows: A. The SPONSOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin(s). The SPONSOR will take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin(s). Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer. recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SPONSOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer of the COUNTY setting forth the provisions of this nondiscrimination clause. B. The SPONSOR will, in all solicitations or advertisements for employees placed by or on behalf of the SPONSOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The SPONSOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the. C'OUNTY's contracting officer, advising the labor union or worker's representative of the SPONSOR's commitments under Section 202 of Executive Order No. 11246 of September 24, 196-5, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Collier County tt��u�in�� :Authority TBRA A reement A�'Ya« � Y17� OCT 14 2003 Pt D. The SPONSOR will comply with all provisions of Executive Order 11246 of September 24, I965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The SPONSOR will furnish all information and reports required by Executive Order 11246 oj September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the COUNTY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and order. F. In the event the SPONSOR is found to be in noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the SPONSOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the Secretary of Labor or as otherwise provided by law. G. The SPONSOR will include the provisions of paragraphs (a) through (g) of this agreement in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The SPONSOR will take such action with respect to any subcontract or purchase order as the COUNTY may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event the SPONSOR beconies involyed in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the COUNTY, the SPONSOR may request the United States to enter into such litigation to protect the interest of the United States. XI — Labor, Traininga & Business Opportunity The SPONSOR agrees to comply with the federal regulations governing training, employment and business opportunities as follows: A. It is agreed that the WORK to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the US Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u, as well as any and all applicable amendments thereto. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given low and moderate income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns which are located in. or owned in substantial part by persons residing in the project area. B. The SPONSOR shall comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 Code of C('}lier Coun[v Al Mo. C C 'r 2003 P� I Federal Regulations and all applicable rules and orders of the U.S. Department of Housing and Urban Development issued thereunder as well as any and all applicable amendments thereto prior to the execution of this contract as well as during the term of this Agreement. The SPONSOR certifies and agrees that it is under no contractual or other disability, which would prevent it from complying with these requirements as well as any and all applicable amendments thereto. C. The SPONSOR will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the COUNTY, take appropriate action pursuant to the subcontractor upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, in 24 G,de of Federal Regulations. The SPONSOR will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 code of Federal Regulations and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with these requirements as well as with any and all applicable amendments thereto. D. Compliance with the provisions of Section 3, the regulations set forth in 24 Code of Federal Regulations and all applicable riles and orders of Housing and Urban Development issued thereunder prior to the execution of the contract shall be a condition precedent to federal financial assistance being provided to the PROJECT as well as a continuing condition, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the SPONSOR or recipient. its contractors and subcontractors, its successors, and assi��ns to those sanctions specified by 24 Code of Federal Regulations as 1A -I1 as with any and all applicable amendments thereto. YII — Compliance with Federal, State & Local Laws The SPONSOR covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules and regulations of the state local and federal governments, and all amendments thereto, including, but not limited to; Title 8 of the Civil Rights Act of 1965 PL.90- 284, Executive Order 11063 on Equal Opportunity and housing Section 3 of the Housing and Urban Development Act of 968; Housing and Community Development Act of 1974, as well as all requirements set forth in 24 CFR 92 of the HONIE INVESTMENT PARTNERSHIPS PROGRAM. The SPONSOR covenants and warrants that it will indemnify and hold the County forever free and harmless with respect to any and all damages whether directly or indirectly arising out of the provisions and maintenance of this contract. Be SPONSOR agrees to comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (12 U.S.C. 1857(h)), section SOS of the Clean Water Act (33 U.S.C. 1368). Executive Order 1 1738, and Environmental Protection Agency regulations (40 CFR part 15). The SPONSOR further warrants and agrees to include or cause to be included the criteria and requirements of this section in every non - exempt subcontract in excess of S100.000. The SPONSOR also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. Collier Count%, He11,in�_' :Authority I hR:A A��rc�cn�ent OCT 1 /4 2003 . PC. f t As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who wi'- perform hereunder, have not been placed on the convicted vendor list maintained by the State o� Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). XIII — Suspension & Termination In accordance with 24 CFR 85.43, suspension or termination may occur if the SPONSOR materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. If, through any cause, the SPONSOR shall fail to fulfill in timely and proper manner its obligations under this contract, or if the SPONSOR shall violate any of the covenants, agreements, or stipulations of this contract. the COUNTY shall thereupon have the right to terminate this contract by giving written notice to the SPONSOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, the SPONSOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of said termination. Notwithstanding the above, the SPONSOR shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the contract by the SPONSOR and the COUNTY may withhold any payments to the SPONSOR for the purpose of setoff until such time as the exact amount of damages due the COUNTY from the SPONSOR is determined whether by court of competent jurisdiction or otherwise. XIV — Termination for Convenience of the COUNTY The COUNTY may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the SPONSOR. If the contract is terminated by the COUNTY, as provided herein, the County will reimburse for any actual and approved expenses incurred, including those costs involved in terminating, the contracts and shutting down the work as of the date of notice, and the SPONSOR will be paid as a FEE an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the SPONSOR covered by this contract, less payments of compensation previously made. Claims and disputes between the Parties wiII be submitted to the American Arbitration Association for resolution. Award or judgment may be entered in any court having jurisdiction thereof. XV — Default -Loss of Grant Funds If the SPONSOR fails in any manner to fully perform and carry out any of the terms, covenants, and conditions of the agreement, and more particularly if the SPONSOR refuses or fails to proceed with the work with such diligence as will insure its completion within the time set forth in this Agreement, the SPONSOR shall be in default and notice in writing shall be given to the SPONSOR of such default by the COUNTY or an agent of the COUNTY. If the SPONSOR fails to cure such default within such Collier County AllthOrity TBRA A L'reCnient I ^F Vf? JjjI"V47 OCT 14 2003 time as may be required by such notice, the COUNTY, acting by and through the FAH, may at its option terminate and cancel the Agreement. In the event of such termination, all grant funds awarded to the SPONSOR pursuant to this Agreement shall be immediately revoked and any approvals related to the PROJECT shall immediately be deemed revoked and canceled. In such event, the SPONSOR will no longer be entitled to receive any compensation for work undertaken after the date of the termination of this Agreement, as the grant funds will no longer be available for this project. Such termination shall not effect or terminate any of the rights of the COUNTY as against the SPONSOR then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to the COUNTY under the law and the note and mortgage (if in effect), including but not limited to compelling the SPONSOR to complete the project in accordance with the terms of this Agreement, in a court of equity. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. XVI — Reportinjj Responsibilities The SPONSOR agrees to submit any and all detailed monthly progress reports required by the Financial Administration and Housing Department (FAH) outlining the status of specific activities under the project. Each report must account for the total activity for which the SPONSOR is reimbursed with HOiNIE funds, in part or in whole, and which is required in fulfillment of their obligation regarding the project. The progress reports should be mainly in the form of a narrative, and shall be used as an additional basis for FAH approval of invoice, etc. for reimbursement. The form must be completed for- the past month and submitted to FAH staff by the 101h of the follow in- month. The FAH will send the SPONSOR one reminder notice if the monthly report has not been received fourteen (14) days after the due date. If the SPONSOR has not submitted a report fourteen (14) days after the date on the reminder notice, the COUNTY will have the option to terminate the contract as described in this Agreement. In addition, the SPONSOR agrees to provide the FAH information as required to determine program eligibility, in meeting national objectives, and financial records pertinent to the project. Additional reporting requirements are included as ATTACHMENT A. XVII — Inspection, Monitoring & :kccess to Records The COUNTY reserves the right to inspect, monitors, and observe work and services performed by the SPONSOR at any and all reasonable times. The COUNTY reserves the right to audit the records of the SPONSOR any time during the performance of this Agreement and for a period of five years after final payment is made under this Agreement. Collier COMA Housiniz .AL11hc!i1(v lBRA Aucement OCT 1 4 2003 Pg. 13 If required, the SPONSOR will provide the FAH with a certified audit of the SPONSOR's records representing the Fiscal Year during which the PROJECT becomes complete whenever the amount listed in SECTION VII is at or exceeds $300,000, pursuant to the requirements of OMB Circular A 133. Access shall be immediately granted to the COUNTY, HUD, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the SPONSOR or its contractors which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. XIII — General Conditions A. All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Naples, Florida 34104, and to the SPONSOR when delivered to its office at the address listed on page one (1) of this Agreement. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terns of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. The Parties hereto agree that this Agreement shall be construed and enforced according to the laws of the State of Florida. F. Should any provisions, paragraphs, sentences, words or phases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the Collier County, such provisions. paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. G. The SPONSOR shall comply with the provisions of the Copeland Anti- Kick -Back Act (18 U.S.C. 874) as supplemented in the Labor Regulations (29 CFR Part 3), as amended. H. The SPONSOR shall comply with the provisions of sections 103 and 107 of the Contract Work Hours and Safety Standard Act (40 Li-S.C. 327 -330) as supplemented by Labor regulations (, -yg CFR. Part ), as amended. I. The SPONSOR further warrants and to include or cause to be included the criteria and Collier Count} Housing, ALI(holitV FBRAAurce.ncn[ OCT t 4 2003 Pg. requirements of paragraphs (G) through (H) of this section in every nonexempt subcontract. The SPONSOR also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. J. The obligations undertaken by SPONSOR pursuant to this Agreement shall not be delegated or assigned to any other- person or agency unless COUNTY shall first consent to the performance or assignment of such service or any part thereof by another person or agency. K. The Agreement shall be binding upon the parties hereto, their heirs, executors, legal representative, successors and assigns. L. SPONSOR shall indemnify and save COUNTY harmless from and against any negligent claims, liabilities, losses and causes of action which may arise out of SPONSOR's activities under this Agreement, including all other acts or omissions to act on the part of SPONSOR, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. M. SPONSOR and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the COUNTY, and shall not attain any rights or benefits under the civil service or pension ordinances of the COUNTY, or any rights generally afforded classified or unclassified employee; further they shall not be deemed entitled to state Compensation benefits as an employee of the COUNTY. N. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and /or change in re ,,ulations. CnIlier Count,, Housing Authority TBRA AUreement tloP�i,e OCT 14 2003 F9.�. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of (SUBRECIPIENT SEAL) ATTEST: DWIGHT E. BROCK, CLERK C Deputy Clerk Approved as to form and T94- l sy_: Patrick te Assistant County Attorney COIIICC Coun[y HMI inL' ,Authority TBRA AL_,reement ?0 COLLIER COUNTY HOUSING AUTHORITY ((ESi✓IERALDA SERRr, EXECUTIVE DIRECTOR BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Bv: TOM HENNL',G, CHAIRNNIAN P 0 CT, 14 2003 Pg._ "ATTACHMENT A" HOME MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the Ill"h of the following month. Status Report for Month of Submittal Date: Project Name Project Number Activity Number Sponsor: Contact Person Telephone: E -mail: Fax: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. What events /actions are scheduled for the next two months? Collier County Housing Authority TBR.\ :AUrecmcnt Vll N I No. OCT 14 2003 Pg. ( 1 6. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 7. List any additional data relevant to the outcome measures listed on the application for this project. 8. New leases executed this month (if applicable): Name of Applicant Security Deposit I Utility Deposit For projects that serve a particular clientele. please complete the tollowing information by entering the appropriate number in the Hank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPI,IC.VTE clients served in previous months. You may provide data by either households or persons served. However. if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits _ households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box "I. " INCOME Of the households or persons assisted, are extremely low- income income 0-3017c) of the current iVledian Family Income ( MFI). Enter this number in bo_r "Z. " Of the households or persons assisted. - are very low- income (3 1- 50` -c') of the current t\- Iedian Family Income (MFI). Enter this iiumber in box :: -? " Of these households or persons assisted. are low income (> 1- 80� °e) of the currant Median Family Income (%IFI) Eater ti! is ?j io>7her in boi: '4. " .VOTE: The total of bores ?, 3 and 4 should equal the number in box 1. Collier County Housing :Authority IBR. -\ N( OCT 14 2003 Pg. ' U FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "S" below. BOX BOX BOX BOX BOX5 Total Number of Extremely Very Low Income Female Head of Household Households or Persons Low Income Low Income (51 -80, o) Assisted (0 -304b) (31 -50%) Sponsor must indicate total beneficiaries for Race ANI) Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African - American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands. Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa. or other Pacific Islands. - Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, INlexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries Race # Total # Hispania White I Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian /Alaska Native and White _ Asian and White Black/African .-American and White American Indian /Alaskan Native and Black/African American Other Multi- Racial TOTAL: Collier County NouPin�-, authority I'BRA .A�r�ernent OCT 1 4 2003 Pg.- I q EXECUTIVE ST701ARY REQUEST TO GRANT A CONDITIONAL FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "BRIDGEWATER BAY UNIT ONE" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY OBJECTIVE• To grant final approval of the infrastructure improvements associated with that subdivision known as "Bridgewater Bay Unit One" CONSIDERATIONS: 1. On May 30, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Bridgewater Bay Unit One ". 2. The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. The developer will install the final lift of asphalt within 12 months and receive his final acceptance at that time. The County will maintain a performance security for the remaining paving improvements. This procedure is consistent with Section 3.2.6.5.8 of the Land Development Code. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. AGENDAi 'No.� OCT 1 4 2003 Pe. Executive Summary Bridgewater Bay Unit One Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Bridgewater Bay Unit One ". 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. This Conditional Final Acceptance shall not be complet:.: until such time as the developer completes the paving improvements. PREPARED BY: John R. ITouldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: J s ph K. Schmitt, Administrator Cp#nunity Dev. and Environmental Svcs. M- ZZ 03 Date Z',zy D Date AGENDA ITEM No. ^_Ze, OCT 14 2003 ! P9. a? . s. CL W I- �44 0 Q V 0 a� } a m € XNMOII/51 71F-11 Ot3 13 id F C "e8 i > p U MolM.twu cc O a +�- uviaelN rm uuww • .roe fi 3 � f lGA _ -- - -- - -- -- _ - .„p�oo - - -- F��' j�w OY9tl OMTfitJlgdM. � �� OVgIpI71LF11i0ii1/V lip L:k CL W I- �44 0 Q V 0 a� } a m 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 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN BRIDGEWATER BAY UNIT ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 11, 2000 approved the plat of Bridgewater Bay Unit One for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance -.pith the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91 -102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97 -17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Conununity Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Bridgewater Bay Unit One , and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Bridgewater Bay homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: Patrick G. White Assistant Collier County Attorney In TOM HENNING. CHAIRMAN AGENDA ITEM 22 � No. �` 0 C T 1 `+ 2003 Pg. EXECUTIVE SUMMARY ...EQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE TWO ", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Arrowhead Reserve at Lake Trafford - Phase Two ", a subdivision of lands located in Section 6 Township 47 South, Range 29 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Arrowhead Reserve at Lake Trafford - Phase Two ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided " -ind accepted by the Planning Services Director and the County .ttorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Arrowhead Reserve at Lake Trafford - Phase Two" be approved for recording. Arrowhead Reserve at'Lake Trafford - Phase Two consists of 271 Lots being developed by MDG Capital Corporation. The roads will be Public, the water and sewer improvements will be maintained by the Immokalee Water and Sewer District. FISCAL IMPACT• The project cost is $1,705,267.50 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $784,277.50 b) Drainage, Paving, Grading - $920,990.00 The Security amount, equal to 110% of the project cost, is $1,875,794.25 AGENDA ITEM (( ,, No - :a2( 4 - T t 4 2003 `` Pt. / Executive Summary Arrowhead Reserve at Lake Trafford - Phase Two Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $16,731.03 Fees are based on a construction estimate of $920,990.00 (does not include Immokalee Water and Sewer District Utilities) and were paid in March, 2003. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5, /ac)$ 890.00 b) Construction Drawing Review Fee Water & Sewer (Immokalee) - $ N/A Drainage, Paving, Grading (.42% const. est.)$ 3,868.16 c) Construction Inspection Fee Water & Sewer (Immokalee) - $ N/A Drainage, Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: - $11,972.87 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL /ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Arrowhead Reserve at Lake Trafford - Phase Two" for recording with the following stipulations: 1. Approve the amount of $1,875,794.25 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. AGENDA C 4 T 14 2003 ps. W Executive Summary Arrowhead Reserve at Lake Trafford - Phase Two Page 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Director, County Engineer APPROVED BY: a W P m K. Schitt, Administrator Date ity Development & Environmental Services AGENDA ITEM, No. li 0 C T 1 2003 Pe. -3 Illllllt'1�1 ",''111111111 ��-' 111111111111 /1111111111 IIIIIIIfINI�l1!41!Nh11 `ii7�- „�,, °° ■111 71111 =7110 X110 , �!1D �-E, � ■�i� �� i ; .■ ■■ ■■. ■■ w ii %ii1 ■i i� d ■■ �■ �''' ■■ �xa�zi��■ ■ F ' 111111111111 777 1111 �nunn1 C� � O iin �.��1,111 �'. ��--�= � ■�IWZ7��7�1i _. ■ ■sue �■, r � 111 1111111 a ii00� ■�' ®�■� ■ JN N N � N Y U Z _ N O W 5 9' i� C Z Q ■ O N m P n O Q a O ea 'YS • � H n I O m nm ¢ V n m W N AIL 0 m ci Z W JN N N � N Y U Z _ N O W 5 9' i� C Z Q O N m P n O Q a O ea 'YS � H n I O m nm ¢ V n m W N N I m APSE No/ 14 N OCT 1 4 200 w o Y 4 Q Q J � EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.868 "STEWART EARTH MINING ", LOCATED IN SECTION 18 & 19, TOWNSHIP 46 SOUTH, RANGE 29 EAST: BOUNDED ON THE NORTH AND WEST BY EXISTING CITRUS GROVES, ON THE SOUTH BY VACANT LAND AND EXISTING CITRUS GROVES, AND ON THE EAST BY VACANT LAND AND A FARM BUILDING. OBJECTIVE: To issue an excavation permit to APAC for the project known as "Stewart Earth Mining" in accordance with County Ordinance No. 92 -73, Div. 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of 203 acres ( + / -) to a depth of 85( + / -) feet. The resultant 24,000,000 ( + / -) C.Y. of fill will be used off -site as aggregate for asphalt and concrete plants and on construction projects both public and private throughout the County. The petitioner will excavate at an approxim�;e, rate of over 900,000 C.Y. per year, so the excavation will take a little less than 30 years. The Traffic Analysis submitted by the petitioner estimates that there would be 217 two -way trips per day (207 truck trips and 10 employee /service trips). Access is proposed from SR 82 via an existing farm access road, which will be paved. There are no residences in the immediate vicinity. The Conditional Use to allow this excavation, C.U. X002 -AR -3537 was heard and approved by the BCC, with stipulations, on 23 September 2003 There was some concern about the depth of the excavation as it pertains to the fetch formula and to possible contamination of the underlying aquifer. The issue had been previously researched by staff for the EAC and the CCPC, and it was concluded that there were no confining layers that would be breached and that water quality would not be a problem if certain stipulations contained herein are adhered to. AGENDA ITEM No.�li /g OCT 14 2003 FISCAL IMPACT: The Community Development Fund, Development Services (13 1) has or will receive $11,000.00 in revenues broken out as follows: Application Fee $1000.00 Yardage Fee $10,000.00 $11,000.00 TOTAL FEES A security in the amount of $500,000 must be posted prior to permit issuance, and reporting and inspection fees will be paid annually. GROWTH MANAGEMENT IMPACT: Subject to the traffic generation limitation noted above, under "Considerations ", the subject excavation permit may be found consistent with the Future Land Use Element. HISTORICAL /ARCHAEOLOGICAL IMPACT: None. EAC RECOMMENDATIONS: The Environmental Advisory Council first heard this petition on July 2, 2003. Section 3.5.7.3.1 of the Land Development Code states that commercial excavations are limited to a depth of 20 feet; a depth supported by the fetch formula; or a depth supported by a comparative water quality study. In this case, the excavation would be limited to approximately 50 feet in depth using the fetch formula. The petitioner wishes to excavate to a depth of 85 feet. There was a long discussion over the span of two meetings. Council Member Hughes made a motion to recommend approval of the Conditional Use with the condition to berm the site. He also recommended the monitoring of uses on neighboring properties. The motion was seconded by Mr. Carlson and was approved 8 to 0. CCPC RECOMMENDATIONS: The Collier County Planning Commission heard this petition on September 4, 2003. The Commissioners heard presentations by the petitioner and Staff. By a vote of 8 to 0, the Planning Commission forwarded the petition to the BZA with a recommendation of approval with conditions. AGENDA � M,,�- OCT 1 4 2003 2 1 STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.868 to Stewart Earth Mining for the project known as "Stewart Earth Mining" with the following stipulations: 1. The Petitioner shall obtain a South Florida Water Management District Agricultural Surface Water Management Permit or permit modification for this site. 2. The site shall be cleared of all exotic vegetation and maintained exotic -Jr °e in perpetuity. 3. The petitioner shall pave the access road from State Road 82 to the subject property line prior to commencement of earthmining operations. The pavement shall be a minimum of 22 feet in width and a depth of 1.5 inches of asphalt or asphalt millings. The petitioner shall be responsible for maintenance of the access road for the duration of the excavation. 4. Turn lanes on SR 82 (westbound left -in, eastbound right -in) shall be provided prior to commencement of earthmining operations. 5. Excavation activities are permitted from 6:30 AM until 7:00 PM, Monday through Saturday. 6. The excavation shall be contained by a berm constructed to the height of the 100 -year flood elevation. Unless the berm contains adequate clay content to slow the flow of water (as determined by the Collier County Engineering Services Department), the berm shall contain a membrane impervious to water. If neighboring parcels are rezoned Residential, the section berm abutting the residential area will be raised to 6 ft in height. 7. Excavation depth is limited to 85 ft below original grade. 8. CDES Engineering Review Inspections Section will visit the site monthly to monitor the depth of the excavation. This is a new procedure covered by a monthly inspection fee submitted with the yearly report. 9. The excavator will submit quarterly water quality monitoring reports to the Collier County Natural Resources Department for the first year, at which time the frequency of the reports will be reconsidered. Staff suggests that some background testing prior to the start of operations might be helpful. 10. Prior to issuance, the Excavation Permit will be reviewed by the Collier County Stormwater Department, its successors and/or assigns 11. The petitioner shall reserve 50' on the eastern side of their property for a possible future road connection from Westclox to SR 82 along the eastern edge of the petitioner's property aligning with the haul road. This land will be donated to the County, at no expense to the County, consistent with LDC provisions for land donations. 3 AGENDA ITEM N0 - :a � OCT 1 4 2003 Pg __J PREPARED BY: STAN CHRZANOWSKI, P.E. SENIOR ENGINEER REVIEWED BY: DATE THOMAS E. KUCK, P.E. DATE ACTING PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: K. SC MITT, A MINISTRATOR DATE NITY DEV. AND ENVIRONMENTAL SVCS. 59.731 EX SUMMARY /SC/H/EAB Exec. Summ. s OCT 1 2003 ps. `+� rwn *L aw / 7 1.1. W Vi 0 2 W W U O J rwn *L aw / 7 1.1. W Vi COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF -SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off -site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91 -102 as amended Div. 3.5 and Right -of -Way Ordinance No. 93 -64. 3. Off -site removal of excavated material shall be subject to Ordinance No. 92 -22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off -site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92 -22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off -site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance /repair of public roads in accordance with current ordinances and applicable permit stipulations. AGENDA I EXHIBIT "B" Page One of Two OUT t y 2003 Pa. 4 - 6. Based on soil boring information per Ordinance No. 91 -102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off -site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91 -102 as amended are as follows: A. Stns ,ture inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off -site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off -site impacts, meeting of applicable provisions of Ordinance No. 93 -64, Ordinance No. 92 -22, and Ordinance No. 91 -102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 , AGENDA ITEM No. Page Two of Two 1 0 C T 14 2003 Pt-1- EXECUTIVE SUMMARY APPROVE AN INCREASE IN EXPENDITURE AUTHORIZATION IN THE AMOUNT OF $400,000 IN THE FY 04 TOURISM ADVERTISING AND PROMOTION FUND (194) WITH A CORRESPONDING DECREASE IN RESERVES FOR CONTINGENCIES TO FURTHER PROMOTE TOURISM IN COLLIER COUNTY AND APPROVE A RELATED BUDGET AMENDMENT OBJECTIVE: Approval by the Board of County Commissioners to transfer $400,000 from Tourist Development Council (TDC) Advertising and Promotion Fund (194) Reserves to current operating expenses in the same fund to increase marketing and advertising efforts not contemplated during the FY 04 Budget preparation. CONSIDERATIONS: During development of the FY 04 Marketing Plan, staff identified the necessity for several items that were not contemplated or were simply overlooked in preparing the FY 04 Tentative Budget. In order to adequately advertise and promote the County as a tourism destination in the current fiscal year, staff has determined additional funds are needed. This request does not in any way impact the TDC Disaster Recovery Fund (196) Reserve for Emergency Advertising, which has an FY 04 appropriation of $929,500. If approved, the current ..� Advertising and Promotion Fund (194) Reserve amount, will be reduced from $954,400 to $554,400. As the TDC was in recess in July and August, they were not presented with the Tentative Budget, or the additional promotional and advertising needs until their meeting of September 22, 2003. The following is an itemization of the additional $400,000 needed for marketing and promotions. Advertising- $300,000: The current media plan for FY 04, finalized last month, calls for $700,000 in paid advertising; however, only $400,000 is budgeted. The paid advertising budget for FY 03 was $526,000 and FY 02 was $700,000. Staff is seeking to bring the level of advertising back to the FY 02 level. With a targeted marketing plan and five straight months of positive results from the summer media campaign this year, staff is confident that the added investment will result in increased spending by visitors in FY 04.The additional ad dollars are planned for the following: Golf and nature based publications not previously used International publications in UK and Germany Internet opportunities with pay - per -click search engines Per - inquiry television co -op campaigns in target markets The advertising agency contract reflecting the additional $300,000 in paid advertising will be brought back to the Board for final approval. AGENDA OCT 14 2003 pa• L Trade Show Booth- $25,000 This is an important promotional tool for the 23 trades shows staff will attend in FY 03 -04 to promote Collier County as a total tourist destination - not just Naples or Marco Island as had been done in the past. This will be the first time that the County has exhibited at these shows, and we need to make an excellent impression. The Tourism Department is partnering on this trade show booth with the Collier County Hotel & Lodging Association (CCHLA). They have agreed to contribute $10,000 toward this project. Staff has received seven bids on this project and a total of $35,000 ($25,000 from TDC and $10,000 from CCHLA) is needed to procure the booth required to make a statement at these shows. The booth will be usable for many years to come and the design is flexible enough to be used at meeting, consumer, golf, sports and outdoor shows. Promotional Items - $25,000: These items will be given away at tradeshows and to meeting planners and tour operators visiting our area. Each item will have the Greater Naples Marco Island Everglades logo on them. Some of these items were purchased in FY 03, but additional items for FY 04 were not adequately budgeted. Examples of items to be purchase include letter openers, 10 -year planners, mouse pads, beach towels pens, tote bags, shirts and ball caps. Public Relations Expenses- 550,000: This will allow for the addition of three new group familiarization trips of travel writers this year that were not previously included in the FY 04 budget. With the Public Relations effort now in house there is an opportunity to do more of these very successful events. Clipping services and various writer association memberships, which were not previously contemplated, will be added. TDC Recommendation: These additional promotional and advertising funds were reviewed and were unanimously recommended for approval by the Tourist Development Council (TDC) on September 22, 2003 with a finding that they are in the public interest by promoting tourism in Collier County. FISCAL IMPACT: A Budget Amendment in the amount of $400,000 is needed to transfer funds from TDC Advertising and Promotion Fund (194) Reserves for Contingency to the appropriate operating lines in the same fund for FY 04. Such will decrease the FY 04 Reserves for Contingency from 5954,400 to $554,400. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners find that the additional $400,000 for advertising, promotion and public relations are in the public interest by promoting tourism in Collier County, approve a related Budget Amendment and authorize the Clerk of the Circuit Count to pay all expenses related to the indicated uses. AGENDA STEM No.l low OCT 14 2003 wj.a PREPARED BY: 16 b/o JACK WERT, TOURISM DIRECTOR DATE r REVI W Y / Lo DENNY BAKER, FINANCIAL ADMINISTRATION DATE AND HOUSING DIRECTOR APPROVED BY: I � EPH K. gtHMITTADMINISTRATOR 16ATE 10MMUNITY DEVELOPMENT AND NVIRONMENTAL SERVICES DIVISION Nm i ta A (� OCT 1 4 2003 Pg_�_ EXECUTIVE SUMMARY APPROVAL OF AGREEMENT BETWEEN COLLIER COUNTY AND THE EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION FOR AFFORDABLE HOUSING ACTIVITIES AND OPERATING EXPENSES. OBJECTIVE: Obtain Board's approval of agreement between Collier County and the Empowerment Alliance of Southwest Florida Community Development Corporation (EASF) for affordable housing activities and operating expenses. CONSIDERATION: The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2003 -2004 for the HOME Investment Partnerships (HOME) Program by Resolution on April 22, 2003. Federal regulations require that a minimum of fifteen (15) percent of Collier County HOME funding be designated for housing activities administered by a Community Housing Development Organization (CHDO). EASF is the only certified CHDO agency in Collier County. FISCAL IMPACT: Collier County gas received U.S. Department of Housing and Urban Development (HUD) funding for eligible HOME projects. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County's Housing Element and the Immokalee Area Master Plan to provide affordable housing. RECOMMENDATION: That the Board of County Commissioners approve the agreement between Collier County and the Empowerment Alliance of Southwest Florida Community Development Corporation for affordable housing activities and operating expenses. SUBMITTED Date: - Z S" C 3 yJa g D an Coordinator REVIEWED BY::�- -�-��- .��,f Date: Lee Combs, 7e deral Grant Manager REVIEWED BY: Date: H. Denton Baker, FAH Director APPROVED BY: C.,,K r� Dater AGEN��DAA ITEM ,. Jo eph K. S unitt, CDES Administrator No..-.�'- '=-=-� 0 C T 14 2003 �e. AGREEMENT BETWEEN COLLIER COUNTY AND EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION, INC Catalog of Federal Domestic Assistance # 14.239 HUD Grant # m- 03 -UC -12 -0217 THIS AGREEMENT, is entered into this day of 20_, by ind between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the Empowerment Alliance of Southwest Florida Community Development Corporation, a private not -for- profit corporation existing under the laws of the State of Florida, having its principal office at 640 North Ninth Street Immokalee, FL 34142, and its Federal Tax Identification number as 59- 3682139, hereinafter referred to as the " AWARDEE." WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program Funds from the U.S. Department of Housing and Urban Development (HUD), including funds that are reserved for the use of Community Housing Development Organizations (CHDOs); and WHEREAS, the AWARDEE has been certified with the COUNTY as a CHDO, and has submitted a proposal for use of CHDO funds for a CHDO - eligible project under HOME regulations; WHEREAS, The board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2003 -2004 for the HOME Program by Resolution on April 22, 2003; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2003 -2004 for the HOME Programs and the use of the HOME fiends for the activities identified in the Plan; and WHEREAS, the COUNTY and the AWARDEE desire to provide the activities specified in Part III of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the AWARDEE to implement such undertakings of the HOME Program as a valid and worthwhile County purposes. NOW, THEREFORE in consideration of the mutual covenants and obligations, herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: Definitinns (1) "COUNTY" means Collier County, and where applicabl its representative(s). 1 � OCT 14 2003 Empowennent Alliance of Southwest Florida Community Development Corporati41 Pjw 1 of 1 (2) HOME is hereby defined as the HOME Investment Partnerships Program as described in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839. (3) "FA-H- means the Financial Administration and Housing Department of Collier County. (4) " AWARDEE" means the Empowerment Alliance of Southwest Florida Community Development Corporation. (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Section III, Scope of Work. (9) FEE is hereby defined as the amount of money the COUNTY agrees to pay and the AWARDEE agrees to accept as payment in full for all the professional, technical and construction services rendered pursuant to this Agreement to complete the WORK as further defined in Section III, Scope of Work, hereof. (10) WORK - is hereby defined as all the professional, technical and construction services to be rendered or provided by the AWARDEE as described here. II - Term The AWARDEE expressly agrees to complete all work required by this agreement in accordance with the timetable set forth. ,Vlilestone Deadline Project Start Date 10/01/2003 hnterim Milestones/ Deadlines (list below): Purchase Contract %Option Signed 12/31/03 Property Acquisition Completed 03/31/04 Construction Starts 09/01/04 Marketing of Units /Program Begins 12/31/04 Project Completion Date 12/31/05 In addition, this project is subject to ongoing compliance requirements of HOME for 20 years from the date of initial occupancy. During this compliance period, the AWARDEE will assure continued compliance with HOME requirements. For homebuyer units this includes monitoring units for principal residency and recapture of funds at time of resale. For rental units, this includes ongoing property standards. occupancy and rent limits compliance. Timely completion of the work specified in this agreement is an integral and essential part of performance. The expenditure of HOME fiends is subject to Federal deadlines and could result in the loss of the Federal fiends. By the acceptance and execution of this agreement, it is understood and agreed by the AWARDEE that the PROJECT will be completed as expeditiously the AW_ARDEE will make every effort to ensure that the project will proceed and ill r> be d Failure to meet these deadlines can result in cancellation of this contract and the re ocation -77TO fE finds. CCT 14 2003 Empowerment Alliance of Southwest Florida Community Development Corporation PW 2 of 18 Since it is mutually agreed that time is of the esse'ce as regards this agreement, the AWARDEE shall cause appropriate provisions to be inserted in all contracts or subcontracts relative to the work tasks required by this agreement, in order to ensure that the PROJECT will be completed according to the timetable set forth. It is intended that such provisions inserted in any subcontracts be, to the fullest extent permitted by law and equity, binding for the benefit of the COUNTY and enforceable by the COUNTY against the AWARDEE and its successors and assigns to the project or any part thereof or any interest therein. In the event the AWARDEE is unable to meet the above schedule or complete the above services because of delays resulting from Acts of God, untimely review and approval by the COUNTY and other governmental authorities having jurisdiction over the PROJECT, or other delays that are not caused by the AWARDEE, the COUNTY shall grant a reasonable extension of time for completion of the WORK. It shall be the responsibility of the AWARDEE to notify the COUNTY promptly in writing whenever a delay is anticipated or experienced, and to inform the COUNTY of all facts and details related to the delay. III — Scope of Work The AWARDEE, in close coordination with the COUNTY, shall perform all professional services (the "WORK ") necessary to complete the development and occupancy of the following project in full compliance with the terms of this Agreement: The Empowerment Alliance (EASF) is partnering with the Collier County Housing Authority (CCHA) to purchase a parcel of land with substandard structures on it remove the structures and construct affordable housing on it. EASF will use the portion of funds for predevelopment costs for this project These costs include an appraisal environmental review, and engineering work to determine the total number of units for the site and the infrastructure work needed to develop units on the site. The funding will be used for acquisition of the land and demolition of the existing structures if the project proves feasible after completing the predevelopment work EASF has applied for Continuum of Care (CoC) funds in May 2003 to construct four units on the property to be used as permanent rental housing units for the homeless. If CoC funds are not awarded to the EASF EASF will explore other funding options to construct either rental or homeowner occupied affordable units on the site This Construction Activity finding will not exceed $2.24,000, including developer fee and predevelopment costs Additional 537,000 of the funding will be used for the CHDO's operating expenses It is understood that the AWARDEE will provide a specific working budget and realistic timetable as relates to: acquisition, construction/rehabilitation, soft costs, development fees and other allowable costs/, activities prior to any fund usage. Said budget shall identify all sources and uses of funds, and allocate HOME and non -HOME finds to activities or line items. The aforementioned Work tasks will he performed in essentially the manner prosdj i1 Empowerment Alliance of Southv. °est Florida Community Development Corporati AWARDEE's proposal as received by the FAH on January 15, 2003. The aforementioned document will be considered to be a part and portion of this agreement for reference. IV — Reimbursement of Expenses & Developer Fees A. The AWARDEE shall be paid by the COUNTY for allowable costs determined by COUNTY, in an amount not to exceed Two hundred sixty -one thousand one hundred seventy nine dollars (S261,179) - 5224.000 for CHDO Construction Activity; and 537,000 for CHDO Operating Expenses B. Project expenses (excluding developer fee) shall be paid based on vouchers for actual expenses incurred or paid. Requests for payment must be submitted by the AWARDEE on forms specified by the COUNTY, with adequate and proper documentation of eligible costs incurred in compliance with 24 CFR92.206 and necessary for HUD Integrated Disbursement Information System (fDIS) disbursement requirements. All such expenses shall be in conformance to the approved project budget. Budget revision and approval shall be required prior to payment of any expenses not conforming to the approved project budget. C. The COUNTY shall pay the AWARDEE, as maximum compensation or FEE for the developer services required pursuant to the Scope of Work thereof, Eighteen Thousand Dollars ($ 18,000) of HOME Funds. Progress payments of FEES (if applicable) will not exceed the following cumulative maximum percentages of total developer fee at the following stages of project completion: If multiple projects or buildings are involved, the developer fee may be pro -rated to each building or project, and the applicable percentage may be applied to each. D. The COUNTY reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The COUNTY also reserves the right to hold payment until adequate documentation has been provided and re iewc#JG'E►)A ITEM _ No. _A44 Empowerment Alliance of Southwest Florida Conununity Development Corporation ages , o 18� Z0�3 Pg. alilestone 11Tar. Cumulative Developer Fee % Acquisition closing 25 %'0 Constriction closing i start of construction 40% or rehab 50% construction completion 60% Construction completion (certificate of 759'0 occupancy) Sustaining occupancy (or sale) & 100% completion report If multiple projects or buildings are involved, the developer fee may be pro -rated to each building or project, and the applicable percentage may be applied to each. D. The COUNTY reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The COUNTY also reserves the right to hold payment until adequate documentation has been provided and re iewc#JG'E►)A ITEM _ No. _A44 Empowerment Alliance of Southwest Florida Conununity Development Corporation ages , o 18� Z0�3 Pg. E. The AWARDEE may submit a final invoice upon completion. Final payment shall be made after the COUNTY has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with HOME regulations, including submission of a completion report and documentation of eligible occupancy, property standards and long -term use restrictions. F. The COUNTY shall have the right to review and audit all records of the AWARDEE pertaining to any payment by the COUNTY. Said records shall be maintained for a period of five years after completion. V — Proiect Requirements The AWARDEE agrees to comply with all requirements of the HOME Program as stated in 24 CFR Part 92, including but not limited to the following. A. No HOME project funds will be advanced, and no costs can be incurred, until the COUNTY has conducted an environmental review of the proposed project site as required under 24 CFR 58. The environmental review may result in a decision to proceed with, modify or cancel the project. Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of fiends or approval may occur only upon satisfactory completion of environmental review and receipt by the COUNTY of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR 58. Further, the AWARDEE will not undertake or commit any funds to physical or choice - limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance, and must indicate that the violation of this provision may result in the denial of any funds under the agreement. B. The HOME funds advanced to the PROJECT will be secured by a note and mortgage, and in the case of a rental project, a deed covenant as required by 24 CFR 92. C. The AWARDEE will ensure that any expenditure of HOME funds will be in compliance with the requirements at 24 CFR 92.206, and acknowledges that HOME funds will only be provided as reimbursement for eligible costs incurred, including actual expenditures or invoices for work completed. D. If the project is to be owner- occupied, the AWARDEE will ensure that all HOME assisted units will be in compliance with 24 CFR 92.254, including documenting that the property is eligible under 24 CFR 92.254(a)(1) — (2), and will maintain compliance during the minimum compliance period. (If the property also contains a rental unit assisted with HOME funds, the AWARDEE will ensure that occupancy complies with the requirements of 24 CFR 92.254(a)(6).) If the project is to be rental, the AWARDEE will ensure that that project is eligible under 24 CFR 92.214, and that it will meet the applicable standards of 24 CFR 92.252 — �_ 253 at occupancy and for the minimum compliance period. AGENDA ITEM ". /G'- l OCT 3 Empowerment Alliance of Southwest Florida Community Development Corporatio Page 5 of 18 Pe. el� E. The designated HOME - assisted units of this PROJECT will meet the affordability requirements as found in 24 CFR 92.252 (rental) or 92.254 (owner- occupied) as applicable. The AWARDEE shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate - income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with HOME requirements as stated in the HUD Technical Guide for Determining Income and Allowances Under the HOME Program. F. In the selection of occupants for PROJECT units, the AWARDEE shall comply with all non- discrimination requirements of 24 CFR 92.350. If the project consists of 5 or more units, the AWARDEE will implement affirmative marketing procedures as required by 24 CFR 92.351. Such procedures are subject to approval of the FAH. G. If the PROJECT is occupied at the time of this commitment, the AWARDEE will comply with the relocation requirements of 24 CFR 92.353. H. The AWARDEE shall assure compliance with 24 CFR 92.251 as relates to Property Standards and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92.251(a)(3) as applicable, and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part 35. I. If the PROJECT is to be owner- occupied, the AWARDEE shall assure that any NOTES and MORTGAGES recorded for homebuyers shall be in compliance with 24 CFR 92.254 and that the AWARDEE will monitor each unit for principal residency (under 24 CFR 92.254(a)(3)) and resale /recapture (under 24 CFR 92.254 (a)(4) — (5)). J. The AWARDEE will provide any documentation required by the FAH regarding match as may be required to document match for purposes of the HOME program. K. If any project under this agreement involves the construction or rehabilitation of 12 or more HOME- assisted units, the AWARDEE shall comply with the provisions of the Davis -Bacon Act (40 U.S.C. 276 a to a - 7) as supplemented by FHA of Labor regulations (29 CFR, Part 5), as amended. L. If the property is sold through a lease - purchase agreement, the AWARDEE will ensure compliance with 24 CFR 92.254(a)(7), as modified by the 1999 Appropriations Act, Section 599B. M. The AWARDEE will be monitored by the FAH for compliance with the regulations of 24 CFR 92 for the compliance period specified above. The AWARDEE will provide reports and access to project files as requested by the Collier County during the PROJECT and for Five (5) years after completion and closeout of the AGREEMENT. VI — Repayment of Loan A. All HOME funds are subject to repayment in the event the PROJECT does not meet the Project Requirements as outlined above. AGENDA ITEM -� No. Empowerment Alliance of Southwest Florida Community Development Corporation 'age of 18 003 Pg. B. It is understood that upon the completion of the PROJECT, any HOME funds reserved but not expended under this agreement will revert to the COUNTY. C. If the PROJECT is rental, funds will remain a deferred loan for the period of 20 years, at which time, the loan will be forgiven by the COUNTY. Sale of the property to another party may occur only with the approval of the COUNTY, and the purchaser shall assume all obligations of the AWARDEE under this agreement, the note and mortgage, and the deed covenants. Provisions in those documents will provide for the extinguishment of the requirements only in the event of a third -party foreclosure or deed in lieu of foreclosure. D. I` the PROJECT is for owner- occupancy, the AWARDEE shall lend the HOME funds to the individual buyers in an amount sufficient to make the purchase affordable. Any HOME funds that reduce the price of the property below the fair market value of the property shall be secured by a HOME note and mortgage as required in 24 CFR 92.254(a)(5)(11), using the note and mortgage prescribed or approved by the FAH (and consistent with the method of recapture identified in the COUNTY's Consolidated Plan. ") 1) All net sales proceeds from the sale of units are considered to be either: Program Income and must be returned to the COUNTY as repayment of the HOME loan; or X CHDO proceeds that may be retained by the AWARDEE and used in conformance with 24 CFR 92.300(a)(2). 2) Prior to each closing, the AWARDEE will provide to the FAH the estimated settlement statement, alone with reconciliation statement and the draft note and mortgage. The reconciliation statement shall account for the pro- ration of HOME project funds to the individual unit, and identify those funds that are to be lent to the buyer as "Buyer subsidies" secured by the HOME note and mortgage, the pro -rated HOME development funds that are to be forgiven as "Development subsidies ", and the amount of developer fee or CHDO sales proceeds to be retained from settlement funds. 3) All resale proceeds that are received from buyers as they resell the properties during the compliance period to other buyers shall be considered "Recaptured Funds" under 24 CFR 92.254(a)(5)(11) A)(5) and must be repaid to the COUNTY for use in eligible HOME projects as required by 24 CFR 92.503. The AWARDEE shall promptly notify the FAH of such transactions and will promptly convey any Recaptured Funds to the COUNTY. VII — CHDO Provisions It is understood that the AWARDEE has certified that it is and will maintain CHDO (Community Housing Development Organization) status for the term of the PROJECT /AGREEMENT in accordance with 24 CFR 92. AWARDEE agrees to provide information as may be requested by the FAH to - document its continued compliance, including but not limited to an annual board roster of continued compliance. Empowerment Alliance of Southwest Florida Community Development Corporation I PJ `�Tof1l 2003 Pg 7 _. Any funds advanced as CHDO pre - development funds must be in compliance with 24 CFR 92.301, and are forgivable only under the terms in 24 CFR 92.301. Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance with 24 CFR 92.208. Any funds that the CHDO is permitted to retain as CHDO proceeds from this project shall be used in compliance with 24 CFR 92.300(a)(2) or as specified in this Agreement. If the project is rental, the AWARDEE will create and follow a tenant participation plan as required in 24 CFR 92.303. VIII —Procurement Standards The AWARDEE shall establish procurement procedures to ensure that materials and services are obtained in a cost - effective manner. When procuring for services to be provided under this agreement, the AWARDEE shall comply at a minimum with the nonprofit procurement standards at 24 CFR 84.40 -.48. In addition, the following requirements are imposed on any procurement under this PROJECT: Comply with Collier County Purchasing Ordinance # 87 -27 amended by Resolution #97 -435 which will be provided to the AWARDEE. In addition, it is understood that any AWARDEE that can be considered to be a religious organization shall abide by all portions of 24 CFR 92.257. IX — Conflict of Interest Provisions HOME conflict of interest provisions, as stated in 24 CFR 92.356(f), apply to the award of any contracts under the agreement and the selection of tenant households to occupy HOME - assisted units. Exceptions must be requested by the AWARDEE and the FAH grant exceptions as permitted by regulation. In addition, the COUNTY also has elected to apply the conflict of interest provisions in 24 CFR 92.356(b) — (e) to this project. Therefore, the award of contracts and the award of any unit benefits to covered parties of the AWARDEE are subject to prior disclosure by the AWARDEE and an exception from the COUNTY as outlined in 24 CFR 92.356(d) — (e). The AWARDEE warrants and covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of its services hereunder. The AWARDEE further warrants and covenants that in the performance of this contract, no person having such interest shall be employed. No member or Delegate to the Congress of the United States shall be permitted to any share or part of this contractor any benefit to raise here from. No member, officer or employee of the C designees. or agents; or member of the Board of County Commissioners of the Collier ounty nT' 01T Empo«erment Alliance of Southwest Florida Community Development Corporation lageOGT A tt 2003 pg. 9 other public official of the COUNTY who exercises any functions or responsibilities with respect to the program during his tenure or for one (1) year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed under this agreement. X — COUNTY Responsibilities The COUNTY shall furnish the AWARDEE with the following services and information from existing COUNTY records and COUNTY files: A. The COUNTY shall provide to the AWARDEE infonnation regarding its requirements for the PROJECT. B. The COUNTY will provide the AWARDEE with any changes in HOME regulations or program limits that affect the project, including but not limited to income limits, property value limits and rent limits. C. The COUNTY will conduct progress inspections of work completed to protect its interests as lender and regulatory authority for the project, and will provide information to the AWARDEE regarding any progress inspections or monitoring to assist it in ensuring compliance. The COUNTY's review and approval of the WORK will relate only to overall compliance with the general requirements of this Agreement and HOME regulations, and all COUNTY regulations and ordinances. Nothing contained herein shall relieve the AWARDEE of any responsibility as provided under this Agreement. XI — Equal Employment Opportunitv During m the performance of this contract, the AWARDEE agrees as follows: A. The AWARDEE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin(s). The AWARDEE will take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin(s). Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The AWARDEE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer of the COUNTY setting forth the provisions of this nondiscrimination clause. B. The AWARDEE will, in all solicitations or advertisements for employees placed by or on behalf of the AWARDEE, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The AWARDEE will send to each labor union or representative of workers with which he has a _ collective bargaining agreement or other contract or understanding, a notice to e prol�r�� No. Empowerment Alliance of Southwest Florida Community Development Corporation 1 ageGOT 1� 4 2003 Pg. �� the COUNTY's contracting officer, advising the labor union or worker's representative of the A WARDEE's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The AWARDEE will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The AWARDEE will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the COUNTY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and order. F. In the event the AWARDEE is found to be in noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the AWARDEE may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the Secretary of Labor or as otherwise provided by law. G. The AWARDEE will include the provisions of paragraphs (a) through (g) of this agreement in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secr .;try of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The AWARDEE will take such action with respect to any subcontract or purchase order as the COUNTY may direct as a means of enforcing such provisions, including sanctions for noncompliance, provided, however, that in the event the AWARDEE becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the COUNTY, the AWARDEE may request the United States to enter into such litigation to protect the interest of the United States. XII — Labor, Training & Business Opportunitv The AWARDEE agrees to comply with the federal regulations governing training, employment and business opportunities as follows: A. It is agreed that the WORK to be performed under this agreement is on a project assisted under a program providing direct Federal financial assistance from the US Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u, as well as any and all applicable amendments thereto. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given low and moderate income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the project ar AGENDA ITEM No. /G 2003 EmpoNN erment Alliance of Southwest Florida Conununity Development Corporation Pa 10 of 18 Pg. B. The AWARDEE shall comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 Code of Federal Regulations and all applicable rules and orders of the U.S. Department of Housing and Urban Development issued thereunder as well as any and all applicable amendments thereto prior to the execution of this contract as well as during the term of this contract. The AWARDEE certifies and agrees that it is under no contractual or other disability, which would prevent it from complying with these requirements as well as any and all applicable amendments thereto. C. The AWARDEE will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the COUNTY, take appropriate action pursuant to the subcontractor upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, in 24 Code of Federal Regulations. The AWARDEE will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 code of Federal Regulations and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with these requirements as well as with any and all applicable amendments thereto. D. Compliance with the provisions of Section 3, the regulations set forth in 24 Code of Federal Regulations and all applicable rules and orders of Housing and Urban Development issued thereunder prior to the execution of the contract shall be a condition precedent to federal Financial assistance being provided to the PROJECT as well as a continuing condition, binding upon the applicant or recipient for such assistance, rt,: successors, and assigns. Failure to fulfill these requirements shall subject the AWARDEE or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by 24 Code of Federal Regulations as well as with any and all applicable amendments thereto. XIII — Compliance with Federal, State & Local Laws The AWARDEE covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules and regulations of the state local and federal governments, and all amendments thereto, including, but not limited to; Title 8 of the Civil Rights Act of 1968 PL.90 -284; Executive Order 11063 on Equal Opportunity and Housing Section 3 of the Housing and Urban Development Act of 968; Housing and Community Development Act of 1974, as well as all requirements set forth in 24 CFR 92 of the HOME INVESTMENT PARTNERSHIPS PROGRAM. The AWARDEE covenants and warrants that it will indemnify and hold the County forever free and harmless with respect to any and all damages whether directly or indirectly arising out of the provisions and maintenance of this contract. The AWARDEE agrees to comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). The AWARDEE further warrants and agrees to include or cause to be included the criteria and requirements of this section in every non - exempt subcontract in excess of S 100,000. The AWARDEE also agrees to take such action as the federal, state or local government may direct to e[force aforesaid ..•. provisions. AGENDA ITEM No._—,��,� Empowerment Alliance of SOtlthwest Florida Community Development Corporation jage"1`itf1Ij 2003. Pg. /01 As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the AWARDEE certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). XIV — Suspension & Termination In accordance with 24 CFR 85.43, suspension or termination may occur if the AWARDEE materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. If, through any cause, the AWARDEE shall fail to fulfill in timely and proper manner its obligations under this contract, or if the AWARDEE shall violate any of the covenants, agreements, or stipulations of this contract, the COUNTY shall thereupon have the right to terminate this contract by giving written notice to the AWARDEE of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, the AWARDEE shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of said termination. Notwithstanding the above, the AWARDEE shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the contract by the AWARDEE and the COUNTY may withhold any payments to the AWARDEE for the purpose of setoff until such time as the exact amount of damages due the COUNTY from the AWARDEE is determined whether by court of competent jurisdiction or otherwise. Y XV — Termination for Convenience of the COUNTY The COUNTY may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the AWARDEE. If the contract is terminated by the COUNTY, as provided herein, the County will reimburse for any actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down the work as of the date of notice, and the AWARDEE will be paid as a FEE an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the AWARDEE covered by this contract, less payments of compensation previously made. Claims and disputes between the parties will be submitted to the American Arbitration Association for resolution. Award or judgment maybe entered in any court having jurisdiction thereof. XVI — Default -Loss of Grant Funds If the AWARDEE fails in any manner to fully perform and carry out any of the terms, covenants, and conditions of the agreement, and more particularly if the AWARDEE refuses or fails to proceed with the work with such diligence as will insure its completion within the time fixed by the schedule set forth in ATTACHMENT C of this agreement, the AWARDE E shall be in default and notice in writing shall be given to the AWARDEE of such default by the COUNTY or an agent of the COUNTY. If the AWARDEE fails to cure such default within such time as may be required by such notice, the COUNTY, acting by and through the FAH, may at its option terminate and cancel the contract. AGENDA ITEM No. 14 Empowerment Alliance of Southwest Florida Community Development Corporation Pa e 1� 2 ILI 18 � ��Q3 Pg•-� In the event of such termination, all grant funds awarded to the AWARDEE pursuant to this agreement shall be immediately revoked and any approvals related to the PROJECT shall immediately be deemed revoked and canceled. In such event, the AWARDEE will no longer be entitled to receive any compensation for work undertaken after the date of the termination of this agreement, as the grant funds will no longer be available for this project. Such termination shall not effect or terminate any of the rights of the COUNTY as against the AWARDEE then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to the COUNTY under the law and the note and mortgage (if in effect), including but not limited to compelling the AWARDEE to complete the project in accordance with the terms of this agreement, in a court of equity. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. XVII — Reporting Responsibilities The AWARDEE agrees to submit any and all detailed monthly progress reports required by the Financial Administration and Housing Department (FAH) outlining the status of specific activities under the project. Each report must account for the total activity for which the AWARDEE is reimbursed with HOME funds, in part or in whole, and which is required in fulfillment of their obligation regarding the project. The progress reports should be mainly in the form of a narrative, and shall be used as an additional basis for FAH approval of invoice, etc. for reimbursement. The form must be completed for the past mc, i,th and submitted to FAH staff by the 10`h of the following month. The FAH will send the AWARDEE one reminder notice if the monthly report has not been received fourteen (14) days after the due date. If the AWARDEE has not submitted a report fourteen (14) days after the date on the reminder notice, the COUNTY will have the option to terminate the contract as described in this agreement. In addition, the AWARDEE agrees to provide the FAH information as required to determine program eligibility, in meeting national objectives, and financial records pertinent to the project. Additional reporting requirements are included as ATTACHMENT A XVIII —Inspection, Monitoring & Access to Records The COUNTY reserves the right to inspect, monitors, and observe work and services performed by the AWARDEE at any and all reasonable times. The COUNTY reserves the right to audit the records of the AWARDEE any time during the performance of this Agreement and for a period of five years after final payment is made under this Agreement. If required, the AWARDEE will provide the FAH with a certified audit of the AWARDEE's records representing the Fiscal Year during which the PROJECT becomes complete whenever the amount listed in SECTION VII is at or exceeds 5300,000, pursuant to the requirements of OMB Circular A -133. Access shall be immediately granted to the COUNTY, Ht D, the Comptroller General of the United States, or any of their duly authorized representatives to any books. documents, pape , and Empowerment Alliance of Southwest Florida Conununity Development Corporation ag ()UroJ 4 2003 the AWARDEE or its contractors which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. XIX — General Conditions A. All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Naples, Florida 34104, and to the AWARDEE when delivered to its office at the address listed on page one (1) of this Agreement. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. The parties hereto agree that this Agreement shall be construed and enforced according to the laws of the State of Florida. F. Should any provisions, paragraphs, sentences, words or phases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the Collie County, such provisions, paragraphs, sentences, words or phrases shall be deemed modiCed to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in frill force and effect. G. The AWARDEE shall comply with the provisions of the Copeland Anti - Kick -Back Act (18 U.S.C. 874) as supplemented in the Labor Regulations (29 CFR Part 3), as amended. H. The AWARDEE shall comply with the provisions of sections 103 and 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327 -330) as supplemented by Labor regulations (29 CFR, Part 5), as amended. I. The AWARDEE further warrants and agrees to include or cause to be included the criteria and requirements of paragraphs (G) through (H) of this section in every nonexempt subcontract. The AWARDEE also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. J. The obligations undertaken by AWARDEE pursuant to this Agreement shall not be delegated or assigned to any other person or agency unless COUNTY shall first consent to the performance or assignment of such service or any part thereof by another person or agency. K. The Agreement shall be binding upon the parties hereto, their heirs, executors, legal representative, successors and assigns. AGEWA ITEM No- -L-- -� Empowerment Alliance of Southwest Florida Community Deg - elopment Corporation Phe 1`4`6 it 4 2003 Pg. / 5 L. AWARDEE shall indemnify and save COUNTY harmless from and against any negligent claims, liabilities, losses and causes of action which may arise out of AWARDEE's activities under this Agreement, including all other acts or omissions to act on the part of AWARDEE, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. M. AWARDEE and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the COUNTY, and shall not attain any rights or benefits under the civil service or pension ordinances of the COUNTY, or any rights generally afforded classified or unclassified employee; further they shall not be deemed entitled to state Compensation benefits as an employee of the COUNTY. N. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and /or change in regulations. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION (SUBRECIPIENT SEAL) BY s�d�D� EDW R. OLESKY, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK M Deputy Clerk _t Approved as to form and ', r le l sufficlebcv: Patrick G. White Assistant County Attornev BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN AGENDA ITEM N. -z� Empowerment Alliance of Southwest Florida Community Development Corporation age 15 of 1� Pg. "ATTACHMENT A" HOME MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 90"' of the following month. Status Report for Month of Project Name Project Number Awardee: Contact Person Telephone: E -mail: Submittal Date: Activity Number Fax: 1 • Activity Status /Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application forth is project. 5. New contracts executed this month (if applicable): Empowerment Alliance of Southwest Florida Community Development Corporation AGENDA ITEM No 14X OCT 1 4 2003 ge 1p of 18 17 S• � Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on page 3) Ethnicity (see definitions on page 3) Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box "I. INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5° below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household Assisted (0 -30 %) (31 -50 %) AGENDA ITEM No.� I OCT 14 Empowerment Alliance of Southwest Florida Community Development Corporation C B age � 7 of 18�V AWARDEE must indicate total beneficiaries for Race AND Ethnicit Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African - American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast. Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries AGENDA ITEM Noa /4 A Empowerment Alliance of Southwest Florida Community Development Corporatio Page 1,8 of 18 vuJ Pg•�. EXECUTIVE SUMMARY APPROVAL OF TOURISM AGREEMENTS FOR GRANTS AND SPONSORSHIPS FOR FY 2003 -04, TO FIND THAT THE PROJECTS ARE IN THE PUBLIC INTEREST BY PROMOTING TOURISM IN COLLIER COUNTY AND TO AUTHORIZE PAYMENT OF ALL EXPENSES RELATED TO THOSE PROJECTS. OBJECTIVE: The Tourist Development Council (TDC) has recommended funding of three projects for FY 2003 -04 that will promote tourism in Collier County and are in the public interest. Approval by the Board of County Commissioners is requested. CONSIDERATIONS: First Annual Bluegrass Festival: Category "B" Request: The Collier County Fair and Exposition, Inc. is sponsoring a Blue Grass Festival on November 14 -16, 2003 at the Collier County Fairgrounds. The advertising and promotional expenditures in the arnount of $10,000 that are requested for reimbursement are for paid advertising in out -of- county newspapers and on regional cable television stations to promote the two -day festival. The TDC recommended funding this event for $10,000 on April 28, 2003. Collier Countv Historical Society Restoration of Palm Cottage- Category "C -2" Request: Palm Cottage is in need of extensive renovation to continue its role as a tourism showplace. The Collier County Historical Society will match the tourism grant amount of $40,000 dollar- for - dollar with privately raised funds and will spend in excess of 592,000 for the renovation project. Palm Cottage attracts about 5,000 visitors per year and is the site of many weddings and special occasion events. Collier County hotels recommend Palm Cottage to their guests as a must stop on tours of the area. The renovations covered by this grant are for restoration of the main guesthouse interior and exterior and to the garage exterior. The TDC recommended funding this project at $42,900 on April 28, 2003. The adopted FY 04 budget includes $406,500 for non - County museums in FY 04. Staff recommends funding $40,000 of the Palm Cottage restoration project. Naples Botanical Garden: Category "C -2" Request: This will be the third year of funding for Naples Botanical Garden and marks a change in direction of the grant. Expenditures for reimbursement will be toward promotional expenses in FY 03 -04 such as advertising of special events, printing of promotional materials, development of a web site, a video presentation and market research. Equipment expenditures will b e t o s upport s elf- guided t ours a nd f or traveling exhibits. The TDC recommended funding this project in the amount of $392,500, a reduction from the requested $500,000 due to lower projected tourist tax revenue. Based on the available $406,500 for non - County museums in FY 04 (less the $40,000 Palm Cottage project), there is $366,500 available for the Naples Botanical Gardens request. Each of these projects was pre- screened by a committee of tourism industry and TDC representatives on April 9, 2003 to determine eligibility and by the TDC on April 28, 2003. The TDC recommends funding these projects and the tourism staff has budgeted the indicated funds in the proposed FY 03 -04 Tourism Budget. ... FISCAL IMPACT: The funds are budgeted in the FY 03 -04 Tourism Budget. 14 4 e GROWTH MANAGEMENT IMPACT: There is no Growth Management impact from these three projects. RECOMMENDATION: That the Board of County Commissioners find that The First Annual Blue Grass Festival, the restoration of Palm Cottage and the Naples Botanical Garden project are in the public interest by promoting tourism in Collier County, and to authorize the Chairman to sign the relate 1 Tourism Agreements and authorize the Clerk of the Circuit Court to pay all related expenses as outlined in the Tourism Agreements. SUBMITTED BY: JACK WERT, TOURISM DIRECTOR DATE APPROVED BY: 1 ,31 Q� JOSO K. SCHMIT , ADMINIST TOR DATE CO UNITY DEVELOPMENT AND EN, ONMENTAL SERVICES DIVISION AGEWA ITEM OCT 14 2003 2004 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. REGARDING THE FIRST ANNUAL BLUEGRASS FESTIVAL THIS AGREEMENT, is made and entered into this _ day of 2003 by and between Collier County Agricultural Fair and Exposition, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as 'Plan ") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of county tourism within the State of Florida, nationally and internationally, which encourages tourism with an emphasis on off - season visitors; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax Category "B" funds for the First Annual Collier County Bluegrass Festival scheduled for November 14 through November 16, 2003 (the "Event "); and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK. In accordance with the Budget attached as Exhibit "A ", GRANTEE shall advertise and promote the Event. The date(s) of the Event and the key participants may not _ AGENDAI be changed without an amendment to this Agreement as provided in Section 17. No. OCT 1 4 2003 pz3 2. PAYMENT. The amount to be paid under this Agreement shall be Ten Thousand Dollars ($10,000.00). GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the Tourism Department Director or his designee. The Tourism Department Director, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoic, submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed $10,000 as detailed in the attached "Exhibit A ". 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of after termination of this Agreement or any extension or renewal thereof. N OCT 14 2003 Pg. 4. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability — Statutory The Certificate of Insurance must be delivered to the Tourism Department Director, or his designee, within ten days of execution of this Agreement by COUNTY. GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. CHOICE OF VENDORS AND FAIR DE.kLING. GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. INDEMNIFICATION. GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision sh4l al OCT 14 2003 PQ. to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Ann Ward, Manager Collier County Agricultural Fair & Exposition, Inc. 751 39`° Ave., 114h- Naples, FL 34120 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: Tourism Department Director 3050 North Horseshoe Drive, #218 Naples, FL 34104 GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. . 8. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 7 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obli AGENDA with subcontractors and vendors, by GRANTEE up to the effective date of the to in R OCT 1 4 2003 P$. 6 long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 1.0. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 11. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of COUNTY. 13. TERM. This Agreement shall become effective on [date Board approves] and shall remain effective for one year. GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 14. AVAILABILITY OF FUNDS. This Agreement is subject to budget arli cogction tourist development tax funds. OCT 14 2003 Pg. I 15. EVALUATION OF TOURISM IMPACT. GRANTEE shall monitor and evaluate the Event identifying the success of the Event in terms of economic impact and number of hotel room nights attributable to the Event; explaining how the success, impact and quality were evaluated; report overall attendance including resident/non- resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the Tourism Department Director, or his designee, within sixty (60) days of the date of the Event. 16. REQUIRED NOTATION. All promotional literature and media advertising must prominently list Collier County and the Greater Naples, Marco Island, Everglades Convention and Visitors Bureau as one of the sponsors. 17. AMENDMENTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council, IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, Chairman AGENDA I M No. . OCT 14 2003 Pg. L- WITNESSES: (1) Signature Printed /Typed Name (2) Signature Printed /Typed Name Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney GRANTEE: COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. By: Printed/Typed Name Printed/Typed Title OCT 1 4 2003 Pg.- -= EXHIBIT "A" Project Budget Collier County Bluegrass Festival Advertising and Promotion $ 10,000.00 • includes display ads - Orlando Sentinel Tampa Tribune Miami Herald Port Charlotte News Press Country Grape Vine Other Out of County Print Media • includes electronic media — Comcast Cable Radio in Sarasota, Tampa & Miami Other Out of County Print Media OCT 14 2003 PQ 16 2004 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HISTORICAL SOCIETY, INC. FOR THE RESTORATION OF PALM COTTAGE. THIS AGREEMENT, is made and entered into, this — day of 2003 by and between Collier County Historical Society, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" RECITALS: WHEREAS, GRANTEE has submitted an application for Category "C -2" Tourist Development Tax Funds in the amount of $92,900.00 for the restoration of Palm Cottage (the "Project "); and WHEREAS, the COUNTY desires to fund the Project in the amount of $40,000.00. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK. GRANTEE prepared a detailed application and proposal outlining the pass management project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "Proposal ", attached as Exhibit "A ". GRANTEE shall provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT. The maximum reimbursement under this Agreement shall be Forty Thousand Dollars and No /100 ($40,000.00). GRANTEFsW J- UM pT 14 2003 P y. ! 1 GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. The amounts applicable to the line items of Exhibit "A" subject to the maximum total amount may be increased or decreased by up to 10% at the discretion of the GRANTEE. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the Tourism Department Director or his designee. The Tourism Department Director, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A ". 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Section I will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up t one Fvo. `i after termination of this Agreement or any extension or renewal thereof. OCT 14 2003 pg. 1.2-- 4. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement and be issued by a company licensed in the State of Florida and provide General Liability Insurance for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability — Statutory The Certificate of Insurance must be delivered to the Tourism Department Director, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 5. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. INDEMNIFICATION. GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of AGENDA ITEM litigation and judgments of any name and description arising out of or incid ntaltAo the /6R OCT 14 2003 PQ. 13 performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Don Wingard, President Collier County Historical Society, Inc. P O Box 201 Naples, Florida 34102 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: Tourism Department Director 3050 North Horseshoe Drive, #218 Naples, Florida 34104 GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. 8. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 7 and specifying the effective date of termination. If COUNTY terminates this gree4ent �, OCT 14 2003 COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 11. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under- this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of COUNTY. 13. TERM. This Agreement shall become effective on [date Board approves] and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A ", but no later than September 30, 2004. 14. EVALUATION OF TOURISM IMPACT. GRANTEE shall monitor and evaluate the tourism impact of GRANTEE'S activities, explaining how the tourism impact was evaluated and shall provide a written report to the Tourism Department Director or his designee within sixty (60) days of the expiration of this Agreement. 15. REQUIRED NOTATION. All promotional literature and media advertising must prominently list Collier County and the Greater Naples, Marco Island, Everglades and Visitors Bureau as one of the sponsors. C CT 14 2003 Pg.�5! ._. 16. AMENDMENTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 17. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk WITNESSES: (1) Signature Printed/Typed Name (2) Signature Printed /Typed Name Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS %- OLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman GRANTEE COLLIER COUNTY HISTORICAL SOCIETY, INC. By: DON WINGARD, President AGENDA I ' No. OCT 14 2003 pg. /� EXHIBIT "A" Project Budget Palm Cottage Restoration Guesthouse Interior and Garage Restoration Exterior Main House Restoration $ 24,000 $ 16,000 Total $ 40,000 INELIGIBLE EXPENDITURES INCLUDE MOVABLE ITEMS SUCH AS FURNISHINGS AGENDA ITEM NO. /G OCT 14 2003 Pg. r COLLIER COUNTY HISTORICAL SOCIETY PALM COTTAGE RESTORATION PROJECT Collier County Government Tourist Development Council Special Category "C" Museum Grant 2003 Application for Program Year 2003 -2004 Submitted by: Collier County Historical Society Submission Date: March 31, 2003 �co p(,) X01 Pc i 0� l OCT 14 2003 9, 54 COLLIER COUNTY GOVERNMENT TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION SPECIAL CATEGORY "C" MUSEUM GRANT I GENERAL INFORMATION To assist us in evaluating the impact your project may have on Collier County and to better understand what support you are requesting, the following questions must be answered in full. (1) NAME OF ORGANIZATION _Collier County Historical Society (2) NAME OF PROJECT Palm Cottage Restoration (3) PROJECT INFORMATION: STREET ADDRESS 137 Twelfth Avenue South Naples, FL 34102 (4) CONTACT PERSON Jill Erickson (5) COMPLETE ADDRESS OF ORGANIZATION: �~ STREET P.O. Box 201 CITY Naples ST-FL-ZIP-34106_ PHONE: (239) 261 -8164 FAX: _(239) 435 -1438 (6) ORGAN'IZATION'S CHIEF OFFICIAL: Don Wingard TITLE: President Address if different from above: PHONE: FAX: (7) TYPE OF APPLICANT: (X) NON - PROFIT ( )GOVERNMENT AGENCY ( ) FOR - PROFIT ORGANIZATION (8) GRANT AMOUNT REQUESTED: $ 92,900 (9) MATCH/LOCAL COST SHARE AMOUNT: $ 92,900 Page 1 AGENDA 171t OCT 14 2003 0.1- r r k v (10) PROJECT TYPE (CHECK ONE) ( ) MUSEUM GENERAL OPERATING SUPPORT ( ) MUSEUM EXHIBIT ( ) ARCHAEOLOGICAL SITE SURVEY ( ) ACQUISITION & DEVELOPMENT ( ) COMMUNITY EDUCATION PROGRAM (X) HISTORIC RESTORATION ( ) EDUCATIONAL MATERIALS ( ) HISTORIC SITE DESIGNATION (NATL REGISTER OF HISTORIC PLACES) ( ) HISTORICAL MARKER ( ) OTHER (11) IF ENTIRE REQUEST CANNOT BE FUNDED, MAY THE PROJECT BE RESTRUCTURED FOR LESS FUNDING? (X ') YES ( ) NO 12. PROJECT DESCRIPTION: describe in detail the project for which funding is requested The Collier County Historical Society (the Society) was founded in 1962 with a mission to encourage interest in the history and heritage of Collier County and to preserve historical assets for our community and future generations. The Society accomplishes this mission through the educational programs, archival resources and preservation initiatives, which are focused on the acquisition, restoration, maintenance and operation of historically significant community landmarks. In 1978, the Society purchased Palm Cottage, - _ie second oldest home in Naples. It was built in 1895 by Walter Haldeman, publisher of the Louisville Courier - Journal and served as overflow for guests of the Naples Hotel at the turn of the Century. It became the winter residence of Haldeman's foremost editor, Henry Watterson, who won the Pulitzer Prize for journalism in 1918. Palm Cottage has served Collier County as a historical house museum displaying an extensive photo collection and depicting Naples heritage to over 5,000 visitors annually for the past twenty years. In 1982 the cottage was listed with the National Registry of Historic Places and continues to be the only site to carry such prestigious recognition in Naples. The cottage has architectural significance as one of the few remaining local structures constructed of tabby, a cement mixture made from shells and beach sand. However, the Society is in need of assistance from the Tourist Development Council for the restoration of Palm Cottage. There is currently need for significant restoration and preservation of the exterior of main house, the exterior and interior of the guesthouse, the exterior of the garage and exterior property renovation. In addition the Society needs to refurbish the interior of the main house, which includes furnishings. The cottage is located one and a half blocks from the Gulf of Mexico. Because of its close proximity to the Gulf, and the associated weather, deterioration occurs quickly from salt and moisture. As a result numerous items need to be cleaned, repaired and/or replaced in this restoration project. The specific areas of detail of the exterior restoration of the main house include: windows and their wood frames repaired and/or replaced; clapboard siding replaced where deteriorated and painted; soffit and fascia cleaned, repaired and painted; tabby mortar cleaned and scraped, cracks and holes repaired, caulk replaced and stucco applied; do gutters repaired or replaced; front � A orch wood re aired, screens re laced and painted; a � to 1/ . Page 2 OCT 14 2003 Lpfi o2 b 3 be replaced on the front porch and windows; doors and screen door wood needs to be repaired; exterior hardware and lighting needs to be replaced; rear porch repair of all wood, recondition all windows and hardware and paint. The roof of Palm Cottage needs to be replaced and considerable work needs to be done at the eaves and drip -edges to solve the moisture intrusion problem. The guesthouse interior restoration involves installing a new floor and repair and painting of the walls. The guesthouse exterior restoration includes replacing the roof, windows and wood frames repaired or replaced and clapboard siding replaced where deterioration has occurred and then needs to be repainted. The exterior garage restoration will include a new roof, new doors, windows and wood frames repaired and clapboard siding replaced where deteriorated or replaced and repainted. The exterior property renovation includes the installation of a new irrigation, landscaping and installation of driveway /parking area. The Society would like Palm Cottage's furnis a becaniP mare zfle tivP of the turn of the centu his would invo v�hin�gs1 for the parlor, the dining room, the library, the central hall, the four bedrooms and the wide screened porch across the front of the cottage. 13.. VISUAL PLAN FOR PROJECT: Provide a 3x. ' or exhibit. 14. ANNUAL MAINTENANCE: What is the anticipated cost of annual maintenance of the historic property, site, marker, exhibit or program upon completion of the project? responsible for annual maintenance and what is the source of on -going funding? Page 3 OCT 14 2003 a1 The annual cost of maintenance has averaged $10,000 over the past several years, which has been performed on a routine basis. The Board of Directors is responsible to oversee that the annual maintenance is completed. The main source of funding has been and will continue to be from local contributions and membership dues. 15. APPLICANT'S GRANT HISTORY: Have you received previous grant assistance from the Collier County Tourist Development Council? If so, specify the year, the project name and the amount of the grant awarded. The CCHS has not received prior grant assistance from the Collier County Tourist Development Council. YEAR PROJECT NAME PREVIOUS GRANT AMOUNT $ If you have previously received funding from the TDC, please attach a copy of your FINAL STATUS REPORT including attendance, economic impact and other information that will enable the TDC staff and review committee to evaluate your prior experience. 16. How long will it take you to complete this project ?_ Completion of Palm Cottage Restoration project will take approximately twelve months. 17. MATCHING RESOURCES: List the sources and amounts of confirmed matching funds. LOCAL SHARE $ OTHER FUNDING SOURCES: Karen Rhines $ Robert Hord Lavern Gaynor, 65,900_ 12,000 $ 10,000 $ 5,000 TOTAL MATCHING FUNDS: $ 92,900 Page 4 OCT 1 4 2003 PQ. Wa 18. Provide a brief explanation of the Direct Economic Impact this project will have on the surrounding community. Palm Cottage is located at the heart of the Historical District of Olde Naples and is adjacent to Naples Pier. Palm Cottage acts as a central location and magnet drawing local residents and visitors to the area. Because Palm Cottage is a draw, a number of other establishments benefit from the traffic including hotels, retail establishments, restaurants, art galleries and Pier concessions. Based on our guest book information, we estimate that 50% of our annual visitors, or 2,500 come from tourists outside the county. If one hotel room night is generated for every three out of county visitors, this equates to 800 hotel room nights per year. In addition, Palm Cottage is the selected location for a minimum of 25 special events and weddings per year with an average of 50 attendees per event. Most of these events involve out of town guests. Assuming 50% of the attendees require overnight accommodations, an additional 300 hotel room nights can be generated by Palm Cottage, based on double accupancy. The direct impact on hotel revenues is estimated to be 1,100 room nights or $220,000 based on an average of $200 per night. The vast majority of the 5,000 annual visitors shop at retail establishments on 3 d Street South and 5th Avenue South and dine at local restaurants. If it assumed that each visitor to Palm Cottage spends as little as $25 per person, this would add an additional $125,000 to the local economy. The special events and weddings has numerous additional expenditures which are paid directly to the service providers including caterers, florist, entertainment food and beverage and party supply rentals. Each event averages $5,000 in expenses beyond the rental of Palm Cottage generating another $125,000 for local businesses. Based on our conservative estimates the direct economic impact is estimated at $470,000. 19. What is the current or anticipated annual visitation to your project/facility? _5,000 H DETAILS ON YOUR ORGANIZATION: In narrative form please describe your organization in the following areas. Use a separate sheet to complete these questions in detail. (1) What are your organization's goals and objectives? (2) What services does your organization provide? (3) How will your organization monitor expenditure of funds? (4) How will your event bring additional visitors and hotel room nights to Collier County? (5) What is your organization's experience in managing sponsorships and grants? (6) What is your organization's current annual operating budget? $_118,488 A ENDA ITU4�V Page 5 OCT 1 4 2003 ,?3 Q- C Palm Cottage Restoration Project Narrative (1) What are your organization's goals and objectives? The purpose of the Collier County Historical Society is to encourage interest in the history and heritage of Collier County and to preserve historical assets for our conununity and future generations. The Society accomplishes this mission through educational programs, archival resources and preservation initiatives, which are focused on the acquisition, restoration, maintenance and operation of historically significant landmarks. (2) What services does your organization provide? The Collier County Historical Society owns, maintains and operates Palm Cottage, the second oldest home in Naples. The Cottage has served as a house museum for over 20 years and provides an integral link to the local heritage and Florida history to over 5,000 visitors annually who otherwise would not have access to this aspect of Old Florida. Dozens of volunteers serve as docents providing historical narrated tours of the museum on a daily basis. Monthly historical walking tours are coordinated throughout the Naples Historic District including a collaboration with Gallery Row on Broad Street. Through active participation with the local hotels, the Southwest Florida Concierge Association and the Chamber of Commerce, special tours are arranged for visiting groups and individuals on a regular basis. Partnerships have been specifically been established with the Ritz - Carlton Beach Resort and The Registry Resort. Educational programs are offered throughout the year for all ages. The Society has established a collaboration with the local schools. Students visit as part of the state history curriculum and receive hands on education of the early history of our area through exposure to Palm Cottage. The Society has an extensive collection of photographs dating back to the late 1800's chronicling the initial permanent development of Naples. Many of these photos are one -of -a -kind and are being carefully preserved through cataloging and archiving of the collection. Palm Cottage also houses a resource center with numerous books and periodicals on both local and Florida history. (3) How will your organization monitor expenditure of funds? The Executive Director and the Board of Directors will oversee the monitoring of the grant expenditures. A system of accountability will be established and the line item budget will be adhered to. All phases of work will be performed by licensed professionals as defined in a preplanned and a detailed work plan approved by volunteer Board Members and staff. Volunteers will oversee the project performance on a daily and/or weekly basis. The Board and staff will also monitor progress against budget and schedule ensuring all work is performed satisfactory and according to plan. (4) How will your event bring additional visitors and hotel room nights to Collier County? Palm Cottage is a unique attraction in Collier County serving as a house museum to over 5,000 visitors annually. By generating publicity campaigns both inside and outs e AcEro of the area, the attraction adds one more reason to come to Collier County or to stay a No. Page 6 OCT 14 20C 0 additional night. Temporary exhibits such as our "Holiday Designer Showcase" held throughout the month of December and the "Haunted Tales From the Past" special tours that are offered in October help attract numerous visitors from outside the area. Palm Cottage has and will continue to pursue partnerships with hotels, other attractions, tour operators and travel agents to ereate packages to drive visitors to Collier County in the off - season. The Collier County Historical Society has a relationship established with The Ritz - Carlton, Naples and the Registry Resort to provide special tours for groups and individuals (Exhibit 1). One of the popular tours offered is a collaboration of the Historic Area and Gallery Tour (Exhibit 2). Currently the Society pursues every marketing and public relations opportunity outside of Collier County. It has linked with Visit Florida and FLA USA websites and will continue to seek other links outside the area as well. It has succeeded in generating extensive editorial coverage from the News - Press. The local magazines constantly include events and general historical editorial. Radio partnerships have also been developed with Meridian Broadcasting Group and Beasley Broadcasting. Continued partnerships and alternative funding sources will be sought on an on -going basis. The Society has launched an aggressive public relations campaign outside of the area as far north as Tampa and on the east coast from West Palm Beach down to Miami. Palm Beach Illustrated has publicized events held at Palm Cottage in the past. In addition, the Society works with travel writers and recently received publication in the Hamilton Spectator in Ontario (Exhibit 3). The Society prints a rack card for both local and out of area distribution (Exhibit 4). It is supplied to the Chamber of Commerce and the local hotels. A grant is being sought to print 50,000 brochures for distribution outside of Collier County. (5) What is your organization's experience in managing sponsorships and grants? The Collier County Historical Society has been funded through private contributions, admissions, rental fees and membership dues. The Society has recently begun to receive corporate sponsorship for events. It has established set benefits for specific sponsorship levels and works diligently to deliver more than what is promised to the donor. Documentation is provided to the sponsor in a timely and efficient manner including post event attendance, potential value of public awareness generated, and financial success of the event. The Society has an experienced Executive Director, who has a Masters Degree in English. Literature and 13 years experience as Director of Development and Promotion in Public Broadcasting, Director of Development for South Carolina's Trial Lawyers Association and Public Affairs Director of South Carolina's National Guard. In addition, numerous volunteers are available to assist with administrative matters. All of these individuals are retired volunteers who have had relevant administrative experience in their past professions and are committed to properly administering the grant project and satisfying all requirements with timely reporting and administration to the Tourist Development Council Grant. Page 7 1 OCT 14 2003 PROJECT BUDGET RECAP INCOME SOURCES: TOURIST DEVELOPMENT TAX REQUEST $_92,900 ADDITIONAL FUNDING SOURCES (Must equal or exceed TDC funding request) Karen Rhines $_12,000 Robert Hord $ 10,000 Lavern Gaynor $_5,000 Interest Income $_50,000 Bank Account: Money Market_ $ _7,600 Bank Account: Checking $ 8,300 TOTAL ADDITIONAL FUNDS $ 92,900 OTHER INCOME SOURCES TOTAL OTHER INCOME $ TOTAL INCOME - ALL SOURCES $ Page 8 185,800 OCT 14 2003 PROJECT EXPENSES: Intended Utilization of Tourist Tax Funds Provide an itemized summary indicating the intended use of TDC funds. Please be as explicit as possible. includine intended publications, promotional materials, etc. and how much money will be expended for each catepory. Use additional sheets ary. Exterior Property _Restoration: Palm Cottage Exterior $ 51,500 _Restoration: Exterior Property $ 26,500 Restoration: Guesthouse Interior $ 5,000 Restoration: Guesthouse Exterior $ 2,900 _Restoration: Garage $ 7,000 .1, Note: Itemized list attached Total To un s i ize Other Project Expenses Restoration: Palm Cottage Exterior _Restoration: Exterior Property Restoration: Guesthouse Interior _Restoration: Guesthouse Exterior _Restoration: Garage Total Other Project Expenses TOTAL PROJECT EXPENSES Profit (Loss) M $ - 51,500 $ 26,500 $ 5,000 $ 2,900_ $ 7,000 $ 92,900_ $ 185,800 $ 0 Page 9 Collier County Historical Society Palm Cottage Restoration Project Project Expenses Itemized Details Palm Cottage Exterior House Restoration New Roof $ 40,000 Woodworking Outside $ 5,000 Painting $ 15,000 New Screens /Enclosures $ 3,000 Windows $ 6,000 Clapboard Siding $ 5,000 Soffit and Fascia $ 5,000 Tabby Mortar $ 5,000 Downspouts & Gutters $ 2,000 Front Porch $ 6,000 Awnings $ 3,000 Exterior Doors $ 3,000 Hardware & Lingting $ 1,000 Rear Porch $ 4,000 Total $ 103,000 Palm Cottage Exterior Property Renovation Landscaping $ 45,000 New Irrigation System $ 3,000 Driveways /Parking Area $ 5,000 Total $ 53,000 Guesthouse Interior Restoration New Flooring $ 5,000 Repair Walls/Paint $ 1,000 Move 1 -2 walls $ 2,000 Refurnish $ 2,000 �r7 Total $ 10,000 Guesthouse Exterior Restoration Painting $ 2,800 Wood Repair /Restoration $ 2,000 Window Replacement $ 1,000 Total $ 5,800 Garage New Roof /Shingles/Wood $ 8,000 New Doors $ 2,000 New Windows $ 2,000 Electrical $ 2,000 .Total $ 14,000 TOTAL PROJECT COSTS $ 185,800 Note: These numbers are estimates, a bidding process will be used for each project. OCT 14 2003 Page 10 CERTIFICATION I have reviewed this Application for Funds from the Tourist Development Council for FY 2003 -04. I am in full agreement with the information contained herein. To the best of my knowledge, the information contained in this Application and its attachments is accurate and complete. ILLUL� Chief Corporate Officer 3 fA 3 Date Seal ' Document JL Corporation SecretW/y r V" jag 63 Date Page 11 OCT 1 4 2003 15 Collier County Tourist Development Council Preliminary Status Report EVENT NAME: _ Palm Cottage Restoration REPORT DATE: March 31. 2003 ORGANIZATION: Collier County Historical Society CONTACT PERSON: JUI Erickson TITLE: Executive Director. ADDRESS: P.O. Box 102 Naples FL 34106 PHONE: (239) 261 -8164 FAX: (239) 435 -1438 On an attached sheet, answer the fo11owing questions and attach it to your application. PRELIMINARY INFORMATION: > Is this a first time project? If riot, please give details of past projects. > > Do you anticipate using area hotels in support of your project? > If so, what are the estimated hotel rooms nights generated by project? > > What is the estimated revenue generated by this project? > > What is the estimated number of participants expected to visit the project? > If project planning is in progress, what has been done, what remains to be done, and are there any problems? > > If the project planning has not been started, why? > > List any planned out -of- county advertising, marketing, and 'or public relations that will be used in support of the project. F OCT 14 2003 Page 12 �� CIE. Collier County Tourist Development Council Preliminary Status Report Collier County Historical Society Palm Cottage Restoration Project Attachment 1. Is this a first time project? If not, please give details of past projects. No, Palm Cottage underwent a major restoration effort in the mid- 1990's focusing in structural repairs and internal needs. The floors were taken up, the footings were reinforced, a new floor was installed an interior woodwork was repaired or replaced. 2. Do you anticipate using area hotels in support of your project? Yes, the Collier County Historical Society has a partnership with the Ritz- Carlton Beach Resort and The Registry Resort for special tours for groups and individuals (Exhibit 1). One of the popular tours offered is a collaboration of the Historic District and Gallery Tour (Exhibit 2). The Society is also an active partner with the Southwest Florida Concierge Association and the Chamber of Commerce. Palm Cottage has and will continue to pursue partnerships with hotels, other attractions, tour operators and travel agents to create packages to drive visitors to Collier County in the. off - season. 3. If so, what are the estimated hotel rooms nights generated by project? Based on our guest book information, we estimate that 50% of our annual volume is from tourists outside the county. Assuming there is one hotel room for every three of those out of county visitors and conservatively based on a one -night stay, this equates to 800 hotel room nights per year. In addition to the 5,000 annual visitors, we have a minimum of 25 significant private events and weddings utilizing Palm Cottage. Most of these events involve out of town visitors as guests. Based on our average event of 50 attendees and assuming half of these individuals require overnight accommodations, this would account for an additional 300 hotel room nights per year based on double occupancy. Therefore, Palm Cottage contributes an estimated 1,100 hotel room per year to Collier County. OCT 14 2003 Page 13 ri 4. What is the estimated revenue generated by this project? The estimated 1,100 room nights generated by Palm Cottage, at an average of $200 per night would generate $220,000 in hotel revenue. The vast majority of the 5,000 visitors shop at retail establishments on 3`d Street South and 5 1 Avenue South and dine at local restaurants. If we assume that each person visiting Palm Cottage spends as little as $25 per person, this would add $125,000 to local economy. In addition, each of the special events and weddings held at Palm Cottage have numerous expenditures paid directly to the following service providers: caterers, florists, entertainment, food and beverage and party supply rentals. Based on an average of $5,000 in expenses associated with each of the 25 events, an additional $125,000 is generated for local businesses. The result is an estimated $470,000 in direct economic impact for Collier County generated by Palm Cottage. 5. What is the estimated number of participants expected to visit the project? Palm Cottage currently has 5,000 visitors annually. Through a combination of this restoration and strengthened partnerships with the local hotels, partnerships with the other attractions, tour operators and travel agents we anticipate increasing visitors 15% on annual basis. 6. If project planning is in progress, what has been done, what remains to be done, and are there any problems? The Palm Cottage Restoration project planning is in progress. Detailed line items containing estimated costs of the restoration work to be performed for each building on the property have been completed. The Palm Cottage Restoration Project is ready to commence immediately upon notification of the grant award. There are no foreseeable problems to completing the project by September 30, 2004. Page 14 AGENDA TE No. OCT 14 2003 7. If the project planning has not been started, why? N/A 8. List any planned out -of- county advertising, marketing, and /or public relations that will be used in support of the project. Currently the Society pursues marketing and public relations opportunities outside of Collier County. The Society will launch an aggressive public relations campaign outside of the area as far North as Tampa and from West Palm Beach down to Miami to print publications in an effort to drive off - season tourism to Collier County. It has - linked to FLA USA and Visit Florida websites. It will continue to link our website, www.cchistoricalsociety com to as many sites as possible to drive additional tourism to Collier County. The Lee County News -Press consistently publicizes our calendar of events qp a regular basis. Major radio stations such as Meridian Broadcasting and Beasley Broadcasting run public service announcements for our events. The Society will work with any travel writers and continue to seek coverage not only of Palm Cottage, but for the entire area as a destination. Palm Cottage recently received editorial coverage in the Hamilton Spectator located in Ontario. The Society publishes a newsletter four times a year and mails to members both locally and out - of-state. The Society will work with the Collier County Tourism Director and staff and support any initiatives for co -op advertising, additional marketing or public relations opportunities and any other recommended partnerships. OCT 14 2003 Page 15 1 .- 3 3 2004 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES BOTANICAL GARDEN THIS AGREEMENT, is made and entered into this day of , 2003, by and between the Naples Botanical Garden, Inc., a Florida not - for - profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan ") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not - for - profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Category "C -2" Tourist Development Tax funds for the Florida Gardens Interpretive and Promotions Plans for the Naples Botanical Garden'project located on Bayshore Drive; and WHEREAS, The Tourist Development Council has approved this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: AGENDAi P40. -4h, 1 OCT 14 2003 1 �VPg. I. SCOPE OF WORK: --. (a) In accordance with the authorized expenditures as set forth in the Budget of the GRANTEE, attached hereto as Exhibit "A ", the GRANTEE agrees to develop the Florida Gardens- Interpretive and Promotion Plans for the Naples Botanical Garden project, (hereinafter "the Project ") 2. PAYMENT: (a) The maximum amount to be paid under this Agreement shall be Three Hundred Sixty -Six Thousand Five Hundred Dollars ($366,500). GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph 1 herein upon submittal of invoices and upon verification that the services or work performed as described in the invoice[s] have been completed or that the goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the Tourism Department Director, or his designee, for review. (c) The Tourism Department Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d)- All expenditures shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. AGENDA ITEM /&��N0. 2 OC T 14 2003 Pg. 3� (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. (g) The COUNTY shall not pay GRANTEE until the Ex- Officio Clerk of the Board of County Commissioners pre- audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A ". 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph one will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2003 and the expiration of this agreement. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The Certificate of Insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person OCT 1 � 2003 3 Qg. 13 PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Tourism Department Director, or his designee, within ten days of execution of this Agreement by the COUNTY. GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. REPORTS: (a) GRANTEE shall provide to County reports every quarter on the duties performed and services provided by GRANTEE, its vendors or subcontractors. (b) The report shall identify the amount spent, the duties performed, the services provided, the economic impact of events, and the goods delivered during the preceding three months. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph 1. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. ' , AGEND OCT 1 4 2003 4 1 Pg. 37 (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 7. INDEMNIFICATION: (a) GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE'S limit of or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Ms. Sondra Quinn President/COE Naples Botanical Garden 4820 Bayshore Drive, Suite D Naples, Florida 34112 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Tourism Department Director 3050 North Horseshoe Drive, #218 Naples, Florida 34104 5 AGENpAIT No. OCT 14 2003 GRANTEE and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this of three (3) years. OCT 1 4 2003 1 Pg. 3? GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 14. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 15. TERM: This Agreement shall become effective on [date Board approves] and shall remain effective for one year until September 30, 2004. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the provisions of paragraph eleven (11) herein. Any extension of this agreement beyond the one year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. 16. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Department Director, or his designee, along with a final budget analysis by November 30, 2004. 17. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Greater Naples, Marco Island, Everglades Convention and Visitors Bureau as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if 7 OCT 14 2003 Pg. IN WITNESS WHEREOF, GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman GRANTEE: NAPLES BOTANICAL GARDEN, INC. !'-NA Printed/Typed Name Printed/Typed Title (corporate seal) Na.,_ / rT / . OCT 1 # 2003 Pg. �' _ EXHIBIT "A" Naples Botanical Garden Garden Preview Project Budget Florida Gardens Interpretative Plan includes equipment, development, design and installation self - guided activities changing exhibitions Florida Gardens Promotions Plan includes preview events, advertising, collateral materials, website /video and market research h- HFA \TDC\DCNaples Botanical Gardens2004 A Total $158,700 59,210 $148.590 $366,500 AGENDA ITEM NO. !�A Qr, T 1 2003 Pg. 2 COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY OBTAIN DIRECTION TO IMPLEMENT A PROGRAM THAT UTILIZES A PORTION OF THE TAX INCREMENT FINANCING (TIF) FUNDS ALLOCATED TO THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA AS A DESIGNATED FUNDING SOURCE FOR THE IMMOKALEE RESIDENTIAL DEFERRAL PROGRAM, PROPERTY TAX STIMULUS PROGRAM AND FEE PAYMENT ASSISTANCE PROGRAM, AND DIRECTING STAFF TO DRAFT ALL REQUIRED ORDINANCES AND /OR AMENDMENTS NECESSARY FOR IMPLEMENTATION OF THE PROGRAM FOR FUTURE CONSIDERATION BY THE BOARD OF COUNTY COMMISSIONERS OBJECTIVE: To obtain direction to implement a program that utilizes a portion of the tax increment financing (TIF) fiends allocated to the Immokalee Community Redevelopment Agency (CRA) as a designated finding source for the Immokalee Residential Deferral Program, Property Tax Stimulus Program and Fee Payment Assistance Program, and directing staff to draft all required Ordinances and/or amendments necessary for implementation of the program for future consideration by the Board of County Commissioners. CONSIDERATIONS: On, September 9, 2003, at the regular meeting, staff presented an" Economic Development Incentive package to the Board of County Commissioners. Invluded in the package were three items that proposed the use of a portion of the TIF funds from the Immokalee CRA as the dedicated funding source for the programs. The proposed programs that would utilize TIF are as follows: 1) Immokalee Residential Impact Fee Deferral Program • Qualifying development must be within the geographic boundaries of the Immokalee Enterprise Zone • The annual household income may not exceed $100,000 • The maximum sales price of the qualifying development may not exceed $175,000 • The dwelling must be owner - occupied and must be the homestead of the owner 2) Property Tax Stimulus Program (within Enterprise Community) • Creates a minimum of 5 new jobs • The newly created jobs pay an average wage equal to or greater than 50% of the County's current private- sector average wage • Is not eligible for the Fee Payment Assistance Program AGENDA __A 0 CY 14 2003 CRA — TIF Programs Page 2 3) Fee Payment Assistance Program (within Enterprise Community) • Creates a minimum of 5 new jobs • The newly created jobs pay an average wage equal to or greater than 50% of the County's current private- sector average wage • Is not eligible for the Property Tax Stimulus Program On September 24, 2003 the Immokalee Community Redevelopment Area Advisory Board unanimously recommended the use of the portion of the TIF funds associated to the new development, above the five- percent (5 %) retained by Collier County for administrative purposes, for the programs above with the following distribution: 1) Immokalee Residential Impact Fee Deferral Program — 25% of the TIF funds generated by the qualifying residential development 2) Property Tax Stimulus Program — 5% of the TIF funds generated by the qualifying development 3) Fee Payment Assistance Program — 10% of the TIF finds generated by the qualifying commercial development FISCAL IMPACT: Utilization of the TIF finds as an allocated and budgeted funding mechanism for the above - mention programs while providing the Immokalee area with needed economic incentives to stimulate growth. The dollar amount associated to the percentage of the TIF funds allocated to each program (outlined above) will have a direct relationship to the number of qualifying new developments in each program. The fiscal impacts for each program are as follows: • Immokalee Residential Impact Fee Deferral Program 1) A deferral program with re- payment of impact fees beginning upon collection of the first property tax levied on the improved property (qualifying development). 2) The program sunsets after three years, unless extended by the Board of County Commissioners. 3) TIF funds utilized will not exceed 25% of the TIF funds generated by the qualifying residential development. 4) The estimated deferral period is approximately 7'/2 years, per qualifying development, from the (late of the collection of the property tax levied reflecting the improvement (qualifying development). • Property Tax Stimulus Program 1) Income and job creation criteria will be met by the applicant and applicable property taxes will be paid in full, with 90% of the tax revenue (TIF) being deposited into the CRA Trust Fund 2) Upon qualification for the program being determined the property taxes (up to 100 %) may be reimbursed to the to the appli _M he General Fund. AGENDA rr 4a. l Iv--A OCT 14 2003 Pg. 2 CRA — TIF Programs Page 3 3) Requests for repayment may be submitted annually for up to 10 years, provided that the company continues to meet eligibility criteria. 4) Collier County retains an additional 5% of the TIF generated by the qualifying development, above the 5% retained for administrative purposes, to offset the reimbursements from the General Fund. • Fee Payment Assistance Program 1) Income and job creation criteria will be met by the applicant and applicable property taxes will be paid in full. 2) Impact Fees will be paid through General Fund and TIF fund revenues, and the applicant will enter into a repayment agreement with the County. 3) 5500,000 of budgeted General Fund revenue and 10% of the TIF funds generated by the qualifying commercial development will be used to fund the program 4) The qualifying company must remain a viable business and retain their stated employees for 15 years, or the company will default on the agreement and will be required to repay any impact fees not yet recouped. Additionally, this program will not affect the 5% of the TIF that is retained by Collier County for administrative purposes, the current balance of the Immokalee TIF fiends, including funds budgeted and appropriated to projects, and will not effect TIF funds generated by properties outside of the scope of the programs. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The above — mentioned programs and funding mechanisms are generally supported by the objectives of the redevelopment plan. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County that may consider alternative land use plans, modifications to development standards and incentives to encourage redevelopment. Additionally, the above - mentioned programs are intended to stimulate growth and development within the areas defined by the Immokalee Enterprise Zone. RECOMMENDATION: That the Community Redevelopment Agency directs staff to implement a program, consistent with the recommendations of the Immokalee Community Redevelopment Advisory Board, that utilizes a portion of the tax increment financing (TIF) funds allocated to the Immokalee Community Redevelopment Agency (CRA) as a designated funding source for the Immokalee Residential Deferral Program, Property Tax Stimulus Program and Fee Payment Assistance Program, and directing staff to draft all required Ordinances and/or amendments necessary for implementation of the program for future consideration by the Board of County Commissioners. _ AGENDA ITEM OCT 1 4 2003 CRA — TIF Programs Page 4 Prepared by: "PattersoAmImpact Fee Coordinator Reviewed By: Date: �- .. t/ - Date: Randy Cohen, Manager Community Planning and Redevelopment Section .I Reviewed By: _ Date: H. Denton Baker, Director Financial Administration and Housing Approved by:. ` _ _ Date: 4?ja 43 J seph K. Sclunitt, Administrator ommunity Development and Environmental Services Division OCT 14 2003 Pg. Lf EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR "LIVI:NGSTON ROAD, PHASE TWO (MEDITERRA ENTRANCE TO LEE COUNTY LINE)" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that project known as "Livingston Road, Phase Two, Mediterra Entrance to Lee County Line" CONSIDERATIONS: 1. On August 25, 2002, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Livingston Road, Phase Two, Mediterra Entrance to Lee County Line ". 2. The roadway and drainage, and water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code, The County Transportation Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: {f?S1V-' The roadway and drainage improvements will be maintained by the County's Transportation Services Department through their operation and maintenance budget. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None AUGrfvn , � v.� No. _A!�. 1 OCT 14 2003 Pg. r -- Executive Summary Livingston Road, Phase Two Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements for "Livingston Road, Phase Two Mediterra Entrance to Lee County Line" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Nordian�Feder, AICP, Administrator Transobrtation Services Joseo K. Schmitt,-Adminfstrator Comnyuvity Dev. and Environmental Svcs, -, - ip l 8 Date Date /C% j f 3 Da e z d,3 Date AGENDA ITEM `E No. (D / l OCT i 4 2003 Pg. 1�7 Z O g m a 0 r A n Q Z VI rn 3 D YOT TO SCALE TAWAbOTRAL (U1n) c 7-ig,'RM4ME �sT .100 ACRE GOOD ETR ROM RYO 's 4 I F p I A�soRrauurNaRn+D9 f7, AA ra (CA 6 FF1 R Y � FCm$ k� uvNmtow RDAD r i'cs y Oi I N O Z k NTFRdfATE -n car couYmT aue �9 C-- .am � m Z A-1 NTOWATE -i < YIM lIRG19Y py� z T am IA �H 1 LOaw BOLRBVARD ISlA1gRALR oR N � Ola CYVRC4 TpiAfMA cMn,wos YOT TO SCALE RESOLUTION NO. 03- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS FOR LIVINGSTON ROAD, PHASE TWO FROM MEDITERRA ENTRANCE TO THE LEE COUNTY LINE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS WHEREAS, the Board of County Commissioners of Collier County, Florida, on August S, 2002 granted preliminary acceptance to the improvements for Livingston Road Phase Two, from Mediterra Entrance to the Lee County line; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91 -102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01 -57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Transportation Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements for Livingston Road, Phase Two from the entrance to Mediterra to the Lee County Line, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements. This Resolution adopted after motion, second and majority vote favoring same. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: �hly Patrick G. White Assistant Collier County Attorney AGEN6l1 ITEM OCT 14 2003 Pa._�/ - 19M HOLE MONTES ENGINEERS • PLANNERS 51 ROORS 6202 -F Presidential Court • Fort Myers, Flonda 33919 • Phone: 239.985.1200 • Fax: 239.985.1259 September 24, 2003 Mr. Thomas E. Kuck, P.E. Engineering Services Director /County Engineer Engineering Services Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Livingston Road, Phase H (Segment B) Roadway Collier County No. 65041 HM Project No.: 85.31A -1702 -20/40 Dear Mr. Kuck: In accordance with the Developer Contribution Agreement between Collier County and Long Bay Partners, LLC for construction of the referenced project, Hole Montes, Inc. is hereby providing certified project construction costs for the Phase II (Segment B) roadway. Attached for your use is a breakdown of Phase II (Segment B) roadway construction cost. Hole Montes, Inc. hereby certifies that to the best of our belief and knowledge, the total roadway construction cost for Phase II (Segment B) to be $708,050.42. If you have any questions, please call. Very truly yours, HOLE MONTES, e. 9'Z y•a3 WALTER F. GILCHER,,'JR., P.E. Associate Attachment W FG /ja cc: John Houldsworth Lynn Thorpe, P.E. Vince Barraco W:\1 985\1 985031 W \W fg \tk030924Il r.doc Naples • Fort Myers - Venioe • Englewood AGENDA ITEM - NO. A01 X I 0 OCT 14 2003 95.31A -1702 SUMMARY OF QUANTITIES & CONSTRUCTION COSTS LIVINGSTON ROAD - PHASE II (SEGMENT B) ITEM 104 -13 -1 110 -1 -1 120 -1 120 -4 120 -6 160 -4 285 -7 -02 285 -7 -09 300 -1 -3 327 -70 -1 331 -72 -10 331 -72 -30 337 -5 -3 425 -1 -351 425 -1 -361 425 -1 -461 425 -1 -521 425 -2 -61 425 -2 -91 430 -11 -325 430 -11 -329 430 -11 -33 430 -11 -338 430 -11 -340 430 - 142 -103 430 - 142 -104 430 - 982 -403 430- 982 -404 430 - 984 -225 520 -1 -10 520 -2 -1 522 -1 522 -2 547 -70 -1 570 -2 575 -1 700 -000 700 -100 800 -000 900 -000 901 -000 TOTAL DESCRIPTION Staked Silt Fence Clearing & Grubbing Regular Excavation Sub Soil Excavation Embankment Type "B" Stabilization Optional B.G. 02 Optional B.G. 09 Tack Coat Milling Asphalt S -1 Asphalt (1 ") S -1 Asphalt (3 ") FC -3 Asphalt (1 ") Curb Inlet P -5 Curb Inlet P -6 Curb Inlet J -6 Inlet Type "C" M.H. P -8 M.H. J -8 18" Diameter RCP 24" Diameter RCP 30" Diameter RCP 36" Diameter RCP 42" Diameter RCP 19" x 30" ERCP 24" x 38" ERCP M.E.S. 19' x 30" M.E.S. 24' x 38" M.E.S. 18" "F" Curb & Gutter "A" Curb Concrete Sidewalk 4" Concrete Sidewalk 6' Overflow Structures Seed & Mulch Sod Signing & Marking Barricades Perf & Payment Bond Maintenance of Traff ic Bollards Survey Stake -Out SA1985119ti50311F1nal Const Costs PH II(Segment B).xls PHASE II (SEG B) QUANTITY 5,500 9 0 0 49,964 12,424 1,222 10,443 820 0 0 10,443 10,443 0 3 1 0 2 2 288 282 896 499 12 0 0 0 0 0 5,264 0 2,650 22 0 11,553 4,620 20% 100% 20% 20% 0 20% PHASE II (SEG B) UNIT AMOUNT LF ACRES CY CY CY SY SY SY GAL SY SY SY SY EA EA EA EA EA EA LF LF LF LF LF LF LF EA EA EA LF LF LF LF SY SY SY LS LS LS LS EA LS $8,800.00 $20,700.00 $0.00 $0.00 $299,784.00 $27,954.00 $4,277.00 $62,658.00 $861.00 $0.00 $0.00 $59,525.10 $23,496.75 $0.00 $8,347.50 $3,465.00 $0.00 $3,045.00 $5,250.00 $7,358.40 $8,883.00 $35,750.40 $25,523.85 $784.20 $0.00 $0.00 $0.00 $0.00 $0.00 $26,533.20 $0.00 $41,737.50 $427.90 $0.00 $2,888.25 $6,237.00 $8,000.00 $175.00 $8,000.00 $1,000.00 $0.00 W4= ,PV,, AGENDA ITEM No. / �) C $708,(50.42 OCT 14 2003 Pg. COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENTAND ENVIRONMENTAL SERVICES DIVISION Engineering Services Department 2800 N. Horseshoe Dr. • Naples, Florida 34104 • 239-659 -5744 • Fax 239- 643 -6968 www.co.collierRus September 26, 2003` 2U0; Mr. Walter Gilcher, P.E. 6 SEP 2 6 2003 Hole Montes'� 6202 -F Presidential Court Fort Myers, FL. 33919 RE: Livingston Road, Phase II (Segment B) Roadway Dear Mr. Gilcher: We are in receipt of your Certification as to the improvements in the referenced roadway segment, and offer the following. Please arrange for a final inspection from Transportation Services. Upon written approval from Transportation, we will process the typical acceptance paperwork. Please clarify if these improvements are for preliminary or final acceptance. Please let me know if you should have any additional questions. Sincerely, Jo R. Houi sworth Senior Engineer Cc: Thomas E. Kuck, P.E., Engineering Review Director Edward Kant, P.E., Transportation Operations Director AGENOA ITEM No / f OCT 14 2003 P9. _ • =qF=1L6A6 1/ PROPOSED AMENDMENT TO RESOLUTION 2003 -335 WHICH ESTABLISHED A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. OBJECTIVE: To have the Board of County Commissioners approve an amendment to the current fee schedule for Building Permit and Review fees and Development Services fees within the Community Development and Environment Services Division (CDES), CONSIDERATIONS: At the September 23, 2003 meeting of the BCC approval was granted to resolution 2003 -335 to adjust CDES building permit and land use fees. There was a reading into the record during that meeting concerning the temporary withdraw of certain fees related to retrieval and copying of public records falling under the purview of CDES. Having obtained the assistance and concurrence of the County Attorney's office as to fee amounts and fee types that are in full compliance with relevant Florida Statutes, we are now bringing these revised fees to the Board. In all cases, these revised fees represent a decrease in fees from the earlier withdrawn versions presented September 23, 2003. The attached resolution and fee schedule, attachment "A ", outlines the complete fee structure proposed for CDES. Attachment "B" summarizes the specific fee changes requested, showing both the old fee and the proposed new fee. Staff assesses that these fees represent the proper and maximum amounts for such services allowed by Florida Statues. FISCAL IMPACT: This Executive Summary requires no budget changes and /or reallocation of funds, such changes having been made in the FY04 budget previously presented to the Board. These fee changes represent no net increase in total CDES revenue, It is currently anticipated that any potential shortfall of revenue within CDES during FY04 will be dealt with by the use of reserve accounts and / or adjustments in operating expenses. GROWTH MANAGEMENT IMPACT: There are no growth management impacts from this Executive Summary. RECOMMENDATION: That the Board of County Commissions approves the fee increases and /or new fees proposed. PREPARED BY� Date: 10/6 3 43 Garret Mullee, Manager F• ancial Operations, CDES REVIEWED BY: Date: 0 v 3 Denny Baker, Director Financial Admin and Housing .�— G A APPROVED BY: Date: 3 e h Schmitt, Xdm1nistrator,tDES J 3 4 2003 I �S• i RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTRY COMMISSIONERS OF COLLIER COUNTY ESTABLISHING A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES INCLUDING: PROVIDING FOR NEW RECORD COPYING AND RESEARCH FEES; AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; SUPERSEDING RESOLUTION NO. 2003 -335, AND PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 3, 2003. WHEREAS, the Collier County Land Development Code, Section 1.10.1 provides that the Board of County Commissioners shall establish and adopt by resolution a schedule of fees and charges for application and document processing, public meetings, public hearings, other meetings and hearings, transcripts, approvals, denials, development permits, development orders, development, construction, interpretations, enforcement inspection services, sales of documents review, resubmission, and any other zoning or development related services and any other services provided or costs incurred by or on behalf of the County; and WHEREAS, the Board of County Commissioners approved Resolution No. 2003 -335, establishing a fee schedule of development related review and processing fees on September 23, - 2003; and WHEREAS, many operations within the Community Development and Environmental Services Division are supported by user fee revenues; and WHEREAS, the new or revised fees fully comply with all relevant Florida Statutes relating to Public Records. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD -OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares that the revised fees set forth as attached hereto and incorporated by reference herein as "Exhibit A," are all fair and reasonable sums to be assessed to those who receive the benefits of the services, reviews, and inspections required pursuant to the Land Development Code and the County's corresponding development review and permitting processes. BE IT FURTHER RESOLVED that this Resolution relating to fees in the Land Development Code be recorded in the minutes of this Board and that Resolution numbered 2003 � I� AGENDA I ,, Page 1 of 2 1 C;,T 14 2003 Pg. a is hereby superseded by the adoption of this Resolution which will become effective November 3, 2003. This Resolution adopted after motion, second and majority vote. Done this day of 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DNVIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. it, Assistant County Attorney Page 2 of 2 TOM HENNING, CHAIRMAN AGENDA ITE, J OCT 141 2003 pg. n f< i e r n ss rs t y COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE BCC Proposed Version- Oct 14, 2003 Attachment "A" Contents: A) ADMINISTRATION .... .................................................................... ........... ...... ...... ........................................... ................................................... .--- 2 B) BLASTING PERMITS & INSPECTION ................... .......... .... ............. ....................... ..... ..................... ................................................................... 2 C) ENVIRONMENTAULANDSCAPING ............ ............................................ ............................................... .. .... ... ................................. .................. 2 D) EXCAVATION PERMITS .........._ .............................................................................................................................................. ..............................3 E) FIRE CODE REVIEW FEF.S ....................................... ................................ .............. ............ ...................................... ........................................... 3 F) SITE DEVELOPNIENT PLANS .............. ..................................................... ............................... ................................ ........... ................................... 4 G) SUBDIVISION ......_ .......................... ............................... ....... ......... ................._............................................. ............................... ...5 H) Engineering Inspection Fees ................................................. ....................... .................................................................................. .. ........................... 6 I) TEMPORARY USE PERM ITS .................................................... .................. ............................................................................................................ 6 J) WELL PERMITS /INSPECTIONS ................................................ ......... .. ... .---- ..... ............................................... ................................... ...7 K) ZONING /LAND USE PETITIONS ......................................... ....................................................... ........................................................................... 7 L) i` IISCELLANEOUS .... ...................................................................... ....................... ....................... .-------- - ................................................................ 8 M) BUILDING PERMIT APPLICATION FEE ................................................. ....... ............................... ................. ............................................. .. ... 10 N) BUILDING PERMIT FEES ................................................................._..........................._..........._....._.................................... .............................10 O) ELECTRICAL PERMIT FEES .......... ... .. ..................................................... ............. ..................... ........... ... .......................................................... I 1 P) PLUMBING PERMIT FEES ....................................................................................................................................................... .............................I1 Q) NJECHANWAL PERM IT FEES ............................................................................._.......................__............................._........ .............................12 R) FIRE PREVENTION AND CONTROL PERMIT FEES .......................................... .............................................. ................................................. 12 S) MOBILE HOME /OFFICE TRAILER AND OTHER TRAILER PERMIT FEES ....... ..................... ......................... _............................................ 12 T) CHICKEES AND SIMILAR STRUCTURES ............................................................................................................................. .............................12 U) POOL OR SPA PERMIT FF. ES .................................................................................................................................................. .............................12 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES ............................................................................................................ .............................13 W) SIGN PERMIT FEES ...... ................................................... .......... .......................... ................................... .............................................................. 13 X) CONVENIENCE PERMIT FEES ............................................................................................................................................... .............................I3 Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS .................... .......... ............................................ ........ ......... .13 Z) PERMIT EXTENSION ............................................................................................................................................................... .............................14 AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES ........................ ............................................................................................ 14 BB) PRE- Iv10VING INSPECTION FEES ....................................................................................................................................... .............................14 CC) INSPECTION FEES ................................................................................................................................................................. .............................14 DD) REINSPECTION FEES ............................................................................................................................................................ .............................14 EE) FAILURE TO OBTAIN A PERMIT ......................................................................................................................................... .............................14 FF) LICENSING ... ............................... ......................................................................................................................................... .............................14 GG) DUPLICATE PERMIT CARDS .............................................................................................................................................. .............................15 HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS ................................ ................................................................................................. 15 IT) PERMIT FEE REFUNDS ........................................................................................................................................................... .............................15 1J)- RECORD RETRIEVAL ............................................................................................................................... ............................... .................... .........15 KK) COPY FEES ............................................................................................................................................................................. .............................15 LL) RESEARCH .............................................................................................................................................................................. .............................15 MM) SUBSCRIPTION SERVICE ................................................................................................................................................... .............................15 NN) ELECTRONIC DATA CONVERSION SURCHARGE .......................................................................................................... .............................15 00) REGISTRATION OF RENTAL DWELLINGS ....................................................................................................................... .............................16 PP) FEE WAIVER PROCF. DURES ........ ............................ ................................................................. ......... ... ....................... ... ................................... 16 QQ) ADDITIONAL FEE REFUND PROVISIONS ........... ............................................................................................. Ir CDES Financial Administration. rev 09/25/03 ITEM � AGENDA Rb -- �JI_L 1 0 C T 14 2003 Pg. page I FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY THE BOARD OF COUNTY COMMISSIONERS. ANY QUESTIONS CONCERNING THE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPIATE DEPARTMENT, AS APPLICABLE. A) ADMINISTRATION 1) Official Interpretation Request of Land Development Code (LDC). Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code). Based on staff hours: Less than 20 hours 1.500.00, 20 to 40 hours $3.000.00, more than 40 hours $5.000.00 2) Interpretation request submitted in conjunction with a land use petition or requested during an application review process. 250.00 3) Determination of Vested Rights. $100.00 (plus the County's out -of- pocket expenses associated with hearing officer and hearings) ` 4) Appeal of Vested Rights Determination. $100.00 5) Amendment to Land Development Code. $3.000.00 6) Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC). $1000.00 (non - refundable) 7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Administrative Code or the LDC). $500.00 (non - refundable) B) BLASTING PERMITS R INSPECTION 1) 30 day permit fee, non - refundable payable upon application. $250.00 2) 90 day permit fee, non - refundable payable upon application. $600.00 3) Yearly permit fee, non - refundable payable upon application. $1.500.00 4) Renewal permit fee, non - refundable payable upon application.. 200.00 5) After - the -fact fee, due to blasting without a permit. $10.000.00 6) Fine fee, per detonated shot with after- the -fact permit. $200.0 7) Handler fee, for handler who assists the user or blaster in the use of explosives. $100.00 8) Blasting Inspection Fee. $200.00 (per inspection) 9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts. Upon completion, fees will be adjusted to reflect actual number of blasts. C) ENVIRONMENTAL /LANDSCAPING 1) Site Clearing Permit, first acre or fraction of an acre. $250.00 Each additional acre or fraction of an acre. 50.00 ($3,000.00 maximum) 2) Environmental Impact Statement (EIS) $1600.0 0 3) Landscape Re- inspection 1" $50.0 0, 2 °d $75.00, every inspection afterwadr $100.00 AGENDA I No. _, ULA OCT 1 4 2003 CDFS Financial Administration, rev 09/25/03 6— page 2 P$. 4) Vehicle on the Beach Permit Application. $250.0 (Permit fee shall be waived for public and non - profit organizations engaging in envitoninental activities for scientific, conservation or educational purposes). 5) Reserved 6) Special Treatment Review a. First five acres or less. 400.00 b. Each additional acre, or fraction thereof. $50.0 0 ($5,000.00 Maximum) 7) Coastal Construction Setback Line (CCSL): a. Permit -Dune Walkover. $150.00 b. Permit - Dune Restoration. $200.00 c. Variance- Petition. $1000.00 8) Sea Turtle Permit - a. Sea Turtle Handling Permits. $25.00 b. Sea Turtle Nesting Area Construction Permit. $200.0 0 c. Sea Turtle Nest Relocation. $100.0 0 9) Vegetation Removal Permit a. First acre or fraction of an acre less. $250.0 0 b. Each additional acre, or fraction thereof. $50.0 0 ($3,000.00 Maximum) 10) After -the -fact Environmental or Landscape Permits a. CCSL Variance Petition. 2x normal fee b. All other Environmental or Landscape Permits. 4x normal fee D) EXCAVATION PERMITS 1) Annual Renewal. $300.00 2) Application (Private). $400.0 0 3) Application (Commercial). $2.000,00 4) Application (Development). $400.00 5) Monthly inspection fee (commercial, development & private) $200.00 per month 6) Reapplication: $300.00 plus $200.00 per month inspection fee 7) Cubic Yardage Fee: $200.00 first 5000 cy, plus $10.0 0 per additional 1000 cy with a maximum of $20,000.00 8) Time Extension. $150.00 plus $100.00 per month inspection fee 9) After- the -fact Excavation Permit. 4x application fee E) FIRE CODE REVIEW FEES 1) Fire Code Review fees associated with each of the following processes: a. SDP - Site Development Plan $200.00 b. SDPA - Site Development Plan, Amendment $150.00 c. SDPI - Site Development Plan, Insubstantial $100.00 d. SIP - Site Improvement Plan $150.0 0 e. SIPI - Site Improvement Plan, Insubstantial $100.00 f. PSP - Preliminary Subdivision Plans $150.00 g. h. PSPA - Preliminary Subdivision Plans, Amendment PPL - Plans & Plat, Subdivision $100.00 . 100.00 AGENDA I M i. FP Final Plat NO.- LO ` ` - $100.00 j. CONSTR - Construction Plans, Subdivision /Utilities $100.00 OCT 1 4 2003 CDES Financial Administration, rev 09 /25/03 1 Pa. 6 k. ICP -Construction Plans, Insubstantial $100.0 0 1. DRI - Development of Regional Impact $200.00 m. DOA - Development Order, Amendment $150.00 n. PUDZ - Planned Unit Development, Rezone $150.00 o. PUDA - Planned Unit Development, Amendment $150.00 p. PDI - Planned Unit Development, Insubstantial $100.00 q. RZ - Rezone, Regular Zoning $100.00 r. CU - Conditional Use $150.00 F) SITE DEVELOPMENT PLANS 1) 1) Site Development Plan Review (SDP). $5000.00 a. plus $40.00 per D/U b. plus 100.00 per residential building structure; c. plus .10 per square foot for non - residential d. plus $200.00 per building for non - residential. a. Additional fees for 3rd review 1,000.00, Xh review 1 500.00. 5" review $2.000.00, 6" and subsequent reviews $2,500.00 2) Pre - application fee. $500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre -app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre -app meetings at staffs request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required. d. GMP pre -app meetings $250.00, refund previsions outlined in sub - sections a, b, and c apply. 3) Site Development Plans, including amendments and insubstantial changes - 3rd and subsequent additional reviews. $500.00 4) Site Development Plan Insubstantial Change a) Site Development Plan Insubstantial Change. $400.00 for first sheet, $ 100.00 for each and every additional sheet submitted. b) Additional fees for 3rd review 1.000.00, 4th Review 1 500.00, 5th and subsequent review $2.000.00 5) Site Development Plan Conceptual Review $750.00 6) Additional review of construction plans for phased construction of Site Development/Improvement Plan improvements. 1000.00 per phase. 7) Site Improvement Plan Review (SIP). $1000.00 (plus Engineering review fees) 8) Utility Plan Review & Inspection Fees - a. Construction Document Review. 0.75% of probable water and/or sewer construction costs b. Construction Inspection. 2.25% of probable water and/or sewer construction costs c. Construction Document Resubmission or Document Modification, submit as insubstantial change. $150.00 for first sheet, 75.00 for each additional sheet 9) SDP Review Fee CDES Financial Administration, rev 09/25/03 AGENQAITE 0 C T 1 4 2003 page 4 a. Construction Documents Review 0.75% of probable cost of construction of roadways, drainage & stormwater management system b. Construction Inspection 2.25% of probable cost of construction of roadway, drainage & stortwater management system c. Third and Subsequent Resubmittal Fee $500.00 10) Site Development Plan Amendment 2.500.00, a. Plus $40.00 per D/U plus $100.00 per residential building structure b. plus . 10 per square foot c. plus $200.00 per building for non - residential d. Additional fees for 3rd review $1,000.00, 4th Review $1,500.00, 5th and subsequent review $2,000.00 1 1) SBR Fees a) Pre - Acquisition Meeting $500.00 (no refunds or credits) b) Pre - application fee. $500.00 (to be credited toward application fee upon submittal.) (all normal pre - application provisions apply) c) SBR Fee $5000.00 with hourly reconciliation at project completion for hourly variation greater than 10 %, final project charges at $100.00 per hour for all associated staff hours 12) Adequate Public Facilities a. Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 + 25.00 per dwelling unit or 1000 sq ft commercial ($5000.00 maximum) b. Single and Multi Family Homes (not platted or processed through Planning) $100.0 0 per dwelling unit 13) Violation of the conditions of approval of the SDP /SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP /SIP. 4x the SIP /SDP application fee G) SUBDIVISION 1) Lot Line Adjustment $250.00 2) Subdivision Review Fees- a. Construction Document $0.75% of probable cost of construction b. Construction bocument Resubmission or Document Modification - Submit as Insubstantial Change 150.00 for first sheet, $75.0 0 for each additional sheet c. Subdivisions - 3rd and subsequent additional reviews and substantial deviations from approval construction documents $500.00 d. Subdivision Inspection Fee 2.25% of probable cost of construction for construction inspection. 3) Subdivision, Preliminary Plat (PSP)- a. Petition Application $1000.00 plus $5.00 per acre (or fraction thereof) for residential, plus $10.00 per acre (or fraction thereof) for non - residential; (mixed use is residential) 4) Subdivision Final Plat $1000.00 plus $5.00 per acre (or fraction thereof) for residential, $500.0 plus $10.00 per acre (or fraction thereof) for nonresidential; (mixed use is residential) 5) Additional review of construction plans for phased construction of subdivision improvements. $1000.00 per phase 6) Two -year Extension $150.00 CDES Financial Administration, rev 09/25/03 AGENDA ITEM" N 1 t_n- k_� k OCT 1 4 2003 Pg. page 5 7) Water and Sewer Facilities Construction Document Review 0.75% of probable water and/or sewer construction costs 8) Construction Document Resubmission or Document Modification 0.25% of probable water and/or sewer construction costs - 3rd and subsequent resubmittals $500.00 9) Construction Inspection 2.25% of probable water and /or sewer construction costs 10) Violation of the conditions of approval of approved construction plans or installation of improvements, clearinu, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. 4x the PSP or Final Plat Review Fee. 1 1) Administrative Amendment $250.00 H) Engineering Inspection Fees 1) Ent *ineering Inspection Fee $150.0 0 per residential dwelling unit (single or duplex only), charged at time of building permit issuance. 2) Re- inspection Fees: I" re- inspection $75.00, 2nd re- inspection $100.00, 3rd and thereafter re- inspection $125.00 1) TEMPORARY USE PERMITS 1) Beach Events Permits - a. Individual Permit $100.00 b. Block of 25 calendar days $2.250.00 C. Block of 50 calendar days $4.500.0 0 d. Block of 75 calendar days $6,750.00 e. Block of 100 calendar days $9.000.00 f. Block of 125 calendar days $11.250.00 2. Block of 150 calendar days $13.500.00 2) Temporary Use Per rvt Special Sales & Events. $200.0 0 3) Model Homes and Sales Centers $500.00 4) Construction and Development $125.0 0 5) Residential and Non -Profit Garage and Yard Sale Permits No Charee 6) Temporary Use Amendment. $100.0 0 7) Renewals or extensions requested after the expiration date $200.00 8) Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival Permits. $275.00 9) Political Signs (Bulk Temporary Permit) $5.00 a. A deposit of $500.00 will be posted by political campaigns at the time of securing Po]itit6,ttITEM permit. Forfeiture from this deposit will be in the amount of 100.00 per written tice �violr JJ OCT 1 'l 2003 CDES Financial Administration, rev 09/25/03 of applicable sign ordinance requirements for the 3`d and following such notices of violation. Such forfeiture shall he based on notices of violation per campaign, and not per individual sign. Deposit, or remaining balance of deposit, will be refunded upon completion of campaign and certification by Code Enforcement staff that the campaign is in compliance with all provisions of applicable code requirements. 10) Fees for Temporary Use permits issued After the Fact, ATF: 2x normal fee J) WELL PERMITSANSPECTIONS I ) Hydraulic elevator shaft permit $300.00 2) Test hole permit (including 1 st six holes) $300.00, each additional hole $20.00 3) Well permit (abandonment) $150.00 4) Well permit (construction or repair) 3$ 00.00 5) Well permit (monitoring) $150.00 6) Well Permit (modification of monitor /test well to a production well) $75.00 7) Well Reinspections a. First Reinspection $75.00 b. Second Reinspection $100.0 0 c. Third Reinspection $150.00 8) After the fact well permits 4x normal fee per violation. NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. K) ZONING/LAND USE PETITIONS 1) Pre - application fee $300.00 (to be credited toward application fee upon submittal.) 2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1000.00 3) Boat Dock Extension Petition $ 1.500.00 4) Conditional Use Permit 54.000.00 ($1.500.00) when filled with Rezone Petition) 5) Conditional Use Monitoring Review: $750.00 6) Conditional Use Extension $3.000.00 7) DRI Review (In addition to cost of rezone) $10.000.00 plus $25.00 an acre (or fraction thereof) 8) DRI/ DO Amendment $6.000.00 plus $25.00 per acre 9) Flood Variance Petition $1000.00 10) Interim Agriculture Use Petition $350.00 1 1) Non - Conforming Use Change /Alteration $1500.00 12) Parking Exemption $1500.00 AGENDA ITEM 13) PUD Amendments (PUD to PUD): $8.000.00 plus $25.00 an acre (or fraction thereof) OCT 1 4 2003 ODES Financial Administration, rev 09/25/03 page 7 14) Property owner notifications: I.00 non - certified mail, J3M certified return receipt mail (Petitioner to pay this amount prior to advertisement of petition) 15) Planned Unit Development Amendment (insubstantial) $1500.00 16) Rezone Petition (Regular) $6,000.00 000.00 plus $25.00 an acre (or fraction thereof) 17) Rezone Petition (to PUD) $10.000.00 plus $25.00 an acre (or fraction thereof) 18) Street Name Change (Platted) $500.00 plus . !. Q for each property owner requiring notification of proposed street name change. 19) Street Name (unplatted) or Project Name Change $500.00 20) Variance Petition $1000.00 21) Variance petition: $2,000.00 residential, $5,000.00 non- residential 22) Variance (Administrative) $1.000.00 23) Zoning Certificate: Residential: $50.00, Commercial: 125.00 24) PUD Extension —Sun Setting: $1000.0( 25) Sign Variance Petition: $2000.00 26) . Stewardship Receiving Area Petition (SRA): $7000.00 plus 25.00 per acre (or fraction thereof) Stewardship Sending= Area Petition (SSA): $7000.00 plus $25.00 per stewardship credit applied for. 27) After- the -Fact Zonin-/Land Use Petitions 2x the normal petition fee 28) Land Use Petition Continuances a. Two days or less prior to meeting $500.00 b. Requested at the meeting . 750.00 c. Resultant additional required advertising charged in addition to continuance fees. 29) PUD Monitoring a. $50.00 per dwelling unit within PUD b. $0.05 per square foot commercial or industrial construction within PUD L) NIISCELLANEOUS 1) Reserved 2) Reserved 3) Official Zoning Atlas Map Sheet Publications, maps, and reports. 50 as set forth in Resolution 98 -498, as amended. 4) Requests for formal written zoninJland use verification or similar such request for written staff responses. . 100.00 per. property AGENDA ITEM No._ (AD 0 C T 14 2003 CDES Financial Administration, rev 09/25/03 1 / /page 8 o.. 1 5) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of I hour. 6) The fee for creating and designing special computer generated reports that are not a part of regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of I hour. 7) CD Burning: 1.00 floppy disk: .50 8) Complete sets of Official Zoning Atlas Map Sheets $ 100.00 per set. 9) Photocopies of documents less than 1 1 x 17 inches: $0.15 one sided. $120 two sided, other sizes at cost of production Certified copy of public record .1.00 each . 10) Property Notification Address Listing: a. MS Excel spreadsheet on Disc $70.00 b. Print out on Paper $75.0( + 0.05 for every record over 1500 c. Mailing Labels $80.00 + 0.06 for every record over 1500 d. Print out on Paper + Mailing Labels $85.00 + 0.11 for every record over 1500 1 1) Comprehensive Plan Consistency Review a. CU's $30000 b. Rezonings $750.00 c. Pud's or PUD Amendments: 2250.0( 12) Plan Review Fee (for planning review of all building permit applications) a) Long forms: $75.00 per building permit application b) Express permits: $15.00 per building permit application 13) Project Meetings a. Meetings with Planning Dept Project Manager per applicant request, site plan reviews and land use petitions in progress, $150.00 per one hour minimum, $75.00 per 112 hour thereafter. Additional Planning Department staff attending meeting per applicant request $75.00 per 1/2 hour per staff member. b. Inter - Departmental Pro. ject Meeting per applicant request, site plan reviews and land use 5 petitions in progress, $ 00.00 per one hour minimum, $250.00 per 1/2 hour thereafter. 14) Simultaneous Review Fee (planning review of simultaneous building permit applications) . 100.00 per building permit application 15) Zoning Confirmation Letters a. Standard Response $100.00 (includes up to 1 hour research) b. Extended Research $100.00 per hour (any response with research in excess of I hour) 16) Zoning Letter Appeal $250.00 17) CDD a. Community Development District $15,000.00 b. Chapter 189 Special District, Independent or Dependent, $15.000.00 18) GMP a. Small Scale $9000.00 b. General $16.700.00 CDES Financial Administration. rev 09/25/03 AGENDA ITEM No. < to A-- \ OCT 14 2003 Pg. /�2- c. Legal advertising in addition to sub - sections a and b fees, and subject to applicable fee schedule provisions. AI) BUILDING PERMIT APPLICATION FEE 1) A permit application fee shall be collected at time of applying for a building permit. The permit application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County Ordinance No. 91 -56, as amended. 2) Application fee will be computed as follows: a. Single family and duplex .05 per sq ft with minimum of. 100.00 b. Multi- Family & Commercial ..05 per sq ft up to 10,000 sq ft. $.025 for over 10.000 sq. ft. 3) Maximum application fee shall NOT exceed $5.000.0(. 4) Minimum fee of $50.00 for each of the following: plumbing: mechanical (A/C); electrical; fire; and building, when applying for additions /alterations. Minimum fee for all other applications = 50.00. 5) The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES I ) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table *(Exhibit Q. whichever is greater. Valuation of construction costs of less than $750.00 - No permit or fee is required, but construction must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. *SBCCI Building Valuation Data Table, produced March 31,2002 EXCEPTION: All work involving structural components and /or fire rated assemblies requires permits and inspections regardless of construction cost. signs must secure permits as stated in Collier County Ordinance No. 2002 -01, as amended. a. Valuation of construction costs of $750.00 through $4,999.99 — With one or no inspections $50.00, With multiple inspections 100.00 b. Valuation of construction costs of $5000.00 through $49,999.99 — With one or no inspections - $30.0 0 plus $6.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. With multiple inspections - $80.00 plus $5.50 per thousand dollars, or fraction thereof, of building valuation in excess of $2000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00— $250.00 plus J2,4Q per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. AGENDA ITEM d. Valuation of construction costs over $1,000,000.00 - $2800.00 plus _ 2.40 per thous id drs, or fractio/ �V thereof, of building valuation in excess of $1,000,000.00. �! OCT 1 4l 2003 i CDES Financial Administration, rev 09/25/03 1 pg. /_ pate IQ O) ELECTRICAL PERMIT FEES 1) The fees for electrical permits for new structures or placement or relocation of structures shall be computed as follows: a. $0.40 per ampere rating of all single -phase panel boards. b. J0jj per ampere rating for switch or circuit whichever is greater. if item #1 above does not apply. c. When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at JQJ5 per ampere. d. Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and /or increased fees in existing electrical facilities. e. The minimum for any electrical permit shall be $50.00 per unit or tenant space. f. Fifty percent 5( 0 %) in additional fee costs shall be added to all above fees for three phase installations. EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of $50.00 to be charged for each living unit with one to three bathrooms. An additional fee of $10.00 will be assessed for each additional bathroom. b) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof; or b) Institutional facilities, hospitals, schools, restaurants and repairs to any occupancy b) classification shall be charged at the rate of $1.00 per fixture unit or c) Minimum of $50.00 for each occupancy or tenant space. 2) Grease traps: An additional fee of $50.00 shall be assessed for each grease trap. 3) The cost for retrofit piping shall be computed at the minimum fee of 50.00 per floor for each main riser. 4) The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. 5) The minimum plumbing permit fee shall be $50.00 CDES Financial Administration, rev 09/25/03 AGENDA ITE14 lo.�o i 1 OCT 14 2003 pg. Q) MECHANICAL PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a. Residential occupancies: The mechanical permit fees shall be computed at the rate of $50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. b. Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of 50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be 3.00; or The rate of JjQ0 per 425 square feet of floor area. or fraction thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of $50.00 per floor for each cooling tower, or $50.0 0 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. 3) The minimum mechanical permit fee shall be $50.00. 4) A permit for the change out of components shall be calculated at the above mechanical permit fee rate or the minimum fee whichever is greater. R) FIRE PREVENTION AND CONTROL PERMIT FEES 1) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fire districts. S) MOBILE HOME /OFFICE TRAILER AND OTHER TRAILER PERMIT FEES 1) The permit fee shall be 5$ 0.00 to set -up a single -wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be $75.00 to set -up a double wide or larger mobile homes on an approved site plus electrical, plumbing. mechanical and fire protection fees as applicable. T) CHICKEES AND SIMILAR STRUCTURES i ) The permit fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accordance with Section N of this Resolution. Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. U) POOL OR SPA PERMIT FEES 1) For construction of each public pool or spa the fee shall be — a. Valuation of construction costs of up to $4.999.99. 100.00 b. Valuation of construction costs of $5000.00 through $49,999.99: $80.00 plus $7.00 or fraction thereof, of building valuation in excess of $2,000.00. ODES Financial Administration, rev 09/25/03 thousdk4 -MN04+ m NO. t OCT 14 2003 Pg•� c. Valuation of construction costs of $50,000.00 through $1,000,000.00: $333.0 0 plus JIM per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d. Valuation of construction costs over $1,000,000.00: $3474.00 plus 3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. 2) For construction of each private pool or spa the fee shall be: 100.00 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES 1) Construction costs shall be calculated as follows: a. Screen Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) b. Pan Roof. Jj,0q per sq. ft. of floor area. (Screen Walls Only) c. Existing Roof. JZM per sq. ft. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordance with Section N of this Resolution. W) SIGN PERMIT FEES 1) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building permit fee for sign shall he $75.00. 2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the above subsection I of Sign Permit Fees. 1) CONVENIENCE PERMIT FEES 1) Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of 10 convenience permits is $400.00. Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS I ) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions to permitted projects shall be $50.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10 17c) percent of the original building permit fee or 150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County. The following are required for as -built drawings review: a. An itemized list of all changes made after permit plan approval. b. As -built plans that have all changes made after permit plan approval "clouded ". c. As -built plans and changes shall be signed and sealed by the engineer and /or architect of record. 3) CORRECTIONS TO PLANS a. First Correction to Plans. No charge b. Second Correction to Plans. $75.00 c. Third & subsequent correction to plans. $100.00 CDES Financial Administration, rev 09/25103 AGENDA I T,EM��(�� % , OCT i � 2003 Pg. Ike 13 Z) PERMIT EXTENSION I ) The tiling fee for each permit extension shall be equal to 10% of the original building permit fee or $100.00, whichever is greater, but shall not exceed 500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES 1) The permit fee shall be $50.00 for the demolition of any building or structure. BB) PRE- NIOVING INSPECTION FEES 1) The fee shall be $150,00 for the pre - moving inspection of any building or structure. CC) INSPECTION FEES 1) A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. 2) A user fee of $40.00 per inspection shall be assessed for inspections on a time specified basis. 3) A user fee of 120.00 per inspection shall be assessed for inspections requested after normal working hours. (Normal working hours for inspections are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.) 4) First Partial inspection for single- family & tenant buildout. No charge 5) Second & subsequent partial inspections for single - family & tenant buildout. $25.00 DD) REINSPECTION FEES 1) Re- inspections for any type of building permit, or required Engineering re- inspections, shall result in an additional fee of $75.0 0 per inspection for the first re- inspection, $100.00 for the second re- inspection and $125.00 for the third and each successive re- inspection. EE) FAILURL TO OBTAIN A PERMIT 1) Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed 1000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person from fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County. FF) LICENSING 1) The fee for licensing items is as follows: a. Letters of Reciprocity. $3.00 b. Contractors Change of Status. 10.00 c. Voluntary Registration of State Certified Contractors. $10.00 d. Pictures. $2.00 e. Laminating $1.00 (per license) CDES Financial Administration, rev 09/25/03 AGENDA ITEM No. OCT 1 4 2003 pg. pa'e is GG) DUPLICATE PERMIT CARDS 1) The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason. HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS 1) To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $50.00. This fee includes the issuance of a new permit card. II) PERMIT FEE REFUNDS 1) If requested, in writing by the owner or his authorized agent, 50 %n of the fees charged, other than the application fee, may be refunded provided that a permit has been issued, construction has not commenced, and the refund is applied for prior to the cancellation of the permit. JJ)- RECORD RETRIEVAL l) No charge for retrieving records from inactive or remote storage including microfilmed documents KK) COPY FEES l) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than I I x 17 inches: $0.15 other sizes at cost of production. b. Microfilm or Blueprint copies: 18 X 24 $1.25 per page 30 X 36 $2.50 per page 30 X 42 $3.25 per page 34 X 44 $5.00 per page c. Community Development self - service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8.5 inches $0.15 per page inclusive of sales tax. LL) RESEARCH 1) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour 2) The fee for creating and designing special computer generated reports that are not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. NIM) SUBSCRIPTION SERVICE The fee for one -year subscription service to be mailed quarterly shall be 15.00 per year. The subscription year is from Oct. l through Sept. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE 1) A surcharge in the amount of 3% of the building permit application fee, with the minimum surcharge being $3.00 and the maximum being $150.0 0, will be CDES Financial Administration, rev 09/25/03 AGENDA 'ITEM — No._.f�i OCT 14 /2003 dagi 5 P�. 77 applied to every building permit application submitted. A flat fee of jam per permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. 00) REGISTRATION OF RENTAL DWELLINGS 1) The fee for registration of rental dwellings is as follows: a. Initial Registration Fee - $30.00 b. Annual Renewal - $20.00 c. Late Fee - 10.00 PP) FEE WAIVER PROCEDURES 1) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Services Division Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. QQ) ADDITIONAL FEE REFUND PROVISIONS I ) PAYMENT OF FEES: Full payment of fees is required for a complete application. Department policy requires full payment of fees at the time of application submittal. No work will begin on staff review of the application until all fees are paid in full. If full payment of fees is not received within 14 calendar days of application submittal, the application will be considered void. At this point, a new application and full payment of fees will be required to proceed with a project. 2) There will be no refund of Planning. Environmental, or Engineering related fees. except those applications which have been deemed not sufficient for staff review and are withdrawn within 30 days of notification will be entitled to a 50% refund. After 30 days from such notification, there will be no refund of submitted fees. 3) In no cases will there be refunds for pre - application fees, data conversion fees, appeals of administrative decisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. 4) If staff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100 percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of Department management. 5) In those cases where alternative methods or timing of payments for CDES services and / or fees listed in this schedule associated with SBR reviews are deemed to best serve the public good, the Community Development and Environmental Services Administrator will have the authority to approve such alternatives. Such alternative must be in writing and signed by all principals involved. In no case shall final C.O. or such certifications of project completeness be issued until payments due CDES are received in full. 6) All hourly fees are computed and charged from actual Divisional time tracking records. 7) All acreage totals used in fee calculations will be rounded up to the nearest whole ac e. AGENDA ITEM- ., 8) Any legal advertising required during any CDES activity or approval process will be charge addition to stated fees, at actual costs. CDES reserves the right to charge an estimat ariLount ;it� 2003 CDES Financial Administration. rev 09/25/03 Pg. rRed 'If the initially required project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion of the project. 9) When deemed essential for project review or approval, there will be no additional charge for any meetings requested by CDES staff. AGENDA ITEMr, No. OCT 14 2003 CDES Financial Administration, rev 09/25/03 1 pQ, pagp o u x t y COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE ERRATA ATTACHMENT "B" The following sections of the proposed CDES fee schedule were temporarily withdrawn from the Fee Proposal approved by the BCC on September 23. These fees, in a revised form, will be brought before the Board at the October 14 meeting in a separate request. Listed below are the "Current Fees" removed from the Sept 23 meeting, and the "Revised Fees" proposed for Oct 14: Section L.2: Data Conversion Fee Section L.5: Research Fee Section L.6: Computer Generated Reports Section L.7: CD Burning Section L.9: Photocopies Section JJ: Record Retrieval Section KK: Copy Fees Section LL: Research Fees Current Fee: L.2) Data Conversion Fee (to cover the cost of converting graphic and narrative information into electronic format) a. per site plan or land use petition $25.0 0 b. per amendment (PUD, site plan, etc.) $15.00 Revised Fee: Fee Deleted Current Fee: L.5) Research: The fee for researching records, ordinances, and codes shall be 100.00 per hour with a one half hour minimum charge Revised Fee: L.5) Research: The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. Current Fee: L.6) The fee for creating and designing special computer generated reports that are not a part of regular standard reports shall be $100.00 per hour with a one half hour minimum charge Revised Fee: AGENDA ITEM, OCT t y 2003 CDEIrev 9 /Pj(�3 Current Fee: L.7) CD Burning: 2$ 5.00, floppy disk: $5.00 Revised Fee: L.7) CD Burning: $I.00, floppy disk: .50 Current Fee: L.9.a) Photocopies of documents less than 14x8.5 inches: $0.15 one sided, $0.20 two sided, I 1 x 17 $.25 one sided, $-30 two sided, other sizes at cost of production. b) Certified copy of public record $1.00 each. Revised Fee: L.9.a) Photocopies of documents less than 11x17 inches: $0.15 one sided, $020 two sided, other sizes at cost of production. b) Certified copy of public record $1.00 each. Current Fee JJ) RECORD RETRIEVAL l) The fee for retrieving records from inactive or remote storage including microfilmed documents shall be a minimum of $15.00 or 3.75 per file whichever is greater. Revised Fee: JJ) RECORD RETRIEVAL 1) No charge for retrieving records from inactive or remote storage includin_ microfilmed documents Current Fees: KK) COPY FEES 1) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, 8' /z x 11 $2.00 each, 8'/2 x 14 $2.00 each. 11 x 17 $5.00 each. b. Microfilm copies, of plans $5.00 each. c. Blueprint copies 18 X 24 $2.00 per page or $1.50 per page for complete set 30 X 36 $4.00 per page or $2.25 per page for complete set 30 X 42 $5.00 per page or $2.50 per page for complete set 34 X 44 $5.25 per page or $2.50 per page for complete set d. Community Development self - service copier: documents less than 14x8.5 inches $0.15 per page inclusive of sales tax Revised Fees: KK) COPY FEES 1) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than'] I x 17 inches: $0.15 other sizes at cost production. c. Microfilm or Blueprint copies: 18 X 24 $1.25 per page CDES AGENDA ITEh- No.t OCT 14 2003 9/25/h" ?,? 30 X 36 $2.50 per page 30 X 42 $3.25 per page 34 X 44 JjQ0 per page d. Community Development self- service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8.5 inches $0.15 per page inclusive of sales tax. Current Fee: LL) RESEARCH I ) The fee for researching records, ordinances, and codes that are no longer current shall be $40,00 per hour with a one half hour minimum charge. 2) The fee for creating and designing special computer generated reports that are not a part of the regular standard reports shall be $25.00 per hour with a one half hour minimum charge. Revised Fees: LL) RESEARCH 1) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour 2) The fee for creating and designing special computer generated reports that are not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. AGENDA ITEM No. OCT 14 2003 v r 9/25/03 g 3 pg. EXECUTIVE SUMMARY APPROVE THE PURCHASE OF 3.55 ACRES OF LAND REQUIRED FOR A STORMWATER RETENTION AND TREATMENT POND FOR THE SANTA BARBARA BOULEVARD EXPANSION PROJECT. (FISCAL IMPACT: $321,837.00) OBJECTIVE: Obtain the Board of County Commissioners' approval to purchase land for a stormwater retention and treatment pond required for the Santa Barbara Boulevard Expansion Project. CONSIDERATIONS: On October 22, 2002, the Board of County Commissioners approved Resolution No. 2002 -442 authorizing the acquisition by gift or purchase of right -of -way and stormwater retention and treatment pond sites which will be required for the construction of roadway, drainage and utility improvements to Santa Barbara Boulevard (Project No. 62081) from Davis Boulevard to Pine Ridge Road. The most recent direction given to staff occurred at the Board of County Commissioners Santa Barbara /Logan Boulevard Workshop on April 16, 2003. Many changes to the original plan were discussed and some variations were made to the 6 laning of Santa Barbara, but the need for the stormwater retention ponds required for the improvements did not change. All properties selected for stormwater retention ponds are currently unimproved; and it is hoped that we will be able to purchase these properties before building permits are sought by their owners. In February 2003, while attempting to obtain a building permit, the property owners of this 3.55 acre tract were asked to wait because of the County's need to acquire this property for a stormwater retention and treatment pond. The owners agreed to wait and have been working with the County in good faith since March 2003 in order to reach an agreement that is favorable to both sides. The latest appraisal performed on this property was dated February 2003 and valued the property at $80,000.00 per acre. Appraisers working with the County have assembled market data which indicates Estates properties in this area are increasing in value at the rate of 24% per year. The property owners have indicated the property's value at over $90,000.00 per acre based upon purchase offers made to them. Staff has negotiated a settlement for full and fair compensation with Ray and Enrico E. Tyler in the total amount of $321,737.00 for the purchase of 3.55 acres described as the South 180 feet of Tract 106, Golden Gate Estates Unit 30, and for all other damages and expenses in connection with the conveyance of said easement. The settlement amount equates to $89,400.00 per acre plus closing costs of $4,367.00 on the purchase of a replacement property, which includes title insurance premiums, search and examination fees, closing fees, recording and other miscellaneous expenses. The owners have agreed to pay their own attorney's fees. FISCAL IMPACT: Funds in the amount of $321,837.00 will come from the Transportation j Supported Gas Tax Fund and Impact Fee Funds. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. 2. 3. 4. 5. Approve the attached Purchase Agreement; Authorize its Chairman to execute same on behalf of the Board; Authorize the payment of all costs and expenses necessary to close the transaction; Accept the conveyance of the property via Warranty Deed and authorize staff to record same in the public records of Collier County, Florida; and Approve any and all budget ame�r dments required. SUBMITTED B) DATE: , Manager Engineering and Construction Management REVIEWED BY: % DATE: Christian Nyb P.E r�6ject Manager Transportati6n En g Bering and Construction Management REVIEWED BY: v i c':,�;,� DATE: Dale Bathon, P.E., Principal Project Manager Transportation Engineering and Construction Management REVIEWED EWED BY: DATE:',/ / d Gregg R. Strakaluse, P.E., Director Engineering and Construction Management Department APPROVED BY: Noi Tra Feder, AICP, Administrator lation Services Division TE:�y�� — PROJECT: 62081 PARCEL No: 140 FOLIO No: 38 69520008 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this day of , 2003, by and between RAY TYLER AND ENRICO E. TYLER, (hereinafter collectively referred to as "Owner "), whose address is 4980 32' d .Avenue S.W., Naples, FL 34116 -8112 and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser "); WHEREAS, Purchaser requires a :`ee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it Is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $321,737.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing "). Said payment shall 7e full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for ail other damages in connection vJth conveyance of said Property to Purchaser, including all attorneys fees, exoert witness fees and costs as provided for in Chapter 73, Florida Stctutes. Prior to Closing. Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records 3f Ccllier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such !iens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding --,f the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Purchase Agreement _Arj,,,,, °Ti Vl Purchase Agreement Page 2 Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorrey fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transactior including but not limitee to transfer, documentary and intangible taxes, and recor Ling costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsib'e for paying any costs and /or fees associated with securing from mcrtgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are recessary to convey a clear and marketab'e title to the Property. The asst of a title commitment shall be paid by Purchaser. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parries hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form ot representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11, This Agreement is governed and construed in accordance with the laws of the State of Florida. t) C T t 46is Pur&aceAgreomont Page 3 |N WITNESS WHEREOF, the parties hereto have executed this Agreement on this _____ day of .2UO3. Property acquisition approved by BCC pursuant uo Resolution No. 2002~442, October 22.2002. AS TO PURCHASER: - DATED: ATTEST: DWIGHT EBROCK.C|orK , Deputy Clerk AST0OWNER: D � Name (Print or Type) Witness �Signature) Name �Print or T'yw ../ ' =~ --' Name (Print or Type) Witness (Signature) Name (Print or Type) Approved aom form and leg,ql sufficiency: ^- Ellen T. Chadwe| Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, Chairman RAY TYLER ' ENRICO E. TYLER OCT V; F"D .91 0 8!!7 1 2DO GRAPH7 SCALE c 06., -OLOEN (-A TE �STATFS UNIT 30, Z\� jF A` 'P T 31,10 7, PACE 58 X x < 10,5 f-EE SIMPLE'! TAKING X 154,405 SOUARE FLTT <: 3.54 ACRES 17� L > PROPOSED P. 0 W. EA SDVEN T -ZIS TINC 5J' EASCME-NTJ I-,"OR R. 0. W PURPOSES 4 CTION 2,9 j I ("PER Pt A T) '�ANTA BARBAPA BOULEVARD COL OCN CA TF UNIT 6� -OL A T BOOK 5, PA CES 124 - I J4 1--t I Go�l -,4 -,C C 'I - -�A 7 :�00?,' 5, PACES 724-1J4 5t OC'( 225 LFGAL DESCRIP77ON 4 FS TA TFS UY/ T 30, OL A T 500K 7, PAGE 53, C��J'� 7 �L 'p,"CA, '4 4 " S�f-4r�c- F� -5- E T '.'Ci� 7- - '5Z 4--,115 1,fOPE OR L-F-5, S['5,ffF TO -11qE EXISTING 5j, 2E p 9,540 -�CbAR-r :��-E-T MORE OR LESS T EXHIBIT-L- of NOT A SURVEY LEGEND: E X/s T;,V(; -?�G W EASEMENT C,�E�, AL .1 �41�15 PRCPOSED -H'FF� F--,0A P�O'5,7i�- � LS P55'�'7 A00;110A'AL ACQ�ASMON IL py qc -,,OR R 0 V ��',HT OF WA Y '-Art I�Al C�—Art A f� �DA CA S' JONC T OF 4 U, HOP�ZA T-CN. 4 NO 62081 �j �mn �� COWER couNTY TRANspoRmnom I 1'. wils6nA m filler ENGINEERING & CONSTRUC770H WANAGEMENT DIW90N SKETCH AND DESCRIP77ON AtL OF "If SOLITH 750' OF RAC7 IC6, 5'," . CATE ESTATES UVIF �30. ILA' BOOK 1. FACE �6, COLL'Ez? COL!/,rr'� rLOP10A o "LEI N-aE� I I�LE No.: N6022-00-070- TDi,v� , '40 :,- XXX 12GG-203. OCT V; F"D .91 EXECUTIVE SUMMARY APPROVE THE PURCHASE OF 2.96 ACRES OF LAND REQUIRED FOR A STORMWATER RETENTION AND TREATMENT POND FOR THE SANTA BARBARA BOULEVARD EXPANSION PROJECT. (FISCAL IMPACT: $268,365.00) OBJECTIVE: Obtain the Board of County Commissioners' approval to purchase land for a stormwater retention and treatment pond required for the Santa Barbara Boulevard Expansion Project. CONSIDERATIONS: On October 22, 2002, the Board of County Commissioners approved Resolution No. 2002 -442 authorizing the acquisition by gift or purchase of right -of -way and stormwater retention and treatment pond sites which will be required for the construction of roadway, drainage and utility improvements to Santa Barbara Boulevard (Project No. 62081) from Davis Boulevard to Pine Ridge Road. The most recent direction given to staff occurred at the Board of County Commissioners Santa Barbara /Logan Boulevard Workshop on April 16, 2003. Many changes to the original plan were discussed and some variations were made to the 6 laning of Santa Barbara, but the need for the stormwater retention ponds required for the improvements did not change. All properties selected for stormwater retention ponds are currently unimproved; and it is hoped that we will be able to purchase these properties before building permits are sought by their owners. In February 2003, while attempting to obtain a building permit, the property owners of this 2.96 acre tract were asked to wait because of the County's need to acquire this property for a stormwater retention and treatment pond. The owners agreed to wait and have been working with the County in good faith since March 2003 in order to reach an agreement that is favorable to both sides. The latest appraisal performed on this property was dated February 2003 and valued the property at $80,000.00 per acre. Appraisers working with the County have assembled market data which indicates Estates properties in this area are increasing in value at the rate of 24% per year. The property owners have indicated the property's value at over $90,000.00 per acre based upon purchase offers made to them. Staff has negotiated a settlement for full and fair compensation with Ray and Enrico E. Tyler in the total amount of $268,265.00 for the purchase of 2.96 acres described as the North 150 feet of Tract 106, Golden Gate Estates Unit 30, and for all other damages and expenses in connection with the conveyance of said easement. The settlement amount equates to $89,400.00 per acre plus closing costs of $3,641.00 on the purchase of a replacement property, which includes title insurance premiums, search and examination fees, closing fees, recording and other miscellaneous expenses. The owners have agreed to pay their own attorney's fees. FISCAL IMPACT: Funds in the amount of $268,365.00 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Purchase Agreement; 2. Authorize its Chairman to execute same on behalf of the Board; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Accept the conveyance of the property via Warranty Deed and authorize staff to record same in the public records of Collier County, Florida; and 5. Approve any and all budget am dments required. SUBMITTED BY: DATE: 9 -1 7 -09 evin en r s, Right -of- Acquisition Manager Transportation Engineering and Construction Management REVIEWED BY: / DATE: Christian Nybe , P.E ect Manager Transportati n En ring and Construction Management REVIEWED BY: %+r�- ^�`�w -' DATE: Dale Bathon, P.E., Principal Project Manager Transportation Engineering and Construction Management i REVIEWED BY: DATE: �3 Gregg R. Strakaluse, P.E., Director Engineering and Construction Management Department PROJECT: 62081 PARCEL No: 141 FOLIO No: 38169560000 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this day of , 2003, by and between RAY TYLER AND ENRICO E. TYLER, (hereinafter collectively referred to as "Owner"), whose address is 4980 32 id Avenue S.W., Naples, FL 34116-8112 and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser "); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property "), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed :o compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $268,265.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing "). Said payment shall be full compensation for the Prooerty conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however. that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Purchase Agreement I NG. OfI i 1 '� NO pq. 3 - Purchase Agreement Page 2 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the Property and all uses of the Property have been and presently are in compliance with al! Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and /or fees associated with securing from mcrtgagee(s), and recording in the public records of Collier County, Florida, such full or part al release(s) or satisfaction(s) as are necessary to convey a clear and marketable tike to the Property. The cost of a title commitment shall be paid by Purchaser. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon :he parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. AGI=ND6 IT 4 a OCT t ;2U,3 Pg. Pu-chase Agreomen Page 3 |N WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of 2003. Property acquisition approved by BCC pursuant to Resolution No. 2002~442, October AS TO PURCHASER: DATED: ATTEST: DWIGHT E8ROCK.Clerk , Deputy Clerk / _ . 'itness =v. -' Name (Print or Type) Witness (Signature) ' Name (Print or Approved asuz form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, Chairman ENR|COE.TY ' RAY TYLER ,AG ITEM No. TR�n- cv -- L ,-; % AG EN,D; '.TT al,4 OCT 1 I, 2303 pg. • IO 25 50 SOD 7pp CRAPH7C SCALE n 100,1 GLD N _ ESTATES UNI T 0, LA 3J0� 7, PAGE 58 x a a 105 1 "05 I FEE SIMPLE TAKING `o 126,1763 SQUARE FEET I • 296 ACRES C P 0 W EG VENT — y �X'SF,*G 53' EASEMENT cR R.0 V/ PURPOSES � .5 L ".E ?F -C; �? (PER PLAT) .. SANT,a BARBARA BOULEVARD GOLCE'N GATE UNIT 6, PL A T 350K 5, PAGES 124 - 71334�-- AT 30C, 5, PAGES 5LO K 225 LEGAL DESCRIP AON A,L c �� -� C �- _ -, GG:E rSTA-rs L . '� ,-LA1 BOOK 7, PAGE 58, ! I A:`� �`, .'f C Jh, l 1. C - � __ �i.J i✓ll.�l' Q - E _ � ua ✓ECT TO HE Ex�s nNC 53' p w A . ; _ -E T OR OR LESS. EXHIBIT Delp ' NOT A SURVEY #f F�F °AR =O Ey. %LSON r rC LEGF.,VD: Exis ` R 0.WNEASEMENT L v�_ i dJ' .P.• =CAE A, -- Q'EYOR :A F _ � y PROPOSED F /OA REG STPA , , _ ; 56.7 ADDI AONAL ACOUISJ r1ON IJOT tAUD UIJLESS SbNEO EY ;!-E SUR ✓r "CP, .., �,D -.�e z«c a� ��xr,. =.C. '•Y = ?lC.YT OF WAY 5F4: WITH TH= S RV,YC4'S F".,EOSSEE C f, ree, -aso CERTIFICATE OF AUTHORf ATICN LE -4i `J rO cInA EAST ''W eAwca 62081 1 =eRCE. .c. ENGINEERING COLLIER COUNTY TRANSPORTATION & CONSTRUCTION MANAGEMENT DIVISION • Wilsion Ulillsr SKETCH AND DESCRIPTION i 3EwG 41L OF . - -_ NORTii 750' OF TRACT 106. .vxa e�,.rr.Ec.,�.:r s r r•.n .air.. -+eca re e� a. >n.e .,CLO =P. CA .E £STA'�5 „J7 30 °LAT BOOK 7, PACE 58. Wscr.M 7e nc =OLL£R =0UNT'' FLCRDA wv! 41Vpa •.vatvY d!rw•'rrq _._ RCJ(CI v� S�EEI r+U XR: E•LE ,4;20'2 v6czz -oc�- plc -r�� 41 - xxx I 2GG -203 AG EN,D; '.TT al,4 OCT 1 I, 2303 pg. EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP #03 -3553, "ENGINEERING AND PERMITTING SERVICES FOR CAPACITY IMPROVEMENTS TO COLLIER BOULEVARD FROM U.S. 41 TO DAVIS BOULEVARD ", COUNTY PROJECT NO. 60001. OBJECTIVE: To obtain Board approval of th firms for professional design services related Boulevard from US 41 to Davis Boulevard; negotiations for subsequent Board approval. e Selection Committee's ranking of consulting to proposed capacity improvements to Collier and to obtain authorization to begin contract CONSIDERATIONS: The Board of County Commissioners approved the 5 -Year Transportation Work Program at their workshop on December 20, 2002. The approved work program included capacity improvements to Collier Boulevard from US 41 to Davis Boulevard. A Request for Proposals (RFP #03 -3553) was issued for the purpose of establishing a contract with a consulting firm capable of providing professional design services to the County for this project. The RFP was issued on July 14, 2003, in accordance with Florida Statutes, Section 287.055, Consultant Competitive Negotiation Act (CNNA). Notices were sent to 149 firms with 13 firms submitting proposals by the due date of August 15, 2003. A Selection Committee meeting was held on September 12, 2003. Following review, scoring and discussion of the proposals, a consensus of the five members of the Selection Committee determined the top three firms as follows: 1. CH2M Hill 2. Kisinger, Campo and Associates 3. Boyle Engineering Upon Board approval, contract negotiations will commence with the top- ranked firm. In the event that an agreement cannot be reached with the top- ranked firm, staff to proceed with negotiations with the second - ranked firm in accordance with the CCNA statute FISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms. RECOMMENDATION: That the Board of County Commissioners: (1) Approve the Selection Committee's selection and ranking of firms; (2) Authorize staff to begin contract negotiations with the top ranked firm; (3) Authorize staff to negotiate a contract with subsequently ranked firms if necessary per the CCNA statute. � t T 2093 b 1 Z SUBMITTED BY: DATE: 03 C) ristian H. Nyber .E_ S i roject Manager APPROVED BY: DATE: Gregg R. Strakaluse, P.E., Director Transportation Engineering & Construction Management Dept. APPROVED BY: Steve C6rnell,- D4/ector Purchasing/General Services Dept. APPROVED BY: Norman Feder, AICP, Administrator Transportation Division DATE: DATE: u (-, C'M h M i5 OCT 1 2003 EXECUTIVE SUMMARY BOARD APPROVAL OF QUOTES UNDER CONTRACT # 03 -3495 CONCRETE /PAVEMENT CONTRACTORS FOR "COUNTYWIDE SIDEWALK PROJECTS" AND THE ISSUANCE OF A PURCHASE ORDER IN THE NOT TO EXCEED AMOUNT OF $592,400 TO COUGAR CONTRACTING SPECIALTIES, INC. OBJECTIVE: To provide the means by which Transportation/Traffic Operations /Alternative Transportation Modes Department can construct sidewalks for the residents throughout various roadways in Collier County. CONSIDERATIONS: Bid 03 -3495 was awarded by the Board on May 13, 2003, under Agenda Item No. 16.E.3. Under this award, this contract may be utilized by all Collier County departments and as such Quotes were issued on behalf of the Transportation/Traffic Operations /Alternative Transportation Modes departments. No individual project shall exceed $200,000 as stipulated in the contract and all projects with an estimated amount over $25,000.00 shall be presented to the Board for their approval. This work was separated into four (4) base bids. This was done to geographically layout the work for ease of contract management. All of the base bids exceeded the $25,000.00 limit, requiring Board approval but do not exceed the $200,000 dollar threshold for use of Contract #03 -3495. Bid tabulation sheet is attached for your reference. On September 12, 2003, quotes were sent to the four firms undei � 'ontract # 03 -3495, Neubert Construction Services, Inc., BQ Concrete, Timo Brothers, and Cougar Contracting Specialties, Inc. One (1) quote was received by the due date of September 19, 2003. Staff has reviewed the quote received for Countywide Sidewalk Projects and recommends award of this quote under Contract #03 -3495 to Cougar Contracting Specialties, Inc. FISCAL IMPACT: Funds in the amount of $592,400 are budgeted in the Transportation Supported Gas Tax Fund (313)under the County -Wide Sidewalk project (60173). GROWTH MANAGEMENT PLAN: There is no Growth Management impact associated with this action. RECOMMENDATION: That the Board of County Commissioners award Quotes under Contract 403- 3485- Concrete /Pavement Contractors for "Countywide Sidewalk Projects" to Cougar Contracting Specialties, Inc. and authorize the issuance of a Purchase Order in the not to exceed amount of $592,400.00 for this work. I6 15 U Prepared by: �� lt�A Albury, Purchasing A ;hasing Department Reviewed by: Diane Reviewed by: =�ft Steve Purch Approved by: T Director n/Traffic Operations /Alter. Trans. Modes --- -11, Dir &tor /General Services eder, AICP )n Division Administrator Date: 0 �/ 103 Date: c,? L-3 Date: Date: A 13 O W c� C ? C� O C 'o O C) (D d ¢ n D) to � 3 M 0 cD' N 0 = O 7 OJ ,n.. 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O 0,0 O Oi O' mmaowao m oo�00 o Z Z Z Z Z. Z 0000, 0 o MI � Z O7 0 C y ` 3 = u) m R O•,'m I tn3. omim'.Qi$ n,..� D. p 1p o ,ni o: j mac! �Dx�m o-0 A °a (D Q .z to n O CD (D . N CD ' n j a) I A . r N j o , - y,3 T j o O7 C' O;O C) 00 O Q7: OO � O O Z'Z Z Z'Z Z'. O 0,0 O Oi O' mmaowao m oo�00 o Z Z Z Z Z. Z 0000, 0 O m m co, co CO; w I j , OOOOOi O w m w oo.00: ico 0005; IO o W m O m G n m C/) q CL rn m D) 7 3 2 0 .0 o� n N O � o O m .. y CD cn � co rn 3 o- o Q co tD N � O Vl O co z 3 m x d m Z 0 O (D N 0 w CD ' cn G CD m CL �E! EXECUTIVE SUMMARY STATUS REPORT REGARDING COLLIER COUNTY LANDSCAPE BEAUTIFICATION MASTER PLAN AND TO APPROVE IMPLEMENTATION AND FUNDING OBJECTIVE: To provide a status report regarding the Collier County Landscape Beautification Master Plan and to approve implementation and funding. CONSIDERATIONS: On April 22, 2003 (Agenda Item 10C), the Board approved the "Collier County Landscape Beautification Master Plan" and determined a level `B- C1'landscaping for future roadway beautification projects. The level `B -C1' was selected for arterial and collector roadways and level `B' for wet retention ponds. On the September 18, 2003 Budget hearing, the Board approved full funding the "Collier County Landscape Beautification Master Plan ". An amount of $2,675,408 was designated for the following road segments scheduled for installation in calendar year 2004: • Pine Ridge Road East- Gateway $583,800 3`d Quarter 2004 • Airport Road $452,526 2"d Quarter 2004 • Rattlesnake Hammock $487,482 2nd Quarter 2004 • Golden Gate Blvd. $339,500 3`d Quarter 2004 • Livingston Road Gateway $812,100 4`h Quarter 2004 In addition to new construction, $233,400 was approved for the County to assume the annual maintenance of Radio Road in calendar year 2003: • Radio Road $233,400 4`h Quarter 2003 FISCAL IMPACT: The installation cost of Gateway road segments within the "Collier County Landscape Beautification Master Plan" is estimated to be $1,395,900 for FY04. The installation cost of non - Gateway road segments within the "Collier County Landscape Beautification Master Plan" is estimated to be $1,515,058 for FY04. All funding for Landscape projects is budgeted within the MSTD General Fund (112) Landscape Projects. The future maintenance will be budgeted through MSTD General Fund (112) projects, upon the completion of the projects. Landscape beautification projects on newly constructed and reconstructed arterials and collectors within the Transportation 5 -'fear Road Work Program are to be budgeted through Road Construction Fund, Gas Tax Fund (313). The Future Maintenance will be budgeted through MSTD General Fund (112) Projects. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the status report regarding the Collier County Landscape Beautification Master Plan and recognize implementation-,and funding for the program, PREPARED BY: _.:., . ,: _ ` (tom .,__ _� DATE''� 3 Pamela Z: Lulich, A Project Manager, Alternative Transportation Modes APPROVED,BY: Diane Ilagg, Ali Transportation Modes Director APPROVED BY: J N rmAln E. Feder, AICP, Transportation Administrator DATE: l° /" `,-3 Executive Summary Landscape Beautification Master Plan for County Rights -of -Way Page 2 of 2 Attachments: Executive Summary April 22, 2003, Agenda Item IOC Budget Worksheet OCT v k Fund 112 jVBS ele Segment 600391 US 41 East Phase A & B 600961 US 41 Seagate Dr. to Gulf Park Dr. 740451 Pine Ridge Logan to Aiport 741261 Pine Ridge Irrigation 740461 PRR 1 -75 -Logan 600981 Davis Phase II Refurbishment 601501 Pine Ridge Rd. Hedge 601511 Triangle 601521 Pine Ridge Road West 601114 Pine Ridge Road East - Gateway 601541 Seagate Drive 601551 US 41 N 670511 US 41 North Phase II 601561 Vanderbilt Beach Road 601571 Hickory Berm 601591 Immokalee Road 601601 Bonita Beach Road 620101 US 41 East Phase A 620111 US 41 East Phase B 620121 Davis Blvd. Phase 1 620131 Davis Blvd. Phase 11 620141 Radio Road 620161 Airport Road 0314 Airport Road 620171 Golden Gate Internal Roads 620181 Golden Gate Parkway 620191 CR 951 Part A 620201 CR 951 Part B 620221 Devonshire Blvd. 630101 Immokalee (CR 846 & SR 29) 630111 SR 951 at Fiddler's Creek 610151 Lake Boorman 610161 Rattlesnake Hmk (US 41 to Co. Bn) 650211 Rattlesnake Hmk (US 41 to Polly) 610171 GG Blvd. (951 to Bridge) 630413 GG Blvd. (951 to Bridge) 610131 Immokalee Road Mowing MSTD 600714 Livingston Road Gateway 991121 Contingency Total Amended FY04 Landscape Master Plan Master Plan Budget Current Master Plan Fund 001 Fund 111 60,162 0 0 101,340 0 0 39,550 0 0 80,000 0 0 0 100,100 480,021 0 0 5,300 6,100 0 4,600 7,400 0 45,300 86,900 0 0 28,281 583,800 6,400 5,800 0 63,100 52,800 0 10,243 84,300 0 4,400 4,500 0 800 800 0 116,400 135,300 0 35.000 35,000 0 32,300 38,900 0 32,500 48,700 0 76.000 38,000 0 70,400 345,600 0 57,000 58,000 233,400 233,300 379,974 0 0 452,526 21,000 21,500 0 229,393 204,700 0 113,987 118,600 0 146,320 157,600 0 57,000 9,100 0 220,800 236,100 0 118,800 112,100 0 0 18,500 0 0 13,018 0 0 0 487,482 0 4,000 0 0 339,500 0 217,400 0 0 0 812,100 100,000 $2,461,416 $2,669,073 $2,908,808 Expanded Justification Notes: *Collier County Landscape Beautification Master Plan approved by BCC April 22, 2003 $2,675,408 *Assume Maint. costs for the Radio Rd. Arterial Landscaping $233,400 $2,908,808 *Livingston Road substituted for 1 -75 Interchange 583,800 233,400 452,526 487,482 339,500 812,100 2,150 $1,395,900 $1,515,058 r EXECUTIVE SUMMARY APPROVE A COLLIER COUNTY LANDSCAPE BEAUTIFICATION MASTER PLAN AND FUNDING; APPROVE A LEVEL OF LANDSCAPE BEAUTIFICATION FOR MEDIANS, RETENTION PONDS, AND. INTERCHANGES; ADOPT THE COLLIER COUNTY LANDSCAPE BEAUTIFICATION MASTER PLAN AS POLICY FOR ARTERIAL AND =1 Emma HQADMAYS OBJECTIVE: That the Board approves a "Collier County Landscape Beautification Master Plan" and determines a level of landscaping for futur". roadway beautification projects of arterial and collector roadways. The timeline for the "Collier County Landscape Beautification Master Plan" as presented is based on Transportation Engineering and Construction Management's five (5) year road construction work plan. The purpose of this action is to provide a level of landscaping along improved roadways and to maintain a signature streetscape appearance based on established levels of landscaping within the Community. CONSIDERATIONS: The signature appearance of Collier Canty roadway landscaping reflects the character of the Community and the Southwest Florida region. The stroetscape landscaping is the most public and visible type of landscape rcaiooi and-tbe most. appreciated by the Community. The benefits of landscaping have been directly related to traffic calming, coding and screening of adjacent properties, and increased property values The history of the Streetscape program emphasizes the preservation of the unique character of the region and this proposal builds on that original desire. In comparison, the five (5) year road constriction work program budget is $507,537,000 with a 10% contingency; the proposed landscape master plan is a three (3) year landscape beautification program with an estimated capital budget of $2.6 to $3.1 million for the next three years. Depending on the level selected, the cost for landscape improvements is only 0.5% -1.3% of the roadway construction budget in FY04, 0.4 % -1.1 % in FY 05, and 0.5%-1.1% in FY 06. (Attachment #1) Beyond the 3 -year landscape master plan, staff recommends that roadway construction projects completed in FY04 -FY07 as well as those projected in the Long Range Traffic Plan have landscape beautification money budgeted for their projects within the road construction budget. (Attachment #145) The level is to be determined on one of the following levels recommended by the Board. Median Landscaping: A base level of landscaping was discussed at the Landscape Workshop on September 5, 2002. A base level is the ground preparation for future planting. The sequencing of road expansion and landscape base preparation prevents any duplication of base constriction costs. A base level of landscaping includes: electrical and irrigation skewing, clean median backfill with eight (8') of landscape soil, non- mountable curbing (FDOT Type 1), bahia grass, and brick pavers at the median ends. The cost to install sodding, topsoil, and sleeving is $61,000 per mile and the cost to maintain in -house is approximately $52,000.00 per mile for a 17 foot median. Examples are Livingston Road (Golden Gate Parkway to Pine Ridge Road) and Airport - Pulling '(Pine Ridge to Vanderbilt Beach Road) (Attachment #2) "Type A" landscapine builds upon the base preparation of landscaping to include a mainline irrigation system with pop-up system for planting beds at median ends and bubblers for trees. There is a planting of canopy trees and/or alms or single)_- 0C :q ff-� - -� Executive Summary Landscape Beautification Master Plan for County Rights -of -Way Page 2 of 4 spaced 50-100 feet apart_ The Radio Road landscaping (Airport - Pulling to Santa Barbara Blvd.) is the only example of a "Type A" landscaping within Collier County. The cost to install a TM "A" landscaping within a 17 -foot width median would cost $153, 198.46 and the outsourced maintenance cost is $59,138.06 per mile. (Attachment #2). "Type B" lane IS!rLu& in addition to base level and "Type A" items, St. Augustine grass is planted instead of bahia. Shrubs, flowering trees and planting beds are planted the entire length of the median. "Type B" landscaping requires 100% irrigation of the median to support the growth of St. Augustine grass or other plantings. Examples of "Type B" landscaping are Davis Blvd. (Airport - Pulling Road to County Barn Road), Collier Blvd. (Green Blvd. to Golden Gate canal), US 41 North (Pine Ridge to Vanderbih Beach Road), and Pine Ridge Road (Airport - Pulling to US 41 N). The cost to install a 17 -foot median is $174,841.13 per mile. The outsourced annual cost to maintain a "Type B" 17 -foot median is $78,272.08 per mile. (Attachment #2). "Type C" landscaping has all of the elements of a Type B median with additional side road plantings. There are two levels of side road plantings a street tree planting or Type C 1 and a buffer planting or "Type C2 ". An example of "Type Cl" landscaping is US 41 East Phase "B"- (Government Complex Entrance to Rattlesnake Hammock Road). This particular segment has a Level "B" median with side road street tree plantings. A "Tyne Cl" landscapine has side road canopy trees and/or palms (Grouped or Singles) 50-100 feet apart irrigated through a bubbler irrigation system. The edges would remain planted with bahia sod. The estimated installation cost is 5135,000 per mile (canopy trees planted on both sides of the street and spaced 75 feet on center). There is an additional annual outsourced cost of $7,067 to maintain the street trees through an irrigation system. (Attachment. #2). Staff does not recommended planting street trees without irrigation because of the low survivability rates and the neoded frequency of watering. If the Board were to recommend planting without irrigation, the outsourced cost would be $32,250 per mile for a 7 -month establishment period. This would include street trees on both sides of the street. This cost does not include maintenance of traffic costs. The trees would be monitored on a weekly basis and there would be no way of predicting the actual costs. A "Type C2" landmapinE!has side road canopy trees and/or palms (Grouped or Singles) 50 -100 feet apart irrigated through a bubbler irrigation system, side road 94rubs, flowering trees, planting beds, and/or St. Augustine grass. The beds and grass would require 100% irrigation. The estimated installation cost is $148,158.87 per mile. The Outsourced Annual cost to maintain the buffer is $30,867.92 per mile. Rio.. _ _ i (.�-. Executive Summary Landscape Beautification Master Plan for County Rights-of-Way Page 3 of 4 Wet Retention Ponds: "Type A" Retention Pond encompasses palms and native trees and shrubs, littoral zone planting, bahia grass, and planting beds. An example of a "Type A" wet retention pond is at Orange Blossom and Yarberry Lane. The cost to install a "Type A" is estimated to be $15,000 per 3-acre pond. The outsourced annual maintenance is $24,450 pet 5-acre site. (Attachment #2). "Type F" Retention Pond includes palms and native trees and shrubs, littoral zone planting, bahia grass, planting beds, and lighted aeration fountains. In addition, there would be an opportunity for additional site amenities and improvements such as benches and paths. A pond located at US 41 East and Catalina Street is an example of a "Type B" right -of- way retention pond. The cost to install a "Type "B" is estimated to be $30,000 per 3 -acre pond. The outsourced annual maintenance is $28,000 per 5 -acre site. (Attachment #2). Dry Retention Ponds: "Type A "Retention Pond includes palms/native trees, shrubs, and bahia grass. An example is at Golden Gate Blvd. and SW 31st Street (Max Hasse Park) The cost to install a "Type A" is estimated to be $10,000 per 3 -acre pond. The outsourced annual maintenance is $15,000 per 5 -acre site. (Attachment #2). FISCAL IMPACT: The installation cost of the "Collier County Landscape Beautification Master Plan" (Attachment #3) will be budgeted in MSTI 3eneral Fund (1.11) for the first three years. The future maintenance will be budgeted through MSTD General Fund (111). The amount will depend on the type of landscaping that is selected by the Board. Landscape beautification projects on newly constructed and reconstructed arterials and collectors within the Transportation 5 -Year Road Work Program are to be budgeted through Road Construction Fund, Gas Tax Fund and managed through the Landscape Operations Section of Alternative Transportation Modes. The Future Maintenance will be budgeted through MSTD General Fund (111). The amount will depend on the Type of Landscaping that is selected by the Board. (Attachment #5) GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve a "Collier County Landscape Beautification Master Plan" for arterial and collector roadways; and approve `Type A' landscape beautification for medians, retention ponds, and interchanges. If budget permits to also install `Type C1' side road landscaping. 1. If a developer /MSTU located on an arterial or collector wishes to improve County landscaping level then they would be required to pay the difference between the County's annual maintenance cost and the actual maintenance cost. The developer/MSTU would pay 100° /. of the additional plant material and irrigation improvements. 2. If a developer/MSTU wishes to landscape a road segment outside of the 3 -year plan, they would be required to pay 100% of the installation and maintenance. This condition would be required until the County reaches a point where the segment is connected to a County improved landscape segment and then the County would assume the maintenance responsibilities up to the Board approved level. 3. Staff recommends that revisions be made to Ordinance 93-64, which refer landscaping— Within within the right of way and amend the LDC Ordinance 97 -25, Streetscape Mast - rvJ- A"Ac" Executive Summary Landscape Beautification Master Plan for County Rights -of -Way Page 4 of 4 and replace with "Collier County Landscape Beautification Master Plan". Staff desires to make these documents consistent with Board policy direction and present maintenance standards. 4. To fully evaluate in -house and outsoumcd landscape maintenance costs, staff recommends continued use of in -Douse landscape maintenance staff in combination with outsourced landscape maintenance firms, The annual in- house landscape maintenance cost will be re- evaluated annually to assure cost efficiency. PWIPARED BY: DATE: Z-,--�Z40 3 Pabaqla J. Lulich, AS Project Mawga, Alternative Transports ioo APPROVED BY: DATE: I Diane TranWortation Modes Director APPROVED BY: , ! . /I,IltIiZDmJ- ke*- DATE:_ / Nor6n E. Feder, AICP, TranspoAfition Administrator Attachments: No. 1— Capital Cost Comparison No. 2 — Types of Landscaping No. 3 — Transportation Projects — Completion Dates No. 4 — Landscaping Plan FY04, FY05, FY06 No. 5 — Landscaping Installation & Maintenance Costs ti • r m t 3 t N - '1 N N N� 'j O -• O Co (D CO O 0 A N N O O A A co (D cn — -1 OD (D 0 Cl) W CA O — — to A "a _ta _� " (.n V to —+ _W C) (D (A A O a) Ul 0 O -+ m O O N CJt V A A CD A (D N O (D O cD Co N m N m Co W CA W W OD Ul CO cn _a s p p _1 O O O w W > W oo > W ao a) > -1 --i m A V O Cz (D cn Cn W m �D W O W A V Co (Tt W O V W k* Q° Sp v 'D 0 0 0 0 o o- o- of of 61 0 0 0 0 0 o � o1, 000aD> g� O CD cl, No C) 000�> c3 W D -n -n -n -n T -n -n 71 -n -1 "n -n -n -1 -n 0 0 0 0 0 O O O O O O O O O Co O CA O CA O N Un U1 Ut Ln iN, i1- A A A fA E!i 4A fA fA fA 6R 6q fA fA fA fA 6% EA 0% 0 S O E /mI� r i Co CO 00 OD co j J 1 co OD OD S o V V V V V 00 co co OD co OD OD O O O O 0) O O O O O O ( CF) 000) V V V V V 0 OD D CA OD 0D 0 OD CO OD 0 0 0 0) C � Q> Q� 00) a) 000.00 0 0000 OD co N 0 co O O O O O O O O O O .c 0 0 0 0 0 O O O O O O O O O O fA EA fA fA fff fA <A fA to fA fA fA fA ffl fA • D > O c) D m r? 7, D0 no v La �> L Z Z 1® 7 � 1J.: . -� _ r m 3 N N -► N - '1 N N N� 'j �� -• O Co (D CO O (D V CO V 0 A N N O C) A A co (D cn — -1 OD (D 0 W ro A N A W N V co O — — to OD — _A O W "a _ta _� " (.n V to —+ _W C) (D (A A O a) Ul 0 O -+ m O O N CJt V A A CD A (D N O (D O cD Co N m N m Co W CA W W OD Ul CO cn _a s p p _1 O O O 1 A � W CO COD O N U m A V O Cz (D cn Cn W m �D W O W A V Co (Tt W O V W 0 0 0 0 o o- o- of of 61 0 0 0 0 0 o � o1, 0 0 0 0 0 o of o- o� g� O c3 D > O c) D m r? 7, D0 no v La �> L Z Z 1® 7 � 1J.: . -� _ G) -1 � -� -i cmn - -i p -� -1 m �� m (a n 0 D v_ - Co .� G�2' P) - m :QJ _ CD --�eV so � _ �� Q OL 0 03 _ Z �D CD '' °' o 40D ta. r 4 N - n 3 a C CD 0 Zo SD C -* ��0 .. n Q CL p. 3 -< CD < CL c D r- (1) cr m 0 T CL D CD 1 dN o n r a Q Q Z CD :3 0 - .. o U) .-. 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In Collier County, the estimated reduction of Medicaid funding is $8,339 a month and an annual reduction of $100,068. This reduction initiated a partnership between the Agency on Health Care Administration and the Commission for the Transportation Disadvantaged. The Commission for the Transportation Disadvantaged is now the Manager of the Medicaid non - emergency transportation program. The Community Transportation Coordinator's are serving as the local gatekeepers for each service area. With more local control over the program, the Community Transportation Coordinator can enforce more stringent eligibility screenings and require more fixed route usage of the Collier Area Transit system when appropriate. These measures would assist the Community Transportation �--- Coordinator in provision of service with the reduced budget. If the revised service levels significantly impact the transportation disadvantaged community members, staff will seek Board direction for adding funding options. As the Community Transportation Coordinator for Collier County, the Board of County Commissioners must enter into a contract with the Commission for the Transportation Disadvantaged for the provision of the Medicaid non - emergency transportation services. )OISCAL IMPACT: The allocated funding amount for Collier County between ctober 16, 2003 and June 30, 2004 is $312,833. The County will be paid the monthly lump sum of $36,804 for the provision of transportation. This funding is budgeted in Fund 126- 138330 - 31126. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the execution of the agreement between Collier County and the Commission for the Transportation Disadvantaged and approve any budget amendments necessary to receive the funds. t _U16 ..A Prepared by: Reviewed by: --1 11 Diane B. F Modes D,Ki DaieG' PLfblic Transportation Planner Date: Traffic Operations / Alternative Transpo ti n Approved by: Date: Ale D3 Norma E. Fede , Transportation Services Administrator 0. 0 CT 1 2003 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED SUBCONTRACTED TRANSPORTATION PROVIDER SERVICE AGREEMENT MEDICAID NON - EMERGENCY TRANSPORTATION Agreement No.: Financial Project I.D.: _ F.E.I.D. No.: D.M.S. Catalog CI BY THIS AGREEMENT, made and entered into this day of by and between the Commission for the Transportation Disadvantaged, hereinafter called "Commission" and _ Of Co n duly authorized to conduct business in State the of Florida, hereinafter called "Subcontracted Transportation Provider ", hereby agree as follows: SERVICES AND PERFORMANCE A. In connection with-the delivery of Medicaid Non- Emeraencv Transportation Services the Commission does hereby retain the Subcontracted Transportation Provider to furnish certain services, information, and items as described in all Exhibits and Attachments, attached hereto and made a part hereof. B. All plans, maps, computer files, and /or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, shall become the property of the Commission upon completion or termination without restriction or limitation on their use and shall be made available, upon request, to the Commission at any time during the performance and upon completion or termination of this Agreement. Upon delivery to the Commission of said document(s), the Commission shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Subcontracted Transportation Provider shall not copyright any material and products or patent any invention developed under this Agreement. The Commission shall have the right to visit the site for inspection of the work and the products of the Subcontracted Transportation Provider at any time. C. The Subcontracted Transportation Provider agrees to provide reports in a format acceptable to the Commission and at intervals established by the Commission. The Commission shall be entitled at all times to be advised, at its request, as to the status of work being done by the Subcontracted Transportation Provider and of the details thereof. Coordination shall be maintained by the Subcontracted Transportation Provider with representatives of the Commission, or of other agencies interested in the project on behalf of the Commission. Either party to the Agreement may request and be granted a conference. D. All services shall be performed by the Subcontracted Transportation Provider to the satisfaction of the Commission's Executive Director who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of the Agreement, the prosecution and fulfillment of the services hereunder and the character,-quality, amount of values thereof, and the decision upon all claims, questions and disputes shall be final and binding upon the parties hereto. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable as the work progresses shall be subject to mutual agreement of the parties, and Amendment Agreement(s) of such a nature as required shall be entered into by the parties in accordance herewith. TERM A. INITIAL TERM. This Agreement shall begin on date of execution and shall remain in full force and effect through completion of all services required or ,whichever occurs first. B. RENEWALS: This Agreement may be renewed for a period that may not exceed three (3) years or the term of the original contract, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Commission and subject to the availability of funds. Any renewal or extension shall be in Non - Emergency Medicaid Transportation Form Rev. 10.3'03 Page I of 44 No ai EM OCT 14 2003 Pg. writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. C. EXTENSIONS. In the event that circumstances arise which make performance by the Subcontracted whic Transportation Provider impracticable or impossible within the time extension on orf h s h reeme t n w contract of this being executed, the Commission, in its discretion, may grant Agreement shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this Agreement; provided the Commission may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There shall be only one extension Agreement is due o events e forth completion of this Ag beyond the control of the Subcontracted Transportation Provide It shall be the responsibility of the Subcontracted Transportation Provider to ensure at all times that sufficient time remains in the Project Schedule within which to complete services on the project. In the event there have been delays which would affect the project completion date, the Subcontracted Transportation Provider shall submit a written request to the Commission which identifies the reason(s) for the delay and the amount of time related to each reason. The Commission shall review the request and make a determination as to granting all or part of the requested extension. 3. COMPENSATION AND PAYMENT ipt and approval of hods and services. Bills for fees or other A. Payment shall be made only after rece ll be submitted in detail sufficient for a proper preaudit and postaudit compensation for services or expenses sha thereof g. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Commission's Contract Manager prior to payments. . C. Subcontracted Transportation Provider providing goods and services to the Commission should be aware f tthhe following time frames. Upon receipt, the Commission has five (5) working days to inspect and approve goods and services, unless otherwise specified herein. The Commission has 20, days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured -from the latter of the date the invoice is received or the goods or services are received, inspected and approved. D. If a payment is not available within 40 days, a separate interest penalty as established pursuant to Section 215.422(3)(b), Florida Statutes, shall be due and payable, in addition to the invoice amount, to the Subcontracted Transportation Provider. Invoices which have to be returned to a Subcontracted Transportation Provider because of Subcontracted Transportation Provider preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. E. A vendor ombudsman (Subcontracted Transportation Provider) has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for'vendos (Subcontracted Transportation Providers) who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman (Subcontracted Transportation Provider) may be contacted at (850) 410- 9724 or by calling the Chief Financial Officer's Hotline, 1- 800 - 848 -3792. F. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Commission at all times during the period of this Agreement and for three years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Commission upon request. Records of costs incurred shall include the Subcontracted Transportation Providers general accounting records and the project records, together with supporting documents and records, of the Subcontracted Transportation Provider l subcontractors performing work on the project, a records the Sub ontrctedTra sportation Providerand suubcontra to sonside ednece sary b ythe Commission for a proper audit of project costs. G. The Commission, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Commission shall require a statement from the M Non - Emergency Medicaid Transportation Form Rev. 1013!03 Page 2 of 43 N ` -- OCT 114 2003 comptroller of the Department of Transportation that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 4. INDEMNITY PAYMENT FOR CLAIMS AND INSURANCE A. INDEMNITY: The Subcontracted Transportation Provider shall indemnify and hold harmless the Commission, the Department of Transportation, and the Agency for Health Care Administration, its officers and employees from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Subcontracted Transportation Provider and persons employed or utilized by the Subcontracted Transportation Provider in the performance of this Agreement. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. B. PAYMENT FOR CLAIMS: The Subcontracted Transportation Provider guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Subcontracted Transportation Provider or any subcontractor, in connection with the Agreement. The Commission's final acceptance and payment does not release the Subcontracted Transportation Provider's responsibilities until all such claims are paid or released. C. LIABILITY INSURANCE: The Subcontracted Transportation Provider shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance in accordance with Rule Chapter 41- 2..006, Florida Administrative Code. _ D. WORKERS' COMPENSATION. The Subcontracted Transportation Provider shall also carry and keep in force Workers' Compensation insurance as required for the State of Florida under the Workers' Compensation Law. E. CERTIFICATION. With respect to any insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Subcontracted Transportation Provider shall provide to the Commission certificates showing the required coverage to be in effect and showing the Commission to be an additional certificate holder. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to the Commission. 5. COMPLIANCE WITH LAWS A. The Subcontracted Transportation Provider shall 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 Subcontracted Transportation Provider in conjunction with this Agreement. Failure by the Subcontracted Transportation Provider to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Commission. B. The Subcontracted Transportation Provider agrees that it shall make no statements, press releases, or publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the period of the Agreement, without first notifying the Commission's Contract Manager and securing prior written consent. C. The Subcontracted Transportation Provider shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the performance of work under this Agreement. D. A person or affiliate who has been placed on the convicted Subcontracted Transportation Provider list following a conviction for a public entity crime may not submit a bid on a contract to provide any g _ AG N A iTEM Non - Emergency Medicaid Transportation i•V0. =tlr� -- Form Rev. 101,T03 Page 3 of 44 OCT T i a:vua Pg. _,5 ___ public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Subcontracted Transportation Provider list. E. An entity or affiliate who has been placed on the discriminatory Subcontracted Transportation Provider list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. F. The Commission shall consider the employment by any Subcontracted Transportation Provider of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act. If the Subcontracted Transportation Provider knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 6. TERMINATION AND DEFAULT A. The Commission may cancel this agreement in whole or in part at any time the interest of the Commission requires such termination. The Commission reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. B. If the Commission determines that the performance of the Subcontracted Transportation Provider is not satisfactory, the Commission shall have the option of (a) immediately terminating the Agreement, or (b) notifying the Subcontracted Transportation Provider of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the Commission. C. If the Commission requires termination of the Agreement for reasons other than unsatisfactory performance of the Subcontracted Transportation Provider, the Commission shall notify the Subcontracted Transportation Provider of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the Subcontracted Transportation Provider shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress shall become the property of the Commission and shall be turned over promptly by the Subcontracted Transportation Provider. ASSIGNMENT AND SUBCONTRACTS A. The Subcontracted Transportation Provider shall maintain an adequate and competent staff so as to enable Subcontracted Transportation Provider to timely perform under this Agreement and may associate with it such subcontractors, for the purpose of its services hereunder, without additional cost to the Commission, other than those costs within the limits and terms of this Agreement. The Subcontracted Transportation Provider is fully responsible for satisfactory completion of all subcontracted work. The Subcontracted Transportation Provider, however, shall not sublet, assign or transfer any work under this Agreement to other than subcontractors specified in the proposal, bid and/or Agreement without the prior written consent of the Commission. B. It is expressly understood and agreed that any articles that are the subject of, or required to carry out this Agreement shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Agreement the person, firm, or other business entity (Subcontracted Transportation Provider) carrying out the provisions of this Agreement shall be deemed to be substituted for the Commission insofar as dealings with such qualified nonprofit agency are concerned. Non - Emergency Medicaid Transportation Form Rev. 10/3/03 Page 4 of 44 AGEN171A ITEM No. a - OCT 14 2003 Pg. (�l it is expressly understood and agreed that any articles which are the subject of, or required to carry out this Agreement shall be purchased from the corporation identified under Section 946, Florida Statutes, in the same manner and under the procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for purposes of this Agreement, the person, firm, or other business entity (Subcontracted Transportation Provider) carrying out the provisions of this Agreement shall be deemed to be substituted for this Commission insofar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Available pricing, products, and delivery schedules may be obtained by contacting: PRIDE Enterprises 12425 - 28th Street, North St. Petersburg, FL 33716 -1826 (800)643 -8459 8. CONTRACT AMOUNT AND PAYMENT A. This is a fixed fee contract. The Commission shall pay the Subcontracted Transportation Provider, upon satisfactory completion of all terms and conditions specified in this contract, a total amount that shall not exceed $ . The Subcontracted Transportation Provider will be paid equal payments per month and shall request payment through submission of a properly completed invoice to the Commission Contract Manager or its designee, in accordance with Exhibit C, Method of Compensation. B. The Subcontracted Transportation Provider must submit the final invoice for payment to the Commission no more than ninety (90) days after the Contract ends or is terminated. If the Subcontracted Transportation Provider fails to do so, all right to payment is forfeited and the Commission will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this Contract may be withheld until all reports due from the Subcontracted Transportation Provider and necessary adjustments thereto have been approved by the Commission C. The State of Florida's (Commission's) performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature and a budget amendment approved by the Legislative Budget Commission. D. The Subcontracted Transportation Provider's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature, and nothing herein shall be construed to violate the provisions of Section 339.135(6)(a), Florida Statutes, which provides: E. The Subcontracted Transportation Provider, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation is null and void and no money may be paid on such contract. F. Section 215.422 Florida Statutes, provides that agencies have 5 working days to inspect and approve goods and services, unless bid specifications, Contract or purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Comptroller pursuant to Section 55.03, F. S., will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Commission. Invoices returned to a Subcontracted Transportation Provider due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman, (Subcontracted Transportation Provider) whose duties include acting as an advocate for providers who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 410 -9724 or by calling the State Comptroller's Hotline, 1-800 -848 -3792. 9. MISCELLANEOUS Non - Emergency Medicaid Transportation Form Rev. 10/3!03 Page 5 of 44 FlAG N 71A No � -, OCT 1 2003 Pg. __ �f A. __ The Subcontracted Transportation Provider and its employees, agents, representatives, or subcontractors are not employees of the Commission or the State of Florida as a result of this Agreement. The Commission and the State shall not be bound by any unauthorized acts or conduct of the Subcontracted Transportation Provider or its employees, agents, representatives, or subcontractors. Subcontracted Transportation Provider agrees to include this provision in all its subcontracts under this Agreement. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. D. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. In any legal action related to this Agreement, instituted by either party, the Subcontracted Transportation Provider hereby waives any and all privileges and rights it may have under Chapter 47 and Section 337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those grounded on convenience. Any such legal action may be brought in the appropriate Court in any county chosen by the Commission and in the event that any such legal action is filed by Subcontracted Transportation Provider, Subcontracted Transportation Provider hereby consents to the transfer of venue to the county chosen by the Commission upon the Commission filing a motion requesting the same. G. Time is of the essence as to each and every obligation under this Agreement. H. The following attachments are incorporated and made a part of this agreement: Exhibit A — Additional Provisions Exhibit B — Scope of Services Exhibit C - Method of Compensation Attachment 1 — Covered Services and Eligible Recipients Attachment 2 — Certification Regarding Health Insurance Portability and Accountability Act of 1996 Compliance Attachment 3 — Drug -Free Workplace Certification Attachment 4 — Financial and Compliance Audit Attachment 5 - Glossary IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above. COMMISSION FOR THE TRANSPORTATION Subcontracted Transportation Provider DISADVANTAGED By: By: - -- Authorized Signature (Print/Type) (Print/Type) Title: _ Title: Non - Emergency Medicaid Transportation Form Rev. IWY03 Page 6 of 44 AG�ND 0 C T Pg. 7 - -- EXHIBIT A 2003— 2004 ADDITIONAL PROVISIONS Subcontracted Transportation Provider Service Agreement Medicaid Non - Emergency Transportation This Exhibit forms an integral part of the Contractual Service Agreement, dated by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED and the General Provisions The Subcontracted Transportation Provider agrees to provide services according to the terms and conditions set forth in this Contract, Scope of Services and all other exhibits and /or attachments named herein which are attached hereto and incorporated by reference. The Subcontracted Transportation Provider agrees to recognize 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 The Commission for the Transportation Disadvantaged shall be responsible for management of the Contract. All statewide policy decision- making or Contract interpretation shall be made by the Commission. In addition, the Commission shall be responsible for the interpretation of all federal and state laws, rules and regulations governing or in any way affecting this Contract. Contract management shall be conducted in good faith with the best interest of the state and the recipients it serves being the prime consideration. The Agency for Health Care Administration shall provide final interpretation of general Medicaid policy. When interpretations are required, the Commission shall submit written requests to the Agency. Federal Laws and Regulations If this Contract contains federal funds, the subcontracted transportation provider shall comply with the provisions of 45 CFR, Part 74, and /or 45 CFR, Part 92, and other applicable regulations as specified. If this Contract contains federal funding in excess of $100,000, the subcontracted transportation provider must, upon Contract execution, complete the Certification Regarding Lobbying. if a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the Agency's Contract Manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Commission's Contract Manager. Pursuant to 45 CFR, Part 76, if this Contract contains federal funding in excess of $25,000, the Vendor must, upon Contract execution, complete the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Contracts /Subcontracts. Title 42 Code of Federal Regulations (CFR) Chapter IV, Subchapter C; Title 45 CFR, Part 74, General Grants Administration Requirements; Chapters 409, Florida Statutes; all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970 as amended (42 USC 1857, et seq.); Title VII of the Civil Rights Act of 1964 (42 USC 2000d) in regard to persons served; 42 CFR 431, Subpart F; Section 504 of the Rehabilitation Act of 1973, as amended; 29 USC 794, which prohibits discrimination on the basis of disability in programs and activities receiving or benefiting from federal financial assistance; the Age Discrimination Act of 1975, as amended; 42 USC 6101 et. seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance; the Omnibus Budget Reconciliation Act of 1981, P.L. 97 -35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance; the Medicare- Medicaid Fraud and Abuse Act of 1978; other federal omnibus budget reconciliation acts; the Americans with Disabilities Act (42 USC 12101, et. seq.); the Balanced Budget Act of 1997; 59G4.330 Florida Administrative Code; Chapter 427, Florida Statutes, and Rule Chapter 41 -2, Florida Administrative Code. Audits and Records Books, records, and documents (including electronic storage media) pertinent to performance under this Contract shall be maintained in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the Commission under this Contract. These records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly Non - Emergency Medicaid Transportation AG N IT IM Form Rev. 10'3'03 N0' 1 a Page 7 of 44 OCT 14 2003 Pg. F authorized by the Commission, as well as by federal personnel. All progress, fiscal and inventory reports, and other reports as the Commission may require within the period of this Contract will be maintained and filed with the Commission. All aforementioned audit and record keeping requirements shall be included in all approved subcontracts and assignments. Retention of Records All financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to performance under this Contract must be retained for a period of five (5) years after termination of this Contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. Persons duly authorized by the Commission and federal auditors, pursuant to 45 CFR, Part 74 and/or 45 CFR, Part 92, shall have full access to and the right to exa mine any of said records and documents. The rights of access must not be limited to the required retention period but shall last as long as the records are retained. Monitoring The Subcontracted Transportation Provider shall provide reports as specified. These reports will be used for monitoring progress or performance of the contractual services. The Subcontracted Transportation Provider shall permit persons duly authorized by the Commission to inspect any records, papers, documents, facilities, goods and services of the Subcontracted Transportation Provider which are relevant to this Contract. The Commission may conduct, or have conducted, performance and/or compliance reviews, reviews of specific records or other data as determined by the Commission. The Commission may conduct a review of a sample of beneficiary and other records to verify the quality of the services. Reasonable notice shall be provided for reviews conducted at the Subcontracted Transportation Provider's place of business. Reviews may include, but shall not be limited to, reviews of procedures, computer systems, accounting records, and internal quality control reviews. The Subcontracted Transportation Provider shall work with any reviewing entity selected by the state. The Commission is permitted to monitor and review the transportation operations and services of the Subcontracted Transportation Provider, services that are under agreement with a provider, or subcontracted services that are required to be supplied to Medicaid recipients. This monitoring and review by said entities includes on -site visits and other monitoring methods to assure that the subcontracted providers are complying with the requirements of this Contract. These representatives shall also have access to all financial and statistical reports, supporting documents, and any other documents pertinent to this Agreement. Performance Improvement Plan If the Commission determines that the Subcontracted Transportation Provider is out of compliance with the provisions of this contract, the Commission may issue to the Subcontracted Transportation Provider, via Certified Mail, a request for a performance improvement plan (PIP). The Commission shall provide the Subcontracted Transportation Provider with a time certain that the corrections are to be made. The Subcontracted Transportation Provider must respond to the request within ten (10) workdays by providing a PIP to the Commission. The Commission must approve the plan and submit the signed approval prior to implementation of the PIP. The Commission may suggest changes or request a rewrite of the PIP and provide a specific deadline for the rewrite. If the Subcontracted Transportation Provider does not meet the standards established in the PIP by the time certain, the Subcontracted Transportation Provider will be in violation of the provisions in this contract and is subject to sanctions. Liquidated Damages If the Commission finds the Subcontracted Transportation Provider is in violation of the provisions of this contract, the Commission, at its discretion, may impose one or more of the following sanctions: Payment withholding: Withholding of monthly payments or a portion thereof to the Subcontracted Transportation Provider by the Commission; Liquidated Damages: Imposition of liquidated damages determined by the Commission for violation of the Contract. The liquidated Damages shall not exceed an amount that is more than five (5 %) percent of the total monthly payment to the Subcontracted Transportation Provider; and Termination: pursuant to the Termination Procedures. AG FN A ITE Non - Emergency Medicaid Transportation No' Form Rev. 10/3'03 Page 8 of 44 nn OCT 14 2403 Pg. q Unless the duration of a liquidated damage is specified, it shall remain in,effect until the Commission is satisfied and that has been corrected and is not likely to recur. Indemnification The subcontractors shall save and hold harmless and indemnify the Agency for Health Care Administration, the Commission and the Department of Transportation, against any and all liability, claims, suits, judgments, damages or costs of whatsoever kind and nature resulting from the use, service, operation or performance of work under the terms of this Contract, resulting from any act, or failure to act, by the subcontractor, or any of the employees, agents or representatives of the subcontractor. All subcontracted Transportation Providers shall indemnify, defend, and hold harmless the Commission, the Department of Transportation, and the Agency for Health Care Administration, its officers, agents, and employees from: Any claims or losses to any person or firm injured or damaged by the erroneous, negligent, or willful acts of the subcontractor, its officers, directors, employees, or its subcontractors in the performance of the service agreement; ■ Any claims or losses for service rendered by any subcontractor, person, or firm performing or supplying services in connection with the performance of the service agreement with the Subcontracted Transportation Provider; and Any claims or losses to any person or firm injured or damaged by the subcontracor, its officers, directors, employees, or its subcontractors by the publication, translation, reproduction, delivery, performance, use, or disposition of any data processed under the service agreement with the Subcontracted Transportation Provider in a manner not authorized by the service agreement. Insurance To the extent required by law, the Subcontractor will secure, maintain and comply, during the life of the Contract, Worker's Compensation Insurance for all his employees connected with the work of this project. Such insurance coverage shall comply with the Florida Worker's Compensation law. Subcontracted Transportation Providers shall secure and maintain Commercial General Liability insurance including bodily injury, and A property damage. This insurance will provide coverage for all claims that may arise from the services and /or operations completed under this Contract, whether such services and/or operations are by the Subcontractor or anyone directly, or indirectly employed by him. For services and /or operations that are indirectly employed by the Subcontractor, Commercial General Liability insurance plans shall include a Hold Harmless Agreement in favor of the Agency for Health Care Administration and the Commission for the Transportation Disadvantaged, and also include the State of Florida as an Additional Named Insured for the entire length of the Contract. All insurance policies shall be with insurers licensed or eligible to transact business in the State of Florida. Subcontracted Transportation Providers current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days written notice to the Commission's Contract Manager. Incident Investigation Procedure The Subcontracted Transportation Provider shall have an incident investigation procedure in writing, and shall follow that procedure to respond to and review all incidents. Accident Response and Notification Upon receiving notification from a transportation provider of an accident during the transportation of Medicaid recipients, the Subcontracted Transportation Provider shall notify the Commission Executive Director or designee within twenty four (24) hours or by the beginning of the next business day of the Subcontracted Transportation Provider being notified. This is for all accidents involving personal injury and/or property damage where the damage exceeds one thousand dollars ($1,000.00). A written report of the accident shall be submitted to the Commission within five (5) business days of the occurrence. Assignments and Subcontracts The Subcontracted Transportation Provider is responsible for identifying, recruiting, and negotiating agreements with transportation providers sufficient to meet the needs of Medicaid recipients to include utilization of minibus, public transportation, wheelchair van, Non - Emergency Medicaid Transportation Form Rev. 10:'3.03 Page 9 of 44 A(T 1V0. OCT 14 2003 pg. �� stretcher van, private volunteer transport, over - the -road bus service or where applicable commercial air carrier transport. The - Subcontracted Transportation Provider shall secure sufficient resources (numbers and types of vehicles and drivers) under service agreements so that the failure of any provider to perform will not impede the ability of the Subcontracted Transportation Provider to provide NET services in accordance with the requirements of this Contract. The Subcontracted Transportation Provider may set up service agreements with qualified transportation providers as long as the services provided are equitable in quality and safety as that required of transportation modes. The Subcontracted Transportation Provider is responsible for all work performed under this Contract, but may enter into subcontracts for the performance of work required under this Contract. All subcontracts and amendments executed by the Subcontracted Transportation Provider must be approved, in writing, by the Commission in advance of implementation. All subcontractors must be eligible for participation in the Medicaid program. The Subcontracted Transportation Provider may provide transportation services directly to the extent specifically allowed by Contract with the Commission. The Subcontracted Transportation Provider shall monitor service through Contracts with public, nonprofit agencies, or for - profit companies and individual providers to ensure that they comply with the provisions of this Contract. The Subcontracted Transportation Provider shall also coordinate with other Subcontracted Transportation Providers from other service areas to arrange cross - service area transportation. In all cases. Subcontracted Transportation Provider must ensure the use of the most appropriate service available to meet the recipient's transportation needs. The Subcontracted Transportation Provider is responsible for all contracting and reimbursement to local providers who perform transportation services. The Subcontracted Transportation Provider shall attempt to utilize Minority and Women -owned Business Enterprises (MWBE's) for providing recipient transportation services. The Subcontracted Transportation Provider shall document MWBE utilization and all efforts in encouraging MWBE participation. The Subcontracted Transportation Provider shall submit a MWBE utilization report. The Subcontracted Transportation Provider shall not discriminate with respect to participation, reimbursement, or indemnification as to any provider who is acting within the scope of the provider's license, or certification under applicable state law, solely on the basis of such license, or certification, in accordance with Section 4704 of the Balanced Budget Act of 1997. This paragraph shall not be construed to prohibit a Subcontracted Transportation Provider from including providers only to the extent necessary to meet the needs of the Subcontracted Transportation Provider's enrollees or from establishing any measure designed to maintain quality and control costs consistent with the responsibilities of the organization. The Subcontracted Transportation Provider must not discriminate against particular providers that serve high -risk populations or specialize in conditions that require costly treatment. The Subcontracted Transportation Provider may not employ or contract with providers excluded from participation in Federal health care programs under either section 1 128 or 1 128A of the Social Security Act. If the Subcontracted Transportation Provider declines to include individual or groups of transportation providers when subcontracting for services, it must give the provider written notice of the reason for its decision. To neither assign the responsibility of this Contract to another party nor subcontract for any of the work contemplated under this Contract without prior written approval of the Commission. No such approval by the Commission of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Commission in addition to the total dollar amount agreed upon in this Contract. All such assignments or subcontracts shall be subject to the conditions of this Contract and to any conditions of approval that the Commission shall deem necessary. Regardless of the method or combination of methods used to provide NET service, the Subcontracted Transportation Provider is responsible for management, supervision and monitoring of all transportation provided with funds received through this Contract. The Subcontracted Transportation Provider is prohibited from establishing or maintaining service agreements with transportation providers which have been determined to have committed fraud of a State or federal agency or that have been terminated from the Medicaid program. The Subcontracted Transportation Provider must terminate a service agreement with a transportation provider when substandard performance is identified or when the transportation provider has failed to take satisfactory corrective action within a reasonable time. The Commission reserves the right to direct the Subcontracted Transportation Provider to terminate any service agreement with a transportation provider when the Commission determines it to be in the best interest of the State. No contract which the Subcontracted Transportation Provider enters into with respect to performance under the Contract shall in any way relieve the Subcontracted Transportation Provider of any responsibility for the performance of duties under this Contract. The AGT D iTE Non - Emergency Medicaid Transportation Form Rev. 10.'3/03 Page 10 of 44 OCT { 4 2003 Pg. _ _L..l....._._ Z Subcontracted Transportation Provider shall assure that all tasks related to the subcontract are performed in accordance with the terms of this Contract. The Subcontracted Transportation Provider shall identify in its subcontracts any aspect of service that may be further subcontracted by the subcontractor. Financial Reports and Operating Reports The Subcontracted Transportation Provider shall submit a "Financial and Operating Report", which documents its scheduling and coordination activities, and, if applicable, transportation operations. The report shall be due to the Commission ninety (90) calendar days following the end of each state fiscal year (July 1 -June 30). This report shall include; at a minimum, the following information: total direct cost (manager, staff, salary, rent, etc), profit margin and/or retained earnings, allocation of indirect expenditures (i.e., G & A), and total transportation cost. Civil Rights Requirements/Subcontracted Transportation Provider Assurance The Subcontracted Transportation Provider assures that it will comply with: • Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin. • Section 504 of the Rehabilitation Act of.1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap_ • Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex. • The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age. • Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs. • The Americans with Disabilities Act of 1990, P.L. 101 -336, which prohibits discrimination on the basis of disability and requires reasonable accommodation for persons with disabilities. • All regulations, guidelines, and standards as are now or may be lawfully adopted under the above statutes. The Subcontracted Transportation Provider agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from funds provided through this Contract, and that it is binding upon the Subcontracted Transportation Provider, its successors, transferees, and assignees for the period during which services are provided. The Subcontracted Transportation Provider further assures that all Contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. Sponsorship No person or Subcontracted Transportation Provider may use, in connection with any item constituting an advertisement, solicitation, circular, book, pamphlet or other communication, or a broadcast, telecast, or other production, alone or with other words, letters, symbols or emblems the words "Medicaid," or "Agency for Health Care Administration," except as required in the Standard Contract, unless prior written approval is obtained from the Agency. Specific written authorization from the Agency is required to reproduce, reprint, or distribute any Agency form, application, or publication for a fee. A disclaimer that accompanies the inappropriate use of program or Agency terms does not provide a defense. Each piece of mail or information constitutes a violation As required by Section 286.25, Florida Statutes, if the Subcontracted Transportation Provider is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Contract, it shall, in publicizing, advertising or describing the sponsorship of the program, state: If the sponsorship reference is in written material, the words "State of Florida, AGENCY FOR HEALTH CARE ADMINISTRATION' shall appear in the same size letters or type as the name of the organization. The Agency or Commission shall have unlimited rights to use, disclose, or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Subcontracted Transportation Provider under any contract resulting from this Contract, pursuant to Section 286.25, Florida Statutes Use Of Funds For Lobbying Prohibited The Subcontracted Transportation Provider agrees to comply with the provisions of Section 216.347, Florida Statutes, which prohibits the expenditure of Contract funds for the purpose of lobbying the Legislature, the judicial branch or a state agency. Non - Emergency Medicaid Transportation Form Rev_ 10!3/03 Page I I of 44 A�E, EN! 4TEM j No. OCT 14 2nn p9• �JiR Offer of Gratuities By signing this agreement, the Subcontracted Transportation Provider signifies that no member of or a delegate of Congress, nor any elected or appointed official or employee of the State of Florida, the General Accounting Office, the Department of Health and Human Services, CMS, or any other federal agency has or shall benefit financially or materially from this contract. The Contract may be terminated by the Commission if it is determined that gratuities of any kind were offered to or received by any officials or employees from the offeror, his agent, or employees. Health Insurance Portability and Accountability Act (HIPAA) The Subcontracted Transportation Provider agrees to comply with the Department of Health and Human Services Privacy Regulations in the Code of Federal Regulations, Title 45, Sections 160 and 164, regarding disclosure of protected health information. Confidentiality of Information The Subcontracted Transportation Provider agrees to not use or disclose any confidential information, including social security numbers that may be supplied under this Contract pursuant to law, and also including the identity or identifying information concerning a Medicaid recipient or services under this Contract for any purpose not in conformity with state and federal laws, except upon written consent of the recipient, or his/her guardian. Employment and Personnel The Subcontracted Transportation Provider agrees to comply with Section 274A (e) of the Immigration and Nationality Act. The Commission shall consider the employment by any Subcontracted Transportation Provider of unauthorized aliens a violation of this Act. If the Subcontracted Transportation Provider knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Contract_ The Subcontracted Transportation Provider shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Contract. The Subcontracted Transportation Provider is an independent Contractor and is not an employee or agent of Florida Medicaid. An independent Contractor performs services for Medicaid under Contract of a skilled nature or unique kind and works with minimal or no supervision from Medicaid staff. The Subcontracted Transportation Provider shall: • Be responsible for the work performed by their employees and transportation providers as described in this Contract and other referenced documents; ■ Be solely responsible for payment to all Subcontracted Transportation Provider's employees' for wages, benefits, and all consideration or reimbursement to Subcontracted Transportation Provider's transportation providers; • Comply with the requirements of employer liability, worker's compensation, unemployment insurance, social security, and any other state and local taxes applicable to the Subcontracted Transportation Provider, the Subcontracted Transportation Provider's employees and transportation providers; ■ Be responsible to remove the Call Taker or Scheduler from serving recipients if the Subcontracted Transportation Provider receives complaints regarding a particular Call Taker or Scheduler, and it is determined that the employee is not handling calls or scheduling trips in accordance with the performance standards stated in the Contract and a corrective action plan, in accordance with the Subcontracted Transportation Provider's personnel policies and procedures, has not resulted in improved performance; ■ Have personnel policies that conform to all local, state and federal laws. The Subcontracted Transportation Provider shall maintain at all times a current list of personnel assigned to the Contract with the Commission. The Commission and the Agency for Health Care Administration retains the right to review the Subcontracted Transportation Provider's personnel policies and list of personnel assigned to the Contract with the Commission. Extended Claims Payment Transportation providers currently enrolled in Medicaid and providing transportation services to eligible Medicaid recipients may continue to submit claims for services provided prior to this Contract for fifteen (15) calendar days from the date of contract execution but no later than October 15, 2003. The Medicaid fiscal agent will continue to process such claims with dates of service prior to October 15, 2003 and reimburse for up to twelve (12) months from the date of the signing of this Contract AGENDA ITEMt. Non - Emergency Medicaid Transportation Form Rev. 10.'3/03 Page 12 of 44 OCT 14 2003 1'9• R Subcontracted Transportation Provider Obligations Non - emergency transportation services are mandatory Medicaid services that may not be restricted due to inadequate funding_ Through this contract, the Subcontracted Transportation Provider accepts responsibility to provide or coordinate delivery of all non - emergency transportation services within the existing funds of this contract. In the event transportation costs are less than the amount allotted, the Subcontracted Transportation Provider will maintain the surplus to cover future Transportation Costs that exceed the amount allotted. In the event transportation costs are greater than the amount allotted, any retained surplus may be used to cover the actual costs for services. If sufficient surplus is not available, the Subcontracted Transportation Provider will continue to provide or coordinate delivery of all non - emergency transportation services through its own funds. Medicaid payment is considered payment in full for the transportation service rendered to the Medicaid recipient. The Subcontracted Transportation Provider shall not bill recipients for the service provided pursuant to this Contract. The Subcontracted Transportation Provider may only charge a copayment for utilization of transportation services by Medicaid recipients. The Subcontracted Transportation Providers shall not charge other government entities, federal, state, or local, for transportation services paid for by the Commission. Payment shall be made in accordance with 215.422, Florida Statutes with approval of services being made within five (5) workdays of receipt of undisputed invoice from the Subcontracted Transportation Provider by the Commission. . The Subcontracted Transportation Providers shall remit amounts due to transportation providers no later than seven (7) workdays after receipt of the monthly payment from the Commission for direct transportation services. Subcontracted Transportation Providers shall not discontinue, deny, or reduce the quality or quantity of the services being provided to Medicaid recipients solely based on financial or administrative circumstances. Subcontractor Transportation Providers may decide to collect a copayment of no more than S 1.00 per each one -way trip. The Subcontracted Transportation Provider is expected to prepare : arefully, all reports and monthly payment requests for submission to the Commission. If after preparation and electronic submission, an error is discovered either by the Subcontracted Transportation Provider or the Commission, the Subcontracted Transportation Provider has thirty (30) calendar days from its discovery of the error, or thirty (30) calendar days after receipt of notice by the Commission, to correct the error and re- submit accurate reports and/or invoices. Failure to respond within the thirty (30) calendar day period may result in a loss of any money due the Subcontracted Transportation Provider for such errors. Termination Termination at Will - This Contract may be terminated by either party upon no less than thirty (30) calendar days written notice, without cause, unless a lesser time is mutually agreed upon by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Termination Due To Lack of Funds - In the event funds to finance this Contract become unavailable, the Commission may terminate the Contract upon no less than twenty -four (24) hours written notice to the Subcontracted Transportation Provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds. Termination for Breach - Unless the Subcontracted Transportation Provider's breach is waived by the Commission, in writing, the Commission may, by written notice to the Subcontracted Transportation Provider, terminate this Contract upon no less than twenty- four (24) hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the Commission may employ the default provisions in Chapter 60A- 1.006(4), Florida Administrative Code. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. The provisions herein do not limit the Commission's right to remedies at law or to damages. Termination Procedures Non - Emergency Medicaid Transportation Form Rev. 10.3!03 Page 13 of 44 A EN A ITEM No. OCT 14 2003 The party initiating the termination shall render written notice of termination to the other party by certified mail, return receipt requested, or in person with proof of delivery, or by facsimile letter followed by certified mail, return receipt requested. The notice of termination shall specify the nature of termination, the extent to which performance of work under the Contract is terminated, and the date on which such termination shall become effective. In accordance with 1932(e)(4), Social Security Act, the Commission shall provide the Subcontracted Transportation Provider with an opportunity for a hearing prior to termination for cause. Upon receipt of final notice of termination, on the date and to the extent specified in the notice of termination, the Subcontracted Transportation Provider shall: ■ Stop work under the Contract, but not before the termination date. ■ Assign to the state those subcontracts as directed by the Commission's Contracting officer including all the rights, title and interest of the Subcontracted Transportation Provider for performance of those subcontracts. ■ In the event the Commission has terminated this Contract in one or more areas of the state, complete the performance of this Contract in all other areas in which the Subcontracted Transportation Provider has not been terminated. • Take such action as may be necessary, or as the Commission's Contracting officer may direct, for the protection of property related to the Contract which is in the possession of the Subcontracted Transportation Provider and in which the Commission has been granted or may acquire an interest. • Not accept any payment after the Contract ends unless the payment is for the time period covered under the Contract. Any payments due under the terms of this Contract may be withheld until the Commission receives from the Subcontracted Transportation Provider all written and properly executed documents as required by the written instructions of the Commission. ■ At least thirty (30) calendar days prior to the termination effective date, provide written notification to all members of the following information: the date on which the Subcontracted Transportation Provider will no longer participate in the State's Medicaid program. and instructions on contacting the Commission's services help line to obtain information on members' options. Waiver No covenant, condition, duty, obligation, or undertaking contained in or made a part of the Contract may be waived except by the written agreement of the parties, and a forbearance or indulgence in any other form or manner by either party in any regard whatsoever shall not constitute a waiver of the covenant, condition, duty, obligation, or undertaking to be kept, performed, or discharged by the party to which the same may apply. Severability of Provisions If any provision of this Contract is declared or found to be illegal, unenforceable, or void, then both the Subcontracted Transportation Provider or and the Commission shall be relieved of all obligations arising under such provision. If the remainder of the Contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully enforceable. However, the Commission shall reduce the amount of the Contract accordingly Renegotiation or Modification Modifications of provisions of this Contract shall only be valid when they have been reduced to writing and duly signed during the term of the Contract. The parties agree to renegotiate this Contract if federal and /or state revisions of any applicable laws, or regulations make changes in this Contract necessary. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the Commission's operating budget. Attorney's Fees In the event of a dispute, each party to the Contract shall be responsible for its own attorneys' fees except as otherwise provided by law. Legal Action Notification Non - Emergency Medicaid Transportation Form Rey. 10/3'03 Page 14 of 44 AGEiND�A ITEM Flo. t L`� OCT 14 2003 Pg. l 5 Whenever under the Contract one party is required to give notice to the other, such notice shall be deemed given upon delivery if delivered by hand, or three (3) days after posting if sent by registered or certified mail, return receipt requested. Notices shall be addressed by each party to the respective Contract Manager of the other party. Contract Variation If any provision of the Contract (including items incorporated by reference) is declared or found to be illegal, unenforceable, or void, then both the Commission and the Subcontracted Transportation Provider shall be relieved of all obligations arising under such provisions. If the remainder of the Contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed. In addition, if the laws or regulations governing this Contract should be amended or judicially interpreted as to render the fulfillment of the Contract impossible or economically infeasible, both the Commission and the Subcontracted Transportation Provider shall be discharged from further obligations created under the terms of the Contract. However, such declaration or finding shall not affect any rights or obligations of either party to the extent that such rights or obligations arise from acts performed or events occurring prior to the effective date of such declaration or finding. Court of Jurisdiction or Venue The Contract shall be construed according to the laws of the state of Florida. Any legal proceedings against the state relating to or arising out of this Contract or any resultant Contract or Contractual relation shall be brought in the state of Florida administrative or judicial forums. Venue shall be in Leon County; Florida. Disputes Any dispute concerning performance of the Contract shall be resolved by the Commission's Contract Manager, who shall reduce the decision to writing and serve a copy to the Subcontracted Transportation Provider. The decision of the Commission's Contract Manager shall be final and conclusive. Jurisdiction for any dispute shall lie in circuit court with venue in Leon County, Florida. In any such review, the Subcontracted Transportation Provider shall have the burden to prove the decision of the Contract Manager to be incorrect. Pending final determination of any dispute, the Subcontracted Transportation Provider shall proceed diligently with performance of the Contract and in accordance with the direction of the Commission's Contract Manager. Force Majeure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, civil or military authority, acts of war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation to the extent such events are beyond the reasonable control of the party claiming excuse from liability resulting there from. Non- Emergency Medicaid Transportation Form Rev. 10,'3103 Page 15 of 44 AGEND ITEN1 iVO._ I � C OCT 14 2003 °g. _ LO- EXHIBIT B 2003 —2004 SCOPE OF SERVICES Subcontracted Transportation Provider Service Agreement Medicaid Non - Emergency Transportation This Exhibit forms an integral part of the Contractual Service Agreement, dated FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED and the by and between the STATE OF Provider Enrollment/Dis- enrollment Subcontracted Transportation Providers must be enrolled with the Florida Medicaid program with active provider identification numbers. A subcontracted Transportation provider who is dis -enrolled from the Medicaid system, refuses to provide transportation for Medicaid recipients, is incapable of serving in any fashion, or in the event that a given service area has no transportation providers of which to contract for services, will be subject to breach of this agreement Recipient Access The recipient must contact the Subcontracted Transportation Provider with jurisdiction over the recipient's area of residence to request NET services three (3) workdays or more prior to a non - urgent, scheduled appointment. The three (3) days or more advance scheduling includes the day of the call but not the day of the appointment. Advance scheduling will be mandatory for all NET services except urgent care and follow -up appointments when the timeframe does not allow advance scheduling. The Subcontracted Transportation Providers shall be responsible to provide same -day transportation services when the recipient has no other available means of transportation and requests services for urgent care. Valid requests for urgent care transport shall be acknowledged for scheduling within three (3) hours of the time the request is made. Urgent care, for the purpose of this Contract, is defined as an unscheduled episodic situation, in which there is no immediate threat to life or limb, but the recipient must be seen on the day of the request and treatment cannot be delayed until the next day. A hospital discharge shall -e considered as urgent care. The Subcontracted Transportation Provider may verify with the direct provider of service that the need for urgent care exists. The Subcontracted Transportation Provider must obtain from the recipient, or an individual or entity acting on behalf of the recipient, sufficient information to allow a decision regarding the recipient's need for NET services. This determination must take into consideration the recipient's ability to provide for his or her transportation outside of the NET program, as well as the recipient's needed level of transportation. The Subcontracted Transportation Provider shall: ■ Respond to transportation inquiries and requests made by recipients residing in the service area ■ Maintain a business location in the service area or assign a representative whose responsibility is the service area; ■ Provide interpreter service in areas where twenty (20) percent or more of the population is non - English speaking during interactions with the Call Center; ■ Provide notification to recipients of a make oral interpretation services available to potential recipients and recipients, free of charge, for all non - English languages, not just those that the State identifies as prevalent. The recipient is not to be charged for interpretation services. The Subcontracted Transportation Provider shall notify its enrollees that oral interpretation is available for any language and written information is available in prevalent languages, and how to access those services. ■ Ensure that written material is available in alternative formats and in an appropriate manner that takes tinto consideration the special needs of those who, for example, are visually limited or have limited reading proficiency. All recipients and potential recipients must be informed that information is available in alternative format and how to access those formats. ■ Develop written procedures for dealing successfully with recipient complaints internally; ■ Train customer service representatives in the area of dispute resolution; Non - Emergency Medicaid Transponation Form Rev. 1013103 Page 16 of 44 Ae ND STEM 'No. 0 C T 14 2003 Pg. l I • Establish and maintain an electronic mail (e -mail) identity; • W Establish one of the following: o A recipient ombudsperson position; or o Trained staff whose responsibility is resolving recipient complaints. • Maintain a toll -free telephone access for scheduling medical transportation specified as follows: Monday through Friday, eight (8) hours a day except ten (10) state holidays: New Year's Day, Martin Luther King's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the Friday following, and Christmas Day. • Submit to the Commission thirty (30) days written notice of any other intended days of closure. The Commission shall deny any request given within ten (10) calendar days of the intended closure data. • Provide twenty -four (24) hour toll -free access to provide information on how to access transportation for urgent care on holidays, weekends, and after business hours. • Accept trip requests by telephone, facsimile transmission, and through electronic mail when submitted no less than seventy- two (72) hours in advance and no more than fourteen (14) days prior to the requested date of service. • Provide adequate staff and telephone lines to allow ninety (90 %) percent of all incoming calls, including TTY calls, to be answered within an average of three (3) minutes. A phone answering machine or electronic voice mail may be used when offered as an option; however, recipients shall be given the option of staying in queue or reaching a staff person. • Maintain an average queue time for a hearing - impaired system such as Florida Tele -Relay Services or TTY calls shall not exceed three (3) minutes. • Conduct data studies as requested by the Agency for Health Care Administration or the Commission. These studies shall include, at a minimum: o The number of calls completed; o The amount of time a recipient has to wait on hold or in queue before being reaching by a staff person; and o The amount of time, in excess of one (1) hour, per incident that the telephone system is inoperable. • Provide staff to operate the hearing- impaired system such as the Florida Tele -Relay Services or TTY equipment to ensure service levels similar to non - hearing impaired recipients is met. Recipient Intake Worksheet The Subcontracted Transportation Provider must complete an intake worksheet at the time of contact for each request made by the recipient Determination of Eligibility: Name and address; Medicaid number; and Telephone number, if available. Availability of suitable mode or transportation to other community locations: Availability of friend or relative with vehicle; and Ownership of a vehicle or previous transportation arrangements. Necessity of trip: Point of origin and destination; Medical necessity of the trip; Identification of a Medicaid reimbursable service; and Identification of provider to be visited and available telephone. Availability of federally funded or public transportation: Non - Emergency Medicaid Transportation Form Rev. 10.'3/03 Page 17 of 44 A .N ITEM# � No. OCT 14 2003 Ps, �S Distance from scheduled stops; Age and disabilities of recipient; Any physical and/or mental impairments which would preclude use of public transportation; Alternative funding to pay for transportation; and Previous use. Special needs: Mode of transportation needed; Services needed in route; and Need for an escort or attendants. Results of Interview: Transportation approved or denied; Mode of transportation if approved; and Date or dates of service. Eligibility Screening The Subcontracted Transportation Provider shall: Review and document recipient eligibility to receive transportation services provided by this Contract. The Subcontracted Transportation Provider shall deny services to ineligible individuals. Review that the individual is currently eligible for services by relying upon the eligibility information supplied by one of the following: ■ Presentation of a valid medical card (Medicaid Gold Card) when smart card systems are in place and set to read the Medicaid Gold Card and capable of obtaining recipient eligibility information; • Verification from eligibility files supplied by the Agency; • Documentation from any authorized Agency representative; • Documentation from a Medicaid Eligibility Verification System (MEVS) vendor; or • Documentation by FAXBACK with the Medicaid fiscal agent. Regularly verify that the recipient meets a needs test for transportation services. This is best done in the form of a "database script" which guides the process as an integral part of receiving a call from the recipient. The needs test shall include: • Verification from the requesting recipient that they have no other available means of transportation to medical services; • That the transportation is not covered by other programs or funding; ■ That requested transportation is to the nearest Medicaid provider of covered services unless otherwise exempted or dictated by Medicaid rules or policy ■ That transportation shall be authorized and provided to and from a service destination identified and covered by the Agency. Subcontracted Transportation Providers shall receive instruction and ongoing training on specific programs and covered services by the Agency through the Medicaid Area Office staff; • That volunteers, recipient reimbursement, or gas vouchers are utilized where appropriate to administer Private Volunteer Transportation. When reimbursement or gas vouchers are utilized, the Subcontracted Transportation Provider shall have on record: the driver's license, current vehicle registration and obtain documentation of, or proof of, insurance of the vehicle provider. When documentation of the above - listed information is accepted in lieu of copies of the documents, the Subcontracted Transportation Provider shall obtain copies of these documents as soon as practicable; and ■ That requested transportation is necessary to the destination and to return from services as authorized under this Contract. Non- Emergency Medicaid Transportation Form Rev. 10/3/03 Page 18 of 44 AGEN ITEM 1,110 1 OCT 14 2003 P9. I Ci Except for the information contained on the Medicaid eligibility certification, the Subcontracted Transportation Provider shall accept the information provided verbally by the recipient, or person speaking on behalf of the recipient, as v alid when determining or predetermining the need for NET services unless the Subcontracted Transportation Provider has cause to doubt the validity of information provided. If the Subcontracted Transportation Provider has cause to doubt the validity of the information provided by or on behalf of the recipient, the Subcontracted Transportation Provider may require documentation of that information as a condition of providing transportation. Summary of Recipient NET Application Process . The Subcontracted Transportation Provider shall structure the determination of need for service process to meet the following basic requirements: A transportation service may not be provided until: • The recipient's eligibility has been verified; • The recipient has declared that he or she is a current resident of the Subcontracted Transportation Provider's region; • The recipient's Medicaid ID number and address have been recorded for reporting purposes; • The recipient has declared that he or she needs non - emergency transportation; • The recipient has been determined to have a valid service need; • The recipient intake worksheet has been completed; • The trip is determined to be within the service locality, or that the needed medical service is not available in the locality; • The transportation mode is the most cost -effective possible. The Subcontracted Transportation Provider shall advise the recipient that: ■ The recipient, under penalty of law, shall provide accurate and complete information to determine need for NET services; ■ When requested, the recipient must provide, as a condition for receiving service and being determined eligible for the service, information related to the need for services; a It is the recipient's responsibility to call and cancel an appointment at least 24 hours in advance; and ■ Only transportation to or from a health care service provider for a Medicaid covered service is allowable. Transportation Standards The Subcontracted Transportation Provider shall: Arrange for the most appropriate, lowest cost transportation services available to recipients who reside in the service area specified by Contract; Ensure that services available to recipients are comparable to the transportation services that the general public would receive in the same locale as the recipient. Provide an average waiting time for a scheduled pickup going to an appointment should not exceed sixty (60) minutes. A recipient shall not arrive more than sixty (60) minutes prior to appointments unless this is done at the recipient's request. Provide an average waiting time for a scheduled return trip, after an appointment that shall not exceed sixty (60) minutes. Provide will -call trips. Will -call trips are not held to the standards lis ted above. Recipients choosing will -call services shall be directly notified by the Subcontracted Transportation Provider of the possibility of significantly longer wait times. Will -call trips, being immediate in nature, may result in the availability of fewer resources. Provide Multi -load trips. In multi -load situations, every effort will be made by the Subcontracted Transportation Provider to ensure recipients do not remain in the vehicle for more than forty-five (45) minutes longer than the average travel time for direct transport from the point of pick -up to the destination. Exceptions. Exceptions to the above times may be made for trips with pick -up or destinations outside the local service area. These exceptions shall be documented. Exceptions may also be made due to unusual situations such as exceptional distances in rural areas or other situations beyond the control of the Subcontracted Transportation Provider. A - ENDA ITEM Non - Emergency Medicaid Transportation 0,� Form Rev. 1013/03 Page 19 of 44 OCT 14 2003 P9• If a delay occurs in the course of picking up scheduled riders, the Subcontracted Transportation Provider shall require the provider to notify the Subcontracted Transportation Provider and the recipient of the delay, the alternative schedule, and of any alternate pick -up arrangements. During periods of inclement weather conditions, the Subcontracted Transportation Provider shall: • Have written procedures in place for inclement weather conditions; and • Coordinate with Emergency Preparedness Agencies to ensure access to urgent care. Appropriate Level of Transportation The Subcontracted Transportation Provider shall refer emergency calls to 911, or an ambulance, as necessary. Appropriate levels of transportation consist of the following: Emergencies. Emergency transportation is not part of the Subcontracted Transportation Provider's duties; however, the Subcontracted Transportation Provider shall ensure that recipients in an emergency are directed to the appropriate emergency resources. The Subcontracted Transportation Provider shall maintain a local referral source with whom to discuss emergency situations. The Subcontracted Transportation Provider shall know appropriate local emergency transportation systems to refer recipients to. Selection of Mode: Mobility Assessment. The Subcontracted Transportation Provider shall use the most cost effective (lowest cost appropriate) available transportation and shall document reasons for not using the lowest cost provider or services in the assigned service area. Distance To Bus Stop Guidelines. The distance a recipient is expected to walk to a bus stop is three - fourths (3/4) of a mile. Exceptions to this policy may be made, at the discretion of the Subcontracted Transportation provider. A recipient requesting an exception to policy may be asked to fill out an ADA certification form to verify the recipients mobility limitations. The Subcontracted Transportation Provider may also require documentation by the recipient's physician. Disproportionate Assignments. The Subcontracted Transportation Provider shall document reasons for disproportionate provider assignments when disproportionate assignments are not justified on the basis of cost, or appropriateness, or availability of equipment. This documentation is especially important when the Subcontracted Transportation Provider is also the main provider of transportation for a given service area. Development of Resources. The Subcontracted Transportation Provider shall document all efforts to develop alternative resources to meet recipient need in the most cost - effective manner (i.e., the lowest cost appropriate). When determining the most appropriate mode of transportation for a recipient, a basic consideration must be the recipient's current level of mobility and functional independence. Modes other than public transportation must be used when the recipient: Is able to travel independently but, due to a permanent or temporary debilitating physical or mental condition, cannot use the mass transit system; or ■ Is traveling to and from a location that is inaccessible by mass transit (accessibility is not within 3/4 mile of scheduled stop). The Subcontracted Transportation Provider shall determine the most appropriate mode of transportation needed by the recipient based on information provided by the recipient. Criteria for Wheelchair or NET Stretcher Services - Services other than minibus or public transportation may be required when one of the following conditions is present: • The recipient has a disabling physical condition which requires the use of a wheelchair, walker, cane, crutches or brace and is unable to use a minibus, commercial taxi or public transportation; ■ An ambulatory recipient requires radiation therapy, chemotherapy or dialysis treatment, which results Non - Emergency Medicaid Transportation Form Rev. 10/3103 Page 20 of 44 in a disabling physical A ITEM 0 C T 14 2003 Pg. <� � condition after treatment, causing the recipient to be unable to access transportation without physical assistance; •. The recipient is unable to ambulate without personal assistance of the driver in entering or exiting the recipient's residence and medical facility; orthe recipient has a severe, debilitating weakness or has a mental disability as a result of illness or health care treatment and requires personal assistance. Subcontracted transportation providers are not precluded from using more intensive modes of transportation if such use is determined to be appropriate. Wheelchair and Stretcher van services are considered intensive transportation modes due to a higher level of transportation provided to accommodate the recipient's need based on the recipient's specific limitation. One of the above limiting conditions must exist before transportation modes other than minibus or public transportation are considered; however, the existence of a limiting condition does not necessarily mean that a more intensive mode of transportation is required. While the above conditions may demonstrate the possible need for wheelchair or stretcher services, the functional ability and independence of the Medicaid recipient should also ire considered in determining the mode of transportation required. The key to the use of more intensive modes of NET services is that such services be adequate to meet the health needs of the individual. Nursing Home and Mental Health Facility NET Services The Subcontracted Transportation Provider must allow nursing homes and mental health facilities to arrange and schedule transportation for recipients residing in their facility directly without a formalized contract with the subcontracted transportation provider for the facility's place of business. At a minimum, nursing home and mental health facilities shall be allowed to: ■ Provide transportation to residence through vehicles owned and operated at the nursing home or mental health facility after determining that the most appropriate mode of transportation can be provided by such vehicles in- house; and • Contact the Subcontracted Transportation Provider to arrange for transportation services on behalf of the recipient residing in the facility if the nursing home or mental health facility is unable to provide the most appropriate mode of transportation. Service Area The Subcontracted Transportation Provider's services shall be available to all recipients in its service area. The Subcontracted Transportation Provider may provide service to residents of other service areas in response to requests of the Subcontracted Transportation Provider responsible for those service areas. Other service areas include: • Medical facilities or services available in other communities or contiguous areas that are not available in the recipient's service area, but are routinely used by residents of the service area who need medical care not provided within their service area; and • Medical facilities or services outside the service area that are closer to the recipient's residence than the same type of services within their service area. • The Subcontracted Transportation Provider shall maintain primary responsibility to arrange destination and return trips outside its Contracted service area when required services are not available within the Contracted service area, but are within the state or designated border areas. No-Show Recipient Education If a recipient fails to provide a cancellation notice to the appropriate Subcontracted Transportation Provider at least 24 -hours in advance of a scheduled trip, an expense is incurred due to a vehicle being dispatched, and the recipient is not available or has decided not to be transported, then the recipient is classified as a "no- show ". Additionally, cancellations at the door will be considered a "no- show." All no -show recipients must be reported by the Subcontracted Transportation Provider on a weekly basis to the Commission and the Medicaid Area Office in the area in which the recipient resides. The weekly no -show recipient report shall include the recipient's name, phone number, date and time scheduled for transport, trip destination, and expenses incurred due to no -show. The Medicaid Area Office will contact the recipients and counsel them on proper usage of NET services and provide technical assistance. The Medicaid Area Offices shall track the recipients reported as no -shows and keep record of the technical assistance provided. If the no -show recipient provides acceptable, verifiable evidence to the Subcontracted Transportation Provider that the no -show was due to unforeseen and unavoidable circumstances, the missed trip will not be counted as a no -show unless such evidence does not prove the recipient was unable to meet the scheduled pick -up time due to unforeseen and unavoidable circumstances. Non - Emergency Medicaid Transportation Form Rev. 10/3/03 Page 21 of 44 AGENDA ITEM 0 C T 14 2003 + pg.. ;�, Medicaid recipients may only be removed from the non - emergency transportation program by the Agency. Denial of Service The Subcontracted Transportation Provider may deny a trip or immediately discontinue a trip for any recipient who: • Refuses to cooperate in determining the status of Medicaid eligibility; • Refuses to provide the documentation requested to determine need for NET services; • is found to be ineligible for NET services on the basis of the documented information that cannot be otherwise confirmed; • Exhibits uncooperative behavior or misuses /abuses NET services; • Is not ready to board NET transport five (5) minutes after the scheduled pick up time or has shown a pattern or history of not showing up; or Fails to request a reservation three (3) days or more in advance of appointment without good cause. "Good cause" is created by factors such as, but not limited to, any of the following: • Urgent care; • Post - surgical and/or medical follow -up care specified by a health care provider to occur in fewer than three days; • Imminent availability of an appointment with a specialist when the next available appointment would require a delay of two weeks or more; or • The result of administrative or technical delay caused by the Subcontracted Transportation Provider and required that an appointment be rescheduled. Recipient Appeals Notice When the Subcontracted Transportation Provider intends on denying transportation services to a recipient, the Subcontracted Transportation Provider is responsible for informing the recipient of his/her right to appeal by sending, by mail, an initial decision letter outlining the reason the Subcontracted Transportation Provider intends on denying transportation services. Once the recipient receives the initial decision notice, the recipient has a maximum of thirty (30) calendar days to notify the Subcontracted Transportation Provider by phone, fax, or mail of the recipient's request for review. Once the Subcontracted Transportation Provider is notified of the recipient's request for review, the Subcontracted Transportation Provider must work with the Subcontracted Transportation Provider's advisory board for that geographical area to handle the review of the recipient's appeal. Recipient transportation cannot be limited or suspended during the review period in excess of the specific trip appeal being reviewed. Recipients must be allowed to schedule and receive transportation services throughout the appeal process. The Subcontracted Transportation Provider's advisory board must then make a final decision based on the information received from the recipient. If the decision is to reinstate the recipient's ability to be transported for the specific trip under review, the recipient must be notified by mail within five (5) workdays of the decision. If the decision is to deny transportation services, the Subcontracted Transportation Provider must issue, by mail no more than five (5) workdays, a final decision letter to the recipient with information on filing formal appeals. Fair Hearing Requirements The Medicaid fair hearing policy and process is detailed in Rule 65- 2.042, F.A.C. The Subcontracted Transportation Provider's grievance system policy and appeal and grievance processes shall state that the recipient has the right to request a Medicaid fair hearing in addition to pursuing the Subcontracted Transportation Provider's grievance process. A representative acting on behalf of the recipient and with the recipient's written consent may request a Medicaid fair hearing. Parties to the Medicaid fair hearing include the Subcontracted Transportation Provider, as well as the recipient and his or her representative or the representative of a deceased recipient's estate. Request Requirements The recipient or it's representative may request a Medicaid fair hearing within 90 days of the date of the notice of action. The recipient or it's representative may request a Medicaid fair hearing by contacting DCF at the Office of Public Assistance Appeals Hearings, 1317 Non - Emergency Medicaid Transportation Form Rev. 10'3/03 Page 22 of 44 AGEND,, sT OiA NO I OCT 14 2003 Yg. Winewood Boulevard, Building 1, Room 309, Tallahassee, Florida 32399 -0700. General Plan Duties The Subcontracted Transportation Provider must: ■ Continue the recipient's benefits while Medicaid fair hearing is pending if The Medicaid fair hearing is filed timely, meaning on or before the later of the following: • Within 10 days of the date on the notice of action (Add 5 days if the notice is sent via U.S. mail). o The intended effective date of the proposed action. o The Medicaid fair hearing involves the termination, suspension, or reduction of a previously authorized course of treatment; o The services were ordered by an authorized provider; o The authorization period has not expired; and o The recipient requests extension of benefits. ■ Ensure that punitive action is not taken against a representative who requests a Medicaid fair hearing on the recipient's behalf or supports an recipient's request for a Medicaid fair hearing. If the Subcontracted Transportation Provider continues or reinstates recipient benefits while the Medicaid fair hearing is pending, the benefits must be continued until one of following occurs: o The recipient withdraws the request for Medicaid fair hearing. 0 10 days pass from the date of the Subcontracted Transportation Provider's adverse decision and the recipient has not requested a Medicaid fair hearing with continuation of benefits until a Medicaid fair hearing decision is reached. (Add 5 days if the notice is sent via U.S. mail.) o A Medicaid fair hearing decision adverse to the recipient is made. o The authorization expires or authorized service limits are met. The Subcontracted Transportation Provider must authorize or provide the disputed services promptly, and as expeditiously as the recipient's health condition requires,,if the services were not furnished while the Medicaid fair hearing was pending and the Medicaid fair hearing officer reverses a decision to deny, limit, or delay services. The Subcontracted Transportation Provider must pay for disputed services, in accordance with State policy and regulations, if the services were furnished while the Medicaid fair hearing was pending and the Medicaid fair hearing officer reverses a decision to deny, limit, or delay services. Complaint Resolution The Commission maintains a toll -free helpline for receiving recipient complaints. Unless the complaintant requests otherwise, the Commission shall ensure that the recipient has followed the Subcontracted Transportation Provider's local complaint process if the helphne is unable to resolve a recipient's complaint, the complaint will be sent to the Subcontracted Transportation Provider's advisory board to be heard. Within thirty (30) calendar days of the Subcontracted Transportation Provider's advisory board meeting of a recipient complaint, the Subcontracted Transportation Provider shall provide the Commission with possible measures to resolve the complaint. If the recipient's complaint remains unresolved, the complaint may be heard by the Commission's ombudsman program. The Commission has established an ombudsman program to serve as a regulatory body for the voicing of complaints by recipients. If the complaint is not resolved through the Ombudsman program, the recipient must be informed of his/her right to file a formal grievance with the Office of Administrative Appeals or other legal venues appropriate to the specific nature of the complaint Non - Emergency Medicaid Transportation Form Rev. 10/3/03 Page 23 of 44 AGEND4 ITEM Lc-.- OCT 14 2003 Pg.�L Activity Documentation Daily Activity. The Subcontracted Transportation Provider shall: • Maintain recipient eligibility data. Eligibility data shall be provided to the Subcontracted Transportation Provider by MEVS, FAXBACK, the Medicaid Area Offices, or a designated entity or delegate with authority to provide eligibility information. The Subcontracted Transportation Provider shall use this data to confirm eligibility of persons requesting or receiving transportation services. • Protect the confidentiality of the recipient's records. • Make documentation available for audit purposes. • Maintain back -up copies of the above records. • Maintain encounter data for each one -way trip provided as specified below: o Medicaid area office serving the recipients service area; o Provider's Medicaid Identification (ID) number; o Date the service was provided in month, day, year format: MM /DD/YY; o Recipient's last name, first name, and middle initial exactly as it appears on the gold, plastic Medicaid ID Card or other proof of eligibility; o Name of the person who is requesting the transportation; o Recipient's 10 -digit Medicaid ID Number. Do not provide the number on the Medicaid ID card. This is a card control number, not the recipient's Medicaid ID number; o Recipient's sex: Male (M) or Female (F); o Reason transportation service was requested; o Recipient's date of birth in month, day, year format: MM/DD/YY- (Examp le: 08/01/95 for August I, 1995); o Total miles of trip provided; o Total cost of trip provided; o Distinguish trip indicator for each one -way trip as either initial (I), transfer (T), or Return (R); o Pickup address including the street name and number, apartment number, and city; o Time that the recipient was picked up. Use military (24 -hour clock) time. For example: 3:35 p.m. = 1535; o Complete address of the provider destination including the street name and number, apartment number, and city; o Or igin of transport code: diagnostic or therapeutic site (D), residential, custodial facility not skilled nursing (E), hospital -based dialysis facility (G), hospital (H), site of transfer (1), non - hospital based dialysis (J), skilled nursing facility (N), physician's office includes HMO non - hospital facility, clinic, etc. (P); residence (R); o Destination of transport code: diagnostic or therapeutic site (D), residential, custodial facility not skilled nursing (E), hospital -based dialysis facility (G), hospital (H), site of transfer (1), non - hospital based dialysis (J), skilled nursing facility (N), physician's office includes HMO non - hospital facility, clinic, etc. (P); residence (R); and o Mode of transportation used: minibus (MB), public transportation (PT), private volunteer transport (VT), wheelchair (WC), Stretcher (ST), over - the -road bus (OB), or commercial air carrier (CA). Monthly Activity. The Subcontracted Transportation Provider shall maintain monthly billing files that justify the number of transports and can be cross - referenced to actual trips given with specific recipients transported. The Subcontracted Transportation Provider shall: ' • Submit monthly reports that document the activities of the Subcontracted Transportation Provider and transportation providers as required by the Commission and the Agency for Health Care Administration. All the reports are due on the fifteenth (15`h) workday following each month of service unless otherwise established in this Contract or approved by the Contract Manager. • Submit accurate monthly direct service transportation reports upon which the Commission may rely for issuing monthly direct service payments. • Deliver to the Commission records on daily trips within five (5) business days if requested by the Commission or Agency for Health Care Administration, in writing; and • Submit monthly reports to the Commission showing the number of trips completed by each transportation provider. Trips provided by the Subcontracted Transportation Provider shall be included in this report. Driver Requirements These standards are for all drivers, excluding volunteer drivers. School District and Public Transit District staff must comply with the following as long as they meet or exceed relevant state and federal regulations. ■ Drug and Alcohol Testing. The Subcontracted Transportation Provider shall ensure that both the Subcontracted Non - Emergency Medicaid Transportation Form Rev. 10/3/03 Page 24 of 44 AC N,� ;TEAM . L a OCT 14 2003 Pg. `YJ - Transportation Provider's and transportation provider's company are in compliance with the Federal Transit Administration's (FTA) drug and alcohol regulations, and the Federal Highway Administration's drug and alcohol regulations, when applicable. • Driver Accountability. All drivers shall have a valid driver's license and be covered by the provider's insurance plan as required by law before starting to provide recipient services. All drivers will have a background check and Department of Motor Vehicles record check performed within thirty (30) calendar days of starting to provide recipient services. The background check performed by the Florida Department of Law Enforcement is considered the minimum standard for this program. The Subcontracted Transportation Provider must have ready access to all documents listed above. ■ If the Subcontracted Transportation Provider or the transportation providers receive complaints regarding a particular driver, and it is determined that the driver is not performing the service to a safe, reliable or responsible manner, and corrective action has not resulted in improved performance, the driver shall be immediately removed from transporting Medicaid recipients. ■ Driver Conduct. The Subcontracted Transportation Provider shall assure that drivers act in a professional manner at all times and shall perform the minimum levels of service as explained in all transportation service agreements. Valid reports of misconduct shall be the cause for immediate suspension from recipient service. Standards for Commercial and Volunteer Drivers: Drivers shall not: • Make sexually explicit comments, or solicit sexual favors, or engage in sexual activity; ■ Solicit or accept controlled substances, alcohol, or medications from recipients; • Solicit or accept money from recipients other than authorized copayments; ■ Use alcohol, narcotics, or controlled substances, or be under their influence, while on duty. Prescribed medication can be used by a driver as long as his /her duties can still be performed in a safe manner and the transportation provider has written documentation that medication will not impact the ability of the driver; • Eat or consume any beverage while operating the vehicle or while in%oh ed in recipient assistance; • Smoke in the vehicle; ■ Wear any type of headphones while on duty; and ■ Be responsible for passenger's personal items. Drivers shall: • Wear, or have visible, easy to read proper company identification; • Exit the vehicle to open and close vehicle doors when passengers enter or exit the vehicle; • Properly identify and announce their presence at the entrance of the buildings at the specified pick -up location if a curbside pick -up is not apparent, or with attending facility staff, • Assist the passengers in the process of being seated, including the fastening of the seat belt when necessitated by the recipient's condition; • Confirm, prior to allowing any vehicle to proceed, that wheelchairs and wheelchair passengers are properly secured; and that, when appropriate, passengers are properly secured in their seat belts; • Provide an appropriate level of assistance to passengers, when requested, or when necessitated by the passenger's condition; • Provide support and direction to passengers. Such assistance shall also apply to the movement of wheelchairs and persons with limited mobility as they enter or exit the vehicle using the wheelchair lift. Such assistance shall also include stowage by Non - Emergency Medicaid Transportation Form Rev. 10/3/03 Page 25 of 44 A ND iT�M i�la. �-- OCT 14 2003 the driver of mobility aids and folding wheelchairs; and ■ Be clean and maintain a neat appearance at all times. Vehicle Requirements Safety Standards. Mandatory transportation safety standards are determined by the size and nature of the provider. Full details of these are available from the Federal Transit Administration, Office of Safety and Security, 400 7th Street, S.W., Washington D.C. 20590. While these guidelines are recommended by the Commission, it is the responsibility of the Subcontracted Transportation Provider and the transportation providers to ensure that they are in compliance with all applicable federal, state and local regulations. Maintenance. The Subcontracted Transportation Provider shall have written procedures to assure that all commercial transportation providers maintain vehicles and equipment to meet the requirements of this Contract. Vehicles and all components shall meet or exceed the manufacturer's state and federal safety and mechanical operating and maintenance standards for any and all vehicles and models used for transportation of Medicaid recipients under this Contract. Providers shall comply with all applicable state and federal laws, including, but not limited to, the Americans with Disabilities Act (ADA) and the Federal Transit Administration (FTA) regulations_ Any vehicle that does not meet or exceed the Florida Department of Highway Safety and Motor Vehicles (DHSMV) licensing requirements, safety standards, ADA regulations, or Contract requirements shall be removed from service immediately and shall be re- inspected before it is eligible to be used to provide transportation services for Medicaid recipients under this Contract. Vehicle Inspections. ■ Biennial. All vehicles shall be inspected before they are used to provide transportation services. Inspections shall be done biennially to ensure that all regulatory and licensing requirements are met. Documentation of inspections done by other agencies will suffice as long as the Subcontracted Transportation Provider has access to it and the program standards are met or exceeded. Random. The Subcontracted Transportation Provider shall perform random inspections annually at a minimum of five (5 %) percent of the vehicles of each provider. If, during the course of random inspection, more than ten (10 %) percent of the vehicles in an inspected provider's fleet do not meet regulatory requirements, the remainder of that fleet will be inspected. Vehicles not passing these inspections shall be immediately removed from service for Medicaid recipients. Each vehicle shall be re- inspected before it is eligible to return to service for Medicaid recipients under this Contract. • Complaint Initiated. In the case of recipient complaints about the condition of specific vehicles, the Subcontracted Transportation Provider or designee is responsible for performing inspections of the involved vehicle. Vehicles found deficient shall be immediately removed from service for Medicaid recipients, and remain so until deficiencies are corrected and vehicle is re- inspected. All Commercial Vehicles Shall Meet or Exceed the Following Requirements: • The Subcontracted Transportation Provider shall ensure that commercial transportation providers use a two -way communication system linking all vehicles used in delivering the services under this Contract with the transportation provider's major place of business (dispatcher). • The two -way communication system shall be used in such a manner as to facilitate communication and to minimize the time in which out -of- sery ice vehicles can be replaced or repaired. • Pagers are not an acceptable substitute. A vehicle with an inoperative two -way communication system shall be placed out -of- service until the system is repaired or replaced. • All vehicles shall be equipped with climate control systems adequate for the heating and ventilation needs of both driver and passengers. Any vehicle with a non - functioning climate control system shall be placed out -of- service until repaired. Non - Emergency Medicaid Transportation Form Rev. 10,13/03 Page 26 of 44 AG NDA 1TEM OCT 14 2003 pg. • Vehicles shall have functioning, clean, and accessible seat belts, where applicable, for each passenger seat position and shall be stored off the floor when not in use. • Each vehicle shall utilize child safety seats, where applicable, that meet applicable state and federal guidelines. Drivers must be trained in the proper installation and use of child safety seats. • All vehicles shall have functional door handles on all doors. • All vehicles shall have an accurate speedometer and odometer. • All vehicles shall have functioning interior light(s) within the passenger compartment. • All vehicles shall have adequate sidewall padding and ceiling covering. • All vehicles shall have two exterior rear view mirrors, one on each side of the vehicle. • All vehicles shall have one interior mirror for monitoring the passenger compartment. ■ The vehicles' interior and exterior shall be clean and have exteriors free of broken mirrors or windows, excessive grime, rust, chipped paint or major dents that detract from the overall appearance of the vehicle. • The vehicle shall have passenger compartments that are clean, free from torn upholstery or floor covering, damaged or broken seats, protruding sharp edges and shall also be free of dirt, oil, grease or litter. Service Agreement Gatekeeper Policy Subcontracted Transportation Providers under service agreement shall comply with the following gatekeeper responsibilities: The Subcontracted Transportation Provider shall accept requests for transportation directly from recipients, adult family members on behalf of minor recipients, guardians responsible ' ecipients, and licensed health care professionals on behalf of recipients who are residents of a nursing facility or other residential L facility, or who are otherwise unable to communicate for themselves. The Subcontracted Transportation Provider should assure that the recipient is a resident of a county in the Subcontracted Transportation Provider region and is currently Medicaid eligible. The Subcontracted Transportation Provider should attempt to determine if transportation resources exist within the home regularly and/or specifically for the trip requested, and should deny transportation if available through resources in the recipient's household. "Household" is defined to include all persons residing at a common address. The Subcontracted Transportation Provider must determine if there is a reason why the recipient's own transportation cannot be utilized (such as the vehicle is broken, out of gas, etc.) and, if it cannot be utilized, may assist in making it usable where possible or shall provide transportation. The Subcontracted Transportation Provider may attempt to determine whether any person who does not reside in the recipient's household can reasonably provide transportation. "Reasonably" is defined to mean both willing and able. The Subcontracted Transportation Provider shall not demand the use of transportation resources available through any party residing outside the recipient's household. The Subcontracted Transportation Provider shall require the use of public transportation, where available and appropriate, for ambulatory recipients who are able to understand common signs and directions and who indicate familiarity with the use of public transportation. The Subcontracted Transportation Provider must determine if the recipient is ambulatory, requires a wheelchair, or requires a stretcher for transport. Recipients who must use a wheelchair for ambulation or must remain in a lying position and be transported in vehicles appropriate to their level of need. The Subcontracted Transportation Provider must allow for extenuating circumstances in applying the seventy -two (72) hour or less advance application requirement for transportation. Such extenuating circumstances shall include, but not be limited to, such situations as the requirement for post- operative or follow -up appointments in less than seventy -two (72) hours; urgent care Non - Emergency Medicaid Transportation A0. 1 Form Rev. 1013/03 Page 27 of 44 OCT 14 2003 a ?9• requirements as claimed by the recipient, adult family members on behalf of a minor, elderly or disabled recipients, guardians responsible for recipients, and licensed health care professionals on behalf of recipients who are residents of a nursing facility or other residential care facility, or who are otherwise unable to communicate for themselves; hospital and emergency room discharges; and transportation to appointments made to replace appointments missed because of failed transportation arranged by the Subcontracted Transportation Provider. The Subcontracted Transportation Provider shall provide transportation only to a Medicaid compensable service. Provider enrollment and recipient eligibility shall be obtained by contacting a MEVS vendor or through FAXBACK with the Medicaid fiscal agent where a fax is sent through an automated system and a report is transmitted back containing recipient or provider requested eligibility information. The Subcontracted Transportation Provider shall not reimburse the cost of transportation provided for a recipient by any relative or member of the same household, exclusive of foster parents. Some nursing facilities, group homes and personal care homes have one or more vehicles, which are intended to facilitate the general administration of the facility and not necessarily to provide for resident transportation. The Subcontracted Transportation Provider cannot deny service based on the mere existence of a vehicle. The availability of a vehicle for resident transportation must be determined on a case -by -case basis. If the vehicle is not available for resident transportation at the time required, as represented by the nursing facility manager or director of nursing, as applicable, such vehicle must be excluded from considerations of other available transportation. The Subcontracted Transportation Provider shall consider `in good faith' information presented by or on behalf of a recipient relative to the need for NET services upon each such request for transportation, regardless of the recipient's having been previously denied NET services. The Subcontracted Transportation Provider may require that a recipient and associated escort be picked up from, and returned to, a common address. The Subcontracted Transportation Provider is not responsible for providing transportation when the health care provider is located outside a recipient's community/vicinity if other similar and appropriate health cat Providers of similar type who offer the same or similar services appropriate for the recipient's needs and who will accept the recipient as a patient are located closer to the recipient's residence. The Subcontracted Transportation Provider shall not arbitrarily deny services, but may require as a condition for approval of NET services, a written referral signed by a licensed health care provider attesting to the medical necessity for out -of -area service. Non - Emergency Medicaid Transportation Form Rev. 10/3/03 Page 28 of 44 OCT 14 2003 EXHIBIT C _. 2003 —2004 Method of Compensation Subcontracted Transportation Provider Service Agreement Medicaid Non - Emergency Transportation This Exhibit forms an integral part of the Contractual Service Agreement, dated FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED and the by and between the STATE OF 1. Project Cost: This is a fixed fee contract. The Subcontracted Transportation shall request payment through submission of a properly completed invoice to the Commission Contract Manager or its designee. Once the Commission has signed the monthly invoice for approval, the Commission shall submit the approved invoice to the Comptroller for the State of Florida for final payment to the Subcontracted Transportation Provider. Total Amount not to Exceed 1. Disbursement Schedule of Funds ($ divided by 1000) Oct Nov Dec Jan Feb Mar Apr May Jun FY 03/4 Non - Emergency Medicaid Transportation Form Rev. 10/3!03 Page 29 of 44 ADEN IT M 1140._ OCT 14 2003 Pg. _-) ' A'ITACI IA ENT 1 2003— 2004 COVERED SERVICES AND ELIGIBLE RECIPIENTS Subcontracted Transportation Provider Service Agreement Medicaid Non - Emergency Transportation General The Subcontracted Transportation Provider shall comply with all the provisions of this Contract and its amendments, if any, and shall act in good faith in the performance of the Contract provisions The Subcontracted Transportation Provider agrees to comply with all applicable federal and state laws and regulations. The Subcontracted Transportation Provider must ensure that it will meet all requirements for participating in the Medicaid program, abide by the provisions of this Contract, and meet all state and local licensing and insurance requirements. The Contract may be subject to changes in federal and state law, rules or regulations. The Subcontracted Transportation Provider agrees that failure to comply with the provisions of this Contract may result in the assessment of penalties and/or termination of the Contract in whole or in part. Eligible Recipients The categories of eligible recipients authorized to utilize transportation services as specified by this Contract include: • Low Income Families and Children • Foster Care • Sixth Omnibus Budget Reconciliation Act (SOBRA) children and pregnant women • Supplemental Security Income (SSI) Related Medicaid • Institutional Care Program (ICP) - Recipients who are eligible for transportation services for placement in a facility while their eligibility determination is being processed (e.g. nursing home residents, etc.) • Title XXI MediKids- A Title XXl health insurance program that provides certain children who are not Medicaid eligible with Medicaid benefits provided a certain premium is paid and provided the children are enrolled in a Medicaid HMO or MediPass as specified in Section 409.8132, F.S. • Medically Needy - A Medically Needy recipient is an individual who would qualify for Medicaid but has income or resources that exceed normal Medicaid guidelines. On a month -by -month basis, the individual's medical expenses are subtracted from income; if the remainder falls below Medicaid's income limits, the individual may qualify for Medicaid through the end of the month. • Presumptively Eligible Pregnant Women - This program allows staff at County Health Departments, Regional Perinatal Intensive Care Centers, and other qualified medical facilities to make a presumptive detennination of Medicaid eligibility for low- income pregnant women. This presumptive determination allows a woman to access prenatal care while Department of Children and Families eligibility staff make a regular determination of eligibility. Outpatient or office services related to the pregnancy are reimbursed by this program; transportation services are available to support these visits. ■ Family Planning Waiver (FP) - The family planning waiver extends eligibility for family planning services for 24 months to postpartum women who have lost Medicaid eligibility. Extended eligibility is for family planning services only including transportation. Non - Emergency Medicaid Transponation Form Rev. 10/3/03 Page 30 of 44 a A o._ � 1 OCT 14 2003 G Ineligible Recipients The following categories describe recipients who are not eligible to enroll in the plan: • HMO recipients - Recipients who are members of a Medicaid HMO that provides transportation as an optional service including Title XXI MediKids recipients who are enrolled in a Medicaid HMO that provides transportation as an optional service. • Vehicle ownership or access - Recipients who have their own means of transportation. • Qualified (Medicare) Individuals Level 1 (QI1) and Level 2 (Q12) - QI 1 and Q12 recipients are not eligible for any Medicaid service except for Medicaid payment of their Medicare premiums, deductibles and coinsurance. • Qualified Medicare Beneficiaries (QMB) and Qualified Media,, a Beneficiaries Renal Dialysis (QMBR) - QMB and QMBR recipients are not eligible for any Medicaid service except for Medicaid payment of their Medicare premiums, deductibles and coinsurance. ■ Special Low Income Medicare Recipients (SLMB) - SLMB recipients are not eligible for any Medicaid service except for Medicaid payment of their Part B Medicare premium. ■ Legal Aliens- Recipients with legal alien status have access to emergency services only and are not eligible for non - emergency transportation services. Covered Services Non - emergency transportation services must be provided to eligible Medicaid recipients for Medicaid compensable medical appointments by utilization of the following modes of transportation: Minibus A minibus is a multiple passenger van, typically used for ambulatory transportation services, is appropriate only for persons who can enter and exit a vehicle with minimal to no assistance and who do not require the use of a non - emergency medical vehicle or ambulance. Assistance means that additional equipment and time are required. Minibus vehicles appropriate for ambulatory persons would include buses, vans, sedans and taxis. Taxi services are appropriate for persons whose physical or mental limitations render them unable to use fixed route transit, multi - loading or other methods of transport. Physical inability to use fixed -route transit or multi -load vehicles means that a person needs assistance to walk or is unable to climb bus or van steps. Mental inability to use fixed -route transit or multi -load vehicles means that a person has crowd phobias, dementia, violent or assaultive behavior, or is seriously confused or disoriented. Wheelbhair Van A wheelchair vehicle is a motorized vehicle equipped specifically with certified wheelchair lifts or other equipment designed to carry persons in wheelchairs, scooters, etc. or with mobility impairments. Wheelchair services can only be used in non - emergency situations and are limited to use by: Recipients who can sit upright and have no acute medical problems that require them to remain in a lying position; and Recipients who use a mobility device for mobility. Stretcher Van A stretcher van is an enclosed vehicle that accommodates a litter and is equipped with locking devices to secure the litter during transit. Stretcher service is required for recipients who are non - ambulatory and need the assistance to be transported to and from the vehicle and the health care provider in a reclining position. No flashing lights, sirens, or emergency equipment are required. Stretcher services can only be provided in non - emergency situations. Recipients who have begun self- administered home oxygen prior to transport may continue administration during transport. However, no new regime of oxygen therapy may be started during transport, nor may the attendant employed by the transportation service administer oxygen. Public Transportation Non - Emergency Medicaid Transportation Fonn Rev. 1013103 Page 31 of 44 AGENDA ITEM 0 C T 14 2003 Pg. -�� In some areas of Florida, public transportation may be a viable and cost - effective alternative to more traditional and expensive forms of non -emergency transportation available to the Subcontracted Transportation Providers. Public transportation is transportation available, through the payment of a rider fee, to the general public. Public transportation may be provided by transit companies, county or city governments or federally funded transportation authorities. This type of transportation may be used to provide a full trip or portion of a trip to or from a health care service. Over -the -Road Bus An over - the -road bus is traditionally used to traverse long distances such as cross - county and cross -state travel. Private Transportation Volunteer travel is provided by individuals or agencies that receive no compensation or payment other than minimal reimbursement for mileage for the provision of these transportation services. The Subcontracted Transportation Providers is required to arrange transportation with the volunteer or organization directly, including scheduling appointments and notifying recipients of arrangements. The Subcontracted Transportation Providers shall be responsible for payment of the minimal mileage of the volunteer transportation. The Subcontracted Transportation Provider may develop volunteer services as part of its responsibility to provide non - emergency transportation (NET) services in accordance with this Contract. Use of volunteer transportation does not alleviate the Subcontracted Transportation Provider of its responsibility to assure the safety, comfort and appropriate mode of transportation to meet the recipient's health care status. The Subcontracted Transportation Provider must ensure that all volunteers and vehicles used to provide volunteer transportation are properly licensed and insured. Escort Services An escort is an individual whose presence is required to assist a recipient during transport and while at the place of treatment. The escort leaves the vehicle at its destination and remains with the recipient. An escort must be of an age of legal majority recognized under Florida law. The Subcontracted Transportation Provider must allow, without charge to the escort or recipient, one (1) escort to accompany a recipient or group of recipients who are residents of a nursing facility, blind, deaf, mentally disabled, or under twenty-one (2 1) years of age, when the recipients are transported to receive Medicaid covered services. Commercial Air Carver Transportation Commercial air carrier transportation may be provided where appropriate to provide the necessary transportation to eligible Medicaid recipients. If a recipient is in need of transportation outside of the state or must be transported a long distance due to the location of specialized medical services, the Subcontracted Transportation Provider for the recipient's area of residence shall work directly with the recipient to determine that such services are not available in the recipient's locality and shall schedule the commercial air carrier transport and purchase such services as needed. The Subcontracted Transportation Provider must provide documented proof to the Commission prior to transport that necessary medical services cannot be obtained within the recipient's service area and that commercial air carrier transportation is the only viable option. The Subcontracted Transportation Provider has authority under this contract to deny a request to cover commercial air carrier transport but must submit a written explanation to the Commission of how the recipient will be transported and what formed the basis for the denial. The Subcontracted Transportation Provider must follow the Denial of Services procedures and must notify the recipient of his right to appeal. The Commission may purchase any and all commercial air carrier transports when it is deemed by the Commission or the Subcontracted Transportation Provider to be the appropriate level of transport for the recipient. Special Covered Services The Subcontracted Transportation Providers must supply transportation for Medicaid recipients when: The Agency for Health Care Administration has begun a closure or decertification of a nursing facility and transportation is needed for the Medicaid recipient to be transported from one nursing facility to another or to an alternate living arrangement; or The Medicaid recipient has a change in level of care that results in the facility not being certified or equipped to provide medically required or specialized services and transportation is needed from one nursing facility to another nursing facility. Excluded Services The Subcontracted Transportation Provider is not required to ensure the provision of the following excluded services. Non - Emergency Medicaid Transportation Form Rev. 10/303 Page 32 of " AG -ND,A ITEM No. ►& OCT 14 2003 Pg. _` -D_ Stretcher Van Oxygen Administration Stretcher van providers are not required to be equipped to provide and administer oxygen to a recipient during a transport. Oxygen provided and administered by the recipient is appropriate for NET if no other medical equipment or medical care is required en route. Stretcher van providers are also not required to be equipped to maintain a ventilator or care for a recipient who is ventilator- dependent during a transport. If a recipient has a battery - operated ventilator and an individual who has been trained to provide ventilator care will travel with the recipient to a doctor's office or to other medically necessary health care services, the recipient is eligible for NET if no other medical equipment or care is required en route. Ground Ambulance Transportation NET services do not include ground ambulance transportation unless the ground ambulance is enrolled as and providing services as a stretcher or wheelchair transportation rrovider. Air Ambulance Transportation NET services do not include air ambulance transportation. Special Exclusions The Subcontracted Transportation Providers under this contract are not responsible for the coverage of: ■ The cost of transporting a Medicaid recipient back to Florida when that recipient has traveled outside of Florida and requires - hospitalization and/or subsequent nursing facility care; • Transportation for therapeutic home visits to or from a hospital, hospice, nursing home, ICF /DD, state or other private or public institution; • Transportation of a recipient from one hospital to another, one nursing facility to another, or from a hospital to a nursing facility, solely based on the preference of the recipient or a member of the recipient's family; ■ Transportation of deceased Medicaid recipients; • Transportation of family members to visit a hospitalized or institutionalized Medicaid recipient; • Transportation of a Medicaid recipient to receive medical training; • Transportation of Medicaid recipients to a pharmacy for the purpose of having a prescription filled; • Transportation of a Medicaid recipient to a medical facility or physician's office for the sole purpose of obtaining a medical recommendation or to pick up medical records; ■ Transportation of a Medicaid recipient for socialization and/or therapeutic field visits to locations other than the facility where such services are received; • Transportation services that are available to the general public free of charge; ■ Transportation that is already covered by a per diem rate and included in a corresponding cost report. Transportation services are included in an lCF /DD's per diem; ■ Salaries, fees, or other compensation for professional health care attendants; or ■ Transportation of a Medicaid recipient to a service covered by a Home and Community -Based Service (HCBS) waiver and transportation is provided and can be billed to the waiver or is included in the reimbursement for the waiver service. Manner of Service Provision Non - emergency transportation (NET) services are defined as medically necessary transportation for any recipient and personal care AGEND ITEM Non- Emergency Medicaid Transportation Form Rev. 10/3/03 Page 33 of 44 OCT 14 206 Pg. attendant /escort, if required, who have no other means of transportation available to any Medicaid compensable service for the purpose of receiving treatment, medical evaluation, therapy, or medical equipment. Geographical Considerations The Subcontracted Transportation Provider is responsible for the provision of transportation services to eligible Medicaid recipients to or from a stated point of origin or to or from specific Medicaid compensable services at the request of the recipient or person acting on behalf of the recipient. Transportation outside the area customarily used for health care services by the recipient's immediate community is to be provided only when sufficient medical resources are not available in the area or when a health care provider has referred the recipient to medically necessary health care services outside of the immediate community. The Subcontracted Transportation Provider is responsible for out -of -state NET services to and from health care providers in accordance with the Commission's policies and procedures on how services by ground or air beyond sixty (60) miles of the Florida State border shall be coordinated and purchased. Residence and Closest Medical Facility The Subcontracted Transportation Provider is not responsible for providing transportation when the health care provider is located outside a recipient's community/vicinity if other similar and appropriate health care providers of type who offer same or similar services appropriate for the recipient's needs and who will accept the recipient as a patient are located closer to the recipient's residence. The Subcontracted Transportation Provider may request a written referral signed by the referring medical provider and attesting to the need for travel outside the recipient's region of residence. Recipients who are denied NET services must be given a written notice of the reason for denial and appeal rights within three (3) working days of receipt of denial notice. Non - Emergency Medicaid Transportation Form Rev. 10/3/03 Page 34 of 44 /AGENDA gEM No. 1 t e OCT 14 2003 Pg. ATTACHMENT 2 2003 —2004 CERTIFICATION REGARDING HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 19% COMPLIANCE Subcontracted Transportation Provider Service Agreement Medicaid Non - Emergency Transportation This cel tification is required for compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The undersigned Provider certifies and agrees as to abide by the following: 1. Protected Health information. For purposes of this Certification, Protected Health information shall have the same meaning as the term "protected health information" in 45 C.F.R. § 164.501, limited to the information created or received by the Provider from or on behalf of the Agency. 2. Limits on Use and Disclosure of Protected Health Information. The Provider shall not use or disclose Protected Health Information other than as permitted by this Contract or by federal and state law. The Provider will use appropriate safeguards to prevent the use or disclosure of Protected Health Information for any purpose not in conformity with this Contract and federal and state law. The Provider will not divulge, disclose, or communicate Protected Health Information to any third party for any purpose not in conformity with this Contract without prior written approval from the Agency. The Provider will report to the Agency, within ten (10) business days of discovery, any use or disclosure of Protected Health Information not provided for in this Contract of which the Provider is aware. A violation of this paragraph shall be a material violation of this Contract. 3. Use and Disclosure of Information for Management Administration and Legal Responsibilities. The Provider is permitted to use and disclose Protected Health Information received from the Agency for the proper management and administration of the Provider or to carry out the legal responsibilities of the Provider, in accordance with 45 C.F.R. 164.504(e)(4). Such disclosure is only permissible where required by law, or where the Providerobtains reasonable assurances from the person to whom the Protected Health Information is disclosed that: (1) the Protected Health Information will be held confidentially, (2) the Protected Health Information will be used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and (3) the person notifies the Provider of any instance of which it is aware in which the confidentiality of the Protected Health Information has been breached. 4. Disclosure to Agents. The Provider agrees to enter into an agreement with any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Provider on behalf of, the Agency. Such agreement shall contain the same terms, conditions, and restrictions that apply to the Provider with respect to Protected Health Information. 5. Access to Information. The Provider shall make Protected Health Information available in accordance with federal and state law, including providing a right of access to persons who are the subjects of the Protected Health Information. 6. Amendment and Incorporation of Amendments. The Provider shall make Protected Health Information available for amendment and to incorporate any amendments to the Protected Health Information in accordance with 45 C.F.R. § 164.526. 7. Accounting for Disclosures. The Provider shall make Protected Health Information available as required to provide an accounting of disclosures in accordance with 45 C.F.R. § 164.528. The Provider shall document all disclosures of Protected Health Information as needed for the Agency to respond to a request for an accounting of disclosures in accordance with 45 C.F.R. § 164.528. 8. Access to Books and Records. The Provider shall make its internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Provider on behalf of, the Agency to Non - Emergency Medicaid Transportation Form Rev. 10 3!03 Page 35 of 44 AGENDA I F:Nl OCT 14 20'3 Pg. the Secretary of the Department of H (-alth and Human Services orthe Secretary's designee for purposes of determining compliance with the Department of Health and Human Services Privacy Regulations, 9• Termination. At the termination of this Contract, the Provider shall return all Protected Health Information that the Provider still maintains in any form, including any copies or hybrid or merged databases made by the Provider; or with prior written approval of the Agency, the Protected Health Information may be destroyed by the Provider after its use. If the Protected Health Information is destroyed pursuant to the Agency's prior written approval, the Provider must provide a written confirmation of such destruction to the Agency. If return or destruction of the Protected Health Information is determined not feasible by the Agency, the Provider agrees to protect the Protected Health Information and treat it as strictly confidential. CERTIFICATION The Provider has caused this Certification to be signed and delivered by its duly authorized representative, as of the date set forth below. Provider Name: Signature Name and Title of Authorized Signer Non - Emergency Medicaid Transportation Form Rev. 1013/03 Page 36 of 44 Date AGENDA ITE€V! 0, -ff r� t OCT 14 2003 09 ATTACIEVIENT 3 2003— 2004 DRUG-FREE WORKPLACE CERTIFICATION Subcontracted Transportation Provider Service Agreement Medicaid Non- Emergency Transportation In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or Contractual services that are under bid a copy of the statement specified in subsection 1). In the statement specified in subsection 1), notify the employees that, as a condition of working on the commodities or Contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States of any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature AGENDA- Non- Emergency Medicaid Transportation Form Rev. 10,'3/03 —T Page 37 of 44 OCT 14 200 pg. ATTACHMENT 4 2003 —2004 FINANCIAL AND COMPLIANCE AUDIT Subcontracted Transportation Provider Service Agreement Medicaid Non - Emergency Transportation The administration of resources awarded by the Commission for the Transportation Disadvantaged to the Subcontracted Transportation Provider may be subject to audits.and/or monitoring by the Commission. Monitoring In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Agency staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this agreement, the Subcontracted Transportation Provider agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the Subcontracted Transportation Provider is appropriate, the Subcontracted Transportation Provider agrees to comply with any additional instructions provided by the Commission to the Subcontracted Transportation Provider regarding such audit. The Subcontracted Transportation Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: Federally Funded This attachment is applicable if th; Subcontracted Transportation Provider is a State or local government or a non - profit organization as defined in OMB Circular A -] 33, as revised. In the event that the Subcontracted Transportation Provider expends $300,000 or more in Federal awards in its fiscal year, the Subcontracted Transportation Provider must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. PART VI of this agreement indicates Federal resources awarded through the Commission. In determining the Federal awards expended in its fiscal year, the Subcontracted Transportation Provider shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Subcontracted Transportation Provider conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. I. In connection with the audit requirements addressed in Part I, paragraph 1., the Subcontracted Transportation Provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the Subcontracted Transportation Provider expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Subcontracted Transportation Provider expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from the Subcontracted Transportation Provider resources obtained from other than Federal entities). 2. Information concerning this section can be found on the Federal Office of Management and Budget Web page at: http://www.whitehouse.gov/omb/index PART II: State Funded This part is applicable if the Subcontracted Transportation Provider is a nonstate entity as defined by Section 215.97(2)(1), Florida Non-Emergency Medicaid Transportation Form Rev. 10/3'03 Page 38 of 44 AGENDA ITEM 0 C T 14 260 Pg. Statutes. - 1. In the event that the Subcontracted Transportation Provider a total amount of State Financial Assistance (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such Subcontracted Transportation Provider, the Subcontracted Transportation Provider must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. PART VI of this agreement indicates State Financial Assistance awarded through the Commission by this agreement. In determining the State Financial Assistance expended in its fiscal year, the Subcontracted Transportation Provider shall consider all sources of State Financial Assistance, including State Financial Assistance funds received from the Commission, other state agencies, and other nonstate entities. State Financial Assistance does not include Federal direct or pass -- through awards and resources received by the nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11, paragraph 1, the Subcontracted Transportation Provider shall ensure that the audit complies with the requirements of Section 215.97 (7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. If the Subcontracted Transportation Provider expends less than $300,000 in State Financial Assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Subcontracted Transportation Provider expends less than $300,000 in State Financial Assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit mu st be paid from the Subcontracted Transportation Provider's resources funds obtained from other than State entities). 3. Information concerning this section can be found on the State of Florida Web page at: http : / /www.myflorida.com/myflorida/ government /govemorinitiatives /fsaa/ PART III: Other Audit Requirements 45 CFR, Part 74.26(d) extends OMB requirements, as stated in Part I above, to for - profit organizations. PART IV: Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Subcontracted Transportation Provider directly to each of the following: Commission for the Transportation Disadvantaged State of Florida Auditor General 605 Suwannee Street, MS-49 Room 574, Claude Pepper Building Tallahassee, FL 32399 -0450 111 West Madison Street Tallahassee, FL 32302 -1450 Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. Pursuant to Section .320 (f), OMB Circular A -133, as revised, the Subcontracted Transportation Provider shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Commission at the Commission's Contract Manager. Copies of financial reporting packages required by PART 11 of this agreement shall be submitted by or on behalf of the Subcontracted Transportation Provider directly to each of the following: Commission for the Transportation Disadvantaged State of Florida Auditor General 605 Suwannee Street, MS-49 Room 574, Claude Pepper Building Tallahassee, FL 32399 -0450 1 1 1 West Madison Street Non - Emergency Medicaid Transportation Form Rev. 10 %3103 Page 39 of 44 AGENDA ITEM 4c._Lof— OCT 14 2C3 Tallahassee, FL 32302 -1450 Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the Subcontracted Transportation Provider directly to: Commission for the Transportation Disadvantaged State of Florida Auditor General 605 Suwannee Street, MS-49 Room 574, Claude Pepper Building Tallahassee, FL 32399 -0450 l 1 1 West Madison Street Tallahassee, FL 32302 -1450 C. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`h Street Jeffersonville, IN 47132 Any reports, management letters, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Subcontracted Transportation Providers, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A -133, or /and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for - profit) organizations, Rules of the Auditor General, should indicate the date that the reporting package was delivered from the auditor to the Subcontracted Transportation Provider in correspondence accompanying the reporting package. This can be accomplished by providing the cover letter from the reporting package received from the auditor or a cover letter indicating the date the audit reporting package was received by the Subcontracted Transportation Provider. PART V: Record Retention The Subcontracted Transportation Provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The Subcontracted Transportation Provider shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued unless extended in writing by the Commission. NOTE: Section .400(d) of the OMB Circular A -133, as revised, and Section 215.97 (5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Part VI of this attachment be provided to the Provider organization if the Provider is determined to be a recipient. If Part VHs not included the Provider has not been determined to be a recipient as defined by the above referenced reverenced federal and state laws. Non- Emergency Medicaid Transportation Form Rev. 10,13.!03 Paee 40 of 44 AGENDA !TEA OCT 14 20C3 pg. ATTACHMENT 5 2003 —2004 GLOSSARY Subcontracted Transportation Provider Service Agreement Medicaid Non - Emergency Transportation ADA (Americans with Disabilities Act) — Includes regulations for agencies and entities that provide services to persons with disabilities. Background Check -- An investigation of the person's criminal history. Back -up Service -- Emergency or back -up vehicles and/or personnel dispatched by the Subcontracted Transportation Provider when a vehicle has become disabled, is otherwise unable to meet transportation service standards or when specifically requested by the Subcontracted Transportation Provider. Business Day -- The business office must be open at a minimum between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Climate Control System -- The heating or air conditioning system of the vehicle in question. CMS (Centers for Medicare and Medicaid Services) — The organizational unit of DHHS responsible for administering Title XIX of the Social Security Act, which is Medicaid. Commission — The Commission for the Transportation Disadvantaged, in accordance with Chapter 427, Florida Statutes. DHHS --The United States Departmer of Health and Human Services. Deliverable — Each documentation. report, manual, and every other item that the Subcontracted Transportation Provider is required to produce under the terms and conditions of this Contract. Dependent — An individual under the age of eighteen (18). A dependent may be a Medicaid recipient. Dispatching -- The act of designating a specific vehicle and driver to pick -up and deliver a Medicaid recipient. Eligible (Medicaid Eligible) -- A person who is determined to be eligible for Medicaid services by the Social Security Administration, or Department of Children and Families. Emergency Care -- Care that is medically necessary as a result of a sudden onset of a medical condition manifesting itself by acute symptoms of such severity that the absence of immediate attention could reasonably be expected to result in serious dysfunction of any bodily part or death of the individual. Encounter Data - Data on transportation services provided to Medicaid recipients. Escort -- An individual whose presence is required to assist a recipient during transport and while at the place of treatment. Escorts cannot be charged any cost for transportation when accompanying a recipient requiring assistance. EVS (Eli ig bility Verification System) -- A system for verifying recipient eligibility for Medicaid services, usually by direct, on -line computer hook -up. Fixed Route — Service in which the vehicle(s) repeatedly follows a consistent time schedule and stopping points over the same route, whereby such schedule, route or service is not at the user's request. FTE (Full -time Equivalent) -- The result of the division of the sum of all part-time employee hours by the standard number of hours for a Non - Emergency Medicaid Transportation Form Rev. 10/3 -03 Page 41 of 44 AGENDA i3 1V1 NO. OCT 14 2C.,3 pq� �� full -time employee. Gatekeeping -- The verification that a caller is actually an eligible Medicaid recipient, that Medicaid transportation is needed, and the appropriate type of transportation needed. Implementation Work Plan -- A plan developed by the Commission, which includes all the activities required to successfully begin operations under this Contract. Independent Contractor— See subcontracted transportation provider In State /Out -0f - -State Travel -- In -state travel refers to all NET services the Subcontracted Transportation Provider is responsible to assure delivery within the boundaries of the State of Florida and within a line drawn outside the Florida border. Out -of -state travel refers to travel outside of the predetermined border limit. Intake and Screening -- See gatekeeping. Medicaid ID Number -- A unique identification number assigned to each Medicaid recipient for eligibility card issuance and claims submittal purposes. Medical Necessity — Medicaid reimburses for transportation services if they do not duplicate another provider's services and are determined medically necessary by meeting all of the following criteria: o Individualized, specific, consistent with symptoms or confirmed diagnosis of the illness or injury under treatment, and not in excess of the recipient's needs; o Not experimental or investigational; o Reflective of the level of services that can be safely furnished, and for which no equally effective and more conservative or less costly treatment is available statewide; and o Furnished in a manner not primarily intended for the convenience of the recipient, the recipient's caretaker, or the provider. o The fact that a provider has prescribed, recommended, or approved medical or allied care, goods, or services does not, in itself, make such care, goods or services medically necessary or a covered service. Medicare -- The federal medical assistance program that is described in Title XVIII of the Social Security Act. It is not the same as Medicaid. Minibus -- A multiple passenger van, and also includes buses, sedans, and taxi. Monitoring — The Commission shall monitor the Subcontracted Transportation Provider's performance of duties under this Contract by a variety of methods. Satisfactory, quality performance is required. NET (Non - Emergency Transportation) -- In accordance with federal regulations (42 CFR 431.53), the Non - Emergency Transportation (NET) program offers transportation services for Medicaid recipients who need to secure necessary medical care and have no other means of transportation. NET Trip — A one -way transportation service from the recipient's place of origin to the place where a covered medical service will be provided to that recipient or the reverse or from one covered medical service to another. NF — Nursing facility or nursing home. Non - Emergency Transportation Services — These are non - emergency transportation services provided to Medicaid recipients by Subcontracted Transportation Providers and transportation providers that provide recipients with access to necessary medical services when the recipients have no other personal transportation available. Operational Procedures Manual -- A manual developed by the Subcontracted Transportation Provider that presents the procedures for scheduling, after -hours services, urgent care, driver customer service standards, record keeping requirements for drivers, etc. Public Transportation -- City, county or municipal subway, bus, rail, and other transportation services available in a number of locations in Florida. Non - Emergency Medicaid Transportation Form Rev. 10.3'03 Page 42 of 44 AGENDA 1 Eli tVC. OCT 14 20'3 pg. .� Recipient -- An individual eligible for medical assistance in accordance with the State's Medicaid program who has been certified as such by the Social Security Administration and the Department of Children and Families. Recipient Appeal -- Recipients have the right to appeal when the Provider has denied or terminated or suspended NET services to them. Recipient Residency -- The county or service area within which the Medicaid recipient is regularly domiciled. Recipient Intake Worksheet -- A worksheet containing information about the recipient and the required health care service the Subcontracted Transportation Provider must complete at the time of contact for each scheduling request by a recipient. Reservation -- The verification of a trip for a recipient at a specific time and place for picl- -up and delivery to a specific destination. Scheduling — The process through which a Medicaid recipient contacts the Subcontracted Transportation Provider who assigns the trip to the most appropriate transportation provider. Normally, this must be done at least three (3) days before the NET service is required. Scheduling Day /Hours -- Any day or time when the Subcontracted Transportation Provider is expected, under the terms of this Contract, to have personnel available for scheduling NET services. Designated hours during which scheduling of appointments can be done is a mandated function of the Subcontracted Transportation Provider. Service Agreement -- A Contract between a Commission and a subcontracted transportation provider for the delivery of transportation services. Social Security Administration (SSA) -- The federal agency that determines eligibility for SSI, including Medicaid benefits. State -- State of Florida. State Medicaid Plan -- The comprehensive written commitment by a Medicaid agency, submitted under section 1903(a) of the Social Security Act, to administer or supervise the administration of a Medicaid program in accordance with federal and state requirements. Stretcher (Non- emergency) Van — An enclosed vehicle that accommodates a litter and is equipped with locking devices to secure the litter during transit. Recipients using this vehicle must be non- ambulatory and need the assistance of at least two persons in order to be transported to and from the vehicle and health care provider in a reclined position. No flashing lights, sirens or emergency equipment are required. Subcontractor -- A person, company or organization the Commission enters into a Contract with to provide the services delivered under this Contract. Subcontracted Transportation Provider -- Those entities that own and operate vehicles engaged in the direct delivery of transportation and provide services to recipients through the scheduling of the Subcontracted Transportation Provider. Subscription Trip -- A standing order for a trip on a set schedule, e.g., every Tuesday afternoon at 2:00 p.m. SSI (Supplemental Security Income) -- A type of cash assistance received by individuals determined eligible by the Social Security Administration. Medicaid benefits are included in the eligibility determination made by the Social Security Administration. TTY (Text Telephony) -- A specially designed telephone device equipped with a keyboard and small screen, which allows two -way conversation. This service may also be available in software to modem personal computer compatibility. Transportation Service Agreement -- An agreement (Contract) between a Commission and a transportation provider for the delivery of transportation services. Urgent Care -- An unscheduled episodic situation in which there is no threat to life or limb but the recipient must be seen on the day of the request under currently accepted standards of care. Treatment cannot be put off until the next day. Hospital discharge shall also AGE DA ITEM Non- Fmergency Medicaid Transportation Forni Rev. 101103 Page 43 of 44 OCT 14 2E pg. �� be considered as urgent care. This requirement shall also apply to appointments established by medical care providers allowing insufficient time for routine three (3) day scheduling. Valid requests for urgent care transport shall be acknowledged for scheduling within three (3) hours of the time the request is made. Vehicle Identification Number (VIN) — The unique number given to each vehicle produced by a manufacturer. Vehicle Manifest -- A log which is kept by the vehicle driver that reports information on all trips with that vehicle: names of driver and recipients, times, pick -up and delivery points, odometer readings, etc. Vendor -- An entity that is responsible for recruiting and contracting with transportation providers; payment administration; quality assurance of services; and administrative oversight and reporting. Volunteer Transportation — Transportation provided by individuals or agencies that receive no compensation or payment other than minimal reimbursement for mileage for the provision of these transportation services. Wheelchair Van — A van equipped with lifts and locking devices to safely secure a wheelchair while the van is in motion. Work Day -- For purposes of establishing business hours and satisfying reporting requirements: a minimum of Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. with the exception of New Years Day, Memorial Day, July Fourth, Labor Day, Thanksgiving Day and the day after, and Christmas Day. AGENDA iTE Iron- Emergency Medicaid Transportation Act. Form Rev. 10/3.03 Page 44 of 44 OCT 14 2003 U Pg. � EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL TO AWARD RFP # 03 -3505 "TRANSPORTATION ROADWAY ASSET INVENTORY DATABASE" AND AUTHORIZE STAFF TO COMMENCE NEGOTIATIONS. ESTIMATED FISCAL IMPACT TO BE $250,000. OBJECTIVE: To receive Board approval of Committee's selection of firm for professional services for data collection related to roadway asset inventory and authorization to begin contract negotiations for subsequent Board approval of contract. CONSIDERATIONS: The Transportation Service Division maintains a comprehensive inventory of roadway infrastructure assets. To maximize the life of all the roadway infrastructure assets with the least overall cost, the Transportation Services Division needs to record and report on its value and condition of all existing assets. To meet that requirement, the Transportation Services Division needs to develop a highly accurate geographic information system of all County roadway system and all transportation roadway assets. Pursuant to meeting that goal, an RFP was publicly advertised on March 21, 2003. Notices were sent to 249 firms with 90 firms requesting full packages. Four responses were received by the due date of April 18, 2003. A Selection Committee meeting was held on May 28, 2003, and after review and discussion of the proposals; the committee selected two firms, Transmap and Space Imaging, as finalists for consideration, however, it was determined that additional clarification of some proposal information was needed in order to make a decision as to the final ranking. Questions were composed by the committee, and submitted to the finalists. The finalists were requested to present the answers directly to the committee in the form of a presentation. The presentations were given on June 27, 2003. Following the presentations, a Selection Committee Meeting was held, and the final ranking, by consensus was as follows: 1. Transmap 2. Space Imaging During the course of Transmap's presentation, they used a former Selection Committee Member and currently contracted County GIS Consultant as part of their presentation team. Due to potential conflict of interest concerns, the decision was made to make the final shortlist recommendation subject to an inquiry as to the relationship between the consultant and Transmap. After review of the information submitted by Transmap and the consultant, the Purchasing and General Services Director determined that Transmap's proposal should be disqualified. The Selection Committee was reconvened on July 30, 2003 to discuss whether to approve the second ranked firm for selection, and during the course of discussion, it was determined that there were several issues related to the collection and application of the data that were unresolved. For these reasons it was decided by the Committee that it would interests of the County to reject all proposals. Subsequent to this decision, the _]_ P3- I - Administrator reviewed the Selection Committee's recommendation and requested that the Selection Committee reconvene to reconsider the award based on his determination of the business and operational needs of the division. A Selection Committee meeting was held on September 15, 2003 whereby the Committee was briefed by Mr. Feder as to his reasons for requesting reconsideration of the project award. After discussion and review of the stated operational requirements, by consensus, the committee recommended award of the contract to Space Imaging as the available qualified firm. With Board approval, negotiations will commence with this firm. FISCAL IMPACT: Funds in the amount of $250,000 are available in the County -Wide Capital und (301) F under the GIS project (50014). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact result from this project. RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Committee's selection of firm. (2) Authorize staff to begin Contract negotiations. SUBMITTED BY: Beth Yang, Senior GIS Analyst REVIEWED BY: �ppk�_- &A lR , Bert Miller G.I.S Project Manager REVIEWED BY: APPROVED BY: APPROVED BY: .r Steve W Director Feder, Transpd4ation Administrator James Mudd, County Manager wa Date:/ O G' Date: Date: 10 Date: L ` __�> Date: A�GENp � OCT 1 2003 'a EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 03 -3513 -- PURCHASE & DELIVERY OF WALLACE & TIERNAN LIME SLAKER TO LOC PUMP & EQUIPMENT, INC. IN THE AMOUNT OF $85,474. OI,JECTIVE: To replace a 1984 lime slaker which is beyond its useful life and in order to maintain reliability to mix lime for the lime softening water treatment process at the South County Regional Water Treatment Plant. CONSIDERATIONS: On June 9, 2003, six packages were sent to vendors advising of the above bid. On July 2, 2003, one bid from LOC Pump & Equipment, Inc. was opened. Staff received two Non - Bidder's Responses indicating that the factory would bid the equipment through its factory representative; LOC Pump & Equipment, Inc. Upon review of the bid, Staff recommends that Bid No. 03 -3513 be awarded to LOC Pump & Equipment, Inc., as the lowest, qualified, and responsive bidder based on the total bid. See the attached Bid Tab. The bid package included alternates for Installation and Start-Up Service. which Staff recommends also be accepted. FISCAL IMPACT: Funds in the amount of $85,474 are available in the County Water Capital Projects Fund (412) in the Facilities and Equipment Rehab project (70057). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this award. RECOMMENDATION: That the Board, Ex- Officio the Governin-, Board of the Collier County Water /Sewer District. award Bid No. 03 -3513 to LOC Pump & Equipment. Inc. for the purchase of the Wallace & Tiernan Lime Slaker. SUBMITTED BY:_ if REVIEWED BY: Steve REVIEWED BY: SCRWTF Plant Mechanic no, SC,RWTF SuperintQXent Steve Cari*ll, Purclidsing and General Services Director REVIEWED BY� aul Mattausch,/W�ater Di for APPROVED BY: G� nreLonv, P.E., Pub Utilities Administrator DATE: :111 03 DATE: DATE: q17141110(;1 DATE: � 1) AT0. 5 0_;�> AGENOA ITEM N0. OCT t 4 2003 PG. f pq Cw,6t-i --i -a m c o -! o -o � r CL 30 CD C) W wM CD CA w CD o O CD W CD � v CD -I n� � O N d m 0 L 3 -n 0 N rn n 0 CD 3 � ] (a N v cn D CD D a V, AGENDA ITEM�� OCT 14 2003. r- p L 3 =r (� (D CL v � m co S • rl r m � m n o Z E ev nl n '' v c �! N Z cn 'L1 _ o eo 2 m n m CD 0 CJ; cn o) N w 0 3 c c w cl) 3 3 obi o a N o y — c c W 0 N 3 3 o s� 4be r v n 0 C O ME O � r= °0 o o o n O O --i -a m c o -! o -o � r CL 30 CD C) W wM CD CA w CD o O CD W CD � v CD -I n� � O N d m 0 L 3 -n 0 N rn n 0 CD 3 � ] (a N v cn D CD D a V, AGENDA ITEM�� OCT 14 2003. EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 03 -3541 — PURCHASE OF ONE (1) CARBON DIOXIDE SYSTEM TO TOMCO2 EQUIPMENT COMPANY IN THE AMOUNT OF 573,650. OBJECTIVE: To replace a 1984 carbon dioxide system which is beyond its useful life and is required for Ph adjustment and stabilization of carbonate hardness. CONSIDERATIONS: On June 6. 2003, one hundred forty -six (146) notices were sent to vendors advertising the above bid. Four packages were sent to prospective bidders, and on August 13, 2003, one bid from Tomco2 Equipment Company was opened. Upon review of the bid, Staff recommends that Bid No. 03 -3541 be awarded to Tomco2 Equipment Company, as the lowest, qualified, and responsive bidder based on the total bid. See the attached Bid Tab. The bid package included the price for an additional compressor /condensing unit and Staff recommends that the additional unit be purchased to provide reliability for the carbon dioxide system since the unit has a long lead time. FISCAL IMPACT: Fluids in the amount of 573,650.00 are available in the County Water Capital Projects fund (412) in project Facilities and Equipment Rehab (70057). GROWTH MANAGEMENT IMPA,_ T: There is no growth management impact associated with this award. RECOMMENDATION: That the Board. Ex- Officio the Governing Board of the Collier Countv Water /Sewer District, award Bid No. 03 -3541 to Tomco2 Equipment Company for the purchase of the Carbon Dioxide System. SUBMITTED BY: � —��"' "'` Jim F� er, SCRWTF Plant Mechanic REVIEWED BY: Steve ang, S 'RWTF Supe ter ent��% REVIEWED BY: Steve am 11, Purchas,' g and General Services Director REVIEWED BY: P ul : Mattau2i97 -for APPR OVED BY lam W. DeLony. P.E., P iblic Utilities Administrator DATE: a2 03 DATE: 471 �14�3 DATE: 9 12- 10 DATE: DATF� F M 003 Or _ } � � > CD k� ; cr 0 co rn ro ea co wo ON 4�. AGE A k. OCT 4 2M3.1 PG. C) �� / A \ § CD 0 EP 0 r> ct a c \/ ct CD C CD c - z / \ _ \ CD ro Q6 w > = ID 0 = CD $% ) \/\ / \ /� iA Z 0 22 \ \/ ¥4 z C) 0) > cn C> Or _ } � � > CD k� ; cr 0 co rn ro ea co wo ON 4�. AGE A k. OCT 4 2M3.1 PG. EXECUTIVE SUMMARY APPROVE THE 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. FISCAL IMPACT IS $36.00 TO RECORD THE LIENS. OBJECTIVE: Approve the 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. CONSIDERATION: Authorize the filing of satisfaction of liens, for previously recorded liens that have subsequently been paid. SEE ATTACHED 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. 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 IMPACT: Recording the Satisfaction of Liens is approximately $36.00 and will be charged to MSTD General Fund (111) — Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. 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. LAGENWDA f2063]O Prepared by: --'\ a \,_ � Date: G, II �G3 Pam Callis, Revenue Supervisor Utility,pdiing and Customer Service Reviewed by: 1, Date: S --2 resa A. Riesen; Revenue Manager Utility Billing and Customer Service Reviewed by: �r,�; c�-e^� LV — -Daterr z -t' J o M A. Yonkos_k�_ irec r Util Billing an s m r ervice CT .� Approved by: Date: J es W. DeLony, P. , Administrator Public Otilities Division NO. AN A TEN OCT f 4 2003 EXHIBIT "A" 1. Hopkins, Claude, Shelia A. & Floretta, Folio # 77262560007, Lot 7 and 8, Block 3 Unit 2, Trail Acres. Res. # 2002 -497 2. Hopkins, Claude, Shelia A. & Floretta, Folio # 77262560007, Lot 7 and 8, Block 3 Unit 2, Trail Acres. Res. # 2002 -495 3. Hopkins, Claude, Shelia A. & Floretta, Folio # 77262520005, Lot 7 and 8, Block 3 Unit 2, Trail Acres. Res. # 2002 -492 4. Hopkins, Claude, Shelia A. & Floretta, Folio # 77262520005, Lot 7 and 8, Block 3 Unit 2, Trail Acres. Res. # 2002 -494 5. Hopkins, Claude, Shelia A. & Floretta, Folio # 77262560007, Lot 7 and 8, Block 3 Unit 2, Trail Acres. Res. # 2002 -493 6. Santoro, Frank, Folio # 22421040009, Lot 28, Arlington Terrace. Res. # 2001- 381 �. AGWA ITEl1� G OCT x 4, 2003- Ps. 3 EXECUTIVE SUMMARY ADOPTION OF A RESOLUTION APPROVING SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 2003 TAX YEAR. THE FISCAL IMPACT IS $16.00 TO RECORD THE RESOLUTION. OBJECTIVE: That the Board of County Commissioners as the Governing Body of Collier County and Ex- Officio of the Governing Board of Collier County Water -Sewer District adopt a resolution approving the deferral of sewer assessments pursuant to the hardship program that was adopted in the year 1994. CONSIDERATIONS: On March 8, 1994 the Board of County Commissioners adopted an assessment hardship program that provides annual assistance for property owners who are living below the poverty level and who are at risk of losing title to their homes as a result of each assessment. Staff reviewed the applications for the next fiscal year and determined the portions available for deferral according to the Federal Poverty Guidelines and other specific criteria set by the Board. The deferred amounts will not appear on the 2003 tax bills. Each property owner must renew his /her application on an annual basis. Property owners who qualified are identified as follows: Project Account Number Deferred Amount Percent of Deferral 51000 255651 $ 224.39 70% 51000 230605 $ 269.27 100% 51000 361655 $ 149.59 70% 51000 450508 $ 338.75 90% 51000 406808 $ 320.56 100% The County Attorney's office has reviewed this for legal sufficiency. A GgA EM tj i- OCT 4 20G3 E PG. FISCAL IMPACT: The fiscal impact of the proposed deferral for 2003 is $1,302.56, Sufficient funds are available in the Collier County Water -Sewer District debt service fund to ensure compliance with current debt service requirements. The recording cost of this resolution in the public records will amount to approximately $16.00, which is to be charged to the County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Utility Billing and Customer Service Director recommends that the Board of County Commissioners, Governing Body of Collier County and Ex- Officio the Governing Board of the Collier County Water -Sewer District, approve the 2003 sewer assessment deferrals and authorize staff to make appropriate adjustments to the assessment rolls prior to tax bills being issued and adopt the attached Resolution. AGENDA DATE:_Qctober 14, 2003 PREPARED BY: c,_, Date_ Cl -9 L%3 Pam Cal", Revenue Supervisor Utility,j3i ling & Customer Servi,. Department Date REVIEWED BY: Teresa Riesen, Solid Waste Revenue Manager Util4 Billing & Customer Service Department REVIEWED BY:. John A. Yonkosky;'bir p4ltor —� Utility B ling & C s mer Service Department APPROVED BY: am s W. DeLony P.E. Administrator Pub c Utilities Divisio 2 Date AGENDA I Et, r / 40. / 6 ` f/ OCT 1 4 2003 PG. 4 96-4 p °i c^ v_ on, r- LO Q Z N D M No c � W p O LL W Q p QI O co co co co co O O O O W N N N N N CD JZ co Wr c')W (n° CO �F—N 00 mN 00 QO oo >N C) 00 W0N oocnv oo ON T- 0p O OF Ozn0 O QF OW O ZF Lt) W a N oC O 05 y J CO Of- O CO J O O Q O F- J� r C3J DO[Q � :E J �JJ D 2i _j W 0U 00 F° DOY 00 m Y �_ W LLI O ZW Cv Zm Nmm � H m ^4 � p� p O V- O + a O OH O ~ O m OzW YN z O U? O O w Ocr O O0 O O O Q O� O LL LL LL z H m_ X w m H N U m F- 'IT W W It Q Q W N W N W N W N WU fn �WCnO >Z� _IJ� f m >r mDZ� �w w cnzQv aQv >>z v ~Cc� Ooczd W m OZWM M -jm WWW M zpco F- UWco (n0 p mWW C3>- pp> 4 > =d Q ZpmoULL mU)LL ZZO m CQ�0LJL JQaLJL F- p oC W m( Q cn O O O cn U F- cn cn uj cn D Q Z U W > m W LL LL O W D W Q W W cn Lu Y�?¢ cr < w °z a >�a JEE¢a Z z Z 0 N Z O m J Z J Z Z � Q m Z Z o z� 02rn 0O cn�00 U rn U J N N N L Q Q C=) N O C17 H Z LO O D O O = LO O O O co OU N N cl) 'T � U Q 0 o O o 0 Cf) 00 00 O O O p in LO LO n cn f AGEt}0 ITEM , N0. / OCT 1 4 2003 rc. •3 r RESOLUTION NO. 2003 - RESOLUTION N0. CWS -2003- RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, APPROVING THE SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 2003 TAX YEAR. WHEREAS, the Board of County Commissioners in its individual capacity as the Governing Body of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, (hereinafter referred to as the "Board ") established by Resolutions No. 96 -358, and No. CWS -96 -9 a program for the deferrals of special assessments for water and /or sewer improvements for homeowners who qualify under said Resolutions; and WHEREAS, Section Eight of said Resolutions provides that the Board shall approve by resolution the special assessment hardship deferrals which shall include the property owner's name, mailing address, legal description of the property, property folio number, the name of the special assessment district, account number and the amount of the annual special assessment payment being deferred. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT THAT: 1. The owners identified on Exhibit "A" have been approved for the special assessment hardship deferral. 2. This Resolution shall be recorded in the Public Records of Collier County, Florida. 3. This Resolution shall become effective immediately upon its adoption. AGE�10 ITEM M0. / OCT "'1 4 2003 PG. 't THIS RESOLUTION ADOPTED after motion, second and majority vote this day of , 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY By: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: Robert Za ary Assistant County Attorney AGENDA ITEM NO. 16 C- �4 z OCT 4 2003 PC.. Q 1-- m 2 X W Q m c? r- N m Lt) —i L0 t` o LC) WNWN LLI Ct F- Z Q N CU) O Z M cD »z W W W v M � cOv U) W O The C7> LL' � U 0 co cl) CL LL Z m U Q z U W CO Cn > m W Z Z 0 O LL LL W LJL W Z LL U' N Q W Q Q� J LL LL Qp Q> w0> J � J Q W W QUCEJ W Q � W Q WW O_ >�0_ JFrC :O_ Z Q m Q cc a M o ONZ Z r co 0 M 0 JZZ co 0 M } N O O C\l O c\j N O Ui O Q Z o O(o W N O W r` J N CnOco Wp CD U) O �N O OF- O rn oo OH o0� c) 0 o 0 2iQ� O� C) o o ZF' H J L -i -j Y� O m o -j M - j (D 2 -1 U �!U ir) (D 00 F-� MOY _ co 00 00 __ N= o W � O N W N Z 00CJ O co v W 00Y Q � Z Q O O W ] + O J o 0 o 0 00 M O O O 0 0 �Z w Q �IL _ LL LL O z Z O S z O W Oz O fN - Q Lr) O L0 O O Q O? O O LL LL LL z LL LL WU � UWV70 < >Zo —i N CWT WNWN � W 3 Q CU) O Z M QQv J M »z W W W v M EE Z o M Ocl zv H U W M U) mwW LL' C7> LL' ��> U 0 Q > J 2 CL Q Z Z m U Q z U W CO Cn > m W Z Z 0 O LL LL W LJL W Z LL U' N Q Y�� Q� J LL LL Qp Q> w0> J � J Q W W QUCEJ W �Q ZZ � W Q WW O_ >�0_ JFrC :O_ Z Q m Q O ONZ Z r WZ Z W Z JZZ �QCoz Z O v Quern 0Q C!)O_00 Ui U J N N N N W O rn Q rn Z ir) (D p Wo L0 co 00 o0 00 00 O U N N c07 L o U Q �I o 0 o 0 00 0 0 0 0 0 0 Q ZI 0 0 0 Lr) L0 in U') AGENDA IT4 �.1 OCT 1 4 2003 PG. 4 EXECUTIVE SUMMARY APPROVE WORK ORDER CDM- FT -03 -03 FOR ENGINEERING SERVICES TO SEEK MODIFICATION TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER USE PERMIT FOR WITHDRAWAL OF WATER FROM THE GOLDEN GATE TAMIAMI WELLFIELD IN THE AMOUNT OF $87,500 PROJECT 70158 OBJECTIVE: To improve the reliability of the County's potable water production facilities by matching the allowable withdrawal of water from the Golden Gate Tamiami Wellfield with the permitted capacity to use this water at the County's two regional water treatment plants. CONSIDERATIONS: The South Florida Water Management District ( SFWMD) is the agency that regulates the allowable withdrawal of water from the County's public water supply wellfields. In 1997, the County's Water Use Permit for the Golden Gate Tamiami Wellfield temporarily provided an annual allocation of 7.601 billion gallons. SFWMD granted the temporary allocation until such time as the North Plant RO Expansion was completed. The 1997 annual allocation equated to an average daily withdrawal rate of 20.83 million gallons per day (mgd). When the permit was renewed in 2001, SFWMD returned the annual allotment to the original 6.868 billion gallons which is equivalent to an average daily withdrawal rate of 18.82 mgd. The Florida Department of Environmental Protection (FDEP) is the agency that regulates water treatment plants. The County's two existing treatment plants are permitted to treat both fresh ground water sources and brackish water sources. The Golden Gate Tamiami Wellfield supplies the County's source of fresh groundwater. It takes 12.4 mgd of raw Tamiami water to make 12 mgd of finished water at the South Plant. It takes 13.2 mgd of raw Tamiami water to make 12 mgd of finished water at the North Plant. In summary, the County's treatment plants are permitted to make 24 mgd of potable water from a Tamiami Wellfield supply of 25.6 mgd. The current allowable water supply from the Tamiami Wellfield is less than the volume of water required to match the permitted production capacity by 6.78 mgd (25.6 — 18.82). AGENDA ITEj N0. /a� 0 C T 1 4 2003 PG. Executive Summary Amend Work Order CDM- FT -03 -03 Page 2 The proposed modification to the SFWMD Water Use Permit will improve system flexibility and reliability by providing a back -up in the event of an unplanned system failure of the existing brackish water facilities. Staff negotiated a proposed work order with the Consultant and determined the scope and fees to be fair and reasonable. The Consultant is already familiar with the existing permit because they prei iously provided services to assist with the County's most recent permit renewal. The proposed scope includes an update to the Consultant's existing database of information to reflect operating data since the 2001 permit renewal. However, data to support a request for an increase in the annual allocation of water is uniquely different from the data gathered previously as part of the most recent permit renewal process. Additional data is needed to be able to evaluate the impacts of competing uses of groundwater over an expanded area of influence. The proposed scope includes additional data gathering such as: I. Water quality and water levels in area monitoring wells 2. Permitted uses of all wells in the wellfield area 3. Area -wide land use changes relative to competing demands The scope and fees are more fully described in the attached work order. FISCAL IMPACT: Funds in the amount of $87,500 are available for this project. The intent of the proposed work is consistent with the intent of funds budgeted in FY 03 for Project 70158, Lower Tamiami Well Replacement Program, as approved by the Board on September 18, 2002. The proposed work to improve system reliability is consistent with the 2002 Update to the Water Master Plan as adopted by the Board on February 25, 2003 as agenda item 10(A). Source of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this project. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex- officio Governing Board of the Collier County Water -Sewer District, approve and authorize the Public Utilities Engineering Director to execute Work Order CDM- FT -03 -03 related to modifying the SFWMD Water Use Permit for the Golden Gate Tamiami Wellfield, Project 70158. SUBMITTED BY: ed Date: Karl W. Boyer, P.E., Utilities Engineering Principal Project Manager rCAGE�A ITEM �� ..,'..- Vii_""`_' -� O T 14 2003 P6. -2- Executive Summary Amend Work Order CDM- FT -03 -03 Page 3 REVIEWED BY: _!L..a ,41 J' Date: Stephen Y. Carnell, Purchasing D' e'ctor REVIEWED BY: Date: Paul Mattausch, Water Director REVIEWED BY: Date: Roy B. Anderson, P.E., Utilities Engineering Director APPROVED BY: t-6e- Date: S pC�° Jam *.eLcny. P.E., Publi tilities Administrator AGE ITEM No C., O.CT 14 ZMI3 PC. WORK ORDER #CDM- FT -03 -03 Agreement for Fixed Term Utilities Engineering Services Contract #00 -3119 Dated April 10, 2001 This Work Order is for professional engineering services for work known as: Project: Golden Gate Wellfield Water Use Permit Modification The work is specified in the proposal dated September 3, 3003, which is attached hereto and made a part of this Work Order. In accordance. with the Terms and Conditions of the Agreement referenced above, Work Order CDM- FT -03 -03 is assigned to Camp Dresser & McKee, Inc. Scope of Work: Task 1 - Conduct a background data search on the impacts of historic pumpage Task 2 - Develop a permitting strategy for presentation to senior District staff. Task 3 - Determine the best application method to obtain the requested allocation increase. Task 4A - Submit an application for modification of the Water Use Permit. Task 4B - Complete modeling work to support the permit application. Task 4C - Complete field testing to support the permit application. Task 5 - Additional services as authorized by County. Schedule of Work: Complete work within 24 weeks for Tasks 1 through 4A from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task 1 $ 5,000 (lump sum) Task 2 $ 3,000 (lump sum) Task 3 $ 4,500 (lump sum) Task 4A $ 10,000 (lump sum) Task 4B $ 20,000 (time and reimbursable costs) Task 4C $ 30,000 (time and reimbursable costs) Task 5 $ 15,000 (time and reimbursable costs) TOTAL FEE $ 87,500 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule PREPARED BY: A�� &��- — Karl �144' yer P.E., PU�jPrincipal Project Manager AUTHORIZED BY: Z�/'( - �C1 G� Paul i attausch, Water Director APPROVED BY: 1" of the Agreement. —�' Date Date Roy B. Anderson, P.E., Utilities Engineering Director Date Approved as to Form and Legal Sufficiency: ACCEPTED BY: Assistant County Attorney Date: I% 3) o 3 Wittlesses J Fund: CC: G/L Account By: ') a � , Thomas M. Missimer, Vice President Camp Dresser & McKee, Inc. NO- AGENDA I Project Number: Oci I q 2003: PG, r rLF 9311 College Parkway, Suite 1 Fort Myers, Florida 33919 tel: 239432-9494 fax: 239 432 -9453 September 3, 2003 Mr. Karl Boyer, P.E. Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 P. U. E. D. '33 SEP —4 Ps I: 23 Subject: Proposal for Professional Services Golden Gate Wellfield Water Use Permit Modification Dear Karl: The South Florida Water Management District (SFWMD) water use permit No. 11- 00249 -W authorizes withdrawals from 32 wells tapping the Lower Tamiami aquifer in the Golden Gate Estates area for public supply purposes. The permit includes average and maximum daily withdrawal amounts of 18.82 MGD and 31.77 MGD, respectively. The combined softening treatment capacity of the North and South County water plants is 24.0 MGD. The County desires to increase the average day allocation from the wellfield to 24.0 MGD so that the existing, installed treatment capacity of the two plants can be utilized. No increase in maximum daily allocation will be requested. We can assist the County with this endeavor in the manner described below. A permitting effort will be undertaken with the SFWMD to request an increase in the annual water use allocation from the Golden Gate (Lower Tamiami aquifer) wellfield. An average daily allocation of 24.0 MGD will be requested in order to meet the combined raw fresh water demand of both the NCRWTP and SCRWTP. The consultant will conduct a background data review and then meet with senior SFWMD staff to discuss the proposed increase in allocation. Data obtained from wells monitored by the County or USGS and historic pumpage reports will be used to support the requested increase in allocation. Information available from other sources such as existing water use permits and applications will also be utilized. Evaluation of impacts for purposes of water use permitting typically involves analysis of peak period, dry season usage. It may be possible to secure the proposed increase in the annual allocation by stating there will be no change in the peak use or dry season impacts and then negotiating with district staff. It was a senior district staff member (Rick Bower) who suggested that an increase in the average daily allocation might be feasible. However, district staff may request additional data and /or supporting documentation in order to approve the allocation increase. Given the current Water Management District policy of "no new use" of the Lower Tamiami aquifer in the project site area, there is no guarantee that the requested increase in allocation will be granted. No field testing or detailed groundwater hydraulic modeling is proposed at this time. AGENDA ITEM NO.- C 12003 Work\Boyer\FTO 03LetR4 consulting - engineering • construction • operations C PG. )� 2003 ♦1 Mr. Karl Boyer, P.E. September 3, 2003 Page 2 The work will be divided into tasks as follows: Task 1 - Data Compilation and Analysis ($5,000 - Lump Sum) For this task CDM will conduct a background data search, which will include a compilation of water level data, water quality data, and water use data that has been collected by the County, USGS, and other agencies. The data will be reviewed to determine the impacts of historic pumpage on water levels and water quality in the wellfield area. Permit information from the District will also be required to evaluate the current status of water use in the wellfield area. Domestic well use in the area has increased over the past several years, however, overall water use may have been stable or declined due to land use changes and a reduction in agricultural use. Task 2 - Permitting Strategy ($3,000 - Lump sum) In concert with County staff, CDM will develop a permitting strategy for presentation to senior District staff. This will include two meetings with County staff. Our focus will be to show that historic pumpage has not caused adv( impacts to the environment, domestic wells, or other permitted users. Task 3 - Meetings ($4,500 - Lump Sum) CDM will present a case to District staff that the historic use of the Golden Gate wellfield has not caused any adverse impacts and the proposed modest increase in annual allocation will not cause problems. Discussions with District staff will be held to determine the best application method to obtain the requested allocation increase. This task will include up to two meetings with District staff (one local and one in West Palm Beach). The Task 4 alternatives describe scopes for three levels of work effort for application to obtain a permit allocation increase. There is no guarantee that the requested increase in allocation will be granted, however, CDM will provide a complete initial submittal package in the form preferred by District staff for the proposed increase in WUP allocation. CDM will complete the permitting services for Tasks 4 through 6 as authorized in writing by County staff. Task 4 - Application Submittal and RFIs Alternative 4A - Basic Submittal and RFI ($10,000 - Lump Sum) CDM will submit an application for modification of the WUP to increase the annual allocation, using population projections and water use demand data provided by the County. The previous permit application prepared for the County by CDM will be used as a basis for submittal. CDM staff will attend one local pre - application meeting at the local }finn �� AGEtjp/ /�� ITEM C.\2003 Work\Boye 03%l Fd L, Oct l y Z003. PG. Mr. Karl Boyer, P.E. September 3, 2003 Page 3 District office, and two meetings with County staff. In addition, CDM will attend one Governing Board meeting and provide a presentation at such meeting if required. Limited response to technical and operation questions District staff may have is included. No modeling or fieldwork is included in this task. Task 413 - Modeling and Additional RFIs ($20,000 - Time and Materials) CDM will submit an application for modification of the WUP to increase the annual allocation, using data provided by the County and the last permit application prepared for the County by CDM. CDM will modify existing models used to support previous WUP applications. CDM will attend one additional meeting with County staff and one local meeting with District staff. CDM will respond to up to two additional requests for information from the District, to clarify the initial submittal. Field testing is not included in this task. Alternative 4C - Testing, and Additional RFIs ($30,000 - Time and Materials) CDM will submit an application for moc i'ication of the WUP to increase the annual allocation, using data provided by the County and the last permit application prepared for the County by CDM. CDM will modify existing models used to support the previous WUP applications. CDM will attend two additional meetings with County staff and one additional local meeting with District staff. CDM will respond to up to three additional requests for information from the District, to clarify the initial submittal. CDM will do field testing as requested by District staff. Testing to be provided might include aquifer performance testing of water -table and Lower Tamiami aquifers. Also, detailed evaluations including coring and laboratory testing for permeability of the confining bed materials may provide data critical to the analyses. In -situ permeability testing via falling head slug tests may be appropriate. The extent and nature of testing to be conducted would be agreed on with District staff prior to commencement of the test program. Task 4 - Additional Services ($15,000 as authorized) We will provide additional services, at costs agreed upon by the County and Consultant and as authorized by the County, which may arise during the course of the work. Compensation to the Consultant for performance of Additional Services as well as the specific services to be performed and time of completion shall be approved by the County's project manager in writing in advance of performance of said Additional Services. Out of scope services must be identified by the Consultant prior to the performance of the work. Failure to notify the County in writing of out of scope services shall be deemed a waiver of any claim by Consultant that such services were out of scope services. Additional written _ yynn A�E� C.12003 Work \Boyer\ 03 03Ce1 ut-1 !�. 2003 PG.�� C ♦: u Mr. Karl Boyer, P.E. September 3, 2003 Page 4 authorization from the County will be required for any charges that exceed the predetermined upper limit. We appreciate the opportunity to offer our services to Collier County on this project and look forward to working with you and other members of the County staff. Please contact Kirk Martin or me if you have any questions or require additional information. Very truly yours, Wm. Scott Manahan, P.E. Water Resource Engineer CDM Missimer Enclosures AGC A ITEM CA2003 Work\BoyeAFT OXettScop 00 I LI 2W, PG. 8' EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING THE SUBMISSION OF A LOAN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE WASTEWATER CAPITAL PROJECTS PRE - CONSTRUCTION IN THE AMOUNT OF $7,556,000; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. OBJECTIVE: To approve a resolution authorizing the submittal of a low - interest rate loan application to the FDEP for wastewater capital projects pre - construction, and designating authorized representatives. CONSIDERATIONS: The 2002 Wastewater Master Plan was adopted by the Board of County Commissioners on February 25, 2003, Item # 10 B. The FY 04 capital budget was adopted by the Board of County Commissioners on September 18, 2003 and this budget included the capital projects identified in the Master Plan. The Impact Fee and Rate Study Report adopted by the Board of County Commissioners on February 25, 2003 (Items 8A, 8B, 8C and 813) recommended raising debt capital as a means of funding a portion of the capital projects recommended in the Master Plan. Collier County is seeking a low- interest State Revolving Fund (SRF) pre - construction loan from the FDEP in the amount of $7,556,000. These funds will be used for pre - construction loan funding for several Wastewater capital projects. The current SRF interest rate is 2.67 %. Alternatively, the conventional public -issue borrowing is likely to be around 5.04% resulting in an estimated savings in excess of $3,453,245 in debt service over the life of the loan. The County's 20 -Year plan for Wastewater facilities improvement projects is estimated to be approximately $645,000,000 (post - construction cost). Based on this, the, County qualifies for approximately $52,538,000 in pre - construction loans. In order to avoid prematurely taking loans for projects that will not be completed for several years, the County will apply for the pre - construction costs in a segmented fashion. The pre - construction loan for segment 1 will be $7,556,000 based on an estimated post construction cost of $81,509,000. The County anticipates that there will be at least five project planning segments corresponding with five pre - construction loan applications within the next 20 years. N6. aGE %(nIT� OCT 1 4 '1003 PG. / FISCAL IMPACT: This SRF funding source will be instrumental in allowing Collier County to proceed with these projects. The total cost estimate for these project is approximately 57,556,000 to pre- construct the wastewater capital projects and to meet the strategic directions set forth in the Master Plan. The debt is expected to be paid over a period of 20 years with an estimated annual payment of $583,042 commencing in FY 07. The total cost estimate is expected to be broken down as follows: Sewer Impact Fee Fund (Fund 413) $5,893,680.00 Sewer User Fund (Fund 414) $1,662,320.00 TOTAL ESTIMATED LOAN AMOUNT $ 7,556,000.00 This amount represents the pre - construction loan for the first segment, application for which will be submitted after the Board of County Commissioners adopt this Resolution. $44,982,000 is pending for future pre- construction segments. Requests for application for future segments will be brought to the Board of County Commissioners for approval if and when they are necessary. The debt service for wastewater user projects is paid from the sewer operating fund and the debt service for the impact fee fund projects is paid from the respective impact fee funds as follows: Sewer Impact Fee Fund (Fund 413) $454,773.00 Sewer User Fund (Fund 414) S128,269.00 TOTAL ESTIMATED DEBT SERVICE $ 583,042.00 It should be noted that the amount of loan and the debt service mentioned above are estimates only. The total loan and debt service amounts for the segment will be close to this estimate. However, the mix of the loan and debt service amounts within the four categories will change depending on the need analysis which will be performed on an on -going basis as projects shift their start dates. GROWTH MANAGEMENT IMPACT: The pre - construction projects to be initiated are consistent with the 2002 Wastewater Master Plan adopted by the Board on February 25, 2003, Items 10 A and 10 B respectively. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex- Officio Governing Board of the Collier County Water -Sewer District, adopt the attached Resolution and designating the Public Utilities administrator as an authorized representative. ITEM FeC�. C- OCT 1 4 200, rG. Prepared By: A--" Date. < / L-2 3 Bala M. Sridhar, Sr. Management & Budget Analyst Public Utilities Division Reviewed By: i. Date Ivy Wylie, P.E., Planning Project Manager Public Utilities Engineering Department %/2 F /d.3 Reviewed By: �eb�C Date: Thomas Wides, Operations Director Public Utilities Divison Reviewed By: Date: Roy Ey Anderson, P.E., Director Pub c Utilities Engineering Department Approved By: Date:G76'��> K es . D eLony, P.E., A ministrator c Utilities Division No. AGE ITjN /7 OCT 14 2003 PG. RESOLUTION NO. 2003 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE SUBMISSION OF A LOAN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE WASTEWATER CAPITAL PROJECTS PRE - CONSTRUCTION IN THE AMOUNT OF APPROXIMATELY $7,556,000; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE WHEREAS, Florida Statues provide for loans to local government agencies to finance the planning, design administration and construction of water pollution control facilities; and WHEREAS, The Florida Administrative Code requires authorization to apply for loans, to establish pledged revenues, to designate an authorized representative; to provide assurances of compliance with loan program requirements; and to enter into the subject loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates Project No. WW59716P as eligible for available funding; and WHEREAS, Collier County, Florida, intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for financing this project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT AS FOLLOWS: SECTION 1. The foregoing findings are incorporated herein by reference and made a part hereof. SECTION 2. The Board of County Commissioners of Collier County, Florida, as Ex- Officio the Governing Board of the Collier County Water -Sewer District is authorized to apply for a pre - construction loan to cover the costs associated with the administration, planning and design of wastewater facilities improvement projects. SECTION 3. The revenues pledged for the repayment of the loan are the Collier County Water -Sewer District's net operating revenues and Wastewater System Development fees. SECTION 4. The Division Administrator of the Collier County Public Utilities is hereby designated the authorized representative to provide the assurances and commitments required by the loan application. SECTION 5. The Division Administrator of the Collier County Public Utilities is hereby designated as the authorized representative to execute the loan agreement, which will become a binding obligation in accordance with its terms when signed by both parties. The Division Administrator of the Collier County Public Utilities is authorized to represent the Collier County Water -Sewer District in carrying out the Collier County Water -Sewer District's responsibilities under the loan agreement. N0. /AGENDA I TLV � OCT 14 20( PG. SECTION 6. The Division Administrator of the Collier County Public Utilities is hereby authorized to delegate responsibility to appropriate staff to carryout technical, financial, and administrative activities associated with the loan agreement. SECTION 7. The legal authority for borrowing moneys to construct this Project is the Florida Statutes. SECTION 8. Conflicts. Collier County Resolutions, if any, and all parts of such Resolutions, if any, in conflict with any of the provisions of this Resolution are hereby rendered inapplicable to this project, but only to the extent of such conflicts, if any exist. SECTION 9. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD DWIGHT E. BROCK, Clerk OF THE COLLIER COUNTY WATER - SEWER DISTRICT BY Deputy Clerk IM Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney TOM HENNING, CHAIRMAN AGE A I EM No. G OCT 1 4 2003 PG. _ EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE AND RECORD SATISFACTIONS FOR CERTAIN WATER AND /OR SEWER IMPACT FEE PAYMENT AGREEMENTS. FISCAL IMPACT IS $31.50 TO RECORD THE SATISFACTIONS. OBJECTIVE: Approval of and authorization for the Chairman to execute satisfactions for agreements to extend installment payment of water and /or sewer system impact fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex- Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and /or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the water impact fee (Fund 411) by $0.00 and sewer impact fee (Fund 413) by $71,470.00. The fiscal impact for recording the Satisfaction of Liens is approximately $31.50, which is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. AGEN A ITEM _ NO. c, x OCT t 4 2003 PG. Pre ared by. Y \ ' �I Date: `k b3 r Pam Callis, Revenue Supervisor Utility BiljiW9 and Customer Service Reviewed by: .1 Date: T esa A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by: Approved by: Date:1 2-� &3 Jph.h, A. Yonko�y, Dir UWty Wiling -ark C t er Service nel W. DeLony, P.E., A bli Utilities Division at inistrator ITEM N0._ AGEtWA 2 OCT 1 4 2003 PG. a- EXHIBIT "A" 1. Jeffery B. Johnston and Nancy A. Johnston, husband and wife, securing the principal balance of one thousand one hundred thirty dollars and no cents ($1,130.00). Folio #48482040006 2. SPIKECO, INC., a Florida corporate seal and the hands of its President, Jewell E. Foust, securing the principal balance of fifty nine thousand five hundred twenty dollars and no cents ($59, 520.00). Folio #00725440000 3. Winterview Court LTD a Florida Limited Partnership, securing the principal balance of ten thousand eight hundred twenty dollars and no cents ($10,820.00). Folio #33430120103 N0. AGEMOA ITEM OCT 1 4 2003 PG. 3 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Winterview Court LTD a Florida Limited Partnership Whose mailing address is 4173 Domestic Ave. Naples, FL 34104 Bearing the date of the 2nd day of March 1999, recorded in Official Record Book 2518 Page(s) 0932, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Ten Thousand Eight Hundred Twenty Dollars and No Cents ($10,820.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COMMENCE AT THE NORTHWEST CORNER OF TRACT B OF FOUR SEASONS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10 AT PAGES 95 THROUGH 97, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND RUN S00208'11 2"E FOR 31.00 FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID WINTERVIEW COURT; THENCE RUN S89 215'03 "E ALONG THE NORTH LINE OF SAID LOT 2 FOR 150.00 FEET TO THE "POINT OF BEGINNING "; THENCE CONTINUE S89 215'03 "E FOR 102.47 FEET; THENCE RUN S44 215'03 "E FOR 39.59 FEET; THENCE RUN N00908'12 "W 59.00 FEET TO THE NORTH LINE OF SAID TRACT B; THENCE RUN N89915'03 "W ALONG THE SAID NORTH LINE FOR 130.03 FEET; THENCE RUN S00908112 "E FOR 31.00 FEET TO THE "POINT OF BEGINNING ". FOLIO NUMBER: 33430120103 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2003. A6ENOA IT � � EN N0. OCT 1 4 2003 PG. �_ ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT Approved as to form and legal cy: OBERT ZA /0,1ARY TOM HENNING, CHAIRMAN AGENDA ITEM N0. OCT 1 4 2003 Pc. S Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Jeffery B. Johnston and Nancy A. Johnston, husband and wife Whose mailing address is 3645 Roberta Drive Toledo, Ohio 43614 Bearing the date of the 6T" day of October, 1999, recorded in Official Record Book 2598 Page(s) 3033, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Thirty Dollars and No Cents ($1,130.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. C -301 GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4 AT PAGES 153 -154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO -RATA INTEREST IN THE COMMON ELEMENTS AND COMMON PROPERTY OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 508, AT PAGES 165 THROUGH 224, INCLUSIVE, AS COMPLETELY AMENDED IN OFFICIAL RECORDS BOOK 939, PAGES 1170 THROUGH 1236, AND THE FINAL SURVEYOR'S CERTIFICATE AS RECORDED IN OFFICIAL RECORD BOOK 942, PAGES 52 THROUGH 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48482040006 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2003. r pGAUWA IT[m OCT 14 2003 . THENCE SOUTH 02 33' 05" WEST 765 FEET TO THE CENTERLINE OF A COUNTY DRAINAGE EASEMENT, ACCORDING TO AN INSTRUMENT RECORDED IN 60FICIAL RECORD BOOK 76 AT PAGES 127 AND 128 OF THE PUBLIC RECORDS OF SAID COUNTY; THENCE SOUTHWESTERLY 127 FEET ALONG SAID CENTERLINE TO A LINE BEARING SOUTH 02 33'05" WEST AND PASSING THROUGH THE POINT OF BEGINNING; THENCE NORTH 02 33'05" EAST 788 FEET TO THE POINT OF BEGINNING, AND FROM THE INTERSECTION OF THE EAST LINE OF STATE ROAD S- 951 WITH A LINE LYING 501.493 FEET SOUTH OF THE ESTABLISHED NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 892 23'55" EAST,1074.02 FEET, PARALLEL WITH THE SAID ESTABLISHED NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF TO ESTABLISH THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE SOUTH 892 23' 55" EAST 107.75 FEET; THENCE SOUTH 892 26' 55" EAST 17.23 FEET; THENCE SOUTH 02 33'05" WEST 788 FEET, MORE OR LESS, TO THE CENTERLINE OF A COUNTY DRAINAGE EASEMENT, ACCORDING TO AN INSTRUMENT RECORDED IN OFFICIAL RECORD BOOK 76 AT PAGE 127 OF THE PUBLIC RECORDS OF SAID COUNTY; THENCE SOUTHWESTERLY 128 FEET, MORE OR LESS, ALONG SAID CENTERLINE TO A LINE BEARING SOUTH 02 36'05" WEST AND PASSING THROUGH THE POINT OF BEGINNING; THENCE NORTH 02 36'05" EAST 810 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. FOLIO NUMBER: 00725440000 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal OB T ARY 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT TOM HENNING, CHAIRMAN NO. ACaEja C ITEM `, OCT 1 4 2003 PG. 7 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: SPIKECO, INC., a Florida corporate seal and the hands of its President, Jewell E. Foust. Whose mailing address is 1082 Henderson Creek Drive Naples, FL 34114 Bearing the date of the 21 st day of February 2002, recorded in Official Record Book 2985 Page(s) 0526, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Fifty Nine Thousand Five Hundred Twenty Dollars and No Cents ($59,520.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THAT CERTAIN PARCEL OF LAND, LYING, BEING AND SITUATE IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, MORE PARTICULARY DESCRIBED AS: FROM THE INTERSECTION OF THE EAST LINE OF S.R. S -951 WITH A LINE LYING 501.493 FEET SOUTH OF THE ESTABLISHED NORTH LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 892 23'55" EAST 1181.77 FEET, PARALLEL WITH THE SAID ESTABLISHED NORTH LINE OF THE SOUTH 1/2 OF THE SOUTH 1 /2; THENCE SOUTH 892 26'55" EAST 142.23 FEET TO ESTABLISH THE POINT OF BEGINNING; THENCE FROM POINT OF BEGINNING CONTINUE SOUTH 892 26'55" EAST 125.00 FEET; THENCE SOUTH 02 33' 05" WEST 744 FEET TO THE CENTERLINE OF A COUNTY DRAINAGE EASEMENT, ACCORDING TO AN INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 76 AT PAGE 127 OF THE PBULIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTHWESTERLY 127 FEET ALONG SAID CENTERLINE TO A LINE, BEARING SOUTH 09 33'05" WEST AND PASSING THROUGH THE POINT OF BEGINNING; THENCE NORTH 0° 33' 05" EAST 765 FEET TO THE POINT OF BEGINNING, AND FROM THE INTERSECTION OF THE EAST LINE OF STATE ROAD S- 951 WITH A LINE LYING 501.493 FEET SOUTH OF THE ESTABLISHED NORTHLINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 892 23'55" EAST 1181.77 FEET, PARALLEL WITH THE SAID ESTABLISHED NORTH LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2; THENCE SOUTH 892 26'55" EAST 17.23 FEET TO ESTABLISH THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE SOUTH 892 26'55" EAST 125.00 F ACEMOA ITEM fi0. It. f OCT 14 2003 PG. 6 ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal su F(OBERf ZAC Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT TOM HENNING, CHAIRMAN AGENDA ITEm N0. /lam, OCT 1 4 2003 PG. I EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD THE LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 94 -694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94 -694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90 -30, as amended, provides that Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1993 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1993 Solid Waste Collection Services Special Assessment Lien. A7NDA� T �w N0. / OCT 14 2003 vc. / Prepared by: C IXIIN Date: Ck L\ Pam Calli , Revenue Supervisor Utility ' ing and Customer Service Reviewed by: �` �� -"' Date: Teresa A. Riesen, Revenue Manager Utility_Billing and Customer Service Reviewed by: Approved by: Johri� Yonkosky,D Utilit -W, ling a o 9ts dames W. DeLony, P Publi, Utilities Divisio, Date:_ c .5 iOService F) Date: , Administrator, AGENDA ITE N0. OCT 1 4 2003 PG. -2- RESOLUTION NO. 2003- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94 -694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94 -694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No. 9085 This Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and le al. < ici y: David C. eiget County Attorney day of 2003, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA lIM TOM HENNING, CHAIRMAN AGENDA ITEM Ho. G OCT 14 20 3 PG. ,3 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 35999960006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: STEINMANN, BRADFORD W= & BRENDA 446328 TH PL SW Naples, FL 339990000 The Lien was recorded on the 12th day of September 1994, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 3 BLK 100 LOT 12 OR 1587 PG 2059 Folio No. 35999960006 Project No. 63000 Account No. 9085 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency RbBERT ZAqVKAY TOM HENNING, CHAIRMAN AGENDA ITEM N0. el OCT 14203 PG. EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 95 -475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95 -475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90 -30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1994 Solid Waste Collection Services Special Assessment Lien. AGE DA ITEM O KQ .._�_ OCT 1 4 2003 AG. Prepared by: 2- ,• ti Date: a� 3 -\ Pam Callis, Revenue Supervisor Utility B ing and Customer Service Reviewed by: Date: Teresa A. Riesen, Revenue Manager Utility Billing and Customer ervice Reviewed by: `� �f �- Date-cif_� Approved by: John . Yonkos4cyTl� ec r , Utility- ' ling and C st Service Ja s W. DeLony, P.E. yldministrator ublic Utilities Division Date: exe AGENDfITEM 140.O CT f 3 PG . � RESOLUTION NO. 2003- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95 -475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95 -475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 14038 This Resolution adopted this ___day of 2003, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to form and le avid C. W i ei County Attorney AGEM� ITEM NO. / C' OCT 1 4 2003 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No: 39384560004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Shepherd, Darrell S 3100 North RD Naples, FL 339420000 The Lien was recorded on the 14`h day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 51 S 75 FT OF N 180FT OF TR 39 OR 1832 PG 1550 Folio No. 39384560004 Project No. 64000 Account No. 14038 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By Approved as to form apd I u iency�� R BE T HARY TOM HENNING, CHAIRMAN ADEN A ITEN CD N0. OCT 1 4 2003 PG. EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $16.50 TO RECORD LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 20 -237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 20 -237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90 -30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $16.50, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. NQ. AGENDA ITEM I t 1 le OCT 1 4 2003 PG. / Prepared by: orw. (C�2044 Date: aL� u _ Pam CNi`n� Revenue Supervisor Utility and Customer Service Reviewed by: /i'` A/"----°° Date: �•�S� Teresa A. Riesen, Revenue Manager Utility Billing and Custofqer Service Reviewed by: Approved by: A. Yonkeskk�, D' LBilling an sto., er Service ' Sa md� W. DeLony, P Publi Utilities Divisio Administrator Dater -� Pl AGEry% I NO. / (p OCT 1 4 2003 PG. °'L RESOLUTION NO. 2003- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000 -237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000 -237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 29861 This Resolution adopted after this _ day of 2003 after motion, second and majority vote. NO•AGMA ITEM`1 OCT 1 4 2003 PG. 3 DATED: BOARD OF COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: Approved as to form and legal suffic' y: �-- --} David C. eigel County Attorney TOM HENNING, CHAIRMAN AGENDA ITEM lac lk No. O C T 1 4 2003 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 68827503858 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Scherer, Hubert P =& Diana E 536 Raven Way Naples, FL 341101166 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: QUAIL CROSSING BLK B LOT 35 OR 1640 PG 1684 Folio No. 68827503858 Project No. 66000 Account No. 29861 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and le iency to OBE A 61H ARY TOM HENNING, CHAIRMAN 40. )V A ITEM o. G OCT 1 4 2003 PG. �` 1-- EXECUTIVE SUMMARY APPROVE SUBMISSION OF A REQUEST TO THE U.S. ARMY CORPS OF ENGINEERS TO INITIATE A COLLIER COUNTY SHORE PROTECTION PROJECT, AND APPROVE COORDINATION WITH CONGRESSMAN GOSS'S OFFICE TO PURSUE A CONGRESSIONAL RESOLUTION IN SUPPORT OF INITIATING THE PROJECT OBJECTIVE: To obtain approval of the submission of a request to the U.S. Army Corps of Engineers (USACE) to initiate a Collier County Shore Protection Project and to coordinate with Congressman Goss's office to pursue a Congressional resolution in support of initiating the project. CONSIDERATIONS: Many beaches in the County are erosional and have historically been renourished with local and some state funding. The federal government has a shore protection program to aid local communities with beach renourishment and many coastal counties in Florida benefit from this program. Congressional authorization, in the form of a resolution, is required to initiate a large shore protection project. This process can take about a year. Once approved, the first phase would be a federally funded reconnaissance study that would determine the federal interest, based partly ,-- on a cost - benefit analysis and degree of public access. This phase would last approximately one and a half years. The second phase feasibility study would require 50% non - federal funding and would last approximately three years. The third phase review could be another two years and the follow -on Congressional authorization is typically provided only during even - numbered years. The fourth phase design typically takes another year or two and finally the construction phase could take two to three years to work out the final cost - sharing agreements (up to 65% federal funding), obtain easements and perform the construction. In order to initiate a project, a letter needs to be sent to USACE and a Congressional resolution needs to be sponsored. Informal discussions with USACE staff and Congressman Goss's office have been positive. FISCAL IMPACT: There is no current fiscal impact related to this action. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to send the attached letter requesting that USACE initiate a shore protection project and authorize staff to coordinate with Congressman Goss's office to pursue a Congressional resolution in support of the project. AGENDA ITE N0. ,Me_ O C T 1 4 2003 PG. Executive Summary Shore Protection Project Page 2 SUBMITTED BY: Date: 3 Paul Kwa, P.E., Beach and Utilities Project Manager REVIEWED BY: �7GG��?�j Dater 03 Ron Hovell, P.E., Coastal Projects Manager REVIEWED BY: APPROVED BY: - �,-; A Date: ( ?-d c 3 , Public Utilities Engineering Director Date:.''" _ 1� E., Public Utilities Division Admi istrator Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 C CTS October 14, 2003 Mr. Jerry W. Scarborough, P.E. Chief, Coastal and Navigation Branch Programs and Project Management Division U.S. Army Corps of Engineers, Jacksonville District 701 San Marco Boulevard Jacksonville, FL 32207 SUBJECT: Collier County Shore Protection Project Dear Mr. Scarborough: On behalf of Collier County, I would like to request that your office initiate a Shore Protection Project. The area of interest lies between the Lee County line to the north and Gordon Pass near the south end of the City of Naples. Our staff is currently making plans to renourish portions of this area within the next two years with an estimated project life of eight years. It is our hope to establish a federal project before the following cycle. If you have any questions, please do not hesitate to call our Coastal Projects Section at (239)530 -5342. Sincerely, Tom Henning, Chairman' Commissioner, District 3 AGENDA ITEM N0. OCT 2003 PG. EXECUTIVE SUMMARY APPROVE AN ASSIGNMENT OF REIMBURSEMENT TO DEVELOPER AGREEMENT FOR THE COSTS OF CONSTRUCTION OF A WASTEWATER FORCE MAIN TO SERVE THE M & E TRAILER PARK OBJECTIVE: That the Board of County Commissioners in its capacity as the Governing Board of Collier County approve the attached Assignment of Reimbursement Agreement that assigns any rights to receive reimbursement to the original developer's successor and /or assigned. CONSIDERATIONS: On May 14, 2002, the Board of County Commissioners approved an Agreement for reimbursement of costs of construction of a wastewater force main to serve the M & E Mobile Home Trailer Park. Construction of the force main is completed and the mobile home park has connected to Collier County Sewer. The original agreement provided for total payment of the construction of the force main to be paid for by the property owner(s) of M & E Trailer Park or their heirs, successors, and assigns with the possibility of a proportionate share to be reimbursed if other property owners as identified within original agreement connect to the force main. The Warranty Deeds that reflect the ownership transfers are attached as an exhibit to this Executive Summary only. FISCAL IMPACT: The cost of construction is $70,813.00. Sufficient funds were appropriated in the Wastewater User Fees Capital fund (414). Project construction costs will be recovered from the property owner by monthly installments of $1,034.00 over seven (7) years using the current interest rate of 6 percent. Actual interest will be the same interest rate used for impact fee financing that changes annually. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners, as the Ex- Officio governing board of the County Water -Sewer District, approve the attached reassignment of agreement for reimbursement of costs related to construction of a wastewater force main to serve the M & E Trailer Park and record the Reassignment Agreement in Collier County Official Records AGEN EM pA IT NO..C. OCT 1 4 2003 PG. f REVIEWED BY: •.- ions Analyst uber, Senior Project Engineer 9 3o•Q,� REVIEWED BY: A John Yonkosky, Utillfy Billi g Director REVIEWED BY: /,�/v 3 / Thomas G. Wides, Operations Director APPROVED BY: Xr6-eVW. DeLony, Utiliti s Administrator No. 7,/,' E" 12) OCT 1 4 2003 PG. oZ aep ca U"J U-t: -trip MHKU I- UH I t5 h'H 2JU bU 3 :3173 P. 2 3218294 OR; 3338 PG: 2360 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 07/11/2003 at 00:23AN DWIGHT R. BROCR CLERK r ar by and mn, Retn: Marc F. Oates, P.A. MRC F OATBS 10001 Tamiami Trail North Suite 119 10001 TARIAHI TR H 4119 Naples, FL 34108 NAPLES FL 34108 239 -593 -3174 File Number: 01- 245.001 Will Call No.: Alwve This Line For Recording Warranty Deed e CONS 1200000,00 RIC FIE I5.00 Doc -.70 8100,00 This Warranty Reed made this 3rd day of July, 2003 between SpikeCo., Inc., a Florida corporation, 'formerly known as SpineCo, Inc., a Florida corporation whose post office address is 67 Queen Palm Drive, Naples, FL 34114, grantor, and Pelican Creek Investors Group, LLC, limited liability company whose post office address is 124 Rose Lane, Naples, FL 34114, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO / 100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida to -wit: See Attached Legal Description as Exhibit "A" Parcel Identification Number: 00725440000 Subject to taxes for 2003 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2002. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. AGENDAI ITEM N0. OCT 14 2003 PG. -� aep co UJ U-t: -top 19HKU r UH 1 tJ t'H ejz:1 !DZIJ .j 1 '/.j p. ;j Signed, sealed and delivered in our presence: Y 1 tness Name: Witness Nam :.c. -�� ...•��„� ny State of Florida County of Collier OR: 3338 PG: 2361 SpikeCo., lnc.,a Florida corporation Reba E. Foust, President (Corporate Seal) The foregoing instrument was acknowledged before me this if day of July, 2003 by Reba E. Foust of SpikeCo., Inc., a Florida corporation, on behalf of the corporation. She [_J is personally known to me or [X] has produced a drivers license as identification. [Notary Seal] Thomas Ftiwginc Notary Public My Commission 0011 B%71 aR�E Expires may 12.2W Warranty Deed - Page 2 Printed Name: My Commission Expires: AGE140A ITEM r� NO. -- OCT 1 4 2003 PG. 4 Sep ea ua u4:,-tap MHKU t UHIt5 PH 239 593 3173 p.4 *** OR: 3338 PG: Exhibit A TB =t ccrUtin p =rr1 of ]and. I,r1 n•,. bc±rtq and sittiutc ls� Section 3, 'township 51 South, u.- m 2u Est, Ca111er Cauat3'a Florid -, more particul=rl; described ::. From the izjOl_l:otian of the rat I-;nc of S. $. S -931 s$t;s a line 1 ^n; feet South or L- c=.�yL -,hmd Far -.2t iZ.; or the South 1/2 of tisa Sas_th 112 or Section 3, Tz,ashi 51 3-South ha Rsn�p 26 Fist, C.o1?1c- Cows B acid cst= bU=hcd r ParthF2{ ze ofl a South p/ 1/2 o" - Sc - :hcrco South 89' 25, 55" E:s� 1452.23 r =z to estabS�th the Poitst of BmrL-yti"z Thence f--= Pont or B2C+.mt:m eont'_nue Snot`s 89- 26► cr,•• Zwst 125 -00 :cat; thcrL South 0' 33' 05" trast 744 rcet to the centerLie or a C--=-,r Dz--dz r t, accer b to as last== �t X=corded in Oft'. c; ^_' S.:c=r is Boalt 76 at --age 127 of -he Public Records at Collier Co= --y, Plarida; ..bear-= Southsnestm— 1 � � a na, beasr�; soct:ts o 33 cab +' awes pi sin , ugh the Point of Beg: y; t.,%.-- Motes 0' 33 05% p 1 fr_t to :.h-. point of Bag --=MzS and Prom. tha :Later--ec=3-a= or the rZ -t 11-- of Sure Road 5-m Wt t2t a line ly^�g 502_1to3 feet swath or the estab of the South 1/2 or the s-¢ 2./2 of S_ ' To++ashi.P 2 Saut; , Rang-e 26 = ash Cats Cain, p*_�+ rva Soath 89' 23' 55 '- F.a_sr ''' 81.77 feet, ppr -2, c, with the sa:d es tabLhed Lo_-th '_i-sa of the Sputa 1/2 or #ne South 1/2; ttm =_ South 89' 26' 5 " 'East 17 -T' -& at to estahLh t's-_ paint or begin -i.g. R'n�� ^mss the }'= of Beg--�o ca -t��ue Sce� 89' 2h, 5 +• °a= : 129' - feet; thence soumb 0' " 05" hest 765 =ems `o tse - OC o+-atar' =^.e of s couaty Drainage ?: s�stit, to mm : eco= ced 3 Of_ ! col Record 30ok 76 at pages 127 ssd 128 0: the Pub'? c Bern --ds os std Count-X,- :.hence SaC2u +r3 c'-Y 127 :r_s z:oog 73zzLe. ce=ta- '-tae a i line bear-j=_- Sou-.b 0' 33' 05" nest a-d 3assiag - �.rauga the Point of zeg' ="-n S thence Lio_^.ts 0' 33, 05R E 783 _tieeG to the Paint of Bed, wad PSnat the iateZ-3ectioa of 'fie =- '_;►mss or Sate Road S-tjL vrith a u-'s= iYirso 501 -49j feet South of the estahlSshed North 'I'- of the South hat• of the South ' Sec a= ?, �:^- �. *-`-'r 51 Soup, �.e- 26 z.-- n -). S C=Mzr -- _D1ar.da, rum South 89' ' --02 23' S° M&_-t, 10741.02 feet p+rtl lei with the sa:d •s ab» zh-•+ Iior -.h 1,_ a 0= South half of he South hat-, =o es--kbllsh the ?oyat or Bed- my-sg- 4 , Memee boa the Paint or Be¢--4-R; centiaue Sanrh 89. 23, 55 Est lC7.i0 teat; thecsce South 89' 26' 55" Best 17.23 yea t; than=e South O' Mar 05° Sear 788. feet, ==M •or to the c�src =tea Of a Cc=ty Draiaaro Essmne¢t, aeco,eamb to as inx- --=CMt =c=orded i % ofS_ri -'I Yeaorr 30" 76 at Page 127 of --b- Public E:carda of sa=d Countly, then=: Soarbuesteriy 128 feet, more or lens', -3— cascl =nterline to a ;ine bcar -ng .outh C' 3 ?' 05" *.fcst and P —sirs; through -ba Point of = -eainr,; = 'scacc :r-7---h-o' 36' 05" Eat 3lo =Eats =o== or lcs., to the Point: of 3 Page i of I 2362 * ** m m Br 0 c o Q Zt tC � C m m fl�p� lb m y �a rr AUWA ITEM P40.- //. e- 13 0 C T 14 2003 PG. aeP c� u.3 u -►: -tZJ P MMKt. r uH l t5 rH Ja 5y i 1'1J P. b 2=ared by 'Ind return to.- Marc F. Oates, P.A. 10001 Tamiami Trail North Suite 119 Naples, FL 34108 239 -593 -3174 File Number. 01- 245.001 Will Call No.: Above This Line For Recording Warranty Deed This Warranty Deed made this day of July, 2003 between SpikeCo_, Inc, a Florida corporation, formerly known as SpineCo, Inc., a Florida corporation whose post office address is 67 Queen Palm Drive, Naples, FL 34114, grantor, and Pelican Creek Investors Group, LLC, limited liability company whose post office address is 124 Rose Lane, Naples, FL 33114, grantee: (Wbenever used herein the terms •'gantor' and "_Wmtee" include all the parties to this instrument and the heirs, legal and the successors and asvgns ofcorporatiow, trusts and trustees) ga represer[tatives, and assigns of individuals, Witnesseth. that said grantor, for and in consideration of the sum of TEN AND N01100 DOLLARS (510.00) and other good and valuable considerations to said grantor in hand paid by said grantee. the receipt whereof is hereby acknowledged. has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever. the following described land situate. Iy-ing and being in Collier County, Florida to -wit: See Attached Legal Description as Exhibit "A" Parcel Identification Number: 00725440000 Subject to taxes for 2003 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Together with all the tenements. hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said o antee that the grantor is lawfully seized of said land in fee simple: that the grantor has good right and lawful authority to sell and convey said land that the grantor hereby fully warrants the title to said land and will defend the same against the lawful ciaims of all persons whomsoever, and that said land is free of all encumbrances. except taxes accruing subsequent to December 31, 2002. The Documentary Stamp Tax on this Deed has been previously paid. AGENDA ITEM - - - - - _0CJ 4 2003 PG._1 r rhru uri to rh 3 i �1 /� � P. b In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: SpikeCo., Inc., a Florida corporation f /k/a SA' Si ineco, Inc., a Florida co oration By. ! VZO • Donald H. Cheffer, as Vice President (Corporate Seal) Stateof County of �Cl,( The foregoing instrument was acknowledged before me this I J day of July, 2003 by Donald H. Cheffer, as Vice President of Spikeco, Inc., a Florida corporation, on behalf of the corporation. She Li is personally known to me or [X] has produced a driver's license as identification. [Notary Sea1] `T -(' �t Notary Public Printed Name: y= t =jC I�, �~ iV1y Commission 1�;3s�ON 1r; 1-40VOT T Expires: ,Z :eK3TsaiiY �r'9LLC, �.iT'E :i .'LLitJCtt'' siY :3�skS7 +31C�i F,.X?sR�:1Gr�n�A • . .. wwnAMan .Mrrv.A.�+h'.s./e/M.'!1IrV Y..= AGENDA ITEM No. e- 13 - - -- - - OCT h1 4 2003 [PG. Prepared by: Marc F. Oates, P.A. Marc F. Oates, Esq. 10001 Tamiami Trail N., Ste. 119 Naples, Florida 34108 recording information above this line) ASSIGNMENT OF REIMBURSEMENT TO DEVELOPER AGREEMENT Henderson Creek Sewer Service Project This Assignment Agreement is entered into on this � day of July, 2003, by and between a Florida corporation (hereinafter the "Assignor ") and Pelican Creek Investors Group, LLC, a Florida limited liability company, (hereinafter the "Assignee "). RECITALS: Whereas, the Assignor (as the "Developer ") has previously entered into that certain Reimbursement To Developer Agreement dated May 14, 2002, and recorded at Official Records Book 3038, Pages 1107 through 1110, Public Records of Collier County, Florida, a copy of which is attached hereto as Exhibit "A" (hereinafter "Agreement "); Whereas, the Assignor is conveying that certain real property located in Collier County, Florida, as more particularly described in the legal description attached hereto as Exhibit "B ", to Assignee; Whereas, the Assignor desires to assign any and all rights under said Agreement to Assignee and Assignee desires to accept all rights and obligations. NOW, THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. The Assignor hereby agrees to assign to Assignee any and all rights, interests and rights to reimbursement as provided in the Agreement. 3. The Assignee accepts any and all rights, interests and rights to reimbursement as provided in the Agreement. 4. By operation of this Assignment Agreement, the Assignee is now the successor "Developer" pursuant to the Agreement. AGENDA ITEM N0. // e— 0 Page 1 of 3 OCT 1 4 2003 PG. 5. This Assignment Agreement shall operate as a novation vis -a -vis Assignor, only if and subject to this Assignment Agreement hereafter being formally accepted by the Board of County Commissioners of Collier County, Florida. Witnesses #1: Print Name: Witnesses #2: Print Name: ' aAuc, c)A C�c_ Witnesses #1: Print Name: iff blalo- Witnesses #2: Print Name: Approved as to form and legal sufficiency: Thorhas C. Palmer Assistant County Attorney �-wo ASSIGNEE Pelican Creek Investors Group, LLC a Florida limited liability company By:t UOHN hTILIANO Its: Managing Member Date: Julyt 2003 ASSIGNOR SpikeCgnc. a Florida corporation Donald Its: Vice President Date: July_, 2003 ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, Chairman N0. AGENO/G ITEM 2) Page 2 of 3 OCT 1 4 2003 PG. 9 State of County of CQk, The foregoing instrument was acknowledged before me this It day of July, 2003 by Donald H. Cheffer, as Vice President of SpikeCo., Inc., a Florida corporation, on behalf of the corporation who is personally known to me or [ ] has produced a driver's license as identification. wv�+�ewvwvw OFFICIAL SEAL Z,, SHARON J NOVOTNY Notary Publi T trOTAEiY PUBL)G. STATE OF !Ll It+6O08 Print Name:f1iCl y• �U �� ear common Exa+s oars a�oe �`1-- State of Florida County of Collier The foregoing instrument was acknowledged before me thiiay of July, 2043 by JOHN JULIAN Manager of Pelican Creek Investors Group, LLC, a Florida limited liability company on behalf of the company. He [_] is personally known to me or [ ] has produced a driver's license as identification. r ......................... .».� Notary Publi . ,., TAX. EY A. •�4 Z g "o : • commis a # moslee i _ Print Name: E*m 4ffUM i _= ►?'?ano?AS Bonded 11f1000 = X254) Florida Awn.. kIC t ............ 140. AGE GEM ( 3 / Page 3 of 3 OCT f 4 2003 PG. /O Exhibit 8 That certain par--cl of land. lying, being; and slt—te in Section 3, Tow —hip 51 South, lt=n„e 26 E3 t, Collier County, Florida, more particulzrSy described ac. From the intersection of the F_.-t. Zinc of S. P._ S -951 with z line lyin 501.4: ?3 feet South of the cs t_hli:hcd North 1Sz= of the South 1/2 of the South 1/2 oC Scction 3, Township 51 South, P-imma 26 F=zt, Collier County', Florida, sun South 89' 23' 95" Fat 1181_71 feat, Parallel with the said cst: blishcd i arth line of the South 1/2 of t.'m South 1/2;: thence South 89' 20" 55" Eas. 142_23 feet to establish the Point of Beginning; Thence from point of Bcgfnn�m continue South 89' 26' 55" East 125_00 feet; thence South 0' 33' 05" Nest 74k feet to the centerline of a County Dr._inaga Easement, accordirb to an instreat recorded in Records Boole 76 at Page 127 of the Pub]_•'c RccOrds Of tallier County, Florida; thence Southwestsly 127 _feet 'i-=^- rid centerline to a Sine, bear n_ South 0' 33'.05" `lest and passim through the Point of Bed ins; thence North 0' 33" 05' F "t 765 feet to the point of Bag^ nn;„v. and ' From the intersection of the E=st. !ins of State- Road 5-951 with a line lY- -;mg 501.$93 feet south of the esta.bLshed North line of South 1/2 of the South 1/2 of Section 3, Township 51 South, Range 26 rzst, Cal 14 Couatp, Fl.orjda, r— South 89' 231 5e "- East 1181_77 feet, parallel with the said established fforth line of the South: 1/2 of the South 1/2; thence South 89' 26' 55 ":Ea3t 17 -23 feet to establish the pain= of begincing_ 7'aeaee' f..= the Paiixt of Ber- ---;Tg cantiz - south 89_ 20' S5" East 125.00 feet; thence t South 0' 33' 05" West 765 feet o the - ceater1e Of a County Drainage zse=zit, accord!=- to an -qTS t=u=rret recorded in Official Record Book 76 at pages 127 and 128 of the Pub =c Records of said County; thence Southwesterly 127 feet along tszld cratmrizae to • i 71 bearing south 0' 33' 05" west and vassiag ttsroogh the Point of thence rforth 0' 33' 05" East 788 feet to the Palau of Beg' , and From the intersection of the East litre of State Road S-951t witb a iin: lying 531.493 feet South Of the estn i -i eked North "in e of the South half of the South halS a-- Section 3, 51 SOL.th, fl'= e- 26 Cooaty, F^arida, rum South 89' 23' 55" East, 1474 -02 feet, parallel with the said established North line of the South half of the South bal-, to establish the Point of Thence from the Point of B_- inning continue South 89' 23' 55 Fast 107.75 feet; thence South B9' 26' 55" East 17.23 feet; thence South O' 33' 05" treat 788•fect, more•or less, to the centerline of a County Drainage Easement, accord-. -ig to an instrument recorded in 0:f.;-cia1 Record Book 76 at page 127 of the public Records of said County; thence Southwesterly 128 feet, more or less; along said centerline to a line bearing South O' 36' 05" fie_t and paasin- through the Point of L'_g'inning; Whence Vorth; 0' 36' 05" East Blo feet, aorc. or. lean, to the Point of T3et;'� ='no AGEMD ITEM NO._ /1G c ►3 -... -e Page 1 of 1 OCT 1 4 2003 PG. It • Ex fi �b�'f" 983355 OR: 3038 PG: 1107 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, 7L 05/1612002 at 01:56PH DWIGHT 3. BROCK, CLERK RBC L3a is.50 R2tn: COPIES 4.00 CLERK, TO M BOARD 5TEROMCE 47.°. FLOOR E %T 7240 REIMBURSEMENT TO DEVELOPER AGREEMENT Henderson Creek Sewer Service Project This Agreement is entered into on this day of , 2002, by and between the SPIKECO, INC., a business that is incorporated in the State of Florida (hereinafter "Developer ") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the governing body of Collier County, and ex- officio the governing board of the Collier County Water -Sewer District (hereinafter "County "). RECITALS: WHEREAS, this agreement is to finalize the terms, conditions and provisions for Wastewater Service to the M & E Trailer Park ( "Developer "). The service property is located on Henderson Creek Drive. Developer has requested that the County provide regional wastewater system facilities to this property; and WHEREAS, "Developer" includes Developer's heirs, successors, and assigns, including but not limited to any wholly owned or controlled subsidiary entity or entities of the M & E Trailer Park; and WHEREAS, "County" shall include its successors and/or assigns; and WHEREAS, Developer agrees to pay the total project costs associated with providing wastewater service to its respective property. Should properties now identified as folio numbers 00725720005 and/or 00725080004 (presently owned by Ethel Schroen) and properties identified as folio numbers 00725400008 and/or 00725120003 (presently owned by B & I Investments) connect to the County's sewer system within seven (7) years of the effective date of this Agreement, a pro -rata share (as identified by total acreage of the respective parcel or parcels) shall be paid by the respective property owners to the Developer and the amount of money paid to the developer shall be the total acreage of property identified below as a percentage of the 0 IT OCT 1 4 2003 PG. /-1— OR; 3038 PG: 1108 combined acreage of the respective property owners and the Developer. To illustrate see the following table: Property I.D. Number Acreage Percent of Total 00725440000 5.76 34.3% 00725400008 and 00725120003 4.98 129.7% 00725720005 and 00725080004 6.02 136.0% The added customers shall pay their respective percentage of the original total costs to the Developer. This will be allocated to the developer in relation to the original contribution: and WHEREAS, Developer (or its respective successors) must connect to the County Regional Wastewater Facilities upon completion of said project and upon payment of applicable impact fees: and WHEREAS, Developer has accepted the terms and conditions set forth in this Agreement as part of the County's review and approval of the Developer's land use petitions. NOW, THEREFORE, the parties agree as follows: I. RECITALS INCORPORATED. The above recitals are true and correct and are incorporated herein. 2. CONNECTION TO FACILITMS. The Facilities are being constructed as a permanent facility along Henderson Creek Drive. The purpose is to serve the M & E Trailer Park pursuant to the terms of this Agreement. Additional customers may connect to the wastewater system only subject to payment of then applicable impact fees to the County, and payment of the pro -rata share reimbursement of costs to the Developer as specified above. These payments may be made in seven (7) equal annual installments unless agreed to otherwise in writing by Developer. Any internal connections or facilities within the properties that connect to county wastewater facilities must be constructed and financed by Developer, separate and apart 2 OCT 1 4 2003 pc. 13 N from this agreement. OR: 3038 PG: 1104 3. COLLECTION OF COSTS OF CONSTRUCTION. Developer agrees to pay all cost of construction. This total cost will be levied against the property and payment will be due monthly as part of the water and sewer monthly user rates and shall be paid in full to the County in ten (10) calendar years. Interest shall be charged at the interest rate charged to the Developer in financing the construction. Failure to pay any monthly billing within the normal monthly billing cycle may, at the discretion of the Director of Utilities, result in discontinuance of service and filing of a liens against the property of the customers of this service. 4. MAINTENANCE OF FACILITIES. Title to the wastewater facilities that will run alone, Henderson Creek Drive will be owned and will be maintained by the County. All internal facilities within your properties will be owned and maintained by Developer. 5. TERM. The term of this agreement shall be ten (10) years from the date of its adoption by the Board of County Commissioners of Collier County. 6. BINDING EFFECT. This Agreement shall be binding upon each party hereto, the successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the date and year first above written. S KECO, IN By. .�,',�. S Gene Faust, Property Co- Owner Witness Signature 3 Witness mint V 6sg Signature l Wi nes (Print Name) OCT 14 2003 PG. 14 B y; r 1 CULA, v�� Donald H. Cheffer, Property Co- ner 2�' -TTY D` }MOCK, Clerk . t •Deputy��Ie*.1C ��kit�st 't�i�;•p±+ttnKn's '•S fQAi�R • - �': Approved as to form and legal sufficiency. Thomas C. Palmer, Assistant County Attorney ams /agreement/hendersoncreek4/ 2 5/02 .. ■ * ** OR: 3038 PG: 1110 * ** As Witness Signature BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIERCOUNTY WATER -SEWER DISTRICT By. JA N. COLETTA, Chairma��,:csa�:��;; / 1�' NIC• �I J��J)1:1:ltlt�ti• OCT 1 4 M3 PG. air - EXECUTIVE SUMMARY APPROVE SUBMISSION OF A GRANT APPLICATION FOR AND RESOLUTION IN SUPPORT OF A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT TO CONTRIBUTE TO THE RENOURISHMENT OF VANDERBILT, PELICAN BAY, PARK SHORE AND NAPLES BEACHES OBJECTIVE: To obtain approval to submit a grant application for and resolution in support of a Florida Department of Environmental Protection (FDEP) Beach Management Funding Assistance Program grant to contribute to the renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples beaches. CONSIDERATIONS: The Coastal Advisory Committee has recommended the fast - tracking of the next major beach renourishment project originally projected for 2006. The last major renourishment, completed in May 1996, had an anticipated life of eight to ten years. However, the entire project was not constructed due to time constraints. Annual monitoring reports indicate that the beach has eroded beyond the design minimum and therefore renourishment is needed. In order to work toward a goal of renourishing as soon as possible, Coastal Planning & Engineering (CP &E) has been working on a sand search as well as designing the renourishment construction plans. The joint coastal permit application is being presented to the Board of County Commissioners for approval in October 2003 with construction planned to start in November 2004. CP &E has recently submitted an engineering report detailing the recommended project scope along with cost estimates. While there are a number of decisions that will need to be made related to scope and sand selection, this grant application and resolution do not preclude those decisions being made at a later date. CP &E has estimated a range of total project costs. Based on the recommended mix of sand sources and project scope, the total project cost is estimated at $17M with approximately $6M potential reimbursement from FDEP through the Beach Management Funding Assistance Program and $2M potential reimbursement from the Federal Emergency Management Agency for Tropical Storm Gabrielle recovery. The Coastal Advisory Committee recommended submission of this Beach Management Funding Assistance grant application at their meeting on September 11, 2003 and the Tourist Development Council followed suit on September 22, 2003. FISCAL IMPACT: Without funding participation from FDEP, the project will have to be significantly scaled back. FDEP will cost share up to 50% of the non - federal share of the total project cost. The local cost share will be more than 50 %, as not all beaches meet the state standards for public access, and will consist of the estimated $9M Tourist Tax available in the fiscal year 2003/2004 budget. Approval of this will be the subject of separate approval once a Tourist Tax Beach Maintenance funding policy is finalized. AGENDA TE11� l� No. t OCT 1 4 2003 PG. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve submission of a grant application for and resolution in support of Florida Department of Environmental Protection funding participation in the project to renourish Vanderbilt, Pelican Bay, Park Shore and Naples beaches. SUBMITTED BY: Date: 9 Ron Hovel], P.E., Coastal Projects Manager REVIEWED BY: Date: 22 Marlene Foord, ants Coordinator REVIEWED BY: Q Date: q oy B nde , P. ., ublic Utilities Engineering Director APPROVED BY: Date. Ja s W. DeLony, P/&, Public Utilities Administrator NO. AGE A I. iEM OCT 1 4 2003 PG. � RESOLUTION NO. 2003- RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING THE FLORIDA DEPARTMENT OF -- ENVIRONMENTAL PROTECTION TO INCLUDE THE FUNDING FOR THE NORTH COLLIER COUNTY BEACH RENOURISHMENT PROJECT IN THE FISCAL YEAR 2004/05 LEGISLATIVE BUDGET REQUEST WHEREAS, the Board of County Commissioners of Collier County has submitted an application to the Bureau of Beaches and Wetland Resources, Florida Department of Environmental Protection pursuant to the July 8, 2003 call for local submissions; and WHEREAS, the timely maintenance and restoration of these high quality and readily accessible public recreational beaches is critical to preserve their value and viability, and to provide a boost to both the environment and the economy of Collier County tourism, including hotels, restaurants and related commercial activities; and WHEREAS, the role of the state government in maintaining and restoring beaches is appropriate and crucial, in that it recognizes the benefits accrued to the state government: from the storm protection afforded by better beaches; and WHEREAS, the Board of County Commissioners of Collier County collect Tourist Taxes and designate over 50% of these taxes for beach maintenance; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Collier County, Florida supports the North Collier County Beach Renourishment Project and requests that the Florida Department of Environmental Protection include the funding request for the , AG4t+9A iTEN + ' 40. 1 `-� OCT 1 4 2003 PG. --97 North Collier County Beach Renourishment Project in the department's fiscal year 2004/05 Fixed Capital Outlay, Legislative Budget Request; and BE IT FURTHER RESOLVED, the Board of County Commissioners of Collier County is willing to act as the local sponsor for the North Collier County Beach Renourishment Project and has the ability to provide the local cost share for this project. This Resolution adopted this day of October, 2003 after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Approved as to form and legal sufficiency: Heidi A hton Assistant County Attorney -2- AUNOA ITE N0. f OCT 1 4 26. Pc. "Ile North Collier County Beach Renourishment PROJECT DESCRIPTION / LOCATION Project Description: The project consists of the restoration, using approximately one million cubic yards of hydraulic fill, and maintenance, using upland sand, of up to thirteen miles of Gulf of Mexico shoreline along unincorporated Collier County and the City of Naples. Much of the project area was hydraulically renourished in 1995/1996. Approximately 240,000 cubic yards of upland sand was placed for maintenance and another 160,000 cubic yards of sand was bypassed since that last major renourishment project. The project is scheduled to start construction in November 2004 and is being designed to meet the objectives of the Collier County Board of County Commissioners and the Naples City Council. These goals include avoidance of environmental impacts such as hardbottom coverage and a design project life of six to eight years. Two borrow areas have been identified; one is approximately five miles west of Naples and the other is just over 33 miles north- northwest of Vanderbilt Beach. The near borrow area has sand similar to the existing beach and will be used where it will not be a threat to nearshore hardbottom habitat or require frequent truck haul supplements. The other borrow area has generally coarser sand that will be used to avoid the nearshore hardbottom. Proiect Location: The North Collier County Beach Renourishment Project is located on the southwest Florida coastline in Collier County between Florida Department of Environmental Protection monuments R -1 and R -89. PROJECT EVALUATION Severity of Erosion: The beaches of Collier County and the City of Naples that are within the project limits have an average erosion rate of 3 feet per year. Threat to Upland Structures: Based on a review of the elevations of developed properties adjacent to the project limits (since there would not seem to be an erosion projection readily available), it would appear that the projected erosion limit would include all structures within the project boundaries. Recreational and Economic Benefits: 3,865 linear feet (37 %) of the Vanderbilt Beach property is commercial or recreational. This includes four hotels (shown in blue on the map), Delnor- Wiggins State Park and Collier County's Vanderbilt Beach Road Park (both shown in green on the map). 1,600 linear feet (26 %) of the Pelican Bay property is recreational as it is owned by the County (shown in green on the map). 1,225 linear feet (9 %) of the Park Shore property is zoned commercial or recreational. This includes Collier County's Clam Pass Park and two public access streets (City of Naples). 4,616 linear feet (15 %) of the Naples Beach property is zoned commercial or recreational. This includes the City of Naples' Lowdermilk Park, two AGEVWA ITEM , J NO. -` OCT 1 4 2003 PG. ,5 hotels and numerous public access streets and walkways. The total is just over 11,000 linear feet (18 %) of commercial or recreational property. Availability of Federal Funds: Federal and state funds are anticipated from FEMA and DCA for Tropical Storm Gabrielle recovery. The total project is being planned for over one million cubic yards of hydraulic fill. FEMA estimated the storm damage at nearly 200,000 cubic yards and therefore the FEMA and DCA funding will be based on the lesser quantity. Local Sponsor Financial and Administrative Commitment: Collier County has dedicated the majority of the Tourist Taxes to beach maintenance, including funding projects within the City of Naples. Collier County has dedicated staff and has submitted quarterly reports and billings as required. Previous State Commitment: This project will nourish a previously restored shoreline. In 1996, just over one million cubic yards of hydraulic fill was placed on Vanderbilt, Park Shore and Naples beaches. The proposed design includes extending the fill areas to provide for better performance. Project Performance: The projected life of this project is eight years. The last major renourishment, in 1996, had a projected life of six to eight years. With the extensions in the proposed design, it is anticipated that the life of the project will be extended to at least eight years. Mitigation of Inlet Effects: Periodic dredging and bypassing has taken place at Wiggins Pass, Clam Pass, Doctors Pass and Gordon Pass in recent decades. The total volume of sand bypassed to adjacent beaches from the four inlets since completion of the 1996 project is estimated at 272,800 cubic yards. Innovative Technologies: No innovative technologies are proposed for this project. Enhance Nesting Sea Turtle Refuges: Though Collier County has no federally designated sea turtle refuges, loggerhead sea turtles nest throughout the county and this project will enhance those opportunities. Regionalization: Collier County and the City of Naples are jointly sponsoring this project. Significance: This project will re- nourish up to thirteen miles of beach. Ability to execute: Contracts are expected to be awarded in the summer of 2004 with "permit clauses" requiring the contractor to start in early November 2004 or early November 2005 should environmental permits not become available for beginning construction in 2004. AGE A IT No._ =E OCT 1 4 2003 PG. PROJECT MAPS Project maps indicating the project boundaries (yellow), public lands (green) and public lodging (blue) are attached for Vanderbilt and Pelican Bay beaches, Park Shore beach, and Naples beach. PUBLIC LODGING ESTABLISHMENT CERTIFICATION The Collier County occupational licenses and the Florida Department of Businesses and Professional Regulation licenses for the following hotels are attached: Naples Beach & Golf Hotel Edgewater Beach Hotel Ritz- Carlton Vanderbilt Inn LaPlaya Beach Resort Vanderbilt Beach Resort RESOLUTIONS OF SUPPORT, SPONSORSHIP AND FUNDING The Collier County Board of County Commissioners and the Naples City Council are anticipated to adopt resolutions in September or October 2003 and will be forwarded separately. PROJECT SCHEDULE Planning and design began in January 2002 and the Joint Coastal Permit Application is planned for submission in September or October 2003. The project construction is scheduled for November 2004 to April 2005. ANNUAL PROJECT COST ESTIMATES The planning and design phase is expected to cost $13M ($200,000 in FY 2002/2003; $1,100,000 in FY 2003/2004) and the construction phase is expected to cost approximately $17M (FY 2004/2005). It is anticipated that a permit condition will require monitoring for at least three years and the costs are estimated at $300,000 ($100,000 in each FY 2005/06, FY 2006/07 and FY 2007/08). AGEND,,A (I!TEM OCT 1 4 2003 PG. 7 9 �7 c Win COUNTY jOURISHMENT Acan Bay Beaches t w? Is cr s ` ` {E 0j am- Mw Am 'esort Condos �' • ', • #' ,iii roperty _ rt • et is �rks. etc is s ol elf f 9 A currency. :o be construed or Used its. business irttruplor, •-: it a f 77 z r.:dr•' 13 a �7 a kS�a � s �,� � i .sc J„ •� 3aa,. s' ! 4; Ate' Sr 5 a al�'t r T 3 •.h -cam COLLIER COUNTY BEACH RENOURISHMENT Naples Beach Legend Project Boundaries Beach Hotels and Resort Condos Publicly -Owned Property FDEP Critical Erosion Area N w E s Feet 0 am taw 3200 4BM e40o 1 inch equals 3.09120 het All parcel data (lines, 1@A mesumments, etc.) and aerial imagery are provided by the Collie r County property Appraiser. who is s ol0l responsible for their accuracy and currency. _ Legal Disclaimer The information contained on this map is noito be construed or used as a'legal description'. Map information is believed to be accurate but accuracy is not guaranteed, it no event" Cohen County be fable for ary damages, including loss of data, lost profits, business iderupion, Ions of business information or other pecuniary loss fiat mightarse from fire use of this map or the nfonmaion it contains. OCT t 4 2003 Pc. /D EXECUTIVE SUMMARY APPROVE A WORK ORDER, UNDER CONTRACT # 01 -3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH COASTAL PLANNING & ENGINEERING FOR DEVELOPING A PUBLIC INFORMATION PROGRAM FOR THE COUNTY / CITY OF NAPLES MAJOR BEACH RE- NOURISHMENT, PROJECT 90527, IN THE AMOUNT OF $8,491 OBJECTIVE: To obtain Board of County Commissioners approval of a work order with Coastal Planning & Engineering (CP &E) for developing a public information program for the County / City of Naples major beach re- nourishment project in the amount of $8,491. CONSIDERATIONS: The major beach re- nourishment project being designed and planned for construction starting in November of 2004 requires communication with the public, especially those coastal property owners along the project beaches. Easements will need to be executed with each of the potentially impacted owners and the beach -going public is interested in how this project will impact this treasured public asset. A Request for Proposal (RFP) 01 -3271 was issued on July 25, 2001 for qualified firms capable of providing engineering services for coastal zone management projects. The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one -year renewal options with up to three (3) firms ". On October 9, 2001, Agenda Item 16.C.2, the Board of -'- County Commissioners (BCC) approved the short list of firms, from nine proposals, as follows: Humiston & Moore Engineers, CP &E and Taylor Engineering. On May 14, 2002, Agenda Item 16.C.4, the BCC approved the County -Wide Sand Search project with a budget of $600,000 and on November 5, 2002, Agenda Item 16.C.20, the BCC approved an additional $635,000. The Coastal Advisory Committee (CAC) has unanimously recommended that the sand search be "fast- tracked" with a goal of accelerating the planned major re- nourishment of Vanderbilt, Park Shore and Naples beaches to the winter of 2004/2005. CP &E initially submitted a proposal for a much broader scope of services with a cost estimate well over $60,000. After discussions with CP &E and the Public Utilities Public Information Coordinator, the scope was significantly reduced and CP &E has submitted a time and materials proposal for developing a public information program for the County / City of Naples major beach re- nourishment in the amount of $8,491. Once the program is developed, the level of effort to maintain current information will be evaluated for execution by staff or a consultant. The cumulative value of all previous work orders related to the sand search and major re- nourishment is $1,173,186 and the cumulative value of all work orders issued to CP &E is $1,376,868. Future phase work orders will also be taken to the BCC for approval. AGENDA I NO. /G C, J OCT 14 2003 PG. The CAC recommended approval of this work order at their meeting on August 12, 2003. The Tourist Development Council recommended approval of this work order at their meeting on September 22, 2003. FISCAL IMPACT: The funding for this work order is available from the remaining $61,814 of the project budget. The source of funds is the Tourist Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve an $8,491 time and materials work order with Coastal Planning & Engineering to develop a public information program and authorize the Public Utilities Administrator to execute the agreement. SUBMITTED BY: Date: �Fay le9 Ron Hovel], P.E., Coastal Projects Manager REVIEWED BY: Date: 71S- Roy B. Anderson, P.E., Public Utilities Engineering Director REVIEWED BY: , CA411Date: WZ61 Q3 -a" Stephen Y. Camel P ch ing/General Services Director APPROVED BY: Date:. J es W. y, DeLon P.E. ublic Utilities Administrator F O AIUI � ITEMLS-- �. CT 1 4 2200033 . �- WORK ORDER #CPE- FT -03 -06 Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects Dated November 13, 2001 (Contract #01 -3271) This Work Order is for Professional Engineering Services for Coastal Zone Management Projects for work known as County -wide Sand Search (90527) - Develop a Public Information Program. The work is specified in the proposal dated September 16, 2003, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CPE- FT -03 -06 is assigned to Coastal Planning & Engineering. Scone of Work: a. Task I - Project Development b. Task II - Project Coordination Meetings c. Task III - Website Page Template Development Schedule of Work: Complete all tasks within 90 days of receipt of this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) - as enumerated in Schedule "A" of the Agreement). Task I $800.00 (time and materials) Task II $3,362.00 (time and materials) Task III $4.329.00 (time and materials) TOTAL $8,491.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Ron Hovell, P.E., Coastal Projects Manager Date REVIEWED BY: Roy B. Anderson, P.E., PUED Director Date AUTHORIZED BY: James W. DeLony, Public Utilities Administrator ACCEPTED BY: Coastal Planning & Engineering Authorized Company Officer Thomas J. Campbell, P.E., President Type or Print Name and Title Date D AGENDA ITEM�r No. OCT 4 2003 PG. .3 NORTH COLLIER COUNTY BEACH RENOURISHMENT PROJECT DEVELOPMENT OF PUBLIC INFORMATION PROGRAM SCOPE OF SERVICES Introduction• This is a scope of work for the program development phase of the North Collier County Beach Renourishment Project Public Information Program. The program is to aid in the education of the public regarding the upcoming beach renourishment project and to develop the public trust and cooperation in the implementation of the beach project. CPE will be working with Gooderham & Associates from Fort Myers, Florida on this information program development. The tasks and scope of work are outlined below: 1. Project Development a. Identify potential areas of concern. $800 2. Project Coordination Meetings (2 total) $3,362 a. Meeting 1 - Gooderham/CPE /Collier County PU; Program definition b. Meeting 2 — Program Presentation 3. Website Page Template Development $4,329 a. Initial website development; content and coordination The cost to perform the above described services shall not exceed $8,491.00. Please note that these increased costs reflect the updated rates in the 2003/04 contract renewal. Please authorize us to begin by issuing a Purchase Order. If you have any questions, please feel free to call me. Very truly yours, Angela M. Belden Coastal Planning & Engineering, Inc. FACPE\ Proposals \Collier\2003 ProposalsTublic Information Program N TEH ,. OCT 14 2003 PG. EXECUTIVE SUMMARY APPROVE A JOINT COASTAL PERMIT APPLICATION FOR THE RENOURISHMENT OF VANDERBILT, PELICAN BAY, PARK SHORE AND NAPLES BEACHES, PROJECT 90527, AND PAYMENT OF FEES NOT TO EXCEED $30,000 OBJECTIVE: To obtain approval of a joint coastal permit application and payment of fees for the renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples beaches. CONSIDERATIONS: The Coastal Advisory Committee has recommended the fast - tracking of the next major beach renourishment project originally projected for 2006. The last major renourishment, completed in May 1996, had an anticipated life of eight to ten years. However, the entire project was not constructed due to time constraints. Annual monitoring reports indicate that the beach has eroded beyond the design minimum and therefore renourishment is needed. In order to work toward a goal of renourishing as soon as possible, Coastal Planning & Engineering (CP &E) has been working on a sand search as well as designing the renourishment construction plans. The joint coastal permit application is being presented to the Board of County Commissioners for approval in October 2003 with construction planned to start in November 2004. Due to the large equipment that will need to be mobilized, construction contract award is scheduled for the summer of 2004. CP &E has recently submitted an engineering report detailing the recommended project scope along with cost estimates. While there are a number of decisions that will need to be made related to scope and sand selection, this grant application and resolution do not preclude those decisions being made at a later date. CP &E has estimated a range of total project costs. Based on the recommended mix of sand sources and project scope, the total project cost is estimated at $17M with approximately $6M potential reimbursement from the Florida Department of Environmental Protection (FDEP), $2M potential reimbursement from the Federal Emergency Management Agency for Tropical Storm Gabrielle recovery, over $1 M related to the Pelican Bay beach and over $3M related to Naples beach south of 18`h Avenue South. Under these assumptions, the estimated net required Tourist Development Tax Fund is approximately $5M. FDEP will calculate the required permitting fees that are estimated not to exceed $30,000. The Coastal Advisory Committee recommended approval of this grant application at their meeting on September 11, 2003 and the Tourist Development Council followed suit on September 22, 2003. FISCAL IMPACT: $30,000 is available in the project budget. The source of funds is Tourist Development Taxes. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners authorize the Public Utilities Administrator to sign and submit a joint coastal permit application and payment of fees not to exceed $30,000 for the renourishrrient of Vanderbilt, Pelican Bay, Park Shore and Naples beaches. OCT 4 2003 PG. ' SUBMITTED BY: 7Q Date: Gt3 Ron Hovell, P.E., Coastal Projects Manager REVIEWED BY: wfxlw&w L u'A Date: 2s 1 0 3 Roy B. Anderson, P blic Utilities Engineering Director APPROVED BY: Date: =' Ja es W. DeLony, PA., Public Utilities Administrator AGE M ITEM I NO. es (� OCT 4 2003 PG. 4, �- v4j 1 vt �{r x RuR JOINT APPLICATION FOR JOINT COASTAL PERMIT AUTHORIZATION TO USE SOVEREIGN SUBMERGED LANDS FEDERAL DREDGE AND FILL PERMIT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION U. S. ARMY CORPS OF ENGINEERS AGE" Imp File: P: \Collier \8500.12 - Marine Resources Investigation \Permitting\Application\CC2003 - JCP APP Tj�,xls G 0 C T 14 2003 VG. 3 LOSMA ,t MAIL TO: JOINT APPLICATION FOR JOINT COASTAL PERMIT AUTHORIZATION TO USE SOVEREIGN SUBMERGED LANDS / FEDERAL DREDGE AND FILL PERMIT APPLICATION INSTRUCTIONS Florida Department of Environmental Protection Division of Environmental Resource Permitting Bureau of Beaches and Coastal Systems 3900 Commonwealth Boulevard - Mail Station 300 Tallahassee, Florida 32399 -300 INTRODUCTION STREET ADDRESS: (Do Not Mail to this address, For Nand Delivery Only) Capital Center 5050 West Tennessee Street Building B Tallahassee, Florida Attached is a Joint Coastal permit application for: 1) activities which require an individual permit under Part IV Chapter 373, F.S.; 2) activities which require authorization to use sovereign submerged lands; 3) activities which require a federal dredge and fill permit; and 4) activities regulated under Chapter 161.041, F.S. Certain activities may qualify for an exemption. If any activity qualifies for an exemption, an application is not required, although the use of this application form is the most expeditious way for the agencies to make the determination that the activity qualifies for an exemption. COPIES / APPLICATION FEES Submit one original signed application form plus five copies of the form and six complete sets of all the requested drawings and other information to the Department. Submit the appropriate fee with your application. Application fees are listed on the attached worksheet. DISTRIBUTION TO THE U. S. ARMY CORPS OF ENGINEERS When activities are proposed in, on or over wetlands or other surface waters, the Department shall forward a copy of the application to the Army Corps of Engineers (ACOE). The ACOE will advise you of any additional information that may be required to complete the federal dredge and fill portion of the permit application. The information requested in this application form may be more than required to make a complete application to the ACOE. However, it is useful and may be essential for subsequent evaluation. CONSULTATION Applicants are encouraged to consult with Department staff prior to submittal of the formal application. If you have any questions, please consult with the staff of the Department of Environmental Protection (DEP), Bureau of Beaches and Coastal Systems prior to submittal of the formal application. The applicant is required to provide the information on page six. Failure to provide this information will delay processing. NOTE: The information listed in this application package is not intended to be all- inclusive. Additional information may be requested by the reviewing agency in order to complete your application. DNR Form 73 -500 File: P:\Collierj8500.12 - Marine Resources Investigation\Permitting\Application \CC2003 - ITEM ` e4— 1 OCT 1 4 2003 PG. A- 4 Page 1 of 6 DNR Form 73 -500 (6/95) File: P: \Collier \8500.12 - Marine Resources Investigation \Permitting\Application \CC2 No. 4 e,,- N l-P OCT 1 4 2003 PG. S JOINT APPLICATION FOR JOINT COASTAL PERMIT AUTHORIZATION TO USE A _ SOVEREIGN SUBMERGED LANDS / FEDERAL DREDGE AND FILL PERMIT -AO GENERAL APPLICATION INFORMATION No IRV��" �,,� ACOE Application Number WN Date Application Received f *1� �, " t� 4 t llca, n Received Date App 1. Name of authorized agent for permit application (if applicable) Mailing Address STEPHEN KEEHN, PE - SENIOR COASTAL ENGINEER 2481 NW BOCA RATON BOULEVARD City State Zip Code Telephone BOCA RATON FLORIDA 33431 (561) 391 -8102 2. Name of applicant Mailing Address COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC UTILITIES DIVISION, 3301 EAST TAMIAMI TRAIL, BLDG. H C/O RONALD HOVELL city State Zip Code Telephone NAPLES FLORIDA 34112 239 - 530 -5342 3. Name of activity NORTH COLLIER COUNTY BEACH RENOURISHMENT PROJECT 4. Location of activity (use additional sheets, if needed): County(ies) COLLIER COUNTY Section(s) 5, 6, 8, 17, 20, 29, 32 Township 48S Range 25E Section(s) 5, 8, 16, 21, 28, 33 Township 49S Range 25E Section(s) 4, 9, 16, 21, 28, 34 Township 50S Range 25E Latitude Longitude State Plane Coordinates SEE ATTACHMENT NO. 4 DNR reference monument(s) Land Grant name, if applicable Tax Parcel Identification Number Street address, road, or other location City, Zip Code if applicable 5. Describe in general terms the proposed activity including any phasing. SEE ATTACHMENT NO. 5 LOCATION MAP SEE ATTACHMENT NO. 1 6. Are you requesting any exemptions? 1X YES NO If yes, provide explanation and cite rule number(s) MIXING ZONE VARIANCE - SECTION 403.201(1), F.S; SECTION 62- 110.104, F.A.C; RULE 62- 4.244(5) ( C) , F.A.C. (SEE ATTACHMENT NO. 6) 7. Describe the purpose and need of the proposed activity including any public benefits. SEE ATTACHMENT NO. 7 1 X 1 r'hprk hprp if infnrmntinn is rnntiniiarl nn nn Attarhorl choot Page 1 of 6 DNR Form 73 -500 (6/95) File: P: \Collier \8500.12 - Marine Resources Investigation \Permitting\Application \CC2 No. 4 e,,- N l-P OCT 1 4 2003 PG. S B. Identify the requested permit duration. 10 years. 9. Please identify by number any Wetland Resource / ERP / ACOE Permits pending, issued or denied for projects at the location, and any related enforcement actions. Agency Date No. / Type of Application Action Taken USACE 11/7/95 199400492(IP -MN) Permit Issued FDEP 10/30/1995 112544739 Permit Issued FDEP DBS9A0308 CO Resolved FDEP 1112/2D00 0142538 - 001 -]C (198703080(IP -MN)) Permit Issued Wiggins Pass FDEP 1999 0128463- 001 -)C Permit Issued Clam Pass 10. Have you obtained approval from the Department of State, Division of Historical Resources? M YES D NO if yes, provide a copy SEE ATTACHMENT NO. 10 the letter of approval. 11. Has an Erosion Control Line been established pursuant to Sections 161.14 - 161.211, Florida Statutes? EX YES F'_J NO 12. Are you requesting authorization to use Sovereign Submerged Lands? E YES f__J NO [7 Undetermined activities. For projects sponsored by a local government, indicate whether or not the V facilities will be open to the general public. Provide a breakdown of any user fees that will be assessed to the general public and indicate whether or not such user fees will d V generate revenue or will simply cover costs associated with maintaining the facilities. V 0 (and within a 500 ft radius) of the proposed coastal construction, from the latest county SEE ATTACHMENT NO. 11 V a m mailing address of the cooperative or condominium association will be adequate. M 0 jurisdiction over the activity, that the proposed activity, as submitted to the Department, SEE ATTACHMENT NO. 1: ALL APPLICANTS ARE TO SUBMIT THE FOLLOWING ITEMS AS ATTACHMENTS: 13. A copy of the Division of State Lands title determination. If you do not have title ED Ell determination, department staff will request that the Division of State Lands conduct a title check. 14. Written evidence of title to the subject riparian upland property in the form of the El Ell recorded deed, title insurance, legal opinion of title, or a long term lease which specifically includes riparian rights. Evidence submitted must demonstrate that the applicant has sufficient title interest in the riparian upland property. If the applicant is not the property owner, then authorization for such use from the property owner must be provided. 15. A detailed statement describing the existing and proposed upland uses and o 0 activities. For projects sponsored by a local government, indicate whether or not the SEE ATTACHMENT NO. 1! facilities will be open to the general public. Provide a breakdown of any user fees that will be assessed to the general public and indicate whether or not such user fees will generate revenue or will simply cover costs associated with maintaining the facilities. 16. A list of the names and addresses of owners of all riparian property within 1,000 feet (and within a 500 ft radius) of the proposed coastal construction, from the latest county SEE ATTACHMENT NO. 11 tax roll. If the property is under cooperative or condominium ownership, the name and mailing address of the cooperative or condominium association will be adequate. 17. Written evidence, provided by the appropriate governmental agency having O jurisdiction over the activity, that the proposed activity, as submitted to the Department, SEE ATTACHMENT NO. 1: is consistent with the state - approved Local Comprehensive Plan. 18. A fee, as set forth in Rule 626- 49.006, Florida Administrative Code. El FRI Page 2 of 6 .DNR Form 73-500 (6/95) File: P: %Collier\8500.12 -Marine Resources Investigation %Permitting\Application\CC2003 - ]CP APPLICATION.> AGEHOA ITEM 40. /!per OCT 1 4 2003 PG. 19. SIGNATURES) A. By signing this application form, I am applying, or I am applying on behalf of the applicant, for the permit and any proprietary authorizations identified above, according to the supporting data and other incidental information filed with this application. I am familiar with the information contained in this application and represent that such information is true, complete and accurate. I understand this is an application and not a permit, that work prior to approval is a violation, and any permit issued or proprietary authorization issued pursuant thereto, does not relieve me of any obligation for obtaining any other required federal, state, water management district or local permit prior to commencement of construction. I agree, or I agree on behalf of my corporation, to operate and maintain the permitted system unless the permitting agency authorizes transfer of the permit to a responsible operation entity. I understand that knowingly making any false statement or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001. STEPHEN KEEHN, PE - SENIOR COASTAL ENGINEER Typed / Printed Name of Applicant (If no Agent is used) or Agent (If one is so authorized below) Signature of Applicant/Agent Date COASTAL PLANNING & ENGINEERING, INC (Name of political subdivision, municipality, or business entity and title of person signing on its behalf, if applicable) AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOLLOWING: B. I hereby designate and authorize the agent listed above to act on my behalf, or on behalf of my corporation, as the agent in the processing of this application for the permit and /or proprietary authorization indicated above; and to furnish, on request, supplemental in support of the application. In addition, I authorize the above - listed agent to bind me, or my corporation, to perform any requirement which may be necessary to procure the permit or authorization indicated above. I understand that knowingly making any false statement or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001. Typed / Printed Name of Applicant Signature of Applicant Date (Name of political subdivision, municipality, or business entity and title of person signing on its behalf, if applicable) Please note: the applicant's original signature (not a copy) is required PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOLLOWING: C. I either own the property described in the application of I have legal authority to allow access to the property, and I consent, after receiving prior notification, to any site visit on the property by agents or personnel from the Department of Environmental Protection and the U. S. Army Corps of Engineers necessary for the review and inspection of the proposed project specified in this application. I authorize these agents or personnel to enter the property as many times as may be necessary to make such review and inspection. Further, I agree to provide entry to the project site for such agents or personnel to monitor permitted work if a permit is granted. Typed / Printed Name of Applicant Signature of Applicant Date (Name of political subdivision, municipality, or business entity and title of person signing on its behalf, if applicable) Page 3 of 6 AGENDA I DNR Form 73 -500 (6/95) NO. n File: P: \Collier \8500.12 - Marine Resources Inve0gation \Permitting\Application \CC2003 - J APPUCATION.xis OCT 1 4 2003 PG. 17 INFORMATION FOR ASSESSMENT OF IMPACTS TO THE COASTAL SYSTEM ALL APPLICANTS ARE TO SUBMIT THE FOLLOWING ITEMS AS ATTACHMENTS: 20. Two copies of a topographic and bathymetric survey drawing of the proposed project site in accordance with Rule 6213- 42.007(1)(h), F.A.C. Identify the elevation of the mean high water and mean low water referenced to NGVD for each wetland or surface water site and the source of the tidal datum information. 21. Provide a legal description of all property involved including sovereign submerged land used in carrying out the project. 22. Describe how boundaries of wetlands or other surface waters were determined. If there has ever been a jurisdictional declaratory statement, a formal wetland determination, a formal determination, a validated informal determination, or a revalidated jurisdictional determination, provide the identifying number. 23. An engineering description or as -built drawings, if available, of any existing structures on the site which may be directly or indirectly affected by, or which may directly or indirectly affect, the proposed activity. 24. Two complete sets of construction plans and specification for the proposed activity, certified by an engineer duly registered pursuant to Chapter 471, Florida Statutes. The plans shall include the following. a. Plan view of the proposed activity depicting the mean high -water line any easement boundary, or the erosion control line, within the area of influence of the proposed activity. Identify the boundaries of significant geographical features (e.g., channels, shoals) and natural communities (e.g., submerged grass beds, hardbottom, or mangroves) within the area of influence of the activity. b. A sufficient number of elevation views of the proposed activity depicting the mean high -water line, any easement boundary, and the erosion control line, within the area of influence of the proposed activity. Identify the boundaries of significant geographical features and natural communities in the area of influence of the proposed activity. c. Details of construction, including materials and general construction procedures and equipment to be used (e.g., construction access, dredging method, dredged material containment, pipeline location). 25. In addition to the full -size drawings requested above, the information required under Paragraphs (20), (23) and (24) above shall be provided on 8 112 -inch by 11 -inch paper. 26. An aerial map of a scale of 1" = 200', showing: the project boundaries, DNR Reference Monument locations, major county landmarks, and special aquatic or terrestrial sites (parks, sanctuaries, refuges, etc.) within the project boundary and one quarter mile in both shore parallel directions of the project boundary. 27. A proposed construction schedule. 0 ❑ ❑ ❑ SEE ATTACHMENT NO. 20 EZI ❑ ❑ ❑ SEE ATTACHMENT NO. 21 ❑ ❑ ❑ SEE ATTACHMENT NO. 22 D❑ ❑❑ SEE ATTACHMENT NO. 23 WWI D ❑ ❑ ❑ SEE ATTACHMENT NO. 20 M ❑ ❑ ❑ SEE ATTACHMENT NO. 20 M ❑ ❑ ❑ SEE ATTACHMENT NO. 24C 0 ❑ ❑ ❑ SEE ATTACHMENT NO. 20 0 ❑ ❑ ❑ SEE ATTACHMENT NO. 20 SEE ATTACHMENT NO. 27 ❑X ❑ ❑ ❑ 28. Permit applications for excavation or fill activities shall include the following detailed information concerning the material to be excavated: a. Core boring logs and sediment grain size analyses from representative points throughout the area to be excavated. Logs should extend at least two feet below the proposed bottom elevation. The depth of each visible horizon in the log should be reported relative to NGVD and the material in each stratum classified according to grain size. b. Particle size analysis to the sediment and a measure of the percent organics by dry weight. Gradation curves should be produced from sieve analysis of each stratum in the core. Grain size distribution must be determined to the standard unit 200 sieve size. c. Chemical analysis shall be required if there is reason to suspect that the sediments are contaminated. DNR Form 73 -500 Page 4 of 6 D ❑ ❑ ❑ SEE ATTACHMENT NO. 28 ❑ ❑ ❑ SEE APPENDIX A o❑ ❑❑ SEE APPENDIX A ❑ ❑ ❑ M File: P: \Collier \8500.12 - Marine Resources Investigation \Permitting\Application \CC2003 VcP t�f,]OV12003 PG v d a�i air d v L M a ° d co F_ Cr f0 L M 3 V 'a a Q 0 I Z 0 ❑ ❑ ❑ SEE ATTACHMENT NO. 20 EZI ❑ ❑ ❑ SEE ATTACHMENT NO. 21 ❑ ❑ ❑ SEE ATTACHMENT NO. 22 D❑ ❑❑ SEE ATTACHMENT NO. 23 WWI D ❑ ❑ ❑ SEE ATTACHMENT NO. 20 M ❑ ❑ ❑ SEE ATTACHMENT NO. 20 M ❑ ❑ ❑ SEE ATTACHMENT NO. 24C 0 ❑ ❑ ❑ SEE ATTACHMENT NO. 20 0 ❑ ❑ ❑ SEE ATTACHMENT NO. 20 SEE ATTACHMENT NO. 27 ❑X ❑ ❑ ❑ 28. Permit applications for excavation or fill activities shall include the following detailed information concerning the material to be excavated: a. Core boring logs and sediment grain size analyses from representative points throughout the area to be excavated. Logs should extend at least two feet below the proposed bottom elevation. The depth of each visible horizon in the log should be reported relative to NGVD and the material in each stratum classified according to grain size. b. Particle size analysis to the sediment and a measure of the percent organics by dry weight. Gradation curves should be produced from sieve analysis of each stratum in the core. Grain size distribution must be determined to the standard unit 200 sieve size. c. Chemical analysis shall be required if there is reason to suspect that the sediments are contaminated. DNR Form 73 -500 Page 4 of 6 D ❑ ❑ ❑ SEE ATTACHMENT NO. 28 ❑ ❑ ❑ SEE APPENDIX A o❑ ❑❑ SEE APPENDIX A ❑ ❑ ❑ M File: P: \Collier \8500.12 - Marine Resources Investigation \Permitting\Application \CC2003 VcP t�f,]OV12003 PG 29. Using an established natural community classification system, describe each natural community within the area of influence of the proposed activity and include: a. Acreage. SEE ATTACHMENT NO. 29 FOR ITEMS a. - d b. Identification of the flora and fauna to the lowest taxon practicable. c. Characterization of dominant and important flora and fauna and estimates of percent biotic cover. Sampling locations, date of sampling or measurements; and methods used for MEMO O sampling. 30. Detailed information on season of occurrence, density, and location of threatened or LX F1 F 0 endangered species whose range occurs within the proposed activity. SEE ATTACHMENT NO. 30 31. Results of available wildlife surveys that have been conducted on the site, and any EX F-1 F-1 D comments pertaining to the proposed activity from the Florida Game and Fresh WaSHE ATTACHMENT NO. 29 and 31 Fish Commission and the U. S. Fish and Wildlife Service. 32. A general description of all commercial and recreational fisheries, diving regions, D and other recreational uses within the area of influence of the proposed activity. SEE ATTACHMENT NO. 32 33. Analysis of the expected effect of the proposed activity on the coastal system M ED El ED including but not limited to: a. Analysis of the expected effect of the proposed activity on the existing coastal 1XI D F-1 El conditions and natural shore and inlet processes. SEE ATTACHMENT NO. 33A v at the disposal site. The analysis should include all relevant computations, the overfill SEE ATTACHMENT NO. 28 d native sediment at the disposal site. V) d inlet management plan in accordance with Rule 62B- 41.005(16), F. A. C. If Ahe proposed project is not included in the inlet management plan the applicant will provide the SEE ATTACHMENT NO. 33C information specified in Rule 62B- 41.008(I)(m), F. A. C. d. Analysis of how water quality and natural communities will either be impacted, .a undisturbed, preserved or maintained with the area of influence of the proposed activity Cr SEE ATTACHMENT NO. 33D 34. Describe the location and details of the erosion, sediment and turbidity control 0 measures to be implemented during each phase of construction and all other measures M . a o s ° L a co Q M a ►°- 3 Z MEMO O sampling. 30. Detailed information on season of occurrence, density, and location of threatened or LX F1 F 0 endangered species whose range occurs within the proposed activity. SEE ATTACHMENT NO. 30 31. Results of available wildlife surveys that have been conducted on the site, and any EX F-1 F-1 D comments pertaining to the proposed activity from the Florida Game and Fresh WaSHE ATTACHMENT NO. 29 and 31 Fish Commission and the U. S. Fish and Wildlife Service. 32. A general description of all commercial and recreational fisheries, diving regions, D and other recreational uses within the area of influence of the proposed activity. SEE ATTACHMENT NO. 32 33. Analysis of the expected effect of the proposed activity on the coastal system M ED El ED including but not limited to: a. Analysis of the expected effect of the proposed activity on the existing coastal 1XI D F-1 El conditions and natural shore and inlet processes. SEE ATTACHMENT NO. 33A b. Analysis of the compatibility of the fill material with respect to the native sediment at the disposal site. The analysis should include all relevant computations, the overfill SEE ATTACHMENT NO. 28 ratios, and the composite graphs of the grain -size distribution of the fill material arid the native sediment at the disposal site. c. Demonstration of consistency with an inlet management plan or a proposed draft IZI El F inlet management plan in accordance with Rule 62B- 41.005(16), F. A. C. If Ahe proposed project is not included in the inlet management plan the applicant will provide the SEE ATTACHMENT NO. 33C information specified in Rule 62B- 41.008(I)(m), F. A. C. d. Analysis of how water quality and natural communities will either be impacted, El El ED undisturbed, preserved or maintained with the area of influence of the proposed activity with an estimate of the affected acreage of each impacted community. SEE ATTACHMENT NO. 33D 34. Describe the location and details of the erosion, sediment and turbidity control 0 measures to be implemented during each phase of construction and all other measures SEE ATTACHMENT NO. 34 used to minimize adverse affects to water quality. 35. Describe any methods proposed to protect threatened and endangered species. 1:1 El SEE ATTACHMENT NO. 35 36. A written statement providing the necessity and justification for the potential impacts 0 El 1:1 M to the coastal ecosystem which may be caused by the proposed coastal construction. SEE ATTACHMENT NO. 7 37. A narrative description of any proposed mitigation plans, including purpose, ED F-1 El maintenance, monitoring, estimated cost, construction sequence and techniques. SEE ATTACHMENT NO. 37 38. An analysis of available alternatives to the proposed coastal construction, on meeting aX F-1 M E] the stated performance objectives and any related affects on the coastal system. SEE ATTACHMENT NO. 38 NOTE: additional information may be required by statute or rule, or if found by staff to be reasonably necessary for proper evaluation of the application under applicable statutory and rule criteria. Specific Authority 161.041, 253, 258, 370.021, 370.12 Part IV of 373, Florida Statutes DNR Form 73 -500 Page 5 of 6 AGEt10A 140. l 0 File: P:\Collier \8500.12 - Marine Resources Investigation \Permitting\Application \CC2003 - CP AftrN4ls2003 �r JOINT APPLICATION FOR JOINT COASTAL PERMIT AUTHORIZATION TO USE SOVEREIGN SUBMERGED LANDS NOTICE OF RECEIPT OF APPLICATION This information is required in addition to that required in other sections of the application. Please submit five copies of this notice of receipt of application and all attachments with the other required information. Please submit all information on 8 1/2" x 11" paper. Project Name: NORTH COLLIER COUNTY BEACH RENOURISHMENT PROJECT County: COLLIER COUNTY Owner: COLLIER COUNTY GOVERNMENT Applicant: COLLIER COUNTY BOARD OF COMMISSIONERS C/O RONALD HOVELL Applicant's Address: PUBLIC UTILITIES DIVISION, 3301 EAST TAMIAMI TRAIL, BLDG. H NAPLES, FLORIDA 34112 1. Indicate the activity boundaries on a USGS quadrangle map. Attach a location map showing the boundary of the proposed activity. The map should also contain a north arrow and a graphic scale; show Section(s), Township(s), and Range(s); DNR reference monuments; political boundaries; identifiable landmarks; and must be of sufficient detail to allow a person unfamiliar with the site to find it. SEE ATTACHMENT NO. 1 2. Attach a depiction (plan and section views), which clearly shows the construction or other activities proposed to be constructed. Use multiple sheets, if necessary. Use a scale sufficient to show the location and type of work. SEE ATTACHMENT NO. 20 3. Provide the names of all wetlands, or other surface waters that would be dredged, filled, impounded, diverted, drained, or would receive discharge (either directly or indirectly), or would otherwise be impacted by the proposed activity, and specify if they are in an Outstanding Florida Water or Aquatic Preserve: ALL ACTIVITIES WILL OCCUR WITHIN THE WATERS OF THE GULF OF MEXICO AND ADJACENT SHORELINES BETWEEN R -1 AND R -89 4. Briefly describe the proposed project (such as "beach restoration ", inlet maintenance dredging ", "terminal groin "): BEACH RENOURISHMENT (SEE ATTACHMENT 5) 5. Specify the acreage of wetlands or other surface waters, by natural community type, that are proposed to be filled, excavated, or otherwise disturbed or impacted by the proposed activity: SEE ATTACHMENT NO. 29 6. Provide a brief statement describing any proposed mitigation for impacts to natural communities (attach additional sheets if necessary): FOR AGENCY USE ONLY Application Name: Application Number: Office where the application can be inspected: Note to Notice recipient: The information in this notice has been submitted by the applicant, and has not been verified by the agency. It may be incorrect, incomplete or may be subject to change. Page 6 of 6 Acr"°A ITEM DNR Form 73 -51D0 (6/95) NO. I LP File: P: \Collier \8500.12 - Marine Resources Investigat ion \Permitting\Application \CC200 - JCP,Off '111003 PG. A6 ATTACHMENT NO. 1 PROJECT AREA MAPS AGENDA ITE N0. e-, OCT 4 2003 PG. J 1. FILL WIDTHS ARE NOT TO SCALE. PG. TALLAHASSEE JACKSONVILLE R',. OT ACH ORLANDO ATLANTIC z E� OCEAN W BAREFOOT BEACH td CO. OLEE Q BOCA RATON } Q Z y t1 COUNTY PARK R10,`i MIAMI D ULF z - U W J MEXICO W= J 0 i 6000 12000 WIGGINS PA `. 4_', 3,`� GULF MONROE CO J N U. A.;'` OF o GRAPHIC SCALE IN FT R2� DELNOR- WIGGINS _ MEXICO = Z F W 0 STATE PARK 1, =- X X VANDERBILT BEACH O a Z U R30 W fD r� PEL CAN BAY GULF' OF '`1` MEXICO R40 ; CLAM PASS br ? SR 89 R50, J r � a., z�� ' P R SHORE ° r 1 IG < I SR 88 G U up" ~ DOCTORS PASS w ° m�co R60 Q rn O Q z m SR 856 N NAPLES a -- 5.0 MILES± — - - -R7 SR 84 z z BORROW AREA N5—� i R80 z W " y d! ' PORT ROYAL = GORDON PASS i R9Qf =„ d F LL �- ¢ a ED N O LEGEND: 1 DATE: 0 PHASE I FQ 8112103 BY: ul a ® PHASE II PHASE 111 Y RE I I OMM NO.: i -� DATE BY ESCRIPTI TEM W NOTES: 500 J 1. FILL WIDTHS ARE NOT TO SCALE. PG. CAPTIVA PASS NORTH U d ui i I >- 0 2 N 820M \,CAPTIVA N 820000 Z \\qSLAND Z (L 0 REDFIShf— 0 z PASS U UJ ;APTIVA MIX 0 JSLAND —J j ul BLIND Il PAS o 4 SANIBEL Z 1-- uj SAN I' It w 0 0 15000 30000 CARLOS.�, 0 0� Z BAY cr ESTERO ISLAND 0 GRAPHIC\tCALE IN FT UJ ca N 760000 N 760000 LOVERS KEY BORROW AREA Tl t: 33 Mtt R BAREFOOT BEACH WIGGINS > ca PASS Z <0 — 0 R2' < LL �7-0 0 VANDERBILT —ow BEACH v O c, 0 cj co ao R4Q < m CLAM PASS PARK SHORE 2� 0 co 9 MILE LI MIT 'IT Ln cli DOCTORS PASS R6-. z 5.0 MILES+—,—, NAPLES GULF BORROW AREA N5 OF i z N 640000 MEXICO R 9 640000 Lu ca GORDON 1, j 0 z 0 PASS z z IL 0 NOTES: CL ; CAPRI PASS 1. COORDINATES HEREON ARE BASED ON FLORIDA BIG MARCO PASSS DATE: STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD cn 1983. i 8/27103 zi N 580000 2• ELEVATIONS SHOWN HEREON ARE IN FEET BASED I , N 580000 BY: ON NATIONAL VERTICAL DATUM, (NAVD 1929). SRC RFVIqION-q PG. 0 EXECUTIVE SUMMARY APPROVE SUBMISSION OF A GRANT APPLICATION FOR AND RESOLUTION IN SUPPORT OF A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT TO CONTRIBUTE TO THE RENOURISHMENT OF MARCO ISLAND SOUTH BEACH OBJECTIVE: To obtain approval to submit a grant application for and resolution in support of a Florida Department of Environmental Protection (FDEP) Beach Management Funding Assistance Program grant to contribute to the renourishment of Marco Island south beach. CONSIDERATIONS: Taylor Engineering has recommended renourishing the southern 4,000 feet of Marco Island with an initial cost estimate of $2,000,000. Approximately $500,000 could potentially be reimbursed from FDEP through the Beach Management Funding Assistance Program with another $1,000,000 anticipated from the Federal Emergency Management Agency for Tropical Storm Gabrielle recovery. The Coastal Advisory Committee recommended submission of this grant application at their meeting on September 11, 2003 and the Tourist Development Council followed suit on September 22, 2003. FISCAL IMPACT: Without funding participation from FDEP, the project may have to be scaled back. FDEP will cost share up to 50% of the non - federal share of the total project cost. The local cost share will be more than 50%, as that part of the beach does not meet the state standards for public access, and will consist of the estimated $500,000 Tourist Tax available in the fiscal year 2003/2004 budget. Approval of this will be the subject of separate approval once a Tourist Tax Beach Maintenance funding policy is finalized. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve submission of a grant application for and resolution in support of a Florida Department of Environmental Protection grant to contribute to the renourishment of Marco Island south beach. AGE A ITEM No. =�� OCT 1 4 2003 PG. SUBMITTED BY: _ Date: d"Z 03 Ron N ,usial Projects Manager REVIEWED BY: Date:2 ,Jrd, GraMs Coordinator REVIEWED 13� : Cl �v i C�t�x,�.t.r,, .-L,. -L - Date: _ ° 3 Roy B. riders u is Utilities Engineering Director APPROVED BY: Date: -�" ame W. DeLony, P.E., P lic Utilities Administrator AGENDA ITEM OCT f 4 2003 PG. RESOLUTION NO. 2003- RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO INCLUDE THE FUNDING FOR THE SOUTH MARCO ISLAND BEACH RENOURISHMENT PROJECT IN THE FISCAL YEAR 2004/05 LEGISLATIVE BUDGET REQUEST WHEREAS, the Board of County Commissioners of Collier County has submitted an application to the Bureau of Beaches and Wetland Resources, Florida Department of Environmental Protection pursuant to the July 8, 2003 call for local submissions; and WHEREAS, the timely maintenance and restoration of these high quality and readily accessible public recreational beaches is critical to preserve their value and viability, and to provide a boost to both the environment and the economy of Collier County tourism, including hotels, restaurants and related commercial activities; and WHEREAS, the role of the state government in maintaining and restoring beaches is appropriate and crucial, in that it recognizes the benefits accrued to the state government from the storm protection afforded by better beaches; and WHEREAS, the Board of County Commissioners of Collier County collect Tourist Taxes and designate over 50% of these taxes for beach maintenance; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Collier County, Florida supports the North Collier County Beach Renourishment Project and requests that the Florida Department of Environmental Protection include the funding request for the i - 1 - F GSM ITITEM l ! li C T 1 4 2003 .? South Marco Island Beach Renourishment Project in the department's fiscal year 2004/05 Fixed Capital Outlay, Legislative Budget Request; and BE IT FURTHER RESOLVED, the Board of County Commissioners of Collier County is willing to act as the local sponsor for the North Collier County Beach Renourishment Project and has the ability to provide the local cost share for this project. This Resolution adopted this day of October, 2003 after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Bv: Approved as to form and leg 1 suffic'enGy: Heidi AS ton /,f� Assistant County Attorney Tom Henning, Chairman -2- q�A NO. AGE G� 1 OCT 1 4 2003 IL PG. '7' South Marco Island Beach Renourishment PROJECT DESCRIPTION / LOCATION Project Description: The project consists of the restoration, using approximately 150,000 cubic yards of hydraulic fill, and maintenance, using upland sand, of 4,500 feet of Gulf of Mexico shoreline along the City of Marco Island. The project area was hydraulically renourished in 1997. The same borrow area from 1997, in Caxambas Pass, is being planned for use and the project is scheduled to start construction in November 2004. The design objectives of the Collier County Board of County Commissioners and the Marco Island City Council include a project life of six to eight years. Project Location: The South Marco Island Beach Renourishment Project is located on the southwest Florida coastline in Collier County between Florida Department of Environmental Protection monuments R -144 and beyond R -148 to the terminal groin. PROJECT EVALUATION Severity of Erosion: The southern portion of the City of Marco Island has an average beach erosion rate of well over 5 feet per year and only the seawall and terminal groin limit the total amount of erosion. Threat to Upland Structures: Based on a review of the elevations of developed properties adjacent to the project limits (since there would not seem to be an erosion projection readily available), it would appear that the projected erosion limit would include all structures within the project boundaries. Recreational and Economic Benefits: 630 linear feet (14 %) of the Marco Island South Beach property is zoned commercial or recreational. This includes two hotels / resort condos and a public access point with parking across the street. Availability of Federal Funds: Federal and state funds are anticipated from FEMA and DCA for Tropical Storm Gabrielle recovery. The total project is being planned for 150,000 cubic yards of hydraulic fill. FEMA estimated the storm damage at nearly 50,000 cubic yards and therefore the FEMA and DCA funding will be based on the lesser quantity. Local Sponsor Financial and Administrative Commitment: Collier County has dedicated the majority of the Tourist Taxes to beach maintenance, including funding projects within the City of Marco Island. Collier County has dedicated staff and has submitted quarterly reports and billings as required for both the FDEP Beach Erosion Control Program and FEMA Public Assistance. Previous State Commitment: This project will nourish a previously restored shoreline. AGEMA ITEM NO. ^1 OCT 1 4 2003 PG. J� Project Performance: The projected life of this project is 10 years. Mitigation of Inlet Effects: Periodic dredging and bypassing has taken place at Caxambas Pass. The total volume of sand bypassed to the adjacent beach from Caxambas Pass since 1990 is estimated at 620,000 cubic yards. Innovative Technologies: No innovative technologies are proposed for this project. Enhance Nesting Sea Turtle Refuges: Though Collier County has no federally designated sea turtle refuges, loggerhead sea turtles nest throughout the county and this project will enhance those opportunities. Regionalization: Collier County and the City of Marco Island are jointly sponsoring this project. Significance: This project will re- nourish up to one mile of beach. Ability to execute: Contracts are expected to be awarded in the summer of 2004 with "permit clauses" requiring the contractor to start in early November 2004 or early November 2005 should environmental permits not become available for beginning construction in 2004. PROJECT MAPS A project map indicating the project boundaries (yellow), public lands (green) and public lodging (blue) are attached. PUBLIC LODGING ESTABLISHMENT CERTIFICATION The Collier County occupational licenses and the Florida Department of Businesses and Professional Regulation licenses for the following hotels are attached: Eagles Nest Beach Retort Marco Beach Ocean Resort Club Regency of Marco Island The Surf Club Hilton Marco Island Radisson RESOLUTIONS OF SUPPORT SPONSORSHIP AND FUNDING The Collier County Board of County Commissioners and the Marco Island City Council are anticipated to adopt resolutions in September or October 2003 and will be forwarded separately. AG/ ITE NO. / OCT 1 4 2003 ac. PROJECT SCHEDULE Planning and design began in May 2003 and the Joint Coastal Permit Application is planned for submission in May 2004. The project construction is scheduled for November 2005 to April 2006. ANNUAL PROJECT COST ESTIMATES The planning and design phase is expected to cost $300,000 ($100,000 in FY 2003/2004; $200,000 in FY 2004/2005) and the construction phase is expected to cost approximately $1.5M (FY 2005/2006). It is anticipated that a permit condition will require monitoring for at least three years and the costs are estimated at $150,000 ($50,000 in each FY 2005/06, FY 2006/07 and FY 2007/08). AGE IT/ , -) N0. OCT n1 4 2003 PG. / COLLIER COUNTY BEACH RENOURISHMENT Marco Island South Beach Legend ProjectBoundaries Beach Hotels and Resort Condos Publicly -Owned Property FDEP Critical Erosion Area �Uvl Feet 0 165 330 660 990 1,320 1 inch equals 597.96 feet All parcel data (lines, text, mesurements, etc.) and aerial imagery are provided by the Collier County Property Appraiser, who is solely responsible for their accuracy and currency. Legal Disclaimer The information contained on this map is not to be construed or used as a legal description'. Map information is believed to be accurate but accuracy is not guaranteed, in no event will Collier County be liable for any damages, including loss of data, lost profits, business interuption, loss of business information or other pecuniary loss that might arise from the use of this map or the information 0 contains. i PG. P nrv, °.. "aFw� +fit w ��i',u�J�•i "s ' EXECUTIVE SUMMARY APPROVE A PURCHASE ORDER, UNDER CONTRACT #02 -3360, WITH LIGHTNER CONTRACTING, INC., FOR GRADING MARCO ISLAND FROM TIGERTAIL PARK TO RESIDENTS' BEACH, IN THE AMOUNT OF $15,000 OBJECTIVE: To obtain approval of a purchase order to grade Marco Island in the amount of $15,000. CONSIDERATIONS: The Board of County Commissioners (BCC) approved a fixed term contract with Lightner Contracting Inc. on May 13, 2002. The contract includes an hourly equipment rate along with some miscellaneous charges. Under this contract in November 2002, Lightner Contracting graded the Marco Island beach to restore a consistent slope toward the Gulf of Mexico. Sand has continued to accumulate along this stretch of beach causing ponding. The BCC approved $350,000 for Annual Dune / Structure Maintenance on September 23, 2003, agenda item 10(H), and this work falls within that project scope. The Coastal Advisory Committee met on September 11, 2003 and recommended approval of this proposed purchase order. The Tourist Development Council also recommended approval at their meeting on September 22, 2003. FISCAL IMPACT: The funds are available in the project budget and the source of funds is Tourist Taxes. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a purchase order to grade Marco Island and authorize the Public Utilities Division Administrator to issue the purchase order. SUBMITTED BY: Date: C Ron Hovell, P.E., Coastal rojects Manager REVIEWED BY: W-O�U J T'y" P a� Date: L �-J a 3 Roy B. Anderson, P.E., Public Utilities Engineering Director REVIEWED BY: _ A , (�4 Date: A26(6 6 Stephen Y. CYrnell, re or, Purchasing/General Services Department d APPROVED BY: Date: J es W. DeLony, P.E., ublic Utilities Administrator N0. AGENDA ITEM - �6 OCT 1 4 2003 PG.--J EXECUTIVE SUMMARY APPROVE A WORK ORDER AND PURCHASE ORDER FOR THE PROJECT TO RENOURISH HIDEAWAY BEACH WITH UPLAND SAND, PROJECT 90541; A WORK ORDER WITH STD ENTERPRISES OF NAPLES, INC. UNDER CONTRACT #02 -3305, TRANSPORT, PLACEMENT AND GRADING OF BEACH SAND, IN THE AMOUNT OF $387,250; AND A PURCHASE ORDER WITH E. R. JAHNA INDUSTRIES, INC., UNDER CONTRACT #01 -3272, PRODUCTION OF BEACH COMPATIBLE SAND, IN THE AMOUNT OF $183,400 OBJECTIVE: To obtain Board approval of a purchase order for the production of beach compatible sand and a work order for the transport, placement and grading of sand for Hideaway Beach Renourishment with Upland Sand in the amounts of $183,400 and $387,250, respectively. CONSIDERATIONS: Engineering services have been ordered to design a phased beach restoration project on Hideaway Beach for an estimated 250,000 cubic yards of sand fill with erosion control structures at South Point and Royal Marco Point including an offshore sand search. This project will not be ready for construction any earlier than November 2004. In the meantime, the permits that allowed for the 1995 and 1997 construction of the temporary T- groins require that the beach profile be surveyed every six months and that sand be placed to maintain the beach profile. Sand has been trucked in nearly every winter since the structures were erected. The December 2002 to January 2003 Hideaway Beach Renourishment was not completed as originally planned. Approximately 22,000 cubic yards of sand were placed, with the full design amount being placed at the south end of Hideaway Beach, but only a partial design amount placed at the north end, known as Royal Marco Point. On March 25, 2003, the Board discussed whether or not to continue placing sand prior to the beginning of turtle season on May 1, 2003. Though it was decided not to continue at that time, the present state of conditions mandate placement of sand this winter at Royal Marco Point. The Board approved $600,000 for Hideaway Beach Renourishment with Upland Sand at their June 10, 2003 meeting under Agenda Item 10(E). A request to proceed with the project has been sent to the Florida Department of Environment Protection (FDEP) to continue last winter's project. The planned construction start date is November 3, 2003. The County has a fixed term contract, #02 -3305, with E. R. Jahna Industries, Inc. for the production of beach compatible sand. This is the only known source for beach compatible sand that meets FDEP's requirements and by contracting for this item separately, the County does not pay sales tax. Based on the unit prices in the contract for both purchasing sand and testing to ensure beach compatibility, the total amount of the purchase order is $183,400. AGENDA ITEM No. /L• (11 1 OCT 1 4 2003 PG. Executive Summary Funding for Hideaway Beach Sand Haul Page 2 Quotes were solicited on August 29, 2003 under Fixed Term Contract #02 -3305, Transport, Placement and Grading of Beach Sand. The three films submitted quotes on September 24, 2003 as follows: STD Enterprises: $387,250.00 Phillips & Jordan: $462,555.41 D.N. Higgins: $477,500.00 The Coastal Advisory Committee and Tourist Development Council will make recommendations at their meetings respectively on October 9, 2003 and October 27,2003. FISCAL IMPACT: Funds in the amount of $570,650 are available in the project budget. The source of funds is Tourist Development Taxes. GROWTH MANAGEMENT IMPACT: This project is within the City of Marco Island and is not subject to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve a purchase order with E. R. Jahna Industries, Inc. in the amount of $183,400 and a work order with STD Enterprises of Naples, Inc. in the amount of $387,250, for the renourishment of Hideaway Beach, subject to positive recommendations from the Coastal Advisory Committee and the Tourist Development Council; and authorize the Public Utilities Administrator to execute the work order. SUBMITTED BY: A-4 ) V- Date: /° 3 .3 Paul Kwa, P.E., Project anager REVIEWED BY: Date: i � Ron Hovel], P.E., Special Projects Manager REVIEWED BY: C�k �� - -1 Date: Roy Anderson, P.E., Public Utilities Engineering Director REVIEWED BY: Gi "� Date: 0 �� Stephen Y. Cornell, P chasitig/General Services Director r APPROVED BY.'----- �:` -�- Date: - rtfles�W. DeLony, P.E., P lic Utilities Administrator AGENDA ITEM ` No. OCT f 4 2003 PG. o� WORK ORDER #STD -03 -01 Agreement for Fixed Term Hauling, Placing and Grading Beach Compatible Sand Dated February 12, 2002 (RFP 02 -3305) This Work Order is for work known as transporting, placing and grading sand on Hideaway beach. Project: Hideaway Beach Minor Renourishment with Upland Sand (90541) The work is specified in the quote dated September 24, 2003 that is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #STD -03 -01 is assigned to STD Enterprises of Naples, Inc. Scope of Work: As detailed in the attached proposal and the following: • Task I — Mobilization to Hideaway beach • Task II — Transport approximately 25,000 tons of sand from E.R. Jahna sand pit to Hideaway beach • Task III — Place and grade approximately 25,000 tons of sand on Hideaway beach Schedule of Work: Work may start upon final authorization from the Florida Department of - Environmental Protection. Compensation: In accordance with the Agreement, the Owner will compensate the Contractor in accordance with the negotiated unit price amounts with an estimated total of 25,000 tons which would total $387,250.00, as provided in the attached proposal. The payinent amount will be based on the actual quantity delivered. Unit Price Subtotal Task I - $4,250.00 $ 4,250.00 Task II - $10.17 per ton $254,250.00 Task III - $5.15 per ton $128,750.00 Total Estimate $387,250.00 REVIEWED BY: Ron Hovel], P.E., Coastal Projects Manager Date Roy B. Anderson, P.E., PUED Director Date AG NSA ITE NO. OCT 1 4 2003 PG. 3 APPROVED BY: James W. DeLony, P.E., Public Utilities AdministratorDate ACCEPTED BY: STD Enterprises of Naples, Inc. Signature of Authorized Company Officer Date Dan Montero, Comptroller Type or Print Name and Title 14O. __j I% � OCT 1 4 2003 PG. Aug 29 03 01:33p PU Engineering Ab�� fo A �� 0 tat 7 2395305378 p.1 PUBLIC UTILITIES ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL, BUILDING `H' NAPLES, FL 34112 (239) 530 -5342 FAX (239) 530 -5378 DATE: August 29, 2003 TO: D. N. HIGGINS (FAX 774 -4266) PHILLIPS & JORDAN (FAX 813- 783 -3140) SOIL TECH (FAX 261 -1024) FROM: Ron Hovell, P.E. Coastal & Specia Projec s Mana er SUBJECT: Contract #02 -3305 — Transport, Placement and Grading of Beach Sand On February 12, 2002, the Board of County Commissioners approved a contract with your firm. -°-The Public Utilities Engineering Department is seeking the services of one firm for beach sand . ansport, placement and grading services beginning November 3, 2003 as indicated on the attached sheet. Quotes will be requested from all firms and the firm with the lowest total price will be given a work order and purchase order for billing purposes. Quotes must be submitted to this office no later than 3:30p.m. September 24, 2003 to be considered. Enclosed are reference drawings indicating the beach fill location and profiles from November 2002. Revised drawings will be made available prior to the commencement of work but not before quotes are to be submitted. Please note that the beach access point is within a gated community (Hideaway Beach). From State Road 951 (Collier Blvd.), turn right approximately 1 -1/4 miles after getting on the island onto Kendall Drive — this road leads to the gatehouse. If you require a site visit prior to finalizing your quote, please contact Paul Kwa at (239)732 -2583 or Al Madsen at (239)734 -0230. If you have any questions, please don't hesitate to call me at (239)530 -5342. cc: Lyn Wood, Purchasing Paul Kwa, Project Manager Al Madsen, Coastal Inspector Ken Humiston, Humiston & Moore Engineers David Somers, General Manager, Hideaway Beach AGENOA ITEM + Page 1 of 4 OCT 4 2003 PG. 3 _ Aug 29 03 01:33p PU Engineering 2395305378 a�f S7!7 nfer r sus NgRICs Nom. _- /p.2 ��G�! U6�`' QUOTE CCLLIEn �nuti�3T PU31LIC UTILIfIE TRANSPORT AND PLACEMENT OF BEACH COMPATIBLE SAND 0 1 V 1 1014 COLLIER COUNTY CONTRACT 02 -3305 3 "GF 2 4 Imo, Hideaway Beach Estimated Unit Item Description Unit Quantity Price - LS $ " 0 �� Total Total $--� 1 Mobilization* 2 Transport of Material: to Beach / 7 25,000 ** $ f) 60 Fill Access Points Ton 3 Placement, Spreading, and Grading Beach Fill Material l� ' %499 %50. 05— s/499 Ton 25,000 $ TOTAL COST PROPOSAL U 7 c� a>� /�r. l *Mobilizatlo includes mobiliz Ion, demobilization, and creation and restora ion of temporary access point(s) Final quantity will be uo less than 18,00 ons to al a riia also le increased above 25,000 tons Authorized Work Dates ! Times: Beach work may begin no earlier than November 3, 2003. No work is authorized on November 27, 28, and 29, December 25, 26 and 27, 2003, and January 1, and 19, 2004. Work day and hour limits are Monday through Saturday 7:00 a.m, to 6:00 p.m. Due to previous noise complaints, no delivery truck traffic is permitted on Kendall Drive prior to 7:00 a.m. each day. The final environmental'permit authorization to proceed with the work has not yet been received. Should the finial authorization not be received prior to October 20, 2003, work shall commence within 10 business days from receipt of the final authorization. Beach Placement Location (plan sheets attached): Hideaway Beach / Royal Marco Point: from the beach access point, some sand may be needed to provide a "lane" to get to the third t -groin where the main fill begins — fhe far end is approximately 2,600 feet from the beach access point and the estimated quantity for this section is 1 5,000 tons plus another 3,000 tons for the "lane ". Beach Sand Stockpile Location: E-R. Jhana Industries, Inc., Ortona Sand Mine, 12535 VIA load tickets in tons Page 2 of 2 EXECUTIVE SUMMARY APPROVE A WORK ORDER, UNDER CONTRACT # 01 -3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH HUMISTON & MOORE ENGINEERS FOR HIDEAWAY BEACH RENOURISHMENT WITH UPLAND SAND CONSTRUCTION MONITORING SERVICES, PROJECT 90541, IN THE AMOUNT OF $20,450 OBJECTIVE: To obtain Board of County Commissioners approval of a work order with Humiston & Moore Engineers to monitor the construction of the Hideaway Beach Renourishment with Upland Sand project. CONSIDERATIONS: On June 10, 2003, Agenda Item 10(E), the Board of County Commissioners (BCC) approved the Hideaway Beach Renourishment with Upland Sand project with a budget of $600,000. The scope of this project includes purchasing sand; hauling, placing and grading the sand; and monitoring the construction. The request for construction execution approval is being submitted separately. A Request for Proposal (RFP) 01 -3271 was issued on July 25, 2001 for qualified firms capable of providing engineering services for coastal zone management projects. The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one -year renewal options with up to three (3) firms ". On October 9, 2001, Agenda Item 16.C.2, the Board of County Commissioners (BCC) approved the short list of firms, from nine proposals, as follows: Humiston & Moore Engineers, CP &E and Taylor Engineering. All three firms have executed one year extensions to the initial contract. Humiston & Moore Engineers has submitted a proposal to provide construction plans, monitor construction (time and materials), and prepare a post - construction report based on a survey. The total amount of this proposal is $20,450. The Coastal Advisory Committee recommended approval of this work order at their meeting on September 11, 2003. The Tourist Development Council recommended approval at their meeting on September 22, 2003. FISCAL IMPACT: The source of funds is the Tourist Tax and the funds are available from the project budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve up to a $20,450 work order with Humiston & Moore Engineers to monitor the construction of the Hideaway Beach Renourishment with Upland Sand project and authorize the Public Utilities Division Administrator to finalize negotiations and execute the work order. AGENOA ITEM OCT 4 2003 SUBMITTED BY: Date: Ron Hovell, P.E., Coastal Projects Manager REVIEWED BY: WD A i -f ) Date: Roy B. Anderson, P.E., Public Utilities Engineering Director REVIEWED BY: 1. ri ��tll� Date: I�� Stephen Y. C ell urchasing/General Services Director APPROVED BY: _ �/ C t Date ,� �'�Jarfi s W. De ony, P.E , Public Utilities Administrator NO. OCT 4 2QUJ PG. WORK ORDER #HM- FT -03 -03 Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects Dated November 13, 2001 (Contract #01 -3271) This Work Order is for Professional Engineering Services for Coastal Zone Management Projects for work known as Hideaway Beach Renourishment with Upland Sand (90541). The work is specified in the proposal dated August 26, 2003, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #HM- FT -03 -03 is assigned to Humiston & Moore Engineers. Scone of Work: a. Task I — Construction Plans b. Task II — Post - Construction Survey c. Task III — Post - Construction Report d. Task IV — Meetings, Presentations, Construction Site Visits, etc. Schedule of Work: Complete Task I by October 30, 2003 and all other tasks in accordance with the construction schedule. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task I $7,000.00 Task II $2,000.00 Task III $3,450.00 Task IV $8.000.00 (time and materials) TOTAL $20,450.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Ron Hovell, P.E., Coastal Projects Manager Date REVIEWED BY: Roy B. Anderson, P.E., PUED Director Date AUTHORIZED BY: James W. DeLony, P.E., Public Utilities Administrator Date ACCEPTED BY: Humiston & Moore Engineers Authorized Company Officer Ken Humiston P.E., President Type or Print Name and Title D at NO. OCT 1 4 2003 P6, j HUMISTON & MOOR E ENGINEERS rr A COASTAL ENGINEERING DESIGN AND PERMITTING August 26, 2003 Ron Hovell, P.E. Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, FL 34112 Re: Royal Marco Point Sand Placement, H&M File No. 12069 Dear Ron: 5679 STRAND COURT NAPLES. FLORIDA 341 10 FAX 239 594 2025 PHONE 239 594 2021 Sent via facsimile and U.S. Mail Pursuant to your request, we propose to provide construction phase services for Royal Marco Point Sand trucking project. This proposal is for services which will consist of the preparation of construction plans, handling of any state or local permitting issues, meeting, coordinating the completion of 13 elevation profiles by Dagostino & Wood, Inc., construction site visits and preparation of a post construction report. Sea Systems Corporation is scheduled to perform the beach profile survey along Hideaway Beach as part of the Monitoring contract in November 2003, which will provide the pre- construction data needed to complete this scope of services. Should additional profiles be required or should additional services be requested by the County which are not specifically listed in the scope of services, a work order amendment will be requested in accordance with our Fixed Term Professional Engineering Services for Coastal Zone Management Projects Contract #01 -3271. We propose to provide the following services on a lump sum basis: 1. Permit drawings, construction plans, coordination of survey................................. ............................... $7,000.00 2. Elevation profile survey ................... ......................$2,000.00 3. Fifteen copies of post construction report ..................$3,450.00 We propose to provide the following services on a time and material basis: 4. Consultation, meetings, presentations, and construction site visits on a time and material basis when requested by the County............ $8,000.00 Total ............. ............................... .....................$20,450.00 Please call if you have any questions. 0 Sincerely yours, a C HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. N 67 0 C rn-r P AGEtjO ITEM �` NO. / J OCT 1 4 2003 PG. � EXECUTIVE SUMMARY APPROVE A JOINT COASTAL PERMIT APPLICATION RARYOT- GROINS ON RENOURISHMENT OF AND REPLACEMEN T O HIDEAWAY BEACH, PROJECT 90502, AND PAYMENT OF FEES NOT TO EXCEED $36,000 OBJECTIVE: To approve the submission of a joint coastal permit application and payment of fees for t1 : renourishment of and replacement of temporary "T- grains on Hideaway Beach. CONSIDERATIONS: Engineering services have been ordered to design a beach restoration project on Hideaway Beach for an estimated 250,000 cubic yards of sand fill, including a sand search, with erosion control structures at South Point and Royal Marco Point. This project will not be ready for construction any earlier than November 2004 and the current construction estimate is $4,577,000. The Coastal Advisory Committee recommended approval of $2,300,000 for the structures portion of this grant application at their meeting on May 8, 2003. The hydraulic fill portion of this project was recommended for consideration in the following budget year. On May 28, 2003, the Tourist Development Council recommended deferring a recommendation until a funding policy is developed. On June 10, 2003 under agenda item 10(F), the Board of County Commissioners (BCC) deferred this grant application pending the establishment of a funding policy. At that same meeting, the BCC directed that work toward design and permitting not be impacted by funding policy considerations. FDEP will calculate the required permitting fees that are estimated not to exceed $36,000. FISCAL IMPACT: $36,000 is available in the project budget. The source of funds is Tourist Development Taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact related to this action. RECOMMENDATION: That the Board of County Commissioners authorize the Public Utilities Administrator to sign and submit a joint coastal permit application and payment of fees not to exceed $36,000 related to the renourishment of and replacement of temporary T -groins on Hideaway Beach. SUBMITTED BY: —hKi::V Date: Ron Hovel -1, P.E., tal Projects Manager REVIEWED BY: / Date: Roy . Ande o , P , P blic Utilities Engineering Director APPROVED BY: Date AGENO6 rrE a, Ja es W. DeLony, P.E , Public Utilities Administrator No. O CT 14 2003 P6. Q�OiEC110 0 0 F LOR A . .IKIR� , JOINT APPLICATION FOR JOINT COASTAL PERMIT AUTHORIZATION TO USE SOVEREIGN SUBMERGED LANDS FEDERAL DREDGE AND FILL PERMIT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION U.S. ARMY CORPS OF ENGINEERS AGENDA ITEM ^ 1 OCT 1 4 2003 Pc. ..7- JOINT APPLICATION FOR JOINT COASTAL PERMIT /AUTHORIZATION TO USE SOVEREIGN SUBMERGED LANDS /FEDERAL DREDGE AND FILL PERMIT ICR A APPLICATION INSTRUCTIONS MAIL TO: STREET ADDRESS: Florida Department of Environmental Protection Division of Environmental Resource Permitting Bureau of Beaches and Coastal Systems 3900 Commonwealth Boulevard - Mail Station 300 Tallahassee, Florida 32399 -3000 (Do Not Mail to this address, For Hand Delivery Only) Capital Center 5050 West Tennessee Street Building B Tallahassee, Florida INTRODUCTION Attached is a Joint Coastal Permit application for 1) activities which require an individual permit under Part IV Chapter 373, F.S.; 2) activities which require authorization to use sovereign submerged lands; 3) activities which require a federal dredge and fill permit; and 4) activities regulated under Chapter 161.041, F.S. Certain activities may qualify for an exemption. If any activity qualifies for an exemption, an application is not required, although the use of this application form is the most expeditious way for the agencies to make the determination that the activity qualifies for an exemption. COPIES /APPLICATION FEES Submit one original signed application form plus five copies of the form and six complete sets of all the requested drawings and other information to the Department. Submit the appropriate fee with your application. Application fees are listed on the attached worksheet. DISTRIBUTION TO THE U.S. ARMY CORPS OF ENGINEERS When activities are proposed in, on or over wetlands or other surface waters, the Department shall forward a copy of the application to the Army Corps of Engineers (ACOE). The ACOE will advise you of any additional information that may be required to complete the federal dredge and fill portion of the permit application. The information requested in this application form may be more than required to make a complete application to the ACOE. However, it is useful and may be essential for subsequent evaluation. CONSULTATION Applicants are encouraged to consult with Department staff prior to submittal of the formal application. If you have any questions, please consult with the staff of the Department of Environmental Protection (DEP), Bureau of Beaches and Coastal Systems prior to submittal of the formal application. The applicant is required to provide the information on page six. Failure to provide this information will delay processing. NOTE: The information listed in this application package is not intended to be all- inclusive. Additional information may be requested by the reviewing agency in order to complete your application. I AGE DNR Form 73 -500 (6/95) NO.— OCT 1 4 2003 PG. 3 JOINT APPLICATION FOR JOINT COASTAL PERMIT /AUTHORIZATION TO USE . SOVEREIGN SUBMERGED LANDS/FEDERAL DREDGE AND FILL PERMIT , FLOR A GENERAL APPLICATION INFORMATION Please Type or print in BLACK Ink 1. Name of authorized agent for permit application (if applicable) Mailing Address Kenneth K. Humiston P.E., Humiston and Moore Engineers 5679 Strand Court City State Zip Code Telephone Naples Florida 34110 ( 239) 594 -2021 2. Name of applicant Mailing Address Collier County Board of County Commissioners 3301 East Tamiami Trail City State Zip Code =ee Naples Florida 34112 ) 530 -5342 3. Name of activity Hideaway Beach Renourishment Project / Erosion Control Project 4. Location of activity (use additional sheets, if needed): County(ies) Collier County Section(s) 5.6,7 Township 52 South Range Township Range Township Range Section(s) Section(s) 26 East Latitude Longitude State Plane Coordinates 591170 N. 253600 E to 596550 N. 259090 E DNR reference monument(s) Land Grant name, if applicable Tax Parcel Identification Number South of R -127 ,_North of T -128 N/A N/A Street address, road, or other location Hideawav Beach City, Zip Code if applicable Marco Island, Florida 34145 5. Describe in general terms the proposed activity including any phasing. The proposed construction consists removal of the existing temporary T- groins, building permanent erosion control structures along the shoreline, offshore dredging, and placement of dredqed material on the beach . 6. Are you requesting any exemptions? [:]YES ® N O If yes, provide explanation and cite rule number(s) 7. Describe the purpose and need of the proposed activity including any public benefits. The project area experiences the hiqhest erosion rates in Collier Countv. The purpose is to stabilize the beach for recreation and sea turtle nesting habitat.and to avoid the alternative of seawall construction by propertv owners. ❑ Check here if information is continued on an attached sheet. DNR Form 73 -500 (6195) Page 1 of 6 NO. / 3 Pc. 8. Identify the requested permit duration. 15 years. 9. Please identify by number any Wetland Resource/ERP /ACOE Permits pending, issued or denied for projects at the location, and any related enforcement actions. See Attached Agency Date No./Type of Application Action Taken 10. Have you obtained approval from the Department of Stale, Division of Historical Resources? ❑ YES ® NO If yes, provide a copy of the letter of approval. 11. Has an Erosion Control Line been established pursuant to Sections 161.141 - 161.211, Florida Statutes? ® YES ❑ NO See Attached 12. Are you requesting authorization to use Sovereign Submerged Lands? ® YES ❑ NO ❑ UNDETERMINED ALL .APPLICANTS ARE TO SUBMIT THE FOL )WING ITEMS AS ATTACHMENTS: 13. A copy of the Division of State Lands title determination. If you do not have title determination, department staff will request that the Division of State Lands conduct a title check. 14. Written evidence of title to the subject riparian upland property in the form of the recorded deed, title insurance, legal opinion of title, or a long term lease which specifically includes riparian rights. Evidence submitted must demonstrate that the applicant has sufficient title interest in the riparian upland property. If the applicant is not the property owner, then authorization for such use from the property owner must be provided. 15. A detailed statement describing the existing and proposed upland uses and activities. For projects sponsored by a local government, indicate whether or not the facilities will be open to the general public. Provide a breakdown of any user fees that will be assessed to the general public and indicate whether or not such user fees will generate revenue or will simply cover costs associated with maintaining the facilities. 16. A list of the names and addresses of owners of all riparian property within 1,000 feet (and within a 500 ft radius) of the proposed coastal construction, from the latest county tax roll. If the property is under cooperative or condominium ownership, the name and mailing address of the cooperative or condominium association will be adequate. 17. Written evidence, provided by the appropriate governmental agency having jurisdiction over the activity, that the proposed activity, as submitted to the Department, is consistent with the state- approved Local Comprehensive Plan. 18. A fee, as set forth in Rule 621349.006, Florida Administrative Code. IDEP Form 73 -500 (6/95) Page 2 of 6 'S U a ❑® El AMNOA ITEI No. ire a OCT 14 2003 PG. `J 19. SIGNATURE(S) A. By signing this application form, I am applying, or I am applying on behalf of the applicant, for the permit and any proprietary authorizations identified above, according to the supporting data and other incidental information filed with this application. I am familiar with the information contained in this application and represent that such information is true, complete and accurate. I understand this is an application and not a permit, that work prior to approval is a violation, and any permit issued or proprietary authorization issued pursuant thereto, does not relieve me of any obligation for obtaining any other required federal, state, water management district or local permit prior to commencement of construction. I agree, or I agree on behalf of my corporation, to operate and maintain the permitted system unless the permitting agency authorizes transfer of the permit to a responsible .operation entity. I understand that knowingly making any false statement or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001. Kenneth K. Humiston, P.E. Typed /Printed Name of Applicant (If no Agent is used) or Agent (If one is so authorized below) Signature of Applicant/Agent municipality, or business entity and title of person signing on Its nenait, it a AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOLLOWING: B. I hereby designate and authorize the agent listed above to act on my behalf, or on behalf of my corporation, as the agent in the processing of this application for the permit and /or proprietary authorization indicated above; and to furnish, on request, supplemental information in support of the application. In addition, l authorize the above - listed agent to bind me, or my corporation, to perform any requirement which may be necessary to procure the permit or authorization indicated above. I understand that knowingly making any false statement or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001. Ron Hovell Typed /Printed Name of Applicant Signature of Applicant Date (Name of political subdivision, municipality, or business entity and title of person signing on its behalf, if applicable) Please note- The applicant's original signature (not a copy) is required PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOLLOWING: C. I either own the property described in the application or I have legal authority to allow access to the property, and consent, after receiving prior notification, to any site visit on the property by agents or personnel from the Department of Environmental Protection and the U.S. Army Corps of Engineers necessary for the review and inspection of the proposed project specified in this application. I authorize these agents or personnel to enter the property as many times as may be necessary to make such review and inspection. Further, I agree to provide entry to the project site for such agents or personnel to monitor permitted work if a permit is granted. David Somers Typed /Printed Name of Applicant Signature of Applicant Date ,. (Name of political subdivision, municipality, or business entity and title of person signing on its behalf, if applicable) NO. DEP Form 73 -500 (6195) Page 3 of 6 ITEM INFORMATION FOR ASSESSMENT OF IMPACTS TO THE COASTAL SYSTEM ALL APPLICANTS ARE TO SUBMIT THE FOLLOWING ITEMS AS ATTACHMENTS: 20. Two copies of a topographic and bathymetric survey drawing of the proposed project site in accordance with Rule 6213 41.007(I)(h), F.A.C. Identify the elevation of the mean high water and mean low water referenced to NGVD for each wetland or surface water site and the source of the tidal datum information. 21. Provide a legal description of all property involved including sovereign submerged land used in carrying out the project. 22. Describe how boundaries of wetlands or other surface waters were determined. If there has ever been a jurisdictional declaratory statement, a formal wetland determination, a formal determination, a validated informal determination, or a revalidated jurisdictional determination, provide the identifying number. 23. An engineering description or as -built drawings, if available, of any existing structures on the site which may be directly or indirectly affected by, or which may directly or indirectly affect, the proposed activity. 24. Two complete sets of construction plans and specification for the proposed activity, certified by an engineer duly registered pursuant to Chapter 471, Florida Statutes. The plans shall include the following: a. Plan view of the proposed activity depicting the mean high -water line any easement boundary, or the erosion control line, within the area of influence of the proposed activity. Identify the boundaries of significant geographical features (e.g., channels, shoals) and natural communities (e.g., submerged grass beds, hardbottom, or mangroves) within the area of influence of the activity. b. A sufficient number of elevation views of the proposed activity depicting ?he mean high -water line, any easement boundary, and the erosion control line, within the area of influence of the proposed activity. Identify the boundaries of significant geographical features and natural communities in the area of influence of the proposed activity. c. Details of construction, including materials and general construction procedures and equipment to be used (e.g., construction access, dredging method, dredged material containment, pipeline location). 25. In addition to the full -size drawings requested above, the information required under Paragraphs (20), (23) and (24) above shall be provided on 8 112 -inch by 11 -inch paper. 26. An aerial map of a scale of 1" = 200', showing: the project boundaries, DNR Reference Monument locations, major county landmarks, and special aquatic or terrestrial sites (parks, sanctuaries, refuges, etc.) within the project boundary and one quarter mile in both shore parallel directions of the project boundary; 27. A proposed construction schedule. 28. Permit applications for excavation or fill activities shall include the following detailed information concerning the material to be excavated: a. Core boring logs and sediment grain size analyses from representative points throughout the area to be excavated. Logs should extend at least two feet below the proposed bottom elevation. The depth of each visible horizon in the log should be reported relative to NGVD and the material in each stratum classified according to grain size. b. Particle size analysis to the sediment and a measure of the percent organics by dry weight. Gradation curves should be produced from sieve analysis of each stratum in the core. Grain size distribution must be determined down to the standard unit 200 sieve size. c. Chemical analyses shall be required if there is reason to suspect that the sediments are contaminated. DEP Form 73 -500 (6/95) Page 4 of 6 ►7 ■ ■ ■ f,'i ■ ERE-1 7 ■ ■ ■' inommomml El ❑ ❑ ❑ 7 ■ ■ ■ 4005-01900 InE■■■■El n,wmlgmmm a ■ ■ ■ ❑ ❑ ❑ 1XI AGENDA ITEM No. /& G a a Q H 3 z ►7 ■ ■ ■ f,'i ■ ERE-1 7 ■ ■ ■' inommomml El ❑ ❑ ❑ 7 ■ ■ ■ 4005-01900 InE■■■■El n,wmlgmmm a ■ ■ ■ ❑ ❑ ❑ 1XI AGENDA ITEM No. /& G 29. Using an established natural community classification system, describe each natural community within the area of influence of the proposed activity and include: a. Acreage. b. Identification of the flora and fauna to the lowest taxon practicable. c. Characterization of dominant and important flora and fauna and estimates of percent biotic cover. d. Sampling locations, date of sampling or measurements; and methods used for sampling. 30. Detailed information on season of occurrence, density, and location of threatened or endangered species whose range occurs within the proposed activity. 31. Results of available wildlife surveys that have been conducted on the site, and any comments pertaining to the proposed activity from the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. 32. A general description of all commercial and recreational fisheries, diving regions, and other recreational uses within the area of influence of Lhe proposed activity. 33. Analysis of the expected effect of the proposed activity on the coastal system including but not limited to: a. Analysis of the expected effect of the proposed activity on the existing coastal conditions and natural shore and inlet processes. b. Analysis of the compatibility of the fill material with respect to the native sediment at the disposal site. The analysis should include all relevant computations, the overfill ratios, and composite graphs of the grain -size distribution of the fill material and the native sediment at the disposal site. c. Demonstration of consistency with an inlet management plan or a proposed draft inlet management plan in accordance with Rule 62641.005(16), F.A.C. If the proposed project is not in in the inlet management plan the applicant will provide the information specified in Rule 62B- 41.008(I)(m), F.A.C. d. Analysis of how water quality and natural communities will either be impacted, undisturbed, preserved or maintained within the area of influence of the proposed activity with an estimate of the affected acreage of each impacted community. 34. Describe the location and details of the erosion, sediment and turbidity control measures to be implemented during each phase of construction and all other measures used to minimize adverse affects to water quality. 35. Describe any methods proposed to protect threatened or endangered species. 36. A written statement providing the necessity and justification for the potential impacts to the coastal ecosystem which may be caused by the proposed coastal construction. 37. A narrative description of any proposed mitigation plans, including purpose, maintenance, monitoring, estimated cost, construction sequence and techniques. 38. An analysis of available alternatives to the proposed coastal construction, on meeting the stated performance objectives and any related affects on the coastal system. NOTE: Additional information may be required by statute or rule, or if found by staff to be reasonably necessary for proper evaluation of the application under applicable statutory and rule criteria. Specific Authority 161.041, 253, 258, 370.021, 370.12 Part IV of 373, Florida Statutes DEP Form 73 -500 I Page 5 of 6 13 5 I � u � ■ ■ ■ M ■ ■ ■ t7 13 ■ ■ ■ ■ ■ ■ M ■ ■ ■ t7 ■ ■ ■ ® ❑1313 ®❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ®013 0 ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ El ❑ ❑ ❑ 0 ❑ ❑ ❑ ® ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ © ❑ ❑ ❑ RUA Ell LA „o. A(ji P� 00 1 4 211113 PG. P ar3t �- JOINT APPLICATION FOR JOINT COASTAL PERMIT /AUTHORIZATION TO USE SOVEREIGN SUBMERGED LANDS NOTICE OF RECEIPT OF APPLICATION This information is required in addition to that required in other sections of the application. Please submit five copies of this notice of receipt of application and all attachments with the other required information. Please submit all information on 8112" x 11" paper. Project Name: Hideaway Beach Erosion Control Project County: Collier Countv Owner: t;ottrer county Applicant: Collier County Board of County Commissioners Applicant's Address: 3301 East Tamiami Trail Naples, Florida 34112 Indicate the activity boundaries on a USGS quadrangle map. Attach a location map showing the boundary of the proposed activity. The map should also contain a north arrow and a graphic scale; show Section(s), Township(s), and Range(s); DNR reference monuments; political boundaries; identifiable landmarks; and must be of sufficient detail to allow a person unfamiliar with the site to find it. See Permit Drawings Attach a depiction (plan and section views), which clearly shows the construction or other activities proposed to be constructed. Use multiple sheets, if necessary. Use a scale sufficient to show the location and type of work. See Permit Drawings Provide the names of all wetlands, or other surface waters that would be dredged, filled, impounded, diverted, drained, or would receive discharge (either directly or indirectly), or would otherwise be impacted by the proposed activity, and specify if they are in an Outstanding Florida Water or Aquatic Preserve: Gulf of Mexico 4. Briefly describe the proposed project (such as "beach restoration ", "inlet maintenance dredging ", "terminal groin"): Offshore dredging, beach nourishment with erosion control structures Specify the acreage of wetlands or other surface waters, by natural community type, that are proposed to be filled, excavated, or otherwise disturbed or impacted by the proposed activity: The project limits in the nearshore region covers an area of approximately 72 acres, though only approximately 23.6 acres will be covered with beach compatible fill material. The offshore borrow area is approximately 66 acres. Provide a brief statement describing any proposed mitigation for impacts to natural communities (attach additional sheets if necessary): There is no or000sed mitioation. FOR AGENCY USE ONLY Application Name: Application Number: Office where the application can be inspected: Note to Notice recipient: The information in this notice has been submitted by the applicant, and has not been verified by the agency. It may be incorrect, incomplete or may be subject to change. i DEP Form 73 -500 (6/95) Page 6 of 6 AGENDA ITE N0. //e G PG. c/ Supplemental Information Filed as Part of Joint Coastal Permit Application for Hideaway Beach Erosion Control, Collier County 9) Permits Pending, Issued, or Denied: -Agency Date No./Type of Application Action Taken DEP 03/30/00 - 12/06/02 0068737 -001 to 005 JC -Approved Approved DEP 5/13/97 11- 2934539 JCP USACE 5/20/97 198800290 IP-MN) Approved DER 12/08/89 111460389 Approved DNR 7/25/89 DBS 88 -208 Ap roved 11) Erosion Control Line: An Erosion Control Line (ECL) was established over a portion of Hideaway Beach for the 1990 nourishment project. Dagostino & Wood, Inc: located the Mean High Water (MHW) line on Hideaway Beach on July 16'h and 17'h, 2003 in order to extend the ECL to cover the currently proposed project area. Item 11, attached, contains two copies of the Mean High Water and Proposed Erosion Control Line survey that shows the extension of the ECL southwest to approximately DEP Reference Monument T -128 and northeast to the entrance to Collier Bay. An aerial photograph taken January 2002 has been added to one of the copies for reference. This survey has been submitted under separate cover to the Florida DEP for approval. 13) State Lands Title Interest: The proposed erosion control project will extend below Mean High Water which is the delineation between private and public ownership. Please refer to the enclosed permit drawings filed as part of this application. 14) Riparian Ownership: The applicant is the local government agency, Collier County, which is sponsoring the design, permitting and construction of this project. Collier County, as the applicant for the proposed dredging, fill placement, and T -groin construction, is not the owner of the beachfront property of the proposed activity; however, authorization by the property owners has been granted under JCP 11- 2934539 for the initial T -groin construction along Hideaway Beach. Additional authorization from the Hideaway Beach Association is included on page 3 of this JCP application. 15) Existing and Proposed Upland Uses: The existing conditions are detailed on the enclosed plans as well as the recent rectified aerial photograph taken on January 2002. The upland properties in the project area are generally multifamily and single - family residential lots. The shoaling of the entrance to Collier Bay along the west side of the channel has resulted in erosion stress and a shift of the entrance channel towards the east. Completing the jetty as proposed along the west side of the entrance would be expected to reduce the shoaling of the channel and reducing some of the erosion stress from the tidal currents along the eastern side of the channel, which is currently threatening the existing seawalls and docking facilities. The upland side of the west side of the channel consists primarily of mangroves. The proposed jetty will be located seaward of the existing mangroves. The proposed use along both shorelines of the Page 1 of 6 AGENDA ITEM No. ;7 OCT 14 2003 PG. 16 channel will not change. The nourishment of Hideaway Beach with the material dredged from offshore, in conjunction with the proposed T- groins, will result in reduced erosion stress and a more stable beach condition. 16) Adiacent Riparian ownership: Enclosed as Item 16 of this application are the names and addresses of all riparian owners within 1000 feet of the proposed project. This information is provided by the Collier County Property Appraiser's office. 17) Local Project Consistency: Collier County is the local government having jurisdiction over the proposed activity, as well as the applicant for this project. A letter of local consistency has been requested and will be provided. 18) Fee Requirement: Please provide us with the total application fee requirement for the proposed nourishment, T -groin and jetty construction. 19) Authorization Forms: a) Attached is an executed authorization form from the Collier County Department of Public Works for Humiston & Moore Engineers to act as agent on behalf of the Collier County Public Works Engineering Division for the implementation of the proposed Hideaway Beach Erosion Control Project. b) Attached is an executed authorization from the Hideaway Beach Association managing the upland riparian property of Hideaway Beach and to act as agent on behalf of the upland owners for the implementation of the Hideaway Beach Erosion Control Project including the proposed Beach Nourishment and T -groin construction. 20) Topographic and hydrographic Surveys: The enclosed signed and sealed permit drawings, Item 20, have been prepared based on the May 2003 hydrographic and beach profile surveys completed by Sea Systems Corporation. 21) Legal- Description of the Proiect Area: Attached as Item 21 is a drawing and legal description of the limits of the project including the sovereign submerged land used in carrying out this project. 22) Wetland Boundary Description: For this project, all of which will be constructed in the nearshore environment, the location of the MHW has been used to delineate the jurisdictional wetland boundary. A portion of Hideaway Beach had an ECL established January 23, 1990, under DER Permit 111460389. The information for the existing ECL is recorded under Land Boundary Information System (LABINS) MHW 0788. An ECL to cover the remaining proposed project area is discussed under Item 11. 23) Existing Structures: The topographic survey and aerial photo from January 2002 identify existing structures within the project area, which will be removed. These include the seven T- groins located along Hideaway Beach. The residential structures and condominiums will not be affected by the proposed construction of the T- groins and beach fill, rather the conservation area which is currently being eroded will be stabilized. The bulkhead east of the Collier Bay entrance channel will not be adversely impacted, rather the proposed jetty should result in a reduced shoaling on the west side of the channel and reduced erosion stress along the east side of the inlet channel. There is a seawall on one of the properties in South Point, constructed by the property owner to AGENDA ITEM Page 2 of 6 No' /1, e. rZ 1 OCT 14 2003 PG. prevent undermining of his residence. The proposed activity is intended to maintain a beach in front of that seawall, preserving recreational and se turtle nesting habitat. 24) Construction Plans and Reduced Plans: Enclosed are two sets of construction plans and two sets of permit drawings as Item 24. 25) Reduced Plans: Two copies of the permit drawings are enclosed as Item 25. 26) Aerial Photograph: Attached is Item 26, a copy of the January 2002 aerial at 1" = 200'. 27) Construction Schedule: The proposed construction schedule is anticipated to commence November 1, 2004 and be completed prior to April 30, 2005. The County plans to have the contractor selected and ready in advance of November 1, 2004. This will facilitate a construction start upon completion of all sea turtle related nesting and hatchling activity along Hideaway Beach. 28) Fill & Excavation Proiects: The proposed site of the excavation is in the vicinity of the ebb shoal of Big Marco Pass, as indicated on the enclosed construction plans. Vibracores were collected by Coastal Planning and Engineering and the boring logs and grain size distribution curves are enclosed as Item 28 of this application. The material to be excavated is sand, which is compatible with the beach sand along Hideaway Beach. 29) Community Classifications: The project will place fill on approximately 23.6 acres of submerged land which is entirely high energy sandy beach and foreshore. The project site takes place in a highly dynamic area, which consists mainly of the Big Marco Pass ebb shoal and dynamic beaches. The project nourishment sites on Hideaway Beach have been previously approved for fill under JCP 112934539. Protective measures to be employed for the protection of the sea turtles involve conducting the construction activity outside the sea turtle nesting season. Standard protection measures and practices will be employed for the protection of the West Indian manatee. These are the same protective measures included with JCP permit 112934539. 30) Threatened or Endangered Species: Marine turtles and manatees have been observed along this region of the coastline. The subject properties of Hideaway Beach have been successful marine turtle nesting areas since the beach nourishment, beach.maintenance and T -groin construction. Upon completion of this project, the sea turtle nesting habitat will be enhanced along Hideaway Beach by nourishing those areas experiencing the highest erosion rates. Attached Item 30 contains sea turtle nesting data on Hideaway Beach since 1995. This information was provided to the DEP in the 5 -year monitoring report of DEP Permit 11- 2934539. 31) Wildlife Surveys: A Biological Opinion was conducted as part of the initial T -groin installation under the State permit 11- 2934539 and the Corps of Engineers permit 198800290 (IP -MN). 32) Commercial, Recreational Fisheries, and Diving Regions: The projected effects are localized, and no impacts on commercial or recreational fisheries are anticipated. Construction of the jetty at the entrance to Collier Bay will stabilize the entrance channel, helping to maintain the flushing and water quality inside the bay, and open the bay for improved recreational uses. Nourishment of Hideaway Beach will provide a wider beach, decreasing the adverse effects of storms on the beach and upland properties and AGENDA ITEM ` Page 3 of 6 N0. 14, e- .2` 4CT ?142. I Pc. 1,. OCT i 4 2003 PG. /`� improve sea turtle habitat. The structures will create hard substrate for attachment of help to protect the upland conservation easement which has experienced significant erosion of native vegetation in recent years. The proposed jetty at the entrance to Collier Bay will reduce the shoaling of the channel and will also help to increase the beach width to the west of the channel, thus increasing viable turtle nesting habitat. The results of the monitoring of sea turtle nesting activity along Hideaway Beach for the past eight years are attached under Item 30. 38) Alternatives Analysis: The following represent some of the alternatives considered for this project: a) No further improvements: If no improvements were to occur at this time, the existing temporary T- grains would continue to deteriorate and become less effective, allowing the beach to erode at a faster rate. More property owners would construct seawalls (in addition to the seawall already in place at South Point), and it is possible that the shoreline would eventually be armored in a manner similar to what has occurred at other inlets in Florida. The Collier Bay entrance channel would continue to shoal, causing the channel to migrate further east. This would lead to continued undermining of the seawall and docks along the east bank, threatening the stability of the adjoining residential lots and creating further navigation hazards. b) Beach Nourishment Only: Each year, sand is hauled in from an upland source to address continued erosion along portions of Hideaway Beach. Due to high erosion rates, this has been a high maintenance solution for an ongoing problem. A large scale beach nourishment project, on the order of 200,000 cubic yards, would increase the renourishment interval, however, maintenance costs would remain high. c) Beach Nourishment and Erosion Control: As outlined in the attached permit drawings, this alternative is the most suitable. The new T- groins will replace the existing temporary T- groins. The construction of the T- groins will stabilize a larger portion of Hideaway Beach, and will stabilize the beach fill to reduce long term maintenance costs. The jetty at the entrance to Collier Bay will reduce sand losses into the inlet and reduce scouring of the seawalls on the east side of the inlet. AGENDA . � ITEM .� Page 6 of 6 N0. /_ OCT 1 4 2003 PG. /.ti construction personnel will be responsible for observing water - related activities for the presence of manatees. b) All personnel will be advised that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida manatees Sanctuary Act. c) Construction materials, such as siltation barriers and similar materials, if used, will be made of material in which manatees cannot become entangled and will be properly secured and regularly monitored to avoid manatee entrapment so as not to block manatee entry to or from essential habitat. d) All vessels associated with the construction of this project will operate at "no wake /idle" speeds at all times while in water where the draft of the vessel provides less than a four -foot clearance from the bottom and that vessels will follow routes of deep water whenever possible. e) If manatees are seen within 100 yards of the daily construction operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the operation of all moving equipment to no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of the equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition. f) Any collision with and /or injury to a manatee will be reported immediately to the Florida marine patrol (1 -800- DIAL -FMP) and to the U.S. Fish and Wildlife Service at the Vero Beach Office (561- 562 - 3909). g) Temporary signs concerning manatees will be posted before and during all construction activities. All signs are to b removed upon completion of the project. A sign measuring at least 3 feet by 4 feet which reads Caution: Manatee Area will be posted in a location prominently visible to the vessel operator. The second sig, should be at least 8.5 inches by 11 inches which reads Caution: manatee habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shut down if a manatee comes within 50 feet of operation. A collision with and /or injury to a manatee shall be reported immediately to the Florida marine patrol at 1- 800 -DIAL -FMP (1- 800 - 342 - 5367). The U.S. Fish and Wildlife Service should also be contacted in Vero Beach (561 -562 -3909) 36) Justification: Other than temporary localized turbidity during construction, adverse impacts to the coastal ecosystem are not expected, and the overall impact is expected to be beneficial. The larger scale changes which have been occurring at Capri and Big Marco Pass have resulted in increased wave energy from Capri Pass to the northwest reaching the shoreline west of the entrance to Collier Bay. Material has been transported along the shoreline and created a spit at the west side of the entrance to Collier Bay. This, in turn, has resulted in the inlet channel to Collier Bay migrating to the east, which threatening existing seawalls and docks. The proposed jetty will reduce the shoaling of the channel, in turn reducing some of this pressure off of the seawalls and docks and create safer navigation. The justification for the replacement of the existing T- groins was discussed earlier Item 33. 37) Mitigation: No mitigation is proposed for this project. The potential for adverse effects from the proposed dredging and construction of the beach fill is minimal, if any, and will be offset by the restoration of the beach and turtle nesting habitat area along two erosion areas along Hideaway Beach. The T -groin construction will replace the existing temporary T- groins and is not expected to cause any adverse impacts. The T- groins will !NOA ITEM 1 Page 5 of 6 �- 4 2003 VP7 help to protect the upland conservation easement which has experienced significant erosion of native vegetation in recent years. The proposed jetty at the entrance to Collier Bay will reduce the shoaling of the channel and will also help to increase the beach width to the west of the channel, thus increasing viable turtle nesting habitat. The results of the monitoring of sea turtle nesting activity along Hideaway Beach for the past eight years are attached under Item 30. 38) Alternatives Analysis: The following represent some of the alternatives considered for this project: a) No further improvements: If no improvements were to occur at this time, the existing temporary T- groins would continue to deteriorate and become less effective, allowing the beach to erode at a faster rate. More property owners would construct seawalls (in addition to the seawall already in place at South Point), and it is possible that the shoreline would eventually be armored in a manner similar to what has occurred at other inlets in Florida. The Collier Bay entrance channel would continue to shoal, causing the channel to migrate further east. This would lead to continued undermining of the seawall and docks along the east bank, threatening the stability of the adjoining residential lots and creating further navigation hazards. b) Beach Nourishment Only: Each year, sand is hauled in from an upland source to address continued erosion along portions of Hideaway Beach. Due to high erosion rates, this has been a high maintenance solution for an ongoing problem. A large scale beach nourishment project, on the order of 200,000 cubic yards, would increase the renourishment interval, however, maintenance costs would remain high. c) Beach Nourishment and Erosion Control: As outlined in the attached permit drawings, this alternative is the most suitable. The new T- groins will replace the existing temporary T- groins. The construction of the T- groins will stabilize a larger portion of Hideaway Beach, and will stabilize the beach fill to reduce long term maintenance costs. The jetty at the entrance to Collier Bay will reduce sand losses into the inlet and reduce scouring of the seawalls on the east side of the inlet. AGENDA ITEM Page 6 of 6 No. /- t'- - OCT 1 4 2003 PG. /.ti HUMISTON HIDEAWAY BEACH EROSION CONTROL 0 BAY 5679 STRAND COURT FMOORE ENGINEER FOR: COLLIER COUNTY NAPLES, FL 3411 FAX: 239 594 20 5 AGENOA ITEI COASTAL DATE:08 26 03 FILE:SHEET -3 SCALE:1 =100 PHONE: 239 594 0200. /G G iwn rERw T NwESie" JOB FILE:12028 DATUM:NGVD JJCP ITEM 21 E. v y r y, r� v _ HUMISTON HIDEAWAY BEACH EROSION CONTROL 5679 STRAND COURT MARE SOUTH N PROJECT LIMITS NAPLES, A 34 II ENGINEER FOR: COLLIER COUNTY FAX: 239 594 025 AGENDA ITEM COASTAL DATE:08 26 03 FILE:SHEET -3 SCALE:1 =400 PHONE: 239 5 20Ql ENGINEERING DESIGN AND PERMITTING JOB FILE:12028 DATUM:NGVD JCP ITEM 21 4CI 14� 20D3 m r, SEA v y r y, r� v _ HUMISTON HIDEAWAY BEACH EROSION CONTROL 5679 STRAND COURT MARE SOUTH N PROJECT LIMITS NAPLES, A 34 II ENGINEER FOR: COLLIER COUNTY FAX: 239 594 025 AGENDA ITEM COASTAL DATE:08 26 03 FILE:SHEET -3 SCALE:1 =400 PHONE: 239 5 20Ql ENGINEERING DESIGN AND PERMITTING JOB FILE:12028 DATUM:NGVD JCP ITEM 21 4CI 14� 20D3 m EXECUTIVE SUMMARY APPROVE A WORK ORDER, UNDER CONTRACT # 01 -3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES ENGRNEF�T OR HIDEAWAY BEACH PROJECTS, WITH HUMISTON & RENOURISHMENT DESIGN MAGNETIC ANOMALIES INVESTIGATION, PROJECT 90502, IN THE AMOUNT OF $15,829 OBJECTIVE: To obtain Board of County Commissioners approval of a work order with Humiston & Moore Engineers for the investigation of magnetic anomalies in the proposed borrow areas related to the design of the Hideaway Beach Renourishment project. CONSIDERATIONS: On September 11, 2001, Agenda Item 16.C.13, the BCC approved the Hideaway Beach Renourishment project with a budget of $335,500. An additional $165,500 budget was approved by the BCC under agenda item 10(K) on March 25, 2003. A work order and purchase order were issued to Humiston & Moore (H &M) Engineers for $85,220 to design the project and a permit application has been drafted under a follow -on work order for $103,000. A work order and purchase order were also issued to Coastal Planning & Engineering for $210,448 to perform a sand search for the proposed project. The Board of County Commissioners approved the Beach Access Master Plan at their meeting on May 27, 2003. During that meeting, direction was provided to develop a TDC Category "A" funding policy based on public access and use. Staff was also directed not to let the policy issues impact the schedules of any beach maintenance projects. During the sand search phase of the engineering services, three magnetic anomalies were noted within the proposed borrow area. The Florida Department of Environmental Protection and Florida Department of State, Division of Historical Preservation, require that these anomalies be investigated in order to make the permit application complete. The scope of work includes diving on each of the anomalies and carefully excavating each to determine their origin and cultural or historical significance. The work in this proposed work order is required towards completion of the joint coastal permit application. Submission of the permit application is the subject of separate approval. FISCAL IMPACT: The source of funds is the Tourist Tax and the funds are available from the project budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve up to a $15,829 work order with Humiston & Moore Engineers for the investigation of magnetic anomalies in the proposed borrow areas related to the design of the Hideaway Beach Renourishment groject and authorize the Public Utilities Division Administrator to finalize negotiations and execute the work order. AGENDA ITEM 140. i /.ea;I- OCT 1 4 2003 PG. .-� SUBMITTED BY: Date: < °� Ron Hovell, P.E., Coastal Projects Manager REVIEWED BY: �i� c�„ - �(3 i'A, Date: 2 k S1 c ROY B. Anderson, P.E., Public Utilities Engineering Director REVIEWED BY: Date: C0( z Stephen Y. C ell, P ing/General Services Director APPROVED BY: Date: . DeLony, P.E. ties Administrator ►O.- OCT 4 2003 PG. WORK ORDER #HM- FT -03 -04 Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects Dated November 13, 2001 (Contract #01 -3271) This Work Order is for Professional Engineering Services for Coastal Zone Management Projects for work known as Hideaway Beach Re nourishment Magnetic Anomalies Investigation. The work is specified in the proposal dated August 25, 2003, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #HM- FT -03 -04 is assigned to Humiston & Moore Engineers. Scope of Work: a. Task I - Support of Field Work and Report Preparation b. Task II — Underwater Archeological Investigation Schedule of Work: Complete all work within 90 days of work order execution. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task I $5,960.00 (time & materials) Task II $9.869.00 (time & materials) TOTAL $15,829.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: REVIEWED BY: Ron Hovell, P.E., Coastal Projects Manager Date Roy B. Anderson, P.E., PUED Director Date AUTHORIZED BY: James W. DeLony, P.E., Public Utilities Administrator ACCEPTED BY: Humiston & Moore Engineers Authorized Company Officer Date Ken Humiston, P.E., President Type or Print Name and Title Date No.�a� 4GT 14 ZQ3 PG. �. HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING August 25, 2003 Mr. Ron Hovell, P.E. Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, FL 34112 Re: Hideaway Beach Renourishment, HSM File No. 12028 Dear Ron: 5679 STRAND COURT NAPLES. FLORIDA 34110 FAX: 239 594 2025 PHONE: 239 594 2021 As requested, we are providing a proposal for the investigation of the three magnetic anomalies identified by the preliminary borrow area investigation. The purpose of this investigation is to determine if the magnetic anomalies represent cultural resources that will need to be protected during excavation of the borrow area. The results of this investigation will be submitted as a supplement to the basic permit application for the project. We propose to use Mid - Atlantic Technology and Environmental Research (MATER) as a subconsultant to conduct the field work and provide the archeological expertise that will satisfy the requirements of the State Department of .Historical Preservation. MATER's expertise in this field is accepted by both the Corps of Engineers and the State of Florida. MATER provided the lower of two quotes we obtained from qualified firms to assist with this task. Copies of the quotes are attached. We propose to provide the following services on a time and materials basis. 1. Support of field work, report preparation, and coordination of submittal to DEP. Item.............................. ............................... $ 5,960 2. Mid - Atlantic Technology, Archeological Subconsultant Item.............................. ............................... 9,869 Total............................. ............................... $15,829 0 w Please call if you have any questions. c w C Sincerely yours, m -a HUMISTON & MOORE ENGINEERS �f Kenneth K. Humiston, P.E. AGE 7A IT M� NO. OCT 1 4 2003 PG. EXECUTIVE SUMMARY APPROVE AN AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR TRANSPORTING SCHOOL -AGE RECREATION PROGRAM PARTICIPANTS AT AN ESTIMATED COST OF $70,000 Obiective: To obtain cost- effective and reliable transportation services for recreation program participants. Considerations: For the past sixteen years Collier County has entered into a transportation agreement with the District School Board of Collier County for the transportation of participants of recreation programs, particularly summer camp. Campers are typically taken from their base camp locations to educational and recreation attractions throughout the area. Most campers go on at least two field trips each week. Fourteen hundred children were enrolled in Parks Department summer camps, in 2003. The School Board is the only provider that can meet the transportation needs of the Parks Department summer camp program in a safe, reliable, and cost - effective manner. The Parks Department will use the services of School Board transportation under the provisions of Option A of the Agreement, wherein the School Board will provide buses and drivers at a rate of $19.10 per hour plus $1.31 per mile. This rate is calculated from the time the bus leaves the transportation barn to the time of its return. The rate above is an increase over last year's agreement, under which the County paid $18.31 per hour plus $1.14 per mile. Total expenses under last year's agreement were $44,132. Under Item 7 of the Agreement and pursuant to Section 234.211 (2) (b) Florida Statutes, the County will provide a Certificate of Proof of Required Liability Insurance in the amount of $100,000 to the School Board. The attached Agreement has been approved as to form and legal sufficiency by the County Attorney's office. Once executed, it will be effective until August 31, 2004. Fiscal Impact: Funds are budgeted in association with each camp location within FY 04 MSTD General Fund (I 11) Naples and Immokalee Parks and Golden Gate Community Center Fund (130). Total expense associated with this action is estimated at $70,000. Revenue in the form of summer camp program participant fees is budgeted to recover the expense. Growth Management Impact: No Growth Management Impact is associated with this action. Agendtem OCT 1 4 2003 Recommendation: That the Board of County Commissioners authorize the Chairman to sign the Transportation Agreement with the District School Board of Collier County for the transportation of recreation program participants. Date: Submitted by: ( ---17 Amanda O. Townsend, Operations G6ordinator Park ,#nd Recreation Department Reviewed by: f / �' /� / �� e.F Date: ��tlf, ; aria O. Ramsey, Director Parks and Recreation Dep ent Reviewed by: '--M'W44 I (I ,f �" Date: J 1 �U��, Steve arnell, Director Pu#Vhasing Department / Approved by: L Date: Ula. 4Dision Dunnuck, Administrator of Public Services Agend Item Nc, 0 C T 1 4 2003 TRANSPORTATION AGREENi" FOR NONPROFIT ORGANIZATI&BW" TRANSPORTING SCHOOL -AGE CHILDREN THIS AGREEMENT made and entered into this oZ d day of , 2003 by and between the DISTRICT SCHOOL BOARD OF COLLIER OUNTY, FLORIDA and, COLLIER COUNTY PARKS AND RECREATION. WHEREAS, Chapter 1006 of the Florida Statutes authorizes local school districts to enter into agreements with nonprofit corporations and nonprofit civic associations and groups for the transportation of school age children for activities sponsored by these organizations, and WHEREAS, the Organization is a nonprofit corporation or nonprofit civic association, and WHEREAS, the School Board desires to assist the Organization in providing transportation to school age children for activities sponsored by the organization, and WHEREAS, this Agreement contemplates three (3) use options with concomitant reimbursement from the Organization to the School Board, IT IS THEREFORE AGREED: that the School Board shall provide buses, drivers or ESE attendants in accordance with the terms provided herein for purposes of this agreement. For purposes of this agreement, operated mile is defined as every mile driven for each bus operated in support of the Organization's program, whether with passengers or not, and to include necessary trips to and from a School Board Transportation Department facility Board. 1. Option A — Bus and Driver Mileage will be recorded and billed by the School a. Organization shall reimburse the School Board for each vehicle with driver at the rate of $19.10 per hour and $1.31 per operated mile for each bus and driver plus a $10.00 fee for cleaning and maintenance. b. Organization will be billed a minimum of two hours plus mileage for each vehicle and driver. Agend tem. No.�� C C T 1 4 2003 Pg. 3 2. Option B — Bus, Driver and ESE Attendant a. Organization shall reimburse the School Board at the rate of $34.64 per hour and $1.3.1 per operated mile for each vehicle with driver and attendant plus a $10.00 fee for cleaning and maintenance. b. Organization shall be billed a minimum of two hours plus mileage for each vehicle with driver and ESE attendant. 3. Option C — Bus Only a. Organization shall reimburse the School Board at the rate of $1.31 per operated mile for each bus. b. Each bus shall be returned to the Transportation Department of the School Board at the end of each operating day. c. The Organization will be assessed a $10.00 cleaning fee for each bus checked back in if it is not cleaned. e. Organization provided drivers shall be properly licensed and approved as school bus drivers by the Transportation Department of the School Board. 4. The Organization agrees that all requests for use of buses and/or drivers and/or ESE attendants will be made at least two weeks prior to the date requested. All service is contingent upon bus and/or driver and/or ESE attendant availability. 5. The Organization agrees that in the event of a cancellation, the School Board will be given at least 24 hours advance notice. In the event that notice of cancellation issued to the School Board is less than 24 hours, a 2 hour charge per vehicle will be due and payable to the School Board. 6. Payment for services rendered or due shall be assessed by the School Board by the 10`h of each month and paid by the Organization by the 30`h of each month. 7. The Organization shall indemnify and save the School Board harmless from and against any and all liability and costs arising from injury to persons or property occasioned wholly or in part by any act or omission of the Licensee, its employees, members, invitees and all other persons whom the licensee permits in, on or about the building/grounds designated herein, except to the extent that such liability and costs result from the sole negligence of the School Boar 1, its 4 t l No. C i 1 4 2003 PO• employees. The Licensee shall defend any and all actions, suits or proceedings which may be brought against the School Board, or in which the School Board may be impleaded or joined with others as a result of the Licensee's use of the building/grounds designated herein, and shall satisfy, pay and discharge any and all such judgments, order and decrees that may be recovered against the Licensee or the School Board, in any such action or proceedings. g. The Organization agrees that at all times material to this Agreement, it shall provide liability insurance coverage in the minimum amounts of $100,000.00 on any claim or judgments and $200,000.00 on all claims and judgments arising from the same incident or occurrence. The Organization shall, at the request of the School Board, present proof of such insurance to the School Board. 9. The Organization agrees that there shall be no fee charged to passengers on the bus. 10. Each Organization entering into a Transportation Agreement with Collier County Public Schools under Option C shall comply fully with the Omnibus Transportation Employee Testing Act of 1991. The Act requires persons who ate operators of commercial motor vehicles, including school bus drivers, and who are subject to the requirements of a Commercial Driver License (CDL), be tested for drugs and alcohol in compliance with the Act. The Organization may utilize the school district's approved testing lab and the Organization shall pay the costs for each person tested by the laboratory. 11. The use of vehicles by the Organization shall at all times be subject to rules adopted by the School Board. 12. The Agreement shall commence on the date first above written and remain in effect through August 31, 2004. 13. This Agreement represents the entire Agreement between the parties and may not be amended except by written instrument signed by all parties hereto. 14. All the terms and provisions of this Agreement shall be binding upon, inure to the d� n ter No. �1-- be enforceable by the parties and their legal representatives, successors and assigns 0 C T 1 4 2003 si pg. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. Signed in the Presence of.- Witness f /School Board Witness f /School Board Print Name: /ML ie P Oupv ATTEST: DWIGHT E. BROCK, CLERK ' tt; i P.19ga 8s1- i iell4y Assis4a =t. :ounty Attorney DISTRICT SCHOOL BOARD OF COLLIER COUNTY BY: "Ong"Z Dr. H. B. Marlin Superintendent BY Linda Abbott, Chair C BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA Tom Henning, Chairman -- Agenda Item C C T 1 4 2003 P9. EXECUTIVE SUMMARY APPROVAL TO DEDICATE CAPRI PARK TO THE MEMORY OF DOC LOACH Obiective: To honor the intent of the neighborhood park program that residents should fully participate in the decisions regarding the implementation of a park in their neighborhood. Considerations: Capri Park on Isles of Capri is nearing completion. The park has been purchased and developed through the neighborhood park program, with a park development committee consisting of area residents contributing to the decision - making processes involved. Marlee Rognrud, chair of the park development committee, has asked that the park be dedicated to the memory of Doc Loach, developer of Isles of Capri. Ms. Rognrud writes, "Doc Loach was the developer of Isles of Capri. lie had a vision of a fisherman's paradise. He joined the four isles together and started development. He raised his family here as well. We want his memory preserved as all his family has now left the island. We feel he is an important part of our history. When children ask about the plaque we want everyone to know the story and pass it on." A 10- inch -by -12 -inch plaque to be paid for by the Isles of Capri Civic Association and !-)laced in the park will read: This park is dedicated in fond memory of Doc Loach (1907 - 1987) without whose vision Isles of Capri would not exist. Because the park's name will remain Capri Park, this request does not fall under the Board- approved Policy for Naming County -Owned Buildings, Structures or Facilities. However, this request does fall within that policy's parameters, specifically that the honoree "must have performed significant, direct local benefit to the facility, the site of the facility, or at least the general geographic area of the facility." Fiscal Impact: No fiscal impact is associated with this action. Growth Management Impact: The Growth Management Plan does not inventory neighborhood parks. Recommendation: Staff recommends that the Board of County Commissioners approve the petitioner's request to dedicate Capri Park to the memory of Doc Loach. V � k _Y 1 2113 Date: Submitted by ' �anda O. wnsend, oordinator To Parks and ecre tion Department , Reviewed by: ✓ Date: Marla O. Ramse erector Parks and Recreation Department Date. Approved by: — —L Jo Dunnuck, Administrator ubli Di ision of Pc Services AgendA Item No. 0 C T 1 4 2003 Pg•j2--- EXECUTIVE SUMMARY APPROVE AND FUND A SHORT -TERM MAINTENANCE SCHEDULE FOR SHELL ISLAND ROAD, IN AN AMOUNT NOT TO EXCEED $30,000 Objective: To provide safe access to facilities used by the public. Considerations: Historically Collier County maintained Shell Island Road, an unpaved right -of -way, connecting SR 951 (Collier Boulevard) with the Conservancy's Boat Ramp on Hall Bay, through a schedule of regular grading. There is some question as to exactly who actually owns this road. Approximately two years ago the Transportation Department suspended regular maintenance, on the basis that no Board policy provides for the maintenance of privately owned roadways. Maintenance within the past two years has been intermittent, approved and funded for short terms only. Because of a lack of regular maintenance, the quality of the road has diminished to the point that visitors, volunteer staff, and the school buses are limiting visits to Rookery Bay's environmental facilities due to safety concerns. Last year the Board authorized funding of the maintenance of the road and authorized staff to negotiate with Rookery Bay and the Conservancy to develop an agreement to improve Shell Island Road with a pervious asphalt surface that will prolong the life of the road for an additional ten to fifteen years. In exchange for half of the cost of these improvements, the County would receive use of the boat ramp at the end of Shell Island Road for the public. (The Conservancy of Southwest Florida currently owns the boat ramp, but purchase of it by Rookery Bay is forthcoming.) While last year, Rookery Bay was too late in the budget and grant cycle to provide cost sharing, they hope to find the necessary funds within the coming months to include in next year's budget. If awarded, these funds would provide the County enough cost benefit to move forward with a long term agreement. The continuation of a short-term (eight- to twelve- month) maintenance schedule for Shell Island Road, in the interim, would allow the boat ramp to remain open thus helping relieve the stress on the County system. This boat ramp is not presently inventoried in the County's growth management plan; however, the acquisition of this ramp is planned for in the Boat and Beach Access master Plan. Fiscal Impact: Staff has prepared a budget amendment in the amount of $30,000 to fund a short -term maintenance schedule. Source of funds will be Unincorporated General Fund (I 11) Reserves. Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County continuation of a short-term maintenance schedule for necessary budget amendment, and direct staff to understanding that outlines the intended partnership. Commissioners approves the Shell Island Road, approve the develop a memorandum of v t� t Qrr f �_., Submitted by: Reviewed by: Reviewed by: Reviewed by: Approved by: J s K. Fitzek, erations 1Vlanager ) ar � and Recreatio Department My rla O. Ramsey, rirecTr Parks and Recreatio D art ent Mike UntevW�e amaki, Director Road Department No Feder, Administrator Di sion of Transportation Division of Public Services Date: ? Date: O Date: 10 S h3 Date: u Date: It /i, / ' legeTdI te No . G C i 1 4 2003 Pg•_.2- EXECUTIVE SUMMARY REJECT PROPOSALS RECEIVED UNDER RFP 01 -3228, "DESIGN OF THE VANDERBILT BEACH PARKING FACILITY ". OBJECTIVE: To reject all proposals received on June 8, 2001 for the design of the Vanderbilt Beach Parking Facility. The award of the contract was delayed over two years pending litigation. CONSIDERATIONS: This RFP was publicly posted on April 27, 2001, which resulted in four proposals being suornitted on June 8, 2001. The selection Committee, by consensus, short listed three firms with Walker Parking Consultants being rated number one. Prior to the negotiations with Walker, staff was informed that litigation had started concerning the Parking Garage. Staff asked, and Walker agreed, to delay the negotiations until the County received an answer to the County's petition for a declaratory judgment that would enable the project to proceed. While the case has still not been officially resolved, recognizing that two years have passed, the Purchasing Department is recommending that the project be rebid due to changing conditions of the project. In addition, at this time, there might be a better response to the RFP than the original four proposals received. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT PLAN: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners reject all the proposals received under RFP 01 -3228 for the design of the Vanderbilt Beach Parking Garage. Prepared by: C.�� Date: d -e' o 3 JkCrognale, P cipal Project Manager acilitires Management Rey: b : Dater S ip am , CFM, irector Facilities Management Reviewed by: Date: Steve Carrell, Di ctor Purchasing Department Approved by: ��- t � - Date: )t J, John dunnuck, Administrator J Public Services Division AGE A .ITEM, / OCT 1 4 2003 P4• ' EXECUTIVE SUMMARY REQUEST BOARD APPROVAL FOR A FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN COLLIER COUNTY AND CROWN CASTLE GT COMPANY AT AN ANNUAL COST OF $6,300. OBJECTIVE: Request Board approval for a first amendment to lease agreement between Collier County and Crown Castle GT Company at an annual cost of $6,300. CONSIDERATIONS: On October 26, 1994 the Board approved contract 94 -2201 with Ericsson Inc., now M/A COM Private Radio Systems Inc., for construction of the 800 MHz trunked radio system. On June 25, 2002 the Board approved the addition of two sites to the radio system. Collier County leased radio tower and equipment space from GTE Mobilnet, now Crown Castle GT Company, at 1899 Trade Center Way during the implementation of the radio system. It has been determined that use of this site will be expanded to accommodate an additional microwave antenna for connectivity to one of the two new radio system sites. In addition an antenna is being added to this site for the irrigation control system used by the Transportation Division. All other conditions in the original lease remain unchanged. --- FISCAL IMPACT: Annual rent for this site will increase by $6,300. Funds are available in Fund 188, the traffic ticket surcharge. A budget amendment will be required in FY04 to increase the operating line item for lease payments. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: • Approve the first amendment to lease agreement. • Authorize necessary Budget Amendments PREPARED BY: ?0-4�f% Daly -, Tel /` ..� REVIEWED BY: y- Barry - 3u -0 Manager Technology Director REVIEWED BY: Michael Dowling, Real Property Specialist REVIEWED BY"Golden e, Administrative Services Administrator AGE WA ITEM 0 C T 14 2003 Lessee Site Name: North Naples Lessor Site Name: Naples North Lessee Site Number: N/A Sublessor JDE Business Unit: 815473 License Number: 36773 FIRST AMENDMENT TO RADIO TOWER LEASE AGREEMENT THIS FIRST AMENDMENT to Radio Tower Lease Agreement (this "Amendment") is made this — day of , 200—, by and between Crown Castle GT Company LLC, a Delaware limited liability company ( "LESSOR "), and Board of County Commissioners, Collier County, Florida ( "LESSEE "). WHEREAS, on April 18, 1995, Collier County and GTE Mobilnet of Tampa Incorporated, a Delaware corporation entered into a Radio Tower Lease Agreement (the "Agreement ") whereby Collier County leased from GTE Mobilnet of Tampa Incorporated, certain space at a telecommunications facility located at 1899 Trade Center Lot/12 /Section 11, Naples, Florida (the "Demised Premises "); and, WHEREAS, on January 31, 2000, the Demised Premises was conveyed by Florida RSA . #113 (Naples) Limited Partnership, a Delaware limited Partnership to LESSOR via a Special Warranty Deed; and, WHEREAS, LESSEE desires to amend the Agreement in order to add additional equipment to LESSEE's existing equipment at the Demised Premises. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to be legally bound to this Amendment as follows: 1. Paragraph Two (2) entitled Communication Equipment shall be amended and further supplemented as follows: In coordination with LESSOR, LESSEE shall add one (1) Decibel DB536 -G antenna and one (1) 7/8" feedline at a Center Line Elevation of 250', one (1) Andrew PL6 -65D microwave dish and one (1) EW63 feedline at a Center Line Elevation of 140', and one (1) Andrew PL4 -65 microwave dish and one (1) EW63 feedline at a Center Line Elevation of 110'. LESSEE and LESSOR further agree that LESSEE shall forfeit its right to have one (1) Andrew PL6 -65D at 200'. The equipment referenced herein is more particularly described on Crown's Engineering Data Sheet entitled Exhibit "A" attached hereto and made apart hereof. 2. Section Four (4) of the Agreement entitled Rent shall be amended and modified to include the following: LESSEE shall pay additional monthly rent in the amount of five hundred twenty - five ($525.00) for the additional equipment to be installed at the Demised Premises ( "Additional Payment "). This Additional Payment shall be adde [AGENDA ITEM monthly rent stated in Section Four (4) of the Agreement. The monthly re '' 1,,4 2003 Prepared by: JAWilliams � Prepared on: 7/10/03 Lessee Site Name: North Naples Lessee Site Number: N/A Lessor Site Name: Naples North Sublessor 1DE Business Unit: 815473 License Number: 36773 stated in the Agreement, including the Additional Payment mentioned herein will continue to be subject to any rental increase provisions referenced in the Agreement. Lessee and Lessor further agree that the effective date for the Additional Payment shall be the earlier of (i) the first of the month following installation of Lessee's equipment, or (ii) 180 days after Lessee executes the Amendment. 3. All other provisions of the License shall remain in full force and effect. Prepared by: JAWilliams Prepared on: 7/10/03 AG ITEM 0 C T 1 4 2003 pg. Lessee Site Name: North Naples Lessee Site Number: N/A Lessor Site Name: Naples North Sublessor JDE Business Unit: 815473 License Number: 36773 IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Radio Tower Lease Agreement the day and year first above written. AS TO THE LESSOR: Crown Castle GT Company LLC DATED: a Delaware limited liability company BY: Witness (signature) Print Name: Henry Perez Title: Area President- Florida/Puerto Rico Region: Florida/Puerto Rico (print name) Witness (signature) , (print name) AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk Approved as to form and legal sufficiency: i Molas C. Palmer Assistant County Attorney Prepared by: JAWilliam Prepared on: 7/10/03 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: Tom Henning, Chairman AGE WA ITEM No._I OCT 1 4 2003 Crown Castle Online Application lINiEINItT10N�1 i' Application ID: 2870 Page 1 of 3 Customer Approved: 09 Jul 2003 Revision # 7 Submitted: 30 Jun 2003 Original App Date: 11 Feb 2003 Desired Install Date: 31 Jul 2003 Reason for Application- Replacing existing antennas with JDE Sob Number 40946 new equipment Applications are subject to applicable Crown Castle engineering, regulatory, zoning/ planning, and priority property-owner approval. Approval conditions may result in alternative requirements for type and /or placement of equipment. Approval conditions may also lead to additional or revised engineering analysis at Crown Castle discretion and upon consent of the customer. Company /Contact Information Site Information Company: COLLIER COUNTY Customer NORTH Customer ADMINIDTRATION BUILDING 3301 Site Name: NAPLES Site Number: N/A Address: EAST TAMIAMI TRAIL Crown Castle NAPLES NORTH City/Town: NAPLES Site Name: County: N/A Crown Castle 815473 - Site ID: State: FL Postal Code: 33962 Address: 1899 TRADE CENTER LOT12 /SECTION 11 Customer N/A Cit. /Town NAPLES Job Number: Mech y # Fig. Pos. Elev Azimuth Tilt Mfg. Model Technology Start Stop Start Stop Use Orientation State: FL Postal Code: 33942 Primary JOHN Phone: 239 -73-) 2 9 A 110ft 72 N/A ANDREW PL4 -65 MW Link 6590.0 6591.0 Contact: DALY 2531 County: Collier Site Status: N/A E -mail: JOHNDALY @COLLIERGOV.NET Latitude: 26° 13' 32.0" Longitude: -810 46'46.0" Fax: 239- 530 -5306 Structure Type: SELF Structure Height: 285 ft SUPPORT RF Contact: N/A Phone: N/A E -mail: N/A Antenna Information C Line Mech Transmit Transmit Receive Receive # Fig. Pos. Elev Azimuth Tilt Mfg. Model Technology Start Stop Start Stop Use Orientation 1 9 A 140ft 72 N/A ANDREW PL6 -65D MW Link 6590.0 6591.0 6610.0 6611.0 Tx /RxMid -Mount 2 9 A 110ft 72 N/A ANDREW PL4 -65 MW Link 6590.0 6591.0 6610.0 6611.0 Tx /RxMid -Mount 3 9 A 250ft 0 N/A DECIBEL DB536 -G Analog 453.85 454.85 458.85 459.35 Tx /RxInverted Feedline Information # Fig.Pos. Qty Mfg. 1 9 A 1 Primary: ANDREW Secondary: N/A 2 9 A 1 Primary: ANDREW %Secondary: N/A 3 9 A 1 Primary: ANDREW Secondary: N/A Optional Component Information Model Connector Type Color Code Length EW63 N/A N/A 190 ft EW63 N/A N/A 160 ft LDF5 -50A N Type N/A 300 ft Lightning Suppressor # Fig.Pos. Mfg. Model 1 9 A POLYPHASER IS- B50LN -C2 -MA 2 9 A POLYPHASER IS- B50LN -C2 -MA 3 9 A N/A N/A Base Station Information Elev. 2 N/A AGE JA ITEM' NO. 0 C T 1 4 2003 �9' .5-- -- Tower Mounted Amplifier Mfg. Model Gain (dB) Elev. 1 N/A N/A N/A N/A N/A N/A N/A N/ N/A N/A N/A N/17 Elev. 2 N/A AGE JA ITEM' NO. 0 C T 1 4 2003 �9' .5-- -- Crown Castle Online Application Page 2 of 3 Comments /Additional Information Comments: COLLIER CTY HAS AN EXISTING TRANSMIT ANT ON THE NE LEG OF THIS TOWER (CLOSE TO THE N LEG IN DIAGRAM 6 - PROPOSE INVERTING THE UHF ANT). MICROWAVE ANT WILL BE MOUNTED ON THE SAME LEG (N) AT 140' FACING NE, 72 DEGREE AZ, W/A DEVERSITY ANT @ 110'. UFG TRANSMITTER AND MICROWAVE RADIO WILL BE PLACED IN THE COUNTY'S EXISTING EQUIPMENT SHELTER. PER CSTMR: NO AZ FOR ANT @ 250' B/C ITS AN OMNI. PROVIDED BY CSTMR =ANT @250 - TX453.8500/ 453.8500 RX 458.8500/458.3500. ANTS @140 & 110 - TX 6590 MHZ RX 6610 MHZ. EXIST ANTS: 1 ANDREW PL6- 650 @142'; 3 SINCLAIR SRL310C802B @263'. 2 MAXRAD MYA4505 @56' & 54' to be removed and County has given up rights to ANDREW PL6 -650 reserved at 200' level. * *Indicates where Cut Sheet data has been entered. NOTICE: Structural Analysis shall be performed in accordance with the current revision of the TIA /EIA 222 standard and applicable local building permit codes and standards. EME analysis shall be consistent with current revision of FCC /OSHA standard OETB 65. AM detuning, when required, will be performed to 47 CFR22.371. Thq customer is responsible for all analysis expenses. All construction drawings are subject to Crown Castle engineering approval prior to commencement of tower attachments and compound installations. Installation of equipment not conforming to approved drawings may violate the terms of the occupancy agreement and will be corrected at the customers expense. Crown Castle International requires drawings for pre- construction approval and as built drawings for physical configuration validation to be submitted as unlocked AutoCAD files (Version 2000i preferred). A4ENt)A ITEM Appendix A - Antenna, Feedline & TMA Specifications No'=– —� Antenna Specifications 0 C T 1 4 2003 P9. Station i Station 2 Manufacturer M/A COM HARRIS Model MASTER III CONSTILATION Max. Transmit Antenna Power EIRP (Watts) 1 1 Connector Type N TYPE N/A Base Station Power (Watts) N/A N/A Transmitter Intermod Protection(if required) Band Pass Filter Manufacturer N/A N/A Band Pass Filter Model N/A N/A Band Pass Filter Range N/A N/A Duplexor Manufacturer N/A N/A Duplexor Model N/A N/A Duplexor Tx /Rx Isolation N/A N/A Building /Pad /Power Requirements Type L W H Power Requirements - Building Requirements VAC 120 Phase Single Phase New Building /Shelter N/A N/A N/A N/A Amps 200 Existing Building/ Shelter Floor Space 20ft 12ft 8ft Building Identification 0 Generator Needed? No Generator Size (kW) N/A Pad Requirements Generator Fuel N/A Generator N/A -- Required Leased Size N/A N/A N/A Type Manufacturer N/A N/A Generator Fuel N/A Generator N/A Pad Size Tank Size Model Number of Equipment Cabinets at time of Install 0 Battery Requirements Quantity 0 Manufacturer N/A Model N/A Comments /Additional Information Comments: COLLIER CTY HAS AN EXISTING TRANSMIT ANT ON THE NE LEG OF THIS TOWER (CLOSE TO THE N LEG IN DIAGRAM 6 - PROPOSE INVERTING THE UHF ANT). MICROWAVE ANT WILL BE MOUNTED ON THE SAME LEG (N) AT 140' FACING NE, 72 DEGREE AZ, W/A DEVERSITY ANT @ 110'. UFG TRANSMITTER AND MICROWAVE RADIO WILL BE PLACED IN THE COUNTY'S EXISTING EQUIPMENT SHELTER. PER CSTMR: NO AZ FOR ANT @ 250' B/C ITS AN OMNI. PROVIDED BY CSTMR =ANT @250 - TX453.8500/ 453.8500 RX 458.8500/458.3500. ANTS @140 & 110 - TX 6590 MHZ RX 6610 MHZ. EXIST ANTS: 1 ANDREW PL6- 650 @142'; 3 SINCLAIR SRL310C802B @263'. 2 MAXRAD MYA4505 @56' & 54' to be removed and County has given up rights to ANDREW PL6 -650 reserved at 200' level. * *Indicates where Cut Sheet data has been entered. NOTICE: Structural Analysis shall be performed in accordance with the current revision of the TIA /EIA 222 standard and applicable local building permit codes and standards. EME analysis shall be consistent with current revision of FCC /OSHA standard OETB 65. AM detuning, when required, will be performed to 47 CFR22.371. Thq customer is responsible for all analysis expenses. All construction drawings are subject to Crown Castle engineering approval prior to commencement of tower attachments and compound installations. Installation of equipment not conforming to approved drawings may violate the terms of the occupancy agreement and will be corrected at the customers expense. Crown Castle International requires drawings for pre- construction approval and as built drawings for physical configuration validation to be submitted as unlocked AutoCAD files (Version 2000i preferred). A4ENt)A ITEM Appendix A - Antenna, Feedline & TMA Specifications No'=– —� Antenna Specifications 0 C T 1 4 2003 P9. Crown Castle Online Application Pale 3 of 3 Quantity Manufacturer Model Type Height Width Depth Weight Flat Plate Area 1 DECIBEL DB536 -G OMNI 135.72 IN 2.5 IN 0.0 IN 15.0 LBS 1.08 FT2 - 1 ANDREW PL4 -65 MICROWAVE DISH 48.0 IN 48.0 IN 19.35 IN 104.0 LBS 12.6 F172 1 ANDREW PL6 -65D MICROWAVE DISH 72.0 IN 72.0 IN 24.87 IN 143.0 LBS 28.27 FT2 Feediine Specifications Quantity Manufacturer Model Nominal Size Nominal O.D. 1 ANDREW LDF5 -50A 7/8" 1.09 IN 2 ANDREW EW63 ELLIPTICAL 1.16 IN l l AGEMOA ITEM No. / 67 — yy Ins 0 C T 1 4 2003 Pg• ORIGINAL Ce RADIO TOWER LEASE AGREEMENT STATE OF FLORIDA COUNTY OF COLLIER KNOW ALL MEN BY THESE PRESENTS, THAT: This Radio Tower Lease Agreement, hereinafter refe red to as Lease, is made and entered into this day of 1995, between COLLIE COUNTY, a polit' cal s bdivision of the State of Florida, whose address is 3301 East Tamiami Trail, Naples, Florida 33962, hereinafter referred 'to as LESSEE and GTE MOBILNET OF TAMPA. INCORPORATED, whose address is 600 North Westshore Boulevard, Suite 900, Tampa, Florida 33609, hereinafter referred to as LESSOR. WITNESSETH: 1. Demised Premises: LESSOR hereby leases and grants permission to LESSEE and LESSEE hereby leases from LESSOR, space on a radio tower structure and associated ground space for placement of a 12' x 20' concrete portable building, per attached Exhibit "A ", owned and operated by LESSOR, hereinafter referred to as Demised Premises which is located at 1899 Trade Center Way, Naples, Florida, county of Collier, State of Florida and said tower being located at latitude 26 degrees, 13 minutes, 29 seconds and longitude 81 degrees, 46 minutes, 44 seconds. 2. Communication Equipment: LESSOR hereby grants permission to LESSEE to install and operate the following described communications equipment, building, generator and associated equipment on or in the Leased Premises: A. Up to three (3) 12 DB Sinclair antennas (see Exhibit "A ") operation on frequency 800 MHz with the antenna at a permanent location of 250 feet on LESSOR'S 285 foot tower. One (1) 6 ft. Microwave Dish with Radome at 200 ft. and one (1) 8 ft. Microwave Dish with Radome at 150 ft. The exact location of antennas shall be supplied to LESSOR in the form of as built drawing. After installation no alterations hereafter shall be made without prior written approval and acceptance by Lessor, such approval not to be unreasonably withheld. The RF feedline shall be 1 5/8 inches. (All tower attachments shall be galvanized metal and conform to specification by Pate Engineering). AGE— A— �T M No. OCT 14 2403 p9'---.? B. Radio communication equipment consisting of Transmitter and Receivers and accessories to be installed in LESSOR'S equipment house located near the base of the Tower in accordance with the site plan attached hereto as Exhibit "B". For the purposes of this agreement, all of Tenant's equipment, building, panels, generator, cables, wires, antennas, and accessories shall hereinafter collectively be referred to as "Communications Equipment" or "Communications Center ". 3. Term: The primary term of this Lease shall be Five (5) year and shall commence on �(- �S� and shall terminate on subject to extensions as set forth in Paragraph 8 below and the Amendment to and Assignment of Lease dated February 16,1965 between Collier Development Corporation and the Board of County Commissioners in and for Collier County as amended July 8, 1992. 4. Rent: During the primary term of the Lease, as rental for the Demised Premises, LESSEE will pay LESSOR at the address designated in paragraph number 10, the annual sum of Ten dollars and No Cents ($10.00) payable yearly all in advance. In the event this Lease is extended beyond the primary term, as hereinafter provided, the yearly rental shall be the same as the primary term of the Lease due upon the anniversary date of t ais Lease. 5. Use: LESSEE will use the Demised Premises for the sole purpose of construction and operating a Communications center. LESSEE shall use the Demised Premises for no other purpose, without the prior written consent of the LESSOR. 6. Access: LESSOR agrees that during the term of this Lease or its extensions as hereinafter provided LESSEE,' shall have reasonable ingress and egress on a twenty -four (24) hours basis to the Demised Premises for the purposes of maintenance, installation, repair and removal of said Communications Equipment. It is agreed however, that only 'authorized engineer or employees of LESSEE, or persons under LESSEE'S direct supervision, will be permitted to enter the said Demised Premises to install, remove and /or repair LESSEE'S Communication Equipment. LESSEE is responsible for the cost of such activities and will notify LESSOR in advance of its need to install or repair its Communications Equipment located on the Demised Premises, EXEMPT HOWEVER, in the case of an emergency whereupon notification shall be given as soon as reasonably possible. 7. Utilities and LESSEE'S Cost: LESSEE shall be solely responsible for and promptly pay off charges for telephone and any other utility used or consumed by LESSEE on the Demised Premises. LESSOR shall advise LESSEE of and fully cooperate AGE A I M siUsc2.doc 2 OCT 1 4 2003 Pg. with any utility company requesting an easement over and across the Demised Premises or other lands owned by LESSOR, in order that such utility company may provide service to LESSEE. 8. Extension: LESSEE shall have the option to extend this Lease by a series of three (3) additional terms of five (5) years eabh so long as it has abided by the terms and conditions of the Lease and is not currently in default hereunder. LESSEE shall give written Notice to LESSOR of its intention to extend during the last six (6) months of the primary term or any extensions thereof, as the case may be, but in no event shall such notice by less than thirty (30) days prior to the expiration of any such term. In the event LESSEE exercises its option to extend this Lease, the Lease amount shall be the same amount as the primary term of this Lease. 9. Holding Over: If LESSEE should remain in possession of the Demised Premises after the expiration of the primary term or any extension of this Lease, without the exercise of the option or the execution by LESSOR and LESSEE of new Lease, the LESSEE shall be deemed to be occupying the Demised Premises as a tenant -at- sufferance on a month -to -month basis, subject- of all the covenants and obligation of this Lease. 10. Notices: Any notice shall be in writing and shall be delivered by hand or sent by United States Registered or Certified Mail, postage prepaid, addressed as follows: LESSEE: LESSOR: Collier County Government GTE Mobilnet of Tampa Administration Building Incorporated 3301 East Tamiami Trail 600 N. Westshore Blvd. Naples, FL 33962 Suite 900 Tampa, FL 33609 cc: Office of the County Attorney Either party hereto may change its address to which said notice shall be delivered or mailed by giving notice of such change as provided above. Notice shall be deemed given when delivered (if delivered by hand) or when postmarked (if sent properly by mail). 11.Liability and Indemnity:To the extent permitted by law, LESSEE agrees to indemnify and save the LESSOR harmless from all claims for personal injury or death (including costs and expenses of defending against such claims) arising from the negligence or willful misconduct of LESSEE or LESSEE'S agents, employees or contractors occurring during the term of this Lease or any extensions hereof, in or about the Demised Premises, except if such personal injury or death is the result of the gross negligence of the LESSOR, its employees or contractors. LESSEE agrees to use and occupy the Demised Premises "as is" at the LESSEE'S risk and, to the extent permitted by law, hereby releases LESSOR, its agents and employees from all claims of damage to LESSEE'S property on the Demised Premises, or personal injury and /or death caused by the condition of the Demised Premises during the term of this Lease and any extensions hereof. shi=eld« o.EJNo. 3 OCT 1 4 2003 12. Defaults and Remedies: Not withstanding anything in the Lease to the contrary, LESSEE shall not be in default under this Lease unit: A. In the case of a failure to pay rent or other sums due under this Lease, fifteen (15) days after receipt of written notice thereof from LESSOR, or: B. In the case of any other, thirty (30) days after receipt of written notice thereof from LESSOR; provided, however, where any such default cannot reasonably be cured within thirty (30) days, LESSEE shall not be deemed to be in default under the Lease if LESSEE commences to cure such default within said thirty (30) day period and thereafter diligently pursues such cure to completion. In the event of LESSEE'S default in the payment of rentals or LESSEE'S failure to comply with any other material provision of this Lease, LESSOR may, as is option, terminate this Lease without effecting its right to sue for all past due rentals, and any other damages to which the LESSOR may be entitled. Should LESSOR be entitled to collect rentals or damages and be forced to do so through legal procedures, the prevailing party shall be entitled to collect reasonable attorney's fees and costs thereby incurred upon said collection. 13. Taxes: LESSEE shall pay annually amount equal to any increase in real estate taxes and /or personal property taxes that may be attributable to any improvement to the Demised Premises made by LESSEE. If such tax is paid by LESSOR, LESSEE shall reimburse LESSOR for the amount of any such tax payment within sixty (60) days or receipt of sufficient documentation indicating the amount paid and the calculation of LESSEE'S pro -rata share. Upon written request by LESSEE, LESSOR shall furnish evident of payment of all taxes. 14. Insurance: LESSEE shall, at its expense, maintain in force during the term of this Lease, a combined single limit policy of bodily injury and property damage insurance, with a limit of not less than $1,000,000.00 insuring LESSOR and LESSEE against all liability arising out of the use, occupancy or maintenance of the Demised Premises and appurtenant areas, which policy shall be endorsed as a primary insurance as to LESSOR. 15. Interference: Lessee covenants and agrees that Lessee's Communication Equipment, its installations, operation and maintenance will: A. Not irreparably damage the radio tower structure and accessories thereto. sidseldoc 4 FAGIN I T � OCT OCT 1 1 4 2003 _ ;,y•. B. Not interfere with the operation of LESSOR'S radio equipment or other tenants currently on said tower. In the event there is interference by Lessee, Lessee will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If Tenant is unable to eliminate such interference caused by it within a reasonable period of time, Tenant agrees to remove its antennas from LESSOR'S property and this agreement shall terminate. C. Not interfere with the maintenance of LESSOR'S tower and tower lighting system. D. comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and /or State concerned. 16. Fixtures: LESSOR covenants and agrees that no part of the improvements constructed, erected or placed by LESSEE on the Demised Premises or other real property owned by LESSOR shall be or become or be considered as being, affixed to or a part of LESSOR'S real property and any an all provisions and principles of law to the contrary notwithstanding, it being- the specific intention of the LESSOR to covenant and agree that all improvements of every kind and nature constructed, erected or placed by LESSEE on the Demised Premises or other real property owed by LESSOR shall be and remaining the property of the LESSEE. 17. Assignment and Subletting: LESSEE may not assign or sublet the Demised Premises or any part thereof without the written consent of LESSOR, which consent shall not be unreasonably withheld. 18. Memorandum of Lease: Following the execution of this Lease, either party, at its sole expense, shall be entitled to file the Memorandum of Lease of record in the Collier Collier where the Demised Premises is located. 19. Entire Agreement and Binding Effect: This Lease and any attached exhibits signed or initialed by the parties constitute the entire agreement between LESSOR and LESSEE; no prior written or prior contemporaneous or subsequent oral promises or representations shall be binding. This Lease shall not be amended or changed except by written instrument signed by both parties hereto. Paragraph captions herein are for convenience only, and neither limit nor amplify the provision of this Lease. The provisions of this lease shall be binding upon and inure to benefit of the heirs, executors, administrators, successors and the restriction hereon in connection with assignment and subletting by LESSEE. sidW2.&C 5 F Oo. Z l o. � CT 14 2403 �9, !•• iir � �' nom' ��'� =: �•��.. -..1 �•. � ' ✓� j..:y �hOJ �� tv �•' 7 Pi ! �.; ' •'�,� �a 111 .fit- �• � j _ "�' � r t I �_i t,yl 1 ��• y•.. • Ins EXHIBIT "B" Attached to and make a part of that certain LEASE AGREEMENT dated 19 by and between Collier County EMS System (Lessee) and GTE MOBILNET of Tampa Incorporated ( "LESSOR "). AD,ACC >r[ PCtCPCRP• 7WI :: PL.krP.CU LMT OEVELUFT,IE'll OLD) Jr.(c Put, %Clh ,.• COR(R C! -KC*" N. Kwtf►► •R V2.1 r•vC[ :9 C#V. ��Q a .wawa T .!l.Ksl 1 tr 11. lfA" COr-11 Or I.vl([ +..=W.S. &Cr M+. YO •►tC, R. IM[ �,._y r,,,,,, +,r..,,,in„;•�1y 1 .Liar rKA1O17 w AA- ICC• It. PrGs r ,Gf 1br•a a I r• "a ". rw.c <:dOt a c4M1R 11TW9,110 CC•[ 9.00t —. z0XIC 1 t•[rlRn - �tp "�� -�Erl f .ir IQ \ a37 ►�7r•At0 I -trgT I rr k .17Q••LO'at • 1 .'t. 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PUTUTr.r,,. ^ IIOIi�I •-- -•- ---- '•- - -•--• \__.j,7CAWhOnj ._ .._._�...- ..... . ..._.- _.._... .- °--- ------ PLAN Wwt[IVtMt.R1A rOR COU..RR COUNTY KEY rc.D ao u+. IT .7.Vflcv a. •C.,��1�_.i_T TAADS CENTER •aa a r/r a —.- w :• [ o a 31TS I I 1 S[4C M ln+ PLAN a t aidszldoc 7 F ENDA ITE T 1 4 2003 IN WITNESS WHEREOF, LESSOR and LESSEE have executed this Lease as to the date and year first above written. AS TO THE -LESSOR: WITNESSES: C_L Signature CA Print_, ame Signatu e J LANDLORD GTE Mobilnet of Tampa Incorporated A Dela e Corporation By u�� i James A. LaBelle Vice President - General Manager ATTESTED: COLLIER COU Y: C k - i Ch rman, J APPROVED AS TO FORM OFFICE OF COUN 7Y TTOR//NEY BY ,L Attorney sidseldoc o ssioners AGENO ITEM OCT 1 4 2003 STATE OF FLORIDA COUNTY OF COLLIER Site: No.Naples EXH BIT "C" MEMORANDUM OF LEASE KNOW ALL MEN BY TBESE PRESENTS, THAT: THIS MEMORANDUM OF LEASE is made and entered into this day of 199, by and between Collier County, a political subdivision of the Stat f Florida, ("Tenant") whose address is 3301 East Tamiami Trail, Naples, Florida 33962 and GTE Mobilnet of Tampa Incorporated ( "Landlord ") whose address is 600 N. Westshore Boulevard, Tampa, Florida 33609. WITNESSETH WHEREAS, Landlord has leased to Tenant, and Tenant has leased from Landlord, upon and subject to the terms, covenants, conditions, limitations and restrictions contained in that certain lease dated ( "Lease") between the parties hereto, that certain real property situ ed in the County of Collier, State of Florida, more particularly described on "EMMIT A" attached hereto and made a part hereof ( "Leased Premises "). The term of the Lease is for five (5) years, commencing on � — f — , and ending on _� = 71 —,2 e op , subject to Tenant's option to extend the term for five (5) additional periods of five (5) years each upon the terms and conditions set forth in the above referenced Lease. The rent and other obligations of Landlord and Tenant are set forth in the Lease, to which reference is made for further particulars. In the event of any conflict between the terms and provisions of the Lease and those contained in this Memorandum, those contained in the Lease shall govern and be controlling. 9 AGE —T-IL' No. O C T 1 4 2003 ?g. Site:No.Naples IN WITNESS WHEREOF, Landlord and tenant have executed and acknowledged this Memorandum as of the date first above written. TNESSES: `P `nt Witness N e Signature I-!, A 1)0j ")1C Signatur )f � ATTESTED: =- Cie APPROVED AS TO FORM OFFICE OF COUNTY ATTORNEY By:_ Attorney LANDLORD: GTE Mobilnet of Tampa Incorporated A Delaware Corporation James A. LaBelle Vice President - General Manager . FIT .- 10 ,,GENOA ITEM, reili CT 1 CSR; STATE OF FLORIDA SS ACKNOWLEDGEMENT COUNTY OF COLLIER Site:No.Naples The foregoing Memorandum of Lease was acknowledged before me this day of ,199 by , on behalf of the corporation. He/She is personally known to me or who produced as identification and who did take an oath. STATE OF FLORIDA SS COUNTY OF HILLSBOROUGH Notary Public My Commission Expires:_ My Commission Number: ACKNOWLEDGEMENT The foregoing Memorandum of Lease was acknowledged before me this day of 199 by James A> LaBelle, Vice President - General Manager of GTE Mobiln of Tampa Incorporated, a Delaware corporation, on behalf of the corporation. He is personally known to me and who did take an oath. A 4PL My Commission Expires: My Commission Number: BEVERLY LACEY- ARGOTT MY COMMISSION i CC 441175 EXPIRES: September 24, 1996 rh Nawy Pubk UrKlerNCMea 11 AGE ITEM 0 C T 1 tG03 Site:No.Naples EXHIBIT "A" Exhibit "A" attached to and made a part of that certain LEASE AGREEMENT dated , 199 entered into by and between GTE Mobilnet of Tampa Incorporated and Collier County, Board of County Commissioners. (LEASED PREMISES) A portion of existing communication site for location of 10' by 20' communication shelter and installation of antenna on existing tower located at 1899 Trade Center Way, Naples, Florida 33962. LEGAL DE` 'RIPTION v F Tract No. 32 — Commencing at the Northeast corner of Section 7, Township 50 South, Range 30 East, Collier County, Florida: Run S 00 °13'20" E on the East Boundary of Section 7, 1990.94 Feet to a point, thence S 88'43'15" W 885.05 Feet to an iron stake; The Point of Beginning: Continue S 88'43'15" W 345.04 Feet to an iron stake; thence North 663.68 Feet to an iron stake; thence N 88'43'15" E 663.68 Feet to an iron stake, The Point of Beginning. Less the North 15 Feet reserved for access and utility easement. Containing 5.14 Acres Net. Tract No. 33 Commencing at the Northeast corner of Section 7, Township 50 South, Range 30 East, Collier County, Florida: Run S 00 °13'20" E on the East Boundary of Section 7, 1990.94 Feet to a point, thence S 88'43'15" W 1230.09 Feet to an iron stake, The Point of Beginning: Continue S 88'43'15" W 342.47 Feet to an iron stake; thence North 663.67 Feet to an iron stake; thence N 88043'15" E 342.47 Feet to an iron stake, thence South 663.67 Feet to an iron stake, the Point of Beginning. Less the North 15 Feet reserved for access and utility easement. Containing 5.1 Acres Net. 12 AGE ITEM � OCT 1 4 7003 Pg. APPRGIVE AMENDMENTS MANAGEMENT ENGINEERING CONTRACTS To ADJUST FEE SCHEDULES R CONSUMER PRICING INDEX Osig TiIYE: To obtain the Board of County Commissioner's approval of a contract amendment CONS, S: Collier County is presently under contract with several engineering/consulting firms covering different annual agreements for professional services. These agreements are periodically amended to correct or to clarify contract conditions or al low adjustments to fee schedules. The firms represented under this Contract are as follows: Taylor Engineering, Inc. Coastal Planning and Engineering, Inc. Humiston & Moore Engineers The referenced contract has been amended to increase the hourly rate in conjunction with the January 16, 2003 Consumer Pricing Index (CPI) of 2.5%. These contract prides are based on standard fee schedules, which have not been updated since the commencement of the contract. -� EISCA IMPACT: Funds are budgeted in each using department's respective cost center as needed to most the 2.5% hourly rate increases. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the contract amendment and authorize the PurchaskWGeneral Services Director to sign the amendments. PREPARED BY DATE: 9 �Z 03 UnIL.Jackson, tracts Agent u REVIEWED BY:-9&4 DATE: `l �'f a Stephen Y. Cam II, Purchasing/General Services Director th REVIEWED BY: RA� DATE:L6—AV3 Len Goldeq Price, Administrative Services Administrator OCT t 1- 2003 Schedule A -1 Collier County Proposed Fee Schedule RFP 01 -3271 "Fixed Term Professional Engineering Services for Coastal Zone Management Projects" 2003 -2004 Renewal Professional Hourly Fee Principal $154.00/hr Project Manager /Senior Engineer $103.00/hr Engineer II $ 82.00/hr Engineer I $ 72.00/hr Senior Technician $ 57.00/hr Technician $ 46.00/hr Support Administrative Assistant, Secretary $ 51.00/hr Clerical, other support $ 41.001hr This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -1 AGE11D+` 1 } c. OCT pg._ � EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS ( "BCC --) APPROVE THE COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM TO FUND THE DIRECT EDUCATION EXPENSES OF DRIVER EDUCATION PROGRAMS IN BOTH PUBLIC AND NON - PUBLIC HIGH SCHOOLS. OBJECTIVE: To approve the Collier County Driver Education Grant Program pursuant to Collier County Ordinance 2003 -39 to fund driver education programs in public and non - public high schools. CONSIDERAT IONS: On September 10, 2002, the BCC directed the County Attorney to prepare and advertise for public hearing an ordinance to impose a $3.00 surcharge, funding driver education programs in public and non - public highs schools located in Collier County. Ordinance 2003 -39, which was adopted on July 29, 2003, authorizes the Clerk of Courts to collect the $3.00 surcharge and requires that procedures for disbursement of the funds collected be developed by the County Manager, or his designee, and approved by the BCC. In order to receive funds, the eligible public and non - public high schools must make application for fiends and receive approval by Collier County in accordance with these program procedures established by the County Manager. The program provides a process for apportionment and disbursement of funds to eligible schools and requires an application and final report to be provided by the applying school. The County Manager, or designee, will review the applications and work with the County Attorney's office to prepare the necessary contract to be approved by the Board of County Commissioners. -- On August 12, 2003, the County sent the District School Board of Collier County and four private schools that serve high school level students a draft of the program with a request for comments. To date, comments were received only from the District School Board and have been addressed in the final program. FISCAL IMPACT: Last fiscal year there were 48,283 traffic cases eligible for the surcharge so it is estimated that if the number of traffic cases remains the same, approximately $100,000 will be deposited into the trust fund each fiscal year and will made available through this grant program. GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan associated with this proposed grant program. RECOMMENDATION: That the Board of County Commissioners approve the driver education grant program as proposed by the County Manager for driver education programs in Collier County pubic and non - public high schools. SUBMITTED BY: Date: Marlene J. Foord, I P Grants Coordinator REVIEWED BY: Je ifer A. edio Assistant County Attorne APPROVED BY: X"5,— cYl Len Gold66 Price Administrator, Administrative Services Date: q 03 AGENDA ITEM Fop, o. IiE� Date: , APO 4. 7– Program Description - Collier County Driver Education Grant Program COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM GENERAL PROVISIONS Collier County has created the Collier County Driver Education Grant Program under the authority of - Section 318.1215 of the Florida Statutes, entitled "The Dori Slosberg Driver Education Safety Act." This act allows the Board of County Commissioners to enact an ordinance authorizing the Clerk of Courts to collect a three dollar ($3.00) surcharge on all moving and non - moving civil traffic infractions, except infractions related to parking of vehicles, filed in County Court to fund the direct education expenses of driver education programs in both public and non - public high schools. The Board of County Commissioners of Collier County, Florida has deemed it appropriate and in the best interest of the public health, safety and welfare to adopt Ordinance No. 2003 -39 to collect this surcharge to supplement driver education funding and, as such, to create a grant program to manage and disburse the funds appropriately. Funds collected will be deposited into a special trust fund established specifically for these funds. The County Manager, or designee, will request a quarterly report of these funds from the Clerk of Courts. By April 1 of each year, the County Manager, or designee, will mail a letter to the School District contact and to each non - public high school indicating the provisions of the grant program and indicating an approximate funding level for that year. USE OF FUNDS All funds collected will be used exclusively to fund the direct expenses of driver education programs in both public and non - public high schools in Collier County. Eligible direct education expenses include the purchase of goods and services, including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors. Administrative expenses are not eligible for grant funding. Furthermore, based on the legislative intent of Section 318.1215 of the Florida Statutes, Collier County may lawfully disburse funds to a new driver education program as long as the funds are used for the direct expenses of the new program and there is no supplanting of already existing funds. Funds will be apportioned based on the total number of high school students (grades 9 -12) enrolled as of September 1 of the previous year, beginning in 2003 The application period will be May 1 - June 30 of the following year with funding based on collections through April 1 of each year, beginning in 2004. Each applicant will be required to report on the application the number of eligible students as of September 1 of the previous year. The apportionment of funds will be adjusted annually based on the number of students reported on each application, or in the case that no applications are submitted, by the County Manager, or designee, every three (3) years to reflect changes in number of eligible students due to growth and other changes affecting high school populations. ACANDA ITEM iVo . 1 E Program Description - Collier County Driver Education Grant Program Example: NOTIFICATION PROCESS By April 1 of each year, the County Manager, or designee, will mail a letter to the School District contact and each non - public high school providing notification of the grant program provisions, deadline for applications and an estimated funding level for that year. The following contact information will be used and may be amended as new non - public high schools are formed or as contact information changes: District School Board of Collier County Deb Ogden, Driver Education Coordinator 5775 Osceola Trail Naples, Florida 34109 Community School of Naples Gene Rochette, Upper School Dean of Students 3251 Pine Ridge Road Naples, Florida 34109 SUBMITTAL PROCESS Seagate Christian School Glenn Wiggins, Principal 1010 Whippoorwill Lane Naples, Florida 34105 Saint John Neumann High School Laura Campbell, Principal 3000 53`d Street Southwest Naples, Florida 34116 The application cycle will be open from May 1 - June 30 of each year. All applicants must submit an application for funding, using the application form provided, signed by the authorized official such as the school principal for private schools or the superintendent of schools for the District School Board of Collier County. Applications will include: 1) Applicant name and contact information, 2) Names and addresses of high schools to benefit, 3) Name, phone number, email and mailing address of contact person, 4) Current program description, including total cost of current program, 5) Intended use of funds /project description, 6) Number of eligible students, 7) Expected time frame for project, 8) Budget for proposed project, and 9) Certifications (funding direct costs only, non - supplanting requirement). In subsequent years, proposals must provide a brief synopsis of the project or program funded in the previous year. Note: this synopsis is in addition to the final report that must be submitted within 90 days of completion of each project. AGENDA ITEM No. 1l0 # of eligible 9 -12 grade Available Funding per High School students as of 9/1/03 Funding Mgh School School Board 500 $100,000 $90,909 Non - Public High Schools (tbd) 50 $9,091 NOTIFICATION PROCESS By April 1 of each year, the County Manager, or designee, will mail a letter to the School District contact and each non - public high school providing notification of the grant program provisions, deadline for applications and an estimated funding level for that year. The following contact information will be used and may be amended as new non - public high schools are formed or as contact information changes: District School Board of Collier County Deb Ogden, Driver Education Coordinator 5775 Osceola Trail Naples, Florida 34109 Community School of Naples Gene Rochette, Upper School Dean of Students 3251 Pine Ridge Road Naples, Florida 34109 SUBMITTAL PROCESS Seagate Christian School Glenn Wiggins, Principal 1010 Whippoorwill Lane Naples, Florida 34105 Saint John Neumann High School Laura Campbell, Principal 3000 53`d Street Southwest Naples, Florida 34116 The application cycle will be open from May 1 - June 30 of each year. All applicants must submit an application for funding, using the application form provided, signed by the authorized official such as the school principal for private schools or the superintendent of schools for the District School Board of Collier County. Applications will include: 1) Applicant name and contact information, 2) Names and addresses of high schools to benefit, 3) Name, phone number, email and mailing address of contact person, 4) Current program description, including total cost of current program, 5) Intended use of funds /project description, 6) Number of eligible students, 7) Expected time frame for project, 8) Budget for proposed project, and 9) Certifications (funding direct costs only, non - supplanting requirement). In subsequent years, proposals must provide a brief synopsis of the project or program funded in the previous year. Note: this synopsis is in addition to the final report that must be submitted within 90 days of completion of each project. AGENDA ITEM No. 1l0 Program Description - Collier County Driver Education Grant Program All applications must be received on or before June 30 of each year at the following address: Collier County Grant Coordinator Re: Driver Education Grant Program 3301 Tamiami Trail East Naples, Florida 34112 EVALUATION PROCESS Upon receipt of each proposal, the County Manager, or designee, will review the applications to ensure completeness and eligibility. The County Manager, or designee, may work with the designated contact to obtain additional information or clarification as necessary in the approval process. APPROVAL AND AWARD PROCESS Following the review of each proposal, the County Manager, or designee, will coordinate with the project contact and the County Attorney's office to prepare a contractual agreement for each project. Each contractual agreement will then require approval by the Board of County Commissioners. Each agreement will acknowledge that funds received will only be used for direct educational expenses for driver education programs and will not supplant existing funding sources. Each agreement will also stipulate that a final report of expenditures and project outcomes be submitted within 90 days of the end of the project or termination of the grant period (whichever comes first). Agreements will also contain provisions for the County to have the right to audit the paperwork and project. DISBURSEMENT OF FUNDS Funds will be disbursed within 45 days following the Board of County Commissioners approval of the contractual agreement. Example: -p 2 (within 45 da Funds Disbursed Step 3 Step 4 rt Submitted Monies that have not been disbursed at the end of each fiscal year will be retained for disbursement in the following fiscal year (s), as appropriate. Monies disbursed, but not spent at the end of the project's time frame shall be returned to the Trust Fund for disbursement in the following year. PROJECT REVIEW Within 90 days following completion of the project or termination of the grant period (whichever comes first), a final report must be submitted to the County Manager, or designee, which outlines how the funds were used and includes copies of invoices and checks and any other documentation of expenditures and verifies that the funds supplemented, but did not supplant existing funds. Failure to provide this report would constitute breach of contract and would affect an agency's eligibility for future funding. AGENDA ITEM o"r - 2003 ,. P9. Application Form - Collier County Driver Education Grant Program COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM Application Form Deadline June 30, 2004 Applicant Name: Address: Phone Number: Contact Person: Contact Phone Number, including extension (if different from above): Email Address: Type of High School (check one): Public High School Non - Public High School BACKGROUND INFORMATION 1. List participating high school (s), address, phone number and campus contact information (if different than above). 2. Brief project description. (Provide snore detailed description on following pages). 3. Approximate number of students eligible for driver education. 4. Approximate number of students to benefit from the project. 5. Anticipated project start and end dates. Start: 6. Total funds requested. $ End: 7. Total number of high school students (grades 9 -12) on September I" of previous year. I hereby certify that all funds received will be used exclusively to fund the direct education expenses of driver education programs and will not supplant normally budgeted funds for driver education. Authorized High SchooVDistrict Official [AG,040A ITE t Date r Submit one original and two copies to Collier County Grants Coordinator, 3301 Tamiami Trail East, Naples, Florida 34112 ,�_ E Pe: Driver Education Grant Program —�""` Application Form - Collier County Driver Education Grant Program CURRENT DRIVER EDUCATION PROGRAM DESCRIPTION Describe the existing driver education program. If none exists, indicate such and explain why. 'ROPOSED PROGRAM/PROJECT describe the proposed program or project. j q 2003 Submit one original and two copies to Collier County Grants Coordinator, 3301 Tamiami Trail East, Naples, Florida 34112 '9 *�— Re: Driver Education Grant Program Application Form - Collier County Driver Education Grant Program PROGRAM/PROJECT BUDGET List all budget items and their associated cost, including, but not limited to: personnel (salary, fringe), contract services, materials and supplies, equipment, etc. Note: All funds must be used exclusively to fund direct expenses of driver education programs. Eligible direct education expenses include the purchase of goods and services, including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors. Administrative expenses are not eligible for grant funding BUDGET NARRATIVE The budget narrative should justify the direct costs associated with the program/project, including the necessity, reasonableness, and eligibility of all costs proposed in the above budget. EM Submit one original and two copies to Collier County Grants Coordinator, 3301 Tamiami Trail East, Naples, Florida 34112 1 P9. Re: Driver Education Grant Program EXECUTIVE SUMMARY REQUEST BOARD APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND SOUTH SEAS NORTHWEST CONDOMINIUMS AT AN ANNUAL COST OF $600. OBJECTIVE: Request Board approval of a lease agreement between Collier County and South Seas Northwest Condominiums at an annual cost of $600. CONSIDERATIONS: On October 26, 1994 the Board approved contract 94 -2201 with Ericsson Inc., now M/A COM Private Radio Systems Inc., for construction of the 800 MHz trunked radio system. On June 25, 2002 the Board approved the addition of two sites to the radio system. Radio system design modifications associated with the site expansion also considered improvements to signal propagation in specific areas. Collier County is proposing to lease rooftop - mounting space at South Seas Northwest Tower 4 for equipment that will enhance signal propagation to an area directly north of this condominium complex. In lieu of establishing separate electrical service for this equipment, the lease establishes a monthly fee of $50, $600 annually. FISCAL IMPACT: Annual rent for this location will be $600. A budget amendment will be required in FY04 to increase the operating line item for lease payments. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: • Approve the lease agreement between South Seas Northwest Condominiums and Collier County. • Authorize necessary Budget Amendments .. M� ohn X)aly, T REVIEWED BY: i- Barry REVIEWED BY REVIEWED BY:CYI. Len Golden -10-67 ons Manager Technology Director Administrative Services Administrator AGE ' ` �,eA T E�14 J Ho.� � 0 CT 1 4 2003 P9•� Lease # A LEASE AGREEMENT THIS LEASE AGREEMENT entered into this day of , 2003, between South Seas Northwest Condominiums, a Florida corporation, whose mailing address is 380 Seaview Ct, Marco Island, Fl. 34145 hereinafter referred to as "LESSOR ", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 330.1 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE ". W ITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the following" Demised Premises ", situated in the County of Collier and the State of Florida: A. Rooftop mounting space, South Seas Northwest Tower 4, for 2 directional panel antennas approximately 2 foot by 4 foot in size. B. Interior wall space for 2 foot by 1 -foot equipment cabinet, further described in Exhibit "A" and which is attached hereto and made a part of this Lease, hereinafter called the. LESSOR applying the terms contained in Article 5 of the Agreement shall approve all improvements. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing on the date in which the LESSEE accepts this Lease. LESSEE is granted two (2) separate options, provided it is not then in default of any of the provisions of this Lease, to renew same for two (2) additional terms of five (5) years each under the same terms and conditions, as provided herein, except as to the rental amount, as provided herein, by giving written notice of LESSEE'S unconditional intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created or the renewal term then in effect. Said notice shall be effective upon actual receipt by LESSOR. Both LESSEE and LESSOR will be allowed to terminate this Lease by providing the other party with thirty (30) day written notice. Said notice shall be effective upon actual receipt by LESSEE or LESSOR. LESSEE shall be granted an additional sixty (60) days from the aforementioned thirty (30) day notice period, if required, in order to secure and relocate to an alternate site for operations conducted at the Demised Premises. In addition, LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose that is not authorized -by this Lease or is contrary to law or rules or regulations of any public authority having jurisdiction over the Demised Premises. AGENQA ITEM No. 0 C T 1 4 2003 P9• ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Six Hundred Dollars ($600) annually due on the first of each month following LESSOR'S execution of this Lease, at the address for Lessor set forth in Article 13 of this Lease. ARTICLE 4. Other Expenses and Charges LESSEE shall pay any utility charges applicable to the Demised Premises, with the exception of electricity which shall be provided by LESSOR in exchange for payments established in Article 3 of this lease. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing, and in meaningful detail, the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days, there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a DENIAL to such request to LESSEE. LESSOR's designated roofing contractor shall perform improvements required by contact with the roofing system of the demised premises. LESSOR will authorize only said improvements if the contractor stipulates in writing that the warranty on the roofing system will not be affected by such improvements. LESSEE further recognizes tha future maintenance or improvements to the demised premises by LESSOR may require expenses necessitated by the presence of LESSEE's improvements. LESSEE agrees either to reimburse LESSOR for such expenses or in the alternative at LESSEE'S decision to promptly cause such work to be accomplished by independent contractor hired by LESSEE. 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 then and future applicable laws, ordinance, rules, regulations, and requirements of the United Sates of America, State of Florida, County of Collier, and any and all other governmental agencies having subject matter jurisdiction. All alterations, improvements and additions made to the Demised Premises shall be deemed the property of LESSEE. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 6. Access to Demised Premises Lessee, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSOR, to enter into and upon the Demised Premises or any part thereof at all reasonable hours fo . the purpose of examining the same and making repairs or providing janitorial service t reirtG , � `e OCT 1 4 2003 purposes of inspection for compliance with the, provisions of this Lease Agreement. During times of emergency repair or maintenance, LESSEE shall be granted immediate access by requesting LESSOR'S agent of same. ARTICLE 7. Assignment and Subletting LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises, or permit any other persons to occupy same without the expressed prior written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease unless a novation is expressly agreed to by LESSOR. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null and void. ARTICLE 8. Indemnity In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, and subject to limitations of Section 768.28, Florida Statutes, LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all l iability ( statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease or otherwise, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not b e t iable for any damages to or l oss o f, including loss due to p etty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance LESSEE s hall, a t i is a xpense m aintain i n f orce d uring t he t erm o f t his 1 ease, a c ombined single limit policy o f b odily i njury a nd p roperty d amage i nsurance, w ith a 1 imit o f n of 1 ess t han $1,000,000.00 insuring LESSOR and LESSEE against all liability arising of use, occupancy, or maintenance of the Demised Premises and appurtenant areas, which policy shall be endorsed as an additional insured as to LESSOR. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times, including the removal of all solid, liquid, semisolid and gaseous trash and waste. If said Demised Premises are not Ikelt clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action i n f( WMn t n 0 C T 14 2003 (10) days of the receipt of such notice, LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. ARTICLE 11. Default by LESSEE until Not withstanding anything in the Lease to the Contrary, LESSEE shall not be in default under this Lease A. Failure to pay rent or other sums due under this Lease, fifteen (15) days after notice of default. B. In the case of any other default, thirty (30) days after receipt of written notice thereof of from LESSOR; provided, however, where any such default cannot reasonably be cured within thirty (30) days, LESSEE shall not be deemed to be in default under the lease if LESSEE commences to cure such default within said thirty (30) day period and thereafter diligently pursues such cure to completion, but in no event more then sixty (60) days after receipt of such notice. ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful detail specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing delivered to the other party at the following addresses, or changes thereto which have been notified to the other ply: LESSEE: Board of County Commissioners c/o Real Estate Services Department 3301 Tamiami Trail East Administration Building Naples, Florida 34112 Copy to: Telecommunications Manager ARTICLE 14. Surrender of Premises LESSOR: South Seas Northwest Condominiums 380 Seaview Ct. Marco Island, Fl. 34145 Attention: Building Manager Unless LESSEOR agrees otherwise in writing, LESSEE shall remove any improvements installed by LESSEE or authorized by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed u on expiration of th' Lease, or its earlier termination as herein provided, broom clean and in as good conditio anL"" i� s e 0 C T 1 4 2003 P9. shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control .xcepted. ARTICLE 15. 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 incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law elating to pollution or harm to the environment. ARTICLE 16. Interference LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and maintenance will: A. Not irreparably damage the LESSOR'S structure and accessories thereto. B. Not interfere with the operation and maintenance of any of the LESSOR's systems or create a nuisance for LESSOR or residents. C. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and/or State concerned. D. Subsequent to the effective date of this Lease, LESSOR will not grant a similar rental agreement for any radio communication facility if such grant would in any way interfere with LESSEE's communication equipment. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 18. Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by or through the LESSEE, also for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest o f t he L ESSOR i n t he Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes. ARTICLE 19. Effective Date AGE NO This Lease shall become effective upon execution by both LESSOR and LESSEE. No. _�( 0 C T 1 4 2003 Pg. ARTICLE 20. Governing Law This Lease shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA , Deputy Clerk AS TO LESSOR: DATED: % .?5 p F ST WITNEISS (signatur (Print name) SECOND WITNE S (sign re) (�'?..4. Y.'J< (Print name) Approved as to form and al ufficiency: Th mas C. Palmer Assistant County Attorney It Tom Henning, Chairman SOUTH SEAS NORTH WEST CONDIMINIMUM BY: -)774 V d'x /' i f� .�. (L.S.) &CRY AN ,.j P 0419 AJ PrzAtC 1 Dk1y� (Print name & Title) AGE ITEM No. t� 0 C T 14 2003 P9• EXECUTIVE SUMMARY APPROVAL TO AWARD BID NO. 03 -3554 FOR THE PURCHASE OF PAINT AND RELATED ITEMS USED IN COUNTY REPAIRS, MAINTENANCE AND BEAUTIFICATION _= -EST $55,000.00 OBJECTIVE: To obtain paint and related supplies for various projects in a timely and cost effective manner. CONSIDERATION: The Department of Facilities Management is responsible for the repair and maintenance, and beautification of all County facilities. Paint and supplies are purchased through local vendors on an as needed basis. In conjunction with the Purchasing Department, bids are established for the purchase of painting goods and materials through the competitive bid process. On July 17, 2003, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to twenty -six (26) firms that provide paint and related items. On August 13, 2003 bids were opened from five (5) responding firms. A tabulation sheet is attached to this summary. Staff has reviewed the bids and recommends award to respectively M.A. Bruder and Sons, Inc., Scott Paint Company, The Sherwin- Williams Company, and Color Wheel Paint Mfg. Co., Inc. Pricing is competitive with these vendors. Awarding to four (4) vendors provides a better selection for County staff, as well as larger resources for special order merchandise not carried by just one vendor. " FISCAL IMPACT: The Facilities Management Depaitme, purchases approximately $55,000 worth of ,paint and related items annually. Since all County departments may utilize this bid, the estimate may be subject to variation depending on the needs and degree of participation of other County departments. Funds are budgeted in FY 04 operating cost centers. GROWTH MANAGEMENT IMPACT: There is no impact on the County Growth Management Plan, RECOMMENDATION: To have the Board of County Commissioners award Bid No. 03 -3554, Paint and Related Items to M.A. Bru r and Sons Inc., Scott Paint Company, The Sherwin- Williams Company, and Color Wheel Paint . Co., a referenced herein. SUBMITTED BY Date: -23' •,Q r, Scott D. Johnson, Purchasing Agent Jkffc-4sing Dlpffltment REVIEWED BY: Danie Rodriguez, Witie4eManager Facilities ManagOent Department REVIEWED BY: Steve tarnell, N rector Purchasing Department APPROVED BY: �'�-- .r- Len Golde rice, Administer Administrative Services Division Date: 9 �'3 -a3' - Date: 9 - Z -� -0,3 Date: 0 " a-�(4 -03 AGE no. 0 C T /1 4 2003 Pg• �L. N U_ O z S L [C Ly v_ L <UQ L W U v q ' J 0 C T 14 2003 Pg. — m c:` a C� h o e Oi v� wl m O N O C N ~ E N O O, O w !? R N .0 N a = a 0+ y M C z � C m C!] 4,w 4'f Im bq bq a O� In O D1 D\ R T N C' V u. .-. C 7 ` — N C C y m a1 V N C, O ^' 0 C) ry 0 O p N O 7t w U R p O 4a e e Y 7k G a C V 69 69 � H9 E 69 69 6R 69 c cv 10 r,4 r" y fn CO � .,U. °� °C, R m� —43 _ N o °`^ E o oQ In �' y "' 6 Q °° F 3 Y1 v, m 3< z su Hit H A aw V] U 3 w 3 g L fim 3 = O\ N O O Q' Q1 N N 07 7 vl D\ O N N C R j C. 7t R r d' C a N O 7i W 7i y N O U O ej y ds c s V c o Q o e I T o o v1 a o e e e r 0 0 0 O c c v c° _ a C � file f.S cr�f of s.9 K cCa N C R C R C C .. °: y U U U U O O O O O O O O C '� O O O O ❑ z G i•3 C ca � O 7 y U a] � .+ <C id R iC � b iC c0 A 'Z ;d � ca iC � � C L O O ` `I O F. c sy A c O ? ns 0 y y = r N U � � V ._ •L a U a cl __ C z V m O •E c� ' J 0 C T 14 2003 Pg. — m c:` a EXECUTIVE SUMMARY APPROVE CONTRACT AMENDMENT INVOLVING CONTRACT #03 -3493 "GREY OAKS PUBLIC SAFETY FACILITY ". OBJECTIVE: To obtain the Board of County Commissioner's approval of a contract amendment to authorize the County to reimburse the Contractor for all City of Naples permits, fees and licenses necessary for the prosecution of Work contained within this Contract. CONSIDERATIONS: On June 10, 2003, BCC Agenda Item (16)(E)(6), Vanderbilt Bay Construction, Inc. was awarded the Contract for the construction of the Grey Oaks Public Safety Facility. Subsequent to the commencement of the contract, County staff learned the Contractor did not include the cost of the City of Naples construction permits within their bid offer. Consequently, staff contacted all other bidders and learned that none of them had included these fees either. In order to document this, staff obtained signed affidavits from all bidders confirming this, and those affidavits are enclosed. The original contract did not allow for reimbursement of these permits as a separate payable line item in the contract. Accordingly, staff has prepared an amendment to the agreement to allow the contractor to be reimbursed for these fees. FISCAL IMPACT: The estimated cost for the City of Naples permits is $86,000. Funds for this expenditure were contemplated and are available in the project budget GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the contract amendment. PREPARED BY. DATE: C -U Li L. Jackson, ntracts Agent REVIEWED BY. DATE: t! Stepherl Y. Car II, Purchasing /G neral Services Director REVIEWED BY: DATE: C� (Skip—Cafrp, Directo of Facilities Management REVIEWED BY: �JlC�yl DATE: / 3 LJ Len Golde Price, Administrative Services Division Administrator AGENDA ITEM No.4L_t'O 0 C T 14 2003 Pq: % Sep -11 -03 15:41 From- Collier County Purchasing 941 732 0844 T -lib P -002 /002 F -192 GENERAL A)�FIDAVY� STATE OF COUNTY OF PERSONALLY came and appeared before me, the undersigned Notary, the within named -I,�S+ tv► m a ►' , who is a resident of g s County, State of Q and makes this his/her statement and General Affidavit upon oath and affirmation of belief and personal knowledge that the following matters, facts and things set forth are true and correct to the best of his/her knowledge: On Wednesday, August 27, 2003, Linda Jackson, Contracts Agent for Collier County, contacted me via telephone. Her call was with respect to Bid No.03 -3493 in which Bradanna, Inc. submitted on May 14, 2003 for the Grey Oaks Public Safety Facility project. The questions posed were with respect to the location of the proposed facility, which is located within the City of Naples, and if Bradanna, .Inc. had taken the location of the site into consideration and included the City of Naples permitting fees when calculating the bid. If we did not include fees for the City of Naples, were we under the impression that Collier County would pay for all permits (County and City) for this project. We stated that we believed all fees were to be paid by Collier County and that we did not include any permitting fees within our bid totals. DATED this the 1 A day of S et, Signature of �Affian�t SWORN to and subscribed before me, this the �T"`" %7- S�Q7 , 20-21 My Commission Expires: NOTARY _... ................ ...................... ».......n aprMy SERGE GASCON -L& Commission O 000143613 s Expires 9/MIM Bonded e7ttx+ph :(8W432-4 54) ............ .......... Florida Notary Assn,. kX C ............................... i AGENDA ITEM l o OCT 1 4 2003 Sep-05 -2003 02:45pm From—BROOKS FRELIND +941 93955117 T-166 P.002 /002 F-753 GENERAL AFFIDAVIT STATE OF Q_ COUNTY OF PERSONALLY came and appeared before me, the undersigned Notary, the within named A MAMO who is a resident of CA Q� V_ County, State of and makes this his/her statement and General Affidavit upon oath and affirmation of belief and personal knowledge that the following matters, facts and things set forth are true and correct to the best of his/her knowledge: On Wednesday, August 27, 2003, Linda Jackson, Contracts Agent for Collier Counry, contacted me via telephone. Her call was with respect to Bid No.03 -3493 in which Brooks & Freund, LLC submitted on May 14, 2003 for the Grey Oaks Public Safety Facility project. The questions posed were with respect to the location of the proposed facility, which is located within the City of Naples, and if Brooks & Freund, LLC had taken the location of the site into consideration and included the City of Naples pennining fees when calculating the bid If we did not include fees for the City of Naples, were we under the impression Char Collier Counry would pay for all permits (County and City) for this project. We stated that we believed all fees were to be paid by Collier Counry and that we did not include any permitting fees within our bid Is. DATED this the —5—1 ay of . F/ Sig&t e of�� t SWORN to and subscribed before me, this the C41 of , 2Q-9 NO ARY PUBLIC My Commission Expires: MI&VIS wise • `- My Commovion M1soM � £.yaiac;,Eru 27, 2007 AGE DA ITEM I' No. --G- 0 C T 1 4 2003 C Sep 08 03 03:53p Jani Denison GENERAL AFFIDAVIT STATE OF r —Drii c - COUNTY OF PERSONALLY came and appearcd before me, the undersigned Notary, the within named n n , who is a resident of L County, State of F to c t , and makes this his/her statement and General Affidavit upon oath and affirmation of belief and personal knowledge that the following matters, facts and things set forth are true and correct to the best of his /her knowledge: On Wednesday. August 27, 2003, Linda Jackson, i Agentfor Collier Gary Wilkes, Inctac7ed me via telephone. Her call was with respect o Bid No.033493 n which submitted on May 14, 2003 for the Grey Ouks Public Safety Facility project. The questions posed were with respect to the location of the proposed facility, which is located within the City of Naples, and if Gary Wilkes, Inc. had taken the location of the site into consideration and included the City of Naples permitting fees when calculating the bid. If we did not include fees for the City of Naples, were we under the impression that Collier County would pay for all permits (County and City) for this project. We stated that we believed all fees were to be paid by Collier County and that we did not include any permitting fees within our bid totals. DATED this the day of spar , 20 0 3 Signature of Affiant Se- Pf S f, -j*RN to and subscribed before rne, this the S ay of Q 1 NOT PUBLIC My Commission Expires: ,tri P14 Jani A Denison My Commission DD152513 o. n Expires October 20, 2006 AGE A ITEM No. 0 C T 1 4 2003 Q9• V ' Lod? ��sfr��i� ©�, TAi6 GENERAL AFFIDAVIT STATE OF F- L COUNTY OF L EE- PERSONALLY came and ;appeared be ore me, the undersigned Notary, the within named ,4 aL who is a resident of County, State of rl, , and makes this his/her statement and General Affidavit upon oath and affirmation of belief and personal knowledge that the following matters, facts and things set forth are true and correct to the best of his/her knowledge: On Wednesday, August 27,2003, Linda Jackson, Contracts Agent for Collier County, contacted me via telephone. Her call was with respect to Bid No.03 -3493 in which Lodge Construction submitted on May 14, 2003 for the Grey Oaks Public Safety Facility project. The questions posed were with respect to the location of the proposed facility, which is located within the City of Naples, and if Lodge Construction had taken the location of the site into consideration and included the City of Naples permitting fees when calculating the bid. If we did not include fees for the City of Naples, were we under the impression that Collier County would pay for all permits (County and City) for this project. We stated that we believed all fees were to be paid by Collier County and that we did not include any permitting fees within our bid totals. DATED this the 57! day of J TV'1b04'' , 20 Q 3 Signature of Affiant SWORN to and subscribed before me, this the 5&day of S €1>117-F -M 15E-t2- , 200,3 . AGENDA ITEM , No. �t:�� OCT 1 4 2003 ?g._ . fOTAR�Y PUILIC My Commission Expires: X THLEEN S. SCHUSTER COMMISSION* DD 049735 EXPIRES: August 27, 2005 FL Notary Service 6 Bonding, Inc. AGENDA ITEM , No. �t:�� OCT 1 4 2003 ?g._ . Sev 8. 2003 9:21AM TAYLOR PANSING INC GENERAL A)'+`F DAVIT STATE OF Florida COUNTY OF L e e No 2861 N. L/L PERSONALLY came and appeared before me, the undersigned Notary, the within named Jason R .Ross who is a resident of Collier County, State of Florida and makes this his/her statement and General Affidavit upon oath and affirmation of belief and personal knowledge that the following matters, facts and things set forth are true and correct to the best of his/her knowledge: On Wednesday, August 27, 2003, Linda Jackson, Contracts Agent fur Collier County, contacted me via telephone. Her call was with respect to Bid No. 03-3493 in which Taylor- Pansing, Inc. submitted on May 14, 2003 for the Grey Oaks Public Safety Facility project. The questions posed were with respect to the location of the proposed jac:ility, which is located within the City of Naples, and if Taylor- Pansing, Inc. had taken the location of the site into consideration and included the City of Naples permitting fees when calculating the bid. If we did not include fees for the City of Naples, were we under the impression that Collier County would pay for all permits (County and City) for this project. We stated that we believed all fees were to be paid by Collier County and that we did not include any permitting fees within our bid totals. DATED this the day of 20 03. iAature of Affiant SWORN to and subscribed before me, this the 8 t h day of S e p t e mb e r , 20-a-3- 'h - NOTARY PUBLIC My Commission Expires: 139M G Fwied 1127/03 �° My commission D[w97M Ex" JVAWY 27,2" AGENDA ITEM /, No. -Cam -- OCT 1 4 2003 Pa._..,. Sep -I1 -03 15:31 From - Collier County Purchasing STATE OF F 106 8a COUNTY OF CvW c 841 732 0844 T -175 P 002/002 F -188 GENERAL AFFIDAVIT PERSONALLY came and appeared before me, the undersigned Notary, the within named �� el Z_ Qy,hS , who is a resident of o l I ie r County, State of and makes this his/her statement and General Affidavit upon oath and affirmation of belief and personal knowledge that the following matters, facts and things set forth are true and correct to the best of his/her knowledge: On Friday, August 22, 2003, Jack Crognale, Project Manager for Facilities Management of Collier County, contacted me via telephone. His call was with respect to Bid No. 03 -3493 in which Vanderbilt Bay Construction, Inc. submitted on May 14. 2003 for the Grey Oaks Public Safety Facility project. The questions posed were with respect to the location of the proposed facility, which is located within the City of Naples, and if Vanderbilt Bay Construction, Inc. had taken the location of the site into consider ,rion and included the City of Naples permitting fees when calculating the bid. If we did not include fees for the Ciry of Naples, were we under the impression that Collier Counry would pay for all permits (County and City) for this project. We stated that we believed all fees were to be paid by Collier County and that we did not include any permitting fees within our bid totals. DATED this the *''day of o rn'_Qe_rr_, 200 Signal ure of Affi SWORN to and subscribed before me, this the 1L ay of _Sep �. m�w r , 20_0a- de, o "g ell NoTlkRY PUBLIC My Commission Expires' Shauna M. Hallberg '. MY COMMISSION# DD181430 EXPIRES November 8, 2004 .D eoF ,y BONCED THRU TROY FAIN INSURANCE INC AGEMOA ITEM No. OCT - t 4 2003 Pg. 09/15/03 MON 15:12 FAX 239 481 2448 WRIGHT CONST. GENERAL AFFIDAVIT STATE OF FL COUNTY OF L e e PERSONALLY came and appeared before me, the undersigned Notary, the within named sn: D 6d kr b A who is a resident of L"— County, State of FIOv, d& and makes this his/her statement and General Affidavit upon oath and affirmation of belief and personal knowledge that the following matters, facts and things set forth are true and correct to the best of his/her knowledge: On Wednesday, August 27, 2003, Linda Jackson, Contracts Agent for Collier County, contacted me via telephone. Her call was with respect to Bid No. 03-3493 in which Wright Construction submitted on May 14, 2003 for the Grey Oaks Public Safety Facility project. The questions posed were with respect to the location of the proposed facility, which is located within the City of Naples, and if Wright Construction had taken the location of the site into consideration and included the City of Naples permitti�,.g fees when calculating the bid If we did not include fees for the City of Naples, were we under the impression that Collier County would pay for all permits (County and City) for this project. We stated that we believed all fees were to be paid by Collier County and that we did not include any permitting fees within our bid totals. DATED this the day of , 20 Signature of Aff ant SWORN to and subscribed before me, this the 1,2- day of AA NOT P C My Commission Expires: 1 ' d'4k NANCY E LEE MY COMMISSION d DO W7202 ��7 �n� �naao EXPIRES: Maysi, M N PVDIk Und�r.�,n c AGEL/ No. OCT 1 4 2003 P9• EXECUTIVE SUMMARY Approval of a Risk Sharing Agreement between the Organization d /b /a Community Health Partners, Inc. Government. Naples Physician Hospital and Collier County OBJECTIVE: The purpose of the Risk Sharing Agreement presented herein is to promote the efficient and economic delivery of health care services by the Naples Physician Hospital Organization to the Collier County Group Benefit Plan through the setting of an annual cost per employee "target and by providing incentives to medical providers to deliver care at cost levels below the set target. CONSIDERATIONS: Collier County Government utilizes the services of the Naples Physician Hospital Organization (alk/a PHO) d /b /a Community Health Partners, Inc. for the delivery of healthcare services to its covered employees and dependents. Collier County Government is a member of the Collier Healthcare Purchasing Consortium, whose goal is to pursue methods of managing healthcare costs for their respective health insurance programs. The Consortium consists of the Collier County Schools, Naples Community Hospital, Collier County Sheriff and Collier County Government. The Consortium covers approximately 19,000 covered lives. In 2001, the Consortium negotiated an agreement with the PHO to reduce physician fees from 155% of Medicare allowable fees to 115% of Medicare allowable fees. In addition to addressing price issues, the Consortium has developed programs designed to promote the cost - effective delivery of care such as managing MRI testing; promoting the prescribing of less costly, but effective drugs; and developing effective methods to treat frequently diagnosed illnesses. The group has also worked to standardize plan administration processes for the purpose of improving customer service and reducing processing costs. In 2003, the Consortium embarked upon the development of a risk sharing agreement with the Naples Physician Hospital Organization. The purpose of the agreement is to provide financial incentives to the PHO to deliver care efficiently through the setting of an annual cost "target ". At the end of each 12 month period, the actual cost per employee is compared to the "target ". If the average cost per employee is below the target, the PHO will receive an adjustment in the fees they charge equal to '/2 of the percentage amount by which the cost per employee is below the target. Conversely, if the cost per employee is above the target, the PHO must decrease fees accordingly. This adjustment is subject to a 5% cap per year. By establishing a target for the year, medical providers are given an incentive to manage the delivery of care more efficiently. The agreement, if approved, would be effective immediately. The agreement has been reviewed as to legal sufficiency by the County Attorney's Office. Additionally, the agreement has been reviewed and approved by the member Boards of the Consortium. AGENPA • ITEM 0 C T 14 20031 FISCAL IMPACT: There is no immediate fiscal impact associated with this item. The purpose of the agreement is to contain, limit or hopefully, reduce cost. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board approve the Risk Sharing Agreement between the Naples Physician Hospital Organization, d /h /a Community Health Partners, Inc. and the Collier County Board of Commissioners, authorizing the Chairman to execute the agreement. PREPARED BY: ` Date: 9I3a %3 9e alker, CPCU, ARM, Director, Risk Management �- C) �} REVIEWED BY.� Date: %L Len Gold 4n Price, Administrative Services Administrator EA TEM T 1 4 2003 AGREEMENT This Agreement, by and between the Naples Physician Hospital Organization, Inc., d/b /a Community Health Partners ( "CHP'l, a Florida corporation, and the Collier County Board of Commissioners (the "County ") is hereby entered into and made effective this day of 2003 pursuant to the following terms and conditions: In order to further the management of health care costs and improve the quality of health care in Collier County, the County has elected to purchase from CHP certain utilization and disease management services and will also receive preferential financial reimbursement terms for physician and hospital services.' 2. To foster mutually similar goals for cost effective physician and hospital services between CHP and the County, as well as reward providers for effectively managing costs and improving the quality of care for County personnel, CHP and the County have set forth below an equitable formula to adjust periodically the contracted Preferred Provider Agreement fee schedule established between CHP and its participating providers. The periodic adjustment noted in Paragraph 2 above shall be based upon the collective medical costs for the County and the entities referenced in footnote one herein for the predetermined baseline time period of January 1, 2002 — September 30, 2002 in comparison with future target measure periods as more fully described in this Agreement. 4. In this regard, a baseline per member per month per cost shall be established. For the purpose of this Agreement, baseline cost shall be understood to mean all claims incurred In entering this Agreement, the County also understands that CHP will be entering into Agreements r District School Board of Collier County, the Collier County Sheriffs Office and NCH Health Care S sterps, '?Ae�GEG substantially the same as this one. 0 C T 14 2003 P9 �. X Letter of Agreement — page 2 Naples Physician Hospital Organization, Inc. /Community Health Partners between January 1, 2002 — September 30, 2003 and paid as of December 31, 2003 on behalf of the County for covered members under the County's Medical plan. 5. The baseline cost referenced in Paragraph 4 shall be adjusted to take into account the following factors: a) Non CHP network claims shall be removed when calculating the baseline per member per month ( "PMPM ") cost; b) Individuals with annual claims exceeding $100,000 have amounts exceeding $100,000 removed from the PMPM calculation of baseline costs; C) If appropriate, claims data will be adjusted to account for benefit changes made by the County; and d) All pharmacy costs shall be included since non - network provider prescribed drugs cannot be identified. 6. The "baseline" cost will initially use a nine (9) month period. The parties will work toward a twelve (12) month period as appropriate to account for seasonality. All calculations will be based upon incurred claims, which means claims incurred as of the date of service, versus paid claims to ensure that claims are attributed to the time period we are measuring the performance of physicians and not affected by claims payment patterns. 8. A target medical inflation rate will be established for the upcoming nine (9) month period and this rate will be applied to the base Line PMPM. The resulting figure will become the target against which the financial performance of this risk sharing agreement is measured. Consistent with the parties goal of working toward a twelve (12) month period to account for seasonality as set forth in Paragraph 6 above, the target measurement period will be understood to extend for a twelve (12) month period. AGE A ITEM No./ 1 0 OCT i A 2003 Pg. Letter of Agreement — page 3 Naples Physician Hospital Organization, IncXommunity Health Partners 9. a) The parties hereto recognize that there is no universally market based objective measure to establish a targeted medical inflation rate. Accordingly, they shall work to arrive at a mutually agreed upon negotiated figure based on available market based information, including nationally recognized sources in order to enable them to obtain an objective measure of costs and thus arrive at an appropriate inflation factor to apply to the baseline PMPM cost to establish the target for the measurement period. b) If the parties cannot arrive at such a rate within ninety (90) days from the effective date hereof, then this agreement shall be of no further force and effect unless the parties mutually agree in writing to modify and/or extend its terms. 10. If the actual PMPM cost exceeds the target, CHP providers will share the risk of missing the target by reducing their fee schedules by an amount equal to one half of the percentage amount by which the target was exceeded subject to a maximum of 5 %. 11. If the actual PMPM cost is less than the target, CHP providers would share in the "gain" by having their fee schedule increased by an amount equal to one half of the percentage amount by which the target was exceeded subject to a maximum of 5 %. 12. The initial adjustment to the fee schedule, will be made on March 1, 2004, for the Community Health Partners Preferred Provider Payor Agreement with the County. This adjustment will be calculated based on the comparison of the "baseline" costs to the established "target" costs as outlined above. Any future adjustments shall be by agreement of the parties. 13. Model examples of how the above referenced formula will be used to adjust the fee schedule in the Preferred Provider Payor Agreement is appended hereto as "Appendix 1." AGENG , IT 1:1 No. O C T 14 2003 PS. Letter of Agreement — page 4 Naples Physician Hospital Organization, Inc. /Community Health Partners 14. This Agreement shall terminate on extend and/or modify its terms in writing. DATED: ATTEST: DWIGHT E. BROCK, CLERK BY: Deputy Clerk APPROVED AS TO FORM AND LEGAL 1 SUFFICIEN"AISTAINT ILLIAM MOUNT COUNTY ATTORNEY WITNESSETH: Few F unless the parties agree to BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN NAPLES PHYSICIAN HOSPITAL ORGANIZATION, INC. dba COM IT H A LLTH PARTNERS BY CORPORATE SEAL: r 1 No. 0 C T 14 2003 pg. Letter of Agreement — page 5 Naples Physician Hospital Organization, Inc. /Community Health Partners APPENDIX 1 Selected Target Increase Collective Average Healthcare Costs Increase (1/2003 — 9/2003) Difference 50% of the difference Adjustment to fee schedule Example l 12% Increase 9% -3.00% -1.50% Increase of 1.50% Example 2 12% Increase 13.5% +1.50% +0.75% Decrease of 0.75% AGE No. (� OCT 1 4 20a P9.— I EXECUTIVE SUMMARY TO ADOPT A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2002 -03 ADOPTED BUDGET. OBJECTIVE: That the Board of County Commissioners adopt the attached resolution and the related amendments which amend the Fiscal Year 2002 -03 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board, can be amended. Budget amendments recognizing grants, donations, contributions, or insurance proceeds that increase the total appropriations of a fund over the adopted annual budget may be approved by resolution of the Board of County Commissioners. Each of the budget amendments in the attached Resolution has been reviewed and approved by the Board of County Commissioners via separate Executive Summaries. FISCAL IMPACT: The amendments and executive summaries, which were previously considered and approved by the Board, contained their respective fiscal impact statements. GROWTH MANAGEMENT IMPACT: There is ri.) Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal Year 2002 -03 adopted budget. Prepared by: /L4 Michael Smykowski, OMB Director Approved B�� - Y E�- Janiies V. Mudd, County Manager Date: 10 — 6-0 Date: /c " c OICT 1 4 2003 RESOLUTION NO.03 -BAR- A RESOLUTION PURSU B TO ET FOR THE 2002/03 FISCAL SO E� R RIDA STATUTES, TO AMEND THE WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as 'Board ") at any time within a fiscal year may within 60 days of a fiscal year amend the budget for a prior fiscal year, and provides the procedures therefor; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has received receipts from sources not anticipated in the budget for the prior fiscal year including, but not limited to: revenue from grants, donations or contributions for a designated purpose. WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2002/03 by resolution pursuant to Section 129.06(d), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the budget amendments to the FY 2002 -03 Budget described below are approved and hereby adopted and the FY 2002 -03 Budget is so amended. INCREASE (DECREASE) CARRY FORWARD EXPLANATION BUDGET OR INCREASE INCREASE INCREASE FOR AMENDMENT 1NTERFUND (DECREASE) (DECREASE) (DECREASE) FUND NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES APPROPRIATION l26 03 -454 $542,476 $42,476 To recognize Commission for Transportation Disadvantaged Grant. 411 03 -494 $300,000 5300,000 To recognize grant from SFWMD. 115 03 -504 $87,368 $87,368 To recognize FDLE and DCA Grants for domestic security equipment. 001 03 -523 $2,000 $2,000 To recognize private donation for purchase of a memorial bench. 117 03 -527 $6,000 $6.000 To recognize State Marine Turtle License Plate Funding Grant. l 17 03 592 $3,200 3,200 To recognize U.S. Fish & Wildlife Service South Florida Coastal Ecosystem Program Grant BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman - 1 - AGECDA ITEM 0 C T 14 2003 Po. APPROVAL OF BUDGET AMENDMENTS BCC Agenda of October 14, 2003 General (Fund 001) Emergency Management Administration Budget Amendment #04 -005 Operating Expenses Other Professional Fees $24,850 Reserves Reserve for Contingencies (24,850) Total -0- Explanation: Funds are needed to pay for study of emergency management and preparedness fees compared to other Florida counties; and to recommend potential revenue streams. OCT 1 4 2003 pg. / COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99 -410, Commissioner Frank Halas hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Public Water Access Conference Public Purpose: Garner information onpublic water access issues. Date of Function / Event: November 5 -7, 2003 Amount to be paid by the County: Registration $129.00 and per diem AGEN A IT M No.- 4 OCT 14 2003 P9• 1 — Conference November 5 -7, 2003 Public access to our coastal waters is increasingly difficult to provide and, in fact, is diminishing in many parts of the country. As waterfront property values increase, water dependent businesses such as boatyards and waterfront service facilities are being replaced by condos, private marine facilities and restaurants. Boat ramps and other public access points are also being eliminated. In addition, other threats confront public and private water access providers. Dredging of waterways, basins, and marinas is increasing difficult due to permitting and funding issues. Management decisions relating to the protection of endangered species also affect the ability of both private and public entities to provide water access. This conference will examine the problems and issues that are associated with providing water access and maintaining water dependent uses in our coastal areas. Case studies will examine how some have dealt with this extremely critical issue. The topics and information presented in this conference will be beneficial to both the private and public sector. Local, city, county and state governments confronted with dwindling public water access will find it especially useful. Those within the marine industry will garner useful knowledge to aid them in the presevation and enhancement of water access in their states. For additional information call the Southwest Florida Marine Industries Association at 239 - 332 -0604 or visit www.water - access.com. CO ZO AGEIgDA ITEM e b1 6t —NO. I (e,14- 1 Qty,i i � u .) CONFERENCE SCHEDULE 7:00 pm Cruise Aboard the Lady Chadwick to Cabbage Key (optional) FRIDAY, NOVEMBER 7, 2003 7:00 am 2003 Ea ry Bird WEDNESDAY, NOVEMBERS, 10:00 am 4:00 - 7:00 pm Registration and Check-In Registration 7:00 - 9:00 pm Welcome Reception Only THURSDAY, NOVEMBER 6, 2003 $129oOO! 7:00 - 10:00 am Registration and Check -In Afternoon Session 7:00 am Morning Eye Opening Continental Breakfast 3:30 pm 8:00 am Welcome and Opening Session Session Ends - Ken Stead, Executive Director, Southwest Florida Marine Industries Association 8:30 am Morning Session 10:00 am Morning Break 10:30 am Morning Session Noon Seaside Sensation Buffet 1:00 pm Keynote Speaker - Thom Dammrich, President, NMMA 2:00 pm Afternoon Session 3:00 pm Break 3:30 pm Afternoon Session 5:00 pm Session End 7:00 pm Cruise Aboard the Lady Chadwick to Cabbage Key (optional) FRIDAY, NOVEMBER 7, 2003 7:00 am Eye Opening Continental Breakfast 8:00 am Morning Session 10:00 am Break 10:30 am Morning Session Noon Backyard Bar -B -Cue 1:00 pm Keynote Speaker - Dr. Robert Goodwin, Coastal Resources Specialist, Washington Sea Grant 2:00 pm Afternoon Session 3:00 pm Break 3:30 pm Afternoon Session 5:00 pm Session Ends Schedule Subject to Change Complete Up to Date Speaker List and Schedule Online at wwwmater- access.com -- AGENDA ITEM NO. ��s 3 CONFERENCE TOPICS The Public Trust Doctrine The Coastal Zone Management Act - State Programs Rivers and Harbors Act Blue Belting and Other Options for Preserving Access Facilities Dredging of Recreational Harbors, Ports, and Waterways Waterfront Redevelopment and Funding New Access Facilities Environmental Issues - ESA, MMPA, etc. Public Private Partnerships Research Models for Boating Information Trends and Emerging Issues HOST HOTEL... S outh Seas Resort C. er17tcr yer 1 1k7 irc�, 1-Y'lc7/ -1 o a A Block of Rooms has been reserved for attendees at Special Discounted Rates! One Bedroom Bayside Villas are available at $109.00 per night!* Qualified Government Employees have the option of a Harborside Hotel Room at $55.00 per night! CALL 1- 888 - 707 -7888 FOR RESERVATIONS (Mention Southwest Florida Marine Industries Associaiton for special rates) RESERVATIONS MUST BE MADE NO LATER THAN OCTOBER 6, 2003 WWW- SOUTH - SEAS- RESORT.COM TRAVEL INFORMATION... By Air: Southwest Florida International Airport (RSW) is only 35 miles from South Seas Resort and is serviced by all major domestic carriers. By Land: Take Interstate 75 to exit 131, Daniels Parkway west to Summerlin Road. Follow Summerlin across Sanibel Causeway to Periwinkle Way. Right on Periwinkle to end, left on Tarpon Bay Road and at first stop sign turn left on Sanibel /Captiva Road to entrance. By Sea: Take the channel from Intracoastal Waterway Channel Marker 39 in r,� �# or through Redfish Pass from the Gulf of Mexico. No.!:� *plus applicable taxes and resort fees - 1 ��..3 nq REGISTRATION Register Online at wwwmater- access.com FORM Please type or print legibly your name as you would like it to appear on your badge. (Only one registrant per form; photocopy form for additional registrants) Your name: XX Mr. Ms. Title: Commissioner. District 2 Frank Halas Company: Collier County Government Mailing Address: 3301 Tamiami Trail Fast City: Naples State: FL Zip: 34112 Country: USA Phone: 239- 774 -8097 Fax: 239 - 774 -3602 E -mail: FrankHalas @CallierGov.net Ez, -;./ Bird Conference Registration Fee (prior to October 23, 2003) $129.00 ' Circle Fee Registration After October 23, 2003 ..... ............................... $159.00 Optional Cruise Aboard the Lady Chadwick ($25.00) .................... Total.......................................................... ............................... Payment Method: XX Check Credit Card I authorize Southwest Florida Marine Industries Association to charge the total amount above to my: Visa Mastercard Card Number: Expiration Date: Print your name as it appears on your credit card: Your Signature (required): Check Enclosed: Make checks payable to Southwest Florida Marine Industries Association Mail: Southwest Florida Marine Industries Associaton 2254 Edwards Drive, Fort Myers, FL 33901 Fax: 239 - 332 -0690 Phone: 239 - 332 -0604 Email: info @swfmia.com AGENDA ITEM 14. -3=- - P9. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 14, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for August 2, 2003 through August 8, 2003. 2. Disbursements for August 9, 2003 through August 15, 2003. 3. Disbursements for August 16, 2003 through August 22' 2003. 4. Disbursements for August 23, 2003 through August 29, 2003. 5. Disbursements for August 30, 2003 through September 5, 2003. 6. Disbursements for September 6, 2003 thr( -7h September 14, 2003. 7. Disbursements for September 15, 2003 through September 21, 2003. B. Districts: 1. Key Marco Community Development District — Annual Financial Report, Audit, Management Letter, Minutes of Meetings for June 2, 2003; Agenda for June 2, 2003. 2. Naples Heritage Community Development District — Proposed Budget for Fiscal Year 2004; Agenda and Minutes of Meeting June 9, 2003. 3. Collier Soil and Water Conservation District — Proposed Budget for 2003- 2004.; District Map, Public Facilities Report and Description of Outstanding Bonds. 4. Heritage Greens Community Development District — Proposed budget for FY 2004, Agenda and Minutes of May 12, 2003 5. Port of the Islands Community Improvement District — Minutes and Agenda for the July 18, 2003 meeting and the FY Adopted Budget for 2004. i 1 2003 H:Data/Format 6. Fiddler's Creek Community Development District – Minutes of Meeting for June 25, 2003 and May 28, 2003; Agenda for June 25, 2003. 7. Immokalee Fire Control District – District Map; Proposed Budget for 2003 -2004 and Notice of their monthly board meeting. 8. East Naples Fire Control District – Proposed Budget for 2003 -2004; District Map; Schedule of Meetings for 2003 -2004 and Public Facilities Report. 9. Golden Gate Fire Control – Proposed Budget for 2003 -2004; District Map and Registered Office and Agent. 10. North Naples Fire Control District – Annual Financial Report; Audit; Management Letter; Rebuttal to Management Letter; Budget for 2002- 2003; Proposed Budget for 2003 -2004; District Map; Registered Office and Agent; Schedule of Meetings and Public Facilities Report and their five year capitol plan. C. Minutes: I . Collier County Airport Authority – Agenda for September 8, 2003. 2. Collier County Planning Co i Mission – Minutes of July 18, 2003, August -- 21, 2003; Agenda for Septen. T8,-2003. 1. 3. Collier County Contractor's Licensing Board – Agenda for September 17, 2003. 4. Parks and Recreation Advisory Board – Agenda for September 17, 2003; Minutes of August 20, 2003. 5. Forest Lakes Roadway and Drainage M.S.T.U. – Agenda for September 11, 2003; Minutes for July 16, 2003. 6. Pelican Bay Services Agenda for the September 10, 2003 Sub- Committee and the Minutes of August 6, 2003, 7. Lely Golf Beautification Advisory Committee – Agenda for September 11, 2003; Minutes of August 14, 2003 and August 21 ,2003. H:Data/Format L._, , 14 2003 EXECUTIVE SUMMARY AUTHORIZE THE SUPERVISOR OF ELECTIONS TO ENTER INTO AN AGREEMENT WITH THE CITY OF EVERGLADES CITY FOR THE USE OF SERVICES AND VOTING AND TABULATION EQUIPMENT FOR THEIR ELECTION NOVEMBER 25, 2003. OBJECTIVE: To authorize an agreement for election services for the November 25, 2003 City of Everglades City Election. The agreement is among the Collier County Board of Comissioners as owners of the voting and ballot, tabulation equipment, and the Collier County Supervisor of Elections as custodian of the County's voting and ballot tabulation equipment and the City of Everglades City. CONSIDERATIONS: Pursuant to F.S.101.36, authority is hereby granted to the board of county commissioners of any county that has adopted voting machines or electronic or electromechanical voting to permit municipalities within the county to use county owned voting machines or devices and to permit public agencies, private organizations, and others to use such machines or devices on a rental basis, upon such times conditions as the board may determine. In accordance with this statute, the attached agreement identifies the equipment and services ) be provided for the City of Everglades City Election to be held November 25, 2003. FISCAL IMPACT: The fee shall be $100.00 per voting unit (5100 x 4 units = $400.) The fee shall be paid to the Supervisor of Elections no less than 45 days prior to Election Day. If the actual election costs exceed the amount of the fee, the City shall pay the Supervisor's bill within 10 calendar days of its receipt. The rates for the Supervisors bill shall be actual costs associated with the election. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Collier County Board of Commissioners authorize the Chairman to sign the attached agreement for the election services for the City of Everglades City Election to be held November 25, 2003. APPROVED B Date: U, /c.-' 1 e AGREEMENT FOR ELECTION SERVICES By and Among the City of Everglades City, Collier County T" RWrviT9A gfFj ytions .: _:,C 03, City This Agreement for Election Services (Agreement) is 300h9'I S?i�'F!� Council Election and is by and among the City of Everglades CityCr jp� ice, oun y by and through the Collier County Board of County Commissioners (County) as owners of the County's voting and ballot tabulation equipment, and the Collier County Supervisor of Elections (Supervisor) as custodian of the County's voting and ballot tabulation equipment. W ITNESSETH In consideration of the premises and covenants set out below, and for $10 and other valuable considerations in hand received by the County and the City, it is hereby acknowledged and agreed by the parties hereto as follows: 1. The City acknowledges that only the Florida Constitution and the Florida Legislature may confer jurisdiction on the Board of County Commissioners and the Supervisor of Elections through various legislative enactments. Jurisdiction cannot be conferred by agreement, consent, waiver, or other voluntary act or involuntary act since jurisdiction is established solely by general law. 2. Section 97.021(8), Fla. Stat., provides the definition for "election" used throughout the election code and by definition, those elections for which the County and Supervisor are responsible. The City acknowledges that such definition does not include municipal elections. 3. Under the terms of the City Charter, the City is responsible for the conduct of all its municipal elections except when the City chooses to call a special election to be held by mail ballot. Such an election is subject to a separate Agreement for Services. 4. The home rule powers granted to cities by the Florida Constitution provide for the conduct of the November 25, 2003, City Council Election under the City Charter. 5. To facilitate the City's conduct of its November 25, 2003, election, the Supervisor of Elections shall do those items enumerated in Exhibit A identified as s.19.1, Security Procedures for Stand Alone Municipal Elections of Collier County. 6. The City shall provide to the Supervisor of Elections and the Florida Attorney General a copy of the City's letter of submission and response to and from the U.S. Department of Justice relative to any changes which the City makes relative to polling site locations or any applicable charter amendment referendum questions. Such copy shall be provided no later than 5:00 p.m. on the fourth day preceding the election. 7. Subject to the terms of this Agreement, the County agrees to lease the following items to the City for use at the polls in its election: 4 iVotronic voting booths, including 1 ADA unit 1 Compac 1 Laptop computer Precinct Signs with Flags 1 Precinct file caddy and supplies • 3 Vote Here Alphabet Card sets 8. The City shall arrange for the voting equipment preparation to occur between the hours of 8:30 a.m. and 4:30 p.m. on Thursday and/or Friday preceding the election date. 9. The City shall arrange to accept delivery of voting equipment supplies from the Elections Warehouse at 8:15 a.m. on the Monday preceding Election Day. 10. No later than the third day following the election, the City shall check or clean out the equipment to insure that no City election supplies remain in the file caddy. 11. The Elections office shall remove all elections information from the iVotronic voting booths and return to the City of Everglades for retention. 12. No later than 5:00 p.m. of the Friday immediately following the election, the City shall remove its supplies -- both used and unused -- and transfer them to the City's own storage facility. 13. The City shall use the County's certified tabulating systems, as certified for use after February 2002 under the new state standards, and pay directly to the Supervisor of Elections all costs for programming, on -site election support, and any repairs required as a result of the City's use. 14. Nothing in this Agreement shall be construed to require the County or the Supervisor to provide the setup of equipment for use by the City. 15. This Agreement shall be construed to require the County or the Supervisor to provide all oaths, forms, and training materials to the City's Pollworkers, Clerks, Oath Persons, FED'S and Ballot Activators. 16. Nothing in this Agreement shall be construed to infer that the County or the Supervisor interpreted the provisions of the City's charter or interfered in any way with the Cit, 's exercise of its home rule powers pursuant to the conduct of the City election. 17. Nothing in this Agreement shall require the County or the Supervisor to arrange for the acquisition or construction of additional equipment for use by the City at its poll sites should such equipment not already be in the County's inventory for that specific poll site facility. 18. Nothing in this Agreement shall be construed to require the County or the Supervisor to arrange for the installation and delivery and pickup of voting machines or equipment to the City or to the poll sites for use on Election Day. 19. Nothing in this Agreement shall be construed to require the County or the Supervisor to arrange for or acquire any supplies for use by the City for either the voting equipment or at the polls. 20. Neither the County nor the Supervisor shall be held accountable for equipment needs not contained within this Agreement. There shall be no last minute adjustments to this Agreement for equipment or consumable supplies. 21. Subject to the terms of this Agreement, the County agrees to lease to the City the ballot tabulation equipment components enumerated herein: • Unity Election System including • Data Manager • Ballot Image Manager • Hardware Programming Manager • Data Acquisition Manager • Reporting Manager 2 3 22. The County agrees to lease the foregoing ballot tabulation equipment to the City subject to the following additional conditions: -The City shall utilize the services of the staff of the Supervisor of Elections to program the system for ballot tabulation of the city election; -The City shall not remove the ballot tabulation equipment from the Collier County Government Center where it is in the Supervisor's custody or take any action which would jeopardize the security of the system or interrupt the custody chain. -The City shall be present to conduct the Logic & Accuracy Test at 9:00 a.m. on Tuesday, one week prior to the election at the office of the Supervi3or of Elections. •The City shall arrange for the Supervisor of Elections staff to load the election -- specific ballot tabulation software onto the County's equipment between the hours of 8 a.m. and 9 a.m. no later than Tuesday, one week before the election. *The City shall arrange for storage of its copy of the Logic & Accuracy Test at a site other than the Collier County Government Center. -The City's failure to comply with any of these provisions, as determined by the Supervisor of Elections, shall constitute adequate grounds for termination of this Agreement for convenience by the Supervisor of Elections, on behalf of the Supervisor of Elections and the County, upon five (5) calendar days notice from the Supervisor of Elections to the City. However, any such termination for convenience by the Supervisor of Elections shall not relieve the City from fully complying with Paragraphs 29, 30, 32, 33 and 34 of this Agreement. 23. The Supervisor's office shall be and is solely responsible for the content and format of any affidavits and training materials used in the course of its election. 24. The Supervisor shall be responsible for any training of City's election workers, and the development of its training materials. The City Clerk or her representative will attend all training sessions. The City shall be liable for all actions taken by the City's poll workers during the course of its election day. The City Clerk shall interprets. 102.031(3)(C), Fla. Stat., and train all deputies on the solicitation within 50 feet of the polling site rule. 25. The City shall be responsible for all activity relating to any absentee ballots it chooses to provide voters for its election -- including processing requests; addressing absentee envelopes; verification of voter signatures; and providing lists of absentee voters to city candidates subject to the oath requirements of s. 98.095, Fla. Stat., being filed with and authorized by the Supervisor of Elections. 26. With the sole exception of the voter registration book closing advertisement, the City shall run proper bilingual advertisements for required election notices in a newspaper of general circulation within the county. 27. The City shall provide the necessary training and personnel on Election Day to verify absentee voter siwork shall be conducted under rules restablished bye tabulation. Such he City Canvassing Board. 28. The City shall be responsible for retention and destruction of all election materials in conformity with applicable State and Federal laws. 2g. With the exception of activities relating directly to the Supervisor's determinations regarding voter registration and eligibility and to the extent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor of Elections, their officers, agents, and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses 16j- 41 including attorney's fees, to any person or property which may result now or in the future from City's activities associated with this City election, arising out of or resulting from any and all acts of omission or commission relating to the City's election or the City's responsibility under this Agreement. Further, to the extent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor of Elections, their officers, agents and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses, to any person or persons authorized by the City, its employees, or agents to participate in the City election when not otherwise eligible or from events relating expressly to City election activity. 30. All costs, including attorney's fees and court costs, shall be paid by the City for: a. Litigation involving payment due to the County or Supervisor and for collection for any judgment recorded against the City, or b. Litigation involving the City's election whether brought by an elector, the U.S. Department of Justice, or others. 31. The Supervisor or her staff shall prepare and advertise bilingually the voter registration book closing in accordance with general law and obtain an Affidavit of Publication for same. Said advertisement shall subsequently be billed to the City, which shall be responsible for payment. 32. To lease voting units, and other supplies listed within this contract, the fee shall be $100 per voting unit ($100 x 4 units = $400). The fee shall cover replacement parts and shipping necessary to repair any damages to the County's voting unit or equipment leased to the City. In the event the cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the County for the difference. The fee of $400.00 shall be paid to the Supervisor no less than 45 days prior to Election Day. The City agrees to pay for training, tabulation materials, ballot setup and precinct registers in the amount of $1800.00, additional charges may apply for Spanish translation at a rate of $ .25 to $ .50 per word with a minimum charge of $25.00. The Supervisor of Elections will bill this amount after the election. 33. Within 10 calendar days of the city election date, the City shall provide any replacement parts or equipment that were lost, stolen, or damaged while in the City's possession. 34. If the Supervisor's actual City election costs exceed the amount of the fee, the City shall pay the Supervisor's bill within ten calendar days of its receipt. Rates for the Supervisor's bill shall be actual costs associated with the following: • computer sort time at the rate of $100 per sort: • computer printing at the rate of $.27 per page • actual costs of advertising the voter registration book closing; • actual staff labor costs for work unique and peculiar to the City's election; •$.0125 per page of county Precinct Register paper used (does not include data processing sorts or printing costs); •$.15 per page for 8.5" x 11" or 8.5" x 14" copies; •$.20 per page for duplexed copies; -actual cost of any expenditures required by the City's election and paid by the Supervisor. 35. Notwithstanding all provisions for payment set forth in this Agreement, s. 101.002(2), Fla. Stat., provides that the City shall be responsible for all costs associated with manpower, equipment, postage, and any other City election costs as enumerated in s. 97.021 (10) Fla. Stat., whether or not specifically set forth in this Agreement. 4 /( j- 1 37. Nothing in this Agreement relieves the City of its responsibility to develop security procedures for its election. The County and Supervisor of Elections responsibility for security regarding the City's election are limited to those items contained in the attached Exhibit A. 38. The County and the Supervisor of Elections has no liability for costs or expenses or other liability incurred by the City in preparation for this election should the U.S. Department of Justice note an objection in its response. to the Mayor's request. Further, should there be a response noting an objection which would delay or prohibit the conduct of the election, the City is not relieved of any related financial obligation owed to the County and Supervisor arising from fees, goods and services, or other costs and expenses whether or not specifically set forth in this Agreement, incurred by the Supervisor up to the time the City notifies the Supervisor in writing of the Department of Justice objection. 39. The City shall obtain an insurance policy which shall name the County as additionally insured or agree to provide coverage through the City's self - insurance and shall assure that the County will have no financial obligation which includes the City's responsibility for paying any deductible for any damages to the County's voting and ballot tabulating equipment and systems used in a City election. The City shall provide the County with a Certificate of insurance for said coverage or a resolution indicating such coverage under the City's self - insurance program. 40. In the event there is an election protest, contest, or sequestration order arising from the City's election involving any component of the County's voting system and /or equipment which would preclude its further use until the matter has been resolved by the courts and the County has an election scheduled where the equipment must be used, the City shall make a $25,000 security deposit to Collier County within four calendar days of the issuance of the sequestration order for the tabulation component and an additional $25,000 if voting units are involved. The unused balance on the security deposit shall be returned to the City when the legal matter has been resolved. 41. The City shall arrange for candidates, candidate supporters, and members of the press to congregate and await election results in some publicly accessible meeting area such as the County Commission meeting room, City Hall, or other comparable location. Candidates only may be given tours of parts of the secured areas of the Elections Office. The City Canvassing Board, its precinct election workers, its election night workers, and the Elections employee designated with custodial supervision of the facility for the day will be admitted to the secured area for processing. 42. This Agreement shall be valid only for the City election held November 25, 2003. 43. In the event any part of this Agreement is determined to be unenforceable by a court of competent jurisdiction, said ruling shall not invalidate the remaining parts of the Agreement. IN WITNESS WHEREOF, the parties hereto authorize this Agreement, consisting of six consecutively numbered pages plus a one page "Exhibit A" attachment, and affix their hand and seal this day of , 2003 by the City of Everglades City Council and this day of 2003 by the Collier County Board of County Commissioners and Supervisor of Elections. ATTEST: Collier County Board of Dwight E. Brock, Clerk Commissioners Tom Henning, Chairman 5 /G� I Approved as to form and legal sufficiency for the County: RSFAiPO /Y►cLgel W Ca}i- Chief Assistant County Attorney ATTEST: G" Dottie Smallwood, City of Everglades City Clerk Approved a orm a gal sufficiency for the City of ver ades City Attorney Supervisor or Elections City of Everglades City Sammy Hamilton, Ma�yyor�' 6 J Exhibit A Collier County, Florida s.19A SECURITY PROCEDURES for Stand Alone Municipal Elections (not scheduled concurrently with statelcounty dates or mail ballot elections) 1. The Elections Office will advertise the registration book closing. 2. The Elections office will provide the City with a precinct by precinct demographics report within seven days of registration book closing. 3. On the 6th day preceding Election Day, the Elections Office will run the computer sort to produce precinct registers for use by the City (not required for mail ballot election). 4. On the 4th day preceding Election Day, the Elections Office shall deliver the precinct register(s) to the City Clerk no later than 5:30 p.m. (not required for mail ballot election). 5. If the City leases the County's voting equipment (not supplies), permission must be obtained from both the Board of County Commissioners and the Supervisor of Elections for each election date per Fla. Stat. 101.36. The City shall provide the County with an itemized list of requested equipment no less than 45 days prior to Election Day. The County shall not be required to provide equipment it does not have nor shall it be required to provide all equipment requested. 6. If authorized by the County, the City shall arrange to pick up the leased equipment and deliver it to their polling place(s). 7. The City shall return leased County equipment to the Elections Office the day after the election. The equipment shall be in the same condition as when it was received by the city. 8. If the City issues absentee ballots, the Elections Office will, prior to the canvass of votes, provide the City with records access for their verification of voter signatures on absentee ballots brought to the Elections Office by the City. 9. No later than the 2nd day after the election, the City shall deliver to the Elections Office the precinct register(s) organized in ascending precinct order. No later than the 3rd day after the election, the City shall deliver to the Elections Office, the voter affidavits organized in alphabetical order for use to the Elections Office in updating elector records. 10. If the City leases the County's ballot tabulation system, only the Supervisor of Elections Security procedures for building and system access shall apply. The City shall be responsible for all other security measures for its procedures and supplies. 11. The Elections Office shall retain the precinct register(s) for twenty -two (22) months and then shall seek Bureau of Archives authorization for destruction.. 12. All candidate information, amendments and referendums must be submitted to the Supervisor of Elections no later than the 46"' day prior to the Election, the last day of qualifying. All audio files with tape recorded spoken name of candidate will be made available to the Election Systems and Software at the same time. The Supervisor of Elections will invoice The City of Everglades all costs of the audio ballot. 13. Elections costs shall include, but not be limited to expenditures for all paper supplies including envelopes, instructions to voters, affidavits, precinct registers, reports, ballots, postage, notices to voters, advertisements, testing of equipment, sample ballots, data processing time and supplies, delivery and pick up of equipment, records retention and labor costs, including those costs uniquely associated with absentee ballot preparation and canvassing. These costs will be the responsibility of the County and billed to the City. 14. Cost of pollworkers, feds, and polling locations shall be the responsibility for the City. Revised July 2003 r \oykonhecftsecunty 7}. 16-j- 1 N Citv of Everctlades City Election 11 -25-03 Illot Set Up & Printing Date Beoinninu Date I Receive Final Candidate List ** 10110!2003 10111 i 10/17/2003 10/25 Finalize Ballot Certification 10/13/2003 10/27 EDM Setup 10/13/2003 10/27 B{M Setu of Paper Ballot Proofs 10/27/2003 10/29 OK Ballot Proofs for printing mmin 8 14 14 2 o ra Provide Re {stared Voter Total b District 11/7/2003 11I8/20t)3 10/30/2003 0 Deliver Audio Tape with Candidates Names ** 10/30/2003 10131!2003 11/10/2003 10- Create voice files for ADA 11 /12!2003 11/14/2003 2 Burn .wav files onto compact flash cards 10/28/2003 10/30/2003 2 Burn PEB's Open oils, Vote, Close olls on iVos with Master PEBs 10/28/2003 10/31/2003 3 3 Activate ballot to test each PEB ono ened iVotronic 10/28!2003 10/31/2003 2 Test Display Monitors 1Q/31/2.003 11/2/2003 Modem results from Masters I I T 10/241 Test ERM mar e, re orts, web update and display 1 On -site Pre-Testing 2 Create EQC code and qualify all PEB's 10/27 Clear & Test each iVotronic with proper EQC code 10/31 110/31 Create Test Deck for ivotronic 2 Vote Test Deck for Pretestin 10128 Test ADA voice files for all ballot styl es on iVotronics 10/2E Test Modem Transfer from Master PEBs 10/2E Clear each Master PEB of vote totals- 11/3/ Test All Accumulation into ERM -PEB Precinct dial in 1012E Test Website Update 10/21 10/21 Test Display Monitors 11/1; Logic & Accuracy Test -iVo ** Items to be supplied by and coordinated with the City 10/27/2003 3 10/28/2003 1 _ 1111 /2003 1 11 /2/2003 2 10/30/2003 2 10/31 /2003 3 10/30/2003 2 11 /4/2003 1 10/31 /2003 3 10/29/2003 1 10/29/2003 1 1i/14/2003 - 1 aralades Citv /G✓ /a TimeLineEvergladesCityElectionl1 -25 -03 7/7/2003 9:37 AM 1 of 1 "I - - EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFYSAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from September 20, 2003 through October 3, 2003 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period September 20, 2003 through October 3, 2003. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GRO fVTH MANA GEMENT IMPACT. There is no Growth Management Impact related to this item. RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By: ee L. Mitchell, CIA, CFE, CBA reicstor of Finance and Accounting Reviewed and Approved By: Cons ance Murray General Operations Manager Date:. /r cT G Date: (e�lo3T� `G �'� EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 184 IN THE LAWSUIT STYLED COLLIER COUNTY V. LAZARO HERRERA, ET AL, IMMOKALEE ROAD, PROJECT NO. 60018. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 184 for the Immokalee Road project in the lawsuit styled Collier County v. Lazaro Herrera, et al., Case No. 02- 2211 -CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 184 for the Immokalee Road project (Project No. 60018). On September 19, 2002, Collier County deposited into the Court Registry the sum of $5000.00 for Parcel 184 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002 -125). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1 "). �-- The Stipulated Final Judgment provides for $8404.00 to be paid to Respondents, Lazaro Herrera, Elizabeth Herrera, Berto Herrera and Lucia Herrera, as full compensation for the property rights taken as to Parcel 184; $892.00 to be paid to Kenneth A. Jones, Esquire for attorney fees; and $900.00 to be paid for appraisal fees. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $5196.00 are available from the Transportation :'Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated. SUBMITTED BY: Heidi F. Ashton, Assistant County Attorney AGENDA ITEM N0. e I(& OCT 14 2003 pg. i— Date: Vk REVIEWED BY: REVIEWED BY Transport ati on/ECM/ROW Gregg Strakaluse, P.E., Director Transportation/ECM ;er Date: 9-2u OL�r Date: REVIEWED BY: v Date: - - -�i—" Norm Feder, Administrator Transportation Division APPROVED BY: v he Date: David C. Weigel, County Attorn y mug AGENDAITEM NO. I�K^.I OCT 14 2003 pg. -- a IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida. Petitioner. vs. LAZARO HERRERA, et al., Case No.: 02- 2211 -CA Parcel No.: 184 Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner. COLLIER COUNTY. FLORIDA. by and through its undersigned counsel. and Respondents, LAZARO HERRERA, ELIZABETH HERRERA, BERTO HERREREA and LUCIA HERRERA, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 184, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, LAZARO HERRERA, ELIZABETH HERRERA. BERTO • HERRERA and LUCIA HERRERA ., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, LAZARO HERRERA, ELIZABETH HERRERA, BERTO HERRERA and LUCIA HERRERA, have and recover from Petitioner, COLLIER COUNTY. FLORIDA, the sum of Eight Thousand Four Hundred Four and 00 /100 Dollars (58404.00) for Parcel 184 as full payment for the property interests taken N6_..�,1 0 C T 1 4 2003 pg. 3 resulting to the remainder, if less than the entire property was taken, and for all other damages and claims in connection with said parcel; it is further ORDERED that Respondents. LAZARO HERRERA, ELIZABETH HERRERA, BERTO HERRERA and LUCIA HERRERA, receive from Petitioner, COLLIER COUNTY, FLORIDA. as a reasonable attorney fee the sum of Eight Hundred Ninety -Two and 00 /100 Dollars (5892.00); it is further ORDERED that Respondents. LAZARO HERRERA, ELIZABETH HERRERA, BERTO HERRERA and LUCIA HERRERA, receive from Petitioner, COLLIER COUNTY, FLORIDA. as a reasonable appraiser's fee the sum of Nine Hundred and 00/100 Dollars (5900.00). Except as provided herein, no further expert or professional fees of any kind shall be awarded in connection with the above - styled cause of action as it relates to Parcel 184; it is further ORDERED that the Court reserves jurisdiction to consider additional costs for planning expert fees upon proper motion by Respondents; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA. shall disburse the total amount of Four Thousand Three Hundred Four and 00/100 Dollars (54,304.00) to ROETZEL & ANDRESS TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street. Suite 1000, Fort Myers, FL 33901, equaling the sum of $1702.00 for the benefit of Respondents, LAZARO HERRERA and ELIZABETH HERRERA, and the sum of $1702.00 for the benefit of Respondents, BERTO HERRERA and LUCIA HERRERA, and the sum of $900.00 for appraisal fees; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of Eight Hundred Ninety -Two and 00 /100 Dollars ($892.00) to KENNETH A. JONES, ESQUIRE. Roetzel & Andress. 2320 First Street, Suite 1000, Fort Myers. FL 33901 for attorney's fees pursuant to Section 73.092, F.S.; it is further AGENDA ITEM NO. OCT 14 2003 1 pg. — ORDERED that this Stipulated Final Judgment resolves any and all claims and issues between Petitioner, COLLIER COUNTY, FLORIDA. and Respondents, LAZARO HERRERA, ELIZABETH HERRERA., BERTO HERRERA and LUCIA HERRERA, pertaining to the Immokalee Road Project (Project No. 60018); and it is further ORDERED that title to Parcel 184, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated September 5, 2002, and the deposit of money heretofore made. are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 3049, Page 1041 of the Public Records of Collier County, Florida be dismissed as to Parcel 184; and it is fiirther ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of 2003. conformed copies to: Heidi F. Ashton, Esquire Kenneth A. Jones, Esquire E. Glenn Tucker, Esquire CIRCUIT COURT JUDGE AGENDA ITEM NO. ah l OCT 14 2003 pg. _�_� JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 184. Dated: °i-- /7 03 KENNE ..JONES, ESQUIRE Florida o.: 0200158 ROETZ L ANDRESS 2320 Fi st Street, Suite 1000 Fort i�'i -ers, Florida 33901 (239) 337 -3850 – Telephone (239) 337 -0970 – Facsimile ATTORNEY" FOR RESPONDENTS Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile ATTORNEY FOR PETITIONER AGENDA ITEM — NO. 0 C T 14 2003 pg. ja CD B4 O mN 0 0 � N �17�� rt Ul m � '+ (D a 0 U f❑/1 fA y a o m. N' -m' N N Or O U O O Pg. 7 O 0 , O (D O ❑ Z��o ��' C4 L O v 0 7 V) ° la f] 0 0 00 Z ; -4: o rn � -p. i(A� o o o M v v ? � � ❑ rt N O C � 7 UI 0 CO � < En ❑ O O fD ❑ 7 CL - o -° m " :3 50 0 b 0� �a7 n 0 Z °onto N o oo o ° 7 q O N F O (O M � C O C-) w r OS �-- W �D o co w N 4 D y Z 0 PR2GtiL ►S`I ITE SIMPLE INTEREST EXH �!T pawl 0� 0 f T o P B4 O mN ------ - - - - -- \ \ \\ `h �17�� m ' c4 m S Oi 30 15 E 33 N z m ROAD__ -n; EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE SETTLEMENT OF CERTAIN PAYMENT ISSUES THAT HAVE ARISEN BETWEEN AND AMONG COLLIER COUNTY, THE CLERK OF THE CIRCUIT COURT, AND KRAFT CONSTRUCTION COMPANY, INC. IN CONNECTION WITH CONTRACT NO. 98-2829 AND CONTRACT NO. 00-3064. OBJECTIVE: For the Board of County Commissioners to approve settlement of certain payment issues that have arisen between and among Collier County (the "County "), the Clerk of the Circuit Court (the "Clerk "), and Kraft Construction Company, Inc. ( "Kraft ") in connection with Contract Nos. 98 -2829 and 00 -3064. CONSIDERATIONS: On or around April 22, 2003, the County, the Clerk, and Kraft entered into a settlement agreement of all issues concerning payment that had arisen in connection with the construction of the North Naples Library. During the negotiations leading up to that settlement agreement, the County, Kraft, and the Clerk all recognized and acknowledged that similar issues and disputes about payment under the contract language might exist in other contracts between Kraft and the County. It was agreed and understood at that time that the County, Kraft, and the Clerk would go back and review those contracts and attempt to resolve those payment issues and disputes. The contracts in question were Contract No. 98 -2829, pursuant to which Kraft has been providing construction management services for work on the fourth floor of the County Courthouse, work on the Immokalee and Naples Jail Facilities and chiller plant expansion and the Sheriff's Administration and Operations building as well as Contract No. 00 -3064, pursuant to which Kraft has provided construction management services for work on the Development Services addition and parking garage. The County, the Clerk, and Kraft have now reached settlement of the payment issues and disputes in Contract Nos. 98 -2829 and 00 -3064 as set forth in the two attached proposed settlement agreements. While these proposed settlement agreements will allow Kraft to receive certain payments for vehicle allowances, equipment rental and off -site personnel dedicated to contract work that had previously been questioned under the contract language, Kraft has warranted that these payments will not increase the guaranteed maximum price previously negotiated between Kraft and County staff. In addition, these settlement agreements perform the function of ratifying the guaranteed maximum price established by staff with Kraft and also approve change orders to work on the Immokalee Jail under Contract No. 98 -2829. These change orders account for the benefits received from the Direct Purchase Program instituted by Kraft for purposes of reducing the cost of state sales tax. This program employed in the Immokalee Jail work was identical to the program previously approved by the Board in the North Naples Library settlement. This program is more particularly described in paragraph 4 of the attached proposed settlement agreement for Contract No. 98 -2829. FISCAL IMPACT: As noted above, Kraft will be receiving payment for certain equipment rentals, off -site personnel dedicated to contract work, and vehicle allowances as a result of the AGEND I E N0. ► _ 11 OCT 14 2003 Pg. proposed settlement agreements. Nevertheless, Kraft has warranted that there will be no change to the guaranteed maximum price originally negotiated between Kraft and staff. Therefore, no additional fiscal impact to the County is associated with these proposed settlement agreements. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the recommendation to approve the attached settlement agreements. RECOMMENDATION: That the Board of County Commissioners approve the proposed settlement agreements between and among the County, the Clerk, and Kraft and authorize the Chairman to execute the attached proposed settlement agreements on behalf of the Board. PREPARED BY: 4-1 4W Michael W. Pettit, Chief Assistant County Attorney REVIEWED BY: j j rognale, Con ruction Manager es Management REVIEWED BY: dip Camp, Director, Facilities Management APPROVED BY: David C. Weigel, County Attorney r 2 DATE: l0 /v-3 DATE: DATE: C' DATE: 1 /as AGENDA ITEM N0. 1 0 C T 14 2003 I SETTLEMENT AGREEMENT AND RELEASE (Contract No. 00 -3064) This Settlement Agreement and Release ( "Agreement and Release ") is made and entered into this _ day of October, 2003 by and among the Board of County Commissioners of Collier County, Florida (the "BCC "), Dwight E. Brock, as Clerk of the Circuit Court of Collier County, Florida (the "Clerk "), and Kraft Construction Co., Inc., a Florida corporation ( "Kraft "). Collectively, the BCC, the Clerk, and Kraft are referred to herein as the "Parties ". WITNESSETH: WHEREAS, on April 22, 2003, the Parties entered into a settlement agreement concerning issues and disputes involving payment for work on a construction project known as the North Naples Library Project; WHEREAS. the Parties became aware during the course of their discussions of the issues and disputes in the North Naples Library Project that some of these same issues and disputes might exist in connection with other contracts labeled "construction management at risk contracts" between the BCC and Kraft and agreed to review those contracts and seek to resolve or correct any such issues and disputes; WHEREAS, on or about August 1, 2000 the BCC and Kraft entered into a construction management at risk contract for work on the Development Services Addition and Parking Garage, otherwise known as Contract No. 00 -3064; WHEREAS, work under Contract No. 00 -3064 on the Development Services Addition and Parking Garage is ongoing; 1 AGENDA ITE N0. I 14 2003 Pg. 3 WHEREAS, some of the same issues and disputes regarding contract authorization and payment matters that existed in connection with the North Naples Library Project also appear to exist \vith respect to Contract No. 00 -3064; WHEREAS, the Parties, without admitting any liability or fault by any of them, now desire to fully and finalize resolve and correct any such known issues and disputes regarding authorization payment matters under Contract No. 00 -3064; 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 by the Parties, and with the intent to be legally bound, the Parties mutually agree to the following: 1. The Parties agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses ", by reference into this Agreement and Release. 2. Amendment 1 to Contract No. 00 -3064, a copy of which is attached as Exhibit A, signed by Kraft and the BCC's principal project manager and dated August 14, 2002, is hereby ratified. confirmed and approved by the BCC and Kraft. 3. The BCC and Kraft also agree and acknowledge that the exhibits and attachments to Amendment 1 to Contract No. 00 -3064 that contain qualifications, assumptions, allowance items, and clarifications formed the basis for the guaranteed maximum price amount for Contract No. 00 -3064 and comprise modifications to the scope of the work to be performed for the guaranteed maximum price, and modified the "Cost to be Reimbursed" under Section 5A of Contract No. 00 -3064 with respect to all items of the General Conditions, Phase 1001, which have been reviewed and approved by the BCC's principal project manager as appropriate cost breakdowns of the guaranteed maximum price cost estimates. These modificati AGENDA EM N0. OCT 1 2003 Pg. include: (a) the services provided by Kraft's Project Manager and his administrative assistant whether or not located on site based on time spent working on the project at the rates set forth in Exhibit I to Contract No. 00 -3064; (b) services provided by an estimator for Kraft performing services that a Project Manager might usually perform, whether or not the estimator is located on site, which the BCC and Kraft agree qualify as reimbursable costs at the rate for a Project Manager under Exhibit I to Contract No. 00 -3064; (c) rental of office equipment utilized by Kraft in connection with the work is a reimbursable cost of the work at the rates set forth in Exhibit I to Contract No. 00 -3064, and; (d) charges for the use of vehicles by Kraft's personnel for travel in connection with the discharge of their duties on the project. The BCC and Kraft hereby further agree that this Agreement and Release satisfies the approval requirements under sections 5A4d and 5A4e of Contract No. 00 -3064 for purposes of the modifications described in this paragraph. Kraft expressly warrants that none of these modifications increase the guaranteed maximum price set forth in Amendment I to Contract No. 00 -3064. 4. This Agreement and Release is a result of the compromise of certain issues and disputes concerning contract authorization and payment matters under Contract No. 00 -3064 and it is understood that the execution and performance of this Agreement and Release does not constitute any evidence or admission of any fault or liability. 5. This Agreement and Release shall be governed by the laws of the State of Florida. 6. This Agreement and Release is freely and voluntarily executed by the Parties after they have been apprised of all relevant information concerning this Agreement and Release and after they have received advice of their respective counsel. In executing this Agreement and Release, the Parties do not rely on any inducements, promises, or representations other than the promises and representations set forth in this Agreement and Release. In this regard, the Parties 3 AGENDA 11'EM -- N0. 0 C T 14 2003 pg. S acknowledge this Agreement and Release is the product of mutual negotiation and no doubt for ambiguous provisions of this Agreement and Release is to be construed against any party based upon a contention that the party drafted the ambiguous language or that the party was intended to benefit from the language or clause in question. 7. 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. 8. Upon execution of this Agreement and Release, the Parties hereby discharge and release one another of any potential claims any of them may have with respect to the propriety of payments made in accordance with paragraph 3(a) -(d) of this Agreement and Release. Nothing in this Agreement and Release, however, shall impair or limit any audit rights of the Clerk with respect to the scope or cost of any work under Contract No. 00 -3064. Nor is this Agreement and Release intended in any way to limit the Clerk or the County from contesting the legitimacy of the amounts of any payments made under Contract No. 00 -3064 or any other issues arising under Contract No. 00 -3064 not specifically and expressly referred to in paragraph 3(a) -(d)of this Agreement and Release. 9. The Parties agree that this Agreement and Release as to the resolution of the specific issues and disputes expressly described herein supercedes and replaces all prior agreements and understandings and it constitutes the entire Agreement and Release between the Parties as to such matters. 10. Notwithstanding anything in this Agreement and Release that may be to the contrary, the effective date of this Agreement and Release shall be the date it is approved and M AGEND I c N0. OCT 14 2003 Pg. adopted by the Board of County Commissioners of Collier County, Florida in accordance with Florida law. ATTEST: Dwight E. Brock, CLERK : DEPUTY CLERK [Attestation only as to signature of Chair] WIT, ESS Z`! [Printed Name] [Printed Name] [Printed ?flame] _ Z // c [Printed N, Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, CHAIRMAN Brock '• F T H- 1 CIRCUIT COURT, COLLIER COUNTY, FLORIDA BY: n, RE T KRAFT CONSTRUCTION CO., INC. AGEIqQti �J'EM, OCT 14 2003 Pg. -7 - -_ ..:U From -KRArT PROJECT MANAGMENT Atli: AN ,yDN 'r Na. I Ta AGREEMENT BET!VE �r p ER AND C4N UCTTON MANAGER T -43.5 P. 002/01 F -414 - Pursuant to Sections 4B and 7A of the Agrccmeut, dated August 3 , 2000between + _ -"�', Florida, a body polt� Co11 Corm y, Florida ("Ow=) and --i STBUCTION CO. INC. (-Construction MEna$ ,for management and ^.5� uCtlOri oTe Development Services Additio 'PIOJe » }. the Owner and __r"Gction Manager establish a Craaran r and Contract Time for the Work c-th below: MRTICZE 1 ,. but -- ratraction Manage., Guarant=d Max=um Price for the Work, including the is -^-raced Cost of the Work as dcftued in Section 5 and the Comstruetion Matutgez'a Fee as -, z. red in Section 4, is Six Killion Fortv Nine thousand, Six hundred Thirty : ive c.t ats ($_L, 049 , 035.00 , This Pric- is for the pafmmauc= of the Work in accordance with C='-act Documents listed and attached to this Amendment and mm*-d Amch=au I as follows: Attacbmeui pesctiption Pages Dat^d Number Drawings, peci . and * throe g ficatiom, addenda _ Gen�l, 5upnlemmtary and other *See attached F . xhibic "A" dated 8 -2 -02 Canditions of the Contract an which the of attached Proposal dated 8 -2 -02. Guaranmd Maximum Price is based_ IL AIiowanct items ?.. Assumptions and riazificarioas mzde in preparing the Guaranteed Maximum Pei= 4. COIIIpICt]On 3Cl]Cdule $. Alternate p i= Unit prices 88 throuv See attached Exhibit "B" dated, 8 -2 -02 of attached Proposal * through _jd; 2 th mugh through A !D T' -2 NO OCT I � 20013 pg. N/A N/A N/A EXHIBIT From—KRAFT PROJECT MANAGME:NT T-435 P 003/017 F-414 CONTRACT TM the Ccwwmton Phaw Commencement Date' to ginnim.g with br- � days ClCuntract Time"). ne total pexiod of time 300 Is c,e date of Substantial cc=ledon of the Work CONMuMON MANAMR ;D�-2R :-.nj T,j g CC)LZTTY, FLO=A KRAFT CONSTRUCTION CO- INC- By- BY: &obert L. CarsallO Its- Chairman C-0-0. CGC 00!684 its: 7V 0 1,4-- o2, bert L. '110 7e_ ;R4 DA= Attest: miinn ioisPm 39 AGEND I 'EM N =D OCT I � 2003 Pg. q PROJECT n CONSTRUCTION COMPANY, INC. 11 i C: o�le, Construction Manager _;nty Government - Department of Facilities Management ='J Tamiami Trail Zales, FL 34112 T -435 P.004 /017r -414 _ ---t— - OPMENT SERVICES ADDITION AND PARKING GARAGE Mr. Crognale: =Flowing are our GNP Cost Estimates for the proposed Building Addition, parking Garage -- Development Work. These GMP Cost Estimates arc based upon Project Documents mied in the attached Exhibit °A" as prepared by Barany, Schmitt, Summers, Weaver & ^artners and AgnoIi, Barber & Brundage, Inc.. The following are our GMP Cost Estimates: Building Addition ............................................... ... $ 2,743,345 Parking Garage (280 Cars) ........................... ............ ................... $ 2,449 ,350 Johnson Controls Systems (HVAC Controls, Fire Alarm & Security) ........................ .......... ............................... $ 401,445 Site Development and LandscapeJIrrieation Costs ..................... $ 455,495 TOTAL GMP COST S 6,049,635 Svc attached a Cost Breakdown of these GMP Cost Estimates for your review. If you have azy questions, please feel free to call- - RAr"T CONSTRUCTION COMPANY, INC. 'v ce ?resident/Estimating .;L?.-rd F,-ac�,ed Enclosures: Cost Breakdown dated 8 -02 -02 AGENDA ITEM NO. =6M . OCT I � 2s0 "G3 pg. I D Johnson Controls Budget Proposal dated 7 -25 -02 Exhibit "A" - Enumeration of the Project Documents dated 8 -02 -02 Exhibit "B" - Additions, Deletions, Modifications and Allowances to the Project Documents dated 5 -02-02 ^S =5 S. Horsashoe Drive • Naples Fioricia 34104 - (2S93 643 -6000 Fax (239) 643 -0090 2'20 Matra Paryway, 5uita 117 • Fort Myers. Florida 33912 • (239] 561-51B1 • Fax (239) 561 -5129 _ -353 1N. Taminmi Trail - Sarasota. Florida 34236 • (941 ] 330 -8990 - Fax [941) 330 -2254 -- - _ _: = ; :34 From-KRAFT PROJECT M ANAGMENT T -435 P.905/01T F -414 OCTWJ Pg. L_..� ADO1770N GARAGE JOHNSON C SITE A LANDSCAPE DESCRurr9w Gull COST GIP COST Goi1P COST GWP COST ES7 MATE EsnuATE EST7MAT6 ESTIMA7E S i23 <,096 SS26 2 so SO CONDI 1 s0 SD i0 5118.648 ' S0 30 SO S1 000 j%YCUZ 8 SURVEYING SB ?.650 s143,470 SO SO - - s e51VIBRO FLOTATION So $1 3340 to Vdltftdwpwm ARKING STRIPING sa so so 690 26Z:MONCRETE PAVERS 50 SD SD so 48 $748.800 1530 RE UTILITIES 57.Hso i0 5o s0 - - 1 SELECTNE L)t--mOLITION 2 -^ ;^ - 50 S3 5pp SD SD - - _7777fi3EIRG -- 52 720 53.607 so $0 _ -50;:. POISONING $0 50 36a,932 so s0 SD _- �- - 3�CSCAPING a SOD s0 G -RAVEL .Y,ECH YARD s0 $1.320 $1,850 C.JNTAtN SO 50 $0 Inr}A W - - , RRICATION SYSTEAA ;c-- :: - 60 5339.0!2 535] t4a 30 5o - - SCVSI;.ONCRETE a MASONRY - 531.D15 x'; So ; 75 CHRECI ORAL PRECAST SO SO so _- ? 801PRECAST PARKING DECK 3141 355 311.9"S.j SO s0 so - - -_ "0!STRUCT STEEL a WSC METALS S294'_C.' SO SO RAILING Sato S 44 00 Sc s0 So - -_ = ALL'•- - ?I�vM GATES SO SO SO :OINTS 54.355 Sp - -_ 50:11CARPENTRY .5oo so 524 200 SO SO $24 SD 59'0 CABINETS a MILLWORK -n0 Inao.+Bdo. 5113.68a s0 - -_ ;101IWATERPROOFING 33 11437 so 7•50 MIPPROOFING SD v+dow! 50 s0 so _ - - ^-75 ATER REPELLENT COATING 519.040 30 S0 LNSULAiION 129.9DO 315 510 30 so & SHEET METAL IrclE W 01rs+rta hY'Je � 50 - - - - ;,L {NG �. S:ALANTS W/ brow/ Sa so - - - =S� E_ EXP JOINT 15 410 $170 Sa 3D so so - ± , 11H. k_ DOORS a FRAMES $21.246 30 - - w ^oa WOOD DOORS S83 255 199 so 30 - - �ALUMIGLASSIGLAZING 31 527100 51125 so s0 _�._'p: a71D ARDWARE $184 SD s0 -- a151MIRRORS 36 068 so so 511 i0 I1 2 105 sq 0 - -_ 01 ISTUCCD _ZS^ IFRAWNG a DRYWALL 517.237 30 So SD SSO.HSO SD f,COSTC^ALCEWNGS 581 075 S0 so - ICAR ET a RESiUENT 539.876 54H 567 SO 50 _ PAINTING so 92.434 ip SD ^c�00 ISLIA< DISPLAY BOARDS $5,880 SO '� s0 _ _ OIL-_7 PARTITIONS 00 5875 So SD S6.ODD SD $6 sD so LOUVERS a VENTS -- -_?0= ACCESS FLOORING s4.00D $11 Sp s0 -ALLOWANCE so -30 30 3; 50 so sp iD .6a4 $514 52.215 - -_- - u4ETS FIRST AID CABfNETS ALLOWANCc 5$574 s0 SD SD $0 30 IIMINUM WALKWAY CANOPY 534.571 so SO 50 so MOVAR E PARTITIONS 227 a95 SD so so 1 ^710 SUN CONTROL DEVICES 602 SO $O SO - - .7,01 OILET ACCESSORIES 32,859 io SD s0 " - -- �71nonw cCT10N SCREENS So 571.20D Sp 3A '- - - --a; �F�RKING EOUIPMENT $18,260 50 so iL rASEINORK b FIXTURES 30 SO So ".N OW SHADES 34.t0o 37.000 5D SO so 255D HORIZONTAL BLINDS Si5 so SO - - .2805 ENTRANCE MAT5 s0 T48.450 SO SD - - 14201 ELEVATOR $60.434 $28.766 SD SO -_ - PLUMBING rn.250 $57,755 §0 s0 _- _.52C-. :5301 RE PROTECTION $317.575 56.782 Sc SO - V A AIR CONDITIONING - 5525.970 375 630 50 So s0 s0 s2t77,105 - - -- -_ r+�:�;cOU so - - -- CONTROLS - V 52.521 0 S2 270.986 59 10 3427.4 SUBTOTAL '7:;a SSS t63 328.398 S0 - - -- O^ BURDEN 55% -- 5434 52]5 SO - - jSALES TAX d� eS6 - - -- pa RS RISK INSURANCE BY OWNER BY pyn 8Y pWNER p(4fANF7t O^iN�' 52,410 - - -- ;GENERAL LIABILITY INSURANC= .52496) By OWNER ELY BYaNRdER 52.122 9Y � 'PERurr FEE ALLOWANCE o C��512 GINNER � w„� 8Y pyy� - - -- :anPACT 1 TAP FEE ALLOWANCE H1f OWNER 9Y OWNER 9V OWNER BY OWNER ' - -- :moo; ."!ARY UMITY SERVICES 52.591 S79 32.3 3.571 5379 227 ,901 - -- AL - - -- NHGERS 6'fo ►1A FEE S129,5 1116 679 f98 9fi1 $3.2 _.. _:OtiST%fUCT10N - - - = AYIAENT 8 PERFORMANCE BOND S22.0E2 _____S20,095 3401 r`lA i P` im ! /_ja5b d96 TOTAL 52,743,545 $2,449,360 MQ. OCTWJ Pg. L_..� rrom- KRA'rT PROJECT MANAXENT �2 1D:lla T -435 P. 007 /017 'r -414 (9411 4bb -tyaa r. Collier County Development Services B _. ZZ Jja HNSON .�,_"rR �s Proposal Cc tsx,.njcbon Sotnh Horseshoe Drive 'sap;es, Florida 34104 ' �: joy Pressler 8245 Bayberry Rd. Jac imonvilie, R. 32256 Phone (904Y733 -14i 1 Fax (904)- 733-3335 July 25, 2002 to offer our propose! In famish and install the Control and BuidIng Automation Systems per Spec secson 159W, Fire Alarm System per spec sector' ISM, Accss Control System, CG IV and Code Blue Emer9estoY Phones• -+•big proposal includes: yaC controls for Air Aandliu nett # 1 as shown on WMI VFD arc / Stop, Cantzol and Statue Static Arms= sensor and probe Final Felten and probes Pre Flhcr and probes -agc Dischuge Ait Temp. Sensor aant oatside Air Tim scasor met = Air Temperannrc season Return Air Humidity sensor Chilled water valve and control . Outside air chilled water valve and comrol �`1'C raonitorin for KAU -1 -12s s Unit Enable / Disable and States Filter and probes Condenser Status 14 (DX Split syst1 . IAS[allatiOn find �vtrine Of emit ra Irtstallatinn and waiae of unit on -ac centrals for VAV Tcrmiaal bones � nett manttl�ctsnet for factory DDC controller, velocity sensor, damper actuator will be shipped & RS -1 -1 Start/Sto and 5tatns See Additional information on next page GEN A GEM, NO. i`" O i (} (: Pg. - _ From -KRAFT PROJECT MANAG)ENT -'eveiopment Services Building ots far Chiller Plant as sbown on M302 with chiller icuatwx panel e Primary chilled water supply and return temperature j . Secondary chilled water supply and retara temlicramre Bypass chilled water taraptraaat rsass, primary and secondary flow meters water poraps 1 & 2 Start I Stop and Status Mdary chilled water puarps 1 & 2 Start/ Stop, Status and Control - 'hiller l Stitt 1 T -435 P- 008 /017 F -414 IJTi I •vim ry v-. , - PROPOSAL Building Automation Workstation: MoMcation of existing Metssys worts tion m Building w and ` New Building: i Installation of as addressabit fire alarm system erg per electrical drawsngs installation of dial -un monhorin of Fire Alarm stern w Building "w" Fire Operator VJotkstation :_,.istlag SuUding: ;,:: vat of misting FM firs alarm pane! tz::an of MMitor modnks for eaCh existing mac _I,- Mnatiou of remote power panel for existing horns and strobes o instalil6an of Reritott Anntateiator panel Access Control and CCTV' ,..3 ogee Addition. Acetss Control ;2 :scion of CK 720 cottvoger wrrich will be monhartd by the misting Pegasys 1000 to Budding W installation of (3) Pr=iority readers Installation of (3) dbL Door Magmctic Lock llati • Installation of (6) door position switches lrsmUntion of (3) Request To =h motion der_aors L —r.&1U ion of (3) E=rgoncy W= buttons :. tion C') door lock Dower sun 1 witl: Datt~ry back Addition• CCTV i e Installation of (3) camcras ono err c=b cuumee • Installation of (1) camera power supply installation of (I DiRita! HLhrtordcfl1.OG with 16 Channel MultiDlex er i . Installation of (2) door pasitson switches In=31stion of (1) roadcr Installation of (1) dbl. Door Magnetic Lock ;°r-�Lation of (1) Request to exit motion detectors 1-_-m1iEtion of (1) Emergency carts buu= _stallation of (1) door lock power supaty with bat e 2usgaliation of (1) cameras L- stalladon of (1) caxura power supply - =111inaaon to die DVR in trrotaosed addition See Additional information on next page AGFJ4DA ITEM MO. j OCT I tl 20003 Pg. 13 From -KRAFT PROJECT MANAGMENT ;e;opment Services Building T -435 P 009101 F -414 19411 14 �a-CZ0z r._r PROPOSAL ?; o used Parkin ease e: Access Control Installation of (2) long Rsage Readers on Pedestals for Vehicle Gate Entry 4 InAalLation of (1) Expansion panels w( battery backup j_,=or Card )leader (Travel cable by others, strait include 6c/22g twisted shield, W 14g twisted cable RG59) yr000sed Parking Gore r: CCTV lnttaltation of (4) cameras at vchidt Ssa:s ;:stallrtion of (1) eleva2ar lobby camera rillation of (1) ekvatnr camera IwWladon of (6) exit stairwell / Cade Blue Finergeacy Phone carnarns lnswIlarion of (1) camera in the 1 R floor stairwell p Installation of (5) cameras for parking Sage parker areas inaallnrions of (2) camera PO1`'er su l�cs i '? 0006eu Dai+u+w sa�!ation of (2) Monitors wiah computer hardware (R equi= the owner to provide 2 additional ocrts and IP addresses to each station ,.Torosed Additiob Emergency Phoo - �. ,zmltatian of (6) CB2E Cods Blue Sn Plenum Ar GU qua +� .� =ntrol wj�g expaed areas sbal be in conduit. All contrOI wvrnE —NJ, wear WarranfY, Owner Trsinin . Submittals, Tax and Fteizht See Additional information on next page A' GE FDA IT 3v1 �- F OCT. From -KRAFT PROJECT MANAG1ENT =' -00 ment Services Building -r- salt ^win items are not included' =a.ernent or Perfonnanae Bond ^_;; ers ;stallation of Vaives and/or Damp or other in line ,zfter flours work T -435 P.010 /017 F -41Z (5411 9��-cao� r•.. PROPOSAL Sneed drives disconnects or their instaftabon ,;;ivaz stait -up and warranties =,mess doors and/or vaneLs =tart measu ' Ventures ;�a^?;ino Controls for the Chillers i ::xs with cum s and flow swltcches ing of chiller m wiring, instailabon, sOU2re and commissionanuiac ter supplied intsgratror oanei. i vmvislon of Ethernet its in room 127 pt9vrded owner provision. whin and instillation of to and ate control a u' ment ?rovision, ng and installation of Burolar Alarm Seca as shown on E -1(3"Z ^-arsion, wiring and installation Co. ' 'evator Travel Cable ('travel cable try others, shall include 6cll2g e isteo shield. 2c/141z avirted shield, coaxial cable RG59) rovision, vririn9 and installation of 120vac power tad reader expansion panel within elevator �uiament room Elevator eoui meat elwp_=cal needs to rovidel "�s ..'.ding Automation System Price:: j_--e Alarm System Price: S91,179.00 S84,789-00 Access Control and CCTV Price: $15119 70.00 r-,de Blue Emergency Phone Price: S49 S 377.105-00 ,167-00 'oral price for this project - - �z'�undr•ed and Seventy Seven Thousand One Hundred and Five Dollars -rs?rep0 al is valid until 08/11/02 p,rcwer - Comp=y Name Signature Date: 10HNSON CONTROLS, INC. Name: Shams Sim n Title: vi1Al:lYh l t±IYE N0. 0 Tt :. Pg. _ 1 Fm- KRA' PRCJFCT MANAGENT T -435 F -414 County Development Services Addition and Parking Garage Exhibit "A" August 2, 2002 -- h� Description Date Revision Revision Revision - - - -_ _ - 4111/02 Site Plan 4/11M2 "t, ?inns Agnoii Barber & Brundage, Inc. Cover Sheet & Aerial 415!02 - Existing Conditions & Demolition Plan 415102 Master Site Plan, Utirdy & Stiving Plan 4 15/02 - I Master Slie Plan 415102 ; Water Details 415102 4 �� 7 Water Profile & Sewer Details 415102 - - Paving. Grading & Drainage Details 415102 -- - 7z s by Goetz & 3tro es - -- I Planting Plan 2/6102 418/02 -- !Courtyard Planting 216102 wi RJQ21 3126102 4/1102 - Landscaoe Irrigation 216102 411102 �rcptwclvraI Plans by Walker Parking Consultants Abbreviations & Symbols Legend 4111/02 -- Building Statistics 4111102 Ground & Second Level Floor Plans 4/11102 Top Level Floor Pian 4111102 c Building Elevations 4111102 Transverse & L itudinal Sections 4/11/02 Typical Wall Sections 4111/02 4 -' ITyoical Wall Sections 4111102 Archnetzural Details 4111/02 Arcnitactural Detaits 4111/02 — -_- :E�la ed Entry /E�ol Plans 4/11/02 - _ ;T vital a nq Details I 4111102 )Ground. Se=nd & Top Level Graphic Plans 4111102 !Graphic Schedule and Sign Components 4/11102 = Mountinq Deta, ) 4/11/02 - Enlarged Stair Elevator Tower Floor Plaits 4111102 Enlarged Stair Elevator Tower Elevations 4111102 Stair Elevator Tower Details 4111102 -- _ Typical Stair/Elevator Tower Details 4/11/02 .TS j.0; ism: lr Elevator Tower Details 4111102 Enlarged Stair Tower Floor Plans 4111/02 I Enlarged Stair Tower Elevations 1 4/11102 Stair Tower Sections 4/11102 - - Stair lower Details 4111/02 _-- rs by Walker Parking ConsuRants General Notes, Isometric and Joint Details 4111102 Foundation Plan Schedule & Details 4111/02 LZ Foundation Details 4/11/02 Ground & Second Level Floor Plans 4/11102 - Tov Level Floor Plan 4/11/02 _ P/C Column Details & P/C Column Plans 4111/02 P/C Tee Details 4/11102 PIC Beam Details 4/11102 Structural Details 4!11102 P/C Shearwall & Lightwall Details 4/11102 r.L9Ci i� I L v NO. 1la.�LL1��W •,.. 0C i I h �� 1 of 4 From-KRAFT PROJECT MANAGMENT T-435 P.012 /017 F-414 ,ocher County Development Services Addition and Parking Garage Exhibit "A" August 2, 2002 n:=j, =SQCTn al. Ground and Second Level Electrical Plan NO. 2of4 Top Level Electrical Man W11102 Ground/Second Level Fire Protection Plan 4111/02 Toe Level —Ftre Protection Plan 4111102 (Cover Sheet, Ground & .50=0 Level Mechanical !Plan 4111/02 Tot) Level mechanical Plan 4111/02 — Ground 8 Second Level Plumbinq Plan 1/02 _ Tao Level Plumbing Plan 4/11/02 �9ti_n Hook Wacker Parkinn Consultants 4120102 u.-7±ti :Yv 'Nalker Parking Consultants (written? 5130/02 xl t3y VW lker Parking Consultants Buildrn Statistics 4111102 5130102 A l Floor Plans Ground and Second Level P 4111102 — 5130102 2 4111/02 5130102 A;;�;i :tuhal Details 4/11/02 5130= Ground. Second & Top Level Graphic Plans 4/11 J021 5W02 Enlarged Stair Elevator Tower Floor Plans; 4111/021 5130102 Fn Stair elevator Tower Elevations 4111/02 5130!02 Stair FievatDr Tower Sedons 513=2 -=7— Typical SjajrjBevrator Tower Details 4111102 5130/02 — Stair tvator Tower Details 411 1/02 5130!02 _- Fnlzlrqe — Stair r Floor Plans 4111102 5430/02 Enlarged Stair Tower L;Iev3bons 4111102 5t30102 Foundation Plan Schedule & Details 4111/02 5/30/02 1 Details 4/11102 51313102 Level Second Level Floor Plans Ground co 411110 2 513OM2 Land _0jumn Pt.. Column Pic Column Details PC Column Plans P/C Column n 0. P 411110 411 1JD2 51301D21 - - — D i. Structural Details I / 02 4111/051 51301021 �, Details P/C Shearwall & Lightvall Details ".ht, Dl 411 "02 4111/021 513 L jCover Sheet lGeneral Information I 5=1021 T tGeneral I rmation 5120/021 wAjgnoljt3*!:ter &Brundage, in- . 31102 /Cover Sheet & Asnal WI M 7' Tfi I102 �snq Conditions & Demolition Plan Master Site Plan, Utility a Striping Plan 5131102 7 Master Slte Plan 602 0911/01 o'7 r Details 9/1/01 5131/02 5131102 Water Profile & Sewer Details 70'.7 Paving. Grading & Drainage Details 2-Feb M1102 by Goetz& Stropes; -T— Site Landscape Plan 21SM21 4/810211 512=2 — 'Courtvard Planting 21W021 3118102 3/26/02 411/02 Plant Table& Notes 2/&021 _ 4002 1 a Irriaafion ?16/021 411/02 51231021 r NO. 2of4 pg. From-KRAFT PROJECT MANAGMENT T -435 P- 013/017 F-414 .ollier County Development Services Addition and Parking Garage Exhibit "A" August 2, 2002 - --' Duns by Barany Schmitt Summers Weaver and Partners, Inc. 3 0'14 _ .Orientation Plan 5/211W _ Demofibon Plan 520102 Floor Plan 5110102 Covered Walkway Plan, Chiller Plan, Elevations & Sections 520102 _ Partial E�dsbrrq First Floor Plan & Partial EAsting Reflected Ceiling Plan 5120102 Life Safety Plan 520102 - Reflected Ceiling Plan 520/02 Roof Plan & Roof Details 5120102 - Buildin Elevations & Building Sections 522 _ Building Elevations & Buiding Sections 5120102 Dumpster Plan Elevations, Wall Sections 8 Gate Datals 5120102 — - -- 9J:a!l Sections 5120102 — - IWalI Sections 517D102 `;;,Y Wall Sections 5120102 IDeaails 5120/02 Enlarged Restroorn Plan, Interior Elevations & Toilet Accessory Schedule 51=02 Enlarned Pian & Interior Elevations 5120102 - Miscellaneous Details $02 H,; 1 Finish Schedule & PamDon Types 5120102 .� I Door Scnedule & Details 520102 Mans by Jenkins & Chartand, Inc. SWcaual Notes & Details 1111/011 SM02 5120102 _ - Sectiors, Details. Base Plate & Column Schedules 1111101 3122!02 520102 Sections, Details & Footing Schedule 1111101 3/22J02 5/20102 }Sections & Details 1111101 3122102 5120/02 Foundation Slab Plan 1111101 3122102 5120102 ��_•: Roof (Future 2nd) Floor Frarring Plan 11/1101 3122/02 580102 :1 �ci ^nical, Electrical, Plumbing Plans by Tilden Lobnitz & Cooper, Inc. Mechanical Symbols, Legends & General Notes 5120102 _ First Floor Building Connamon Mechanical Plan 5120/02 -. IFrst Floor Mechanical Plan 52W02 First Floor Mechanical Chilled Water Piping Plan 520102 Mechanical Room Partial Plan & Central Energy Plant 120102 Mechanical Control Diagrams 52=2 Meanical Control Diagrams ch 520102 I Mechanical Details 5120102 _ - I Mechanical Details 5120102 :. .2 Mechanical Equipment Schedules 5120/02 Plumbing Schedules, Notes & Legends 520102 Plumbing Floor Plan EW02 - Plumbing Details and Diagrams 52 Plumbing Roof Plan 5120/02 - Fire Protection Symbols, Notes & Abbreviations 5120102 IFire Protection Site Plan 5%20102 Fire Protection Floor Plan 520102 _ =_ Electrical Symbol Legend, Fixwre Schedule & General Notes 5/211102 EleCncal Site Plan 520/02 = Li htin Floor Plan 520102 — -- °over & Systems Floor Plan 520102 NO 0(, i 1 11 - Pg. �l 3 0'14 NO 0(, i 1 11 - Pg. �l ?7 From-KRAFT PROJECT MANAGMENT T-435 P 014/017 F-414 Collier County Development Services Addition and Parking Garage Ejkhibit IA", August 2, 2002 Mismoaneous Pi 1681 ,!0102 5r power Riser Diagram & ranelboard Schedule !- 5120102 Premise Distribution Sy��qm Details 5120/02 5120/02 E��CO?VOJU�M031 &� 5/17/132 7- 7: (wThbn) 7131021 -..-2 by 3.5.S.(written . (wren 719102 71241021 AGENOA ITEM No. A- OCT 1 2 4 of 4 6 Pg. -- _ -,_._ 10:36 prom -KRAFT PROJECT MANA2ENT KIkRFT CONSTRUCTION COMPANY, INC. T -435 P. 015/017 F -414 EXMIT "B" COLLIER COUNTY DEVELOPMENT SERVICES ADDITION AND PARKING GARAGE 8 -2-02 Page 1 of 3 ONS, DELETIONS, MODIFICATIONS AND ALLOWANCES TO THE PROJECT TTS: y-!SION -111 - GENERAL CONDITIONS -we have not included any Impact or Tap Fees. _. We have not included any primary Utility Service costs. (Le. FPL, Sprint, etc.) We have not included any Building Permit costs. ,x'e have not included providing Builders Risk Insluance or Coastal Hurricane/Wind Insurance Policies for this project Our Project Manager and his Administrative Assistant will be charged to the Job Cost base-, upon their time spent wonting on the Project They will be located at the Main Of5ce to minimize their expense to the County's Job. We have not included providing a Tax Savings Program for this Project. We have not included providing the PIES Reporting System for this Project. �I"1ISION m2 - SITEWORK We have included the Concrete Pavers as specified, except we have included only the cement base solids or mixes for the color selections. The white cement colors, blues �-� are available at additional cost_ We have not included s Limeroek Base under_ compacted sub de. ;I, ;E1J'-)n T� .� the Pavers, only p gm �\ =. We have not included any Landscape Tables, Benches, etc_. V Vg. _� e =SAS S. Horseshoe Drive • Napier., Florida 34104 - (2391 643 -BOOR Fax (239) 643 -0090 - -' = Mev-o Parkway, Suite 117 • Fort Myers, Florida 33912 • (2397 81 -51 81 • Fax (2391 531 -5128 �52 N,. Tamiami Trail • Sarasota, Florioa 34235 • (9411 330 -6990 • Fax (9411 330 -8884 ?:3c Frcm -KRAFT PROJECT MNAGMENT << bit "B" - Additions, Deletions, etc. County Development Services Addition etc. ,;;:7p1.j #3 & u4 - CONCR. -TE AND klASONRY No changes. T -435 P.016 /017 -r -414 Page 2 of 3 8 -2 -02 N ET.ALS We have included the Aluminum Railings, Fabricated Gates and Picket Fence with the Standard Manufacturer's E.S.P. Powder Coat Paint Finish as manufactured by Alufab, Inc. as an equal to both building specifications. vSION n6 - CARPENTRY We have included the Standard Solid Color Group for selection of the Solid Surface Countertops. --ION h7 - TBERMAL & MOISTURE PROTECTION No changes. S" ON 78 - DOORS AND WINDOWS The casement windows shown at Mechanical Room have not been tested for FBC 2001 Chapter 1606. —. g' ^?149 - FINISHES No changes. _ ' ON 0. 10 - SPECIALTIES We have included Phenolic Core Toilet Compartments. We have not included any custom paint colors, exotic colors or "XL" finishes for the Protective Covers in Section 10530. We have included a standard two coat color. _ . -T ;5 ave not included Section 10750 Telephone Specialties, none are required. oc i t From-KRAFT PROJECT MANAGMENT T -dcE P.017 /01 F -414 "B° - Additions, Deletions, etc. Page 3 of 3 `_aor County Development Services etc. 8 -2 -02 _ =S-^N 411 - EQUIF1v1ENT We have included a Budget Allowance of $1,000 to flnnish and install the two (2) ceiling mounted Projectors and their through ceiling pole mounts. = _ We have included a stainless steel Exhaust Food in Room #1 570 in lieu of the Fume Hood specified in Section 11610 as per our conversation with B_S.S.W.. - T12 - FURNISHINGS S -ON No changes. tvISTOTv' f13 - SPECIAL CONSTRUCTION c � s�plicable_ 7TISION m 14 - CONVEYING SYSTEMS No changes. ;S-ON #15 - MECH_ INTICAL We have included the additional one (1) ton Mitsubishi A/C unit for Communications /Security Room per Addendum v -!SION T16 - ELECTRICAL We have not included any new or repair work for the Lightning Protection System at the existing building. J %::cf�FD I7-. i tio. / 1 CIE ST „ r, p SETTLEMENT AGREEMENT AND RELEASE (Contract No. 98 -2829) This Settlement Agreement and Release ( "Agreement and Release ") is made and entered into this _ day of October, 2003 by and among the Board of County Commissioners of Collier County, Florida (the "BCC "), Dwight E. Brock, as Clerk of the Circuit Court of Collier County, Florida (the "Clerk "), and Kraft Construction Co., Inc., a Florida corporation ( "Kraft "). Collective]),, the BCC, the Clerk, and Kraft are referred to herein as the "Parties ". WITNESSETH: WHEREAS, on April 22, 2003, the Parties entered into a settlement agreement concerning issues and disputes involving payment for work on a construction project known as the North Naples Library Project; WHEREAS, the Parties became aware during the course of their discussions of the issues and disputes in the North Naples Library Project that some of these same issues and disputes might exist in connection with other contracts labeled "construction management at risk contracts" between the BCC and Kraft and agreed to review those contracts and seek to resolve or correct any such issues and disputes; WHEREAS, on or about January 12, 1999, the BCC and Kraft entered into a construction management at risk contract for work on the fourth floor of the County Courthouse, work on the Immokalee and Naples Jail facilities and chiller plant expansion and the Sheriff's Administration and Operations, otherwise known as Contract No. 98 -2829; WHEREAS, work on the Courthouse, the Sheriffs Administration and Operations facility and the Immokalee Jail facilities is now completed or nearly complete and work on the _ Naples Jail facilities and the chiller plant expansion under Contract No. 98 -2829 on- gov 1�1M =-- y- 1 WHEREAS, Amendments Nos. 1, 2, and 3 to Contract No. 98 -2829 have been executed by Kraft and the BCC's project manager as described in paragraph 2 below and Amendment No. 4 was executed and approved by Kraft and the BCC on June 12, 2003; WHEREAS, some of the same issues and disputes regarding contract authorization and payment matters that existed in connection with the North Naples Library Project appear to exist with respect to various phases of Contract No. 98 -2829; WHEREAS, the Parties, without admitting any liability or fault by any of them, now desire to fully and finally resolve and correct any such known issues and disputes regarding contract authorization and payment matters under Contract No. 98 -2829; 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 by the Parties, and with the intent to be legally bound, the Parties mutually agree to the following: 1. The Parties agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses ", by reference into this Agreement and Release. 2. Amendments 1, 2, and 3 to Contract Flo. 98 -2829, copies of which are attached as composite Exhibit A, signed by Kraft and the BCC's project manager and dated July 22, 1999, February 15, 2000, and October 19, 2001, are hereby ratified, confirmed and approved by the BCC and Kraft. 3. The BCC and Kraft also agree and hereby confirm that the exhibits and attachments to Amendments 1, 2, and 3 to Contract No. 98 -2829 that contain qualifications, assumptions, allowance items, and clarifications formed the basis for the respective guaranteed maximum price amounts in each such amendment and comprised modifications t Vthe "A ; 5 NO. U�AVA. the work to be performed for the amount of the guaranteed maximum price n each sf F' amendment, and also modified the "Cost to be Reimbursed" under Section 5A of Contract No. 98 -2829 with respect to all items of the General Conditions that had been reviewed and approved by the BCC's senior project manager as cost breakdowns of the guaranteed maximum price cost estimates. ft further agree that Change Order Nos. 19, 20, and 21 for that 4. The BCC and Kra phase of the work involving the Immokalee Jail facility, copies of which are attached as Exhibit B, are hereby approved and ratified. Specifically, the BCC and Kraft agree and acknowledge that the BCC and Kraft emploved a program with respect to work on the Immokalee Jail facility allowing the BCC to directly purchase material and equipment (i.e., the "Direct Purchase Program ") for the purpose of reducing the cost of state sales tax identical to the program employed for the North Naples Library work. The Parties further agree and acknowledge that this Direct Purchase Program did not diminish the responsibilities of Kraft in the performance of the work. At all times, Kraft retained the responsibility to provide material necessary to perform the Immokalee Jail facility work in accordance with Contract No. 98 -2829 and the responsibility for such material's quality, protection, and storage. This program resulted in a series of deductive change orders whereby the guaranteed maximum price and the scope of work were revised to relieve Kraft from purchasing certain material from Contract No. 98 -2829. Based upon a final accounting and reconciliation of the actual cost of equipment and material directly purchased by the BCC for the Immokalee Jail facility, and the corresponding savings in sales tax thereon, as compared to the cumulative sum of the foregoing deductive change orders, the guaranteed maximum price for the Immokalee Jail facility was revised as follows: (a) initially increased by the sum of $28,650.78 as set forth in Change Order No. 20 representing the difference between the total of the deductive change orders due to the fixed priw'e s bMHUAMEM.__- that Kraft had entered into for which the BCC made direct material purchases and - -ajt�ak�,vr 3 pg. __ __ amount paid by the BCC to purchase such materials; and (b) reduced by the sum of $110,940.20 based upon sales taxes not incurred on material directly purchased by the BCC as set forth in Change Order No. 21. The net result, as acknowledged by the Parties, is a reduction of $82,289.42 for the guaranteed maximum price work on the Immokalee Jail facility as reflected in Change Order Nos. 20 and 21. Kraft expressly warrants to the BCC that neither the Direct Purchase Program nor any of the payments referred to in paragraphs 6 — 8 in this Agreement and Release increased the guaranteed maximum price for that work that was the subject of Amendments 1, 2, and 3 to Contract No. 98 -2829. 5. The BCC and Kraft further agree that Kraft's fee for the Immokalee Jail work shall be calculated based upon the original guaranteed maximum price of $7,427.664.00 in Amendment 3 and without regard to the amount of any reductions of the guaranteed maximum price by reason of any change orders that reduce the guaranteed maximum price due to the Direct Purchase Program. 6. The BCC and Kraft also agree that reimbursements to Kraft, as a cost of the work, for necessary supervisory and administrative staff who provide direct services for all phases of work under Contract No. 98 -2829 but who are not necessarily located at the site of the work when such services are provided, shall be ratified and allowed notwithstanding anything in Contract No. 98 -2829 that may be construed to the contrary. 7. The Parties also agree and acknowledge that Exhibit N to Contract No. 98 -2829 is hereby specifically ratified and applies as the BCC's written approval for rental of the listed equipment and the listed rates pursuant to Section 5 of Contract No. 98 -2829 respecting work under Amendments 1, 2, and 3 to Contract 98 -2829. The rental of this equipment from Kraft by this method and at these rates is approved notwithstanding any provisions of Cootract,la PF rf._ 2829 that might be construed to the contrary. s r, 4• ,:, 4 �v 8. The BCC and Kraft also agree that to the extent Kraft personnel have been reimbursed a vehicle allowance for the use of vehicles in performing any work under Amendments 1, 2, and 3 to Contract No. 98 -2829, those reimbursements are hereby ratified notwithstanding anything in Contract No. 98 -2829 that might be construed to the contrary. 9. This Agreement and Release is a result of the compromise of certain issues and disputes concerning payment matters under Contract No. 98 -2829 and it is understood that the execution and performance of this Agreement and Release does not constitute any evidence or admission of any fault or liability. 10. This Agreement and Release shall be governed by the laws of the State of Florida. 11. This Agreement and Release is freely and voluntarily executed by the Parties after they have been apprised of all relevant information concerning this Agreement and Release and -.. after they have received advice of their respective counsel. In executing this Agreement and Release, the Parties do not rely on any inducements, promises, or representations other than the promises and representations set forth in this Agreement and Release. In this regard, the Parties acknowledse this Agreement and Release is the product of mutual negotiation and no doubt for ambiguous provisions of this Agreement and Release is to be construed against any party based upon a contention that the party drafted the ambiguous language or that the party was intended to benefit from the language or clause in question. 12. 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. 13. Upon execution of this Agreement and Release, the Parties hereby discharge and release one another of any potential claims any of them may have with respect to: (a) the kGE14D., ITEM l propriety of the direct purchase program described in paragraph 4 of this Agre ` ehtoajU 5 OCT I wu:v pg.._ Release; (b) the propriety of payment of equipment rental rates to Kraft as stated in Exhibit N to Contract No. 98 -2829 and as described in paragraph 7 of this Agreement and Release; (c) and the propriety of payment of Kraft's staff as designated on Exhibit I to Contract No. 98 -2829, even if off -site, provided such staff have performed documented direct services for work under Contract No. 98 -2829 and as described in paragraph 6 of this Agreement and Release; and (d) the propriety of vehicle allowance as described in paragraph 8 of this Agreement and Release. Nothing in this Agreement and Release, however, shall impair or limit any audit rights of the Clerk with respect to the scope and cost of work performed under Contract No. 98 -2829. Nor is this Agreement and Release intended to limit in any way the Clerk or the County from contesting the legitimacy of the amounts of such payments or any other issue arising under Contract No. 98- 2829 that is not specifically and expressly referred to in this paragraph. 14. The Parties agree that this Agreement and Release as to the resolution of the specific issues /disputes expressly described herein, supercedes and replaces all prior agreements and understandings and it constitutes the entire Agreement and Release between the Parties as to the matters at issue. 15. Nothing herein vitiates the continued validity of Contract No. 98 -2829 in an executory capacity as to the work that is ongoing. 16. Notwithstanding anything in this Agreement and Release that may be to the contrary, the effective date of this Agreement and Release shall be the date it is approved and adopted by the Board of County Commissioners of Collier County, Florida in accordance with Florida law. �. ECrt Jar: l!� r 6 ic: ATTEST: Dwight E. Brock, CLERK DEPUTY CLERK [Attestation only as to signature of Chair] WIT SS [Printed Name] C 1210 Cc' [Printed Name] [Printed N,.pme] [Printed Name Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tom Henning, CHAIRMAN BY: S� J I)wigh Brock CLE OF THE CIRCUIT COURT, COLLIER COUNTY, FLORIDA BY: �n PR KRAFT CONST jUCTION CO., INC. N0. 7 p g. — EXHIBIT K AMENDMENT NO. 1 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Sections 4B and 7A of the Agreement, dated January 12. 1999 between Collier County, Florida, a body politic, collier County, Florida ( "Owner ") and Kraft Constriction Company. Inc. ( "Construction Manager "), for management and construction 4`t' Floor of the County Courthouse ( "Project "), the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work as set forth below: ARTICLE 1 GUAR-ki NTEED NLA2XIMUNI PRICE Construction Manager's Guaranteed :Maximum Price for the Work, including the estimated Cost of the Work as defined in Section 5 and the Construction Manager's Fee as defined in Section 4. is Two Million Ninety -five Thousand Three Hundred Twenty -Six Dollars (S2.095_326). This PI-lice is for the performance of the Work in accordance with the Contract Documents Iisted and attached to this Amendment and marked Attachments 1 through 6, as follows: :attachment Number 1. Y. 6. Description Contract Documents Allowance Items Pages 1 through 3 Dated Julv 21. 1999 1 through 1 Julv 21. 1999 Assumptions and clarifications made in 1 through I preparing the Guaranteed Maximum Price Completion Schedule 1 through 1 Alternation Prices None Unit Prices None NO. Page 1 Julv 21 1999 JuIv 21 1999 a S EXHIBIT a ATTACHMENT 1 CONTRACT DOCUMENTS FOR THE 4" FLOOR OF THE COLLIER COUNTY COURTHOUSE JULY 21, 1999 A. Drawings prepared by the V Group all dated April 15, 1999. DRAWING NUIy1BER DRAWING TI:: LE A0.1 Drawing Information, Symbols, Legends and Abbreviations. A1.01 Site Plan AD2 0 Demolition Plan A2.01 Floor Plan A22-02 Wall Types /Signage Plan A4.01 Expanded Plans A4.02 Expanded Plans and Interior Elevations A5.01 Interior Elevations A5.02 Interior Elevations A6.01 Reflected Ceiling Plan A9.01 Partition Types A9.02 Details /Door /Window Elevations A9.03 Details A9.04 Details A9.05 Details `� iison Faricy Architects Inc. Reference Drawings �. FRO 1 Third Floor Reflected Ceiling Plan New Building dated May 17, 1990. _ Coastal Fire Protection Reference Drawings FR02 Sprinkler Piping 4'h Floor dated tilarch 30. 1999. Drawings Prepared by Tilden Lobnitz Cooper all dated April 15, 1999. DRAWING NUMBER DRAWING TITLE HO.1 Mechanical Symbols, Legends, Notes H2 .1 Mechanical Fourth Floor Plan H3.1 Mechanical Controls 1-?6,1 Mechanical Schedules H 1 Mechanical Details/Elevations PO. i Plumbing Legend, Notes & Schedules P Plumbing Sanitary Waste and Vent Fourth Floor Plans Floor Plan ri =l�r ;; IT -M J P_ ? Plumbing Domestic Water Fourth P� Plumbing Details and Riser Diagrams Electrical Symbols, Legend and Notes Page 1 E. E1.1 Electrical Demolition Plan E2.1 Fourth Floor Lighting E3.1 Fourth Floor Power E4.1 Fourth Floor Systems E5.1 Panelboard Schedules E6.1 Electrical Riser Dia2rams E8.1 Electrical Details Addendum Number One as Prepared by The V Group dated May 7, 1999 — 16 pages. F. Specifications Prepared by The V Group dated April 15, 1999. SECTIONS DESPCRIPTIONS PAGES 01010 Summary of Work 1 01040 Coordination 3 01045 Cutting and Patching 4 O1200 Project Meetings 4 01300 Submittals 8 01400 Quality Control 4 01600 Materials and Equipment 5 01631 Substitutions 3 01700 Contract Closeout 5 01740 Warranties 02070 Selective Demolition 5 0^- -.310 Unit Masonry Assemblies 6 04815 Glass Unit Masonry Assemblies 5 06105 Miscellaneous Carpentry 4 06402 Interior Architectural Woodwork 12 07210 Building Insulation 6 0 72 7 0 Firestopping 7 07920 Joint Sealants 9 08000 Door Schedule 3 08110 Steel Doors and frames 5 08211 Flush Wood Doors 5 08305 Access Doors 087/10 Finish Hardware 13 08800 Glazing- 9 09000 Room Finish Schedule 4 09255 Gypsum Board Assemblies 14 09265 Gypsum Board Shaf -wall Assemblies 4 09310 Ceramic Tile 10 09451 Interior Stone Facing 9 09511 Acoustical Panel Ceilings 8 09631 Resilient Tile Flooring 5 09653 Resilient Wall Base and Accessories 5 09680 Carpet 6 09841 Acoustical Wall Panels 4 09900 Painting 7 Page 2 �s' ee N ; I k 09950 Wall Coverings 4 10100 Visual Display Boards 5 10155 Toilet Compartments 4 10425 Signs e 1020 Fire - protection Specialties 5 10801 Toilet and Bath Accessories 5 12511 Horizontal Louver Blinds 4 G. Specifications Prepared by Tilden Lobnitz Cooper dated April 15, 1999. SECTIONS DESPCRIPTIONS PAGES 15010 Basic Mechanical Requirements 12 15030 Electrical Requirements for Mechanical Equipment 10 15050 Basic Mechanical Materials and Methods 11 15060 Pipe and Fittings 7 15100 Valves 11 15210 Vibration Isolation 4 15250 Thermal Insulation II 15110 Plumbing Piping System 5 15140 Plumbing Fixtures 6 15450 Plumbing Equipment 5 15690 Duct Mounted Heater 4 15560 Fans 4 15580 Air Distribution 5 15890 Ductwork 10 15910 Ductwork Specialties 10 15930 Terminal Unit 4 15950 Temperature Controls 6 15990 Performance Verificaiton 9 160 i 0 Basic Electrical Requirements 17 16020 Tests & Performance Verification 4 16030 Electrical Identification 6 16110 Raceways and Conduits 17 16120 Wires and Cables 4 16130 Outlet Boxes 16140 Wiring Devices 9 16 250 Grounding 2 1660 Transformers 16470 Panelboards 8 1680 Motors and Motor Control 4 16500 Lighting 4 16600 Computer Distribution System 4_ 16701 Systems General Provisions 5 1 b 7 0 9 Surge Suppression, Bonding & Grounding 12 16 -_�0 Addressable Fire Alarm System 14 16710 Raceway Systems 4 167'.1 Structured Cabling System 13 16-7' Public Address System Extension 2 Paee 3 �GENDA ATTACILNIENT 2 ALLOWANCE ITEMS : f: 4 T FLOOR OF THE COLLIER COUNTY COURTHOUSE JULY 21, 1999 A. Repair and/or replace landscaping and sidewalks damaged during construction - S5,000. B. Courtroom light dimmer system - $40,000. C. Contingency of 3% for unforeseen conditions and scope - buyout oversights - S59,700. G, IND I al i' tvv. 3 ATTACHMENT 3 QUALIFICATIONS AND ASSUMPTIONS FOR THE 4TH FLOOR OF THE COLLIER COUNTY COURTHOUSE JULY 21, 1999 1) Wood doors shall be a manufactured by Mohawk and hollow metal frames shall be as manufactured by S.W. Fleming. 2) Where wood paneling is to be installed on metal stud walls we will install a combination system of fire retardant plywood and wood furring on drywall. Buildings Risk Insurance is by the Owner. I) The temperature control system shall be per Item rl of Johnson Controls quote of June 3, 1999 with the exception that the N2 trunk will be tied into the VFD's. Page i E, r,GtW.r\ IT iVo. �1 M-2) j• LL ------------ E 0 0 I ---_--------- ----------- CDs s s s Cal ill E U. I I 01— i:_ 1- 1- 1- IT c r 0 U 0 LL M a) cli > ' z .6 E 0 uj z U3 = W 0 to 5 Z -, 0 W Z M cr_ a. a_ I I 01— i:_ 1- 1- 1- IT c r 0 U 0 LL M a) cli c r 0 U 0 LL M a) cli ARTICLE 2 CONTRACT TIME The total period of time beginning with the Construction Phase Commencement Date to the date of Substantial Completion of the work is 183 Calendar days ( "Contract Time "). OWNER COLLIER COUNTY, FLORIDA /Date: 7 �y U' LI — Attest_ / �u, - � �N CONSTRUCTION MANAGER KRAFT CONSTRUCTION COMPANY INC. Bv: Its: Chairman Date: Julv 21. 1999 Attest: �LWd " i 4a,,ez�:� Page 1 OC T ae i, •e:ti'�j EXHIBIT K ENDNIENT NOO. X O AGREEMENT BETWF OWNER AND CONSTRUCTION MAiNAGER Pursuant to Sections 4B and 7A of the Agreement, dated January 12, 1999 between Collier County, Florida, a body politic, collier County, Florida ( "Owner ") and Kraft Construction Comoany, Inc. ( "Construction Manager "), for management and construction Addition to Buildins J ( "Project "), the Owner and Construction Manager establish a Guaranteed Maximum` t'ric%�nd. Contract Time for the Work as set forth below: ARTICLE 1 -- GUARANTEED NIA INIUM PRICE Construction Manager's Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as defined in Section 5 and the Construction Manager's Fee as defined in Section 4, is Four Million One Hundred Twentv Seven Thousand Four Hundred Twenty Two Dollars (54.127.422.). This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Attachments 1 through 6, as follows: Attachment Description Pages Dated Number o r € `.. ' Page 1 i 1 ��'J'.. a 1. Contract Documents 1 through 9 February 11. 2000 2. Allowance Items 1 through 1 February 11. 2000 3. Assumptions and clarifications made in 1 through 1 February 11. 2000 preparing the Guaranteed Maximum Price 4. Completion Schedule 5. Alternate Prices 6. Unit Prices 1 through 4 February 11. 2000 None None o r € `.. ' Page 1 i 1 ��'J'.. a ATTACHMENT "1" CONTRACT DOCUMENTS FOR THE ADDITION TO BUILDING "T' FEBRUARY 11, 2000 A CIVIL DRAWINGS PREPARED BY — TKW CONSULTING ENGINEERS, INC. SHEET SHEET NAME DATE C 0.0 Original Survey Plan 1/6/00 C 1.0 Site Demolition Plan (Was CO. 1) 1/6/00 C 2.0 Site Layout Plan (Was C 1.0) 1/6/00 C 3.0 Site Utility Plan 1/6/00 C 4.0 Drainage Plan (Drawing added to Al) 1/6/00 C 5.0 Details 1/6/00 B LANDSCAPE DRAWINGS PREPARED — J. ROLAND LIEBER C 6.0 Irriszation Plan C 7.0 Planting Plan 12/21/99 Undated C. ARCHITECTRUAL DRAWINGS PREPARD BY — THE V GROUP Cover Sheet Compliance Documentation for Construction 115/00 A 0.1 Code Information, Symbols, Legends & Abbreviations 1 /6/00 AD 2.1 Bldg. "J" First Floor Demolition Plan 1/6/00 A 1.01 Code Plans 1/6/00 A 2.02 Building "J" Second Floor Plan 1/6/00 A 2.03 Signage Plans Building "J" 1/6/00 :A 2.05 Roof PIan 1/6/00 A 2.06 Door Schedule, Window & Frame Types 1 /6/00 A 3.01 Building Elevations 1/6/00 A 3.02 Building Sections 1/6/00 A 3.03 Exterior Wall Sections 1 /6/00 A 3.04 Exterior Wall Sections 1 /6/00 A 4.01 Enlarged Plans Building "J" 1/6/00 A 5.01 Interior Elevations Building "J" 1/6/00 A 6.01 Reflected Ceiling Plans Building "J" 1/6/00 A 6.02 Reflected Ceiling Plans Building "J" 1/6/00 A 8.01 Exterior Shell Details 1/6/00 A 8.02 Exterior Door & Window Details 1/6/00 A 8.03 Exterior Granite Details 1/6/00 A 8.04 Exterior Details 3/6/00 A 9.01 Interior Details & Partitions Types 1/6/00 A 9.02 Interior Door & Window Frame Details 1/6/00 a R (T ,T I '� Attachment "1" Contract Documents BuiIdinQ "J" Page 2 D. STRUCTUIZ -kL DRWINGS PREPARED BY - TKW CONSULTING ENGIiy"EERS S 1.0 General Notes & Schedules 11/6/00 S2.1 Foundation Plan 1/6/00 S2.2 Second Floor Framing Plan 1/6/00 S2.3 Roof Framing Plan 1/6/00 S5.01 Typical Details 1/6/00 E. MECI- NICAL & ELECTRICAL PLANS PREPARED BY TILDEN LOBNIZ COOPER M 0.1 Mechanical Symbols, Legends & Notes 1/6/00 M 2.1 First Floor Mechanical Plan 1/6/00 M 2.2 Second Floor & Roof Mechanical Plans 1/6/00 vl 3.1 Mechanical Controls 1 /6 100 M 6.1 Mechanical Schedules I /6 /00 M 8.1 Mechanical Details 1/6/00 M 8.2 Mechanical Roof Details 1/6/00 P 0.1 Plumbing Legends, Notes & Schedules 1/6/00 P 2.1 Plumbing First Floor Plan 1/6/00 P 2.2 Plumbing Second Floor Plan 1 /6/00 P 2.3 Roof Plan 1/6/00 P 8.1 Plumbing Details & Diagrams 1/6/00 F 2.0 Fire Protection Details 1/6/00 F 2.1 First Floor Fire Protection Plan 1/6/00 F 2.2 Second Floor Fire Protection Plan 1 /6/00 E 0.1 Symbols, Legends &, Notes 1 /6 /00 E 1.1 Electrical Site Plan 1 /6 /00 E 2.1 New Addition First Floor Lighting Plan 1/6/00 E 2.2 New Addition Second Floor 1/6/00 E 3.1 New Addition First Floor Power Plan 1 16100 E 3.2 New Addition Second Floor Power Plan 1/6/00 E 4.1 New Addition First Floor Systems Plan 1/6/00 E 4.2 New Addition Second Floor Systems Plan 1/6/00 E 6.1 Power Riser Diagram 1/6/00 E 6.1 Panelboard Schedules 1 /6 /00 E 6.2 Panelboard Schedules 1 /6/00 E 8.1 Miscellaneous Electrical Plan 1 /6/00 r( -° L40 - Attachment "1" Contract Documents Building "T' Page 3 F. SPECIFICATIONS PREPARED BY — THE V GROUP DIVISION 0 BIDDING REQUIREME'TS, CONTRACT FORMS AND CONDITION OF THE CONTRACT Invitation for Bids 2 page Undated Instructions to Bidders 6 pages 9/7/99 Standard Form of Bid Proposal 4 pages Undated Bid Packages — Specific Description 42 thru X16 1 page Undated Bid Packages — General Description 12 thru nl6 3 pages Undated Construction Agreement with Exhibits 6 pages 9/7/99 Exhibit "A" Public Payment Bond 3 pages 9/71/99 Exhibit "A" Public Performance Bond 3 pages 9/7/99 Exhibit "B" Insurance Requirements 6 pages 9/7/99 Exhibit "C" Release and Affidavit Form 1 page 9/7/99 Exhibit "H" General Terms and Conditions 25 pages 9/7/99 Exhibit "I" Supplemental Terms and Conditions 1 page 9/7/99 Definitions 1 page Undated Project Schedule 6 pages 10/21,199 DIVISION 1 GENERAL REQUIREMENTS UNDATED 01010 -1 Summary of Work 01030 -1 Alternate Bids 01040- thru 3 Coordination 01045 -1 thru 4 Cutting and Patching 01090 -1 thru 8 Reference Schedule 01200 -1 thru 4 Project Meetings 01300 -1 thru 8 Submittals 01400 -1 thru 4 Quality Control 01600 -1 thru 5 Materials and Equipment 01631 -1 thru 3 Substitutions 01700 -1 thru 5 Contract Closeout 01740 -1 thm 3 Warranties DIVISION 2 SITEWORK UNDATED 02010 -1 Subsurface Investigation - 02050 -1 thru 3 Demolition - - 02100 -1 thru 3 Site Preparation 02200 -1 thru 8 Site Earthwork 02220 -1 thru 7 Structural Earthwork � • ..__ Attachment "I" Contract Documents Building "T' Page 4 Division 2 continued 02361 -1 thru 4 02510 -1 thru 3 02526 -1 thru 5 02580 -1 thru 2 02675 -1 thru 3 02667 -1 thru 5 02720 -1 thru 6 02730 -1 thru 5 02810-1 thru 15 02900 -1 thru 10 Termite Control Asphaltic Concrete Concrete Pavement Curb and Walkway Pavement Marking and Traffic Signs Disinfection of Water Distribution Systems Site Water Lines Storm Sewers and Structures Gravity Sanitary Sewerge Systems Landscape Irrigation Landscaping DIVISION 3 CONCRETE 03300 -1 thru 15 Cast -in Place Concrete DIVISION 4 NIASONRY 04200 -1 thru 12 unit Masonry 0 -.851 1 thru 13 Stone Veneer Cladding, DIVISION 5 iNIETALS 05120 -1 thru 8 Structural Steel 0210 -1 thru 6 Steel Joist and Joist Girders 05310 -1 thru 5 Steel Roof Deck 05 -20 -1 thm 3 Structural Cold Formed Metal Framing, 05500 -1 thru 4 Metal Fabrications 05521 -1 thru 8 Pipe and Tube Railings 05530 -1 thru 4 Ornamental Aluminum Fabrications (Sun Screens) 05800 -1 thru 3 Expansions Joint Assemblies DIVISION 6 WOOD AND PLASTICS 06105 -1 thru 4 Miscellaneous Carpentry 06402 -1 thru 8 Interior Architectural Woodwork UNDATED UNDATED UNDATED UNDATED S -- Lf Attachment "I" Contract Documents Building "T' Page 5 DIVISION 7 THERINLA.L AND MOISTURE PROTECTION UNDATED 01760 -1 thru 3 Bituminous Dampproofing 07210 -1 thru 4 Bu:'dina Insulation 07220 -1 thru 2 Roof Insulation 07250 -1 thru 3 Exterior Builders Trim (DPS Foam) 07255-1 thru 5 Cementitious Fireproofing 07270 -1 thru 7 Firestopping 07460 -1 thru 4 Metal Building Panels 07536 -1 thru 8 Modified Bitumin Roofing 07536.0 -1 thru 2 Roofing Warranty 07620 -1 thru 4 Sheet Metal Flashing and Trim v 07900 -1 thru 5 Joint Sealers DIVISION 8 DOORS AND WINDOWS UNDATED 08110-1 thru 6 Steel Doors and Frames - 08211-1 thru 5 Wood Doors — Plastic Laminate 08305 -1 thru 3 Access Doors 08410 -1 thru 7 Aluminum Entrances and Storefronts 08520 -1 thru 7 Aluminum Windows 08710 -1 thru 11 Finish Hardware 08800 -1 thru 7 Glazing DIVISION 9 FIrZSHES UNDATED 09220 -1 thru 6 Portland Cement Plaster 09255 -1 thru 13 Gypsum Board Assemblies 09310 -1 thru 6 Ceramic Tile 09511 -1 thru 6 Acoustical Panel Ceilings 09651 -1 thru 5 Resilient Tile-Flooring r 09653 -1 thru 5 Resilient Wall Base and Accessories 09680 -1 thru 6 Carpet 09900 -1 thru 7 Painting DIVISION 10 SPECIALTIES UNDATED 10100 -1 thru 5 Visual Display Boards 10170 -1 thru 4 Toilet Compartments 10211 -1 thru 5 Metal Wall Louvers 10400 -1 thru 4 Identification Devices (Signage) a. 10420 -1 thru 3 10522 -1 thru 4 Plaques Fire Extinguisher, Cabinets and Accessories 10801 -1 thru 5 Toilet and Bath Accessories ; Attachment "1" Contract Documents Building "f' Page 6 G. 'v EC11ANICAL SPECIFICATIONS PREPARED BY - TILDEN LOBNITZ AND COOPER DATED 10/27/99 15010 Basic Mechanical Requirements 12 pages 16030 Electrical Requirements for Mechanical Equipment 9 pages 16060 Basic Mechanical Materials and Methods 10 pages 16060 Pipe and Fittings 7 pages 16100 Valves 10 pages 16120 Piping Specialties 10 pages 16160 Pumps 7 pages 162--0 Vibration Isolation 11 pages 16260 Thermal Insulation 11 pages 16300 Fire Protection 10 pages 164 i 0 Plumbing Piping System 6 pages 16 =I40 Plumbing Fixtures 6 pages 16--60 Plumbing Equipment 4 pages 16610 Hydronic Piping System 4 pages 1 6800 Air Handling Unit 7 pages 16860 Fans 6 pages 16880 Air Distribution 6 pages 16886 Air Filter 4 pages 16890 Ductwork 10 pages 16910 Ductwork Specialties 11 pages 16960 Terminal Units 4 pages 16960 Controls 16 pages 16990 Performance Verifications I 1 pages 16996 Pre Conditioned Air Systems 7 pages H. ELECTRICAL, SPECIFICATIONS PREPARED BY TILDEN LOBNITZ AND COOPER DATED 10/20/99 16010 Basic Electrical Requirements 20 pages 16020 Tests and Performance Verification 1 page 16030 Electrical Identification 6 pages 16110 Raceways and Conduit 13 pages 16120 Wires and Cables 4 pages 16130 Outlet Boxes 3 pages 16140 Wiring Devises 9 pages 16460 Grounding 2 pages � rlf• ; F . Attachment "1" Contract Documents Building "J" page 7 Division 16 continued 16460 Transformers 2 pages 16470 Panelboards 6 pages 16480 Motor Controls and Related Equipment 6 pages 16500 Lighting 4 pages 16709 Transient Voltage Surge Suppressors 11 pages 16720 Addressable Fire Alarm System 17 pages 16741 Structured Cabling System 14 pages I. ADDENDUM NTLITNIBER 1 PREPARED BY THE V GROUP DATED 11/17/99 1. Written Portion 6 pages 2. SKA- 01 /A0.1 SKA -02 /A 1.01 4. SKA -03 /A 1.01 5. SKA- 04/A2.05 6. SK- A- 05/A3.01 7. S K.A -06/ A3.01 8. SKA- 07/A3.03 9. SKA- 08/A3.03 10. SKA- 09/A3.03 11. SK.A- 10 /A3.04 12. SK_A -11 /A8.01 13. SKA- 12!A8.01 14. SKA- 13/A8.01 15. SKA- 14/A8.01 16. S KA- 15/A8.01 17 SK-A-16/A8.01 18. SK-A-17/A8.01 19 SKA- 18/A8.02 20. SKA- 19/A8.03 21. SKA- 20/A8.03 22. S K.4 -21 /A8.03 23. SKA- 22/A8.04 24. SKA- 23/A8.04 25. SKA- 24/A8.04 26. SKA- 25/A8.04 - 27. SK.A- 28/A8.04 28. S KA- 28 /AD2.1 29. Si{- 29 /AD2.1 Attachment "I" Contract Documents Buildin, "J" Pase 8 30. SK- 30/A2.01 31. SK- 31/A2.01 32. SK- 32/A2.01 33. SK -3 3/A2.01 34. SK- 34/A2.01 3 SK-35/.A2.01 36. SK- 36/A2.01 37. SK-37/A2.01 3 8. SKA -3 8/A2.02 39. S KA -3 9/A2.02 40. SKA- 40/A2.02 41. SKA-4 1/A2.03 42 . S KA- 43/A2.03 44. SK--k-14/A2.06 SKA- 45/A2.06 46. SKA- 46/A2.06 47. SKA- 47/A2.06 48. SKA- 48/A4.01 49. SKA- 49/A4.01 50. SKA -5 0 /A4.01 ;1. SKA- 31/A4.01 52. SKA- 52/A6.01 -53. SK-A-53)/A6.01 54. SKA- 54/A6.01 �3. SKA- -53/A6.01 56. SK_A- 56/A6.02 57. SKA -5 7/A6.02 38. SKA- 38/A9.01 9. S KA -5 9/A9.01 60. SKA- 60/A9.01 61. SKE -01 /E.01 62. SKE- 02/E6.1 (TWO) 63. SKE- 03/E3.1 64. SKE- 04/E3.1 65. SKE- 05/E4? I LETTERS OF CLARIFICATION BY THE V GROUP 1. Specification section numberinc, 1 page 11/4/99 2. Ceiling tile, bearing pad, roof drain framing acoustical insulation and testing and balancing 1 page 11/29/99 �. 3 Spray fireproofing 1 page 11/29/99 4. Metal deck 1 page 11/30/99 Attachment 441 Contract Documents Building "J" Page 9 5. Spray fireproofing 1 page 12/11199 6. Pine edging, irrigation, bacMow preventions 1 page 12/2/99 7. Free wire fire alarm I page 12/2/99 S. Building A & J clarifications and assumptions 6 pages 12/7/99 9. Powder coat finish and Fire Door 1 page 12/10/99 10. Aluminum window code compliance 3 pages 2/3/00 ATTACHIMENT 2 ALLOWANCE ITEMS FOR THE ADDITION TO BUILDING J FEBRUARY 11, 2000 A. IrriLyation rework -, tie -ins and time clock - S 5,000.00 B. Soil Testing - S 5,000.00 C. 911 Line Concrete Encasement - S 2,500.00 D. Concrete Testincr - S 10,000.00 Pate 1 ATTACHINIENT 3 QUALIFICATIONS AND ASSUNIPTIONS FOR THE ADDITION TO BUILDING J FEBRUARY 11, 2000 I) THE GMP COST IS BASED SOLELY ON THE RELIANCE THAT ALL CHANGES FROM THE BID DOCUMENTS HAVE BEEN CLOUDED. ?) SUN SCREENS SHALL BE LOCALLY l�1ANLFACTLRED AN SHALL HAVE A POWDER COAT FINISH. 3) MIET AL PANELS AMID ASSOCIATED COPING SHALL BE STANDARD COLOR. 4) AT THE ANGLE SUPPORTING THE METAL DECD SUBCONTRACTOR MAY USE Ek�ANSION BOLTS N LIEU OF ANCHOR BOLTS. EXTERIOR WALL INSULATION SHALL BE '.ICTION FIT 6) ENGIIvTEERED STA-IPED SHOP DRAWINGS OF THE WINDOW :,+-D ENTRANCE SYSTEM ARE NOT INCLUDED. 7) THE CONTRACT IS BASED ON USING THE ALTERNATE CARPET SPECIFIED. 8) ACOUSTICAL CEILING TILE GRID SHALL BE 15/16 ". 9) SIGNAGE AT THE NEW BUILDING `J' ADDITION 'WILL NOT MLATCH THE EXISTING BUILDING SINCE SAME IS A "HODGE PODGE ". 10) THE BU DING MANAGEMENT SYSTEM SHALL BE BY JOHNSON CONTROLS. 11) THE FIRE .A.LAR'vl SYSTEMS IS PER JOHNSON CONTROLS AND IS FREE WEED IN THE CEILING. 12) ALL WORK ASSOCIATED WITH FPL THE DUCT BANK IS TO BE DONE ON T & M Ati-D MUST BE COMPLETED PRIOR TO THE START OF BUILDINTG `J'. 13) THIS BID IS PREMISED ON A ONE POINT CONNECTION TO THE MOCULAR FURNITURE. 1 —.) _ALL SYSTEMS WIRING AT THE BUILDING `J' SITE SHALL BE RELOCATED BY OTHERS PRIOR TO THE START OF BUILDING `J' CONSTRUCTION. Page 1 Attachmeut `4' C4 `I LO U------ ------- - - -- ialol r....1 I � � a� i g ri CL 0 C io : '11 I, m co N CN d CL �j- ------------------------------------------------------------------------------------------------------- - - - - -- o O O O O C O O o a c o ° o c o c ° O O O O C O O o a CD O -T N a to M _M _a CD a r- C N N v in o co ,n iD i� r\ ^ c: r- m m m C� t� o a o m i 0 o c 0 0 0 0 0 0 0 0 0 0 0 0 0 to a .- L N a a a o co �� Q a ` N N 7 Q r (D N co ` N N N N m N ^ N n C� m M Q ,n to CD (D (D CD CD f� a a n N O N u7 O ,D c O 'n U.) :(7 T O c N N N N N N N N C � v J cn p w O C LL FY - C u1 U p O Z LL -j N -j CO O Lt w w L p rzN p � z w LU m C L ' LL G � x z CD O O O Q '] � w LU ¢ w n J p Z O w Z C to - ' w O w r G m �- g w w Z C Q LLJ 1- C n ti ICi U)i r i i v�i i p� O Z C a ? ca IL O C I r N I M 17 i b (O n m I Cfl O I N ('� I ,C7 (O n I CD I Qf O I N (+f t r r �-• N N N N NN C7 y O cc �. W ...�-- a D O C o m© n` I 7 G Attachment `41 - I I(QD IC) I ILO ICI tp R s. Q• I NI v 0 c c INI ....... .......... .............. .. . . ... ...... ......... - -------------------------------------- ICn! N C�1 V � QIr-I ��!CI CO N .. ............................... -•----•--•-•-•-- ---------- O O C C O O C O O O O O O O C C O O O O O O O O O O O O O O O O O O O O OC O O COj N ? N r N m © c[7 r N N N N N N N N N N r r '- r r r r m � Cl O O O r O o c c o C 0 o c o 0 o C c Cl 0 0 0 0 0 0 o c o 0 0 0 0 0 0 � o o 8 o c o 0 0 0 Co r M N r N '^O r N r r O r r r G7 ' O IM N '= 7 -= 'O a '0 7 = = 'O -j 'O *0 'C -0 -C io = 10 N N N LO t(7 to 40 Ln tt; LO � to to LO O r 0 N N a C. 72 C m O CL � z z E o c cn C C :j :j N C N Q N Y N � N C CL n U- 0 � a G J O f m U N LL U- Z LL LL.0 Z ~ ~ N Z Z C 0 LL U r LL r LL U N N W U. LL O Z cq LL C (n U Z 4� � C� Z r < r N LL Z{ Z C14 CLLI N '' � L uj N - LU O Z W Q U i W 0 Q U y W Q a C17 m� C J lL H Cn U �... J Q m z U Cd '� 1--' d Q U ~ U J J f.., L F- �". �' Z Q o6 Z Q W ' _� ~ Q U �' a E- Q U F- C -' Q Z 0 CL O C C' 0 W 0 Z 0 C d Cn W 0 Z U Z F? n C Q U C c Q U o F ar. U- a vai rW- vii � G 7 I I �O 1 I h I I CQ T O I N t f f? I ♦ iq t0 h I o7 Jf �"'f O �l r •1' N �t M 4 � 7 Q N N I N N N N Cl) t7 t7 I !'f I l7 l'7 !7 P! j +•'7 N a C. 72 C m O CL � z z E o c cn C C :j :j N C N Q N Y N � N C CL n 0 � G J O f m U N Attachment `4' Attachment W E cif C I Lo CA .;.;q ARTICLE 2 CONTRACT TIME The total period of time beginning with the Construction Phase Commencement Date to the date of Substantial Completion of the work is 282 Calendar days ( "Contract Time "). 0WIv"ER COLLIER COUNTY, FLORIDA Bv: z�� (� � z Date: CONSTRUCTION MANAGER KRAFT CONSTRUCTION COMPANY INC. By: Its`: Chairman Date: February 11. 2000 Attest: P1111--4 S �ec. Pa (ze 1 EXHIBIT A PUBLIC PERFORMANCE BOND '48 Bond No. 11133450954 Contract No. KNOW ALL MEN BY THESE PRESENTS: That KRAFT CONSTRUCTION COMPANY, INC. 2606 South Horseshoe Dr., Naples,,FtIS Principal, and FIREMAN'S FUND INSURANCE COMPANY as Surety, located at 777 San Marin Drive, Novato, CA 94998 (Business Address) are held and firmly bound to COLLIER COUNTY, FL , as Oblige in the sum of FOUR MILLION ONE HUNDRED TWENTY SEVEN THOUSAND FOUR HUNDRED TWENTY TWO DOLLARS & NO /100 ($ 4 , L27,422.00 } for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 11th day of Februarv, 2000 gti with oblige for ADDITION TO BUILDING "J" in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of e Contract or to work cr to the specifications. - GC- CA -A-4 d This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance Bond regardless of the number of suits that may be fled by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 11th day of February, 2000 , i °,9,a, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its goveming body. Signed, sealed and delivered in the presence of: PRINCIPAL KR.'-',FT CONSTRUCTION COMPANY, INC. 'Nitnesses as 10 pnncipai - NAME: ITS: �i>,o�,�,rR•,0 -�c� STATE OF 3OUNTY OF 'k Za a v T foregoing instrument w acknowi„dged before m� this // da of / c o a c y �✓�%�U, Jy sC�C�7 X 4 � as a he corporation. He /she is personally known to me corporation, on behalf of OR has produced in oath. as identification and did (did not) take Ay Commission Expires: HOLLY M. FOX (Signature) C CC/VMISSION 0 CC633916 EXPIRES MAR 27. 2601 v FOFflo BCNDEDTHROUGH Name: LL, � e AilArm- q,.,•.,.,, -0 INS (Legibly Printed) 4FFIX OFFICIAL SEAL) Notary Public, State cf. Commission No.: GC- CA -A -5 ATTEST: Witnesses as to Surety SURETY: FIREMAN'S FUND INSURANCE COMPANY (Printed Name) 777 San Marin Drive Novato, CA 94998 (Business Address) (Authorized Signature) (Printed Name) OR Betty '_1, Witness As Attorney in Fact 6 Florida Resident Agent v (Attach Power of Attorney) Tom S. Lobrano , III Witnesses (Printed Name) Debbie Jones, Witness 2110 Herschel Street Jacksonville, FL 32204 (Business Address} (904) 388 -5002 (Telephone Number) STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this 11th day of February, 2000 , 19W by Tom S. Lobrano, III as Attornev -in -Fact Or FIREMAN'S FUND INSURANCE COMPANY Surety, on behalf of Surety. He /She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. My Ccmmission Expires (AFFIX OFFICIAL SEAL) 1 -24 -2001 (Signature) Name -�, mes C. Concelio (Legibly Printed) ImEs G. ComayQ Notahr Pnbft State at Bride My Camm, expires Jail. 24, 2001 Comm Nn. I`f` SnQann Notary Public, State of'. Florida Commission No.: cc SgsQnn L4- " GC- CA -A -6 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPA,IW AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY a California corporation; NATIONAL SURETY CORPORATION. an Illinois corporation. THE AMERICAN INSURANCE COMPANY, a New jersey corporation «domesticated in Nebraska. ASSOCIATED INDE:yIN1TY CORPORATION, a California corporation. and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called -tine Companies ") does each hereby appoint Toss S. Lobrano III, A. B. Lynch Jr., James C. Congelio, and Bradford W. Bush of Jacksonville, FL their true and !awful Attornev(s) -in -Fact, with full power of authority hereby conterred in their name, place and stead, to execute. seal, acknowledge and deliver any and all bonds. undenaKines. reco_snirances or other written obligations in the nature thereof - -- -- — _ — — and to hind the Companies thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises. This power of anomey is granted under and by the authority of Article VII of the By -laws of FIREMAN'S FUND INSURANCE COMPANY. NATIONAL SURETY CORPORATION. THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full forceand effect. This 'power of attorney is signed and scaled under the authority of the following Resolution adooted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY. ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent. on the 19th day of March, 1995, and said Resolution has not been amended or repealed: - R_°SQLVED, that the signature of any Vice - President Assistant Secretary and R sident Assistant Secretary of the Companies and the seal of affixed Companies may be axed or printed on any power of attorney, on any revocation of any power of anomey, or on any certificate relating thereto, facsimil', and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall valid and binding upon the Companies" IN WITNESS WHEREOF, the Companies have caused these r-sents to be this 03 day of December 1Q Or"�p1 xrrr�rr C.�` t�p4'�..+.. ,tr' ,.�Eaar•.. ��yr�r c seorxaro _ 1 =_` (� signed 'cy their Vice - President and their corporate seals to be h %ounro affixed FIREMAN'S FUND INSURA ( E COMPANY NATIONAL SURETY RPORATION o'pBl� u�at,; AMERICAN INS L COMPANY _` — • — ` ��__ SOCIATED INDENNIN ORPORATION �i s E A L18 _ AMF_RI AUTOMOBILE INSU CE COMPANY curs *,"'e, By 1,L. STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 03 day of December 1 99$ , before me personally carte Harold N. Marsh to me known, who, being by me duly sworn, did depose and say: that he is a Vicc- President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company s•_ais; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official :: '! e :.^y and year herein first above written. L CCAMFO _ Commissicn4i 1163726 Ir z< e1. Notary Pudic - California �. s w. - z' Mein Courty auwy Public My Comm. r"xDir°5 Nn ^a , TE STATE OF CALZFOR.'•fIA ss. COUNTY OF MARIN t ..... _ L the undersigned, ResidentAssistant Secretary of each company. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORIJEY rc{oarns nn tuff forct� and has not been revoked; and furthermore that Article VII of the By -laws or tacit company, and the Resolution of the Board of Directors; set forth in the' Power . are now in force. n4 i 7. Signed and sealed at the County of Marin. Dated the day of 11th ^bruarY 2000 J� �CO,Q . "\;Derr"."' rv`.` 4�rr' ^H•s �G� �,��. ". °„R��y� .o ^�ogttF sr�y.s ''rt G= ' o C� 'r•. IIr i s G-� r • r f s 51 SEAL . SEpr._q,V S , e1 era•. r� <, CC..// F. t :l l: AIN ENDMENT NO.3 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Sections 4B and 7A of the Agreement dated January 12. 1999 between Collier County, Florida, a body politic, Collier County, Florida ( "Owner ") and Kraft Construction CopManv. Inc. ( "Construction Manager ") for management and construction Immokalee Jail Center ( "Project "), the Owner and Construction Manager establish a Guaranteed T ximum Price and Contract Time for the Work as set forth below: ARTICLE 1 GUARANTEED MAXIMUM PRICE Construction 'T'vIana.gei s Guaranteed Maximum Price for the work, including the estimated Cost of the work as defined in Section 5 and the Construction Manager's Fee as defined in Section 4, is Seven Million Four Hundred Twenty Seven Thousand Six Hundred Sixtv Four Dollars ($7.427.664.). This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Attachments 1 through 6 as follows: Attachment Description Pages Dated --N-umber 1. Contract Documents 2. Allowance Items 3. Assumptions and clarifications made in preparing the Guaranteed Maximum Price 4. Completion Schedule 5. Alternate Prices 6. Unit Prices 1 through _6 October 16,2001 None None None None None IT ARTICLE 2 CONTRACT TIME The total period of time beginning with the Construction Phase Commencement Date to the date of Substantial Completion of the work is 365 Calendar days (Contract Time "). CONSTRUCTION MANAGER COLLIER COUNTY, FLORIDA KRAFT CONSTRUCTION COIMPANY, INC. BY : By: (� �- Its: Chairman/COO Date: Date: October 18. 2001 - I , j el�l- --) A e ktt e st: 0 Approved as to form and leLml sufficiency 1 Tom Palmer Assistant County Attomey 1 .4::1: r AIN ENDMENT NO.3 TO AG + + MEN T BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Sections 4B and 7A of the Agreement dated January 12. 1999 between Collier County, Florida, a body politic, Collier County, Florida ( "Owner ") and Kraft Construction Companv. Inc. ( "Construction Manager ") for management and construction Immokalee Jail Center ( "Project "), the Owner and Construction Manager establish a Guaranteed Ivlasimum Price and Contract Time for the Work as set forth below: ARTICLE 1 GUARANTEED iNLAX13]C I PRICE Construction Manager's Guaranteed Maximum Price for the work, including the estimated Cost of the work as defined in Section 5 and the Construction Manager's Fee as defined in Section 4, is Seven ✓Ellion Four Hundred Twenty Seven Thousand Six Hundred Sixty Four Dollars ($7.427.664.). This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Attachments I through 6 as follows: Attachment Description Number Pages Dated 1. 2. 4. 5. 6. Contract Documents Allowance Items Assumptions and clarifications made in preparing the Guaranteed iMaximum Price Completion Schedule Alternate Prices Unit Prices 1 through 6 October 16,3001 None None None None None ARTICLE 2 CONTRACT TIME The total period of time beginning with the Construction Phase Commencement Date to the date of Substantial Completion of the work is 365 Calendar days (Contract Time "). COLLIER COL1iTY, FLORIDA Bv: Date: / Tjjj jam/ CONSTRUCTION MANAGER KRAFT CONSTRUCTION CO1V1P.,AN Y', INC. Its: Chairman/COO Date: October IS- 2001 Arte �i �C�t -' • (�n.�.�� -�1 G�"� �� e5 , a ��oC/1 Approved as to form and legal sufficiency f� 1J Tom Palmer Assistant County Attorney Attachment "1" Contract Documents for the Immokalee Jail Center October 16, 2001 I. Drawings Prepared by AEC National and Dated November 15, 2000. A. General AO.I Code Information, Symbols, Legends and Abbreviations B. Civil/ Landscaping C2.01 blaster Phasing Plan C2.02 Existing Conditons and Demoliton Plan C2.03 Master Development Plan C2.04 Master Drainage Plan C2.05 Master Utility Plan C2.06 Erosion Control Details C2.07 Drainage Details C2.08 Water Details C2.09 Sewer Details C2.10 Fence Details C3.01 Site Landscaping Plan C. Architectural AD2.01 Demolition Floor Plan A1.01 Life Safety Plan A1.02 Overall Floor Plan A1.03 Overall Mechanical Penthouse A1.04 S jgnage Plan A1.05 Overall Roof Plan A1.06 Generator Building A2.01 First Floor Plan - Area A A2.02 First Floor Plan - Area B A2.03 Mechanical Penthouse - Area B Finish/Wall Types A2.04 Finish/Wall Types - Area A A2.05 Finish/Wall Types - Area B A2.06 Door Schedule A2.07 Door Schedule A2.08 Window Schedule C. Architei A3.01 A3.02 A3.03 .3.04 A3.05 A3.06 A3.07 :43.08 .A.3.09 A3.10 A3.11 A3.12 A3.13 .43.14 -turai - cont'd Building Elevations Building Elevations Building Sections Building Sections Building Sections Wall Sections Wall Sections Wall Sections Wall Sections Wall Sections Wall Sections Wall Sections Wall Sections Wall Sections A4.01 Enlarged Plans/Elevations A4.02 Enlarged Plans/Elevations A15. 01 Millwork. Enlarged P laps/ E 1 °- -ations A5.02 Millwork, Enlarged Plans/E . vations A5.03 Woven Wire Fabric - Elevations and Details A6.01 First Floor - Area A A9.02 Reflected Ceiling Plan A6.02 First Floor - Area B A9.04 Reflected Ceiling Plan A6.03 Nlechanical Penthouse - Area B A9.06 Reflected Ceiling Plan A6.04 Ceiling Details A7.01 Stair/Ramp Plans, Sections, Details A8.01 Exterior Details A8.02 Exterior and Canopy Details A8.03 Glass Block Framing Details A9.01 Interior-Wall Types A9.02 Standard H.M. Frames A9.03 Security Frame Details A9.04 Secure H.M. Frame Details A9.05 Security Frame Details A9.06 Steel Security Frame Details A9.07 Security Furnishings A9.08 Miscellaneous Interior Details A9.09 Millwork Details & Elevations 2 10_l; . Cad . U. Structural Drawings Prepared by TKW Consulting Engineers, Inc. and Dated November 15, 2000. S 1.0 General Notes & Schedules S2.1 Foundation Plan - Area A 52.2 Foundation Plan - Area B S2.3 Mezzanine Framing - Area A 52.4 Mezzanine Framing - Area B S2.5 Roof Framing - Area A S2.6 Roof Framing - Area B S2.7 Foundation & Roof Framing Plan - Generator Building 55.1 Typical Details & Sections S5.2 Typical Details & Sections III. Mechanical and Electrical Drawings Prepared by Tilden, Lobnitz, Cooper and Dated November 15, 2000. A. Mechanical Plumbing Legend, Notes & Schedules MO.1 Mechanical Symbols, Legends & Notes I ?.1 Partial HVAC Floor Plan ,12? Partial HVAC Floor Plan X12.3 Mezzanine Partial Plans and Sections - HVAC X13.1 Details - HVAC X13.2 Details - HVAC M4.1 Controls Diagram - HVAC M4.2 Controls Diagram - HVAC I .1 Equipment Schedules - HVAC M5.2 Equipment Schedules - HVAC P0. i Plumbing Legend, Notes & Schedules P2.1 Overall Plumbing Floor Plan P2.2 Me7manine Plumbing Plan P2.3 Roof Plumbing Plan P3.1 Partial Plumbing Floor Plan P I Partial Plumbing Floor Plan P3.3 Partial Plumbing Floor Plan P3.4 Partial Plumbing Floor Plan P3.5 Partial Plumbing Floor Plan P3.6 Partial Plumbing Floor Plan P4.1 Plumbing Details P4.2 Plumbing Details P5.1 Plumbing Riser Diagrams P5? Plumbing Riser Diagrams P5.3 Plumbing Riser Diagrams i=� �- A. Mechanical F0.1 Fire Protection Symbols, Notes, Legend and Details F2.1 Partial Fire Protection Floor Plan F22) Mezzanine Floor Plan - Fire Protection F3.1 Me =nine, Sections - Fire Protection Plan B. Electrical Electrical Connection Plan E0.1 Electrical Symbols, Legends & Notes E1.1 Electrical Site Plan E 1.2 Enlaraed Partial Electrical Site Plan E2.1 Partial Electrical Floor Plan -.Lighting E2.2 Partial Electrical Floor Plan - Lighting E3.1 Partial Electrical Floor Plan - Power E3? Partial Electrical Floor Plan - Power E3.3 Enlarged Kitchen Floor Plan - Power E4.1 Partial Electrical Floor Plan - Systems E4.2 Partial Electrical Floor Plan - Systems E5.1 Power Riser Diagrams E6.1 Panelboard Schedules E6.2 Panelboard Schedules E7.1 Lightning Protection Plan E8.1 Miscellaneous Electrical Details E8? Miscellaneous Electrical Details E8.3 itiiiscellaneous Electrical Details IV. Security Drawings Prepared by AEC National and Dated November 15, 2000. SEC -1 Security Plan SEC -2 Security Riser Diagrams SEC -3 Schedules V. Specification Books Prepared by AEC National and Dated November 15, 2000. Volume 1 of 2 Bidding Requirements Division O through 14 Volume 2 of 2 Bidding Requirements Division 15 through 17 VI. Addendum #1 Kitchen and Laundry Equipment Connection Drawings Dated October 20, 2000 and Prepared by The Breeden Group, Inc. A. Drawings FS.00 Title Sheet FS.01 Equipment Identification Plan FS.02 Equipment Schedule FS.03 Special Conditions Plan FS.04 Electrical Connection Plan FS.05 Electrical Schedule 4 -e~ L A. Drawings - cont'd FS.06 Plumbing Connection Plan FS.07 Plumbing Schedule FS.08 Exhaust Plan FS.09 Exhaust Schedule FS-10 Hood Shop Drawing FS. 11 Hood Shop Drawing FS. 12 Walk -In Shop Drawing FS.13 Not Issued FS. 14 General Details FS. 1 5 General Details FS. 16 General Details FS.17 General Details FS.18 General Details FS-19 General Details FS.20 General Details B. Specifications Volume 1 of 1 Dated November 6, 2000 VII. Addendum #2 Dated January 25, 2001 and Prepared by Tilden, Lobnitz Cooper. A. Mechanical VL.1 Partial HVAC Floor Plan L 3 Mezzanine Partial Plans and Sections X13.2 Details - HVAC :�i4? Control Diagram - HVAC M5.1 Equipment Schedules - HVAC M5.2 Equipment Schedules - HVAC P3.1 Partial Plumbing Floor Plan P5.1 Plumbing Riser Diam-ams B. Electrical E2.1 Partial Electrical Floor Plan - Lighting E2.2 Partial Electrical Floor Plan - Lighting E3.1 Partial Electrical Floor Plan - Power E3.2 Partial Electrical Floor Plan - Power E3.3 Enlarged Kitchen Floor Plan- Power E4.1 Partial Electrical Floor Plan - Systems E4.2 Partial Electrical Floor Plan - Systems ^`y_(O. 5 VIII Clarifications Issued by AEL Numbered and Dated the Following: UCAttacbmentl .doc Fax Message No. 4 Fax Message No. 7 Fax Message No. 9 Fax Message No. 14 Fax Message No. 15 Fax Message No. 16 Fax Message No. 17 Fax Message No. 18 Fax Message No. 19 Dated 12/11 /00 Dated 12/11/00 Dated 12/12/00 Dated 12/14/00 Dated 12/15/00 Dated 12/14/00 Dated 12/14/00 Dated 12/14/00 Dated 12/14/00 Fax Message No. 20 Dated 12/15/00 Fax Message No. 25 Dated 12/15/00 Fax Message No. 26 Dated 12/15/00 Fax Message No. 27 Rev. Dated 12/15/00 Fax Message No. 28 Dated 12/18/00 Fax Message No. 29 Dated 12/19/00 M COT'T' R COUNTY GOVELMENT DEP_�RTti1E�TT OF FACILITIES M�iAGE��NT :301 E. T.�tiIIrkMi TRAII. DIVISION OF SUPPORT SERVICES NAPLES, FL 34112 October 24, 2001 (941) 774 -8380 FAX (941) 793 -3795 A CE1tTLFMD BLUE CHIP COMMUN=- Robert L Carsello, Chairman, COO Kraft Construction Company, Inc. 2606 South Horseshoe Drive Naples, Fl 34104 RE: Construction of the Immokalee Jail Center Dear tip. Carsello: T'ais lener will serve as a "Notice to PrCCeed" with consuucrion under your Construction "ylanaaement at Risk agreement, RFP—" 98 -2S9S. Please find Construction -kueement enclosed. Your Purchase Order will „orne under separate cover. The Project start date for the Construction Phase will be upon receipt of all permits and the substantial completion date will be 365 Calendar days from the project start date. I will be the owner's Project Coordinator. -A.s always, I am loolzng forward to working with you and your staff on this project. Sincerely, :/-,hack Crognale, Construction Manager 'Department of Facilities Nfana2ement C: Skip Camp, Director, Facilities Management Steve Carnell, Director, Purchasing Louis Couch, AEC National Greg Smith, Sheriff's Office Gary Young, Sheriff s Office , 62 L CHANGE ORDER AIA DOCUMENT G701 RECEIVED DISTRIBUTION TO: SEP 1 2 2003 Archer: Architect: AEC National F nttractor- Other. PROJECT: Immokalee Jail Center C -10 -00130 302 Stockade Road Immokalee, FL 34145 TO: Kraft Construction Co., Inc. 2606 South Horseshoe Drive Naples, Florida 34104 CHANGE ORDER NUMBER: Nineteen Rev. (I 9R) INITIATION DATE: September 11, 2003 ARCHITECTS PROJECT NO.: CONTRACT DATE: CONTRACT FOR: You are directed to make the following changes in this Contract: October 19, 2001 New Construction Increase Contract Amount to Included All Approved Pending Change Requests to Date Per the Attached Recap Sheet. (Copies of Each approved PCR Letter Attached.) Total Add: 567,559.95 SEf� i 5 Not -,and untii signed'oy both the Ovmer and Architect. S:gnature of the Contractor indicates his agreement here%vith, including am adiust-ner.ts ;n Contract Sum or Cnntrarr Time The Original Guaranteed Maximum Cost was: . ............................... $ .......................... ............................... Net Change by previously authorized Change Orders (: 1- 18) :.............................. .............. $ ........................... The Guaranteed Maximum Cost prior to this Change Order was: ................ ...... $ .............. ............................... The Guaranteed Maximum Cost will be increased by this Change Order: ..................................................... $ ....................... The new Guaranteed Maximum Cost including this Change Order will },P:..,.., S The Contract time will be increased by: (35) Days The Date of Substantial Completion as of the date of this Chance Order therefore is January 14, 2003 ARCHITECT: AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 MWEIM-1--m- .. MR.' = Date: �- /Z- n 3 0, 7. 5 8,1 6 :';�qz 5,Z�5,72� '&T r CONTRACTOR: OWNER: -� Kraft Construction Company, Inc. Collier County Government 2606 S. Horseshoe Drive 3301 E. Tamiami Trail, Bldg. W Naples Florida 10/4/ Naples FL 34112 B y:- bert G. Schubring, VP Constru ion Date: September 1 I. 2003 e AlA DOCUMENT G701 - CHANGE ORDER TIM AMERICAN INSTITUTE OF ARCHITECTS, 1'15 NEW YORK AVE- N-W. WASHINGTON, D.0 G'01 -1978 EXH1Bn KRI;FT CONSTRUCTION COMPANY. INC. Immokalee Jail Center C -10 -00130 Owner Change Order No. 19R Recap Sheet 130 -08 Delete Fire Pump Allow. Change to Owner Contingency (S 150,000.00) 130 -05 Structural Steel Inspection Services for Owner 1,440.00 130 -34 Main Entry Panic Devices, ASI #01,02 & 04 3,437.00 130 -40 Inspection Fees & Welding Inspections 2,212.50 130 -41 Slider Functionality Change 4,905.00 130 -47 Relocate Handicap Cells 596.00 130 -51 Added Security Bars, ASI #O5 1,637.00 130 -52 Add Transom, Revise Doors and Column 1,030.00 130 -54 Revise Property Storage Racks Per CCSO 21971.00 130 -61 Add Vertical Mullions in HM Frames, RFI #152 5,735.00 130 -63 Added Roof Drains, RFI 4111 2,059.00 130 -64 Added Masonry and Electrical at Booking, PR #13 2,811.00 130 -65 Add Sloped Roof Deck in Dorms Per CCSO 3,149.00 130 -68 Provide Temporary Cooler /Freezer Truck for CCFM 6,892.50 130 -70 Wiring to VAV Not Shown, RFI _151 1,388.00 130 -71 Add Lights @ Monument Sign 1,337.00 130 -72 Credit for Kitchen Equipment Changes (2,973.00) 130 -73 Propane Tank Installation for CCFM 5,742.26 130-76 Concrete Fill Added Mullions, RFI #152 905.00 130 -78 Design Work for Pre - Action System 19,258.00 130 -79 Rental Furniture for Dedication Prograrn for CCFM 872.00 130 -SO Provide Tank Boxes for Prisoners, RFI -130 11,450.12 130 -S1 Diesel Fuel Pumps, etc. for Owner Furnished Generator 26,164.00 130 -S3 Additions to Fire Alarm System 7,311.00 130 -84 Add Secondary Monitoring System Per Owner 4,418.00 130 -85 Added Support for Folding Partition 3,508.00 130 -S6 Credit to Delete Break -Away Clothes Hooks (1,164.00) 130 -87 Functionality Change For 22 Doors 5,707.57 130 -88 Add Protective Cages on Horn Strobes & Thermostats 2,412.00 130 -89 Change to Security Caulk at All Plumbing Fixtures 1,108.00 130 -90 Add Fingerprinting Shelf for CCSO 484.00 130 -91 Add Griddle in Kitchen for CCSO 4,773.00 130 -92 Remove Stone Rip Rap and Replace with Bagged Per CCSO 1,050.00 130 -93 Added Height and Razor Wire on Fence at Berms 2,700.00 1 130 -94 Resolve Shower Overspray, RFI #181, Plumbing Portion 5,669.00 j; ; ? 130 -94A Add Shower Curbs, RFI _1S1 1,800.00:4; 130 -95 Sprinkler Head Revisions Per Fire Marshall 10,950.00 : ='?� 130 -95A Revise Control Room Fire Sprinklers Per Fire Marshall 2 73Sprinklers =� 130 -97 Add Security Sealant at All Floor Saw Cuts 4,140.00 . %7' 130 -98 Change Specified Closer for Door 1022C 458.00 - .. ,. _� .r.�.s•F_ �. 130 -99 Add Security Caulk at All Electric Devices 3,000.00 E 260 S. Horseshoe Drive - Naples. Florida 34104 • (941) 643 -6000 • Fax (941) 643 -0090 f 1058 N. Tarniami Trail • Sarasota, Florida 34236 • (941 1 330 -8990 • Fax (941) 330 -8994 Change Order No. 19 Recap Sheet Pave 2 of 2 130 -102 Add Dialer for Outside Monitoring of Fire Alarm 2,991.00 130 -108 Add Ventilation Thru Roof for HW Tanks, Added AC 6,945.00 - 130 -109 Provide Refrigerator & Microwave at Break Room Per CCSO 1,736.00 130 -110 Add Window Film at Control Rooms Per CCSO 1,620.00 1' )0-112 Re -Wire Existing Cooler/Freezer to Three -Phase Power 1,884.00 130 -113 Revise Dormitory Lighting Per CCSO 8,787.00 130 -116 Add Power to Irrigation Time Clock 703.00 130 -118 Change J -Box to Quad Receptacles Per CCSO 178.00 130 -119 Add Manual Switching of Dormitory Night Lights Per CCSO 304.00 130 -122 Add Wiring of Modular Furniture 739.00 130 -123 Add Wiring to Added Hot Water Tank, PR #07 942.00 130 -124 Change HW Circulating Pump to Three -Phase 651.00 130 -125 120 Volt to Fire Suppression Panel, RFI #122 711.00 130 -128 Relocate Kitchen Disconnect Per CCSO 242.00 130 -129 Add Switch to Vestibule Lighting Per CCSO 677.00 130 -130 Add Wire Mold and Power to Dorm Speaker Phones Per CCSO 623.00 130 -131 Add Three Wav Switch at Property Room Per CCSO 875.00 130 -132 Revise Maint. Room Fixture Mounting Height After Installed 2,881.00 130 -133 Install Antenna for CCSO 809.00 130 -135 Install VCR, Cables & Splitters for CCSO 74=1.00 130 -138 Adjust Limit Switches to Synchronize 734.00 1-3-0 -142 Add UPS Circuits for Video Visitation for CCSO 1,928.00 130 -144 Install (S) Type F Fixtures in Dry Storage 4,706.00 130 -145 Starters for Kitchen Supply / Exhaust Fans 6,014.00 130 -149 Add Gate Power to Emergency Three -Phase 1,993.00 130 -153 Miscellaneous Minor Changes for CCFM, CCSO 1,151.00 130 -154 Add Gate for Lawn Mower Access for CCSO 1,032.00 130 -155 Replace Shower Head Vandalized By Inmate 884.00 Total :add Change Order No. 19R: S67,559.95 s- r r t: , KRFIFT CONSTRUCTION COMPANY. INC. FROM: BOB SCHUBRING PHONE: 941 - 643 -6000 FAX: TO: b CO: Facilities Management RE: Immokalee Jail C10 -0013P DATE: September j-8; 2001 941 - 435 -3827 /9 Find attached a Print Out of the GMP for Immokalee Jail. The $7,427,664 GM LP-includes an Owner Contingency Item of $150,000 which was previously, the amount we had in the Budget for the Fire Water Tower and Fire Pump which we are now told is not required. If you require any further information please feel free to call on me. •• �'/" "JI tee'/ •;. (.'V �� R A V (l x INC. C1JNSTPUan0N�'COMPANY.' , 2606 South Horseshoe Drive Naples, Florida 34104 TO: TKW Consulting Engineers, Inc. 12553 New Brittany Blvd, Bldg. 32 Ft. Myers FL 33907 GENTLEMEN: Immokalee Jail Center Name of Job Job Number C -10 -00130 CC: 01 -830 Addendum No. One (1) Date February 4, 2002 Adjusted Contract Amount Prior to this addendum 12,000.1 Amount this addendum 1,440.1 New contract amount 13,440.1 Owner Chanee Order No. N/A Owner Contingency In connection with your contract dated November 26, 2001 for the work to be performed at 302 Stockade Road, Immokalee FL 34145 it has been determined that in view of the requirement for changes in the work, it is necessary to modify the above referenced contract in certain particulars as hereinafter set forth. The change, and work affected thereby, are subject to all contract s:.Pulations and covenants; and the rights of the Contractor are not prejudiced; and all claims t_ r- .._.- ........- .L:..L ',7 ,,....,1 CtLe .,� -em e.. .7 ..L.. -._e r-..3 Jgt1111J1 Ll1C l.. Vll Ll tJ l.\V\ „'1111.11 QlZ 1111.1U1..mal tV Vr as a colnsequerce V1 afore—mentioned charge are sat1sfic". DESCRIPTION OF CHANGE: 120 -05 - Provide Structural Inspection Services Per the .-attached Proposal Dated January 31, 2002. Total Add: S1,440.0i J�2 il/T ,ye/ 1" j' Ow,tJi�"2 Subject to conditions hereinafter set forth, the contract price is INCREASED in the amount of One Thousand Four Hundred Forty Dollars & 00 /100 Dollars S 1,440.00 , and the contract time will be UNCHANGED by N/A days. ACCEPTED: TKW CONSULTING ENGINEERS, INC. KRAFT CONSTRUCTION CWNIPANY, INC. By By Title Robert G. Schubring - V.P- ConstruSli9nTTU Ear, February 4, 2002 i FT CONSTRUCTION COMPANY, INC. August 19, 20(S':�" Ar1 . Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center C -10 -00130 Dear Marty: G e.� Via Fax 263 -9117 & US Mail The added costs to comply with ASI 44 (Void ASI #1 and #2) are computed as follows: Sewell Door Control & Glass (per attached) Ridley Owens of VA (per attached) 4,500.00 (1,063.00) 53,437.00 The credit from Ridley Owens is minimal due to return freight and re- stocking charges. We have directed these subs to proceed so as not to further delay and disrupt the construction schedule. We expect to be fully reimbursed from the contingency fund. Respectfully, KRAFT CONSTRUCTION CO. INC. Robert G. Schubring Vice President Construction RSi sa CC: 130 -34 Mike Nalbach, Kraft Construction (657 -2824) Rusty Elferdink, C.C. Facilities Mgmt. ! 1- - oz, - "4,47-- Z) A.� Approved By: Date AEC National G Z Xpproved By L Collier County Facilities Management IC T i b 2806 S. Horseshoe Drive • Naples. Florida 34104 • (941) 643 -6000 • Fax (941) 643 -0090 1 058 N. Tamiami Trail • Sarasota. Florida 34236 • (941 ] 330 -8990 • Fax (941) 330 -8994 April 21, 2003 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty: w 1W KRA� LINT CONSTRUCTION COMPANY. MC. • j ., r F Sent Via Fax 262-0715 & US Mail 1 C -10 -00130 Threshold Inspections are the Owner's responsibility. We were directed by Jack Crognale to put TKW under contract to the inspections and CCFM would reimburse us. The original estimate was approved as 130 -05 S1,440.00. This estimate was of course estimated for minimal inspections. The actual costs are computed as follows: TKW — Original Estimate TKW — July 3, 2002 TKW — August 7, 2002 TKW — September 4, 2002 TKW — August 14, 2002 TKW — November 7, 2002 Respectfully, KRAFT CONSTRUCTION CO., INC. obert G. Schubring Vice President Construction RS /sa CC: 130-40 Rusty Elferdink, C.C. Facilities Mgmt. 1,440.00 (1,440.00) 1,477.50 305.00 202.50 227.50 $2,212.50 "a.A.,-_ 10 M,.,L y -2s o3 Approved By: Date AEC National p roved Bye,- ate ollier County Facilities Management E 2606 S. Horseshoe Drive • Naples, Florida 34104 • (941) 643 -6000 • Fax (941) 643-0090 1 C58 N. Tamiami Trail • Sarasota, Florida 34236 (941) 330 -8990 • Fax (941) 33C -8994 IT -� .. �KRFIFT CONSTRUCTION COMPANY, INC. S"tefnber- 2 2 REVISED November 20, 2002 I 111r. Marty Miller AEC National 5150 Tamiami Trail N., Suite Naples FL 34103 RE: Immokalee Jail Center Dear Marty: C -10 -00130 � -a, Via Fax 263 -9117 & US Mail Please see letter from Ridley -Owens of VA attached. When the security hollow metal was finally released for fabrication, it did not include the sliders which had their functionality changed by AEC during the submittal process. The sliders were delayed another eight weeks and therefore had to be post installed instead of ' e ng installed with the masonry in the normal construction sequence. The added cost for the post installation is computed as follows: c izi e-M (per attaiehed) , Sunshine Masonry, Inc. (per attached) $4,905.00 Both the Owner and Ridley Owens delayed the release of sliders and caused the delay that made the post installation necessary. Therefore the added cost has been split. We have completed this additional work and expect to be reimbursed from Owner Contingency. Respectfully, KRAFT CONSTRUCTION CO., i C. Robert G. Schubring Vice President Construction RS /sa CC. 130 -41 Revised Mike Nalbach, Kraft Construction (657 -2824) Rusty Elferdink, C.C. Facilities Memt. A-4 4-- - A L z - 6 - 0Z Approved By: Date AEC National roved By: 10' ' Date ier County Facilities Manageryl, �.a.�"_9 N 2606 S. Horseshoe Drive • Naples, Florida 34104 • (941) 643 -6000 • Fax (941) 643 -0090 1058 N. Tamiami Trail • Sarasota, Florida 34236 (941) 330 -8990 • Fax (941) 330 -8994 KRRFT CONSTRUCTION COMPANY, INC. November 20, 2002 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Many W,00 Sent Via Fax 263 -9117 & US Mail Ov " bL .. r �7' Ian 8 A. C -10 -00130 The added costs to relocate the H/C cells per your 8/8/02 memo are computed as follows: Sunshine Masonry (per attached) 596.00 We have comnleted this added work and expect to be full- eimbursed by Chance Order RespectTully, KRAFT CONSTRUCTION CO., INC. A d A&-?t- D ti! ' i )- O T Approved By: Date AEC National gooen G. Schubring Vice President Construction RS /sa CC: 1-330-47 'Mike Nalbach, Kraft Construction Rusty E1fPrdink, C.C. Facilities Mgmt. 710 -2— roved By: /Date e. Countv Facilities Manaacment T d ® 2606 S. Horseshoe Drive • Naples. Florida 34104 • (941) 643 -6000 • Fax (9-3 1, ) 643 -0090 105,9 N. Tamiami Trail • Sarasota. Florida 34236 (941) 330 -3990 • Fax (941 1 33C -8984 FT CONSTRUCTION COMPANY, INC. �VISED p f embef 21, 2002 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center C -10 -00130 Dear Marty: o• e. Sent Via Fax 263 -9117 & US Mail The added cost to comply with ASI T05 dated 8/20/02, added security bars, is computed as follows. Note that the method changed and was done on a Time and Material basis per agreement between Jason Rentsch of B & I Contractors and Marty Miller. B & I Contractors, Inc. (T & M per attached) S1,637.00 We await your immediate response. Respectfully, KRAFT CONSTRUCTION CO., NC. w Robert G. Schubring Vice President Construction RS/sa CC: 130 -51 Revised Nlike Nalbach, Kraft Construction Rusty Elferdink, C.C. Facilities Mgmt. h M;Ln - 2&-0-4 - Approved By: Date AEC National oved By: Date C lien County Facilities Management 9 -, -� 10058 N. Tame moTraail Drive - Sarasota, Florida 342 104 6 •,(541 )) 330 -8990 • Fax (941) 330 8O October 9, 2002 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center C -10 -00130 Dear Marty. (�q) 4ccj�& Sent Via Fax 263 -9117 & US Mail The added costs / credits to comply with Proposal Request #12 are computed as follows: Sewell Door for Kawneer (per attached) 220.00 Sewell Door for Brake Metal (per attached) 1,023.00 Sunshine Masonry (per attached) (213.00) } $1.030.00 We are proceeding with this work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTR 'CTI N CO. INC. Robert G. Schubrins / Vice President Construction RS /sa CC: 130 -52 Mike Nalbach, Kraft Construction (657 -2824) Rusty Elferdink, C.C. Facilities Mgmt. Approved By: Date AEC National Fproved By: Date ollier County Facilities Management " fE•.' i Q 2606 S. Horseshoe Drive • Naples. Florida 341 04 • (941) 643 -6000 • Fax (941) 643 -0090 ❑ 1 C53 N. Tamiami Trail • Sarasota, Florida 34236 (941 1 330 -8990 • Fax (941) 330 -8994 of _N 1OCn ��ran. �4tj, C RE: Immokalee Jail Center C -10 -00130 Dear Marty. (�q) 4ccj�& Sent Via Fax 263 -9117 & US Mail The added costs / credits to comply with Proposal Request #12 are computed as follows: Sewell Door for Kawneer (per attached) 220.00 Sewell Door for Brake Metal (per attached) 1,023.00 Sunshine Masonry (per attached) (213.00) } $1.030.00 We are proceeding with this work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTR 'CTI N CO. INC. Robert G. Schubrins / Vice President Construction RS /sa CC: 130 -52 Mike Nalbach, Kraft Construction (657 -2824) Rusty Elferdink, C.C. Facilities Mgmt. Approved By: Date AEC National Fproved By: Date ollier County Facilities Management " fE•.' i Q 2606 S. Horseshoe Drive • Naples. Florida 341 04 • (941) 643 -6000 • Fax (941) 643 -0090 ❑ 1 C53 N. Tamiami Trail • Sarasota, Florida 34236 (941 1 330 -8990 • Fax (941) 330 -8994 November 11, 2002 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty: 010 V- Nod C -10 -00130 4 V N w. Via Fax 263 -9117 & US Mail The response to RFI 9142 required that we remove the installed specified hanging bars and install smaller diameter bars to fit the CCSO storage bags. The added costs are computed as follows: Addison Steel — material (per attached) Naples Iron Works — labor (per attached) 1,479.00 1,492.00 52,971.00 We are proceeding with this additional work and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO, INC. R ert G. Schubrina Vice President Construction RS /sa A14 .4*.))- P-ZO-02. Approved By: Date AEC National 2— proved proved By: ate Collier County Facilities Management CC: 130 -54 Mike Nalbach, Kraft Construction Rusty Elferdink, C.C. Facilities Nlgmt. (for Jack Crognale) W2606 S. Horseshoe Drive • Naples, Florida 34104 • (941) 643 -6000 • Fax (941) 643 -0090 J-8990 •Fax [941) 330 8884 1 053 N. Tamiami Trail • Sarasota, Florida 34236 (941) 330 E ) M CID September 27, 200 oc,';�3 • A� Sent Via Fax 263 -9117 & US Mail Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center C -10 -00130 Dear Marty: Per your response to RFI 152, we are proceeding with the addition of vertical mullions in frames over 60" wide since security glass does not come wider than 60 ". The added costs are computed as follows: /1tC�-lti Ridley Owens of VA (per attached) _S5,31-5 nn e 3 , (e r This does not include filling the mullion with concrete. If that is required, please advise y return fax to my attention and we will price. We are proceeding with this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO. INC. c Robert G. Schubring Vice President Construction RS /sa -b. _) Z Approved By: Date AEC National Z -ed By: Da e County Facilities Management CC: 130 -61 Mike Nalbach, Kraft Construction (657 - 2824) Rusty Elferdink, C.C. Facilities Mgmt. (793 -3795) r T-A•1 n�`:,_: E 2606 S. Horseshoe Drive • Naples, Florida 341 04 • (941) 643 -6000 • Fax (941) 643 -0090 105B N. Tamiami Trail • Sarasota, Florida 34236 (941) 330 -8990 • Fax (941) 330-8994 M N September 30, 2 (4 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center C -10 -00130 Dear Marty: WA 6M.. mw a 1� Sent Via Fax 263 -9117 & US Mail The response to RFI 4 11 1 required added roof drain and piping at Salley Port, Loading Dock. The added costs are computed as follows: Jensen Underground Utilities (per attached) S2,059.00 We are proceeding with this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. Robert G. Schubring Vice President Construction RS /sa CC: 130 -63 Mike Nalbach, Kraft Construction (657 -2824) Rusty Elferdink, C.C. Facilities Mgmt. (793 -3795) /o- -vZ Approved By: Date AEC National oved By: Date lier County Facilities Management 2606 S. Horseshoe Drive • Naples. Florida 34104 • (941164.3-6000 • Fax (9411643-0090 1053 N. Tamiami Trail • Sarasota, Florida 34236 (941) 330 -8990 • Fax (5411 330 -8954 C 2606 S. Horseshoe Drive • Naples. Florida 34104 • (941164.3-6000 • Fax (9411643-0090 1053 N. Tamiami Trail • Sarasota, Florida 34236 (941) 330 -8990 • Fax (5411 330 -8954 Oeteber- 29, 2002 Revised November 19, 2002 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 T;_ ^ Vent Via Fax 263-9117 & US Mail RE: Immokalee Jail Center C -10 -00130 Dear Marty: Proposal Request No. 13 added electrical and masonry work at the booking area. The added costs are computed as follows: Sunshine Masonry, Inc. (per attached) Collier Electric Company (per attached) 605.00 2,206.00 S2,811.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. P.espectfuIly, KRAFT CONSTRUCTION CO., INC. Ro eft G. Schubr>ns Vice President Construction RS /sa AAa.-tt A til 2-,G - Dz Approved By: Date AEC National L pproved By. Date ollier County Facilities Management CC: 130 -64 Revised Mike Nalbach, Kraft Construction (657 -282 ) Rusty Elferdink, C.C. Facilities Mgmt. (for Jack Crognale) 2606 S. Horseshoe Drive • Naples, Florida 34104 • (941) 643 -6000 • Fax (941) 643 -0090 1059 N. Tamiami Trail • Sarasota, Florida 34236 (941) 330 -8990 • Fax (94 1) 330-8994 October 14, Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty: C -10 -00130 Sent Via Fax 263 -9117 & US Mail The added costs to comply with Proposal Request =>:14 are computed as follows: Crowther Roofing (per attached) Spectrum Painting (per attached) We await your direction in this matter. Respectfully, KRAFT CONSTRUCTION CO., INC. Robert G. Schubring Vice President Construction RS /sa CC: 130 -65 Mike Nalbach, Kraft Construction (657 - 2824) Rusty Elferdink, C.C. Facilities Mgmt. 2,299.00 850.00 $ 3,149.00 h-MA. /O -/ -oz Approved By: Date AEC National proved By: ate ollier County Facilities Management ;. ff 2606 S. Horseshoe Drive • Naples. Florida 34104 • (941) 643 -6000 • Fax (941) 643 -0090 r 1053 N. Tamiami Trail • Sarasota, Florida 3423E • (9411 330-8990 • Fax (941) 330 -8994 February 25, 2003 Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center Dear Marty: KRRFT CONSTRUCTION COMPANY, INC. C -10 -00130 ( 0. &- ) Jack Cropale directed us to provide the temporary cooler / freezer trailer for the relocation of existing coolers to new building. He assured us we would be reimbursed by Change Order when this portion was complete. The added costs are computed as follows: PLM Trailer Leasing (3 Invoices, attached) Wright Express (3 Invoices — Diesel Fuel, attached) Horne Depot (Lumber for Stairs, attached) Matulays (Diesel Fuel Cans, attached) Respectfully, KRAFT CONSTRUCTION CO., INC. �Robert G. ng Vice President Construction RS /sa CC: 130 -68 4,422.88 1,927.52 319.82 222.2S S6,893.00 M a"'L— h A 3-141_0.3 Approved By: Date AEC National " 3 roved By: Da llier County Facilities Management 02606 S. Horseshoe Drive • Naples, Florida 34104 • (9411643-6000 • Fax (941) 643 -0090 1 058 N. Tamiami Trail • Sarasota. Florida 34236 • (941) 330 -8890 - Fax (941) 330 -8994 October 9, 2002 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear ivlarty: ©. e. KRRFT CONSTRUCTION COMPANY, INC. nr,Via Fax 263 -9117 & US Mail :o Y�h j �j •L . C -10 -00130 ; Your final response to RFI #1 5 1 was based on the following added costs from Collier Electric: Collier Electric Company (per attached) $1,388.00 We are proceeding as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. Robert G. Schubring Vice President Construction RS /sa CC: 130 -70 N11ke Nalbach, Kraft Construction (657 -2824) Rustv Elferdink, C.C. Facilities Mgmt. A,4,,.- -7-4- h - M. '-L 2- 11 -0 Approved By: Date AEC National pproved BY/, Date ollier County Facilities Management ZHi -14 T I lJ f 12606 5 Horseshoe Drive • Naples. Florida 34104 • (941) 643 -6000 • Fax (941) 643 -0090 105@ N. Tamiami Trail - Sarasota, Florida 34236 + (941) 330 -8990 Fax (9411330-8994 J z October 14, 2902.. - ; J 11� 'Sent Via Fax 263 -9117 & US Mail Mr. Marty Miller �C AEC National 5150 Tamiam i Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center C -10 -00130 Dear Marty: The added costs to comply with your response to RFI #155 are computed as follows: Collier Electric (per attached) S i, r'az ZCV,sad C?, We await your direction in this matter. $ 1 -5 � �• v � I Respectfully, KRAFT CONSTRUCTION CO., INC. Robert G.Schubring Vice President Construction RSisa CC: 130 -71 Mike Nalbach, Kraft Construction (657 - 2824) Rusty Elferdink, C.C. Facilities Mgmt. ""4-- J� A4'- 4 -o;-� Approved By: Date AEC National z %- 0 7-- !A proved By-,""' y: ate oliier County Facilities Management 0 2606 S. Horseshoe Drive • Naples, Florida 341 04 • (941) 643 -6000 • Fax (941) 643 -0090 1 056 N. Tamiami Trail • Sarasota. Fonda 34236 • (941) 330 -8990 • Fax (941) 330 -8994 .r K$kFIFT CONSTRUCTION COMPANY, INC. October 14, 2002 April 21, 2003 Revised Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty: C -10 -00130 Sent Via Fax 262 -0715 & US Mail Lt. McGowan has requested that we delete Item 21. The kitchen subcontractor also is crediting the can opener table that was scheduled to go with the can opener previously credited in PCR #130 -19. The equipment schedule inadvertently did not include the trench drain for the laundry. The total costs and credits are computed as follows: Beltram South — Credit Drying Rack (per attached) (1,560.00) Beltram South — Credit Can Opener Table (per attached) (1,413.00) Beltram South — Add Laundry Trench Drain (per attached) 946-OG From Buy Out (2,973.00) We are proceeding with this additional work as directed. Respectfully, KRAFT CONSTRUUCTION CO., INC. 4 Robert G. Schubring Vice President Construction RS /sa CC: 130 -72R Rusty Elferdink, C.C. Facilities Mgmt. ^4 Y- z.s' -03 Approved By: Date AEC National oved By: Date ier County Facilities Management n • '� 1, � \J\ J - • '* .- ....JAL �..- ._...�- 2606 S. Horseshoe Drive • Naples. Florida 34104 • (941164.3-6000 • Fax (S41) 643 -0090 [� 105B N. Tamiami Trail • Sarasota. Florida 34236 • (941) 330 -aH90 • Fax (941) 330 -8994 f C -10 -00130 Sent Via Fax 262 -0715 & US Mail Lt. McGowan has requested that we delete Item 21. The kitchen subcontractor also is crediting the can opener table that was scheduled to go with the can opener previously credited in PCR #130 -19. The equipment schedule inadvertently did not include the trench drain for the laundry. The total costs and credits are computed as follows: Beltram South — Credit Drying Rack (per attached) (1,560.00) Beltram South — Credit Can Opener Table (per attached) (1,413.00) Beltram South — Add Laundry Trench Drain (per attached) 946-OG From Buy Out (2,973.00) We are proceeding with this additional work as directed. Respectfully, KRAFT CONSTRUUCTION CO., INC. 4 Robert G. Schubring Vice President Construction RS /sa CC: 130 -72R Rusty Elferdink, C.C. Facilities Mgmt. ^4 Y- z.s' -03 Approved By: Date AEC National oved By: Date ier County Facilities Management n • '� 1, � \J\ J - • '* .- ....JAL �..- ._...�- 2606 S. Horseshoe Drive • Naples. Florida 34104 • (941164.3-6000 • Fax (S41) 643 -0090 [� 105B N. Tamiami Trail • Sarasota. Florida 34236 • (941) 330 -aH90 • Fax (941) 330 -8994 January 29, 2003 Mr. Marty Miller AEC National, Inc. 11005 1h Avenue S., Suite 201 Naples FL 34102 RE: Immokalee Jail Center Dear Marty: KRRFT CONSTRUCTION COMPANY, INC. C -10 -00130 Sent Via Fax 261 -6877 & US Mail i F L J i] 1 i KRAFT CONST ! Jack Crognale directed us to pay the costs of the propane tank installation for C.C.F.M. The added costs are computed as follows: Balgas (per attached) 2,738.54 Krehling — Flowable Fill (per attached) 710.94 Sunshine Super Flat (per attached) 1,400.00 Jack Queen Construction (2- Invices, per attached) 892.78 55,742.26 We have completed this portion of added work for the Owner and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. // Robert G. Schubri'ng , Vice President Construction RSisa CC: 130-71 Rusty Elferdink, C.C. Facilities "vIgmt. AA, i 3 Approved By: Date AEC National p ' ved By: ate Tier County Facilities Management 112605 S Horseshoe Orive • Naples, Florida 34104 • (2391 643 -6000 • Fax (239) 643 -0090 J 1 2"20 Metro Parkway, Suite 1 1 7 • Fort Myers. Florida 33912 • (239) 561-5131 • Fax (23°; 561-5129 10`.:3 N. 'amiami Trail - Sarasota. Florida 34226 • (941 1 330-8990 • Fax (9411 330 -8994 e r- 2 0 G :_1 Revised November 19, 2002 ©. ef 'o Sent Via Fax 263 -9117 & US Mail c L' Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty: C -10 -00130 The response to RFI 4152 required that we add mullions at Control Room hollow metal frames, etc. PCR 130 -61 did not include concrete filling of the mullions. The added costs to concrete fill as directed is computed as follows: Sunshine Masonry, Inc. (per attached) S905.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. y Robert G. Schubring Vice President Construction RS /sa // -? -pI. Approved By: Date AEC National Approved By: Date Collier County Facilities ivlanagement CC: 130 -76 Revised dike Nalbach, Kraft Construction (657 -2824) Rusty Elferdink, C.C. Facilities Mgmt. (for Jack Crognale) A to W2606 S- Horseshoe Drive • Naples, Florida 34104 • (941) 643 -6000 • Fax (S41) 643 -0090 7 1 056 N. Tamiami Trail • Sarasota, Florida 34236 • (941 ] 330 -6990 • Fax (941) 330 -6994 KRR F T CONSTRUCTION COMPANY, INC. November 8, 20€ 2, DEC Mr. Marty Miller 2002 AEC National$ 5150 Tamiami Trail N., Suite 600`'�,� Naples FL 34103 RE: Immokalee Jail Center C -10 -00130 Dear Marty: 'es Sent Via Fax 263 -9117 & US Mail Jack Crognale directed me to have Collier Electric do the redesign necessary to include the pre - action system not shown on TLC dwgs. since Collier Electric is now the Engineer of Record for the Fire Alarm. The added costs are computed as follows: Collier Electric Co. (per attached) $ 19,258.00 This will require redesign and revision of the Fire Alarm Permit Dwgs. and submittal for review and approval before we can get final fire alarm inspection. We are proceeding as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO. INC. Robert G. Schubring Vice President Construction RS /sa CC: 130 -78 Mike Nalbach, Kraft Construction Jack Crognale, C.C. Facilities Mgmt. Rusty Elferdink, C.C. Facilities Mgmt. Ad .7-4- b . "JL /?_-9_0z� Approved By: Date AEC National 'L ptproved By:' ollier County Facilities Management d 2__ 1:6`C� 2606 S. Horseshoe Drive • Naples, Florida 34104 • (941 J 643 -6000 • Fax (941) 643 -0090 1 058 N. Tamiami Trail • Sarasota, Florida 34236 (941) 330 -8990 - Fax (941) 330 -6994 February 7, 2003 Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center Dear Marty: KRRFT CONSTRUCTION COMPANY, INC. C -10 -00130 Sent Via US Mail Only The added costs to provide the tables & chairs for the Owner's 'dedication program are computed as follows: Kra l Construction for Taylor Rental Invoice (per attached) S872.00 The Owner directed us to provide this and assured us we would be reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. V Robert G. Schubring Vice President Construction RS /sa CC: 130 -79 .)- Qs._, Z- 1,3 - 0:1 Approved By Date AEC National roved By: ate ollier County Facilities Management li 02606 S. Horseshoe Drive • Naples. Flo-ida 34104 • (941) 643 -6000 • Fax (941 1 643 -0090 �.l-, C-- rc Saar • c .. ,aIt", ' — November 2-7; 20,02 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty: JnFT CONSTRUCTION COMPANY, INC. i -, DEC 2002 C -10 -00130 Sent Via Fax 263 -9117 & US Mail The response to RFI 1-130 required that we furnish 220 prisoner tank boxes. The specifications and approved shop drawings required only a shelf to accommodate the box. The drawings did not agree with the specs so no boxes Ak ere included in our estimate. The added costs are computed as follows Ridley Owens of VA (per attached) 511,4-50.12 This is quoted expecting CCSO to receive and distribute the boxes to the prisoners. This price includes sales tax. 'We await vour direction in this matter Respectfully, KRAFT CONSTRUCTION CO., C. Robert G. Schubring Vice President Construction RS /sa CC: 130 -80 Mike Nalbach, Kraft Construction Rustv Elferdink. C C. Facilities Mamt. /Lla.._ •� /Vl 12- - O t .approved By Date AEC National proved By. Date flier County Facilities Management N 2606 S. Horseshoe Drive • Naples. Florida 34 04 • (941) 643 -6000 • Fax (941) 643 -0090 7 105B N Tamiami Trail • Sarasota, Florida 4238 (94 1) 330 -8990 • Fax (941) 330 -899: February 18, 2003 Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center Dear Marty: KRRFT CONSTRUCTION COMPANY, INC. C -10 -00130 i Sent Via US Mail Only The work required to complete the diesel fuel pumps, tanks, etc. to connect to the Owner furnished Emergency Generator were not a part of this Contract. Jack Crognale directed us to add the work to the Contract. The added costs are computed as follows: Southern Tank (per attached) 21,940.00 Southern Tank — Add Overfill Vavle (per attached) 800.00 C 1;1 Y8. GG o°r E lectric (per at tac hc) Collier Electric Co. (per attached) 2,276.00 ,526,16=1.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. c Robert G. Schubring Vice President Construction RSisa CC: Rusty Elferdink, Collier County 130 -81 - 03 Approved By: Date AEC National / /l'/a.�T roved By: / " Date Hier County Facilities Management X2606 S. Horseshoe Orrve - Naples, Florida 34104 - (941) 643 -6000 - Fax (941) 6a3 -0090 ..Tarr ; - -- Trail t,Sar- 6-,ma. Florida 242,E (541 1 330 -8590 - ax (94 1) 330-395 -= November 11, 2002 Mr. Marty Miller AEC National 150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty: KRR F T CONSTRUCTION COMPANY. INC. Sent Via Fax 263 -9117 & US Mail ,N N t C- 10- 0013�c�`� Collier County Plan Review and the Immokalee Fire Marshall made several changes and additions to the Fire Alarm System. The added costs are computed as follows: Collier Electric Company (per attached) 57,311.00 We are proceeding with this additional work as directed and expect to be fully reimbursed by Chance Order. Respectfully, KRAFT CONSTRUCTION CO. INC. Robert G. Schubring Vice President Construction RS /sa .D til• ]1- Zo -oZ Approved Bv: Date .AEC National pproved By: Daite Collier County Facilities Management CC: 130 -83 Mike Nalbach, Kraft Construction Rusty EIferdink. C.C. Facilities Mgmt. (for Jack Crognale) ® 2606 S. Horseshoe Drive - Naples. Florida --4104 - (g41) 843 -6000 - Fax (541 ) F- 43 -OLi°O 1058 rV. Tamismi Trail - Sarasota. lorida 3423E 1 (941) 236: 6Sa0 - Fax (941 ) 330 -S S3 November 11, 2002 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty KRRFT CONSTRUCTION COMPANY. INC. I. C -10 -00130 CI • Sent Via Fax 263 -9117 & US Mail Jack Crognale requested Johnson Controls to add a secondary monitoring system. The added costs are computed as follows. Collier Electric Company (per attached) $4,418.00 We are proceeding with this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTI N CO. INC. - r Robert G. Schubring Vice President Construction RS /sa " 4'. 24,- 1 b "))- 11-ZO-07 Approved By: Date AFC National rI ?moo z proved By: Date Collier County Facilities Management CC: 130 -84 Mike Nalbach, Kraft Construction Rusty Elferdink, C.C. Facilities Mgmt. (for Jack Crognale) s. '2606 S. Horseshoe Drive • Naoies. Florida 34 1 04 • (941) 643 -6000 • Fax (94 1) E-43-0090 1058 N Tamiami Trail • Sarasota, Florida 342--,E (941) 330 -8590 Fax (941) 330 -B994 Jt, M 1 M November 11, 2002 sj Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 - Naples FL 34103 RE: Immokalee Jail Center C -10 -00130 Dear Marty: Sent Via Fax 263 -9117 & US Mail The drawinEzs did not show the structural steel framing required to carry the folding door stack. The drawines showed on the beam to support the door when in place to separate the two rooms. The added costs for the stack supports are computed as follows: Addison Steel — material (per attached) Naples Iron Works — labor (per attached) 1,400.00 2,108.00 S3,508.00 We have completed this additional work and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., rNTC Robert G. Schubring Vice President Construction RS /sa M h JL,... ji -7 0 -O2 Approved By: Date AEC National GI�C - proved By: D e Collier County Facilities Management CC: 130 -85 Mike Nalbach, Kraft Construction Rustv Elferdink, C.C. Facilities Mgmt. (for Jack Crognale) °!D . 02606 S. Horseshoe [Drive - Naples. Fiorida 34104 - (941) 643 -6000 - Fax (9 =1) 643 -0000 - C 990 af9C1C -- -8 ,99 January 29, 2003 April 19, 2003 Revised Mr. Marty Miller AEC National, Inc. 11005 th Avenue S., Suite 201 Naples FL 34102 E A 1 LIN RE: Immokalee Jail Center Dear Marty: C -10 -00130 Sent Via Fax 262 -0025 & US Mail t Y The credit to delete the break -away clothes hooks as directed by Chief Smith is computed as follows: Ridley Owens (per attached) Ridley C-yens (per attached) We await your direction in this matter. Respectfully, KRAFT CONSTTARUCTION CO., INC. Robert G. Schubring Vice President Construction RS /sa CC: 130 -86R Rusty Elferdink, C.C. Facilities Mgmt. (404.00) (760.00) ($1,164.00) Approved By: Date AEC National .S�///G3 loved By: / Date er County Facilities Management d f+ .� 0 2606 S. Horseshoe Drive • Naples. Florida 34104 • (9411643-6000 • Fax (941 ) 643 -0090 t .1_ ,.....T::�_. - 'r..- �.;.L�..s ^� .. lr�.riria '7d�'�R •.fad'I 1 q'aRRggn •.FaY fQa11 q'�f'tROC� CONSTRUCTION COMPANY. INC. i I November 11 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee .sail Center Dear Marty o.e. Sent Via Fax 263 -9117 & US Mail C -10 -00130 The changes in the functionality of 22 doors required Integrator changes and wiring changes to operate. The added costs are computed as follows. Crllier Electric Company (per attached) SSE A-77.4c —,aed S7 ?. 57 We are proceeding with this additional work and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., IC. N1 a�.•�_ � M� Z- S -0 3 Approved By Date AEC National L Robert G. Schubring Vice President Construction /J //I� le RS /sa X.-roved By: ate � County Facilities Management CC: 130 -87 Mike Nalbach, Kraft Construction Rusty Elferdink, C.C. Facilities Mgmt. 100 12606 S. Horseshoe Drive • Naples, Florida " .1 G4 • (541 1 643 6000 • Fax (941 1 643 -0020 Florida :3 33 (941) 330 -8990 • Fax (941 ) 330-8994 December 9, ZOG2 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty: CONSTRUCTION COMPANY, INC. C -10 -00130 Sent Via Fax 263 -9117 & US Mail The response to RFI #177 required that we add guards on all horn / strobes and thermostats in inmate areas. The added costs are computed as follows Ridley Owens of VA (per attached) $,412.00 We are proceeding with this additional ,vorll- and expect to be fully reimbursed by Owner Change Order, Respectfully, KRAFT CONSTRUCTION CO., INC. Robert G. Schubring Vice President Construction RS /sa CC: 130 -88 Mike Nalbach, Kraft Construction Rusty Elferdink, C.C. Facilities Mgmt. �1 1) Nl l 2 -11- 0z Approved By: Date AEC National -proved By: Date llier County Facilities Management l0l E2606 S. Horseshoe Drive - Naoles. Florida 34104 - (5341 1 643 -6000 - Fax (941) 643 -0 -00 December 20, 2002 N.1r. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty: KRFIFT CONSTRUCTION COMPANY, INC. Sent Via Fax 263 -9117 & US Mail C -10 -00130 - - - The added costs to comply with RFI :� l 80. change to security caulk at all fixtures exposed to inmates, is computed as follows: Spectrum Painting (per attached) B & I Contractors (per attached) 1,298.00 (190.00) $1,108.00 We are proceeding with this additional work directed so as not to further delay completion. We expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. Robert G. Schubring Vice President Construction RS /sa CC: 130 -89 Mike Nalbach, Kraft Construction Rusty Elferdink, C.C. Facilities iNigmt. �a1� n .fit,!• ,_.. �- s -o3 Approved By: Date AEC National % /% 6 Approved By! ate Collier County Facilities Management 'r M2S00 S Horsesrae Drive - Naples, Florida 34'1G4 - (23 °) 6-12 60O0 F r [235] 643 0090 1 21 20 Metro Parkway, Suite 1 1 7 • Fort Myers. Floruc a 3 °" 2 • ':235) 551 1 r �x ( "?33) 5c ; -51 2g r�:r��iam; Tall Sdrasr..a. Fiorida 734236 PF December 9, 2002 Sent Via Fax 263 -9117 & US Mail Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 12E: Immokalee Jail Center Dear Marty'. C -1G -00130 The added costs to comply with Lt. 1%4cGowan's direction to add a fingerprinting shelf unit are computed as follows: Montgomery Cabinetry (per attached) $484.00 We are proceeding with this additional wort: as directed and expect to be fully reimbursed by Owner Change Order. Respectfully, KRAFT CONSTRUCTION CO. INC. V Robert G. Schubring Vice President Construction RS /sa CC: 130 -90 Mike Nalbach, Kraft Construction Rusty Elferdink, C.C. Facilities Mgmt. of w,. � J� . " L 11-11-0 z. Approved By: Date AEC National tApprovea try. � Collier County Facilities Management l D3 E 2606 S. Horseshoe Drive • Naples. Florida 34104 • (941 3 643 -6000 • Fax (941 3 643 -0090 058 N Tamiami Trail • Sarasota, Flor da 3423E (Q41) 330-8950 - Fax (94 1 j 330-E?994 z- December 17, 2002 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty: KRRFT CONSTRUCTION COMPANY, INC. Sent Via Fax 263 -9117 & US Mail i~ C -10 -00130 We have been directed to add a griddle at he kitchen as requested by Lt. McGowan. The added costs are computed as follows: Beltram South (per attached) S4,773.00 We are proceeding with this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. 4 ROert . Schubring 7 Vice President Construction RS /sa CC: 130 91 Mike Nalbach. Kraft Construction Rusty Elferdink, C.C. Facilities Mgmt. Approved By Date AEC National Approved By Da e ,Collier Countv Facilities Management v 10H 02606 S Horseshoe Drive • Naples, Florida 34104 • (541) 643 -0000 • Fax [94 1) 643 -0090 i Jji uary 6; 2003_._.... -- Mr. Marty Miller `. AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty: C -10 -00130 ,el ent Via Fax 263 -9117 & US Mail _I io 5 � ,�;.,.. - �nr�STRUCT1Ci�i ti . Pursuant to your direction during our walk thru with CCSO 12/5/02, we have completed the removal of the specified stone rip rap and replaced with bagged rip rap. The added costs are computed as follows: Jensen Underground U.ilities (per attached) 51,050.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. Ro ert G. Schubring Vice President Construction RS /sa CC: 130 -92 Mike Nalbach, Kraft Construction Rusty Elferdink, C.C. Facilities Mgmt. 1- W-o Approved By: Date AEC National *owed By: ' Pate er County Facilities Management s. :t Ic6 E'?606 S Horseshoe Drive Naples, Florida 34104 (2391 643 -6000 Fax (2391 643 -0090 J 121 20 Merro Parkway, Suite 1 1 7 - Fart Myers. Poridej 3391 2 - [239) 581 -51 31 - Fax (235) 561 -51 29 1 C58 r Tam:ami T-vi - Sarasota. Florida 3 12_ 6 (941) 330 -8990 r ax '941 1 330-6994 CDNSTFiUCTION COMPANY, INC. December 16, 2002 Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty: C -10 -0013 o. e. Sent Via Fax 263 -9117 & US Mali After the Owner / Architect meeting on 12,"5/02 you directed us to add height and razor wire to the fence where it crosses the berm in two locations The added costs are computed as follows: Walkup Fence Co. (per attached) We await your direction in this matter. Respectfully, KRAFT CONSTRUCTION CO., INC. V Robert G. Schubring Vice President Construction RS /sa CC 130 -93 Mike Nalbach, Kraft Construct' _n Rusty Elferdink, C.C. Facilities Mgmt. S2.700.00 Approved By: Date AEC National Z proved Bye,"_ y Date oilier County Facilities Management ®2606 S. Horseshoe Drive • Naples, Florida 34104 • (941) 643 -6000 • Fax (941) 543 -0090 � nI Tama ,i Tram �arasnta Florida _ �2� (5 -a1) 330 -8950 ax 1541) 330 399 December 17, 2002 Mr. Marty Miller AEC National 5150 Tamiami Trail Naples FL 34103 N., Suite 600 RE: Immokalee Jail Center C -10 -00130 Dear Marty: Sent Via Fax 263 -9117 & US Mail The added costs to comply with the plumbing portion only of your response to RFI 4 181 are computed as follows: B & I Contractors (per attached) B & I Contractors (per attached) 126.00 5,543.00 55,669.00 We are proceeding with this additional work as directed so as not to further delay completion. We expect to be fully reimbursed by Change Order Respectfully, KRAFT CONSTRUCTION CO., INC -Robert G. Schubring ` Vice President Construction RS /sa CC: 130 -94 Mike Nalbach, Kraft Construction Rusty Elferdink, C.C. Facilities Mgmt. A4 &_Y_- L 12 - 7 -6 - o2 Approved By: Date AEC National i"ed By: Date Tier County Facilities Management B2606 S. Horseshoe Drive - Naples, Florida 3-4104 • (941) 643-6000- Fax (941]6a3-0090 11 056 N. Tamiami Trail - Sarasota, Florida 34236 (9411 33C -8990 - Fax (941) 330 -399a W . InFT CONSTRUCTION COMPANY, INC. February 7, 2003 Mr. Marty Miller AEC National 1100 5`h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: Sent Via US Mail Only The added costs to do the shower curbs as directed in the response to RFI No. 181 are computed as follows: Trident Surfacing (per attached) S1,800-00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. Robert G. Schubring Vice President Construction RS /sa CC: 130 -94A /l 0 �) "A ?- / 3. 03 Approved By: Date AEC National pprove�Bv: Date Collier County Facilities Management 103 ®2606 S. Horseshoe Drive • Naples, Florida 34104 • (94 1) 6-=3 -6000 • Fax (94 1) 043 OOSC S? N; �miarrmi Trail • Sarasota. Fonda 3423E ' i5° =�' 33 e °3`� ° �' (34 "1) �3C�833 %i i .December 17, 2002 , F__11017_1 Mr. Marty Miller KRAFT CONSTRUCTION AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center C -10 -00130 Dear Marty: Sent Via Fax 263 -9117 & US Mail The added costs to comply with the fire sprinkler portion only of your 12/10/02 sketch SKY -3 Sprinkler Head Revisions for Staff Control Room are computed as follows: Coastal Fire Protection (per attached) $10,950.00 This does not include the revisions to the protective covers or any other changes required for this revision. We are proceeding with this additional work so as not to further delay Certificate of Occupancy and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. Robert G. Schubrirg Vice President Construction RS /sa b - ", �L / - 2. .p Approved By: Date AEC National Kroved By: bate llier County Facilities Management CC: 130 -95 Mike Nalbach, Kraft Construction Rusty Elferdink, C.C. Facilities Mgmt. 0 260 S. Horseshoe Drive • Naples. Florida 34104 (541) 643 -6000 • Fax (941) 843- 0.;090 105B N. Tamiami Trail • Sarasota. Florida 34236 [9-111 330-8990 • Fax (9-11 1 330 -8994 0.1 February 7, 2003 Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center Dear Marty: CONSTRUCTION COMPANY, INC. C -10 -00130 Sent Via US Mail Only The added costs to re- revise the Control Room fire sprinklers and revise the stainless steel covers are computed as folio,, s: Coastal Fire Protection (per attached) 1,064.00 Crowther Roofing — S.S. Covers (per attached) 1,595.00 Acousti Engineering (per attached) 74.00 2,733.00 Kraft did the relocation and re- installation of the hooks with our field forces at no additional costs to the contract. We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. L Robert G. Schubring Vice President Construction RS /sa CC: 130-95A z- 13.0 a ,Approved By: Date AEC National 63 llier County Facilities Management M2606 S. Horseshoe Drive • Naples, Florida 34104 • (9411 643 -6000 • ..-ax. ;3-:11 643 ^OSO December 5, i002," IKRIIFT i CONSTRUCTION COMPANY, INC. ELAall" Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 1E: Immokalee Jail Center Dear Marty: C -10 -00130 i y' r of D Sent Via Fax 263 -9117 & US Mail The response to RFI 1 179 required that we add security sealant at all floor saw cuts. The added costs are computed as follows: Spectrum Painting (per attached) Respectfully, KRAFT CONSTRUCTION CO., WC. Robert G Schubring Vice President Construction RS /sa CC: 130 -97 Mike Nalbach, Kraft Construction Rusty Elferdink, C.C. Facilities Mgmt. $4,140.00 Approved By Date AEC National /1—/3 a- proved By: Date ollier County Facilities Management IF, T 02606 S. Horseshoe Crive - Naples, Florida 34104 • (941) 643 -6000 • Fax (941) 043 -0000 �_ ^�- ri _..- ...r.., r � ^.,...- �...f -. �'....r..;. ::� ?�'�� • l�r,� i.._'7 ^.n_pCgf-1 �,rav fQu'I i �... a...__....... _. I I� ,KRRFT� CONSTRUCTION COMPANY, INC. December 16, 2002 Mr. Marty Miller AEC National 5150 Tanuami Trail N., Suite 600 Naples FL 34103 RE: Immokaiee Jail Center Dear Marty: C -10 -00130 Sent Via Fax 263 -9117 & US Mail .o 4, Your fax memo dated 12/6/02 requires that we change the specified closer for Door 41022C. The added costs are computed as follows: Ridley -Owens of VA (per attached) S458.00 We are proceeding with this additional work- as directed and expect to be fully reimbursed by Chanae 0-der. Respectfully, KRAFT CONSTRUCTION CO., NC. Ro ert Schub n in- Vice ce President Construction RS /sa CC. 130 -98 Mike Nalbach, Kraft Construction Rush Elferdink, C.C. Facilities ML-mt. Approved By. Date AEC National i �L 23 Z 'ed By-' Date County Facilities Management N 2605 S. Horseshoe Drive •Naples, Flonda 34 1 o4 • (9411 643 -6000 • Fax (941) 643 -OC90 1 OF8 N. Tamiami Trail • Sarasota, Florida 3423B • (941) 330 -8950 • Fax (941) 330 -8 954 December 16, 2002 Mr. Marty Miller AEC National 5150 Tamianu Trail N., Suite 600 Naples FL 34103 RE: Immokalee Jail Center Dear Marty FTI CONSTRUCTION COMPANY, INC. C -10 -00130 Sent Via Fax 263 -9117 & US Mail c The added costs to comply with the security caulking portion only of your 12/5/02 memo are computed as follows: Spectrum Painting (per attached) 53,000.00 1 e are proceeding with this additional work and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. Robert G. Schubring Vice President Construction RS /sa CC: 130 -99 Mike Nalbach, Kraft Construction Rusty Elferdink, C.C. Facilities Mgmt. Approved By. Date AEC National L.3 G z_ /A roved BY*" Da e oilier County Facilities Management 11112606 S. Horseshoe Drive Naples, Florida 34-,04 - (941) 643 -6000 - Fax (9G1 ) 643 -0050 a3miami Tra;! _,� =eta._ ior�da 3 - ? -�6 - (x,41) 33x}3990 Fax December 18, 2002 /n, 4; Mr. Marty Miller AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 RE: �mmokaleeJail Center C -iv -00130 Dear Marty tee. Sent Via Fax 263 -9117 & US Mail The added costs to include the dialer required for outside monitoring of the fire alarm system are computed as follmvs. Collier Electric Co. (per attached) C $2,991.00 The dialer was excluded at bid time because CCSO %vas self - monitoring. New rules no longer allow self - monitoring. We are proceeding with this additional work so as not to further delay Certificate of Occupancy. We expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., ENC. Robert G. Schubrina Vice President Construction RSi sa CC: 130 -102 Mike Halbach. Kraft Construction Rusty Elferdink, C.C. Facilities Nlamt. AA 7`- � /V1= 12 - -O L Approved By Date AEC National z- oved By: Date er County Facilities Management X2606 S. Horseshoe Drive • Naples, Florida 34104 • 194 1) 6 -23 -6CCC • Fax (541) 343 -C=C 105B N Tamiami Trail • Sarasota, F'crida 34236 ( 941) 330 -6 9SO - Fax KRRFT CONSTRUCTION COMPANY, INC. February IS, 2003 Mr. Marty Miller AEC National 1 100 5`h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: Sent Via US Mail Only We were directed to add ventilation thru the roof for the HW tanks and to add ductwork to supple Electric Room 1020. The added costs are computed as follows: B & I Contractors — Electric Room (per attached) 3,587.00 B & I Contractors — HW Tank Room (per attached) 2,922.00 Crowther Roofing (per attached) 436.00 S6,945.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION C INC. Robert G. Schubrina Vice President Construction RS /sa CC: Rusty EIferdink, Collier County 130 -108 Li A-4 3 -S•o3 Approved By: Date AEC National Kroved By: Date Mier County Facilities Management 1 CAI�� 3 1260E S. Horseshoe Drive • Naples, Florida 34104 • (941) 643 -6000 • Fax (941 ; 64----=9C 1059 N. Tamiami Tra:l • Sarasota. Florida 34236 (9411 330 -8980 • Fax (941 February 25, 2003 Sent Via Fax & US Mail Mr. Marty Miller AEC National k 11005 Ih Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 `' J Dear Marty: Lt. McGowan requested that we provide a refrigerator and microwave for the Staff Break Room. The added costs are computed as follows: Bill Smith Appliances (per atta -,ed) ; 40.00 Collier Electric Co. (per attached) 996.00 1.736.00 We have completed this additional work and expect to be Iv reimbursed by Change Order. Respectfully, KKR-- FT CONSTRUCTION CO., INC. Robert G. Schubring Vice President Construction RS /sa CC: 130 -109 Ailo-�L." 3 -1U.o.3 Approved By: Date AEC National Oproved By: / 'Date ollier County Facilities Management ® 2606 S. Horseshoe Drive • Naoles, Florida 34104 • 1,941) 643 -6000 • Fax (541) 643 -OC90 �g411 ; -ir -L999C •Fax f341) Jya3ccC ,;kFIFT CONSTRUCTION COMPANY, INC. February 18, 2003 Mr. Marty Miller AEC National 1100 51h Avenue South, Suite 201 Naples FL 34102 RE: ]mmokalee Jail Center C -10 -00130 Dear Marty: Sent Via Fax & US Mail Lt. ?Nv1cGowan directed us to add window film at Central Control and the Control Rooms. The added costs are computed as follows: Suntamers (per attached) Suntamers (per attached) 502.00 1,115.00 S 1.620.00 We have completed this additional work as directed and expect to be f reirzbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., 1;--N[' C. 4 Robert G. Schubring Vice President Construction RS /sa CC: Rusty Elferdink, Collier County 130 -110 3 03 Approved By: Date AEC National roved B /Date . llier County Facilities Management ®2606 S. Horseshoe Drive • Naples, Florida 3 41 0= • i941) 643 -6000 • Fsx (541 j 643 -0090 ��? N Tamiami Traci • Sarasota. Florida 34236 • (941) 330 -8990 • Fax 19411 330 -8594 L-0 j KRRFT CONSTRUCTION COMPANY, INC. February 7, 2003 Sent Via US Mail Only Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: The existing cooler freezer had to be re -wired to run on three -phase power provided for them in the new facility. The added costs are computed as follows: Collier Electric Co. (per attached) S1,884.00 We have completed this additional work as directed anc --xpect to be fully reimbursed by Change Order. Respectfully, KR.A-FT CONSTRUCTION CO., rNC. O Robert G. Schubring Vice President Construction RS /sa CC: 130 -112 m4j-- .6. AdAt 2 -/'3. (D.1 Approved By: Date AEC National eproved By: .1/ . D ollier Countv Facilities Management E 2606 S. Horseshoe Drive • Naples. Florida 341 04 • 1941) 643 -6000 • Fax ,941) 643 -0090 1058 N. Tamiami Trail • Sarasota, Ficr -da 34236 (941) 33C -5990 • Fax (941) 330 -399µ ? DI CONS7AUCTION COMPANY, INC. February 1/ Sent Via US Mail Only Mr. Marty Miller AEC National 1100 5`h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: The added costs to revise the lighting in the dormitories as required by Chief Smith are computed as follows: Collier Electric Co. (per attached) SS, 7 57.00 We have completed this additional work as dir ct: c? and expect to be fully reimbursed by Change Order. Respectfully; KR..A,FT CONSTRUCTIONSC0., Robert G.Schubring Vice President Construction RS /sa CC: 130- 113 z -/3 - ©3 Approved By: Date AEC National z /zo yXpproved By: /' Date Collier County Facilities Management ,I I •� 021606 S horseshoe Drive •Naples. Florida 34104 •(941) 643 -6000 • Fax (94 1) 043 -0090 1 058 N. Tamiami Trail • Sarasota. Florida 34238 • (9471 330 -8990 • Fax (941) 330 -3554 el - 0'. CONSTRUCTION COMPANY, INC. February 7, 11 Sent Via US Mail Only Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: The added costs to run conduit and circuitry to the irrigation time clock are computed as follows: Collier Electric Co. (per attached) This was not shown on the drawings. S?03.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. ✓;� v Robert G.Schubring Vice President Construction RS /sa CC: 130 -116 Approved By: Date AEC National �: X� -' proved By: I ollier County Facilities Management L_. ;I .CYN C- Igo 62606 S. Horseshoe Drive • Naples, Florida 34104 • (941) 643 -6000 • Fax (9z=1) 6..3 -0090 1 C58 N. Tamiami Trail • Sarasota. Florida 34236 (541) 330 -8990 Fax ;941) 33089`✓ m, c, CONSTRUCTION COMPANY, INC. February 7, 11 Sent Via US Mail Only Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immohalee Jail Center C -10 -00130 Dear Marty: Lt. McGowan required the electrical contractor to change J -Box to quad receptacles at segregation cells. The added costs are computed as follows: Collier Electric Co. (per attached) S178.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. Robert G. Schubring Vice President Construction RSisa CC: 130 -118 "44'Lib- AL -5 -03 Approved By: Date AEC National / l- �. -_.✓� /U o 3 roved By. Date Hier County Facilities Management �l v �1�'✓ l J 1 V 4 •S I 02606 S. Horseshoe Drive - Naples. Florida 34104 (941) 643 -6000 - Fax (941) 643-0090 [? 1058 N. Tamiami Trail - Sarasota. Florida 34236 (941) 330 -8990 - Fax (941) 330 -5994 KRFIFT CONSTRUCTION COMPANY. INC. February 7, 2003 Mr. Marty Miller AEC National 1100 5`h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: (�AI i r G' Sent Via LS Mail Only Lt. McGowan required the electrical contractor to add the compatibility of temporary switch control or dormitory nishtlights. The added costs are computed as follows: Collier Electric Co. (per attached) S304.00 `A'e have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. F Robert G. Schubring Vice President Construction RS /sa CC: 130 -119 AA -03 Approved By: Date AEC National 3 /li /o 3 ,9rpp ved By: ` Date C ier County Facilities iVlanagement j� a- X2606 S. Horsesnoe Drive • Naples, Florida 341 C4 • ( 94 1 ) 643 -0000 • Fax (941) 643 -0090 1'15R N Tamiami Tra,! • Sarasota. Florida 34236 (941) 330 -8990 • Fax (941) 33x8994 February 7, 2003 Mr. Marty Miller AEC National 1100 5`h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center Dear Marty: KRRFT CONSTRUCTION COMPANY, INC. C -10 -00130 The added costs to wire the modular furniture are computed as follows: Collier Electric Co. (per attached) m.e. Sent Via US Mail Only S739.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KR-A-FT CONSTRUCTION CO., INC. A/la -�- -3-s • O Approved By: Date AEC National Robert G. Schubrina Vice President Construction 7 RS /sa proved By: Date oilier County Facilities :Management CC: 130 -122 �.r Iv, Or1 , E 2606 S. Horsesnoe Drive • Naples, Florida 34104, (9411643-6000 • Fax (941 ) 643 -0090 — 1058 N. Tamiami Trail • Sarasota, Florida 34236 • (541 i 330 -8990 • Fax (941) 330 -8994 r KRRFT CONSTRUCTION COMPANY, INC. February 7, 2003 Sent Via US Mail Only Mr. Marty Miller AEC National 1100 5" Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: The added costs to wire to wire the HW tank added by PR n7 are computed as follows: Collier Electric Co. (per attached) 5942.00 There was nothing PR i7 to indicate added wiring to change to two gas fired tanks (130 -25). We haN-e completed this additional work as directed and expect to be fully reimbursed by Change 'er. Respectfully, KRAFT CONSTRUCTION CO., INC. A. -Approved By: Date AEC National Robert G. Schubring Vice President Construction �l RSlsa CC: 130 -123 Xpproved By: I Collier County Facilities 'Management i i) _.taq_. N 2606 S Horseshoe Drive • Naples, Florida 341 104 • (941) 643 -6000 • Fax (941) 643 -0090 L11058 N. Tamiami Trail • Sarasota, Florida 31236 (941) 330 -8990 • Fax (941) 330 -8994 KRRF CONSTRUCTION COMPANY, INC. MINIL MEL Illy 1411F February 7, 2003 Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: C I ae le, Sent Via US Mail Only The added costs to change the single phase wiring for the HW circulating pump to three phase are computed as follows: Collier Electric Co. (per attached) S651.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. Robert G. Schubring Vice President Construction 1J "• z -1 .03 Approved By: Date .A,EC National �/z 01,5; RS /sa /_� roved By: Da oilier County Facilities Management CC: 130 -124 W2606 S. Horseshoe Drive • Naples, Florida 3-341,041 • [941) 643 -0000 • Fax (941) 043 -0090 1058 N. Tamiami Trail • Sarasota, Florida 34P36 (941) 330 -8990 • Fax (941) 330-6994 February 7, 2003 April 21, 2003 Revised KRRFT CONSTRUCTION COMPANY. INC. 1%41 'i%L i%. '` 4 Sent Via Fax 262 -0715 & US Mail Mr. Marty Miller t AEC National 11005 1h Avenue South, Suite 201 j Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: The added costs to run power to gas valve per RFI 4122 are computed as follows: Collier Electric Co. (per attached) This was not shovcm o `he drawings. S71 1.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO. INC. V Robert G.Schubring Vice President Construction RS /sa CC: 130 -125R Rusty Elferdink, Collier County Approved By: Date AEC National l r� �/ roved By: a e llier County Facilities Management E2606 S. Horseshoe Drive • Naples, Florida 34104 • (941) 643 -6000 • Fax (941) 643 -0090 1058 N. Tamiami Trail • Sarasota, Florida 34236 • (941) 3348990 • Fax (941) 330 -8994 KRRFT CONSTRUCTION COMPANY, INC. February 7, 2003 Mr. Marty Miller AEC National 1100 5`h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: Sent Via US Mail Only Lt. McGowan directed the electrical contractor to relocate the kitchen disconnect. The added costs are computed as follows: Collier Electric Co. (per attached) 5242.00 We have completed this additional work as directed and expect to be fully reimoursed by Change Order. Respectfully, KR4FT CONSTRUCTION CO.} INC. Robert G. Schubring Vice President Construction RS /sa -o Approved By: Date AEC National z 9P/4'3 proved By: / /D llier County Facilities Management CC: 130 -128 - �L• A � 4 t a77 -- 02606 S. Horseshoe Drive • Naoles, Florida 34104 • (941) 643 -6000 • Fax (541) 043 -0090 1 058 N. Tamiami Trail • Sarasota. Florida 34236 (941) 330 -8990 • Fax (94 1 ; 330-8994 KRRFT CONSTRUCTION COMPANY. INC. February 7, 2003 Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: o -� Sent Via US Mail Only The added costs to add a s,,vitch on the vestibule lighting are computed as follows: Collier Electric Co. (per attached) S67?.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO. C. P Robert G. Schubring Vice President Construction RS /sa CC: 130 -129 Approved By: Date AEC National / �57 ?/ 3 proved By: Date oilier County Facilities Management 02606 S. Horseshoe drive - Naples. Florida 34104 .(941),S,-13-6000 - Fax (941) 643 -0090 T _ ., ,.. ;:; --iria - (94 11 330 -8990 - Fax (S411 33a8994 February 7, 2003 Mr. Marty Miller AEC National 1100 51h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center Dear Marty: CONSTRUCTION COMPANY, INC. C -10 -00130 Sent Via US Mail Only The added costs to add wire mold and power to dorm speaker phones are computed as follows: Collier Electric Co. (per attached) 5623.00 We have completed this additional work as directed ;31 ' expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. Robert G. Schubring f Vice President Construction RS /sa CC: 130 -130 tom`-__ 8 "JL Z -/3 -o3 Approved By: Date AEC National ier County Facilities Management - --Y'---'-" 2506 S. Horseshoe Drive • Naples, Florida 34104 • (941) 643 -6000 • Fax (94 1 1 643 -0090 1058 N Tamiami Trail • Sarasota. Florida 34236 • (941) 330 -8990 - Fax (941) 33G6994 KRRFT CONSTRUCTION COMPANY, INC. February 7, 2003 Mr. Marty Miller AEC National 11005 h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: Sent Via US Mail Only The added costs to add three -way switch compatibilit} at the Property Room are computed as follows: Collier Electric Co. (per attached) SS75.00 W.- have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KR_okFT CONSTRUCTION CO., INC. A Robert G. Schubring Vice President Construction RSisa CC: 130 -131 3.'s. C) Approved By: Datc AEC National G 3 1111/o "3 /4pp'roved By: uate C flier County Facilities Management n� 30 0 2606 S. Horseshoe Drive • Naples. Fiorida 34 i 04 • (941) 643 -6000 • Fax (94 1) 643-0090 E:'10513 N. Tamiami Trail • Sarasota. Fiorida 34236 (941) 330 -8990 • Fax (941) 330-8994 KRRFT CONSTRUCTION COMPANY. INC. February 7, 2003 Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: far Sent Via US Mail Only The added costs to raise the Maintenance Room fixtures as directed by AEC are computed as follows: Collier Electric Co. (per attached) 52,881.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. i Robert G. Schubring Vice President Construction RS /sa CC: 130 -132 - Z- i • a3 Approved By: Date SEC National % C � O � Z ,proved By: ate ollier County Facilities Management �(o L�� E26C6 S. Horseshoe Drive • Naples, Florida 3-11 04 *(941) 643 -6000 • Fax (841) 643 -0050 i(941) 330 8990 •Fax (8 1 058 N Tarniam Trail Sarasota. Florida 34236 41 330 -8994 K$kFIFT CONSTRUCTION COMPANY. INC. February 7, 2003 Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: Sent Via US Mail Only Lt. McGowan directed the electrical contractor to install CCSO antenna. The added costs are computed as follows: Collier Electric Co. (per attached) We have completed this additional 'work as directed and expect o be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC. s Robert G. Schubring Vice President Construction RS /sa CC: 130 -133 ,1-- . A JL-.' Approved By: Date AEC National Ap roved By: Date llier County Facilities Management s. 02606 S. Horseshoe Drive • Naples, Florida 3-^ -104 • (941) 643 -6DOO • ,Fax (941 ; E343-C-3090 —' 1053 N Tamiami Trait • Sarasota. Florida 34238 (941 ; 330 -3990 • Fax (94 ) 33D -=?994 jEjE FT CONSTRUCTION COMPANY, INC. February 7, 2003 Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: Sent Via US Mail Only Lt. McGowan instructed our electrical contractor to install CCSO '�,'CR, cables and splitters. The added costs are computed as follows: Collier Flectric Co. (per attached) 574=1.00 Vv e have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., QNC. � CO., Robert G. Schubring Vice President Construction RS /sa CC: 130 -135 - Approved By: Date .AEC National /gyp roved By: Date / llier County Facilities Management (� A 02606S. Horseshoe Drive • Napies, Florida 3,d!04 • `941) 645 -6000 • Fax (941) 643 -0090 February 2003 Mr. Marty Miller .AEC National 1 100 5`h Avenue South, Suite 201 Naples FL 34102 ��a .; lllllllU KLLICC JLLiI t.�-LL ��-� FT_ CONSTRUCTION`COMPANY, INC-, 1 - i m.c. Sent Via US Mail Only Dear Marty: The added cost to adjust the limit switches on water valves to synchronize in pairs is computed as follows: Collier Electric Co. (per attached) S73 4 .00 co.,ntered this additional work as directed and expect to be fully reimburses by Change Orde.. Respectfully, KRAFT CONSTRUCTION CO., r , J Robert G. Schubring ZZ Vice President Construction RS /sa CC: 130 -135 approved By: Date AEC National roved By: Date ollier County Facilities `Iana;ement �1s C� S Hor__ =.esh,oe uriv JC 3C- .S' Florida i ° 1 _ _ it KRFIFT CONSTRUCTION COMPANYJINC February 7, 2003 Sent Via US Mail Only Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: The added costs to run UPS circuits for video visitation are computed as follows: Collier EIectric Co. (per attached) S1,92S.00 _._. We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully. KR.= -FT CONSTRUCTION CO., INC. Robert G. Schubring Vice President Construction RSisa CC: 130 -142 M .4 b - AA _W1 3. S.D Approved Bv: Date AEC National ( - roved By: L olller County Facilities Management � '/W) l� // D 3 ate 02606 S. Horseshoe Drive • Naples, Florida 34104 • (9411 643 -6CCC • Fax (941) 643 -0080 C53 N Tamiami Trail • Sarasota. Florida 34236 (941) 330 -a890 • Fax (941) 330,3994. February 7, 2003 April 1, 2003 Revised Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center Dear Marty: Sent Via Fax & US Mail The added cost to install Type F Fixtures in Dry Storage is computed as follows: Collier Electric Co. (per attached) 55,006.00 Collier Electric Co. (credit original light material & labor) (5300.00) 54,706.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., D C. V Robert G.Schubring Vice President Construction RS %sa CC: 130 -144R 8. ".L q - 25- 0 3 Approved By: Date AEC National 3 ,Ap oved By: / L C llier County Facilities Mana, '-ement . ..1.3.E ... 0 2606 S. Horseshoe Drive • Naples, Florida 34104 • (941) 643 -6000 • Fax (941) 643 -0090 1 058 N. Tamiami Trail • Sarasota. Florida 34238 • (941) 330 -8990 • Fax (941) 330-899 -= April 29, 2003 Mr. Marty Miller AEC National 1100 5w Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center Dear Marty: KRRFT CONSTRUCTION COMPANY. INC. C -10 -00130 Sent Via Fax & US Mail Pending Change Request 130 -45 is hereby revised per AEC memo dated 3/24/03. The circuit breakers and wiring to the fans were omitted from the electrical drawings. The added costs are computed as follows: Collier Electric Co. (per attached) 56,014.00 We have completed this additional work and expect to be fully reimbursed by Change Order 1.<;spectfully, KRAFT CONSTRUCTION CO., INC. ll� Mme,.= 4ma c _ 9 -x-03 Approved By: Date AEC National Hobert G. Schubring Vice President Construction i1 RS /sa CC: 130 -145R /- ---/0 —T proved By: bate ollier County Facilities Management 0 2606' S. Horseshoe Orive • Naples, Florida 34104 • •(5411 643 -6000 • Fax (941) 643 -0090 El 1 C 5 B N. Tam iami Trail • Sarasota, Florida 34236 • (941) 330 -8590 • Fax (5411 330 -BS94 February 25, 2003 Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center Dear Marty: KRRFT CONSTRUCTION COMPANY. INC. C -10 -00130 C3 c. Sent Via Fax & US Mail 1 The added costs to change the gate power to Emergency 3 -Phase from Single -Phase shown are computed as follows: Collier Electric Co. (per attached) S 1.993.00 We have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO., INC NI - M d 1f^., 31g• ozS Approved By: Date AEC National Robert G. Schubring Vice President Construction RSisa "proved By: Date ollier County Facilities Management CC: 130 -149 13Cr 02SC6 S. Horseshoe Drive • Naples. Florida 34104 • (94 1) E343-6000 • Fax ( 941) 642-0090 1058 N Tarniami Trail • Sarasota. Florida 34236 [941) 330 -83U0 • Fax ,341) 33`] 8 994 KRRFT CONSTRUCTION COMPANY, INC. March 5, 2003 Sent Via Fax & US Mail Only Mr. Marty Miller AEC National 1100 5`h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Mart,: Attached are miscellaneous small changes we have made for either CCSO or Facilities Mgmt. The added costs are computed as follows: Ridlev Owens — Added Thermostat Guards (per attached) 412.00 Collier Electric — Wire Gas Vent, Install JCI Module (per attached) 394.00 Collier Electric — Rewire Gas Solenoid Valve (per attached) 116.00 Collier Electric — Remo Reinstall Watch Station Speakers for Visual Film Installat. (per attached) 88.00 B & I Contractors — Connect Gas Supply to Added Griddle 141.00 1,i51.00 W,- have completed this additional work as directed and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO. INC. Robert G. Schubring Vice President Construction Ma.'� 18. y a3 Approved By: Date AEC National RS; sa proved By: Date oilier County Facilities Management CC: 130 -153 L� W2606 S. Horseshoe Drive • Naples, Florida 34104 • (S41) 643 -5000 • Fax '194-11 S43 -0090 05B N Tamiami Trail • Sarasota, Florida 34238 (94 1 1 330-8990 + Fax (941) 330-8994 KRRF CONSTRUCTION COMPANY, INC. March 10, 2003 Mr. Marty Miller AEC National 1 100 5`h Avenue South, Suite 201 Naples FL 34102 RE: Immokalee Jail Center C -10 -00130 Dear Marty: o.� Sent Via Fax & US Mail Only Lt. McGowan directed us to add a gate for lawn mower access to the large Qrass areas. The added costs are computed as follows: Walkup Fence Co. (per attached) S 1,032.00 Wde have completed this additional wort: as directed and expect to be fully reimbursed by Change Order. Respectfully, KR-kFT CONSTRUCTION CO, INC. Robert G. Schubn'ng Vice President Construction RS /sa CC: 130 -154 3- s s►- o Approved By: Date AEC National J/e,l 3 A i ved By: / Date o er County Facilities Management -.I !-fin -- N 2606 S. Horseshoe Drive - Naples, Florida 34104 • (941) 643 -6000 • Fax (941) 643 -0090 —'I 05B N. Tamiami Trail - Sarasota. Florida 34236 + (941) 330 -8990 - Fax (941) 330 -8994 $ • • March 10, 2003 r= Sent Via Fax & US Mail Only Mr. Marty Miller AEC National 11005 1h Avenue South, Suite 201 Naples FL 34102 r RE: Immokalee Jail Center C -10 -00130 k Dear Marty: We had to replace a dual temperature pneumatic shower valve due to inmate vandalism. Apparently one of the inmates pushed a pencil into the shower nozzle which caused enough back pressure to destrov the valve. The added costs are computed as follows: B & I Contractors (per attached) 5884.00 We have completed this additional work as dire(' ^d and expect to be fully reimbursed by Change Order. Respectfully, KRAFT CONSTRUCTION CO.. INC. ,j Robert G.Schubring Vice President Construction RSisa CC: 130 -155 All� - b. Q I 3- N- 01 Approved By: Date AEC National i� -�- � rioved B I y: Date lier County Facilities Management -) E2606 S Horseshoe Drive • Naples, Florida 34104 • (941) 643 -6000 • Fax (941) 643 -0050 _ 1058 N. Tamiami Trai! • Sarasota, Florida 34236 (541) 330 -0990 • Fax (941) 33C -8994 CHANGE ORDER RE C E I V E D DISTRIBUMON TO AIA DOCUMENT G701 SEP 1 2 2003 Architect: r: Contractor: AEC National Field: Other: PROJECT: Immokalee Jail Center C -10 -00130 302 Stockade Road Immokalee, FL 34145 TO: Kraft Construction Co., Inc. 2606 South Horseshoe Drive Naples, Florida 34104 CHANGE ORDER NUMBER: Twenty Rev. (20R) INITIATION DATE: September 11, 2003 ARCHITECT'S PROJECT NO.: CONTRACT DATE CONTRACT FOR: You are directed to make the following changes in this Cuntract: October 19, 2001 New Construction ,S &I Final Resolution of Direct `Material Purchase Orders Per the Attached Breakdown. Total Add: $28,650.78 Not valid until signed by 'both the O%%ner and Architect. Signaturc; of the Contractor indicates his agreement herewith, including any adiustmens in Contract Sum or Contract Time The Original Guaranteed Maximum Cost was :................................................................. ....................I.......... S 7,427.664.00 Net Change by previously authorized Change Orders ( 1 -19) : ....................................... ............................... S (1,661.938.13) The Guaranteed Maximum Cost prior to this Change Order vas :........ ............................... S 5,765, 725.87 The Guaranteed Maximum Cost will be increased by this Change Order: ...................... ............................... $ 28,650.7.8. The new Guaranteed Maximum Cost including this Change Order will be: .................................................... $ 5;?1;�3fa�6yS•'.'(.'�� The Contract time will be unchanged by: (0) Days I� 4L�% The Date of Substantial Completion as of the date of this Change Order therefore is January 14, 2003. i 1, ARCHITECT: AEC National 5150 Tamiami Trail N., Suite 600 Naples FL 34103 Date: !a- /-4-0-2 CONTRACTOR: Kraft Construction Company, Inc. 2606 S. Horseshoe Driv ! Naples Florida ^410.1 (liI B Robert G. Schubring, VP Constru ion Date: September 11. 200= AIA DOCUMEN7 G -01 - CHANGE ORDER THE - MERICAN INSTITUTE OF ARCHITECTS. 1715 NEW YORK .EVE.. Nw. ',VASHl\G -7O\. D C G701.1978 OWNER: Collier County Government' 3301 E. Tamiami Trail, Bldg. W Naples FL 34112 By, _ v N O O U M (0 O p m O `- r O O U O O O �, O _m U CM co @ CD eD m a) 0 3 � O J CU lw i v O — O= N O O O N O M LO CM O O r'+ CO to 0 0 m 0 Lo to O O O 0 n O N v v 0 to t- o) 00 O r O lm c0 r -T O f1) - r O O N r c) 0 U r r P- O CD N Lo W f` r` O N to C r N N co N CO m t` v e- N CO <4 r N m O a w M O M O N r 001 N CD N r 0 r- 00 U) M r- O Cl O v M 0 0 (n v N O) r` Ln (D O O) C O N O M O CD r` N v r- v M W M r- r` r` N y L) r O CD M O LC) r- (D O v CD N LO M N U) r t` O (n — N O (D r r` r` M 0 v O (D r- � (n r, O r U) to (T tf) O O Lr Lr O < O (= r t` ., Cn M r M N r r` .- N O v U) r .- M r C r' 7 O Q O Cp 0 0 0 0 0 0 0 0 0 0 0 0 I O O O U? O O N O O O CD O M M M O O O O- O CO M Q. (D t` r v O C O O p v I'- U.) r` m M r` w m U) r-- O O M v_ O O CD v N r� v r v r` CD v N u-) N fT Ln M c t` tfi r r- O �• t`- �9 CD O r Q CV r O r N 0 to Ln r r C" O m o p O 7 d fv cUm y a) w. O O W U O C CM C M m V) cn Y U C m c (n ai a) y Cy t r 3 u m c o m .S e (ro L L �c o r U �° a0) — � o o L oc vYYUJ�L �� CT L C .J � - ` — — — — E fv � (A (6 N U � (v CU U UC7C7� LL O O:D D N En a) CU O v LL LL LL O O O C m C C _C C Lo N L L L O _ _ O c c o C fn C 0 N O _fC Y D a ilm O U O UU- O )-3 a) Y�(nnl/) 0 D-` (0 F S1 � # CD v N LO r` M y r` In v 0 0 N O M r-- m M r C`) N v v to t!) O CN v Cl) Cl) M f) M U) U) O N v U) to v IT oO M CD v CD v to Cl) U) CO CV N 00 M N v 00 M N v CO M O to N v U) M LO M CL 0 o p C) O o 0 o r 0 0 0 C) c) p p p C) N N N N N N N N M N N N N N N N N N i CHANGE ORDER RECEIVED DISTRIM. -TION TO -ALA DOCUMENT G701 $Fig 1 2 2003 Owner: Architect: AEC National Contractor: Field: PROJECT: Immokalee Jail Center C -10 -00130 302 Stockade Road h=okalee, FL 34145 TO: Kraft Construction Co., Inc. 2606 South Horseshoe Drive Naples, Florida 34104 Other: CHANGE ORDER NUMBER: Twenty One (21R) rNITIATION DATE: September 11, 2003 .ARCHITECT'S PROJECT NO.: CO \TRACT DATE CONTRACT FOR: You are directed to make the following changes in this Contract: Credit Direct Material Sales Tax Savin,s Per the Attached Recap. October 19, 2001 Nees' Construction Total Deduct: (5110,940.20) Not vaiid ur::i signed by both the Owner and Architect sl_nxiture o the Contractor indicates his aereement herewith. mL: uc:r._ am adius :men:s :n Contract Sum or Contract Time The Ornnnal Guaranteed \laximum Cost %vas :............. ..................... S ,.427.664.00 ............................... ............................... Net Change by previously authorized Change Orders (- 1- 20) :........................................ ............................... S (1.633,257.3�j The Guaranteed Maximum Cost prior to this Change Order was: ..................................................... .. ..... . S 5.794.376.6: The Guaranteed Maximum Cost will be decreased by this Change Order: ..................................................... S (1 10,940.20) The new Guaranteed 'Maximum Cost including this Change Order will be: .................................................... S The Contract time will be unchanged bv: (0) Days V /' The Date of Substantial Completion as c -the date of this Change Order therefore is January 14, 2003 L j�/ ARCHITECT: CONTRACTOR: OWNER: � �_ `—� AEC National Kraft Construction Company, Inc. Collier County Government � 1'�0 Tamiami Trail N.. Suite 600 2606 S. Horseshoe Drive 3=01 E. Tatniami Trail, Bldg. W Naples FL 34103 Naples Florid ,4104 Naples FL 34112 Bv: /�lo�� /t�l v Bv: 4, Robert G. Schubring, VP Cons lion / Date: 9-/,> _ m3 Date: September 11. 2003 Date: `9 / e' —7 AiA DOCCN'E \'T G701 - CHANGE ORDER THE AAtERtC -\N r\ST1TUTE OF ARCHITECTS, 1 -:5 \E'X YORK AyE., \'K. '.0 %SHt\G -rON. D C 6701 -1978 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCELS 807, 907A AND 907B IN THE LAWSUIT STYLED COLLIER COUNTY V. MICHAEL A. McCUMBER, ET AL, GOLDEN GATE PARKWAY PROJECT NO. 60027. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easements designated as Parcels 807, 907A and 907B for the Golden Gate Parkway project in the lawsuit styled Collier County v. Michael A. McCumber, et al., Case No. 03- 2197 -CA. CONSIDERATIONS: On September 19, 2003 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 807, 907A and 907B for the Golden Gate Parkway project (Project No. 60027). Respondents, Scott and Stephanie Osmond, stipulated to the good faith estimate of $16,600.00, which is based on the County's original appraisal, and the County deposited this sum into the Court Registry for Parcels 807, 907A and 907B in accordance with the Order of Taking. The County's appraisal update dated September, 2003 increased the value to $29,300.00. Through ne(yotiations, the parties have reached a settlement agreement whereby the property owners will be fully and fairly compensated f the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2003 -37). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1 "). The Stipulated Final Judgment provides for $37,623.00 to be paid to Respondents, Scott and Stephanie Osmond, as full compensation for the property rights taken as to Parcels 807, 907A and 907B. There are no attorney fees or other costs associated with this Stipulated Final Judgment. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. \FISCAL IMPACT: Funds in the amount of $21,023.00 are available from the Transportation 1 Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; 3. direct staff to deposit the sum of $21,023.00 into the Court Registry; and AGENDA lT 4. direct payment of $100 service fee to Clerk of Court. N0. OCT 14 2003 f SUBMITTED BY: Date: Heidi F. Ashton, Assistant County Attorney REVIEWED BY: Date: Xnevilend" s, ROW Ac isition Manager Transport ati on/EC MIR OW i REVIEWED BY: ' Date: 63 Gregg Strakaluse, P.E., Director Transport A on/EC M REVIEWED BY: ��r� '�� Date: /0' Norm eder, Administrator Tran vortation Division APPROVED BY: C /�G'✓! Date: David C. Weigel, County Attorne AGENDA ITEM N0. OCT 1 4 2003 Pg. --- ---_._ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, %Is. MICHAEL A. McCUMBER. et al., Respondents. Case No.: 03- 2197 -CA Parcel Pros.: 807, 907A and 907B STIPULATED FINAL JUDGNIENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY. FLORIDA. by and through its undersigned counsel. and Respondents, SCOTT OSMOND and STEPHANIE OSMOND. for entry of a Stipulated Final Judgment as to Parcel Nos. 807, 907A and 907B, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents. SCOTT OSMOND and STEPHANIE OSMOND, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, SCOTT OSMOND and STEPHANIE OSMOND, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Thirty Seven Thousand Six Hundred Twenty Three and No /100 Dollars ($37,623.00) for Parcel Nos. 807, 907A and 907B as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and all costs, including attorney's fees and appraisal costs, and for all other damages in connection with said parcel; it is further AGENDA ITEM N0. 0C" 1 4 2003 pg. 3_ ORDERED that no attorney's fees, expert witness fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel Nos. 807, 907A and 907B; it is - further ORDERED that Petitioner shall deposit an additional Twenty One Thousand Twenty Three and No /100 Dollars ($21,023.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shall disburse the total amount of Thirty seven Thousand Six Hundred Twenty -Three and No /100 Dollars ($37.623.00) to Respondents. SCOTT OSMOND and STEPHANIE OSMOND, 3011 70`h Street SW, Naples. FL 34105. less �inv real estate taxes due and owing: it is further ORDERED that disbursement to Respondents. SCOTT OSMOND and STEPHANIE OSMOND, is subject to any claims of mortgages and lienholders; it is further ORDERED that title to Parcel Nos. 807. 907A and 907B. being fully described in Exhibit A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 19, 2003. and the deposit of money heretofore made, are approved, ratified. and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 3302, Page 2959 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 807, 907A and 907B; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore AGENDA ITEM N0. 0 C T 14 2003 r Pg• --'� DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of , 2003 Circuit Court Judge conformed copies to: Heidi Ashton. Assistant County Attorney Scott Osmond Stephanie Osmond E. Glenn Tucker, Esq. RFJ Aluminum. Inc. JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. -� %Lp-t j Dated:, uguft , 2003. S(_Q--Ff OSMOND 301 1 70'h Street SW Naples. FL 34105 -7213 .4 �"L —L.. �J STEPHANICOSMOND 3011 70`h Street SW Naples, FL 34105 -7213 Dated: Auaust 2003. HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 239/ 774 -8400 - Telephone 239/ 774 -0225 – Facsimile ATTORNEY FOR PETITIONER AGENDA ITEM N0. 3 OCT 14 2003 t pg. ---- 7 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Joint Motion for Stipulated Order of Taking has been furnished by U.S. mail to the parties set forth below .on this day of 2003. HEIDI F. ASHTON, ESQUIRE Scott Osmond Stephanie Osmond 301 1 70'h Street SW Naples. FL 3-110 -7? 13 RFJ Aluminum. Inc. c/o Richard.-\. Farmer. Registered Agent 5260 Ensle Place North Fort ,Ayers. FL 33913 Collier County Tax Collector clo E. Glenn Tucker. Esquire RHODES & TUCKER P. O_ Box 8S7 Marco Island. FL 34146 AGENDA ITEM NO. — I b OCT 1 4 2003 Pg. 1 No'—?—O-L PERPETUAL, NON- EXCLUBW DRAINAGE AND UTILITY EASEMENT TRACT 7 EXHIBIT--A-- Page_ of 1` 0 A .1 3Mj 0 tllcuu0[n I I 5 OR 7019/1116 l' _ C S I IRAS'f B 5 69JY 1- IN 7 GOLDE11 CAIE ESTATES -- —10 UNIf 29 F7Y- •.o, -� P'.. ^I 00111( 1 PACE 57 I PROPOSED ANO10R (ASE1,04t .c { U.( 161//167 / 4 9 o Pn0�05E0 AIICIIl1N " -` -TRACT 23 -- t7r5L1.l EI+i \ to { Iri si (< <g !u' 1'E.uE oR 'IJncE FISELIEt1i- ° < °- UTILIT'/ EASEtoEtIT l Pn!iCEI_ 807 ; n_c59 .n h - "• 70'--- 30'-t0 -- z I 'L 1I 1 L ' LOli 89'31 37" E 10 o6'- - G5tu71u sw /uP on 104u%tel1 _ GOLDEN GATE PARKWAY (CR 886) 7 ° ^DwR7 USt MFtll PER PtAI n tnc7 f. ^.ri rFN lw /1r - 1'OFwMK / 1'K[ PAlll l e I 09'31']7" E 9ASEUIIE UP SUPVEY' -AI -- -- — LEGAL DESCRIPTION FOR PARCEL 807 A PORTION OF TRACT B, GOLDE(i GATE ESTATES. UNIT 29 AS RECORDED IN PLAT BOOK 7, PAGE 57 OF THE PUBLIC RECORDS OF COI LIER COUNTY, FLORIDA SITUAIE III 5ECTION 30, TO,,,SNIP 49 SCUM, RANGE 26 EAST, COLLIER COMOY, FLORIDA OEIIIG MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEING THE NORTHERLY 40513 FEET OF THE SOUTHERLY 480 BU OF THE WESTERLY 1000 FEET OF THE EA5TERLY 40.00 FEET OF ALL OF SAID TRA.;f 8. CONfAINI(JG 4.058 SQUARE FEET, MORE OR LESS. e[,IIIn09 ^n[ B,SFp O nORrrr ,UF K:C•rl C•IJ4 (/1•D) 1101 -1131 •OJ1r51 ••f �1! 31 ^r( P'.,'R COC:ID�li,tf Srsr(N (GR�O) IUR IIUR'C^ (,41 70x1[ Op® 40 OO IOU DESCRIPTION OrJL'r l men �;7 ,c! NOT A BOUNDARY SURVEY uocFh NOT O ItUn:U^ c c.'Vn'(�fr,7 rnDlesr�l'6il wgltnrq k YRPPfq SIAI! 1' +UJ' SrcuRlr, ca❑ NTT. R.�110r1 C(nrnr C NY 2 9'/ -p FOR: COLLIER COUNIT GO \f 7fIVEU UUwRU (li COIIIiIY COLIb11S51UNFIiS .— Q"' bd 0n1CIr7u slcweun[ v +•„3(0 lU W+58C0 GULDEN GA'I'L: YMNOY,11' aJIS o moc• RFC.51Fn(O sVt 0/ rsaftsslollx sunvt'on •nn u whir D E. A U.I,- �'A VAIWLI. 1107 cuw'.11 CU LLIER CUl7N'1'1•, F1.DNtU'1 I�w nun nl nugsrenue I)RII;I1 rune ne t'Amoti. fl 111110A 141111 I'1. IIII)41'7114'/ F1,(9J 11419 MIA JDp III1l.4)ER RI.VISR)r1 SE f.l llid IoJ:rr51 ^P RnrrGL _ 11110:6957 01 -O(1I S t ! 2 JU SCALE C/JE AY, (q . 117 IRE NAIIf SI ILLf !� - ..._..1 nu ISS!tdU7 I OI' I R.DEX ND. SIP rn 20137 ,� ,. ITS it li S1Ar. ,lll.. -:•rl lr...., n 11 ()) \r, 115, —: , AGEND ITEM - N0. 0 C T 14 2003 Pg. '_ PARCEL f40.2L_j_.& EXCLUSIVE ANCHOR EASEMENT EXHIBIT__jA_ i3agG Of —= 10' A EXHIBIT 3 0 (PIAI) I t,cl It. I tit q C'l ;0LI)HI CAIE ESTAICS IA'J'I 29 TRACT 7 EASEI-IF14T I'AI?CEJ- 15:1 .., 11 1 1 3" 8;4/207 '1-----IRACT tv 37 o4 E s '1n- 77'51, 1,5 oc 69 32 "1 s b C) MID R.11J-(1F-11kY- GOLDPI CA(E PARK'NAY (CR fj EXSTV,G R�'AG*Af IASE�IW III IIAT T C, u6) TI; 1-111 -11111 �tl I I — "",CTO "., ! , " ;F lrll:l(lt TAIL:T a 31,37 C BASEI�lflt CF SURAY q JGAt DESCIN)TI011 FOR PAfRCEJ- 9107A 7,PAGE A PORTION OF TRACT 8, GOIOEh GATE FSTAl[S, U1411 29 AS RECORDCD III PLAr DOCK 57 01- IIIE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SIIUATC Jfj sEcriot-4 3o. M0151il1' 49 SOUTH, RANGE 26 FAST, COLLIER COUNTY. FLORIDA BE4413 MORE PARliCIAARLY DESCH,UED AS FOLLOWS. COMMENCE AT THE SOU1HEAST CORNER OF SAID TRACT B, THENCE N CO -2751 W ALONG THE EAST LfHE OF SAID TRACT 8, A DISTANCE OF 319,00 FEET; )HEI4171 S 89'-12 09 'W . A DISTANCE OF 40 U0 FEET To 711E PCItLT OF 13,ECINNING; THENCE S.a9'32'IJ9_W., A DISTANCE Or 30 00 FEET; THENCE 11 CO 27'51 'yj A 0IST.AlIcE OF 15 00 FEET; THENCE N.89'32'09'1 , A DISTANCE Or 30M FEEr; TIIENCE S 00'27'51-E . A I)iS-Ar4CE ff 15 00 FELL TO THE POINT OF BEGINNING; CONTAINIHIS 450 SQUARE FEET, MORE On LESS BEARNGS AAE BASED ON 110WH A•AFACAN D.JUII A. 114 AD.) 1918 -1990 ADn SMIIF STAn 0[ SKETCH & DESCRIPTION ;;IDLY NOT A BOUNDAR'l SURVEY SCALE 1 "-8j, ftEc,srn.,iIo,, ct,,,j: GIlllc DATE 17 _/ 1� FOR: COiLICH COUNTY G0.ERIj6jEIjT BOARD OF Coo,ily C(tr.,j, 551UNERS 1.10E Qftli% r.uossia 3ra or AGENDA AG ED PROF15510,,Ai 5114V1,Cr ITEM GOLDEN GAII", PARKWAY MPROV NO. SHE'l(Al k, DESCIM"JIL)II OF: A 15' 1�11)F ANCHOR EAS F: III ENT ff, OCT PARCrI. 1307A cvl� [PNO OC 14 2003 "Itiva, suit COLIALF! CUUMY, PLOHILIA d 17U El,PI.UjtIDA3.IU4 I I;A "It 1109 F., J94 1) 64'-) 7U56 JOB I'lult-FIER iEVISK)N LB NI,m 6,jil pg. 01 -00151 1 L1TE DRA;0 I F3Y I'll Eti��J,AME SlILEl g. 16 -01 RLC C-0 15 9 U 71 1 OF I IjOrx tic),: sm, 18 21", A"JIf ('14-cls 02\01 (JwSt 1. FARM No 4,� o-1 f3 TRACT 7 EXCLUSIVE ANCHOR EASEMENT EXHIBIT_ _.. o� .__......_....._�...d.�,___..�. Pala r' _of I � � O n - --- �1. — II 1: \[11111'1' fl r J7u (1't cll Gf)LDEI1 GA1F ESTATES tlllll 29 Plnl IWUN 7 Pe CE 51 Cf11MIC11 (lll 2929,1110 5' WIDE ANCITOR EASpLIAEl IT PARCEL 9010 � II 097f "(I E !11 UO' N 00'27'51 yr 5.Un� 5 89'32'11` Vr / en1rnn( OII IO /li [6/ i 1 3I I Pours Of u[clruwlc a 5 ccc7'.7of- 13 uU j 40' E9'32121" W 1 � �I of -- I sul I I� IRACI !3 P Ov05[D RiC:I( -Of -WAY —\ fi0w ,[9 lrr'il°SIUir ��C,(C— _ 5015P w SIDf WIlx / Bvf c111r — WEAS IMO BS./op I U�'USEUUI7 S./op 1 Pnlr1T nc A I 0"" TIM EnSCIJ(I /l PEIt PIA( GOLUEII GATE PARKWAY (CR BUD) COEn.IC1H:(LIEnr 1r �w fcm.(R t I 1 i0A;;1 8 inecI OlEli ) N 8931'37' E UA5E 11 OF 56'gvET a _ -- - -� - - -- - LEGAL DLSCHIPTIOIJ FUR PARCE(. 9u7B A PORTION OF TRACT 8, GOtDEII GATE ESTATES, UNIT 29 AS RECORDED IN PIAI BOOK T, PACE 57 OF THE PUBLIC RECORDS OF COLLIER COUtITY, FLORIDA SHUAIC ITV SECTION JO, IOWHSHIP 49 SOUIII, RANGE 26 EAST, COLLIER COUPIIY, FLORIDA BE114G MORE P'ARIIC(ILARI -Y DESCRIBED AS FOLLOWS. COMMEIJCE AT THE SOUTHEAST miNER Or SAID IRACT 8, THENCE 1100'27'51 "W., ALONG THE EAST IINE OF SAID TRACT B, A OISTAI•!CE OF 480.80 FEET; THENCE S39'32'21 "14., A DISTANCE OF 40.00 FEET, TO THE POINI OF BEGINNING; THENCE S OO'27'51 "E., A DISTANCE OF 500 FEEL; THENCE S.B9'32'21 "W., A DISFAME OF 30.00 FEET; THENCE N 00'27'51 "W., A DISTANCE OF 5.00 FEET; THENCE N 89'32'21 "E., A DISTANCE OF 3000 FEET, TO THE POINT OF BEG)NNIN(3; CONTAINING 150 SQUARE FEET, I.IORE OR LESS. OCM'n -1 M[ Rn5fl) On NONIn nI.LR'.Cnu 1—- 1-1)) 12611 I29O eOJUSI U[II, s'— —." ccono°mtE ,IM, Ioewl run rwnro.. I +sr Ion C. 0 4o no IEV SKETCH & DESCRIPTION —� —p�� E- ONLY {� -- "-- -- ��- -- - - --- NOT /'� O"� -f�_ • ✓C-� .ICr.ul aD� A B(IUIJUARY SURVEY 5CAlE 1'-)110 rnmrsswrw sunvnal t unvrfe iloWDA nicsrnumn reamr.r[ No. ;7oi FUR: COtLfiR S,CII:Nr.. ME. COUNTY GOv[Rr'I.IENF UOARn OF COUOrY (:Ol.rt•I15510NCR5 `' "i °n II-$O 11 �( ONIG'IIAI SI IUI.0 4 n +ISI II °r,nn.p+ E rl.Bn[S[D lln\ O! nt OISfLXt l7 1'ROEf SSiUVk tLllR[(:'n JNII rl+rvfre_ CUL1)L'!J GATE PARIMAY II11'Ii0V1iF11aJfS —•- St(E'I'CII & UESCRII''I -ION OR: A S. 1)ItIP: MCHON EASLIML•'N'I' T�T pl,ti,AIII;N�, PARCi31. 00711 COLLIER COUNTY, lI,O,,IN,1 7 °sorlou,nnonsemloeoRlee.sunxnu nnrL.ES. Fl UnmA I.M rli I�II)[ey.1799 Fes I9 4I)649. 7o7t I JOB MI. HER REVISION SEC1i01f i(x'rr1511u� ,InI.IC t — WNo: 6972 11 OI -C) I7 2 E CALr DA URatsN BY Fi(E rdnLlF SI iEEf I 3(I 'l9 b t - tSU' 3- Ilt -n7 ,"' On 155'I,eu 7tl 1 OF I rr10Fx N[l: S- 18. 70G7 - 119 an ns 1 ....�,I r'••rccls rr +nr IN.r - ��' 5 \tl,.n \ /I...rr.r rte... n- %f l/ \nnr i \I�4il!II •I... AGENDA ITEM NO. OCT 14 2003 Fg. EXECUTIVE SUMMARY APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPLATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION OF PARCEL 170 IN THE LAWSUIT STYLED COLLIER COUNTY V. ISMAEL GONZALES, ET AL., CASE NO. 02- 2159 -CA (IMMOKALEE ROAD, PROJECT NO. 60018). OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 170 for the Immokalee Road Project (Wilson to 43rd Street) in the lawsuit styled Collier County v. Ismael Gonzales, et al., Case No. 02- 2159 -CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Immokalee Road Project No. 60018 (Wilson to 43rd Street). On September 16, 2002, Collier County deposited with the Registry of the Court the sum of $10,500.00 for Parcel 170 in accordance with the Order of Taking. A Mediation Conference was held on September 8, 2007 'n which the parties reached a settlement agreement whereby the property owners, Earl E. Lightcap. Jr. and Barbara C. Lightcap, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002 - 12.5). The terms of the Mediated Settlement Agreement (attached as Exhibit "A ") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $19,375.00 to be paid to Respondents in full settlement of all claims for compensation including statutory interest, but excluding experts' fees and costs. Petitioner shall also pay the additional sum of $2466.75 as statutory attorney fees pursuant to Section 73.092, F.S. The Mediated Settlement Agreement requires Collier County to pay an additional amount of $11,341.75 equaling the balance of full compensation and the attorney's fees. FISCAL IMPACT: Funds in the amount of $11,341.75 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the expenditure of funds as stated; 2. approve the Mediated Settlement Agreement; and AGENDAI NO. OCT. 14 2003 3. approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. A SUBMITTED BY: �—' — Date: G Z b Heidi F. Ashtq Assistant County Attorney REVIEWED BY: — evin �n�r s, ROW Acq n Manager Transportation /ECM/ROW REVIEWED BY: Y--- Gregg Strakaluse. P.E., Director Transportation /ECM REVIEWED BY: { Norm Feder, Administrator Transportation Division APPROVED BY: David C. Weisel. County Attorney Date: -Z5 03 Date: Date: U Date: /0/-. �3 AGENDA ITEK� N0. OCT 14 2003 Pg. ►_ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02- 2159 -CA Petitioner, v. Parcel No.: 170 ISMAEL GONZALES. et al. Defendants. MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on September 8, 2003, the parties reached the following Settlement Agreement: 1. J Petitioner will pay to Defendant(s). ►-1 1- fUk&MQ. J► Cry-1 ixb r bo ►-u C, . L i C744-z--0)q the sum of 0 /9 3 7 hoc, in full settlement of all claims for compensation from Petitioner ,vhattsoLever, including statutory interest, but excluding experts' fees. and co�sts.� J ;7i T1 T 1G7u� S /�R %�y fit+= uul,[IT�C7Cf��7u��ra�, �f�� •17 ? /ci /GITL'� i� C a�, �GIx7� co c 2. Petitioner is entitled to a credit in the amount of -0 /0, S �0, rop � which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. C� 3y1. 7So c 4. Petitioner will pay Defendant(s) the balance due of =� within 3_ days of the actual date of receipt by Petitioner's counsel of a certified copy of the aforesaid Stipulated Final Judgment from the Court. c 5. This Agreement is subject to approval by the Boar d of County Commissioners of Collier County. AGENDAITE N0. OCT 14 2003 L' 6. The Court will retain jurisdiction herein as to the matter of Defendant's(s) attorney's fees, experts' fees, and costs. 7. Attached hereto is an addendum to this Agreement. 1'/ Yes No 8. This Agreement and the attached addendum, if any, contain(s) all of the agreements of the parties. Petitioner Attorney for Petitioner Hoff ,( M iator Defendant Rap 2 c-;- 3 AGENDA ITEM N0. OCT 14 2003 Pg. — ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: Cc III-e- r- ( 0yo 5/ a //0 w a rr VdI / a'dar 6f cuss f P /P_rl a��tC�E�r ,r'1 c�l��/ o/o �Wo k/�e ACId �� 7o k, Z�pt°'n- kr1'^/I,I / 145 (f-7'/— <L Petitioner Att o y for Petitioner HE F A- :)H►�r.� iator Defendant D fendadt Defendant(s) AGENDA ITEM N0. OCT 14 2003 Fg. _, C______ EXECUTIVE SUMMARY APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPLATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION OF PARCEL 172 IN THE LAWSUIT STYLED COLLIER COUNTY V. ISMAEL GONZALES, ET AL., CASE NO. 02- 2159 -CA (1MMOKALEE ROAD, PROJECT NO. 60018). OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 172 for the Immokalee Road Project (Wilson to 43`1 Street) in the lawsuit styled Collier County v. Ismael Gonzales, et al., Case No. 02- 2159 -CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Immokalee Road Project No. 60018 (`'Filson to 43'd Street). On September 16, 2002, Collier County deposited with the Registry of the Court the sum of $66.300.00 for Parcel 172 in accordance with the Order of Taking. A Mediation Conference was held on September 8, 2003 in which the parties reached a settlement agreement whereby the property owners, Ronald and Phyllis Combs, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002 -125). The terms of the Mediated Settlement Agreement (attached as Exhibit "A ") %vill be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $93,000.00 to be paid to Respondents in full settlement of all claims for compensation including statutory interest but excluding experts' fees and costs. * Petitioner shall also pay the additional sum of $5940.00 as statutory attorney fees pursuant to Section 73.092, F.S. The Mediated Settlement Agreement requires Collier County to pay an additional amount of $32,640.00 equaling the balance of full compensation and attorney's fees. FISCAL IMPACT: Funds in the amount of $32,640.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the expenditure of funds as stated; 2. approve the Mediated Settlement Agreement; and AGENDA ITEM N0. --j fa, 1c� OCT 14 2003 Pg. 3. approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. SUBMITTED BY: _ Date: /b Heidi F. As on, Assista . County Attorney REVIEWED BY: Date: evi Hen cks, ROW isition Manager Transport ation /ECM /ROW REVIEWED BY: / ; j �'.i _ Date: Z Greg Strakaluse, P.E.. Director Tran sport at1on/ECM REVIEWED BY: /' _ Date: Norm Feder, Administrator Transportation Division C -'� z_j "�- Date: APPROVED BY: — David C. Weigel, County Attorney AGENDA ITE NO. 0 C T 14 2003 Pg. � IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, V. ISMAEL GONZALES, et al. Defendants. Case No.: 02- 2159 -CA Parcel No.: 172 MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on September 8. 2003. the parties reached the following Settlement Agreement: r //�� / 1. Petitioner will pay to Defendant(s), PO +1a 0)101d t "10 C1i1(,( the sum of ,0 C . a'i -) in full settlement of all claims for compensation fr -m Petitioner whatsoever, including statutory interest, but excluding -" --ga#'a ` es. experts' fees, and costs. ><, o ►� e� se 11 pay � adds- h0laC %suj" -7`� 5 9 0, C�o0 as uH�rni ,y --1ii5 purSua;J fo ,A'&; n 73. OU, rkrlYq i;�-- ' t? 3Cr' ` 2. Petitioner is entitled to a credit in the amount of ' oC which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. 1 4. Petitioner will pay Defendant(s) the balance due of '03 9�0. iae� within :?( days of the actual date of receipt by Petitioner's counsel of a certified copy of the aforesaid Stipulated Final Judgment from the Court. 5. This Agreement is subject to approval by the Board of County Commissioners of Collier County. AGENDA ITEM,�— NO. OCT 14 2003 Pg. 3 6. The Court will retain jurisdiction herein as to the matter of - Defendant's(s) attorney's fees, experts' fees, and costs. 7. Attached hereto is an addendum to this Agreement. Yes V No 8. This Agreement and the attached addendum, if any, cor�tain(s) all of the agreements of the parties. � ?J1 "-0 Petitioner Attorney" for Petitioner 2 i iator 2 Be AGENDA ITEM N0. 0 C T 4 2003 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENTS RELATIVE TO THE FEE TAKING OF PARCEL NO. 152 IN THE LAWSUIT STYLED COLLIER COUNTY V. TECH FOUNDATION, INC., ET AL., FOR THE GOLDEN GATE PARKWAY PROJECT (PROJECT NO. #60027). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgments as full and final compensation to be paid for the easement acquisition of Parcel No. 152 in the lawsuit styled Collier County v. T.E.C.H. Foundation, Inc., et al., Case No. 03-2499 - CA for the Golden Gate Parkway Project (Project No. 60027). CONSIDERATIONS: On September 12, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Perpetual, Non- Exclusive Road Right of Way Drainage & Utility Easement designated as Parcel No. 152 for the Golden Gate Parkway Project (Project No. 60027). Through negotiations the parties have reached a settlement agreement whereby the property owners will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2003 -37). The terms of each settlement agreement are set out in the attacl ' Stipulated Final Judgments. The Stipulated Final Judgment provides for Nine Thousand Eight Hundred and No /100 Dollars ($9,800.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcel 152. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Seven Hundred and No /100 Dollars ($700.00) ,vith the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgments and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $700.00 are available in the Transportation Supported Gas Taxes and Impact Fee funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgments; 2. Approve the expenditure of funds as stated; and 3. Direct staff to deposit the additional sum of $700.00 in accordan Final Judgments. NO. OCT 14 2003 Pg. �— . SUBMITTED BY: Date: Ellen T. Chadwell REVIEWED BY: REVIEWED BY REVIEWED BY: APPROVED BY ROW Acquisition Manager "Tr�ds Ow �- Gregg Straka use, Director Transvortation/ECM Normjn Feder, Administrator Transportation Division i, David C. Weigtj, County Attorney 2 Date: f-22 —03_ Date: Z' Q Date: 3 Date: 11b)—l' AGENDA ITEM / N0. JG','�. -P 0 C T 14 2003 Pg. l IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, v T.E.C.H. FOUNDATION, INC., et al., Respondents. Case No. 03- 2499 -CA Parcel No.: 152 STIPULATED FINAL JUDGMENT rV L7 C THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, ANDREW J. SZMIGIEL, A MINOR, by and through his mother and natural guardian. Sophie Szmigiel, for entry of a Stipulated Final Judgment as to Parcel No. 152, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, ANDREW J. SZMIGIEL, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, ANDREW J. SZMIGIEL, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Four Thousand Nine Hundred and No /100 Dollars ($4,900.00) for Parcel No. 152 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it i fur NDA ITEM NO. / 1, 0CT 1 11 2003 Pg. �3 ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 152; it is further ORDERED that Petitioner, COLLIER COUNTY, shall pay the sum Three Hundred Fifty and No /100 Dollars ($350.00) within thirty (30) days of the date of this Stipulated Final Judgment, to Respondent, ANDREW J. SZMIGIEL, a minor, made payable to Andrew J. Szmigiel and Sophie Szmigiel, 192 Poplar Street, Chicopee, MA 01013 -1002; it is further ORDERED that the Clerk of this Court shall disburse within five (5) days hereof the total amount of Four Thousand Five Hundred Fifty and No /100 Dollars ($4,550.00) to Respondent, ANDREW J. SZMIGIEL, a minor, by and through his mother and natural guardian, Sophie Szmigiel, made payable to Andrew J. Szmigiel and Sophie Szmigiel, his mother and natural guardian, 192 Poplar Street, Chicopee, MA 01013 -1002; it is further ORDERED that title to Parcel No. 152, a Road Right of Way Drainage & Utilit; Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 12, 2003, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 3318, Page 2178 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 152; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED at Naples, Florida, this day of LAWRENCE MARTIN Circuit Court Judge 2 2003. AGENDA IT M I _ N0. l OCT 1 h 2003 Pg. Conformed Copies to: Ellen T. Chadwell, Assistant County Attorney Lorraine Marsh Andrew J. Szmigiel Sophie Szmigiel JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, by and through its undersigned attorney, together with Respondent, ANDREW J. SZMIGIEI., A MINOR, by and through his mother and natural guardian, Sophie Szmigiel, respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel No. 152. Dated: September . 2003. tiL-•' l+ ANDkEW J. SZMIGI L. a minor S 60-A-fff SZMIG , Mot r an natural guardian of Andrew J. Szmigiel 192 Poplar Street Chicopee, MA 0'_013 -1002 (413) 594 -6344 – Telephone RESPONDENTS 3 Dated: September 2—, 2003. j 115, ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 239/ 774 -8400 - Telephone 239/ 774 -0225 – Facsimile ATTORNEY FOR PETITIONER AGENDA ITEM /..__ N0. i 6. � b OCT 14 2003 Pg. S CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Joint Motion for Stipulated Final Judgment has been furnished by U.S. mail to the parties set forth below. Lorraine Marsh 425 Holyoke Road Ludlow, MA 01056 Andrew J. Szmigiel, Sophie Szmigiel 192 Poplar Street Chicopee. NIA 01013 -1002 4 Ellen T. Chadwell, Esq. AGENDA.ITE N0.— IL? OCT 14 2003 pg. I } 125 )r'(�?��11, L 1 TRACT 75 EXHIBIT /1 - 330IPlr.I, __ -- SVII-ILL SAIR41CAt IDRO• JO OR 1360/1573 OR 2275/2336 0 S TRACT 82 GOI C N GATE ESTATES UNIT 30 F I I BOCK) Pr•GE 5e PERPETUAL, NON- EXCLUSIV CAD RIGHT -OF -WAY, DRAIN, ` AND UTILITY EASEMENT I PARCEL 152 6,144 sq. 11. P011Ir 'J) �� bEGII;t:trlG \ S., BP C4 c4t ,J - 89'31'37 W 149 66 I'�I!Jf GF C III!Cft Tfr�:'f F7 Y %— ExlSm.c w:�:.Lr E -< „ua oEOCaEO to llE FE :FCI',:.v L ">E Gf TIIE PUBLIC, PER LEGAL DESCRIPTION FCR PARCEL 152 A PUhl101i OF 11iACT 82 GGLDEt! Gf,IE LSTA ?ES, UthT 30 AS RECORDED I!I 1)LM BOUn 7, i'.GE 1_18 %F IiJE PUELiC RECORDS OF COLDER COUI&t. FLORIDA SITUATE IPJ SECUOti 2'3. TC'.1'JJSr,IP 49 SOUTH• RAIJGE 26 EAST, COLLIER COUI ;T•f• FLORIDA 3E&FC1 LORE PARTICULARLY DESCRIBED AS FOLIO:'I'S COULIEME Al THE SOUTHWEST CORNER OF SA0 TRACT 82; THENCE N.00'27'49 "V;., ALONG HIE 'NEST L.,JE CF SA!D TRACK 82, A DISTANCE OF 5000 FEET, TO A POINT ON 1HE NORTH LINE OF A EASEIAEtJT (1GO' WIDE) AS PER SAID PLAT A.ND BEING ME POINT OF BEGINN!NG, JHEtICE CONTI!IJE I1.0O'27'49'N_ ALONG THE SA!.D WEST LINE, A DISTANCE OF 41.00 FEET; 1HEHCE LEA' 114C 711C SAID WEST LINE, 11.89'31'37 "E., A DISTANCE OF 149.86 FEET, 10 THE EAST LINE CF LAND DESCRIBED It] OFFICIAL RECORDS BOOK 1360. PAGE 1573 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S C0'27'54 °E, ALONG THE SAID EAST LINE, A DISTANCE OF 41.00 FEET, TO A POINT ON ll;E SAID NORTH UNE; THENCE 589'31'37 "W_ ALGITG THE SAID NORTH LINE, A DISTANCE OF 149.86 FEET, TO THE POINT OF BEGINNING, AGENDA ITEM �,0!viArrIING 6.144 SQUARE FCET, MORE OR LESS CT I If 2003 _ LINE TABLE _ _ _ Lit IE_ BEARING LE11Gl,I L1 IIOG'T7'43' "W 5C.00 L2__ tIUO'2T 49'W 41.00 I SDO'27'S4�E 41 0G TRACT 91 pFOPOSEU RIG1N- O( -w,;v � a` $w/BP - SIGEn <La „ or[ vAII, GOLDEN GAZE PARKWAY (CR 886) j t _ i•-- I- I- 6 >SEl4l GF S,:R'+Ev BE41t,1GS ARC Bn <_EO GU Naso, u.k RICAN p.tluU, R- VISIOIJ SECIlotl tOt'ruSEDP (IIAD) 1998-1990 SOJW EN7 SlnIE PL -1 Da-E y F01 ur,1:5 IEEE OP 1 ;.O,:RC "Ulf SrSIEU 0G 91D) IUR FLORIDA Er,S7 2J'IC 0 40 DO Ifit) °� p t7 f 15 1 " =80' ►°'�°'.�. ®ice 8�. �\ t.. -.-" . _ � .� SKETCH & DESCRIPTION ONLY scnLE: ) " =ao ROUER c uR 3R O. fiEf.ISIRF1G;1 ERI4ICAIE l0 5702. IIOT A UOUtIDARY SURVEY SIG >IiNG IItIE `a/ _ �Z. -•G7 Z q�l _,j) w 111UU1 IUC ,Y+i::INnL StGA^I1. R[ 6 ,"-ED ,ISEII LIANh SW SL ,'t U I 50ARD Of COUFJfy C0TA!AlSSIL1t4ERS n ft JNIUA R[GISt(NfU 1 iL5[IN�'.t SIIMA tOR nt,U a <ER GOLDEN GATE PARIMAY 1N11'ItOVI:GIRN'I'S U IX/A Slip °FC1I k llESCItIY'I'ION OF: PERPEALIAI„ 1,1014- EXLLUSIVE ROAD NSIII:IINI. RIGHT -OF' -WAY. DI(UNAGR AND U'TILI'TY GASENIEN•C )DSU FIORTf11IURSESIIUf: DI21V1 =, SVI I L 770 PARCEL 152 NArt.CS FE ORI0A )4tw 1'h. ('Lt l) 649.15139 F.. (941) 649 -71356 COLLIER COUNTY FLORIDA LB Nn: 6952 NUMBER R- VISIOIJ SECIlotl tOt'ruSEDP R -1,iGE SCALE Da-E y F01 ur,1:5 IEEE OP 1 ,TOR IC1- U015." 2 29 43 15 1 " =80' 9 -21_02 t?LC OUISSRt- 1 1 II LDEX NO. 5ep 24, 1002 - to 5901 P. \L.,J V--l- R2 \0l -DU 15 \J +q \f rased Fecs 5- 26- 02 \0O15Sic I52m,9 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, V. T.E.C.H. FOUNDATION, INC., et al., Respondents. Case No. 03- 2499 -CA Parcel No.: 152 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, LORRAINE MARSH, by and through her undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 152, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, LORRAINE MARSH, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, LORRAINE MARSH, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Four Thousand Nine Hundred and No /100 Dollars ($4,900.00) for Parcel No. 152 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 152; it is further AGENDA ITEM NO. 1L K OCT 2q3 Pg. ORDERED that Petitioner, COLLIER COUNTY, shall pay the sum of Three Hundred Fifty and No /100 Dollars ($350.00) within thirty (30) days of the date of this Stipulated Final Judgment to Respondent, LORRAINE MARSH, 425 Holyoke Road, Ludlow, MA, 01056; it is . further ORDERED that the Clerk of this Court shall disburse within five (5) days hereof the total amount of Four Thousand Five Hundred Fifty and No /100 Dollars ($4,550.00) to Respondent, LORRAINE MARSH, 425 Holyoke Road, Ludlow, MA 01056; it is further ORDERED that title to Parcel No. 152, a Perpetual, Non - Exclusive Road Right of Way Drainage & Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 12, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 3318, Page 2178 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 152; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore day of DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this , 2003. LAWRENCE MARTIN CIRCUIT COURT JUDGE Conformed Copies to: -�-- - Ellen T. Chadwell, Assistant County Attorney AGE14DA ITEM !'4�7 Lorraine Marsh, Pro Se N0. Andrew J. Szmigiel, a minor, by and through OCT 14 70"3 his mother and natural guardian, Sophie Szmigiel 1 6 2 Pg. , JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, by and through its undersigned attorney, together with Respondent, LORRAINE MARSH, respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel No. 152. Dated: September, 2003. LORRAINE MARSH, PRO SE 425 Holvoke Road Ludlow, MA 01056 (413 ) 583 -6367 — Telephone Dated: September's , 2003. ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 239/ 774 -8400 - Telephone 239/ 774 -0225 — Facsimile ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Joint Motion for Stipulated Final Judgment has been furnished by U.S. mail to the parties set forth below. Lorraine Marsh 425 Holyoke Road Ludlow, MA 01056 Andrew J. Szmigiel, a minor, by and through his mother and natural guardian, Sophie Szmigiel 192 Poplar Street Chicopee, MA 01013 -1002 91 Ellen T. Chadwell, Esq. AGEIJJ ITEM N0. OCT 14 20 ,93 pg. 1 v I I_ l , EX111131'1' A } }o (nLAll �1 =D,J- PIIrC SAM 11CANDRO, JO 1989 -IS90 E'17 `,Ir.l[ ;',R''D) TOTO,, ILOai LAST Ao 30 OR 2275/2536 Pr3 g_ ' n TRACT 82 LID H GATE ESTATES UNIT 30 m.:[a c -rcrTRWCAI s •.+ rur :._PP[+ nowo� aLCis;acnon anlcn7E r0. 5roz.7 LAI Boot. 7 PAGE 5B vcnntL UCE !-�.� �7,1, U!lE T.BLE t�l) `. �J�I tl•.f . •rtL t I.II IE BLARING IENGIII LL N00'27 491Y 50 00 L2 1:00 "'7'49�N 41 00 l t L3 S00'27'54'E 41 00 TRACT 75 � ` � �Il PERPETUAL, hiON- EXCLJSIVE� KOAD RIGHT -OF -WAY, DRAINAGE L TRACT 91 AND UTILITY EASEL. ENT PARCEL 152 oI- E,144 99'31 37"N 149 86 GOLDErI (,ATE PARK IA'( (CR 886), -- - -_ - - -[�-- _ 0,s EL' E CF Sun:Er 1 -o.IIT 'F �. CC R r'ER „..,v e_ �_L —. -- -- — �� E FEixfEi'.,Ai L7E Ci 1, it PVSLiC FER .- - -- PIa, E'AC .1_ C� , �. i'r� . I rn- PLS[o nccllnl✓ -, Rlsa- of -,ui —� LEGA DESCRIFTi0C1 i-CR PARCEL 152 TI:ACT 82 G ✓LDEI: C- E J ST T k,t!j 30 AS PAGE Trlt ✓UGUC RECORDS OF C _AEI+ CG+,I�:T'i FLORIDA " IIJA'E �I! G 20 ' 7 -ICI I'.P 49 H, RAr:GE 26 E ST, COLLER CO 111'1 F CR1CA B-INGL RL3 DESC? �Ep AS 01 LCY's. COG:1.1E'iCE A.I' THE SOUTHI °;EST CON. ER OF SA!J TRACT 82; THENCE N 00'27'49 "PI_. ALGt':G IHE E5� LC!E OF SAID TRACT 82, A D6TAr;CE Of 5000 FEEL. 10 A POINT ON 1HE ':ORrt' LINE OF A ROAI-`NAY EtSEMEIJT (100' WIDE) AS PER SAID PLAT AIJD BEIrJG THE P0111T OF BEGIrdt;ING; IIEI:CE CONTI'IUE 11.00'27'49 "W., ALONG THE SAID WEST LIIJE, A DISTANCE OF 41.00 FEET; THEliCE LEA +iING THE SAID WEST ONE, 11.89'31 37 °E., A DISTANCE OF 149.66 FEET, TO THE EAST L114E OF LAUD DESCRIBED GI OFFICIAL RECORDS BOOK 1360, PAGE 1573 OF THE PUBLIC RECORDS OF COLLIER COMITY, FLORIDA,; THENCE S 00'27'54" E , ALONG THE SAID EAST LINE, A DISTANCE OF 41 00 FEET, TO A POINT ON fHE SAID NORTH LIIJE; THENCE S.89'31'37 "W— ALOIIG THE SAID NORTH LINE, A DISTANCE OF 149.86 FEET TO -HE POINT_ OF BEGIH!WlG AGE14DA'fTkM� � / CONTAINIt�dG 6,144 SQUARE FEET. f.10RE OR LESS- NO. _� OCT 14 2003 =D,J- PIIrC 1989 -IS90 E'17 `,Ir.l[ ;',R''D) TOTO,, ILOai LAST Ao 30 IfiO Pr3 g_ ' CCO�:CIt:t,li 51SIPT , p SKETCH & DESCWTICH ONLY " =BO' m.:[a c -rcrTRWCAI s •.+ rur :._PP[+ nowo� aLCis;acnon anlcn7E r0. 5roz.7 1�' I ;OT 60 iDAFI' SLRVEY vcnntL UCE !-�.� �7,1, t�l) `. �J�I tl•.f . •rtL t LCLl E. ,;.11' .,.i`E +:ILiENI 9(''AR;) OI �.,;U':IY _ ".IIJ >,IUPlERS tuna. ato SiCgDp _ u1 1'0.x .. - GOLDEN G.'Vh? I'Alib.1V,1Y' li•II'R(1A'E IEN'1'S T Slil'I'C11 & UFSCRII'i'IUI�' OF: I'LRPE'fIJ<11., TJOiI- LSlLU91A'I? RU,1U� 71 L R1GN'T -DF -WAY, DPAIN�AGE AND UTILTI'Y EASLb16:J1' 7 USUIOaT1II10R1ESI [or D11111.SlllCvu 1',11X1•,!. iJ.�. NnPL LS, FLORIDA 34111 (`111) fi -f 415'1 1 r, {941)14'1 -704 COLLIIiK CNi;i1Tl, F1,0LID:1 oN „_ossa JG, 1)Ut.10ER 'E: ^_IOn SECLOrI 7Ge,,:SruP R,r!GE Sr =LE D1TE DRA'1'1.1 �r El:f i.;.r.lE 1 1 :9 20 = 80' g__, _0_ p” (. UO:;;�:15� OF G1- OG15.11 �. 29 -- "ILCs iJQ: °e� Zt, -G:,C - 70`9.01 F:AL o,,,l Grgecls R2vC'- 9015Vde y \n;. +sr0 Fees 6- 26 -JeAv "0159(752. J.,g EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF ROAD RIGHT OF WAY AND DRAINAGE EASEMENTS DESIGNATED AS PARCELS .157A, 857, 157E IN THE LAWSUIT STYLED COLLIER COUNTY V. JOSEPH J. GUIDISH, JR., ET AL., CASE NO. 03- 2549 -CA (GOLDEN GATE PARKWAY) (Project No. 60027) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as to the full and final compensation due Respondents, Joseph J. Guidish, Jr. and Anne C. Guidish, arising from the acquisition of road right -of -way and drainage easements designated as Parcel Nos. 157A, 857, 157B for the Golden Gate Parkway Project in the lawsuit entitled Collier County v. Joseph J. Guidish, Jr., et al., Case No, 03- 2549 -CA. CONSIDERATIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the easement acquisition of Parcels 157A, 857, 157B for the Golden Gate Parkway (Project No. 60027). Pursuant to the Order of Taking, the County has deposited the sum of $25,400. Through negotiations the parties have reached a settlement agreement whereby the property owners will be fully and fairly compen:.:ted for the property interests taken for the public r--� purposes enumerated in the resolution of condemnation (Resolution No. 200' ) -37). The terms of the settlement agreement are set out in the attached Stipulated Final Judgment. The Stipulated Final Judgment provides for $33,800 to be paid to Respondents as full compensation for the property rights taken as to Parcels 157A, 857, 157B, together with a reasonable attorney's fee of $3,135, based on the initial offer of $24,300. The Stipulated Final Judgment further provides that Collier County shall pay an additional $8.400 to Respondents, Joseph J. Guidish, Jr. and Anne C. Guidish, C/o Kenneth A. Jones, Esq.. There are no other costs. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. 'FISCAL IMPACT: Funds in the amount of $11,535 are available in the FY 04 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: I . approve the Stipulated Final Judgment; -^ 2. approve the expenditure of the funds as stated; and Af�N�A _ _ NO. OCT 14 2003 Pg. 3. direct staff to pay the sum of $11,535.00 to the Respondents, Joseph J. Guidish, Jr. and Anne C. Guidish, C/o Kenneth A. Jones, Esq. SUBMITTED BY: Ellen T. Chadwe Assistant County Attorney REVIEWED BY: 2vin e ricks, ROW Acquisition Manager Transpprtatnn/RO W RE VIEWED BY. ✓`� Gregg Strakaluse, Director Transportation/ECM REVIEWED BY: Ivory Feder, Administrator Transportation Division Date: "36( Date: /G `/ - y3 Date: ;7 a 3 Date: 5 APPROVED BY: _ Date: AD David C. Weige , Co ty AQENOA NO, OCT 14 2003 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, V. JOSEPH J. GUIDISH. JR., et al., Case No. 03- 2549 -CA Parcel Nos.: 157A, 857, 157B Respondents. STIPULATED FINAL JUUGNIENT THIS CAUSE haying come before the Court upon Joint ;✓lotion made by Petitioner. by and through its undersigned counsel, and Respondents. JOSEPH J. GUIDISH. JR. and.-\\-\.'E C. GUIDISH. by their undersigned counsel, for entr-,. of a Stipulated Final Judgment as to Parcel Nos. 157A. 857. 157B. and it appearing to the Court that the parties are authorized to make such %lotion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, JOSEPH J. GUIDISH, JR. and ANNE C. GUIDISH, and the Court being othenyise fully advised in the premises thereof: it is thereupon ORDERED AND ADJUDGED that Respondents, JOSEPH J. GUIDISH, JR. and ANNE C. GUIDISH, have and recover from Petitioner, COLLIER COUNTY, the sum of THIRTY THREE THOUSAND EIGHT HUNDRED and No /100 DOLLARS (S33,800) for Parcel Nos. 157A, 857, 1578 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire p PeAGMA I E N0. OCT 1 4 2003 Pg. 3 taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that JOSEPH J. GUIDISH, JR. and ANNE C. GUIDISH, receive from Petitioner, COLLIER COUNTY, FLORIDA, for attorney fees pursuant to Section 73.092, Florida Statutes, the sum of Three Thousand One Hundred Thirty - five and No /100 Dollars (S3,135.00) for Parcel Nos. 157A. 857, 15713; it is further ORDERED that except as set forth above. no attorneys fees, expert witness fees or other costs shall be awarded in connection v-ith the above cause of action as it relates to Parcel Nos. 157A. 857, 157B; it is further ORDERED that the Court reser,-es jurisdiction for apportionment, if any, and to assess reasonable attorney's fees and costs in the event of apportionment: it is further ORDERED that the Clerk of this Court shall disburse the total amount of the sum of Twent-N, Five Thousand Four Hundred and No /100 DOLLARS (S25,400.00) to Respondents JOSEPH J. GUIDISH. JR. and : \NNE C. GUIDISH. c/o Kenneth A. Jones. Esq.. Roetzel & Andress. 2320 151 Street. Suite 1000. Fort Myers. FL 33901 -2904, less any amounts previously paid for the benefit of Respondents. JOSEPH J. GUIDISH. JR. and ANNE C. GUIDISH, and outstanding taxes. it is further ORDERED that Petitioner. COLLIER COUNTY, FLORIDA, shall pay the sum Eight Thousand Four Hundred and No /100 Dollars (58,400.00) within thirty (30) days of the date of this Stipulated Final Judgment.. to Respondents JOSEPH J. GUIDISH. JR. and ANNE C. GUIDISH, c/o Kenneth A. Jones, Esq., Roetzel & Andress, 2320 151 Street, Suite 1000. Fort Myers, FL 33901 -2904. it is further AGEN�T_._j NO. OCT 14 2303 pg. ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the sum Three Thousand One Hundred Thirty -five and No /100 Dollars ($3,135.00) within thirty (30) days of the date of this Stipulated Final Judgment, to Roetzel & Andress, c/o Kenneth A. Jones, Esq., Roetzel & Andress, 2320 1" Street, Suite 1000, Fort Myers, FL 33901 -2904 for attorney's fees; it is further ORDERED that title to Parcel Nos. 157A, 857, 157B, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 19, 2003, and the deposit of money heretofore made, are approved, ratified. and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 3353. Page 2422 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 157A. 857, 15713; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County. Florida. it is therefore DONE AND ORDERED in Chambers at Naples. Collier County. Florida. this _ day of conformed copies to: 2003. Circuit Court Judge Ellen T. Chadwell. Assistant County_ Attorney Kenneth A. Jones, Esquire Gail P. Reynolds Best Rate Funding Corp., a California Corporation AGE14DA , T M N0. _fJ OCT 14 23113 Pg. .�_ JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, together with Respondents, JOSEPH J. GUIDISH. JR. and ANNE C. GUIDISH, by and through their respective undersigned counsel, respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel Nos. 157A. 857, and 157B. Dated: September _1L. 2003- KENN Tr A. JONES. ESQUIRE Florid B No. 200158 Roetz & Andress 2320 ` Street. Suite 1000 Fort %,I,,-ers. FL 33901 -2904 239/ 338 -4206 239/ 337 -0970 ATTORNEY FOR RESPONDENTS Joseph J. Guidish. Jr. and Anne C. Guidish Dated: September . 2003. PA ELLEN T. CHADWELL. ESQUIRE Florida Bar No. 0983860 COU`NTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples. Florida 34112 239/ 774 -8400 - Telephone 239/ 774 -0225 — Facsimile ATTORNEY FOR PETITIONER AGEND I . — l NO. 0CT1s,203 4 Pg. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Joint Motion for Stipulated Final Judgment has been furnished by U.S. mail- to the parties set forth below. Joseph J. Guidish, Jr. C/o Kenneth A. Jones. Esq. Roetzel & Andress 2320 Pt Street, Suite 1000 Fort Avers. FL 33901 -2904 Anne C. Guidish C/o Kenneth A. Jones. Esq. Roetzel & Andress 2320 1" Street. Suite 1000 Fort Mvers. FL 33901 -2904 w Gail P. Reynolds 8365 Heritage Links Court # 1721 Naples. FL 341121 Best Rate Funding Corp.. a California Corporation 2901 McCarther Blvd.. Suite 1 1; Santa Ana. CA 92704 5 Ellen T. Chadwell, Esq NO. IT NO. OCT 1-4 203,03 pg. _1 1 PARCEL NO. 1_._43 PERPETUAL, NON-EXCLUSIVE p ROAD RIGHT -OF -WAy DRAINAGE �XHIBIT� AND UTILITY EASEMENT Page-11 of lff� -- --- --rr 0000—- - - - - -- - - - - -- 0000 -- 1,0-A fl•5l urr[ OF 5URVi r s i -- -;E -• -- 0000 -- --- - 0000-_ r.� _ r, tt R' .r.w (�� /. GOi_UFTT GATE PARKIYAY R BBfi)' nu[tExcE[IEnt — — - AJ.O.r,. test ui cr r!a Fur /FrE COFMIR r S1 ))IIII r TdACi 97 (-`• X POIIr OF I� SEC;iRw"G ri I� °I Vr1uVG5EJ RIGId- OF -v:AY �J � — �RI of 'j PERPETUAL, NON- EXCLLISNE F <()AU fW- AIT -OF -WAY DRAINAGE AN0 UTILITY EASL1.IEt'IT PARCEL 1578 E27n rq Il .c� Ir, t5.,1 - I 1 GOI UE (E LSTAI ES -..•E I r, utV 30 j 7 P-E nn L !R4CT ©; I TRACT 97 �,I CUjR'.'E T <9LE _ o ii 2626 on -- - -�- 0752 – I rs6 56_' 07 52 s I I.`C 7i -_.JOE IABlE ' • / - trc r:rr'.; RGIf`r,.t E.Si'r(r.c CEU .,1 r I II 5 G77 �6 E SD CD _ 11 u�E vtn�n'.a, EsE CE al:o.c [iii SDa 27'58'[ _ IB_LB I }-- 7"73 -± 16 E7 `59 W37 'E 150 27 "A oR C:u5E3 .i.r �'nl •1 P.G iI. or -••. _1 J{' /IIEA 1 Y- lit';. K, K. G.1 iL'1i; 11170 ;;R 29.0 /I23E { I I I i i I EUAL UESCR PIIOFI FOR PARCEL 1578 A 1'GRIIC'1 OF TRACT 92 GOIDEII GATE ESTATES, t,NIT 1D AS RECOi1OED I:+ Pt_AT OUDI< 7. PAGE SH OF TILE P�: BLIC RECORDS OF CO' -1 fEk COUr,1T. II OR, IN S�I,IATE RI SE C1 7. 29, 1GP: rlSHl' q'J S::U 111, RANGE 26 Er,ST, COMER CCI;I IY, FI OFi DA BEII IC MORE PAR TIC OL%.It',Y -E :U AS (c9 I Gt,S CUMMENCE AI TIIE r:ORTNEASI CORnER OF SAID TRACI 92; 1NE I;CE S O0 27'S 8 "E , ALONG THE EAST LINE OF SAID TRACT 92, A DISTANCE OF 50 DO FEET. 11 A PCIFII 0:1 11:E SCUTI( t111E OF A ROADYM EASEMENT (100' v7IUE) AS PER SAID PLAT At,D BEING TIIE POn:1 OF ELL;,jImIG; L.E110E CONIINUE S00'27'581. A I11S1ANC:E OF 01 08 FEET. 10 A POINT OF CURVATURE; TIIEIICE LFAL9I:G THE SAID JAS( UttE, 15013 FEET At OHG THE ARC W A IaCN- TANGENTIAL CIRCULAR CURVE TO THE LEFT RAVING A RADIUS 2929 CO FEET TliROUGH A CENTRAL ANGLE OF 02'56'58" AND BEING SUBTENDED BY A LIIOItD K'HICII BEARS N85'U7'S2"1'+., A O- STANCE OF 150.71 FEET, TO IHE VI[ST LINE OF THE EAST 15U 00 FEET OF "IDR DE SCITIBED IN (IFFICIAL RECORDS OUCH 2840, PACE 1256 OF 111E PUBLIC RECORDS OF COLLIER CDUtf1Y, FI DR DA; 111EnICE N 00'27'3019., ALONG THE SAID :';EST UI1E, A DISTANCE Of .IH 57 FEFT TU !!IE SA, SOIITII IjQE; TIf E ICE 1f. 89'31'37 "E , ALONG IIIL SA'.;I SJUIH LINE, A U.'STAIICE OF 15027 FEET, TO T [•P(]p1T(��77,j' 7 C,F'!'�•- CONTAINING 6,270 SQUARE FEET, 1d O!IE Uri LESS ^'� •'}J•• , 4(•9rrG1 ,Rf e•SEU Lrr .,JA1rr ♦i,F RBI.,. C•IJrI OCT 1 � �) 003 ( "•�) i50G-IGS] ♦J.1,Sr1,t "I Sl•I( r, •r,[ !J C]ox['i,.1E it Si ['+ G. rto"u. E•51 U L 10 ��I �U y�.�_ SKETCH k OESCRIPTIOIF CNL'f �r -- er, � 1107 A BOUNOARY SURVE'/ - - -- - - - -' 0'000- note+ a e.rri(( rnor[ssor..E s "nvtron r u1>vDl S 0,11 L' 1 -80 lJ�i'll, PEG 117 \131 FOR. COIUER COUNTT GOVFRrA1(1T 30.:RU OF CGLr.Tr CUr.l r.l'S ",nI;E RS (MIUEN i;A'fIS PAHEWAY IAII;ROVE'.TIU;'1'S - SKE'C( II h OL'SCY.I1'll')t1 (1F: "I'l(PEIIIAL. Ti(li;- EXCI.IISIVI: ROAD R1Gll1'- UP- 1SA }', DTIAMAGE AFI) U'I'N.ITV LASL.iIG;1'c PARCLI. 1s7u COLLIER COUNTY, FLOWI.E .:i.B Ian -18ER RE'.'.S rn: <_ECtIDn ro:vr;_ I� r Iuur,E 01 -0015 11 S 29 SCx1E n i 2.,n7 -s .0 11 r �, ' CCA Iir, C.IE r,G 1101 'UI •;•aJ ndn]11 n'r ORifr u\ SiG'4ruRE k R•isf0 O.DossEO sE • ,',n -• .resrnrro POOrI SS.Orla: Sugbf,ON 4W r.,cvEn 71TSr r A r.M meu NOR I N UO1.scsr l•u! uonL, SU.r ]tJ r+Arl E1. Ft EMMA 11;0. IY.I)61111U9 I.. (YI If 41Y /US1 _ 1 II Fly.. E9S2 C „tE ultal:':� 0r FRE tm.tE SIIEEf 7-75 -U2 (1 REC 0 ❑1551('57i1 I F I i PARCEL N0._�Lsa EXHIBIT A r'EkPl: I UAL. NON- EXCLUSIVE i�81QH � � O} � (I 1 DRAINAGE AND UTILITY EASEMENT -- - - -- -- -a ..�. �.,:�� ►31.x' 1; �" Jr ®� - - -- - - .I '—court of OL DEIf UAIE PARKWAY CR H11G INI C(1RtIfR_ — I'I _- 40.0,,.1 [- stl,[Ir rf. - .1 Ri— 92 Ie Ilfia'U5'I ) "E iluf.' ',119'!2 U C )C, IGG � `• \ -- I�0,11! ()f IS � z - 111 1 =np P(15;0 RIGIII �Uf -KAY— ILI ' 0 1RAt�r 92 to o Cot DFN GATE [STATES IQ11 o a ,I I1!ilt 311 PIA( 8C;J. Iy { Lq a 7I 2 i TRACT 81 ? — lo' 'rICI.IiiJI -- lux'- -'-'o`-' - UTI! (I ( EAti[LlEtll --- —t— I PARCFL B57 I —_ - -- - -T -� cn eo.Ln j IJ J_ I .2)rc„ 10 U.), II� I I I i � I UR 199/516 I CR 799/517 0 TRACT 97 1 S� 1 I EGA'.. DESCRIPTION FOR PARCEI, 857 A f-GRflotl OF IkAC1 92 GOLDEtl GATE ESTATES, Will 30 AS RECORDED IN PIAT ROD)( 7, PAi[ :i8 111` TfIE PL.GLIC R(COI11:5 OF COWER COUIIIY, FlORICA STf UAIE IN SECIIt)li 29, 10.,Id51RP 49 SQ,�III, RANEE 2 EAST, COLLIER COl11JIY, FLORIDA OE111G ttURE PARIICUI!'�LY . %ESC)2I[ w AS fOI.LOS'r5. coiMlEUCI- AT 111E IIORlIf1YE5T CORNER OF SAID TRACI 92; TIIENCE 500'27'30 "E.. ALOIiG 111E I'(EST LII IE OF SA,D 1RACT 92, A DIST.�I,CE OF 99.82 FEET; THENCE 11.89'32'30 "E_, A DISIA.NCE OF 10 01) FEET TO 111E Pom OF OECI11iitiG. THENCE 'x164'05'13 "F, A DISTANCE OF 11 08 fEFT; TI ?EIJCE S UD'2/'3D'E , BEIIJG 4000 FEET EASIERI.Y OF AhD PARAII -E-L 10 SAID YJEST LINE OF 1RACT 92, A TISTANCE OF 36-1.94 FEET; --- T111.I10E S_89'32'30 •N., A D',SIJ,IJCE OF 10.00 FEFT; AGEIDA11E• v ThEIJCE N.00'2730 +v., BEIN PARALLEL -50.00 EASIERLY OF AND TG SAID WE T LNO, OF TRACT 92, A UISTATICE OF 360.18 FEET TO 1HE POINT OF BEGINNING, CO11TA1111NG 3,626 SUIIARE FEE I, r,iCRE UR LESS. OCT %31,3 6[.na:GS .nl o•sn, un ..om„ ...... c.....• ., .• / �'.1 pAol ,�:u.,i�o .u,.s o•u,, s:.q r,...( 2011[. 40 logo . SKETCH b DESCRWTI0t1 OtiI.Y �M tJOT A 0(1 i111DARY S 'RVE( nogg c C. (I 1. Fnnr[sslowl sanv[rox a uwr[n SL:A!L. I • -III, r, tlxiU. nic�it I.A„ c[ar.f�c.lt v0. 6x09 fON C01I f li CO UN(l' GUVE 11nr.1E r,l j6 "HO OI C11,.n n551fln El<S , u u,m w�1.0,rr u4 Q.,,— 3, vn s [ usln Euxasan su! Or PPUIl!1SUA.. SIIndllCH Ul0 -FPrx GOI DEN l ;ATP, PARKWAY Illl'Rt)\'Ia.l 1.I1l S T rc'c SI(GTCII b OF:SCRWHOPI 01: A 10' 1110P. 0.1: S 11.E PAIiCEI. 057 1 1 -L 1070 HQnI It 110RSES1109 MIT sUITU 970 COUIER COUNTY, PIAM OA HAN I:S. P1(IRRIA)41o1 Ph 1941) $49 154,9 V..(941)649.70)6 _ Ln tl.:",I JOB 1 , 10 ER REV1510u SECI.�MI u;:erlSL•IP Rn; IGE 5('.ALE 11A(E ORAtV11 BV FOIE tIAIJE SHEEI 'I O1- ['1115 I7 2 22 n'1 26 1 "= 00 9 -Zb -u2 RFf. OOt55N U;i7 Ir JIiE% r.0 : 5- 26 2'x,12 - 12 �.2 n. ../ , ., it \t �. _ t2 \E, - n,.l ^. \,r..gl �,r tots 5 26 ':2 \OC,155rr M1'i',t..0 PARCEL NO. )57.4 ROADP RIGHT-OF-WAY, . NN- xCL SIVE AND UTILITY EAEMENT Page{` L of d - - I - ----- - ---- unsill-A OF 5uudY /COMEN GAIE PARKWAY (CR 866) / 9-c• 4r f.5(,iNEn Ilk P,AI I I I i ROPOSED F1GNI- OF- v+AY -- RPETUAI -, NON -EXCI IIiSIVE {) RIGHT- OF -W.4Y URANIAGE AN[l 11TILITY EASh.104T PARCEL 157A i ].427 •,I I1. I TRA('F 92 GOLDEN GAIE ESTATES ULI!( .'.D F1 A: (inun'7 rAUf SO — I� _ cuR;e TaDiE 'U+1 \E I.ENr.LI f1 AD'US OCl1A _cD_ CD 1 11151 2320 GO -, a'S 7' !,89'45 /9'lY 11493 4'„1]rinl l.sE��CIII CEG.CAIED 10 :(5' +ET`'A1 t,iE GI I,1E ILWI C V(.i LJ P, ♦7 IIUUR I PA'',E 55 `��L Pf1UPO6En •pl`;I T.a•, nG „1- CC -xAY FAI R!(: x, K. (iR t9iC!11!6 GR 7040/1236 LEGAI- OESCRIPTION FOR PARCEL 157A OA F—I T i TRACT 97 ��P ) Ilr _!F�.li !rr G A PORIION OF TRACT 92 ',C.e1E ;I GAIE ESIAIES. NIT 3D AS RECORDED IN PT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COIIIER CC1'.;r,It U PLAT STUATE IN SECTION 29. TOWNSHIP 49 SOUIII, RAMUE 26 EAST, COLLIER COUNTY, Fi_OFIIDn fiEI'::, .,RE /"ARiICOL -ABLY DESCRIBED AS FDL1.0'WS, CD)AMUICE Al TIIE : OMll •EST CORNER OF SAID TRACT 92, IIIENCE S 0021'30 -E., A(_ONG TLIE WEST LINE OF SAID TRACT 92, A D'Sl At ct:E CF 91 R2 1 E M THENCE LEAVING THE SAID WEST LV'E, N. 89'12'3U'E. A OISTANCE OF 30. CU FEET. TO THE EAST t,NE ;:F A ROADV /Ay EASLIAENI (60 PI.OE) AS PEI( SAID PIAT AND BEING THE POINT OF BEGINNING TItENCE N.00'27'3C 'A , ALONG TIDE SAID EAST LINE, A OISIANCE OF 49 8] FEET, 10 A POINT ON THE SOUTH LINE OF A ROADWAY EASEL +ErIT 11M IsICE) AS PER SAID PLAI; (HENCE N.89'31'37 "'E . ALONG THE SAID SOUTH LIME, A DISTANCE OF 149.90 FEET, 10 THE EAST LINE OF THE WEST 1 8 a DO FEET OF UAt,fl DESCRIBED IN OFFICIAL RECORDS BOOK 28-111, PAGE 1236 OF 1NE PUB13C RECUROS OF COLLIER COLINIY, FIORU".A IIIENCE S. CU'27'30 "E T,'E EAST LINE OF THE SAID WEST IBD.00 FEET, A UISIANCE OF 36.67 FEET, TO A POINT Oi' ClilT \'AT LIRE, ----- --�-0' W'�- -�-�- THENCE LEAVR2G 111E EAS1 UNE OF LIE SAID WEST 16000 FEET, 114.91 FEET ALONG 111E ARC OF kG84DAIlEy.7j�.� NOt:- .A;GE(IT1AL C'I1CULF'T CvR•,E TU TIIE IEFT IIAANG A RADIUS 2925.00 FEET THROUGH A C ITRINO!JGLE OF �y 0214'57" Atli) DEnG Sl:9TE r,l!E i) BY A CIICRO WHICH BEARS N 88'43'49 "N., A DISTANCE OF I1 1.93 FEET; TNE[ICE S.54'05'13 V/., A D.STAr;CE OF 3879 FEET. TO THE POINT OF BEGINNING. oc'f CONTAINING 5.422 5Ut1AT7E FEET, (TORE OR LESS. POINT Di' Pg. 1sa°- 990nmsn(m „ RAY co _� _.._..._ CLonG:AR Srs,I EA'U) ELF ILD-01 st IYIt _ •:••.-- �•.' u 40 E10 160 /�' " SKETCH k DESCRIPTION Or;lr L— -- NOT A [9011F10ARY SURVEY scAl t:. I -_no FL [N G 1 P n(t SSKINAI 9UnV[TllN Y U.PpEN c.cn.uA PECI�n• A-1.1 I'D vo4 zc,Aaa oUc FOR. COLI TER COIir+TY GOVE1 +'.'.41,1 U.; >: +;� i, r f.i)•,; Ilr (: (1t r:.11 5"-01 IL RS r.m .., u ,I nrt aarn,.Af mrvA1,m[ A Fsm ulnoss[u 11 rf Cann. nl r.'SI[niU rF+)rESS+U+N 9Un.ErD1 A+:O I�AGV[N GGI.DEN GATE PARKWAY 11,IFRD`.' E!tl"'' IS SlIM:11 b I)ESC1211'1INN OF. I'UPEWAL, NDIl- EBCIAISIVE ROAD •T�' \' RIGIIT -OF -WAY, DRAINAG1' AIM 1171111 N' FASHII -MF �s P n RCEI. 157A .5 C0111EiR COUNTY, FLOR11M fl, (9411649 -IfuP Vt(9411a497056 I No: 6952 JOB NIJIMER REVISION SEr.l'n„ 1U7:':vIP R -NGE SCAIF D:TE DRANN RY 01- 6015.11 3 21 J1 i fl e 1 " =OD o RLC F!LE rIAIJ� O(115JK 157A SHEET 1 Nt I y R(PE A ( i u rPE [sin [ ci , IRACi RI � � I I ` JJ � ! c L;:E TARIE � l !iE GEaRRIG IE�,GT�1 I. Cc - -iz r�cG zT•io-y 119 e� _119 S(1 I 'I I` f5 S64'0''1]',v I I I i ROPOSED F1GNI- OF- v+AY -- RPETUAI -, NON -EXCI IIiSIVE {) RIGHT- OF -W.4Y URANIAGE AN[l 11TILITY EASh.104T PARCEL 157A i ].427 •,I I1. I TRA('F 92 GOLDEN GAIE ESTATES ULI!( .'.D F1 A: (inun'7 rAUf SO — I� _ cuR;e TaDiE 'U+1 \E I.ENr.LI f1 AD'US OCl1A _cD_ CD 1 11151 2320 GO -, a'S 7' !,89'45 /9'lY 11493 4'„1]rinl l.sE��CIII CEG.CAIED 10 :(5' +ET`'A1 t,iE GI I,1E ILWI C V(.i LJ P, ♦7 IIUUR I PA'',E 55 `��L Pf1UPO6En •pl`;I T.a•, nG „1- CC -xAY FAI R!(: x, K. (iR t9iC!11!6 GR 7040/1236 LEGAI- OESCRIPTION FOR PARCEL 157A OA F—I T i TRACT 97 ��P ) Ilr _!F�.li !rr G A PORIION OF TRACT 92 ',C.e1E ;I GAIE ESIAIES. NIT 3D AS RECORDED IN PT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COIIIER CC1'.;r,It U PLAT STUATE IN SECTION 29. TOWNSHIP 49 SOUIII, RAMUE 26 EAST, COLLIER COUNTY, Fi_OFIIDn fiEI'::, .,RE /"ARiICOL -ABLY DESCRIBED AS FDL1.0'WS, CD)AMUICE Al TIIE : OMll •EST CORNER OF SAID TRACT 92, IIIENCE S 0021'30 -E., A(_ONG TLIE WEST LINE OF SAID TRACT 92, A D'Sl At ct:E CF 91 R2 1 E M THENCE LEAVING THE SAID WEST LV'E, N. 89'12'3U'E. A OISTANCE OF 30. CU FEET. TO THE EAST t,NE ;:F A ROADV /Ay EASLIAENI (60 PI.OE) AS PEI( SAID PIAT AND BEING THE POINT OF BEGINNING TItENCE N.00'27'3C 'A , ALONG TIDE SAID EAST LINE, A OISIANCE OF 49 8] FEET, 10 A POINT ON THE SOUTH LINE OF A ROADWAY EASEL +ErIT 11M IsICE) AS PER SAID PLAI; (HENCE N.89'31'37 "'E . ALONG THE SAID SOUTH LIME, A DISTANCE OF 149.90 FEET, 10 THE EAST LINE OF THE WEST 1 8 a DO FEET OF UAt,fl DESCRIBED IN OFFICIAL RECORDS BOOK 28-111, PAGE 1236 OF 1NE PUB13C RECUROS OF COLLIER COLINIY, FIORU".A IIIENCE S. CU'27'30 "E T,'E EAST LINE OF THE SAID WEST IBD.00 FEET, A UISIANCE OF 36.67 FEET, TO A POINT Oi' ClilT \'AT LIRE, ----- --�-0' W'�- -�-�- THENCE LEAVR2G 111E EAS1 UNE OF LIE SAID WEST 16000 FEET, 114.91 FEET ALONG 111E ARC OF kG84DAIlEy.7j�.� NOt:- .A;GE(IT1AL C'I1CULF'T CvR•,E TU TIIE IEFT IIAANG A RADIUS 2925.00 FEET THROUGH A C ITRINO!JGLE OF �y 0214'57" Atli) DEnG Sl:9TE r,l!E i) BY A CIICRO WHICH BEARS N 88'43'49 "N., A DISTANCE OF I1 1.93 FEET; TNE[ICE S.54'05'13 V/., A D.STAr;CE OF 3879 FEET. TO THE POINT OF BEGINNING. oc'f CONTAINING 5.422 5Ut1AT7E FEET, (TORE OR LESS. B[•x,e1G5 •F[ 9.S(0 Pg. 1sa°- 990nmsn(m _� _.._..._ CLonG:AR Srs,I EA'U) ELF ILD-01 st IYIt _ •:••.-- �•.' u 40 E10 160 /�' " SKETCH k DESCRIPTION Or;lr L— -- NOT A [9011F10ARY SURVEY scAl t:. I -_no FL [N G 1 P n(t SSKINAI 9UnV[TllN Y U.PpEN c.cn.uA PECI�n• A-1.1 I'D vo4 zc,Aaa oUc FOR. COLI TER COIir+TY GOVE1 +'.'.41,1 U.; >: +;� i, r f.i)•,; Ilr (: (1t r:.11 5"-01 IL RS r.m .., u ,I nrt aarn,.Af mrvA1,m[ A Fsm ulnoss[u 11 rf Cann. nl r.'SI[niU rF+)rESS+U+N 9Un.ErD1 A+:O I�AGV[N GGI.DEN GATE PARKWAY 11,IFRD`.' E!tl"'' IS SlIM:11 b I)ESC1211'1INN OF. I'UPEWAL, NDIl- EBCIAISIVE ROAD •T�' \' RIGIIT -OF -WAY, DRAINAG1' AIM 1171111 N' FASHII -MF �s P n RCEI. 157A 1u SU 1401tU1 NNR slisl7oE ou[vo, Sfll'1'E 216 NAP( ES, FLORMA 14164 C0111EiR COUNTY, FLOR11M fl, (9411649 -IfuP Vt(9411a497056 I No: 6952 JOB NIJIMER REVISION SEr.l'n„ 1U7:':vIP R -NGE SCAIF D:TE DRANN RY 01- 6015.11 3 21 J1 26 1 " =OD 7-YS-(12 RLC F!LE rIAIJ� O(115JK 157A SHEET 1 Nt I 1")rx N()' Clcl 11 . 2002 - 15 552 .,, r- rl,i1'\.I•�I \�,, , +. r1 ., +il��i„I" .,.r. '4.01 . EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO GOVERNING BOARD OF THE ISLES OF CAPRI MUNICIPAL RESCUE & FIRE SERVICES TAXING DISTRICT AND THE OCHOPEE FIRE DISTRICT ENTER INTO INTERLOCAL AGREEMENTS WITH INDEPENDENT FIRE DISTRICTS FOR THE PURPOSE OF IMPLEMENTING THE DUTIES AND OBLIGATIONS OF THE VARIOUS DEPENDENT AND INDEPENDENT FIRE DISTRICTS WITH RESPECT TO FIRE PLAN REVIEW AND FIRE CODE INSPECTIONS FOR NEW CONSTRUCTION, CONSTRUCTION PROJECTS AND EXISTING STRUCTURES WITHIN THE VARIOUS DISTRICTS. OBJECTIVE: That the Board of County Commissioners, as the governing body of Collier County and as Ex- Officio governing Board of the Isles of Capri Municipal Rescue & Fire Services Taxin(y District and the Ochopee Fire District enter into interlocal agreements with the independent fire districts for the purpose of implementing the duties and obligations of the various dependent and independent fire districts with respect to fire plan review and fire code inspections for new construction, construction projects and existing strictures within the various districts. CONSIDERATIONS: These agreements are essentially identical to prior agreements and are necessary to reflect that the duties as Administrative Dist} � t presently performed by the North Naples Fire Control & Rescue District are being assumed by the East Naples Fire Control & Rescue District. It is the opinion of County staff that the proposed level of accumulation for the contingency fund may be somewhat excessive and upon development of a methodology by the County, that an evaluation of the fund be undertaken by the County and the Fire Code Official's Office and appropriate adjustments be made to the contingency fund. Also note that the Agreements provide that on a quarterly basis, the East Naples Fire District shall provide to all parties a financial status report for the Fire Code Official's Office and on an annual basis an audit report for the Office. FISCAL IMPACT: None. The Fire Code Official's Office is funded through the fees charged for fire plan review and fire code inspections pursuant to the schedule found in Collier County Resolution 2001 -313. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners as governing body of Collier County, Florida and as Ex- Officio the governing Board of the Isles of Capri Rescue & Fire Services Taxing District and the Ochopee Fire District enter into the various interlocal agreements with the independent fire districts and direct County staff to work with East Naples Fire District to review and establish appropriate methodology to evaluate contingency fund levels and, if appropriate, bring agreements back for amendment. j CCT 14 2003 I SUBMITTED BY: Date: Robert N. Zachar ssistant County Attorney APPROVED BY: d afC Date: to -2-b3 David C. Weigel, County *Attomey h rnz% exsum- interkocala�—reements- firedist.I I r— 0 CT t2V'LJ INTERLOCAL AGREEMENT This Interlocal Agreement ( "Agreement ") is made and entered into by and between the EAST NAPLES FIRE - CONTROL AND RESCUE DISTRICT, a political subdivision of the State of Florida, hereinafter referred to as the "EAST NAPLES FIRE DISTRICT" and Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "District'. WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately and; WHEREAS, the EAST NAPLES FIRE DISTRICT and the District are public agencies within the meaning of the Florida Interlocal Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County; and WHEREAS, the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control District, have entered into an Interlocal Agreement with Collier County, dated: 1 -28 -03 for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and fire inspections for new construction, construction projects, and existing structures; and WHEREAS, said Interlocal Agreement between Collier County and the Fire Districts requires that separate agreements between each Fire District and the East Naples Fire Control and Rescue District be executed for the purpose of implementing the duties and obligations of the Fire Districts pursuant to that agreement and; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants and duties hereinafter set forth, the EAST NAPLES FIRE DISTRICT and the District formally covenant, agree, and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high- quality fire permit plan review and fire inspection process for new construction and construction projects by delineating the responsibilities of the EAST NAPLES FIRE DISTRICT and the District in order to enhance service to the citizens of Collier County. A further purpose of this Agreement is to implement the duties and obligations of the EAST NAPLES FIRE DISTRICT and the District, which are required by the Interlocal Agreement, dated 1 -28 -03 between Collier County and the Fire Districts. SECTION TWO: Definitions. The following terms as used in this Agreement shall be defined as follows: ASSISTANT FIRE CODE OFFICIAL - An individual who is employed the administrative DISTRICT and who serves in the absence of the Fire Code Official pursuant to this agreement. AUTHORITY HAVING JURISDICTION- The Fire Chief or his/her designee ( Fire Marshal, or Fire Inspector, or Fire Code Official) responsible for, and having final authority in his /her respective jurisdiction, in both new and existing construction (§ FS 633.121). FIRE DISTRICTS - The individual Fire and Rescue Districts operating within Collier County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples, Ochoppee, and Isle of Capri. FIRE CODE - The Collier County Fire Prevention Ordinance, the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standard, and any successor or amendment to the Fire Prevention Ordinance or either set of Fire Standards during the life of this agreement. I LP �- 1 C T 14 2003 3 FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and referenced in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes, Fire Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the Fire Code Official, the Assistant Fire Code Official, Fire Marshal, or Fire Inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL - The individual appointed by the Fire Districts and employed by the EAST NAPLES FIRE DISTRICT who is responsible for: 1. The accurate and timely review of building permit applications, plans and specifications for compliance with the applicable Fire Code and; 2 The performance of statutory functions of the Fire Marshal and Fire Code Official for fire plan review. 3. Providing Collier County with assistance in updating the Fire Codes and related ordinances. 4. Manage and over -see all employees and records of the Fire Code Official's office on a daily basis including time sheets and expenditures. 5. Provide training as needed to office staff and fire district personnel. 6. Present a preliminary budget to the fire chief of each district, and a final annual budget to the Fire Chief of the administrative district or his /her designee. 7. Participate as a member of the Collier County Fire Marshals Association. FIRE SERVICE STEERING COMMITTEE — A Florida corporation created 12`h day of March 1991 NEON CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair, or demolition of a building. SECTION THREE: Delegation of Powers. The District hereby authorizes the EAST NAPLES FIRE DISTRICT to exercise thr f•:,Ilowing poweas and duties on behalf of the District concerning the Fire Code Official's office: 1. To employ personnel upon review and approval of the Fire Service Steering Committee; 2. To lease office space; 3. To receive payments from Collier County; 4. To disburse funds: 5 To otherwise operate and represent the District with respect to review of building permit plans for compliance with the Fire Code; and 6 In conjunction with the Fire Service Steering Committee, establish and maintain a benefit package and to implement policies and procedures for the purpose of the operations and administration of the Fire Code Official's Office. SECTION FOUR: Inspections. The District shall be responsible for performing inspections and any necessary re- inspections of new construction and construction projects for which building permits have been issued. The District shall employ fire safety inspectors to perform all inspections on permitted construction projects. The fees for these inspections and re- inspections shall be collected by Collier County and paid to the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT, which shall distribute them in accordance with Section 5(A) of this Agreement. It is understood that pursuant to the Interlccal Agreement between Collier County and the Fire Districts dated 1- 28 -03. Fire Districts receive no payment from Collier County for their inspections of existing buildings within their districts. SECTION FIVE: Distribution of Funds. A. Inspections. The EAST NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire inspection fees collected on behalf of the District, The EAST NAPLES FIRE DISTRICT shall determine what portion of the fire inspection fees received from Collier County Building Review and Permitting Department 1C0 2 OCT ti 215103 y were paid for fire inspections in the District. A copy of the County's distribution listing by District shall be provided along with the check and the calculation sheet of the amount being remitted. The EAST NAPLES FIRE DISTRICT which shall distribute that determined portion including any interest to the District, less 1% of the total fees to cover administrative costs. The EAST NAPLES FIRE DISTRICT shall send the fee checks in the appropriate amount to the District within fifteen (15) days of receipt of the fees from the Collier County Building Review and Permitting Department B. Fire Code Official's Office. The funding mechanism for the Fire Code Official's Office is described in the Interlocal Agreement between Collier County and the Fire Districts, dated 1- 28 -03. Funds received by the EAST NAPLES FIRE DISTRICT from Collier County for the performance of the duties of the Fire Code Official's office shall first be allocated to the budget of the Fire Code Official's office. The. EAST NAPLES FIRE DISTRICT shall create a Fire Code Official's contingency account, in which it shall deposit the Inds received from Collier County for the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code Official's Office current year's budget. This contingency fund shall be allowed to accumulate in an interest bearing account to an amount equaling twice the current years adopted budget for the Fire Code Official. Within ninety (90) days of the contingency fund reaching the level of twice the current year's adopted budget for the Fire Code Official, the Fire Service Steering Committee shall evaluate and recommend that, if necessary, the County adjust the Plan Review Fee Schedule to maintain the contingency fund at that level. C. Fixed Asset All fixed assets of the Fire Code Official's Office shall be marked as property of the office and a copy of the most current inventory shall be provided to the District on an annual basis. Ownership of all fixed assets shall remain the property of the Fire Code Official's Office. D. Financial Reporting On a quarterly basis, the East Naples Fire District shall provide the District a quarterly financial status report for the Fire Code Official's Office and on an annual basis a copy of the audit report for the office. SECTION SIX: Fire Code Official's Budget. A. Budget Not later than May 1 of each year, the Fire Code Official shall submit a preliminary budget for the following fiscal year, to begin on October 1, and end on September 30, to each Fire district. The Fire Service Steering Committee and each Fire District shall review this budget and provide its comments and recommendations on the budget to the EAST NAPLES FIRE DISTRICT no later than July 1 of the year in which the budget is submitted. The EAST NAPLES FIRE DISTRICT shall consider the comments and recommendations of each Fire District during its consideration of the Fire Code Official's budget. The EAST NAPLES FIRE DISTRICT shall be responsible for adopting the final yearly budget for the Fire Code Official. B. Benefit Package The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish a benefit package for the employees of the Fire Code Official's Office. This package shall be approved by the steering committee, and will be considered portable when possible when any change in the administrating district occurs. Funding shall be from revenue included in a line item on an annual basis in the Fire Code Official's office budget. SECTION SEVEN: Fire Code Official Selection. Fire Code Official's Selection Committee. The Committee shall be formed to assist the Chief of the EAST NAPLES FIRE DISTRICT in the selection of the Fire Code Official. The committee shall consist of one (1) representative from each Fire District each of whom shall have one (1) vote on the committee. Each district shall independently determine its method for selecting its representative. The Committee shall create a job description for the Fire Code Official and publicize that job description and the required qualifications for the Fire Code Official, review all applications received for the position, conduct all testing of applicants and interview applicants. The committee shall recommend one (1) candidate for the position of Fire Code Official to the Chief of the EAST NAPLES FIRE DISTRICT by a vote of a majority of the members of the committee. The chief of the EAST NAPLES FIR 3 4 2003 5 DISTRICT shall consider the recommendation of the committee. The Chief of the East Naples Fire District may veto the choice of a candidate from the committee, but may not appoint a candidate without the approval of the committee. SECTION EIGHT: Employment, Performance Evaluations, and Disciplinary Action for the Fire Code Official's Office Employees A. Employment. The Fire Code Official's office employees shall be considered employees of the EAST NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures developed for this office. B. Performance Evaluation. A performance evaluation of the Fire Code Official shall be conducted not less than annually. The evaluation shall be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT, and the evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form. All Fire Districts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may submit one (1) evaluation to the EAST NAPLES FIRE DISTRICT. The evaluations of the Fire Code Official and related concerns of all Fire Districts shall be taken into consideration by the EAST NAPLES FIRE DISTRICT during its evaluation of the Fire Code Official. The Fire Service Steering Committee may from time to time make recommendations to the administrative district regarding the Fire Code Official's office. C. Disciplinary Action. EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code Official and staff. All disciplinary action shall be carried out in accordance with the policies of the EAST NAPLES FIRE DISTRICT. All commendations and complaints shall be directed to the Chief of the EAST NAPLES FIRE DISTRICT, with a copy to all participating districts. The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish policies, rules and regulations within one (1) year of executing this document for the employees of the Fire Code Official's Office. This package shall be approver' by the Steering Committee, and will be considered portable when possible when any change in the administrating district occurs. SECTION NINE: Termination or Amendment. This agreement shall remain in effect until terminated by either party. Either party may terminate this agreement with or without cause by providing written notice to the other party and to Collier County. Such termination shall be effective forty -five (45) days after receipt of said written notice. This agreement may be amended from time to time upon the agreement of both parties. Any amendment must be in writing and must be executed with the same formalities as the original. SECTION TEN: Notices_ Any notice made pursuant to this Agreement to the EAST NAPLES FIRE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to The following: East Naples Fire Control and Rescue District 4798 Davis Blvd, Naples, Florida 34104. All invoices shall be sent to the East Naples Fire Control and Rescue District. Any notice required or made pursuant to this Agreement to the District shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage paid, addressed to the following: Board of County Commissioners, Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112. Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: County Manager, Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida, 34112. ` Lo �vg` Of "T 14 2033 4 lam' SECTION ELEVEN: Entire Agreement. This Agreement contains the complete and entire understanding of the parties. SECTION TWELVE: Recording. In accordance with § 163.01 (11), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the Official's records of Collier County, Florida. SECTION THIRTEEN: Effective Date. This Agreement shall become effective upon its execution by the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT and the District and it's filing with the Clerk of Circuit Court. IN WITNESS WHEREOF, this Agreement was signed, sealed, and witnessed on the respective dates set forth below. Witness: �^-�'��'`-Gf' 41e- Witness: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Ro ert N. a ary Assistant County Attorney 5 EAST NAPLES FIRE CONTROL and RESC=E. �. hairman Printed Name: Thomas G. Cannon Date: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chairman INTERLOCAL AGREEMENT This Interlocal Agreement ( "Agreement ") is made and entered into by and between the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, a political subdivision of the State of Florida, hereinafter referred to as the "EAST NAPLES FIRE DISTRICT" and the Board of County Commissioners of Collier County, Florida as the Governing Body of the Isles of Capri Municipal Rescue and Fire Services Taxing District, hereinafter referred to as the "District". WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately and; WHEREAS, the EAST NAPLES FIRE DISTRICT and the District are public agencies within the meaning of the Florida Interlocal Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County; and WHEREAS, the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew island Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control District, have entered into an Interlocal Agreement with Collier County, dated: 1 -28 -03 for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and fire inspections for new construction, construction projects, and existing structures; and WHEREAS, said Interlocal Agreement between Collier County and the Fire Districts requires that separate agreements between each Fire District and the East Naples Fire Control and Rescue District be executed for the purpose of implementing the duties and obligations of the Fire Districts pursuant to that agreement and; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants and duties hereinafter set forth, the EAST NAPLES FIRE DISTRICT and the District formally covenant, agree, and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high- quality fire permit plan review and fire inspection process for new construction and construction projects by delineating the responsibilities of the EAST NAPLES FIRE DISTRICT and the District in order to enhance service to the citizens of Collier County. A further purpose of this Agreement is to implement the duties and obligations of the EAST NAPLES FIRE DISTRICT and the District, which are required by the Interlocal Agreement, dated 1 -28 -03 between Collier County and the Fire Districts. SECTION TWO: Definitions. The following terms as used in this Agreement shall be defined as follows: ASSISTANT FIRE CODE OFFICIAL - An individual who is employed the administrative DISTRICT and who serves in the absence of the Fire Code Official pursuant to this agreement. AUTHORITY HAVING JURISDICTION- The Fire Chief or his /her designee ( Fire Marshal, or Fire Inspector, or Fire Code Official) responsible for, and having final authority in his /her respective jurisdiction, in both new and existing construction (§ FS 633.121). FIRE DISTRICTS - The individual Fire and Rescue Districts operating within Collier County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples, Ochoppee, and Isle of Capri. FIRE CODE - The Collier County Fire Prevention Ordinance, the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standard, and any successor or amendment to the Fire Prevention Ordinance or either set of Fire Standards during the life of this agreement. (,n of% FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and referenced in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes, Fire Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the Fire Code Official, the Assistant Fire Code Official, Fire Marshal, or Fire Inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL - The individual appointed by the Fire Districts and employed by the EAST NAPLES FIRE DISTRICT who is responsible for: 1. The accurate and timely review of building permit applications, plans and specifications for compliance with the applicable Fire Code and; 2 The performance of statutory functions of the Fire Marshal and Fire Code Official for fire plan reVcc w. 3. Providing Collier County with assistance in updating the Fire Codes and related ordinances. 4. Manage and over -see all employees and records of the Fire Code Official's office on a daily basis including time sheets and expenditures. 5. Provide training as needed to office staff and fire district personnel. 6. Present a preliminary budget to the fire chief of each district, and a final annual budget to the Fire Chief of the administrative district or his /her designee. 7. Participate as a member of the Collier County Fire Marshals Association. FIRE SERVICE STEERING COMMITTEE —A Florida corporation created 12'h day of March 1991 NEW CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair, or demolition of a building. SECTION THREE: Delegation of Powers. The District hereby authorizes the EAST NAPLES FIRE DISTRICT to exercise the following powers and duties on behalf of the District concerning the Fire Code Official's office: 1. To employ personnel upon review and approval of the Fire Service Steering Committee; 2. To lease office space; 3. To receive payments from Collier County; 4. To disburse funds; 5 To otherwise operate and represent the District with respect to review of building permit plans for compliance with the Fire Code; and 6 In conjunction with the Fire Service Steering Committee, establish and maintain a benefit package and to implement policies and procedures for the purpose of the operations and administration of the Fire Code Official's Office. SECTION FOUR: Inspections. The District shall be responsible for performing inspections and any necessary re- inspections of new construction and construction projects for which building permits have been issued. The District shall employ fire safety inspectors to perform all inspections on permitted construction projects. The fees for these inspections and re- inspections shall be collected by Collier County and paid to the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT, which shall distribute them in accordance with Section 5(A) of this Agreement. It is understood that pursuant to the Interlocal Agreement between Collier County and the Fire Districts dated 1- 28 -03. Fire Districts receive no payment from Collier County for their inspections of existing buildings within their districts. SECTION FIVE: Distribution of Funds. A. Inspections. The EAST NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire inspection fees collected on behalf of the District, The EAST NAPLES FIRE DISTRICT shall determine what portion of the fire inspection fees received from Collier County Building Review and Permitting Department I Ca 2 C:_7 IQ 21^43 I were paid for fire inspections in the District. A copy of the County's distribution listing by District shall be provided along with the check and the calculation sheet of the amount being remitted. The EAST NAPLES FIRE DISTRICT which shall distribute that determined portion including any interest to the District, less 1% of the total fees to cover administrative costs. The EAST NAPLES FIRE DISTRICT shall send the fee checks in the appropriate amount to the District within fifteen (15) days of receipt of the fees from the Collier County Building Review and Permitting Department B. Fire Code Official's Office. The funding mechanism for the Fire Code Official's Office is described in the Interiocal Agreement between Collier County and the Fire Districts, dated 1- 28 -03. Funds received by the EAST NAPLES FIRE DISTRICT from Collier County for the performance of the duties of the Fire Code Official's office shall first be allocated to the budget of the Fire Code Official's office. The EAST NAPLES FIRE DISTRICT shall create a Fire Code Official's contingency account, in which it shall deposit the funds received from Collier County for the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code Official's Office current year's budget. This contingency fund shall be allowed to accumulate in an interest bearing account to an amount equaling twice the current years adopted budget for the Fire Code Official. Within ninety (90) days of the contingency fund reaching the level of twice the current year's adopted budget for the Fire Code Official, the Fire Service Steering Committee shall evaluate and recommend that, if necessary, the County adjust the Plan Review Fee Schedule to maintain the contingency fund at that level. C. Fixed Asset All fixed assets of the Fire Code Official's Office shall be marked as property of the office and a copy of the most current inventory shall be provided to the District on an annual basis. Ownership of all fixed assets shall remain the property of the Fire Code Official's Office. D. Financial Reporting On a quarterly basis, the East Naples Fire District shall provide the District a quarterly financial status report for the Fire Code Official's Office and on an annual basis a copy of the audit report for the office. SECTION SIX: Fire Code Official's Budget. A. Budget Not later than May 1 of each year, the Fire Code Official shall submit a preliminary budget for the following fiscal year, to begin on October 1, and end on September 30, to each Fire district_ The Fire Service Steering Committee and each Fire District shall review this budget and provide its comments and recommendations on the budget to the EAST NAPLES FIRE DISTRICT no later than July 1 of the year in which the budget is submitted. The EAST NAPLES FIRE DISTRICT shall consider the comments and recommendations of each Fire District during its consideration of the Fire Code Official's budget. The EAST NAPLES FIRE DISTRICT shall be responsible for adopting the final yearly budget for the Fire Code Official. B. Benefit Package The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish a benefit package for the employees of the Fire Code Official's Office. This package shall be approved by the steering committee, and will be considered portable when possible when any change in the administrating district occurs. Funding shall be from revenue included in a line item on an annual basis in the Fire Code Official's office budget. SECTION SEVEN: Fire Code Official Selection. Fire Code Official's Selection Committee. The Committee shall be formed to assist the Chief of the EAST NAPLES FIRE DISTRICT in the selection of the Fire Code Official. The committee shall consist of one (1) representative from each Fire District each of whom shall have one (1) vote on the committee. Each district shall independently determine its method for selecting its representative. The Committee shall create a job description for the Fire Code Official and publicize that job description and the required qualifications for the Fire Code Official, review all applications received for the position, conduct all testing of applicants and interview applicants. The committee shall recommend one (1) candidate for the position of Fire Code Official to the Chief of the EAST NAPLES FIRE 1�//e DISTRICT by a vote of a majority of the members of the committee. The chief of the EAST NAPLES FIRE f U re DISTRICT shall consider the recommendation of the committee. The Chief of the East Naples Fire District may veto the choice of a candidate from the committee, but may not appoint a candidate without the approval of the committee. SECTION EIGHT: Employment, Performance Evaluations, and Disciplinary Action for the Fire Code Official's Office Employees A. Employment. The Fire Code Official's office employees shall be considered employees of the EAST NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures developed for this office. B. Performance Evaluation. A performance evaluation of the Fire Code Official shall be conducted not !ess than annually. The evaluation shall be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT, and the evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form. All Fire Districts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may submit one (1) evaluation to the EAST NAPLES FIRE DISTRICT. The evaluations of the Fire Code Official and related concerns of all Fire Districts shall be taken into consideration by the EAST NAPLES FIRE DISTRICT during its evaluation of the Fire Code Official. The Fire Service Steering Committee may from time to time make recommendations to the administrative district regarding the Fire Code Official's office. C. Disciplinary Action. EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code Official and staff. All disciplinary action shall be carried out in accordance with the policies of the EAST NAPLES FIRE DISTRICT. All commendations and complaints shall be directed to the Chief of the EAST NAPLES FIRE DISTRICT, with a copy to all participating districts. The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish policies, rules and regulations within one (1) year of executing this document for the employees of the Fire Code Official's Office. This package shall be approved by the Steering Committee, and will be considered portable when possible when any change in the administrating district occurs. SECTION NINE: Termination or Amendment. This agreement shall remain in effect until terminated by either party. Either party may terminate this agreement with or without cause by providing written notice to the other party and to Collier County. Such termination shall be effective forty -five (45) days after receipt of said written notice. This agreement may be amended from time to time upon the agreement of both parties. Any amendment must be in writing and must be executed with the same formalities as the original. SECTION TEN: Notices. Any notice made pursuant to this Agreement to the EAST NAPLES FIRE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to The following: East Naples Fire Control and Rescue District 4798 Davis Blvd, Naples, Florida 34104. All invoices shall be sent to the East Naples Fire Control and Rescue District. Any notice required or made pursuant to this Agreement to the District shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage paid, addressed to the following: Board of County Commissioners of Collier County, Florida as the Governing Body of the Isles of Capri Municipal Rescue and Fire Services Taxing District, Naples, Florida (Z1P)- Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: County Manager, Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida, 34112. j IL �y L .3 4 ft SECTION ELEVEN: Entire Agreement. This Agreement contains the complete and entire understanding of the parties. SECTION TWELVE: Recording. In accordance with § 163.01 (11), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the Official's records of Collier County, Florida. SECTION THIRTEEN: Effective Date. This Agreement shall become effective upon its execution by the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT and the District and it's filing with the Clerk of Circuit Court. IN WITNESS WHEREOF, this Agreement was signed, sealed, and witnessed on the respective dates set forth below. Witness: Witness: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal suff icienc : _ _ Robert N. Zq6ary Assistant County Attorney EAST NAPLES FIRE CONT OL and RESCUE ICT Chairman Printed Name: Thomas G. Cannon Date: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF THE ISLES OF CAPRI MUNICIPAL RESCUE AND FIRE SERVICES TAXING DISTRICT By: Tom Henning, Chairman It,�IL9' 2003 5 (� INTERLOCAL AGREEMENT This Interlocal Agreement ( "Agreement ") is made and entered into by and between the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, a political subdivision of the State of Florida, hereinafter referred to as the "EAST NAPLES FIRE DISTRICT" and the Board of County Commissioners of Collier County, Florida as the Governing Body of the Ochopee Fire District, hereinafter referred to as the "District". WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately and; WHEREAS, the EAST NAPLES FIRE DISTRICT and the District are public agencies within the meaning of the Florida Interlocal Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County; and WHEREAS, the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control District, have entered into an Interlocal Agreement with Collier County, dated: 1 -28 -03 for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and fire inspections for new construction, construction projects, and existing structures; and WHEREAS, said Interlocal Agreement between Collier County and the Fire Districts requires that separate agreements between each Fire District and the East Naples Fire Control and Rescue District be executed for the purpose of implementing the duties and obligations of the Fire Districts pursuant to that agreement and; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants and duties hereinafter set forth, the EAST NAPLES FIRE DISTRICT and the District formally covenant, agree, and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high - quality fire permit plan review and fire inspection process for new construction and construction projects by delineating the responsibilities of the EAST NAPLES FIRE DISTRICT and the District in order to enhance service to the citizens of Collier County. A further purpose of this Agreement is to implement the duties and obligations of the EAST NAPLES FIRE DISTRICT and the District, which are required by the Interlocal Agreement, dated 1 -28 -03 between Collier County and the Fire Districts. SECTION TWO: Definitions. The following terms as used in this Agreement shall be defined as follows: ASSISTANT FIRE CODE OFFICIAL - An individual who is employed the administrative DISTRICT and who serves in the absence of the Fire Code Official pursuant to this agreement. AUTHORITY HAVING JURISDICTION- The Fire Chief or his/her designee ( Fire Marshal, or Fire Inspector, or Fire Code Official) responsible for, and having final authority in his /her respective jurisdiction, in both new and existing construction (§ FS 633.121). FIRE DISTRICTS - The individual Fire and Rescue Districts operating within Collier County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples, Ochoppee, and Isle of Capri. FIRE CODE - The Collier County Fire Prevention Ordinance, the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standard, and any successor or amendment to the Fire Prevention Ordinance or either set of Fire Standards during the life of this agreement. UO3 � I� FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and referenced in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes, Fire Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the Fire Code Official, the Assistant Fire Code Official, Fire Marshal, or Fire inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL - The individual appointed by the Fire Districts and employed by the EAST NAPLES FIRE DISTRICT who is responsible for: 1. The accurate and timely review of building permit applications, plans and specifications for compliance with the applicable Fire Code and; 2 The performance of statutory functions of the Fire Marshal and Fire Code Official for fire plan review. 3. Providing Collier County with assistance in updating the Fire Codes and related ordinances. 4. Manage and over -see all employees and records of the Fire Code Official's office on a daily basis including time sheets and expenditures. 5. Provide training as needed to office staff and fire district personnel. 6. Present a preliminary budget to the fire chief of each district, and a final annual budget to the Fire Chief of the administrative district or his /her designee. 7. Participate as a member of the Collier County Fire Marshals Association. FIRE SERVICE STEERING COMMITTEE — A Florida corporation created 12`h day of March 1991 NEW CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair, or demolition of a building. SECTION THREE: Delegation of Powers. The District hereby authorizes the EAST NAPLES FIRE DISTRICT to exercise the following powers and duties on behalf of the District concerning the Fire Code Official's office: 1. To employ personnel upon review and approval of the Fire Service Steering Committee; 2. To lease office space; 3. To receive payments from Collier County; 4. To disburse funds; 5 To otherwise operate and represent the District with respect to review of building permit plans for compliance with the Fire Code; and 6 In conjunction with the Fire Service Steering Committee, establish and maintain a benefit package and to implement policies and procedures for the purpose of the operations and administration of the Fire Code Official's Office. SECTION FOUR: Inspections. The District shall be responsible for performing inspections and any necessary re- inspections of new construction and construction projects for which building permits have been issued. The District shall employ fire safety inspectors to perform all inspections on permitted construction projects. The fees for these inspections and re- inspections shall be collected by Collier County and paid to the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT, which shall distribute them in accordance with Section 5(A) of this Agreement. It is understood that pursuant to the Interiocal Agreement between Collier County and the Fire Districts dated 1- 28 -03. Fire Districts receive no payment from Collier County for their inspections of existing buildings within their districts. SECTION FIVE: Distribution of Funds. A. Inspections. The EAST NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire inspection fees collected on behalf of the District, The EAST NAPLES FIRE DISTRICT shall determine what portion of the fire inspection fees received from Collier County Building Review and Permitting Department 1 2 �4 were paid for fire inspections in the District. A copy of the County's distribution listing by District shall be provided along with the check and the calculation sheet of the amount being remitted. The EAST NAPLES FIRE DISTRICT which shall distribute that determined portion including any interest to the District, less 1 % of the total fees to cover administrative costs. The EAST NAPLES FIRE DISTRICT shall send the fee checks in the appropriate amount to the District within fifteen (15) days of receipt of the fees from the Collier County Building Review and Permitting Department B. Fire Code Official's Office. The funding mechanism for the Fire Code Official's Office is described in the Interlocal Agreement between Collier County and the Fire Districts, dated 1- 28 -03. Funds received by the EAST NAPLES FIRE DISTRICT from Collier County for the performance of the duties of the Fire Code Official's office shall first be allocated to the budget of the Fire Code Official's office. The EAST NAPLES FIRE DISTRICT shall create a Fire Code Official's contingency account, in which it shall deposit the funds received from Collier County for the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code Official's Office current year's budget. This contingency fund shall be allowed to accumulate in an interest bearing account to an amount equaling twice the current years adopted budget for the Fire Code Official. Within ninety (90) days of the contingency fund reaching the level of twice the current year's adopted budget for the Fire Code Official, the Fire Service Steering Committee shall evaluate and recommend that, if necessary, the County adjust the Plan Review Fee Schedule to maintain the contingency fund at that level. C. Fixed Asset All fixed assets of the Fire Code Official's Office shall be marked as property of the office and a copy of the most current inventory shall be provided to the District on an annual basis. Ownership of all fixed assets shall remain the property of the Fire Code Official's Office. D. Financial Reporting On a quarterly basis, the East Naples Fire District shall provide the District a quarterly financial status report for the Fire Code Official's Office and on an annual t asis a copy of the audit report for the office. SECTION SIX: Fire Code Official's Budget. A. Budget Not later than May 1 of each year, the Fire Code Official shall submit a preliminary budget for the following fiscal year, to begin on October 1, and end on September 30, to each Fire district. The Fire Service Steering Committee and each Fire District shall review this budget and provide its comments and recommendations on the budget to the EAST NAPLES FIRE DISTRICT no later than July 1 of the year in which the budget is submitted_ The EAST NAPLES FIRE DISTRICT shall consider the comments and recommendations of each Fire District during its consideration of the Fire Code Official's budget. The EAST NAPLES FIRE DISTRICT shall be responsible for adopting the final yearly budget for the Fire Code Official. B. Benefit Package The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish a benefit package for the employees of the Fire Code Official's Office. This package shall be approved by the steering committee, and will be considered portable when possible when any change in the administrating district occurs. Funding shall be from revenue included in a line item on an annual basis in the Fire Code Official's office budget. SECTION SEVEN: Fire Code Official Selection. Fire Code Official's Selection Committee. The Committee shall be formed to assist the Chief of the EAST NAPLES FIRE DISTRICT in the selection of the Fire Code Official. The committee shall consist of one (1) representative from each Fire District each of whom shall have one (1) vote on the committee. Each district shall independently determine its method for selecting its representative. The Committee shall create a job description for the Fire Code Official and publicize that job description and the required qualifications for the Fire Code Official, review all applications received for the position, conduct all testing of applicants and interview applicants. The committee shall recommend one (1) candidate for the position of Fire Code Official to the Chief of the EAST NAPLES FIRE DISTRICT by a vote of a majority of the members of the committee. The chief of the EAST NAPUEs FIRE 3 l t- C` —: _. {'S DISTRICT shall consider the recommendation of the committee. The Chief of the East Naples Fire District may veto the choice of a candidate from the committee, but may not appoint a candidate without the approval of the committee. SECTION EIGHT: Employment, Performance Evaluations, and Disciplinary Action for the Fire Code Official's Office Employees A. Employment_ The Fire Code Official's office employees shall be considered employees of the EAST NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures developed for this office. B. Performance Evaluation. A performance evaluation of the Fire Code Official shall be conducted not less than annually. The evaluation shall be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT, and the evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form. All Fire Districts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may submit one (1) evaluation to the EAST NAPLES FIRE DISTRICT. The evaluations of the Fire Code Official and related concerns of all Fire Districts shall be taken into consideration by the EAST NAPLES FIRE DISTRICT during its evaluation of the Fire Code Official. The Fire Service Steering Committee may from time to time make recommendations to the administrative district regarding the Fire Code Official's office. C. Disciplinary Action. EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code Official and staff. All disciplinary action shall be carried out in accordance with the policies of the EAST NAPLES FIRE DISTRICT. All commendations and complaints shall be directed to the Chief of the EAST NAPLES FIRE DISTRICT, with a copy to all participating districts. The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish policies rules and regulations within one (1) year of executing this document for the employees of the Fire Coc•: )fficial's Office. This package shall be approved by the Steering Committee, and will be considered portable when possible when any change in the administrating district occurs. SECTION NINE: Termination or Amendment. This agreement shall remain in effect until terminated by either party. Either party may terminate this agreement with or without cause by providing written notice to the other party and to Collier County. Such termination shall be effective forty -five (45) days after receipt of said written notice. This agreement may be amended from time to time upon the agreement of both parties. Any amendment must be in writing and must be executed with the same formalities as the original. SECTION TEN: Notices. Any notice made pursuant to this Agreement to the EAST NAPLES FIRE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to The following: East Naples Fire Control and Rescue District 4798 Davis Blvd, Naples, Florida 34104. All invoices shall be sent to the East Naples Fire Control and Rescue District. Any notice required or made pursuant to this Agreement to the District shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage paid, addressed to the following: Board of County Commissioners of Collier County, Florida as the Governing Body of the Ochopee Fire District, Naples, Florida (zip). Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: County Manager, Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida, 34112. IL SECTION ELEVEN: Entire Agreement. This Agreement contains the complete and entire understanding of the parties. SECTION TWELVE: Recording. In accordance with § 163.01 (11), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the Official's records of Collier County, Florida. SECTION THIRTEEN: Effective Date. This Agreement shall become effective upon its execution by the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT and the District and it's filing with the Clerk of Circuit Court. IN WITNESS WHEREOF, this Agreement was signed, sealed, and witnessed on the respective dates set forth below. Witness: ! fy / / Witness: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Robert ch Assistant County Attorney EAST NAPLES FIRE CONTROL and RESCUE DISTR4GT— L irman Printed Name: Thomas G. Cannon Date: BOARD- OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF THE OCHOPEE FIRE DISTRICT By: Tom Henning, Chairman 1� 5 k-1 EXECUTIVE SUMMARY SV- 2003 -AR -4207, GIL STRELEC, OF KEMP SIGNS INC., REPRESENTING MOBIL /EXXON OIL CORPORATION, REQUESTING A SIGN VARIANCE OF 10 FEET FROM THE MINIMUM REAR YARD SETBACK OF 10 FEET TO 0 FEET FOR A GROUND SIGN FOR AN AUTOMOTIVE SERVICE STATION LOCATED AT 4577 EXECUTIVE DRIVE, FURTHER DESCRIBED AS QUAIL CREEK PLAZA PHASE 1, LOT 9, IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider the petitioner's request for a sign variance from the minimum front yard setback of 10 feet to 0 feet for a ground sign for an automotive service station. CONSIDERATIONS: The applicant had received a permit for a ground sign to replace the existing nonconforming freestanding sign, which is 22 feet in height. On closer evaluation of the site by the applicant, it was determined that the existing 8 -foot high stockade fence of the adjacent residential subdivision would completely block the view of the sign to westbound vehicular traffic traveling on Immokalee Road at the proposed ground sign location. The options for the petitioner were to place the sign in a location where westbound traffic would not be able to see it, not place a ground sign in the front of this property, or seek a variance. The regulations governing the setback of signs are drafted primarily to reflect the community's desires for maintaining minimum life, health, safety, light, and air standards, and are established in the Land Development Code. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. NoZ l" OCT 14 2003 Pg. I GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The subject variance is for the setback building limits for a sign. There are no unusual environmental issues associated with this petition. HISTORIC /ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment are required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on September 18, 2003. The Commissioners heard the presentation by the petitioner and the Staff presentation. The Planning Commission voted unanimously (9 -0) to approve the motion and forward the petition to the BZA with a recommendation of approval. Staff has received no correspondence in opposition from the adjoining neighbors. Because no one spoke in opposition to the granting of the variance, and it meets the other required criteria, this petition has been placed on the summary agenda. AGEND A ITEM No.�_..__ OCT 14 2003 executive summary/SV- 2003- AR4207 2 of 3 PLANNING SERVICES STAFF RECOMMENDATION: It is staffs opinion that granting the variance will be in harmony with the general intent and purpose of the Land Development Code, specifically, the ameliorating factor of the 100 feet wide drainage canal easement between the proposed sign location and Immokalee Road. Therefore, Planning Services staff recommended that the CCPC forward Petition SV- 2003 -AR -4207 to the BZA with a recommendation of approval. PREPARED BY: NAEL J. E ATZ.CFM PRINCIPAL PLANNER REVIEWED BY: SfJSAN MURRAY, AICP CURRENT PLANNING MANAGER APPROVED BY: DA C�3-� DATE EPH K. SC ITT DATE LAITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR OCT 14 2003 executive sunuT=y /SV- 2003 -AR -4207 3 of 3 3 Pg . ��O1lV' MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JULY 23, 2003 SUBJECT: PETITION SV- 2003 -AR -4207 AGENT /APPLICANT: OWNER: Mobil Oil Corp. %Exxon Mobil Tax Dept. P.O. Box 4973 Houston, TX. 77210 -4973 AGENT: Gil Strelec Kemp Signs, Inc. 120 Wisconsin St. Lake Worth, FL. 334.16 REQUESTED ACTION: The petitioner requests a 10 foot variance from the required 10 -foot setback for a ground sign in order to place a sign 0 feet from the property line. The petitioner is a sign contractor wanting to replace a commercial business sign of a Mobil Oil automobile service station. GEOGRAPHIC LOCATION: The subject property is located at 4577 Executive Drive (See Location Map – Exhibit 1). It is located on the north side of hnmokalee Road and the South Florida Water Management District's drainage canal, at the northeast corner of the easternmost intersection of Executiv ' —4 AGENDA ITEM I,T,mokalee Road (See Aerial Map – Exhibit 2). No 17 M c2i 14 2003 FV._±_ r- 0 0 O z 9-5 AV wr M Wr l OAKM aMEVNID r O O _LA —1 — m O z P F 4 ?R41 ogxa EXHIBIT 1 — T 14 2003 Pg. m J � °s DE n T V ? r O O _LA —1 — m O z P F 4 ?R41 ogxa EXHIBIT 1 — T 14 2003 Pg. PURPOSEIDESCRIPTION OF PROJECT: The existing automobile service station has a 12 feet high pole sign, which does not .meet the current sign regulations for an automobile service station (LDC 2.5.5.2.5.5). The existing pole sign is identified as a legal non - conforming sign. The petitioner has been contracted to remove the existing pole sign, and erect a new ground sign that meets the maximum height requirements. A sign permit (2002121923) was secured to place the new sign in the same location as the existing pole sign. The petitioner discovered that locating the proposed 8 feet high ground sign in the same location as the existing pole sign would be a problem. An 8 feet high stockade fence that is placed at the property line of the adjoining Longshore Lake residential subdivision will greatly restrict the visibility of the proposed sign to the west bound traffic on Immokalee Road (See Fence Photographs, Exhibits. 3 & 4). The new ground sign is proposed to be located within a 10' wide green space between the property line and the asphalt surface of the automobile service station (See Site Plan, Exhibit 5). To maintain sight visibility for the commercial business sign and an unobstructed accessway through the existing automobile service station site, the applicant desires relief from the Land Development Code's sign setback regulations (LDC 2.5.5.2.2). SURROUNDING LAND USE AND ZONING: Subject: Mobil Oil; zoned Quail II PUD /Commercial Surrounding: North - East - South - West - (See Zoning Map, Exhibit 6) undeveloped; zoned PUD (Quail II PUD /Commercial) single- family homes; zoned PUD ( Longshore Lake PUD) South Florida Water Management District Drainage Channel; zoned Estates undeveloped; zoned PUD (Quail lI PUD /Commercial) HISTORIC /ARCHAEOLOGICAL IMPACT: The LDC does not require this analysis for a variance. EVALUATION FOR IMPACTS TO TRANSPORTATION INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, environment. 0 C T 14 2003 SV- 2003 -AR -4207 CCPC Dade: September 18, 2003 Page 2 5 G PQ. CC 3' ' d b -imam 94 ff -k Nsk 2-0 2-0 "XI IN AW r. II III VII ohm FF yy 44 _ � _ '�fy T •�.� _ P..��g .:i :was .j -. R F . •Y R t b d :JF R T y r i S Si R n s 5 t i Y. r e �5 = I MORM P./ S4A. 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IReT Boos 4 1 '!� R%i✓ 2 � � ...' � f %i 7 .2 - � f: i � � . ►11GE 7a1 as IRO l>•CLl: 1 :;Stir: �: :� _ � T. �- \+ I 1 _ cR17301A'6 i7M /S p[ i_ �,. \ t. \�. .n /Q'.�1C3�✓ 3rA 12 0 IS i3, N f3 -- — - - - - - - - - - - - FpAfE /Y i = L/(!/r /TS.CS (TYRi ciO,J t.au+[►T d% °'- --- -�1 MO, Si9r " /�J SLTq�Y' 0�}•,0,.+ ®4i eP,'°" ®:A 1�Tiu4D. 1 3' s �., ser BACk SrAK��•� I1 • w.30 11 II P Ir ';1 I EIOSr caLCRElI: +p i �� Y� EYISTMIG CANAL I F/DwL [TiP% t I I I I I 9 :lei �• , ' • ~+I 1 1 wu n cuu Neu - -�• -• �' II tl 1 j I Q stns AGENDA ITEM, fMMOK4LLE ` RD «� . �,1 ' j'° 1 4 2003 a —CIL — — - -C/L EBBIBIT 5 — SITE PLA1q TRACT •a' RACT '11' LAKE TACT UD 1NGTON LAKE 15 ZO 3 o O V 0 7 / O 15 3 W TRACT GC -r U S J O PUD MIRADA j ON THE OUAIL 11 GREENS iONE CONDO Jp�,E3 5 � j J z GREENBRI i ON THE M FAIRWAYS CONDO 8620N t� T T e T TRACT L -2 5 5 a L LANE TRACT GC -1 ] ] 7 7 6 6 6 e 1s e t 7 " © 5 9 9 1 13 e , V O O 1 1 0 a a 0 0 D tI 7 79 J 10 2 3 7 4 7 9 °° l le 19 12 3 C '7 } 1 , 3a ' 16 ' 21 2 1 2 5 5 TRACT L -6 / 5 J 3 1 12 1 13 CHAT CT. ♦ t t5 6 I 21 0 I I ( tl t t6 22 1 7 1 11 1 25 Z 10 9 f ° 19 25 z z ,2 1p S SNO 2, 20 P PUD -. ZONE X ` ] 2 27 5 5 13 ] 2 23 Z2 L LONGSHORE LAK 65 F FIELDFAIR DRIVE ♦ N N X X 64 9 G] 5 a a ] ] 2 9 9 9 3 31 62 I It 6 7 7 e e 9 9 1 10 3 2 3 34 CC 61 o ] N�NSt 11 5 60 w w MISTLETHRUSH LANE 5 5 x 4 41 17 16 15 14 13 12 a 37 39 Y 1 7 30 TRACT I6 19 20 21 22 2] 57 21 6 7 56 HAMPTON LANE 9 4 2a 25 BLVD. r, ' " 1] 23 10 15 1• 11 12 10 14 51 II 17 12 TRACT L JI 30 29 26 27 26 14 12 22 7 16 53 16 13 21 L3 tr 5 EXECUTIVE DR. 5 52 ]2 ]] 34 ss ]e 37 3e 12 t4 20 51 i3 15 16 19 3 FIELDFAIR DRIVE a to 4 ' • TRACT A S 6 7 0 9 50 2 3 49 b 47 as .s ., 43 .I 41 b >a LONG war SETH TRACT 7 10 t 1 5 CANAL 5 16 TRACT A IMMOKALEE ROAD (C.R. -846) GGE23 - -- - - -- - - -- -- -- - - ---- THIS IS TO CERTIFY THAT THIS 1S A PACE OF THE �♦E BY 01 ED OCTC SUBDIVISION INDEX .B. Pg. MO. NAPE PB. Py. 13 19 -26 11 HUNTINGTON LAKES UNIT ONE 24 91 -% - t1 83 -e5 f2 LONG910RE LAKE. UNIT 561 25 48 -49 t7 58-59 13 LONGSHORE LAKE UNIT 502 26 t7 -10 17 19 -21 14 WML TALK PHASE THREE 2. -- Is 71 15 HUNnHGTCN LAKES UMT TWO 1s 97 -99 16 WAIL _K PHASE FOUR i6 71 17 LONGSIDRE LAKE UMT 21 .2 -43 6 LONGSHORE LAKE. UMT X EXHIBIT 6 - ZONING MAP p g. 21 :9_ Sc t9 LONCSHORE LAKE. UNIT 50 a 75 -76 20 10 t 1 5 CANAL 5 16 TRACT A IMMOKALEE ROAD (C.R. -846) GGE23 - -- - - -- - - -- -- -- - - ---- THIS IS TO CERTIFY THAT THIS 1S A PACE OF THE �♦E BY 01 ED OCTC SUBDIVISION INDEX .B. Pg. MO. NAPE PB. Py. 13 19 -26 11 HUNTINGTON LAKES UNIT ONE 24 91 -% - t1 83 -e5 f2 LONG910RE LAKE. UNIT 561 25 48 -49 t7 58-59 13 LONGSHORE LAKE UNIT 502 26 t7 -10 17 19 -21 14 WML TALK PHASE THREE 2. -- Is 71 15 HUNnHGTCN LAKES UMT TWO 1s 97 -99 16 WAIL _K PHASE FOUR i6 71 17 LONGSIDRE LAKE UMT 21 .2 -43 6 LONGSHORE LAKE. UMT X EXHIBIT 6 - ZONING MAP p g. 21 :9_ Sc t9 LONCSHORE LAKE. UNIT 50 a 75 -76 20 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The existing 8 feet high fence on the adjoining residential subdivision to the west restricts the visibility of any sign eight foot in height or less along the eastern side of the property. Prior to the LDC sign amendment in 1996, the existing pole sign was erected in accordance with the required sign type, height, and setback regulations. This sign became non - conforming as a result of the LDC amendment in 2001. The existing sign is required to come into compliance by February 1, 2003, per the amortization schedule (LDC 2.5.9.1.4). 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre- existing conditions relative to the property, which is the subject of the variance request? Yes. The construction of the adjoining 8 foot high stockade fence, the presence of the adjoining 100 foot wide South Florida Water Management District along the southern property line of the subject property, and the modifications to the LDC regarding the site design of automobile service stations have created the conditions, which resulted in the need for the variance. 3. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. Because of the sight restrictions of the existing adjoining 8 foot high stockade fence, the extensive separation attributed by the 100 foot wide SFWMD canal between the subject property from Immokalee Road, and the existing development pattern on the property, the placement of a new conforming ground sign for an automobile service station is encumbered. The existing conditions of this developed commercial lot would require the ground sign to be placed in a driving lane of the subject property, or so far away from Immokalee Road that it would not be visible to drivers using Immokalee Road.. OCT 14 2003. SV 2003 -AR -4207 ' CCPC Date: September 18, 2003 Page 3 5 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The existing pole sign, on the subject property, is a non - conforming sign, and is required to be replaced to meet the minimum LDC requirements. The maximum sign area for ground signs is 60 square feet, with a maximum height of 8 feet. The placement of a ground sign visible to the motoring public and out of the accessways within the subject property would require relief of the LDC requirements. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. No similar variance approvals have been conferred to any properties in the area. 6. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The granting of this variance will allow the petitioner to place a new ground signs on the property to meet the intent of the new style of signage for gasoline stations. With the removal of the existing pole sign and the placement of the new ground sign, the commercial business sign for the automobile service station would not be visible to the adjacent residential subdivision to the east. With keeping the sign out of the travel ways of the subject property, the public welfare and safety would not be jeopardized. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The adjoining 100 foot wide SFWMD drainage canal serves as a separation between the sign and the R.O.W. of Immokalee Road. 8. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. AGENDA rTEM No.:!I�Y SV- 2003 -AR -4207 CCPC Date: September 18, 2003 Page 4 of J 5 OCT 14 2003 P�. (3 PLANNING SERVICES STAFF RECOMMENDATION: The adjoining existing 8 foot high stockade fence is a land related hardship associated with this variance. Granting this variance would provide the necessary visibility for a new ground sign without creating a hazard to the future traffic movement on the site. While the variance would be the maximum allowable, the presence of the 100 foot wide drainage canal easement provides a substantial separation between the sign and Immokalee Road. For these reasons, Planning Services staff recommends that the CCPC forward Petition SV- 2003 -AR -4207 to the BZA with a recommendation of approval. PREPARED BY: � WAT MICHAEL RUNTZ, CF PRINCIPAL LANNER REVIEWED BY: g /Z0 - USAN HURRAY, AICP ( DATE CURRENT PLANNING MANAGER APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Collier County Planning Commission: KENNETH L. ABERNATHY, CHAIRMAN 0 C T 14 2003 SV- 2003 -AR -4207 CCPC Date: September 18, 2003 Page 5 of 5 Pg. RESOLUTION NO. 03- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER SV- 2003 -AR -4207, FOR A SIGN VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 10- foot variance for a ground sign from the required 10 -foot distance from the property line to 0 feet as shown on the attached plot plan, Exhibit "A," for a ground sign for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier Ccounty, Florida, that; The Petition SV- 2003 -AR -4207 as filed by Gill Strelec, of Kemp Signs Inc., representing Mobil/Exxon Oil Corporation, with respect to the property hereinafter described as: Quail Creek Plaza Phase 1, Lot 9, located in Section 20, Township 48, Range 26, recorded in Book 1501, Page 236, be and the same hereby is approved for a 10- foot variance for a ground sign from the required 10 -foot distance from the property line to 0 feet as shown on the attached plot plan, Exhibit "A," of the Quail II PUD, Ordinance No. 92 -41, zoning district wherein said property is located, subject to the following conditions: 1. AGENDA ITEM N& OCT 14 2003 Pg. 1. This variance is for the encroachment shown in Exhibit "A" only. Any other k encroachment shall require a separate variance. 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number SV- 2003 -AR -4207 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 2003. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney S V- 2003- AR- 4207/MD /lo BY: TOM HENNING , CHAIRMAN 2. No.= OCT 14 2003. P9--1 =____ An4TU I A7 t Pt SYA. 10•17.52 } � - - " -- - - - - - - -- - -- I E.L. • /5.72 I a5 nuemr • e D '�} i - r; _ e '�unvawe• n TAASM/. I Qs L STl)RACE I e m N07ER ) "i'AItfC� II'fi ® S'•C .- (SY 074ER5 S 1 CAR WASH rN (6"y O>•tIG`,p5 ___'_ _• __ SK T' */ - //' ` \\ 1 ='� k ? �/: I EAST PRpo Lai 55 I St 11 r?3`�1T1 o f M'a r z` STLO LA TPRAL { 1 rA*OAbSED VALLEY •" yj : v ;� . - 1 r'y; eQ caoss,,a (7MS /° `' S• ..1 x... h'S i �/ r . GONTRACTJ I .' 12' 11! 70 UILDI -i ! ) Lea vtl 1 v / 3f•A! I q' UE. ` O DOOR 1•!D, .1 AGES Ip)yq•O) ER /S71M6 1 .sv. I rf� Cryrj / rivi t .ice R7 Ur- CL,RVF;S { (PLAT DOOR 15' TairT. �F � 1 LOT D DMCRETE MAT �►cE Tal _— – _._____'tom _— _.. _. -. _I .. ^IyF� ♦d+aFY +, 1r C 1 `, �_,F�1 1 1 y,7 I s IROPOSED {JaLLtY 1 VL iL S Y. CD'OSS/►K >~: '+' 7N /S .° yam. 34L4W� 1 � \ \♦ / 1 �'�/i fJRG SSIN6 � �t Yi .1+3 �4\ � `�"3 I 1.� ♦ � ' t1 � ` CO TR�G7� { � 1 � I i+ • �-. 'P��7yy� "S.. • ? I '.,'tl �+t ' I 7.1 7o�EA5r P/L 5fd./2Al533. : ? a YlA'R1fJ1 riRrs �_ Y _'S LKf/f RTES lTYP)w 1� ra Sfd. I£ • �. 33 I 1 ---�� 3" s �„ saT- BxfC. o. EL. • w.30 I I II II ' +p 11 i1 I EylyT COaCRE7E .>{ �± ,r `v Ey /SnNG CANdL HOWL l%) > _al 1 C1 eAA4! eAAw I ANAL • f 1 \ ,l t4N 7 Rog) T� J� \ la ,t mMGIKALEE RD (fR 84(0) EXHIBIT — A r `,t AGENDA ITEM C/O i /L OCT 3 4 2003 Pg. Petition No. Planner Assigned: L011I I I SIGN VARIANCE PETITION PC FryE� Date Petition Received: SV- 2043 -AR -4207 PROJECT #2003020047 DATE : 6/16/03 MIKE DERUNTZ ABOVE TO BE COMPLETED BY STAFF � � f Petitioner's Name: Ob/ J-�-o Al% Petitioner's Address: 0'• D. o u s �n/ c E -mail Address: Agent's Name: Telephone: /J'5—/ 3Y,,> >��ya Fax #: (51 qNS .J -NCi- Agent's Address: Gv:5600 S, ,r l i �✓Or/%T T(.� 3 Telephone: J�D/-4 �f7�� E -mail Address: Fax #: .6/-30 y_ a 931 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (239) 403- 2400/FAX (239) 643 -6968 r AGENDA O Application fer Sign Variance Petition - 8/98 } page .1 6 CT 14 2003 Pg 1 Legal Description of Subject Property: Subdivision: CV U -41 Unit /cif *srl Lot (s) Or Block (s) G OCi3M/ So3 O Section Twp. 0 Range Property 1. D. # Metes & Bounds Description: Address of Sign Location: Dr Current Zoning and Land use of Subject Parcel: �u �) Length & Height of wall upon which the Sign will be secured: (If Wall Sign) Width of Subject Property: � / � 00) �� +�• (Road Frontage) a 6 0 + r p N & U iE Nature of Petition Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15' to 10'; why encroachment is necessary; how existing encroachment came to be; etc. 9 iietT —777d.. G✓/ 7 7�� rffS -� �/ov l� lzL�%-T T, i7m Application for Sign Variance Petition - 8198 i r'1 F. 44Aari� 4 2003 Page 2 of � q _ Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1 -6). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. f�� Mick- �`on -T�t �c S;i jo;- - P -770^6- 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre - existing conditions relative to the property which is the subject of the variance request. i /0 r' A 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. i H- C�vsrZ. s�om r-�s N oT To y l � s gN Pte, s 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. ih,� -T �5 wr l l ran „1�:1 + ic r, . Tc, &-t-- / AAJ� ► S Qft- NCCl N Appl l 11 °fir 5iM VaW%8M 1P1id" - 8/98 2 CT 14 2003 Page 3 i 6 D Pg. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. C 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. 8. Will granting the variance be consistent with the growth management plan. W i- -1 i �- w i I � 4 i 5 C- S-t Ova �� L r-S FRJt C- w t �tOU� 1 C 1 \ t t'c1 c�. rJ� t: T+- 4 V 0�--3 Application for Sign Variance Petition - 8/98 OCT 14 2003 Page 416 pg. 1� r .,x . S V- 2003 -AR -4207 PROJECT #2003020047 DATE: 6/16/03 MIKE DERUNTZ SIGN VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION nAd"TZS' REQUIREMENTS # OF COPIES REQUIRED 1. Completed Application 12 2. Completed Owner /Agent Affidavit, Notarized 1 3. Pre - application notes /minutes 12 4. Survey or Site Plan of property depicting the following: a) All property boundaries & dimensions b) North arrow, date and scale of drawing c) All existing and proposed signs- (labeled as such) d Existing sign setbacks & ropo-, sign setbacks 12 5. Location map depicting major stree _ in area for reference 1 6. Application fee, checks shall be made payable to Collier County Board of Commissioners - 7. Other Requirements - - As the authorized agent/appl' for this petition, I attest that all of the information indicated on this checklist is included in this sub package. I understand that failure to include all necessary submittal information may result in the d y of prose this ion. 15--1-0 3 A r%n1;e-a / A Q ci. P Date AGENDA OCT 14 2003 Application for Sign Variance Petition - 8/98 page 5 t � � SV- 2003 -AR -4207 PROJECT #2003020047 DATE: 6/16/03 MIKE DERUNTZ AFFIDAVIT / We /1, being first duly sworn, depose and say that we /I / am/are the wners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We /1 further authorize SI h/S --�/� to act as our /my representative in any matters regarding this Pen lon. of Property (honer Type or Printed Name of Owner r. Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of , p� 00 3 4*— , by who is personally known to me or pr ced V\3 as identification. /0, State of Florida County of Collier tw S1R��01� 51 � \18� M \SS\oN �s\ q•2� V r'OM pu9U Q"°°`""`° N EXP \PNN --ri u1 � m e Of S` Print, Type, or Stamp Commissioned Name of Notary Public) AGENDA ITEI No. _ OCT 14 2003 Pg.�� EXECUTIVE SUMMARY TO ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE FISCAL YEAR 2002 -03 ADOPTED BUDGET. OBJECTIVE: That the Board of County Commissioners adopt the attached resolution and the related amendments which amend the Fiscal Year 2002 -03 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board, can be amended. Budget amendments that increase the total appropriations of a fund over the adopted annual budget may be approved by resolution of the Board of County Commissioners after an advertised public hearing. Budget amendments requiring such approval include the appropriation of carry forward, interfund transfers, and supplemental revenue. This is a public hearing to amend the budget for Fiscal Year 2002 -03. Each of these budget amendments has been reviewed and approved by the Board of County Commissioners via separate Executive Summaries. The attached resolution and the summary of the resolution have been advertised and have been available for public review and inspection with the related budget amendments and executive '^ summary a► the Office of Management and Budget. The amendments and summary are included herein by reference in the resolution. FISCAL IMPACT: The amendments and executive summaries, which were previously considered and approved by the Board, contained their respective fiscal impact statements. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal Year 2002 -03 adopted budget. Prepared b : ` Date: p y Michael Smykowski, OMB Director Approved B Y� �Cou�a�nar Date: James V. Mudd, nty Mge -A ITEN4 l7 OCT 1 4 2003 d k COUNTY OF COLLIER NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 200203 ADOPTED BUDGET All interested parties are invited to attend a public hearing on this matter to be held on October 14, 2003, at 9:00 a.m. or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on weekdays between 8:06 a.m. and 5:00 p.m. at the Office of Management and Budget, 2nd Floor, W. Harmon Turner Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk of Courts Board of County Commissioners Collier County, Florida Tom Henning, Chairman Budget .amend. Fund Change Fund No. No. Fund Title Amount Total 03 -053 126 Metro Planning 591,854 55,395,594 PURPOSE: To appropriate carryforward of insurance proceeds for purchase of two reconditioned transit buses. 03 -067 001 General Fund $372,843 $225,050,561 PURPOSE: To recognize carryforward for transfer to Sheriff for projects not completed in FY 02. 03 -068 040 Sheriff $192,843 PURPOSE: To appropriate transfer for completion of projects started in FY 02. 03 -071 101 Transportation Services $10,393 PURPOSE: To appropriate carryforward for purchase of communication equipment. 592,619,443 $16,913,095 0 L i 1 4 2003 Budget Amend. Fund No. No. Fund Title Change Amount Fund Total 03 -072 111 MSTD General Fund 58,765 833,182,743 PURPOSE: To recognize carryforward for transfer of funds to landscape operations. 03 -073 112 Landscape Operations 58,765 $2,389,576 PURPOSE: To appropriate transfer for payment of engineering fees. 03 -074 155 Forest Lakes Roadway & Drainage MSTU 543,954 5432,854 PURPOSE: To appropriate carryforward for general improvements. 03 -075 156 Immokalee Beautification MSTU 537,885 $850,607 PURPOSE: To appropriate carryforward for general improvements 03 -082 112 Landscape Operations 580,000 52,469,576 PURPOSE: To appropriate interfund transfer for replacement of irrigation system on Pine Ridge Road at the Vineyards. 03 -086 304 1981 Unincorporated Area CEP 5956 $112,756 PURPOSE: To appropriate carryforward for Wiggins Pass dredging. 03 -092 112 Landscape Operations $4,025 $2,473,601 PURPOSE: To appropriate interfund transfer for additional work on the Davis Boulevard Phase IE- Landscape Renovation project. 03 -101 111 MSTD General Fund 57,480 $33,190,223 PURPOSE: To appropriate interfund transfer for equipment for expanded positions in Code Enforcement. n OCT Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 03 -105 118 Isles of Capri Fire /Rescue $2,230 $344,718 PURPOSE: To appropriate interfund transfer and grant proceeds for purchase of fire equipment. 03 -109 490 Emergency Medical Services $199,500 $14,639,792 PURPOSE: To recognize ambulance fee revenues from NCH agreement to provide inter- facility transports. 03 -110 101 Transportation Services $180,500 $17,093,595 PURPOSE: To appropriate interfund transfer for the Alternative Transportation Modes Department. 03 -150 112 Landscape Operations $5,730 $2,479,331 PURPOSE: To appropriate MSTD General Fund (I 11) transfer for US 41 North Phase I Landscape & Irrigation Project. 03 -155 172 Conservation Collier $117,000 $117,000 PURPOSE: To appropriate General Fund transfer for implementation of Conservation Collier Implementation Ordinance 2002 -63, adopted 12/3/02. 03 -156 301 Countywide Capital $238,500 $20,717,846 PURPOSE: To appropriate General Fund transfer for SAP implementation. 03 -157 001 General Fund $238,500 5225,289,061 PURPOSE: To appropriate excess fees from Clerk of Courts for SAP implementation. 03- 162 301 Facilities Countywide $357,000 521,074,846 PURPOSE: To appropriate General Fund transfer for N. Naples Government Service Center project. ..-.m_N'DA 1TEM 1 j 0 C T 1 4 2003 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 03 -164 111 -MSTD General Fund S13,563 $33,203,786 PURPOSE: To appropriate carryforward for purchase of office equipment. 03 -166 101 Transportation Services Fund $22,000 $17,115,595 PURPOSE: To appropriate carryforward for purchase of office equipment. 03 -171 373 Isles of Capri Fire Impact Fee $27,491 S48,391 PURPOSE: To recognize additional impact fee revenue for purchase of fire equipment. 03 -176 313 Gas Taxes $94,928 $174,289,637 PURPOSE: To appropriate carryforward for Transportation Pathways program. 03 -193 126 Metropolitan Planning Organization $11,800 55,499,248 PURPOSE: To appropriate transfer from General Fund for Public Transportation System in rural areas. 03 -204 112 Landscape Operations $2,317 52,481,648 PURPOSE: To appropriate transfer from MSTD General Fund for landscape work. 03 -218 118 -Miscellaneous Grants $2,749 5347,467 PURPOSE: To appropriate transfer from Isles of Capri for purchase of wild land firefighting equipment. 03 -220 144 Isles of Capri Fire Control $26,000 5538,200 PURPOSE: To appropriate additional revenue from Protective Inspection Fees for unanticipated labor and repairs on a surplus vehicle and operating equipment. N �7 OCT 1 9 4 2003 P1._ Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 03 -244 160 03 -247 188 03 -281 313 03 -300 111 03 -307 112 03 -313 114 03 -324 495 03 -327 113 Bayshore Beautification MSTU PURPOSE: To appropriate carryforward for improvements within the Bayshore Beautification MSTU. 800MHz IRCP PURPOSE: To appropriate carryforward for additional tower lease agreements required to complete radio system expansion. Gas Taxes PURPOSE: To appropriate developer contribution for intersection improvements. MSTD General Fund PURPOSE: To appropriate user fees to expand recreational sailing program at Su-den Regional Park. MSTD General Landscape Projects PURPOSE: To recognize transfer from MSTD General Fund to establish contingency reserves for landscaping projects. Pollution Control & Prevention Department PURPOSE: To appropriate revenues to implement water sampling contract with South Florida Water Management District. Airport Authority PURPOSE: To appropriate fuel sale revenue to replenish fuel supplies for resale. Community Development PURPOSE: To appropriate transfers for contract agreement with the Bureau of Surveying & Mapping of the FDEP. $112,249 $954,241 $54,211 $877,011 $195,793 $174,485,430 524,500 $33,228,286 550,000 $2,531,648 $40,000 $2,915,647 $105,600 $2,343,400 $55,649 $32,457,381 OCT 1 4 2003 Budget Amend. Fund No. No. Fund Title Change Fund Amount Total 03 -328 114 Pollution Control & Prevention Department $22,000 52,937,647 PURPOSE: To appropriate revenue from Public Utilities Engineering into reserves. 03 -330 517 Group Health & Life Insurance $3,750,000 523,173,318 PURPOSE: To appropriate funds for claims expenditures and to maintain Incurred But Not Reported reserve requirements. 03 -346 111 MSTD General Fund $25,000 533,253,286 PURPOSE: To appropriate transfer for mail -out ballot to all Naples Park property owners. 03 -360 191 State Housing Incentive Partnership (SHIP) 585,000 56,101,383 PURPOSE: To recognize funds from Affordable Housing Inter -local Agreement with the City of Marco Island. 03 -363 1 11 Communication and Customer Relations S190,000 533,443,286 PURPOSE: To appropriate Cable TV Franchise Fees to enhance audio /visual features in the Boardroom to benefit the public. 03 -371 411 Water Impact Fee Fund $36,400 551,758,898 PURPOSE: To appropriate transfer for services performed in areas outside the County Water -Sewer District. 03- 372 413 Sewer Impact Fee Fund 519,700 5147,424,389 PURPOSE: To appropriate transfer for services performed in areas outside the County -Water Sewer District. 03 -377 408 County Water /Sewer Operating 520,000 $66,844,208 PURPOSE: To recognize transfer for Vanderbilt Lagoon Restoration project. S. f R 1kr) C E 1 4 2003 7 i Budget Amend. Fund No. No. Fund Title Change Amount Fund Total 03 -393 118 Emergency Management Grants $4,230 $351,697 PURPOSE: To recognize 50/50 Volunteer Assistance grant for fire equipment. 03 -472 112 MSTD General Landscape Projects $210,958 $2,742,606 PURPOSE: To appropriate MSTD General Fund transfer to advance the design of several landscaping projects. 03 -485 112 MSTD General Landscape Projects $66,800 $2,809,406 PURPOSE: To recognize transfer from MSTD General Fund for mowing contract. 03 -487 151 Sabal Palm Road MSTU $14,000 527,600 PURPOSE: To appropriate carrytorward for maintaining the MSTU for the remainder of FY03. 03 -496 001 General Fund 513,000 $225,302,061 PURPOSE: To appropriate reimbursements for security personnel for after -hour security measures. 03 -497 602 Sheriff's Confiscated Trust $35,200 $145,762 PURPOSE: To appropriate carryforward for the VOCA, JAIM, JAR, STOP and Traffic Crash grants. 03 -498 115 Sheriff's Grant Fund $4,300 $1,371,715 PURPOSE: To recognize transfer from Sheriffs Confiscated Trust Fund for the JAR grant. 03 -499 115 Sheriffs Grant Fund $5,700 $1,377,415 PURPOSE: To recognize transfer from Sheriffs Confiscated Trust Fund for the Victims of Crime Act grant. i -a i iii %�j ii i � f OCT 1 4 2003 Budget Amend. Fund No. No. Fund Title Change Fund Amount Total 03 -500 115 Sheriffs Grant Fund $8,700 $1,386,115 PURPOSE: To recognize transfer from Sheriff's Confiscated Trust Fund for the STOP Violence Against Women grant. 03 -501 115 Sheriff's Grant Fund $5,800 $1,391,915 PURPOSE: To recognize transfer from Sheriff's Confiscated Trust Fund for the Traffic Crash grant. 03 -502 115 Sheriff's Grant Fund $10,700 $1,402,615 PURPOSE: To recognize transfer from Sheriff's Confiscated Trust Fund for the Juvenile Arrest and Monitoring grant. 03 -503 602 Sheriff's Confiscated Trust S4,618 $150,380 PURPOSE: To appropriate carryforward for the Anti- Terrorism/Coastal Defense grant. 03 -505 115 Sheriff's Grant Fund $95,400 $1,498,015 PURPOSE: To recognize transfer from FDLE and Confiscated Trust Fund for domestic security coastal defense training and equipment. 03 -521 1 1 1 NISTD General Fund $10,000 533,453,286 PURPOSE: To recognize funds from Alltel Corporation to purchase sail boats for Sugden Regional Park sailing program. 03 -522 111 MSTD General Fund $2,000 $33,455,286 PURPOSE: To recognize contribution from private source for a memorial bench. 03-52' ) 001 General Fund $2,000 $225,304,061 PURPOSE: To recognize contribution from private source for a memorial bench. 4 Budget Amend. Fund No. No. Fund Title 03 -529 111 MSTD General Fund PURPOSE: To appropriate funds from insurance claim, and reimbursement of staff time from Conservation Collier program. 03 -538 101 Transportation Services PURPOSE: To appropriate Road Damage Fees. 03 -571 001 General Fund PURPOSE: To recognize building expense reimbursement. 03 -575 144 Isles of Capri Fire PURPOSE: To recognize inspection fee revenue. 03 -579 189 Wireless 911 PURPOSE: To appropriate carryforward and balance of receipts fro 1,tate of Florida for the Wireless 91 roject. 03 -582 114 Pollution Control & Prevention PURPOSE: To recognize interfund transfer from Pollution Cleanup & Restoration Fund (108). 03 -583 108 Pollution Control & Prevention PURPOSE: To recognize carryforward and residual equity transfer. 03 -588 474 Solid Waste Capital Projects PURPOSE: To appropriate interfund transfer to reinforce driveways for waste collection vehicles to turn around at the end of a road. 03 -595 111 MSTD General Fund PURPOSE: To appropriate interfund transfer for payment of legal fees. Change Amount $13,100 $112,900 Fund Total $33,468,386 $17,228,495 $60,900 $225,364,961 $19,000 $97,000 $60,414 $60,414 $200,000 $75,000 $557,200 $243,400 $2,998,061 $60,414 $200,000 533,543,386 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 03-624 144 Isles of Capri Fire $25,000 $582,200 PURPOSE: To appropriate interfund transfer for new motor for fire engine. I- 2., 'U c 3 RESOLUTION NO.03 -BAR- A RESOLUTION PURSUANT TO SECTION 229.06(2)1 FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 2002 -03 FISCAL YEAR. WHEREAS. Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as 'Board ") at any time within a fiscal year may within 60 days of a fiscal year amend the budget for the prior fiscal year, and provides the procedures therefor; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which provide for but are not limited to: anticipated carry forward, unanticipated revenue; and increased receipts for enterprise or proprietary funds received for a particular purpose; and WHEREAS, the public hearing for the adoption of this Resolution was advertised in the Naples Dailv News pursuant to Section 129.06(2)(f), Florida Statutes. WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 3002 -03 by resolution pursuant to Sections 129.06(2)(e & f), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the budget amendments to the FY 2002 -03 Budget described below are approved and hereby adopted and the FY 2002 -03 Budget is so amended. INCREASE (DECREASE) CARRY FORWARD INCREASE BUDGET OR INCREASE INCREASE INCREASE (DECREASE) AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) INTERFUND FUND NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES TRANSFERS. 126 03- 053 $91.854 591,854 001 03 -067 $37,843 $1M000 $192,543 040 03 -068 5192,843 $192,843 101 03 -071 510,393 $10,393 111 03 -072 58,765 $8,765 112 03 -073 $8,765 $8,765 155 03 -074 $43,954 $43,954 156 03 -075 537,885 537,885 112 03 -082 $80,000 $50,000 304 03 -086 $956 $2,756 ($1,800) 112 03 -092 $4,025 $4,025 ill 03 -101 $7,480 $37,400 ($29,920) 118 03 -105 $1,115 $1,115 $2,230 490 03 -109 $199,500 $199,500 OCT 1 4 2003 3 - 2 - INCREASE (DECREASE) CARRY FORWARD INCREASE BUDGET OR INCREASE INCREASE INCREASE (DECREASE) AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) INTERFUND FUND NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES TRANSFERS 101 03 -110 $180.500 $180,500 112 03 -150 $5,730 55,730 172 03 -155 $117,000 $117.000 301 03 -156 $238,500 $238.500 001 03 -157 5238,500 $238,500 301 03 -162 $357,000 $357.000 Ill 03 -164 $13563 $13,563 101 03 -166 $22,000 $22.000 373 03 -171 527,491 527,491 313 03 -176 $94,928 594,928 126 03 -193 $11,800 SII.S00 112 03 -204 $2,317 $2.317 118 03 -218 51.375 51,374 52.749 144 03 -220 $26,000 $26,000 160 03 -244 $112,249 $112.1-49 ISS 03 -247 554.211 525.792 525.419 313 03 -281 $195,793 $195,793 111 03 -300 524.500 $10,500 $14.000 112 03 -307 $50,000 550.000 114 03 -313 540,000 $40,000 495 03 -324 5105,600 $105,600 113 03 -327 $55,649 555,649 114 03 -328 $22,000 522.000 517 03 -330 $3.594,500 $155,500 $3,750.000 111 03- 346 $25,000 $25.000 191 03 -360 585,000 585.000 111 03 -363 $190.000 5190,000 411 03 -371 $36,400 $36,400 413 03- 372 $19,700 519,700 408 03 -377 $20,000 $20,000 118 03 -393 $2.115 $2,115 $4,230 112 03 -472 $210,958 $210,958 112 03 -485 $66,800 $66,800 151 03- 487 $14,000 S14,000 - 2 - FUND BUDGET :AMENDMENT NUMBERS INCREASE (DECREASE) C: RRY FORWARD OR 1NTERFUND TRANSFERS INCREASE (DECREASE) RECEIPT INCREASE (DECREASE) EXPENDITURE INCREASE (DECREASE) RESERVES INCREASE (DECREASE) INTERFUND TRANSFERS 001 03 -496 $13,000 $13,000 602 03 -497 $35,200 $35,200 115 03 -498 $4,300 $4,300 115 03 -499 $5,700 55,700 115 03 -500 $8,700 $8,700 115 03 -501 55,800 S5.800 115 03 -502 $10,700 510,700 002 03 -503 $4,618 $4,618 115 03 -504 $4,618 $90,782 $95,400 111 03 -521 $10,000 $10.000 i l 1 03 -522 $2.000 $2,000 001 03 -523 $2.000 $2.000 111 03 -529 $13.100 513,100 101 03 -538 5112.900 $11''900 001 03 -571 $60900 560.900 144 03-575 S19,000 $ 19.000 189 03 -579 $97.000 5379,710 (~282.710) 114 03 -582 560,414 $60.414 108 03 -583 560,414 560.414 474 03 -588 5200.000 5200.000 Ill 03 -595 575,000 575,000 144 03 -624 525,000 525,000 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk R, DEPUTY CLERK .Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN — 3 — i i __JAJ EXECUTIVE SUMMARY VA- 2003 -AR -4243, MELANIE BEEBE REQUESTING A VARIANCE OF 11.9 FEET FROM THE MINIMUM SIDE YARD SETBACK OF 30 FEET TO 18.1 FEET FOR THE EXISTING SINGLE FAMILY RESIDENCE AND 12 FEET FROM THE MINIMUM SIDE YARD SETBACK OF 30 FEET TO 18 FEET FOR THE EXISTING UTILITY SHED ON PROPERTY T OCATED AT 245 22ND AVENUE NE, FURTHER DESCRIBED AS GOLDEN GATE ESTATES, UNIT 23, EAST 180 FEET TRACT 50, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider the petitioner's request for a variance from the minimum side yard setback of 30 feet to 18.1 feet for the single- family dwelling, and 18 feet for the front utility shed. CONSIDERATIONS: The applicant purchased this property at 245 22nd Avenue N.E. in 2001. The individuals which sold this property to the applicant had built the existing residential structure and utility shed on the original Tract 50. They later subdivided Tract 50 into two lots through the County Recorders Office prior selling the property to the applicant. When the property was subdivided, it created a non - conforming condition to the side yard setback requirements for the existing residential structure and utility shed on the east 180 feet of Tract 50. The applicant was made aware of the non- conforming status of these two structures when Code Enforcement cited them for a code violation for the utility shed in 2002. The applicant is requesting relief from the side yard setback requirement for these two structures because this is how they purchased this property. The regulations governing the setback of buildings are drafted primarily to reflect the community's desires for maintaining minimum life, health, safety, light, and air standards, and are established in the Land Development Code. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: executive summaryNA- 2003 -AR -4243 AGENDA ITE?t No. i 0 C T 14 2003 1 -3 ENVIRONMENTAL ISSUES: The subject variance is for the side setback building limits for the existing single- family residence and the front utility shed. There are no unusual environmental issues associated with this petition. HISTORIGARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment are required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on September 18, 2003. The Commissioners heard the presentation by the petitioner and the staff presentation. The Planning Commission voted unanimously (9 -0) to approve the motion and forward the petition to the BZA with a recommendation of approval. Staff has not received any correspondence in opposition to this request. Because no one spoke in opposition to the granting of the variance, and it meets the other required criteria, this petition has been placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Initially, staff had recommended that relief from the side yard setback for the front shed not be approved. After the discussion held by the applicant and the Collier County Planning Commission, staff has no objection with recommending approval for relief from the side yard setback to both the existing single - family residence and the front utility shed. It is staff s opinion that granting the variance will be in harmony with the general intent and purpose of the Land Development Code. Therefore, Planning Services staff recommended that the CCPC forward Petition VA- 2002 -AR -3416 to the BZA with a recommendation of approval. rlo. 7 C executive summaryNA- 2003 -AR -4243 2-3 OCT 14 2003 pg. 02 PREPARED BY: -ot" - 1 14/�'U3 M ACH J. E L D UNT , CF DA E PRINCIPAL PL ER REVIEWED BY: 7 O USAN MURRAY, AICP DATE CURRENT PLANNING MANAGER APPROVED BY: -1 /?4 a JG(SIjpH K. SCH ITT DATE O MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive suni=TyNA- 2003 -AR -4243 3 -3 Wo.LL�— 0 C T 14 2003 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: AUGUST 18, 2003 SUBJECT: PETITION VA- 2003 -AR -4243 AGENT /APPLICANT: AGENT /APPLICANT: Melanie Beebe 24522 d Ave N.E. Naples, FL 34120 REQUESTED ACTION: The petitioner is requesting two after- the -fact variances for two different structures. The first is a variance from the required 30 -foot side yard (west boundary), to allow an existing single- family home to remain at 11.9 -feet from the side property boundary. The second is a variance from the required 30 -foot side yard setback (west boundary), to allow an existing shed at 12 feet from the side property boundary. GEOGRAPHIC LOCATION: The subject property is located at 245 22nd Avenue N.E., further described as Golden Gate Estates, Unit 23, the East 180 Feet of Tract 50, as recorded in Plat Book 7, Page 9, of the public records of Collier County, Florida in Section 27, Township 48 South, Range 27 East (See Location Map, Exhibit 1). PURPOSEIDESCRIPTION OF REQUEST: The LDC addresses minimum yard requirements within the Estates zoning district in LDC Section 2.2.3.4.3, stating: AGENDA ITEM Side yard. 30 feet, except for legal nonconforming lots of record, which a Petition VA- 2003 -AR -4243 CCPC Date: September 18, 2003 Page i of 6 4 ZW3 ' i PZ-i- m O Z D N O O W D A N A W r— O 0 D O Z D m TD V YOLSON BOULEVARD i ,g N 9 s x r ° N� + O D v isms D 5 c �^ z z m N c c A � °D A fq W ca: z oil xaa� Yi�o :g MIR -MAR d n mw> s�N A1% �g -g 0 D z o eg sA � s� 8 � 0 0 GENDAITEM/ r m - Z m w F g _1.2__l T 14 2003 . ° r k tca Wx» rsg EXHIBIT 1 — � Sg a � YOLSON BOULEVARD i N s x r N� + O D v D 5 c �^ z z m N c c A � °D A fq CANAL MIR -MAR s n mw> m D z o 0 0 to zi D GENDAITEM/ r m - Z m w F g _1.2__l T 14 2003 . ° a cob EXHIBIT 1 — Pg. nonconforming due to inadequate lot width, in which case it shall be computed at the rate of ten percent of the width of the lot, not to exceed a maximum requirement of 30 feet. The previous property owner built the existing house in 1984, and the shed at sometime before they sold the property to the Beebe's in 2001. At the request of the former property owner, the subdivision of Tract 50 was approved by the County Property Appraiser's Office in 1984. When this subdivision occurred, the new property line was located 11.9 feet from the subject home. The subject property is a conforming lot, 180 feet wide (See Property Survey, Exhibit 2). The Code Enforcement Department received a complaint on March 18, 2002 that an 8' x 8' shed was built without a permit and placed too close to the property line. When the applicant approached the County to apply for a variance for the front shed, they were informed that not only was the shed too close to the side property line, but their home was as well. The applicant claims that when they purchased their home three years ago, there was no mention by the mortgage company that the either existing single- family residential home or the shed was a non- conforming structure. The applicant went before the Board of County Commissioners on April 22, 2003 to request a waiver of fees for their variance request. The Board agreed to allow an "After- The - Fact" variance fee of $1000.00 for the Beebe's request. A building permit for the shed has not been applied for, as of the time of this variance application. GROWTH MANAGEMENT PLAN CONSISTENCY: The site has a future land use designation of "Estates" oa the County's Future Land Use Map. The Golden Gate Area Master Plan and the Growth Management Plan do not address variance requests; the Plan deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance for the existing single- family home, and the existing shed, which are authorized uses in this land use designation, therefore, the existing land uses are consistent with the Future Land Use Map. Staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. LAND USE AND ZONING (See Attachment B): Subject: Surrounding: North - East - South - West - (See Zoning Map, Exhibit 3) single family residential structure, zoned Estates vacant tract, zoned Estates drainage canal, zoned Estates single - family residential structure, zoned Estates single family residential structure, zoned Estates HISTORIC /ARCHAEOLOGICAL IMPACT: The LDC does not require this analysis for a variance. AGENDA ITEM, No,� 0 C T 14 2003 Petition VA- 2003 -AR -4243 CCPC 09lx Sepi mbar 18.2003 Page 2 of 6 I U � M U Q c Q W J uj no O- m 31:: Z O O0 to J 16200 3 A mz Li ISO, ° A 1 F E N C F E N C E p . i• N h 20.1' t L ___.- .: FENCr`: 0 23.%' J Y Z p J = U m V> z w Lr d S• 0 z � ~':1 V �� -- a lO z ; Q ~ W U Lilix Q Z O O of-- 00 fri ~ 1 W I 1 LL- I 1 0 I c 1. LLJ 24.4• a p z W n WU Q ~ ^ , WO U Lu 2 2• 24.4• - !t '•:5 p W S all W O 4 • O 0 2 mz Li ISO, ° A 1 F E N C F E N C E p . i• N h 20.1' r a. ma I 1 I 1 W I U 1 I W LL 1 3 j o 1 1 w Y F m O 1 u O I 1 F ENC�E 30 • ROADWAY=; EASEMENT _ LL °n °n -- N eo•ao�4 w �ao.00- 22ne AVENUE N.E. 60' WIDE VOWAD LINES JW J 1...O �d EXHIBIT 2 AGENpDA ITEM - NO. / OCT 14 2003 g. 7 P LL) 2 Y Z LLJ m V> w Lr d � LLJJ V a z ; Q � 00 fri 1 I 1 I 1 I r a. ma I 1 I 1 W I U 1 I W LL 1 3 j o 1 1 w Y F m O 1 u O I 1 F ENC�E 30 • ROADWAY=; EASEMENT _ LL °n °n -- N eo•ao�4 w �ao.00- 22ne AVENUE N.E. 60' WIDE VOWAD LINES JW J 1...O �d EXHIBIT 2 AGENpDA ITEM - NO. / OCT 14 2003 g. 7 P III IT Iv z I Z z z 9 0 9 n n n 0 c-, Z < c Z on EXHIBIT 3 )-C" 4 2003 pg I ffD- PU� CD a ---- ----------- on EXHIBIT 3 )-C" 4 2003 pg I CD on EXHIBIT 3 )-C" 4 2003 pg I _ e ' S' - �' R •i'i\ � tE a '! r " _- -y t��• zr i +L F _ J u � a 7' P 'sz s •c 1. _- � � i. , e .. •§ �� - 5� 1 f � ` s� � t • — �� ,�� , .fin° 1 1 t z. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. The subject site is a legal conforming lot of record with no land related hardships necessitating that either structure be built at their present locations. In addition, the shed was built without a building permit and is encroaching into the existing setback. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre- existing conditions relative to the property, which is the subject of the variance request? Yes. There are special conditions and circumstances relating to both the single - family structure and the shed. As previously noted, the lot split, created by the previous property owner, creates special circumstances for the current property owner in locating the westernmost property line on the subject property too close to the existing home and shed. The encroaching shed was built without a building permit. C. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. There are undue hardships relative to the house only. If this variance is not approved, the applicant would be forced to remove a portion of the existing house, which does not appear to be an economically feasible alternative, and would therefore, "create practical difficulties for the applicant." The relocation of the front utility shed would not be an undue hardship. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? AGENDA IT� Yes. With regards to the house only, the proposed variance is the minimum v - anLl9�_ allow the existing home to remain. The encroaching shed could be relocated. OCT 14 2003 Petition V4- 2003 -AR -4243 CCPC Date: September 18, 2003 Page 3 of 6 e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, no similar variances have been granted in this neighborhood. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The approval of this variance for the single - family home would have a negligible effect upon the neighborhood and would not be detrimental to the public welfare. The shed was built without a permit by the previous property owner at some time prior the sale of the property to the Beebe's. The shed is only 8' x 8' in area, and is 18 ` closer to the side property line than the code allows. As an accessory structure, this structure is subordinate to the principal structure. It should compliment the principal use, and not be a detriment to the property, by decreasing the aesthetic value of the property. This encroachment into the side yard setback area is clearly not in harmony the general intent and purpose of the code. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. There are no natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulations for both structures. There is an existing single - family home on the adjoining property nearest the two structures in question. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are special conditions and circumstances that warrant approval of a portion of this variance. Staff offers that approval is the appropriate action, if the conditions recommended by staff are incorporated into the approval. Therefore, Planning Services staff recommends that e CCPC forward Petition VA- 2003 -AR -4243 to the BZA with a recommendation of APPROV L VAWPA CONDITIONS. N-_ / ?_ OCT 14 2003 Petition VA- 2003- AR4243 CCPC Date: September 18, 2003 Page 4 of 6 I PQ. l t Staff is recommending approval of the variance for the residence, with the following conditions (Exhibit B to the resolution): 1. The variance granted is limited to the after - the -fact side yard encroachments for the existing house, located at 245 22nd Avenue N.E., as depicted and more particularly described in the applicant's site plan stamped "Received May 31, 2002." This site plan is included as Exhibit A; and 2. If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. 3. The front utility shed shall be removed, or a building permit shall be applied for the relocation of the existing front utility shed, which shall be relocated to meet the minimum setback requirements, within 60 days from the date of action taken by the Board of County Commissioners on this petition. The first condition identifies the site plan to pictorially clarify the limits of the variance approval. The second condition reiterates and embellishes upon LDC Section 2.7.5.7. regarding destruction and replacement of the structure. This condition recognizes the unique situation for the variance but requires any replacement or reconstruction of the home to be done in compliance with the regulations. Staff is recommending denial of the variance for the shed, based upon the following conditions: 1. The shed was built without a permit, 2. The shed is encroaching into the side yard area by 18 feet. 3. The removal of the shed would not be an undue hardship. 4. The intent and purpose of the code is not met by the encroachment of the shed into the side yard setback area. As of the date this staff report was prepared (August 18, 2003) no letters, either in support of, or in opposition to, this petition have been received. Petition VA- 2003 -AR -4243 CCPC Date: September 18, 2003 Page 5 of 6 N0. _C` OCT 1 4 2003 Pg. a2. PREPARED BY: MICHAEL J. E TZ, CFM PRINCIPAL PLANNER REVIEWED BY: SAN MURRAY, AICP CURRENT PLANNING MANAGER APPROVED BY: DATE DA E JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: KENNETH L. ABERNATHY, CHAIRMAN DATE Staff report for the September 18, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the October 14, 2003 Board of County Commissioners Mee Petition VA- 2003 -AR -4243 CCPC Date: September 18, 2003 Page 6 of 6 AGENDA ITEM No. OCT 14 2003 Pa 13 RESOLUTION NO. 03— A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA FOR PETITION NUMBER VA- 2003 -AR -4243 FOR AN 18.1 .. FOOT AFTER- THE -FACT SIDE YARD VARIANCE FROM THE REQUIRED 30 FEET TO 11.9 FEET FOR THE EXISTING ONE STORY SINGLE FAMILY RESIDENCE AND AN 18 FOOT AFTER- THE -FACT SIDE YARD VARIANCE TO 12 FEET FROM THE REQUIRED 30 FEET FOR THE EXISTING 8 FOOT BY 8 FOOT FRONT UTILITY SHED ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an 18.1 foot after- the -fact variance from the LDC Section 2.2.3.4.3.2 required side yard setback of 30 feet to 11.9 feet for the existing one story single family residence and an 18 foot after - the -fact side yard variance to 12 feet from the required side yard setback 30 feet for the existing 8 foot by 8 foot front utility shed as shown on the attached plot plan, Exhibit "A," in an "E" Estates Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The Petition VA- 2003 -AR -4243 filed by Melanie Beebe, representing Melanie Beebe, with respect to the property hereinafter described as: East 180' of Tract 50, Golden Gate Estates, Unit 23, as recorded in Plat Book 7, Pages 9 through 10, of the Public Records of Collier County, Florida AGENDA ITEM No. L_= OCT 14 2003 Pg. 14 be and the same hereby is approved for an 18.1 foot after- the -fact side yard variance from the required side yard setback of 30 feet to 11.9 feet for the existing one story single family residence, and for an 18 foot after- the -fact side yard variance to 12 feet from the required 30 feet for the existing 8 foot by 8 foot front utility shed, as shown on the attached plot plan, Exhibit "A," of the "E" Estates Zoning District wherein said property is located, and subject to the following conditions: 1. The variance is for the encroachments shown in Exhibit "A" only. Any other encroachment shall require a separate variance; and 2. In the case of the destruction of the encroaching structures, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA -2003 -4243 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, CLERK roved Is Form and eg 1 i ie Patrick G. ite Assistant County Attorney V A- 2003- AR- 4243/MDi to day of 12003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN OCT 14 2003 Pa. is VI U Q 1620 J V z 0 z O V Q LL- O W 0 z Q LtJ 14/ s��oF ,VAKO szrzoqo-K Lt 160 W O w O w O O VI IW 1. 1 1 F- 21 tLL /1 W U. X111;517 �A1 •;: I Z F E NCc W t3.17 - 1 Z z W c m i LL Q W xY A d '.� Q F E NCE p } Z UJ Q' LLI ;f ;S:;Y;3::R.,afG:�f:1f7113S AA�iY?f (i (/') � •: 20.1 ::<- •`e:acoiwxi I � N w : LL 1 . :i �: -iiiiY •: :.:Oiit:ti::: U O :a:: �+•:o•.i:a:�:ap• 1 J' .O' )•:' B r:O:J:OY)CO$Y. %�2;I::;iXJ,:i {L% 1 .L.•' �'i: is ..:.it:.::v {w::v, „w;:j::ii'i::L :e:r:••:x:. V � = � 5 s•::: :xa:: 2 • +-3• w i :;i:s:•i:•ii a • �. ':23tYtif: 1 o O l:Ifj, °. orb J. Cb d to <t•a;..•.. c F E N C ; ix F E N C E '' AGENDA ITEM — : °``' "''`' 30 ROADWAY 3- NO` _ }bc .0: ?2:0::x:• VA- Zao EASEMENT 0CTI NO3 C1 O� LL.. nev . N 80'40 •moo •w tso. s0 • pQ,J ` __ � 9 w.' •�iEKUR Y C VARIANCE PETITION RECEIVED MAR 2 5 2003 VA- 2003 -AR -4243 PROJECT #2003050059 DATE: 6/17/03 MIKE DERUNTZ (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: Date Petition Received: 3 Z O3 Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAII. INFORMATION: Petitioner's Name: Petitioner's Address: �k, T1 Telephone: Fax #: 3� J� 1 E -Mail Address: Agent's Name: Agent's Address: Fax #: Telephone: E -Mail Address: * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. 0 C T 14 2003 Pg. 1'I 03/13/2083 11:04 6595724 ADDRESSING PAGE 01 FF71 : PFD No. : 3537504 Feb. 24 2002 09 :44RM P3 ,4DDRESSIIV6 CHECALIST Please complete the following and submit to the addressing Section far Review. Not all item$ will apply to every Miect hlm&in }old lot= ream .%f n*Fwoni nrnr,ertu nr nranerties fcovv of tenighY description ►nay be attached) of above (attach to, or associate wtut, 3. Street address or addresscs (gs applicable, ifeloady assigma) de m1pttcn # more than one) 4. Location map, showing exact location of projectlsite in relation to nearest public road right -of -way (attach) 5. Copy of survey (NEEDED ONLY FOR L'NPLATTED PROPERTIES) 6. Proposed project name (Vfj licable) 1 i. Proposed Street narnes (if ap ' ica8le) v, 8. Site Development Plan Number (FOR BXST t4G PROJECTSISMS ONLY) SDP - 9- Petition Type— (Complete a separate Addressing Checklist for each Petition Type) n SDP (Site Development Pleas) ❑ PPL (Plans do Plot Review) ❑ SDPA (SDP Amendment) ❑ PSP (Preliminary Subdivision Plat) ❑ SDPI (SDP Iasubstand4l, ChwW) ❑ FP (Final Plat) • SIP (Site JMproveament Plan) O LLA (Lot Line Adjustment) • SIPA (SIP Amendment) C BL (Blasting Permit) • SNR (Street Nam chw gee) D POW (Right-of-Way Permit) • vegetation/Exotic (Veg. Removal Permit) Q MM (Excavation Permit) Land Use Petition (Variance, Conditional Use, o VRSFP (Vag. Removal & Site Fill Permit) Boat Dock Ext., Rem, PUD rezone, etc. -) O Otber - Down'be: 10. Project or development names proposed for, or already appearing in, eondorninium documents (if applicable, indicate whether proposed or existing) __Zk-.dM.0 ~03er .! 11, Please C wk One: ' l,8 Che cidist is to be F td Back ❑ Pownaliy Picked Up I2. Appliesat Narnd`np ni 2. _� Pbooe'sv5 7S'ty� -� F „( 13. Sipolvxe on Addressing Checklist does not constituu Project and/or Street Nam approval and is subject to further review by the Addressing Sectiom FOR STAFF USE ONLY Primary Number F 8_o Li.? Address Number Address Number Address Numbest' Approved by M I pq AJ Date '3---1 3 - 43 0 AGENDA OCT 14 r2003 P&J-L-, ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will apply to every project. Items in bold type are required. 1. Legal description of subject property or properties (copy of lengthy description maybe 2. Folio (Property ID) numfter(s) of above (attach to, or associate with, legal description if more than one) 3- 771CON5008 Street address or addresses (,s applicable, irf, I ady assigned) 4. Location map, s owing exact location of project/site in relation to nearest public road right -of -way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name ff appllic_able) 1 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS /SITES ONLY) SDP - 9. Petition Type — (Comph : a separate Addressing Checklist for each Petition Type) ❑ SDP (Site Development Plan) • SDPA (SDP Amendment) • SDPI (SDP Insubstantial Change) • SIP (Site Improvement Plan) • sIPA (SIP Amendment) ❑ SNR (Street Name Change) • Vegetation/Exotic (Veg. Removal Permits) • Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) ❑ PPL (Plans & Plat Review) • PSP (Preliminary Subdivision Plat) • FP (Final Plat) • LLA (Lot Line Adjustment) • BL (Blasting Permit) • ROW (Right -of -Way Permit) ❑ EXP (Excavation Permit) ❑ VRSFP (Veg. Removal & Site Fill Permit) ❑ Other - Describe: 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) (5!P r h d h n 0 i e I k A r i A.p 11. Please Check One: ❑ Checklist is to be Fa ed Back ❑ Personally Picked Up 12. Applicant NameM 0 At e 4 --\71 e PhoneO2S3_ %7!�I" �Fax 3 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number 29 Na Address Number Address Number Address Number Approved by Date Autnu/1 11 rm PQ, 1 1 Page 1 - Revised 7/02 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403 - 2400 /FAX (941) 643 -6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Master Association: Mailing Address Name of Civic Association: Mailing Address City State City State City City City State State Zip Zip Zip Zip State Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: 1; t 40 _Trac+ S6 Subdivision: Unit �3 Lot (s) Block (s) Section �� Twp• �_� Range a`� Property I.D. # 11q ► QObg Acreage Number: a •1 AGENDA ITEM Nm G FOCT 14 2003 PQ. c2 0 Metes & Bounds Description: Address of Subject Property: _ (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: �(;� -tx �e S' , s i/Ep•A Adjacent Zoning & Land Use: ZONING LAND USE S �� S1�n T�ia�t; I-T -41414 (6:40 w i11 +1c4.el� -�►� 13 1 E T Minimum Yard Requirements for Subject Property: Front: Side: Rear: 1 Corner Lot: Yes � No ❑ N Qk r6gd d(w&* on CQnq � Waterfront Lot: Yes ❑ No k c9o� AGENDA ITEM NM 17 C OCT 14 2003 PQ, 2 1 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. C o c.� e .-oA ---Cos A,I OCT 14 2003 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1 -8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre - existing conditions relative to the property which is the subject of the variance request. a 4 4\0- C t Ne-P o (Q u Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. Will the variance, if granted, be the mi=' urn variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. ck QUA M hc") yse AGENDA ITEM N0. ? C OCT 14 2003 Pg. a 3 FROM : PHONE NO. : 3537504 Feb. 24 2002 09:48AM P11 � • y ,,mid r AFFIDA VIT W1- /11 m (t K'�o y being first duly sworn, depose and say that we /1 am /are the owners of the property described herein and which is the subject matter of the proposed hearing, that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief- Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Web further authorize as our /my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of 19 , by who is personally known to me or has produced as identification. to act State of Florida (Signature of Notary Public - State of County of Collier Florida) (Print, Type, or Stamp Co Name of Notary Public) AGENDA ITEM Na�� OCT 14 2003 J� _�. VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF COPIES REQUIRED 1. Completed Application 15 1.5' 2. Completed Owner /Agent Affidavit, Notarized 1 3. Pre - application notes /minutes 15 4. Survey of property, showing the encroachment measured in feet 1 5. Site Plan depicting the following: a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 15 / 6. Location map depicting major streets in area for reference 1 / 7. Pre - Application fee, Application fee and Data Conversion fee, checks shall be made payable to Collier County Board of Commissioners - — 8. Other Requirements - - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. bao '� LO-b � c)3 Ap lic t/Agent Signature Date GACurrent\Application Forms \VARIANCE PETITION Aoc (R).doc 3/3/2003 AGENDA ITEM No. / I G 0 C T 14 2003 PQ Q S PRE -APP REQUEST 1) Signed Addressing Form indicating your project's property folio numbers. (Do this early. It may take up to 3 days to process the Addressing Form.) 2) $300.00 Pre -App meeting fee. (Please make checks payable to: Board of County Commissioners) 3) Applicant's, or agent's address where the receipt can be swat. CONTACT PERSON: TIM BEEBE REPRESENTING: SELF ❑PUD ❑BOAT DOCK ❑PUD AMENDMENT ❑CONDITIONAL USE ❑REZONE ❑PSP MOTHER FITHIS REQUEST IS FOR A COMMERCIAL BUILDING LOCATION: 245 - 22ND AVE NE ZONING: ESTATES PHONE ( ) 455 - 3795 ❑SDP ❑SDP AMENDMENT ®VARIANCE ADDITIONAL INFORMATION: HAS EXISTING WELL HOUSE /SHED THAT HE WAS SITED BY CODE ENFORCEMENT FOR ENCROACHMENT INTO REQ. 30' SIDE YARD.. ESTIMATE TO BE 8' OFF SIDE PROPERTY LINE DATE & TIME OF THE REQUEST: Thursday, ARril 18. 2002 - 7:28:53 AM INFO TAKEN BY: CLS ASSIGNED TO: Don Schneider /Fred to assist DATE ENTERED INTO TRACKING LOG: COMMENTS AGENDA ITEM NM / -1_C✓ OCT 14 2003 Pg. �2- 4 MEETING NOTES COLLIER COUNTY * * ** DEVELOPMENT SERVICES DEPARTMENT * * ** DATE �� - Z TIME ` `� TOPIC OF MEETING ZEE -'f-) PP ATTENDANCE(print name clearly) �(2 ISCIA A_:)L. wo LA KEY POINTS /UNDERSTANDINGS /CONCLUSIONS NOTES BY ( �C I�+ ✓� e�o�e�' /i •i -tCv/.5/AIA1')"LlAJ t`t 4A C-n U N i %Ik A 4c� o- ,L/4, AGENDA pg. "` I EXECUTIVE SUMMARY VA- 2003 -AR -4426, ANDREW SOLIS, ESQUIRE., OF SIKET & SOLIS,LLP, REPRESENTING JOHN J. SLAUGH, OWNER, REQUESTING A 7.4 -FOOT AFTER -THE- FACT FRONT YARD SETBACK VARIANCE FROM THE REQUIRED 15 FEET LEAVING A 7.6 -FOOT FRONT YARD FOR 1.46 ACRES OF PROPERTY LOCATED IN THE "E" ESTATES ZONING DISTRICT. THE PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF 1sT STREET S.W. AND GOLDEN GATE BOULEVARD, IN GOLDEN GARE ESTATES, SPECIFICALLY IN SECTION 9, TOWNSHIP 49 S, RANGE 27 E, COLLIER COUNTY, FLORIA. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced variance petition and render a decision regarding the variance petition. CONSIDERATIONS: The applicant is requesting an after- the -fact variance in the "E" Estates zoning district from the minimum required 15 -foot front yard setback along 1sT Street S.W., (east boundary), to allow a 7.6- foot front setback for a single- family home currently under construction. The amount of variance requested is 7.4 -feet. The petitioner wishes to be allowed to keep the home that is under construction on the site without being required to modify it to conform to the required yard setbacks. According to the site plan, the structure will meet all other required yard setbacks. The setback encroachment was discovered when the spot survey was submitted to the County. The setback encroachment appears to have resulted from several errors. The County issued a building permit to allow construction of a home shown on a site plan with a 7.5 -foot setback instead of the minimum required 15 -foot setback. Compounding that oversight, the spot survey was also approved showing the 7.5 -foot setback.. The'petitioner now seeks to legitimize the two errors and allow the home to legally exist on the lot as constructed. Staff has analyzed the guidelines associated with the variance request, and has determined that although there is no land- related hardship associated with this variance, there are several ameliorating factors: the 100 -foot separation distance from the closest home; and the initial approval of the building permit by the County. In addition, the subject property owner would be the most affected property owner of any negative impacts associated with the home's location nearer the roadway. Approval of the variance to provide relief will be in harmony with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. Petition VA- 2003 -AR -4426; J.J. Slaugh; Executive Summary Page 1 of 3 AGEMA I No. 1TI 11T 11 2003 Pg. l FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not, affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. HISTORIC /ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCP0 RECOMMENDATION: The Collier County Planning Commission heard this petition on September 18, 2003. The Planning Commission made the motion to forward petition VA- 2003 -AR -4426 with a recommendation of Approval with Conditions; The motion passed unanimously. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommends approval of the request subject to the following conditions: 1. The variance granted is limited to the after- the -fact front yard encroachment for the house under construction, as depicted and more particularly described in the applicant's site plan entitled, " Variance Petition Exhibit," dated 2003. This site plan is included as Exhibit A; 2. If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. Petition VA- 2003 -AR -4426; J.J. Slaugh; Executive Summary /7 OCT 14 2003 Page 2 of 3 P9. 0 PREPARED BY: ROBIN MEYER DATE PRINCIPAL PLANNER REVIEWED BY: SAN MURRAY, AICP DA YE CURRENT PLANNING MANAGER APPROVED BY: f12. 4: a3 JO fK. SCH T D TE C TY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Executive summaryNA- 2003 -AR -4426 AGENDA ITW No. �7 OCT 14 2003 Petition VA- 2003 -AR -4426; J.J. Slaugh; Executive Summary Page 3 of 3 PQ AGENDA ITEM 8 -D 0 "O to MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: September 18, 2003 SUBJECT: PETITION VA- 2003 -AR -4426 AGENT /APPLICANT: AGENT: Andrew I. Solis, Esquire Siket & Solis, LLP 11005 1h Avenue, Suite 301 Naples, FL 34102 REOUESTED ACTION: APPLICANT: J.J. Slaugh General Contracting, Inc. P.O. Box 990520 Naples, FL 34103 The applicant is requesting an after - the -fact variance in the "E" Estates zoning district from the minimum required 15 -foot front yard setback along Is` Street S. W., (east boundary), to allow a 7.6 foot front yard setback for a single family home that is currently under construction. The amount of variance requested is 7.4 feet. GEOGRAPHIC LOCATION: The subject property is located at 105 1" Street S.W., the East 105 feet of Tract 123 Golden Gate Estates, Unit 12, as recorded in Plat Book 4, Pages 105 & 106, Collier County, Florida. PURPOSE/DESCRIPTION OF REQUEST: The petitioner wishes to be allowed to keep the home that is under construction on the site without being required to modify it to conform to the required 15 -foot front yard setback. According to the site plan, the structure will meet all other required yard setbacks. The setback encroachment was discovered after the spot survey was submitted and approved by the County. The setback encroachment appears to have resulted from several errors. The County issued a building permit to allow construction of a home shown on a Septic System Layout Plan drawn by Drainfield Services & Design, Inc., which inadvertently mis -- dimensions and setbacks. This error was compounded by the County by approvin with a 7.4 -foot setback instead of the minimum required 15 -foot setback. The Petition VA- 2003 -AR -4426 CCPC Dates August 2t, 2003 Page i of 8 SnE ITEM bii, -b OCT 14 2003 further compounded with the County's approval of the spot survey which also showed the 7.4 . foot set back. The petitioner now seeks to legitimize the errors and allow the home to legally exist on the lot as constructed. The lot is a corner lot, therefore all sides of the lot adjacent to streets are to be considered frontage and structures must adhere to street frontage setbacks along the two front lot lines, pursuant to LDC Division 6 quoted below: Yard, front: The required open space extending across the entire width of the lot between the front building line and street right -of -way line. Where double- frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein. [underlining added for emphasis] The LDC addresses minimum yard requirements within the Estates zoning district in LDC Section 2.2.3.4.3.1 -3. stating: 1. Front yard. 75 feet, except in the case of Conforming corner lots, in which case only one full depth setback shall be required, along the shorter lot line along the street. The setback along the longer lot line may be reduced by up to 50 percent. Note: For lots which do not conform to the minimum lot width or area requirements, see definition of yard, front. [underlining added for emphasis] This lot does not conform to the minimum lot width or area requirements, i.e., it is a Iegal nonconforming lot of record, thus the definition quoted below prevails (LDC 6.3): Yard, front:.. . ....In all zoning districts, the full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage. In all zoning districts, except the E (Estates) zoning district, the setback requirement for the remaining front yard(s) shall not be reduced by more than 50 percent of the full front yard setback requirement for that district, exclusive of any road right -of- way or road right -of -way easement. Additionally, in the E (Estates) zoning district only, the setback requirement for the remaining front yard(s): 0) shall not be reduced to less than 15 feet, and (ii) shall not include any road right -of- way or road right -of way easement within the reduced front yard. [underlining added for emphasis] The site plan provided shows compliance with the full depth front yard requirement along the shorter lot line, but the petitioner's home does not meet the 15 -foot minimum yard requirement along the longer street setback. The Collier County Land Development Code (LDC) Section 2.2.3. sets forth the following in the Purpose and Intent of the Estates zoning district: AGENDA ITEM No. �? The purpose and intent of the Estates district (E) is to provide lands for l OCT - 14 2003 Petition VA- 2003 -AR -4426 CCPC Date: August 21, 2003 Page 2 of 8 / density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities ... The proposed variance is not in conflict with the purpose and intent of the Estates zoning district. NOOdiwiov 680.00'Y 00dt9'201E 680.2V M «m ownw «nr — _ _ _ _ _ _ _ _ _ _ _ -- _ _.saroeeosuwncw _________ _ _• ev F_ — — — — — — — — — — — — — — — — — — — — — — — — — s _, ne I . — — — — — EAST 105' TR UNIT ---------------------- - - - - -- -- NOOd1910 "E 600.00'r 1400d1947"E 680.00' M LEGAL DESCRIPTION THE EAST 105'OF TRACT 123 GOLDEN SITE PLAN GATE ESTATES MT 12 A9 RECORDED IN SCALE. 1" = 30' PLAT 80015 4, PAGE 105 14106, COLLIER COUNTY. FLORIDA I LOLIC RECORDS SURROUNDING LAND USE AND ZONING: Subject: Single family home, under construction, zoned Estates Surrounding: North - Golden Gate Boulevard, undeveloped Estates zoned tracts East - 1St Street S. W. South - Single Family home, zoned Estates West - Single Family home, zoned Estates PetiUan VA- 2003 -AR -4426 CCPC Date: August 21, 2003 Page 3 of 8 AGENDA ITRA No. 7 OCT 14 2003 Pg. G L Gnlrlen C;atPRlvcl ti IL 4. i m jai Id It r A T O : un n r-' ,s Ti I ilk � 1 ' I 17 r im i7 IL + ITT j�I+ltr e f 17 rw Zoninp. OCT 14 2003 Petition VA- 2003 -AR -4426 CCPC Date: August 21, 2003 Page 4 of 8 Pg. I _ GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located in the Estates Land Use Designation on the County's Future Land Use Map. This land use category is described in the GMP as follows: The Estates Land Use Designation encompasses lands which are already subdivided into semi -rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gates Estates Subdivision. Policy 4.1 of the FLUE notes that a Golden Gate Area Master Plan is in effect for this area as well. The Golden Gate Area Master Plan places the subject property within the Golden Gate Estates area, which: is characterized by low density semi -rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal, non - conforming lots as small as 1.14 acres. The Golden Gate Area Master Plan and the Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance to allow construction of a single- family home, which is an authorized use in this land use designation, therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. HISTORIC /ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historic allArchaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: /iucrw,n 1 1 cm a. Are there special conditions and circumstances existing, which are pecu OCT 1 4 2003 iar spa. the location, size and characteristics of the land, structure or building involved Petitio�i VA- 2003 -AR -4426 CCPC Date: August 21, 2003 Page 5 of s M No. The building was built as designed and approved by the County, however it was later realized that the building as shown on the plans is in actuality 7.4 feet too wide to fit within the required setbacks for this lot. b. I Are there special conditions and circumstances, which do not result from the action of the applicant such as pre - existing conditions relative to the property, which is the subject of the variance request? Yes. As previously noted, the County bears some responsibility because County staff approved a permit that showed an incorrect setback. The County then compounded the problem by approving the spot survey which also showed the incorrect setback. The contractor then proceeded to construct the home in accordance with the approved plans, however the contractor also has a responsibility to insure the plans submitted are accurate and reflect the correct setbacks. C. Will a literal interpretation of the provisions of this zoning code work unnecessary an undue hardship on the applicant or create practical difficulties for the applicant? Yes. If this variance is not approved, the homeowner would be forced to re- design the home in compliance with the required setback, because the site plan indicates that there is no "extra" setback along the opposing side (a 10.5 -foot side setback is required and the site plan indicates that 10.5 feet have been provided). Therefore the petitioner cannot simply "slide" the structure to the west to remedy the 7.4 -foot encroachment. The walls and the roof are already in place, so without the variance, at least some portion of the home would need to be demolished to bring the structure into compliance. In staffs opinion, the situation does "create a practical difficulty." d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The variance proposed is the minimum variance to allow a reasonable use of this structure (as it is shown on the site plan) as a conforming structure. Approval of the variance should not have a negative impact upon the standards of health, safety and welfare. However, a reasonable use of the land could have been achieved by constructing a house meeting the required minimum setbacks. e. Will granting the variance confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. Granting this variance will allow the petitioner to have a home closer to a street than other property owners within the Estates zoning district. Petition VA- 2003 -AR -4426 CCPC Date: August 21, 2003 Page 6 of e AGENDA IMF� No. OCT 14 2003 Pg f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Although approval of this variance would allow a house to be constructed closer to the front lot line than other houses on corner lots in the Estates zoning district, approval of the variance should not have a negative effect upon the neighborhood as a whole, and would not be detrimental to the public welfare. Any perceived detriment would be to the property owner, because the house would be located closer to.the road than other homes. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The house will be more than 100 feet from the nearest house along the lot line where the variance is sought, because there is 60 feet of road right -of -way and the required setback for the other lot to separate structures when a home is built across the street. In staffs opinion, the distance from an encroachment is an ameliorating factor and adequately addresses compatibility. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines *associated with the variance request, and has determined that although there is no land - related hardship associated with this variance, there are several ameliorating factors: the 100 foot separation distance from the closest home; and the initial approval of the building permit by the County. In addition, the subject property owner would be the most affected property owner of any negative impacts associated with the home's location nearer the roadway. Planning Services staff recommends approval of the request subject to the following conditions: 1. The variance granted is limited to the after - the -fact front yard encroachment for the house under construction, as depicted and more particularly described in the applicant's site plan entitled, " Variance Petition Exhibit," dated 2003. This site plan is included as Exhibit A; 2. If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to provisions of the Land Development Code in effect at the time of reconstruct n. AGENDA 11 Petition VA- 2003 -AR -4426 CCPC DaW Agjt0 2t, 200 Page T of 8 OCT 14 2003 Pg. _10 PREPARED BY: MKA i�wd PRINCIPAL PLANNER REVIEWED BY: l-'(- USAN MURRAY, AICP I CURRENT PLANNING MANAGER APPROVED BY: DATE 12- El C� DA E F' 2G 0 4JP H K. S K,ADiq&ISTRATOR D E Mt DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: KENNETH L. ABERNATHY, CJzh<1RMAN DATE Staff report for the April 3, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the April 22, 2003 Board of County Commissioners Meeting AGENDA OCT 14 2003 Petition VA- 2003 -AR -4426 CCPC Date: August 21, 2003 Page 8 of 8 1 Pg. I dl l/ VARIANCE PETITION (VARIANCE FROM SETBACK (5) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: GENERAL INFORMATION: VA- 2003 -AR -4426 Date Petition Received PROJECT #2003070014 DATE: 7/11/03 ROBIN MEYER Planner Assigned: ABOVE TO BE COMPLETED BY STAFF Petitioner's Name: J.J. Slaugh General Contractiniz, Inc. Petitioner's Address: P.O. Box 990520, Naples, FL 34103 Telephone: 239- 352 -5649 Fax #: 239- 352 -8079 E -Mail Address: christa carreraghotmail.com Agent's Name: Andrew 1. Solis, Esquire, c/o Siket & Solis, LLP Agent's Address: 1100 5 °i Avenue South, Suite 301, Naples, FL 34102 Fax #: 239 - 261 -1579 Telephone: 239- 261 -4673 E -Mail Address: asolis &naplesfialaw.com * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (239) 403 - 2400 /FAX (239) 643 -6968 AGENDAI No. T OCT 14 2003 Pg �� Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: None Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State Zip Name of Master Association: None Mailing Address City State Zip Name of Civic Association: Golden Gate Area Civic Association, I Mailing Address 761 17`x' Street S.W. City Naples State FL Zip 34114 PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Golden Gate Estates Unit 12 Section _� Twp. Range Acreage Number: 1.46 Metes & Bounds Description: Address of Subject Property: 105 1" Street S.W. Lot(s) Blocks 123 Property I.D. 0000037169360007 341 FWM No. OCT 14 2003 Pig ( 3 Current Zoning and Land use of Subject Parcel: Estates (E) - Single Family Residential Constructiori Adjacent Zoning & Land Use: ZONING LAND USE N S W E X Single Family Residential Minimum Yard Requirements for Subject Property: Front: 75 Corner Lot: Yes ® No Side: 15 Waterfront Lot: Yes El No Rear: 30 OCT 14 2003 Pg. / t Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers; i.e. reduce front setback from 25 'to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how - existing encroachment came to be; etc. The Petitioner requests a 7.5 east front yard setback variance adjacent to 1'` Street S.W. The requested variance will reduce the east front yard set back from 15 ft. to 7.5 feet. The Collier County LDC provides., for side yard setbacks on non - conforming lots (non - corner lots) equal to or greater than 10% of the lot. On April 29, 2003, staff approved and issued building permit # 2002121929 for the construction of a single family home. The permit was issued and the setbacks approved based upon Drainfield Services & Design, Inc., Septic System Layout Plan which inadvertently mislabeled the lot dimensions and setbacks. In addition, the problem was compounded by an error by County Planning staff which approved a 7.5 ft. setback. On May 30, 2003, Mr. Slaugh was notified that a concern had arisen regarding the V Street front yard setback. After submitting the required spot survey on June 3, 2003, the Petitioner met with County Permitting and Planning Staff and the spot survey was again approved. The Petitioner then proceeded with construction. r: r. Please note that staff and the Collier County Planning Cornnission shall be guided in their recon- emendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1 -R). (Please address this criteria using additional pages if necessary.) AGENDA ITIW No.—Z 7_ OCT 1 4 2003 Pa. /� 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The Property is a non - conforming corner lot, 105 ft. in width with an Estate (E) zoning classification. In addition, the property line is platted to the center of the Collier County ROW on 1S` Street S.W. instead of the edge .of the ROW as is customary. The property does not meet minimum width requirements for Estate zoning and has two front.yard setbacks instead of one front and two side yard setbacks. The LDC provides for reduced setbacks on Estates corner lots especially non- conforming'Estate lots. The LDC provides that the setback on non - conforming corner lots on the longest front yard may be 10% of the width of the lot but no less than 15 ft. The Drainfield Services and Design, Inc., survey inadvertently mislabeled the dimensions on the survey. Subsequently, County Staff also misconstrued the setback provisions and approved the 7.5 setback. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre- existing conditions relative to the property which is the subject of the variance request. While there was an error on the septic drainfield survey, there are other special circumstances not caused by the applicant. The County issued a permit with the incorrect setbacks and subsequently re- approved the setbacks after construction was underway. After the setbacks were approved the second time, Petitioner proceeded with construction. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes. A literal interpretation of the LDC setback provisions would cause great hardship on the owner. This is a modest and affordable single family residence that are in very short supply in Collier County. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes. The variance requested of 7.5 feet is the minimum necessary. No other property owners will be affected by the variance. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Yes. Although LDC is ambiguous and confusing regarding non - conforming corner lots, it requires a 15 foot front yard setback along the longest front yard (1" St �� TEM However, the variance will only allow the applicant to complete the const ctiM of the home that is already substantially built. 0 C T 14 2003 ipt. r. 4._ 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes. Setbacks on non - conforming, non - corner lots can be reduced to 10.5 feet by staff. V Street S.W. is a two lane dead end street. The structure will be 30 feet from the edge of the payment on 1" Street S.W. and is 296.00 feet from the Golden Gate Boulevard ROW. The only person affected by the granting of the variance will be the Petitioner. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. No. 8. Will granting the variance be consistent with the growth management plan. Yes. .. Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's , ial action on this item, please remove all public hearing advertising sign (s) immediately AGENDA OCT 14 2003 Pg /I VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF COPIES REQUIRED 1. Completed application 15 2. Completed Owner /Agent Affidavit, Notarized 1 3. Pre - application notes /minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Application fee = $1,000 Data Conversion fee = $25 (minus fees paid at pre- application meeting) Check shall be made payable to: Collier County Board of Commissioners 8. Other Requirements As the authorized agent/aI package. I undVstV that for this petition, I attest that all of the information indicated on this checklist is included in this submittal to Wclude all necessary submittal information may result in the delay of processing of this petition. Agent Signature t �a. = } s i _ Y.? SrSiW 4 � t /1111 II ►'' *r r t. r �„' ='�e ems,• '� ; 414 6 i y � Z ST 2 r 4 � 3 t J i 6 t �r } qj Y •\� L� � � } =: d. Zip �r v Ir 1 :r iL L 6 U, I 3. lit lit � y« § \. co . . 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U) L lil F QW41L�IIIQppLL;j LJ W ID CO li 81 t1 N Z L�4_(Y MO m II II II II II II II II A It II II 1 (1) f Q [II UUUmp OZJLr.�a �lY \Zd MMWL._ FIE 61CZLIL� :2o 1. ,0'L L 13 ZUm CD z N �. 4 Q l� G'L $1 I N I ~i W W Cf) 1 r7 J I U{ 0 C T 14 2003 Pg. .2 Z F-1 V C\t W _II ri VI 0 O yfL'' ,9 U I 4 J /Y :v Q � J Qi IJ i-lz LL` IJ z re ■ L4 ! z Z cr cr �F U Z �w 00 -d Uz c Q' cr IX CD 0 O Z oo Qp�(r�ZZ(r O �' (1) C Y O Z Z YZOO z U .0 Wo ~ N U a S Z Z Z Z� Q ? U) L lil F QW41L�IIIQppLL;j LJ W ID CO li 81 t1 N Z L�4_(Y MO m II II II II II II II II A It II II 1 (1) f Q [II UUUmp OZJLr.�a �lY \Zd MMWL._ FIE 61CZLIL� :2o RESOLUTION NO. 03- RELATING TO PETITION NUMBER VA- 2003 -AR -4426 FOR A 7.4 FOOT AFTER THE FACT VARIANCE FROM THE REQUIRED 15 -FOOT FRONT YARD SETBACK TO 7.6 FEET ON PROPERTY LOCATED AT 105 1ST STREET SOUTHWEST, FURTHER DESCRIBED AS THE EAST 105 FEET OF TRACT 123, UNIT 12E GOLDEN GATE ESTATES SUBDIVISION HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 7.4 -foot after the fact variance from the required 15 -foot front yard setback to 7.6 feet as shown on the attached plot plan, Exhibit "A ", in a "E" Estates Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA- 2003 -AR -4426 filed by Andrew I. Solis, Esquire, representing J. J. Slaugh General Contracting Inc., with respect to the property hereinafter described as: East 105 feet of Tract 123 Unit 12E, Golden Gate Estates Subdivision, according to the plat thereof recorded in Plat Book 4, Pages 105 through 106, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 7.4 -foot variance from the required 15 -foot front yard setback to 7.6 feet as shown on the attached plot plan, Exhibit "A ", of the "E" Estates Zoning District wherein said property is located, subject to the following conditions in Exhibit "B": -I- OCT 14 2003 PQ. o? BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2003 -AR -4426 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of > 2003. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: Mwjori JN1. Student Assistant County Attorney Attachments: Exhibit A - -Site Plan, entitled "Variance Petition Exhibit, " dated November 22, 2002. Exhibit B -- Conditions V A- 2003 -AR - 4426/R M /lo AGENDA ITEIN No. OCT 14 2003 pg. 02 G EXECUTIVE SUMMARY CUE- 2003 -AR -4544, HOMERE HYPPOLITE,REPRESENTING FIRST HAITIAN ALLIANCE CHURCH, REQUESTING A ONE -YEAR EXTENSION OF CONDITIONAL USE CU 2000 -08 FOR A CHURCH IN THE "E" ESTATES ZONING DISTRICT LOCATED ON THE WEST SIDE OF COUNTY BARN ROAD IN THE 2300 BLOCK. DESCRIBED IN SECTION 8, TOWNSHIP 50, RANGE 26, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner seeks to extend the date by which a conditional use was first approved for a church, in the "E" Estates zoning district. CONSIDERATIONS: The approved development order Resolution No. 2000 -275 remains consistent with all elements of the GMP and in particular the Future Land Use Element which provides for churches as conditional uses in all residential districts. The Collier County Land Development Code provides for a one -year extension to conditional uses. Correspondence from the owners' agent advises that members of the church are actively pursuing the steps essential to initiating construction of the church, a copy of which is included with this executive summary. FISCAL IMPACT: Approval of this extension will not have a financial impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this petition will not affect or change the requirements of the Growth Management Plan. HISTORIC /ARCHEAOLOGICAL IMPACT: Staff s analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. STAFF RECOMMENDATION: That the Board of Zoning Appeals grants a one -year extension to CU- 2000 -08 in accordance with the attached Resolution and Exhibits thereto. OCT 14 2003 PREPARED BY: ROBIN MEYER PRINCIPAL PLANNER REVIEWED BY: 4U-4-� �� USAN MURRAY, AICP CURRENT PLANNING MANAGER APPROVED BY: 9 - as-- d DATE O PH K. SC MITT, ADNIfNISTRATOR DATE C MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AGENDAI No. OCT 14 2003 Pg. x 7 - 20 - 03 First Haitian Alliance church 115 12th st North Naples FL 34102 ice: Collier County Government The board of the first Haitian alliance church requests, from the collier county Board of county commissionners or to whom it may applied , an extension for one year to the approval of the conditional use to build our church on county barn road in naples referred as CU- 2000 -08 First Haitian Alliance church. Enclosed is the appropriate fee along with this request Thanks for your cooperation. Respect lly, , in behalf of the Board to m ohte Church General secretary\ Registered Agent CUE-2003-AR-4544 FIRST HAITIAN ALLIANCE CHURCH PROJECT #2002080010 DATE: 8/4/2003 DUE:8 /1812003 ROBIN MEYER AGENDA OCT 14 2003 P LEGAL DESCRIPTION BEING THE NORTH 1/2 OF THE. SOUTH i 1 /2 OF THE SOUTHEAST 114 OF THE SOUTHWEST 114 OF THE NORTHWEST 114 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS AND EXCEPTING THE EAST 50 FEET THEREOF RESERVED FOR ROAD RIGHT -OF -WAY; EXCEPTING AND RESERVING FOR ACCESS, RUNNING WITH THE LAND PERPETUALLY, OVER AND ACROSS THE SOUTHERLY 15 FEET OF LAND CONVEYED; AND GRANTING AN EA SEMEN T FOR ACCESS, RUNNING WITH THE LAND PER,'ETUALL Y, ?OVER AND A CROSS THE NORTHERLY 15 FEET OF THE SOU TH 1/2 OF THE SOU TH 1/2 OF THE SOUTHEAST 114 OF THE SOUTHWEST 114 OF THE NORTHWEST- 114 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNT -Y, FLORIDA. SAID PARCEL CONTAINING 2.38 ACRES - MORE OR LESS, Exhibit "B" AGENDA No. F f 60 0 C T 14 2003 Pg. 'CR D Ipp ills 11111 D ll,��D� �qa � � � � y r •r• rr ►� M P11112 @Dot AD . ,ill �Y u i i n p u� ~ s 4 its �j 1 O 1 �m r C � O m tie r +s r a �•1 2 I� a 0 v ru m 2 isor mom "OS 16 &341 00 wl w WIM Man- CNAZAMP C"r,� 3 1 `y h cil -Z 5 W� V SAO 1 7V 00 y S.00- cirM'E. 168.70'!AU 56 s&rwwG we v'1 � 1-n O O � /r10ftTH ` ca ww" SAW m" A (B aJV CP \Ail Cq Exhibit "C" 1!n i I 1 i 1 AGENCiA, ITCALA No: OCR' 1 4: 2003 Pg. r u i n u� ~ s 4 1 `y h cil -Z 5 W� V SAO 1 7V 00 y S.00- cirM'E. 168.70'!AU 56 s&rwwG we v'1 � 1-n O O � /r10ftTH ` ca ww" SAW m" A (B aJV CP \Ail Cq Exhibit "C" 1!n i I 1 i 1 AGENCiA, ITCALA No: OCR' 1 4: 2003 Pg. r I (0 CONDITIONS OF APPROVAL CU- 2000 -05 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission at its public hearing on August 17, 2000. a. The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91 -102). b. A Site Development Plan (SDP) must be applied for and approved by the Development Services staff prior to the issuance of a building permit. C. If during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. d. Wetland jurisdictional determinations and if necessary, permits from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to the final site plan/construction plan approval. e. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development _ Code. f. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan /construction plan approval. EXHIBIT "D" 0 C T 14 2003 Pt. `0 RESOLUTION NO. 03 - RELATING TO PETITION NUMBER CUE-2003-AR- 4544 FOR A ONE -YEAR EXTENSION OF A CONDITIONAL USE FOR A CHURCH IN THE "E" ESTATES ZONING DISTRICT FOR PROPERTY HEREINAFTER DESCRIBED IN SECTION 8, TOWNSHIP 50, RANGE 26, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes comprehensive zoning regulation,§ for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on September 12, 2000, the Board of Zoning Appeals enacted Resolution No. 2000 -275, attached hereto and incorporated by reference herein, as Exhibit "A" which granted a conditional use pursuant to the then existing Subsection 2.2.3.3.1 of the Land Development Code (Ordinance No. 91 -102), for a church, on the described property; and WHEREAS, Subsection 2.7.4.5.3 of the Land Development Code provides that the Board of Zoning Appeals may grant one one -year extension for a conditional use which has not been commenced. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The written request of Homere Hyppolite representing the First Haitian Alliance Church for one one -year extension of conditional use CU- 2000 -AR -08 for a church in interest of the following described property "Exhibit B" is hereby approved pursuant to Subsection 2.7.4.5.3 of the Land Development Code (Ordinance No. 91 -102), and the expiration date for Resolution No. 2000 -275, attached hereto and incorporated herein as Exhibit "A ", and all conditions applicable thereto, is hereby extended for one additional year until September 12, 2004. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. 1. OCT 14 2003 PQ. 7 This Resolution adopted after motion, second and majority vote. Done this day of 12003. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: MarjorijoM. Student Assistant County Attorney CUE-2003-AR-4 544/R M/sp 2. TOM HENNING, CHAIRMAN 0 i 14 2003 P2. 0 1 ! U RESOLUTION 2000- 2 7 5 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH CONDITIONAL USE I IN THE "B" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION S, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice f e said regulations made and provided, and has considered the advisability of Conditional Use 1 of Section 2.2.3.3, in an "E" Estates Zone for a church on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: wn of Vega, Brown, Stanley &. Burke, P.A., and Homere The petition filed by Thomas R. Bro presenting First Haitian Alliance Church, with respect to Hyppolite of Naples Realty Services, Inc., re the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein. be and the same is hereby approved for Conditional Use I of Section 2.2.3.3. of the -jr, Estates Zoning District for a church in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: -I- AGENDA OCT 14 2003 Exhibit "D" which is attached hereto and incorporated by reference herein. 17B. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board This Resolution adopted after motion, second and majority vote. Done this. day of , 2000. r DWIGHT E $;ZbCK, Clerk Attest as Approved as to Form and signature Legal Sufficiency: arjori M. Student Assistant County Attorney g/ sdmin/CU- 2000 -08 / RESOLUTION /CH /cw BOARD OF ZONING APPEALS COLLIER C , FLORIDA BY: A ;A TM69Yf4Y J. COWANTME, CHAIRMAN to Chairman - s on ly. AGENDA � � No._� 0 C T 14 2003 -2- 1 Pg. /U EXECUTIVE SUMMARY CUE- 2003 -AR -4257, JEREMY STERK OF HOOVER PLANNING AND DEVELOPMENT REPRESENTING IGLESIA HEREDEROS DE DIOS, REQUESTING A ONE -YEAR EXTENSION OF CONDITIONAL USE CU 2000 -07 FOR A CHURCH, PRIVATE SCHOOL AND CHURCH RUN CHILD CARE FACILITY OF THE A -MHO ZONING DISTRICT LOCATED ON THE SOUTH SIDE OF LAKE T RAFFORD ROAD, APPROXIMATELY 2 %2 MILES WEST OF S.R.29 FOR PROPERTY HEREINAFTER DESCRIBED IN SECTION 36, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner seeks to extend the date by which a conditional use was first approved for a church, private school and child care facility in the A -MHO district. CONSIDERATIONS: The approved development order Resolution No. 2000 -352 remains consistent with all elements of the GMP and in particular the Future Land Use element which provides for churches as conditional uses in all residential districts. The Collier County Land .�. Development Code provides for a one -year extension to conditional uses. Correspondence from the owners' agent advises that members of the church are actively pursuing the steps essential to initiating construction of the church, a copy of which is included with this executive summary. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this petition will not affect or change the requirements of the Growth =. Management Plan. HISTORIC /ARCHEAOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. STAFF RECOMMENDATION: That the Board of Zoning Appeals grants a one -year extension to CU- 2000 -07 in accordance with the attached Resolution and Exhibits thereto. AGENDA ITEM Ida /7 OCT 14 2003 pz__ ___ PREPARED BY: F OB DATE PRINCIPAL PLANNER REVIEWED BY: 4 USAN MURRAY, AICP CURRENT PLANNING MANAGER APPROVED BY: PH K. SC MITT, AldMINISTRATOR VMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Z 7 DA E 4AR AGENDA ITEM No.--Z LEI OCT 14 2003 Pg. w HOOVER PLANNING & DEVELOPMENT INC. Land, Environmental & Traffic Planning Consultants 3785 Airport Road North, Suite B -1, Naples, Florida 34105 - ��3- AR_4257 GUe �� ,ey eye May 21, 2003 �QJb Susan Murray Current Planning Manager Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 RE: Renewal of Conditional Use # CU- 2000 -07, Lake Trafford Christian Church (Church Name is Iglesia Herederos De Dios), Located on Lake Trafford Road, Immokalee, Florida Dear Ms. Murray: Please consider this letter a request for a renewal of the referenced conditional use. This 19 -acre site is located on the south side of Lake Trafford Road, approximately 2 1/2 miles west of S.R. 29. The property is zoned "A -MHO" and the existing Conditional Use was approved on October 10, 2000. A copy of the approved resolution is attached. The church is in the process of obtaining other necessary permits and currently no construction has taken place on the property. If you have any questions regarding this request, please feel welcome to contact me. Sincerely, HOOVER PLANNING & DEV., INC. Jeremy Sterk cc: HP File #248 -A20 Land Plannine: R EC E I V E D Phone: 239403 -8899 Fax: 239403 -9009 MAY 3 n rni email: bill @hooverplanning.com CUE-2003-AR-4257 IGLESIA HEREDEROS DE DIOS PROJECT #2003060004 DATE: 6/4/03 DUE: /18/61 ROBIN MEYER I No. OCT 14 2003 Fax: 239403 -9009 email: jeremy @hooverplanning.com RESOLUTION NO. 03 - A RESOLUTION RELATING TO PETITION NUMBER CUE - 2003 -AR -4257 FOR A ONE -YEAR EXTENSION OF A CHURCH, PRIVATE SCHOOL AND CHURCH - RUN CHILD CARE FACILITY CONDITIONAL USES IN THE A- AGRICULTURAL WITH MOBILE HOME OVERLAY (MHO) ZONING DISTRICT FOR PROPERTY HEREINAFTER DESCRIBED IN SECTION 36, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on October 10, 2000, the Board of Zoning Appeals enacted Resolution No. 2000 -352, attached hereto and incorporated by reference herein, as Exhibit "A" which granted a conditional use for a church, private school and church -run child care facility pursuant to the then existing Subsection 2.2.3.3.7.10, and 1 1 of the Land Development Code (Ordinance No. 91 -102), on the below described property; and WHEREAS, Subsection 2.7.4.5.3 of the Land Development Code provides that the Board of Zoning Appeals may grant a one one -year extension for a conditional use which has not been commenced. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that; The written request of Jeremy Sterk, of Hoover Planning and Development, Incorporated, for one one -year extension of conditional use 4 CU- 2000 -07 for a church, private school and church run child care facility, in interest of the following described property: "Exhibit B" which is attached hereto and incorporated by reference herein is hereby approved pursuant to Subsection 2.7.4.5.3 of the Land Development Code (Ordinance No. 91 -102), and the expiration date for Resolution No. 2000 -352, attached hereto and incorporated herein as Exhibit "A ", and all conditions applicable thereto, is hereby extended for one additional year until October 10, 2004. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board .- and in the records of the Petition for which the extension is granted. AGENDA ITEM ' -1- /'7 J< CCT 1 4 2003 pg._.1 _._ This Resolution adopted after motion, second and majority vote. Done this day of 12003. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Marjori . Student Assistant County Attorney CU- 2003- AR- 4257/RM/10 IWAZ IC TOM HENNING, CHAIRMAN AGENDA 0 C T 1 4 2003 Pg. x 6 c RESOLUTION 2000- 352 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USES 7, 10 AND 11 OF THE A -MHO DISTRICT FOR A CHURCH, PRIVATE SCHOOL AND CHURCH RUN CHILD CARE FACILITY IN THE A -MHO ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.15 ACRES t. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hertttiy affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses 7, 10 and 11 of Section 2.2.2.3 in an A -MHO Zone for a church, private school and church run child care facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: CUE-2003-AR-4257 PROJECT #2003060004 DATE: 614103 ROBIN MEYER OCT 1 4 2003 G P9. be and the same is hereby approved for Conditional Uses 7, 10 and 11 of Section 2.2.2.3 of the A- MHO Zoning District for a church, private school and church run child care facility in accordance with the Conceptual Master Plan (Exhibit "B ") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this f a day of , 2000. A3TEST: DWIGHT E. BROCKCLERK H e •-C o a, n s 1 grA i v�Atb Form and Legal Sufficiency: Marjoril M. Student Assistant County Attoney g / edmin/CU- 2000 -07/ RESOLUTIONMM/im as AGENDA OCT 14 2003 Pg pig I� 1 11 �a I i!o 114 !t lB / NVId 3115 3sn IVNOILION00 wevvrwts.+w.s.•rnn 'ONI 'S010 30 SOZ130383H VIS3MI � 2iSSXZJX� TIAzo HD21 *o NVILSRIHO OWASYM 3WI *ol� DAmm(191 w XaAYa VZONIdS3 3PIIVP 2JOISVd L as I W b Z y$ I I zS483S� ti:a GOOZ C ; OCT i 1 j003 PCJ- AGREEMENT I, William L. Hoover of Hoover Planning and Development, Inc., as authorized agent for Petition CU- 2000 -7, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on September 7, 2000. PLANNING: 1. The 4.3 -acre preservation area as designated on the Conditional Use Concept Plan (Exhibit "B') shall be maintained in its natural state by the petitioner or petitioner's successor, and shall be designated with such stipulation on the Final Site Development Plan. 2. The developer must obtain a South Florida Water Management District Permit prior to Site Development Plan approval. 3. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Collier County Land Development Code. 4. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. PETITIONER OR AGENT EXHIBIT "C" PAGE 1 CUE - 2003 -AR -4257 PROJECT #2003060004 DATE: 614/03 ROBIN MEYER 0 C T 14 2003 PC — STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement Sheet was acknowledged before me this day of 2000, by , who is personally known to me or who has produced as identification. (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: REPRESENTATIVE FOR CCPC STATE OF FLORIDA COUNTY OF COLLIER- The foregoing Agreement Sheet was acknowledged before me this day of , 2000 by , who is personally known to me or who has produced as identification. (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: EXHIBIT "C" PAGE 2 0 C T 1 4 2003 Pg. 1� EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, TO CORRECT A SCRIVENER'S ERROR DUE TO INACCURATE LANGUAGE IN AN INTENDED REVISION TO SECTION 2.6.4.2.1. AND BY PROVIDING FOR AN EFFECTIVE DATE OBJECTIVE: The petitioner requests an amendment to Ordinance 91 -102 to correct a scrivener's error due to inaccurate language contained in an intended revision to Section 2.6.4.2.1. CONSIDERATIONS: An inaccurate term was used to identify a stage in the building permitting process. This amendment would substitute the correct terminology. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Not applicable. ENVIRONMENTAL ISSUES: Not applicable. HISTORICAL/ARCHAEOLOGICAL IMPACT: Not applicable. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of this amendment. EAC RECOMMENDATION: Not applicable PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission does not review scrivener's errors. NOULA- 0 C T 14 2003 Pg. PREPARED BY: O PLANNER CURRENT PLANNING SECTION REVIEWED BY: .dam USAN MURRAY, AICP, MANAGER CURRENT PLANNING SECTION APPROVED BY DA E C) /?- p� DATE -7 a eRVICES H K. SCHM TT, AD NISTRATOR DATE NITY DEVELOPMENT & ENVIRONMENTAL DIVISION executive summary/scrivener's error, LDC Sec. 2.6.4.2.1 AGENDA ITEM OCT 14 2003 PQ.�_ ORDINANCE NO. 2003- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, TO CORRECT A SCRIVENER'S ERROR DUE TO INACCURATE LANGUAGE IN AN INTENDED REVISION TO SECTION 2.6.4.2.1. AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 03 -27, amendments to the Land Development Code, on June 16, 2003, and; WHEREAS, following said action adopting Ordinance No. 03 -27, staff determined that the ordinance transmitted to the Department of State did not contain language accurately describing the change, that was otherwise intended and made a part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO SECTION 2.6.4.2.1. DEVELOPMENT STANDARDS Section 2.6.4.2.1. of Ordinance Number 03 -27, is hereby amended to correct a scrivener's error by amending said section to read as follows: 2.6.4.2.1. Minor after - the -fact yard encroachments may be approved administratively by the planning services director. For the purposes of this subsection, minor yard encroachments shall be divided into three classifications: I . Structures for which a building permit has been issued and construction under way, but for which a certificate of occupancy has not beer. granted. The planning services director may administratively approve minor after - the -fact yard encroachments of up to 5 percent of the required yard, not to exceed a maximum of 6 inches. For single-family, mobilelmodular home, duplex, and two-family dwelling units only, in the presence of mitigating circumstances, where the encroachment does not result from error or action on the part of the applicant, the planning services director may administratively approve encroachments of up to 25 percent of the required yard. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2003. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Patrick Ie Assistan County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN 0 C T 14 2003 Words mare deleted, words underlined are adde �-- AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 14, 2003 Continue indefinitely Item 91): This item was continued from the September 23, 2003 BCC meeting. Discussion regarding FL Statute 193.703, reduction in assessment for living quarters of parents or grandparents. (Staff) Add Item 10G: Approve a proposed partnership with the Children's Museum of Naples, Inc., for the development of a children's museum at North Naples Regional Park. (Staff request.) Continue Item 16(A)5 to October 28, 2003: Recommendation to approve Commercial Excavation Permit No. 59.868 "Stewart Earth Mining ", located in Section 18 and 19, Township 46 south, Range 29 east; bounded on the north and west by existing citrus groves, on the south by vacant land and existing citrus groves, and on the east by vacant land and a farm building. (Petitioner request.) Withdraw Item 16(8)6: Board approval to sign and execute an agreement between Collier County and the Commission for the Transportation Disadvantaged. (Staff request.) Withdraw Item 16(B)7: To obtain Board approval to award RFP #03 -3505 "Transportation Roadway Asset Inventory Database" and authorize staff to commence negotiations. Estimated fiscal impact to be $250,000. (Staff request.) NOTE: Item 3 1 Joanne Soprano will be accepting her service award at the October 28, 2003 BCC meeting. Item 10C to be heard at 1:00 p.m. Consider a Tourist Development Category "A" Beach Renourishment/Maintenance Funding Policy as recommended by the Coastal Advisory Committee and the Tourist Development Council.