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Agenda 10/28/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 28, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 CLERK TO BOARD 4TM FLOOR FP: 3 IND: 1 CV:0 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. 1 October 28, 2003 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Craig Nelson, East Naples United Methodist 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 18, 2003- BCC Budget Hearings C. September 23, 2003 - BCC Regular Meeting D. September 24, 2003 - BCC Regular Meeting SERVICE AWARDS Twenty-Year Attendee: 1) Joanne Soprano, Library PROCLAMATIONS A. Proclamation to designate November as National Epilepsy Awareness Month. To be mailed upon presentation. B. Proclamation to designate the month of November 2003 as Collier County Adoption Month. To be accepted by Debbie Allen and Danielle Stewart. Proclamation to recognize the Florida Fire School and those dedicated individuals and agencies for their efforts in providing this beneficial training. To be accepted by Warren Heltsley and Doug Doyer. Proclamation to designate Sunday, November 16, 2003 as Lake Trafford Restoration Awareness Day. To be accepted by Nicole Ryan, Environmental Policy Manager for the Conservancy of Southwest Florida. Proclamation to designate November 2003 as United Way of Collier County Agency Awareness Month. To be accepted by Dan Rodriguez, Collier County Facilities Manager and member of the Collier County United Way Branch. Proclamation to designate October 28, 2003 as Collier County Wastewater Operations Challenge Day. To be accepted by members of the Royal Flush Team which include Joseph Bianchi, William Combs, David Fitts and Dale Waller. 2 October 28, 2003 PRESENTATIONS A. Recommendation to recognize Sharon Gilbert, Operations Coordinator, Transportation Division as Employee of the Month for October 2003. PUBLIC PETITIONS A. Public Petition request by Mr. William L. McDaniel, Jr. to discuss hours of operation for the mining industry in Collier County. B. Public Petition request by Mr. Bob Krasowski to discuss a workshop on the solid waste management issue. 7. BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS A. This item continued from the September 23~ 2003 BCC MeetinR. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3$07, William L. Hoover, AICP, oi Hoover Planning and Development Inc., representing Barton and Wendy Mclntyre and Joseph MagDalener, requesting changes to the existing Nicaea Academy PUD Zoning. The proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted living facility and allow for a minimum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 119+ acres. B. This item was continued from the September 23~ 2003 BCC MeetinR and is further continued to the December 16, 2003 BCC MeetinR. CU-02-AR-2354 William Hoover, AICP, of Hoover Planning and Development Inc., representing Pastor Roy Shuck of Faith Community Church, requesting Conditional Use 3 and 4 of "E" Estates to add a child care and pre-school to the existing Faith Community Church, located at 6455 22nd Avenue NW, further described as part of Tracts 15 and 16, Golden Gate Estates Unit 97. C. This item being continued to the November 18, 2003 BCC Meeting. Approve an ordinance to be known as the Advanced Broadband Infrastructure Investment Ordinance, establishing an advanced broadband infrastructure investment program available to eligible businesses to encourage private sector investment in advanced broadband infrastructure. D. This item being continued to the November 18~ 2003 BCC Meetin_cl. Approve an ordinance to be known as the Job Creation Investment Ordinance; approve an associated budget amendment for $500,000; establish the job creation 3 October 28, 2003 investment program available to eligible businesses to mitigate the economic effects of increased development fees and relocation or expansion costs. This item being continued to the November 18~ 2003 BCC Meetin_cl. Approve an ordinance to be known as the Fee Payment Assistance Ordinance; approve an associated budget amendment for $1,350,000; establish a fee payment assistance program available to eligible businesses to mitigate the economic effects of increased impact fee rates. This item being continued to the November 18, 2003 BCC Meeting. Approve an ordinance to be known as the Property Tax Stimulus Ordinance; establish a property tax stimulus program available to eligible businesses to mitigate the economic effects of increased relocation and expansion costs. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Code Enforcement Board. B. Appointment of member to the Community Character/Smart Growth Advisory Committee. C. This item bein.q continued to the November 18, 2003 BCC Meeting. Impact fee credits for existing building or structures. (Commissioner Henning) 10. COUNTY MANAGER'S REPORT Approve an agreement with the Gulf Coast Skimmers to terminate the lease agreement at Sugden Regional Park. (John Dunnuck, Administrator, Public Services) Present findings and recommendations concerning the negotiations with Brightstar Environmental (Florida), LLC pursuant to RFP #02-3316; MSW Processing and Gasification Facility and recommendations for further actions. (Jim DeLony, Administrator, Public Utilities) Item to be heard at 12:00 noon. Recommendation that the Board of County Commissioners and the County's Labor Negotiation Committee hold a Strategy Session for Collective Bargaining with the Southwest Florida Professional Firefighters and Paramedics, IAFF Local 1826, in the Shade pursuant to Section 477.605 (1) Fla. Stat. (John Dunnuck, Administrator, Public Services) 4 October 28, 2003 Recommendation that the Board of County Commissioners determine whether Collier County Emergency Medical Services shall continue to provide out-of-county transports for Naples Community Hospital Healthcare System Facilities and ratification of prior letter agreement. (John Dunnuck, Administrator, Public Services) Recommendation to approve Commercial Excavation Permit No. 59.868 "Stewart Earth Mining", located in Section 18 and 19, Township 46 south, Range 29 east; bonded 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. (Joseph K. Schmitt, Administrator, Community Development) Request Board approval to accept a grant of $200,000 under the Florida Economic Development Transportation Fund Program; approve an agreement between the Florida Office of Trade, Tourism and Economic Development and Collier County; approve a budget amendment in the amount of $200,000; approve a resolution assuming future road maintenance; and approve a road maintenance agreement between the County and the North Naples Golf Range, Inc. (Joseph K. Schmitt, Administrator, Community Development) Ho Recommendation that the Board adopt a resolution of No Objection to the enactment of a bill by the Florida Legislature creating an independent Special District under Chapter 189, Florida Statutes, to be known as the Big Cypress Stewardship District. (Joseph K. Schmitt, Administrator, Community Development) Recommendation that the Board adopt a resolution of No Objection to the enactment of a bill by the Florida Legislature creating an independent Special District under Chapter 189, Florida Statutes, to be known as the Ave Maria Stewardship Community District. (Joseph K. Schmitt, Administrator, Community Development) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT Ao Recommendation that the Board of County Commissioners approve settlement of claims against individual County Commissioners and former County Commissioners in the case of Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, the United States District Court for the Middle District of Florida, now pending in the United States Court of Appeals for the Eleventh Circuit as Case No. 03-13133-BB. 5 October 28, 2003 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY Recommendation from the County's Airport Authority that the Board affirm the attached employment agreement between the Authority and Eugene Schmidt, Executive Director, and authorize a related budget amendment. 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Ibis Cove, Phase One". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 2) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Naples Lakes Shopping Center". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 3) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Links at the Strand". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 4) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Naples Gateway, Phase 2". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Arielle". 6 October 28, 2003 6) 7) 8) 9) 10) 11) 12) 13) 14) Request to approve for recording the final plat of "North Naples Research and Technology Park", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Final acceptance of water utility facilities for Jasmine Pointe. Final acceptance of water utility facilities for Spoonbill Cove at Carlton Lakes. Final acceptance of water utility facilities for Bridgewater Bay Clubhouse. Final acceptance of water utility facilities for Bridgewater Bay, Phase One. Petition CARNY-2003-AR-4798, Reverend Joseph Spinelli, OSA, St. Elizabeth Seton Church requesting permit to conduct a carnival from November 5 through November 9, 2003, on the church property located at 2760 52nd Terrace SW, Golden Gate City. Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Troon Lakes" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Recommendation to award RFP #03-3537, "Tourist Development Council Marketing Services" (in the estimated annual amount of $820,000). Recommendation to award RFP #03-3540, Tourist Development Council Fulfillment Services (in the estimated annual amount of $65,000). 15) Recommendation to approve Commercial Excavation Permit No. 59.583-1- AR-3960 "Marete Commercial Excavation", located in Section 7, Township 51 south, Range 26 east; bounded on the east and south by vacant land zoned agricultural, on the west and north by occupied land zoned agricultural. 16) Recommendation to award RFP #03-3538, "Tourist Development Council Research Services" (in the estimated annual amount of $75,000). 17) 18) 19) Approve a Tourist Development Category "A" Beach Renourishment/Maintenance Grant Applications and budget amendments for Fiscal Year 2003~2004 in the amount of $316,900. Proposed amendment to Resolution 2003-340 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. Board waive recovery of relocation expenses of $4,855.06, resulting from the negotiated resignation of Ms. Margaret Wuerstle as Planning Services Director, releasing any right the County may have in reclaiming said relocation expenses, finding that payment of relocation expenses, in this case, are in the best interest of the County. 7 October 28, 2003 B. TRANSPORTATION SERVICES 1) Amend Resolution No. 2001-56, which established an Ad Hoc Advisory Committee to provide input and guidance in the aesthetic appearance of the 1-751Golden Gate Parkway Interchange,. by reducing the number of voting members from seven to five, and reducing the number of non- voting members from three to two. 2) Approve a budget amendment to carry forward funds to re-open a purchase order in FY04 that was closed by mistake in FY03 in the amount of $23,490. 3) Approval Bid #03-3561, SR951 at Fiddler's Creek MSTD roadway grounds maintenance in the amount of $21,143.70 to Green Heron Landscapes, Inc. 4) 5) Adopt a resolution authorizing the acquisition by gift or purchase of a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right- of-way, drainage and utility easements, and temporary driveway restoration easements, and temporary construction easements, which will be required for the construction of roadway, drainage and utility improvements to Rattlesnake Hammock Road (CR 864) from Polly Avenue to Collier Boulevard (CR 951). (Capital Improvement Element No. 77, Project No. 60169). Estimated fiscal impact: $2,230,000. Adopt a resolution authorizing the acquisition by gift or purchase of a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right- of-way, drainage and utility easements, and temporary driveway restoration easements, and temporary construction easements, which will be required for the construction of roadway, drainage and utility improvements to Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Capital Improvement Element No. 37, Project No. 65061). Estimated fiscal impact: $4,558,540. 6) Approve selection committee ranking of firms for contract negotiations for RFP 03-3559 "Consultant Services for the update of the Collier County Comprehensive Pathway Plan". 7) Approve an increase of contingency funds from the current 5% up to the maximum 10% for the Goodlette Frank Road Improvement Project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134, Bid No. 02- 3424. 8) Request the Board approve a resolution implementing certain procedures and guidelines to standardize Traffic Impact Studies (TIS). 9) Approve Change Order No. 2 in the amount of $112,117.09 to Thomas Marine Construction, Inc., for the Lakeland Avenue Bridge and Roadway Construction Project, from Piper Boulevard to Immokalee Road, Project No. 66041, Bid No. 03-3492. C. PUBLIC UTILITIES 8 October 28, 2003 1) Approve a budget amendment for countywide sand search, Project 90527, to fund staff effort in acquiring temporary beach maintenance easements, in the amount of $100,000. 2) 3) 4) 5) 6) 7) Approve Work Order MAC-FT-04-01 to McKim and Creed Engineers for engineering services related to control and telemetry upgrades for Carica/Vanderbilt/Barefoot pump stations in the amount of $81,000 for Project 70124. Approve Work Order CAR-FT-04-01 to Carollo Engineers for engineering services related to Scada and Control Network Upgrades at the North County Regional Water Treatment Plan in the amount of $84,850 for Project 70094. Approve an amendment to the FDEP Beach Erosion Control Program Project Agreement for reimbursement of up to an additional $353,715. Approve resolution supporting continued state funding of coastal projects. Authorize an interest payment in compliance with the Florida Prompt Payment Act related to Contract #02-3348 Golden Gate Wellfield Reliability Improvements, Project 70066, in the amount of $7,397.91. Award Contracts 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County" (estimated dollar amount of contract not to exceed $3,000,000 annually per firm). 8) Approve two work order amendments, under Contract #01-3271, fixed term professional engineering services for Coastal Zone Management Projects, with Coastal Planning and Engineering for Sand Search Phase 3 and Marine Resources Investigation as part of the countywide sand search, Project 90527, in the combined reduced amount of $26,509. 9) Approve two budget amendments in the total amount of $31,850 and a work order amendment with Greeley and Hansen LLC under Contract #00- 3119, Fixed Term Professional Utility Engineering Services, for the updating of the Collier County Utilities Standards in the amount of $31,849, Project 70202. lo) Waive the Purchasing Policy VII (F) and authorize staff to modify the purchase order to Advanced Control Consulting in the amount of $7,500 for Project 74033. 11) Approve a new agreement for delivery and reuse of reclaimed water and terminate the existing agreement between the Collier County Water-Sewer District and Windstar Club, Inc. 12) Award Bid Number 03-3531 for landscape maintenance in the base cost amount of $89,157 for wells and facilities to Ground Zero Landscaping Service, Incorporated. D. PUBLIC SERVICES 9 October 28, 2003 1) 2) 3) 4) 5) Approval of additions to agreements between Sirsi Corporation and Collier County Board of County Commissioners to extend the contract for internet access. Award Work Order #PBS-02-30 in the negotiated amount of $119,730 to Professional Building Systems for the renovation of Tigertail Beach Park, Phase II. Approve an agreement with Stock Development, LLC for the installation of upgraded sports field lighting at Eagle Lakes Community Park at no cost to Collier County. Award Work Order #CT-02-03 in the amount of $130,241 to the Chris-Tel Company for the renovation of Bayview Park. Approve a budget amendment recognizing $83,000 in revenue from the Community Development Block Grant Program for the East Naples Community Center Senior Center Expansion Project. 6) Approval of amendments to the Collier County Fair Board By-Laws. 7) Approve a budget amendment in the amount of $64,380.36 to recognize repayment to the Grant Fund from EMS. 8) Request by Collier County Domestic Animal Services to approve a resolution to waive dog and cat license fees for four days during November's Shelter Appreciation Week. ADMINISTRATIVE SERVICES COUNTY MANAGER 1) Approval of Budget Amendment Report - BA #04-013 in the amount of $14,200 to pay for equipment for fire engine purchased in FY03. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala request for approval for payment to attend SWFRPC 30th Anniversary Celebration. 2) Commissioner Coletta requests approval for payment to attend SWFPRC 30th Anniversary Celebration. 3) Commissioner Henning request for approval for payment for expenses serving a valid public purpose. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. 10 October 28, 2003 17. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Collier County Commission endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report. 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. K. COUNTY ATTORNEY 1) Adopt a resolution to amend Collier County Resolution No. 2000-126 to correct references to the exhibits in that resolution. 2) Approve the stipulated final judgment relative to the fee simple acquisition of Parcel 191 in the lawsuit styled Collier County v. G JR of Naples Inc., et al, Case No. 02-2212-CA (Immokalee Road Project #60018). SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASlJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2003-AR3691 to disclaim, renounce and vacate the County's and the Public's interest in the 20 foot wide alley in Block 50, according to the plat of "Newmarket Subdivision", as recorded in Plat Book 1, Pages 104 and 105, Public Records of Collier County, Florida, located in Section 3, Township 47 south, Range 29 east. This item bein.q continued to the November 18~ 2003 BCC Meetin.q. Adoption of an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, by establishing a deferral program for the Immokalee Area to reduce the economic effects of increased impact fee rates. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 October 28, 2003 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 28, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 October 28, 2003 INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Craig Nelson, East Naples United Methodist Church AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. Parte Disclosure provided by Commission members for summary agenda.) B. September 18, 2003 - BCC Budget Hearings C. September 23, 2003 - BCC Regular Meeting D. September 24, 2003 - BCC Regular Meeting (Ex SERVICE AWARDS Twenty-Year Attendee: 1) Joanne Soprano, Library PROCLAMATIONS A. Proclamation to designate November as National Epilepsy Awareness Month. To be mailed upon presentation. B. Proclamation to designate the month of November 2003 as Collier County Adoption Month. To be accepted by Debbie Allen and Danielle Stewart. Proclamation to recognize the Florida Fire School and those dedicated individuals and agencies for their efforts in providing this beneficial training. To be accepted by Warren Heltsley and Doug Doyer. Proclamation to designate Sunday, November 16, 2003 as Lake Trafford Restoration Awareness Day. To be accepted by Nicole Ryan, Environmental Policy Manager for the Conservancy of Southwest Florida. Proclamation to designate November 2003 as United Way of Collier County Agency Awareness Month. To be accepted by Dan Rodriguez, Collier County Facilities Manager and member of the Collier County United Way Branch. Proclamation to designate October 28, 2003 as Collier County Wastewater Operations Challenge Day. To be accepted by members of the Royal Flush Team which include Joseph Bianchi, William Combs, David Fitts and Dale Waller. 2 October 28, 2003 PRESENTATIONS A. Recommendation to recognize Sharon Gilbert, Operations Coordinator, Transportation Division as Employee of the Month for October 2003. PUBLIC PETITIONS A. Public Petition request by Mr. William L. McDaniel, Jr. to discuss hours of operation for the mining industry in Collier County. B. Public Petition request by Mr. Bob Krasowski to discuss a workshop on the solid waste management issue. 7. BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS A. This item continued from the September 23, 2003 BCC Meetin.q. This item requires that all participants be sworn in and ex parte disclosure be provideu by Commission members. PUDZ-2003-AR-3607, William L. Hoover, AICP, o, Hoover Planning and Development Inc., representing Barton and Wendy Mclntyre and Joseph MagDalener, requesting changes to the existing Nicaea Academy PUD Zoning. The proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted living facility and allow for a minimum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 119+ acres. B. This item was continued from the September 23, 2003 BCC Meetin.q and is further continued to the December 16, 2003 BCC Meetin_cl. CU-02-AR-2354 William Hoover, AICP, of Hoover Planning and Development Inc., representing Pastor Roy Shuck of Faith Community Church, requesting Conditional Use 3 and 4 of "E" Estates to add a child care and pre-school to the existing Faith Community Church, located at 6455 22nd Avenue NW, further described as part of Tracts 15 and 16, Golden Gate Estates Unit 97. C. This item beinR continued to the November 18, 2003 BCC Meetin.q. Approve an ordinance to be known as the Advanced Broadband Infrastructure Investment Ordinance, establishing an advanced broadband infrastructure investment program available to eligible businesses to encourage private sector investment in advanced broadband infrastructure. D. This item bein.q continued to the November 18, 2003 BCC Meetin_cl. Approve an ordinance to be known as the Job Creation Investment Ordinance; approve an associated budget amendment for $500,000; establish the job creation 3 October 28, 2003 investment program available to eligible businesses to mitigate the economic effects of increased development fees and relocation or expansion costs. This item being continued to the November 18~ 2003 BCC Meeting. Approve an ordinance to be known as the Fee Payment Assistance Ordinance; approve an associated budget amendment for $1,350,000; establish a fee payment assistance program available to eligible businesses to mitigate the economic effects of increased impact fee rates. This item being continued to the November 18~ 2003 BCC Meetin_cl. Approve an ordinance to be known as the Property Tax Stimulus Ordinance; establish a property tax stimulus program available to eligible businesses to mitigate the economic effects of increased relocation and expansion costs. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Code Enforcement Board. B. Appointment of member to the Community Character/Smart Growth Advisory Committee. C. This item being continued to the November 18, 2003 BCC Meeting. Impact fee credits for existing building or structures. (Commissioner Henning) 10. COUNTY MANAGER'S REPORT Approve an agreement with the Gulf Coast Skimmers to terminate the lease agreement at Sugden Regional Park. (John Dunnuck, Administrator, Public Services) Present findings and recommendations concerning the negotiations with Brightstar Environmental (Florida), LLC pursuant to RFP #02-3316; MSW Processing and Gasification Facility and recommendations for further actions. (Jim DeLony, Administrator, Public Utilities) Item to be heard at 12:00 noon. Recommendation that the Board of County Commissioners and the County's Labor Negotiation Committee hold a Strategy Session for Collective Bargaining with the Southwest Florida Professional Firefighters and Paramedics, IAFF Local 1826, in the Shade pursuant to Section 477.605 (1) Fla. Stat. (John Dunnuck, Administrator, Public Services) 4 October 28, 2003 Recommendation that the Board of County Commissioners determine whether Collier County Emergency Medical Services shall continue to provide out-of-county transports for Naples Community Hospital Healthcare System Facilities and ratification of prior letter agreement. (John Dunnuck, Administrator, Public Services) Recommendation to approve Commercial Excavation Permit No. 59.868 "Stewart Earth Mining", located in Section 18 and 19, Township 46 south, Range 29 east; bonded 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. (Joseph K. Schmitt, Administrator, Community Development) Request Board approval to accept a grant of $200,000 under the Florida Economic Development Transportation Fund Program; approve an agreement between the Florida Office of Trade, Tourism and Economic Development and Collier County; approve a budget amendment in the amount of $200,000; approve a resolution assuming future road maintenance; and approve a road maintenance agreement between the County and the North Naples Golf Range, Inc. (Joseph K. Schmitt, Administrator, Community Development) Recommendation that the Board adopt a resolution of No Objection to the enactment of a bill by the Florida Legislature creating an independent Special District under Chapter 189, Florida Statutes, to be known as the Big Cypress Stewardship District. (Joseph K. Schmitt, Administrator, Community Development) Recommendation that the Board adopt a resolution of No Objection to the enactment of a bill by the Florida Legislature creating an independent Special District under Chapter 189, Florida Statutes, to be known as the Ave Maria Stewardship Community District. (Joseph K. Schmitt, Administrator, Community Development) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT Recommendation that the Board of County Commissioners approve settlement of claims against individual County Commissioners and former County Commissioners in the case of Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, the United States District Court for the Middle District of Florida, now pending in the United States Court of Appeals for the Eleventh Circuit as Case No. 03-13133-BB. 5 October 28, 2003 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY Recommendation from the County's Airport Authority that the Board affirm the attached employment agreement between the Authority and Eugene Schmidt, Executive Director, and authorize a related budget amendment. 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Ibis Cove, Phase One". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 2) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Naples Lakes Shopping Center". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 3) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Links at the Strand". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 4) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Naples Gateway, Phase 2". The roadway and drainage improvements will be privately maintained,, the water and sewer improvements will be maintained by Collier County. 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Arielle". 6 October 28, 2003 6) 7) 8) 9) lO) 11) 12) 13) 14) 15) 16) 17) 18) 19) Request to approve for recording the final plat of "North Naples Research and Technology Park", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Final acceptance of water utility facilities for Jasmine Pointe. Final acceptance of water utility facilities for Spoonbill Cove at Carlton Lakes. Final acceptance of water utility facilities for Bridgewater Bay Clubhouse. Final acceptance of water utility facilities for Bridgewater Bay, Phase One. Petition CARNY-2003-AR-4798, Reverend Joseph Spinelli, OSA, St. Elizabeth Seton Church requesting permit to conduct a carnival from November 5 through November 9, 2003, on the church property located at 2760 52nd Terrace SW, Golden Gate City. Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Troon Lakes" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Recommendation to award RFP #03-3537, "Tourist Development Council Marketing Services" (in the estimated annual amount of $820,000). Recommendation to award RFP #03-3540, Tourist Development Council Fulfillment Services (in the estimated annual amount of $65,000). Recommendation to approve Commercial Excavation Permit No. 59.583-1- AR-3960 "Marete Commercial Excavation", located in Section 7, Township 51 south, Range 26 east; bounded on the east and south by vacant land zoned agricultural, on the west and north by occupied land zoned agricultural. Recommendation to award RFP #03-3538, "Tourist Development Council Research Services" (in the estimated annual amount of $75,000). Approve a Tourist Development Category "A" Beach Renourishment/Maintenance Grant Applications and budget amendments for Fiscal Year 2003/2004 in the amount of $316,900. Proposed amendment to Resolution 2003-340 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. Board waive recovery of relocation expenses of $4,855.06, resulting from the negotiated resignation of Ms. Margaret Wuerstle as Planning Services Director, releasing any right the County may have in reclaiming said relocation expenses, finding that payment of relocation expenses, in this case, are in the best interest of the County. 7 October 28, 2003 B. TRANSPORTATION SERVICES 1) Amend Resolution No. 2001-56, which established an Ad Hoc Advisory Committee to provide input and guidance in the aesthetic appearance of the 1-75/Golden Gate Parkway Interchange, by reducing the number of voting' members from seven to five, and reducing the number of non- voting members from three to two. 2) Approve a budget amendment to carry forward funds to re-open a purchase order in FY04 that was closed by mistake in FY03 in the amount of $23,490. 3) Approval Bid #03-3561, SR951 at Fiddler's Creek MSTD roadway grounds maintenance in the amount of $21,143.70 to Green Heron Landscapes, Inc. 4) 5) Adopt a resolution authorizing the acquisition by gift or purchase of a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right- of-way, drainage and utility easements, and temporary driveway restoration easements, and temporary construction easements, which will be required for the construction of roadway, drainage and utility improvements to Rattlesnake Hammock Road (CR 864) from Polly Avenue to Collier Boulevard (CR 951). (Capital Improvement Element No. 77, Project No. 60169). Estimated fiscal impact: $2,230,000. Adopt a resolution authorizing the acquisition by gift or purchase of a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right- of-way, drainage and utility easements, and temporary driveway restoration easements, and temporary construction easements, which will be required for the construction of roadway, drainage and utility improvements to Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Capital Improvement Element No. 37, Project No. 65061). Estimated fiscal impact: $4,558,540. 6) Approve selection committee ranking of firms for contract negotiations for RFP 03-3559 "Consultant Services for the update of the Collier County Comprehensive Pathway Plan". 7) Approve an increase of contingency funds from the current 5% up to the maximum 10% for the Goodlette Frank Road Improvement Project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134, Bid No. 02- 3424. 8) Request the Board approve a resolution implementing certain procedures and guidelines to standardize Traffic Impact Studies (TIS). 9) Approve Change Order No. 2 in the amount of $112,117.09 to Thomas Marine Construction, Inc., for the Lakeland Avenue Bridge and Roadway Construction Project, from Piper Boulevard'to Immokalee Road, Project No. 66041, Bid No. 03-3492. C. PUBLIC UTILITIES 8 October 28, 2003 1) Approve a budget amendment for countywide sand search, Project 90527, to fund staff effort in acquiring temporary beach maintenance easements, in the amount of $100,000. 2) Approve Work Order MAC-FT-04-01 to McKim and Creed Engineers for engineering services related to control and telemetry upgrades for Carica/Vanderbilt/Barefoot pump stations in the amount of $81,000 for Project 70124. 3) Approve Work Order CAR-FT-04-01 to Carollo Engineers for engineering services related to Scada and Control Network Upgrades at the North County Regional Water Treatment Plan in the amount of $84,850 for ProJect 70094. 4) Approve an amendment to the FDEP Beach Erosion Control Program Project Agreement for reimbursement of up to an additional $353,715. 5) Approve resolution supporting continued state funding of coastal projects. 6) Authorize an interest payment in compliance with the Florida Prompt Payment Act related to Contract #02-3348 Golden Gate Wellfield Reliability Improvements, Project 70066, in the amount of $7,397.91. 7) 8) Award Contracts 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County" (estimated dollar amount of contract not to exceed $3,000,000 annually per firm). Approve two work order amendments, under Contract #01-3271, fixed term professional engineering services for Coastal Zone Management Projects, with Coastal Planning and Engineering for Sand Search Phase 3 and Marine Resources Investigation as part of the countywide sand search, Project 90527, in the combined reduced amount of $26,509. 9) Approve two budget amendments in the total amount of $31,850 and a work order amendment with Greeley and Hansen LLC under Contract #00- 3119, Fixed Term Professional Utility Engineering Services, for the updating of the Collier County Utilities Standards in the amount of $31,849, Project 70202. lo) Waive the Purchasing Policy VII (F) and authorize staff to modify the purchase order to Advanced Control Consulting in the amount of $7,500 for Project 74033. 11) Approve a new agreement for delivery and reuse of reclaimed water and terminate the existing agreement between the Collier County Water-Sewer District and Windstar Club, Inc. 12) Award Bid Number 03-3531 for landscape maintenance in the base cost amount of $89,157 for wells and facilities to Ground Zero Landscaping Service, Incorporated. D. PUBLIC SERVICES 9 October 28, 2003 1) 2) 3) 4) Approval of additions to agreements between Sirsi Corporation and Collier County Board of County Commissioners to extend the contract for internet access. Award Work Order #PBS-02-30 in the negotiated amount of $119,730 to Professional Building Systems for the renovation of Tigertail Beach Park, Phase II. Approve an agreement with Stock Development, LLC for the installation of upgraded sports field lighting at Eagle Lakes Community Park at no cost to Collier County. Award Work Order #CT-02-03 in the amount of $130,241 to the Chris-Tel Company for the renovation of Bayview Park. 5) Approve a budget amendment recognizing $83,000 in revenue from the Community Development Block Grant Program for the East Naples Community Center Senior Center Expansion Project. 6) Approval of amendments to the Collier County Fair Board By-Laws. 7) Approve a budget amendment in the amount of $64,380.36 to recognize repayment to the Grant Fund from EMS. 8) Request by Collier County Domestic Animal Services to approve a resolution to waive dog and cat license fees for four days during November's Shelter Appreciation Week. ADMINISTRATIVE SERVICES COUNTY MANAGER 1) Approval of Budget Amendment Report - BA #04-013 in the amount of $14,200 to pay for equipment for fire engine purchased in FY03. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala request for approval for payment to attend SWFRPC 30th Anniversary Celebration. 2) Commissioner Coletta requests approval for payment to attend SWFPRC 30th Anniversary Celebration. 3) Commissioner Henning request for approval for payment for expenses serving a valid public purpose. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. 10 October 28, 2003 17. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Collier County Commission endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report. 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. K. COUNTY ATTORNEY 1) Adopt a resolution to amend Collier County Resolution No. 2000-126 to correct references to the exhibits in that resolution. 2) Approve the stipulated final judgment relative to the fee simple acquisition of Parcel 191 in the lawsuit styled Collier County v. G JR of Naples Inc., et al, Case No. 02-2212-CA (Immokalee Road Project #60018). SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2003-AR3691 to disclaim, renounce and vacate the County's and the Public's interest in the 20 foot wide alley in Block 50, according to the plat of "Newmarket Subdivision", as recorded in Plat Book 1, Pages 104 and 105, Public Records of Collier County, Florida, located in Section 3, Township 47 south, Range 29 east. This item being continued to the November 187 2003 BCC Meeting. Adoption of an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, by establishing a deferral program for the Immokalee Area to reduce the economic effects of increased impact fee rates. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 October 28, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 28, 2003 Continue Item 8(A) to November 18, 2003 BCC meeting. This item continued from the September 23, 2003 BCC meeting. {IDZ-2003-AR-3607, William L. Hoover, AICP, of Hoover Planning and development, Inc., representing Barton and Wendy Mclntyre and Joseph MagDalener, requesting changes to the existing Nicaea Academy PUD zoning. The proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted living facility and allow for a minimum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 119+ acres. (Petitioner request.) Add Item 9(E): Fleischman property discussion. (Commissioner Coyle request.) Continue Item 10A to November 18, 2003 BCC meetin.q: with the Gulf Coast Skimmers to terminate the lease Regional Park. (Staff request.) Approve an agreement agreement at Sugden Continue Item 16(A)3 to November 18, 2003 BCC meetinq: Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Links at the Strand". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. (Petitioner request.) Continue Item 16(B)8 to November 18, 2003 BCC meetin.q. approve a resolution implementing certain procedures standardize Traffic Impact Studies (TIS). (Staff request.) Request the Board and guidelines to Item 16(D)6: Last paragraph on page 1 should read "Manager" (not "manger"). Move Item 16(H)3 to 9(D): Commissioner Henning request for approval for payment for expenses serving a valid public purpose. (Commissioner Halas request.) Time Certain Items: Item 10C to be heard at 12:00 noon: Recommendation that the Board of County Commissioners and the County's Labor Negotiation Committee hold a strategy session for collective bargaining with the Southwest Florida Professional Firefighters and Paramedics, IAFF Local 1826, in the shade pursuant to Section 477.605 (1) Fla. Stat. PROCLA~A TION WHEREAS. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Epilepsy, dso known os 5dzo~ DisordeP, has afflicted mankind since ~dicoJ wd~ing; r~dia~$d onci~n~ bdi~f$ Pho~ Epilepsy wa$a visitation f~ fh~ gods with this di$o~er held prophetic powers. Hippocrates bdieved that (n~o~on$) ~d, ~il~ ~on b~ nou~d by in)u~ to th~ b~in, tack of o~9~n ~t bi~h. brain ~mo~. lnf~ffon and b~Jn cns~$, th~ cou$~ is unknown: ~nd, mo~ thom ~o midian Am~ricon~ ~ ~fflict~d with $om~ ~p~ of Epilepsy. Of this number, I~0,~ ~ Florida reddent$: ~nd, tho$e ond, lock to oge old m~h~, WHEREAS, the worse thom the WHEREAS, WHEREAS, b~ier~,~q emplayment w/th umeanl~lOyment rates workers in job and, thirl~ years rtest to fall WHEREAS. NOW THEREFORE. be ~oum~y, meeds a them an of Collier be designated as NA T'ZONAL EPILEPSY AWARENESS II~ONTH DONE AND ORDERED THIS 2Bfh Day of October, 2003 A TTE$ T: DWI~4'~ E. BROCK, CLERK BOARD OF COUNTY COA~&~[S$IONER$ COLLIER COUNTY, t:~OtZrbA TO~4 HENNING, CHAIR?N AG N A ][TEH ..... PROCLAA~A TION WHEREAS, every child has the right to grow/n a secure, loving family and adopt/on/s a pos/t/ye way to build a £am//y; and, WHEREAS. the Adoption Task Force o£ 5outhwest F/oWda, fnc. /sa collaborative e££ort of community agencies and individuals to create and increase awareness o£ adoption; and, WHEREA$~ the Adoption Task Force o£ Southwest Florida, Inc. '$ purpose is to prat/de resources and education on the various aspects o£ adoption and to promote pos/Hve attitudes towards adopHon; and, WHEREAS, adoption brings untold bene£/ts to Co/h'er County residents that are affected by the adopttbn process. Thi~ /nc/odes bene£/ts to birth parents, adopdre parents and the children p/aced in adopHve homes, as weft- as theb' extended £am///es; and, WHEREAS, crisis pregnancy is a problem in ~olliep County and adoption is a posit/re opdon that [s not a/ways condd~to o_/ack awareness and education. NOW TH£REFORE, be it proc/aimed by the Board of CoUn~,~mmissJbners of coY/er ,COunty, F/Or/da, that the month o£ N°~r 2005 be designated as CO£LZER COUI~'y ADOPT'£ON AdONTH and, [n honor o£ this event, "we encourage cld'Z~¥omfnum'ty agencirS, Religious organizations, businesses ~hers adoption. DONE AND OQDEQED THIS 28th BOARD OF COUN~ COmmiSSIONERS CO~ER COMN~, FLO~DA ATTEST: TO/~ HENNIN6, CHAIRMAN DWIGHT E. BROCK, CLERK WHEREAS. PROCLA/AA T_TON the Profess/anal and Volunteer F/refighters throughout the State of F/or/da are an extremely valuable asset/n providing for the health and safety 'of our res/dents; and, WHEREAS, there/s a continuing need for quality tra/n/n9 to enable pub/lc safety prodders, particularly those profess/anal and volunteer f/ref/ghters, to maintain their skills; and, WHEREAS, to satisfy this need, the ~reat Florida Fire School was developed to provide this training/n a comprehensive and economical way; and, WHEREAS. WHEREAS. doll/er County has the privilege of hostin9 the 6reat Florida Fire School from November 7~h through 10tn, 2005; and, to fa/fill this trai~lng ~ee~ ~~r~'':th~n 35 c/asses have been scheduled at se~era! ~ende~~ ~ihraUghoUti '~°ll/er County; and, WHEREAS, more than 1~0 fire service responders-from throughout the State of F/or/da and neighboring states have. enrolled to part/c/pate in this training; and, WHEREAS, The Board of County Commissioners w/shes to express its gratitude and appreciation to Ed/son CommunHy Col!eRe, the State F/re College, and the Co/f/er County Fire Ch[efs Association for hosting and developing this valuable trainin9 opportunity, and to sincerely we/come students and guests to :~oiI~ CounW. NOW THEREFORE, be it proc/aimed by the Board of ~oun~ Commissionecs of ~o/h~r ~oun~, F/or/da, 0n behalf qf ~hg C/dzens of ~o/h~r CoonW, he--by rec°gnize these` deb~ated indiddua/s and agencies for their 'effo~t~.-i~ p~v/di~¥h/s beneficial training. DONE ~ND ORDERED THZS 28~h Day of October ~3. BOARD OF COUNTY CO~/dISSIONER$ COLLIER COUNTY, FLORIDA A TTE$ T: DWIGHT E. BROCK, CLERK TOA4 HENNIN~, CHA£RA~AN OCI 2 {3 PROCLAA~A TION WHEREAS, Lake Trafford is an ecologically and economically important lake in 5outhwest Florida; and, efforts to restore Lake Trafford to/ts p/ace as a premier recreational fishing lake, wi/d//£e habitat, and integra/part of the 5outhwest F/or/da ecosystem are of the utmost importance; and, WHEREAS. Lake Trafford has been invaded with a variety of noxious, exotic p/ants, mainly hydri//a, within the past fifty years, the control of which has caused the buildup of organic debris on the lake; and, WHEREAS, Lake Trafford has accu~nu/ated eight million cubic yards of decomposing organic sediment over the bottom of the 2,500 acre lake; and, WHEREAS, Lake Trafford has been the site of several major fish kills (one of which caused the death of 50, 000 fish in Apr//2996}; and, Coil/er County recognizes the importance of restor/n9 Lake Trafford env/eoamentol ~sup~ and iatere~ted citi~en~, alt ~di~at~d to c/eanin~ up th~ /ake; and, WHEREAS, the success of the Task Force has been in/ts abili~ to stress the importance of the project to the communfly, while maintain/n9 high /ryds of support among stakeholders and alerted off[c/a/s, thus securir~i funds for restoration; and, WHEREAS, community grassroots suppor~ for Lake Trafford restoration is key to obtain/n9 the lundin9 for dredging the lake and restoring it to a healthy system; and, WHEREAS. 9rassroots support has been shown annuaI/y at the Lake Trafford BBQ Fundraisers, ~he proceeds of which 90 dfredtly toward helping restore the lake and educate the commum'~/;,.~and', NOW THEREFORE. be it proc/aimed by thei.Bbard Of Counfy Commissioners of Coil/er County, Florida, that Sunday, November 16, 2003 is Lake Tra£ford Restoration Awareness Day. In celebration of the lake, and in an effort to maintain the high/eve/of community support ad awareness, the Lake Trafford Restoration Task Force wfl/ be hosfin9 a fundra/ser in conjunction w/th a free concert by the Un/ted 5totes Navy Band, County Currents. The Task Forces invite ail res/dents to come out to Lake Tra£ford and participate in these festivities. DONE AND ORDERED THIS 2Bth Day of October, 26703. BOARD OF COUNTY COmmISSIONERS COLLIER COUNTY, FLORIDA A 7'TE$ T: TO~ HENNIN~, CHAZR~AN OCT 2003 PROCI. AIAA T£ON WHEQEA$~ since 19§7, the Un/ted ~/oy of Collier County has sponsored and funded qualified, non-profit community agencies which provide essential social and health services to our citizens; and, WHEREA& throcghout the 46 year hi~tory of the United Way of Collier County, the organization has demonstrated continued growth and is currently funding 28 community agencies pray/ding services to all areas of our County; and, WHEREA$~ the Board of County Comm/sMoners gratefully acknowledge and support the f/ne work of the United ~4/ay of Collier County and /ts member agencits. NOel THEREFORE, be it proc/a/n~ed by the Board of County Commissioners of Collier County, Flor/da that Noveml~er, 2005 be designated UN~TED WAY OF ~OL~ER COUNTM A~EN~ AWAR~NES~ ~ONTH DONE AND O~DERED THf5 28th day of October, 2003. '. BOARD Ol= COUNTY COM -~'"I55IONERS COLLI:ER COUNTY, FLORZDA ATTEST: DWIGHT E. BROCK, CLERK OCT 2 2003 PROCLAMATION WHEREAS, the citizens of Collier County operate a community owned utility; and, WHEREAS, the efficiency and skill of the Collier County Wastewater personnel help to provide reliable service to our homes and businesses at the lowest possible costs; and, WHEREAS, in September 2003, a team of Collier County Wastewater Department employees competed with teams from across the State of Florida in the Hampton Roads Sanitation District Invitational Operations Challenge, where they finished 2"d place overall, thereby earning the right to compete against teams from across North America at the Water Environment Federation National Operations Challenge Competition held in Los Angeles, California, Tuesday, October 14, 2003; and, WHEREAS, the 2003 Collier County Wastewater Operations Challenge Team known as "Royal Flush'~ pl.~c~d :;~"~S.;'~r~l!. against :~Z teams entered in their Division, ~_nd .was voted "Mo~tlZ~prqved' team at this year's Water Environment Federation's National Operations Challenge; and, WHEREAS, "Royal Flush" team members ,Toseph Bianchi, Senior Crew Leader, Wastewater Collections; William Combs, Maintenance Specialist, South County Water Reclamation Facility; David Fitts, Senior Field Supervisor, Wastewater Collections; and, Dale Waller, Plant Superintendent, North County Water Reclamation Facility, have made a positive contribution to our County. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County; Florida, that October ZB~ 2003, be designated as "COLLIER COUNTY WASTEWATER OPE~TZ~N$ CHALLENGE DAY," and invite all citizens to join together in honoring these employees of the Collier County Public Utilities. We extend sincere congratulations and genuine gratitude for a job well done. DONE AND ORDERED THT$ 28th Day of October 2003. BOARD OF COUNTY COM, I~TSST. ONF_.R$ CaLl TER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK TOM HENNING, CHAIRMAN OCT 2 8 Pg ~ ~ EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE SHARON GILBERT, OPERATIONS COORDINATOR, TRANSPORTATION DIVISION AS "EMPLOYEE OF THE MONTH" OCTOBER 2003. OBJECTIVE: The "Employee of the Month" program is performance plus unicuely identifiable contributions that County. designed to recognize exceptional produce significant results for the CONSIDERATIONS: Sharon's title is just a small indicator of all that she does for the Transportation Right-of-Way Section. Her duties include handling the budget and financial issues for the office, which in itself is a full-time job. Sharon has also been active in negotiating with owners and acquiring property, first for the 8- mile long ]mmokalee Road project (from CR-951 to 43rd Street NE) and then for the Lely Area Stormwater Improvement Project. One of Sharon's strengths is her good nature and ability to communicate well in a business situation. In some instances, Sharon has been successful in acquiring donations from willing landowners once she explained how the Stormwater project would be a benefit to their neighborhood, but her dedication to the project did not end there. Several of the property owners adamantly opposed donating their property and someone not up to the challenge, might have stopped there. Without unanimous neighborhood support and donation of the effected property, the project would have halted. With Sharon's patience, understanding and persistence, she was able to negotiate a mutually beneficial donation agreement for some of the most unyielding opponents and keep the project moving forward. Sharon shows her exemplary customer service all day, every day, whether it is with staff or the public. Sharon's contribution during our department move was a perfect example. She was the glue that held the move together with her coordination and organizational skills. She was good natured and focused during the entire move and it would not have been accomplished nearly as successfully without her guidance. FISCAL IMPACT: "Employee of the Month" selected receive a $150.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: To recognize Sharon 2003. APPROVED BY: (~ean ~erritt, Dir~.ctor- Human~Resources De&artment APPROVED BY: ~C Len Pri~e, Administrator Administrative Services Division Gilbert as "Employee of the Month" for October DATE: [LO'/,.~-¢O'~ DATE:~ l A GE N~A ITEM~ OCT 2 8 200 COl I ]ER COUNFY MANAGER'S OFFICE 3301East Tamiami Trail · Naples, FL 34112 * 239-774-8383 * Fax239-774-4010 October 16, 2003 Mr. William L. McDaniel, Jr. President Big Island Excavating, Inc. 700 Big Island Ranch Road Naples, FL 34120-2454 Re: Public Petition Request to Discuss Hours of Operation for the Mining Industw in Collier County Dear Mr. McDanieh Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October' 28, 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 Buildin9 (Buildin9 "F") of the 9overnment 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, '~.~3~ames V. Mudd ' County Manager JVM/jb cc: David Weigel, County Attorney Debbie Wight, Assistant to the County Manager 2_0o.5 L~tL4t2903 L=:~ ~ ~ .... ~ EZG ZSL~ND =,~C~VA,_~I PAGE 02 Big Island E]cavatiag, Inc. 7000 Big Island Ranch Road Naples, FL 34120-2454 Phone: 239-455-1218 Fax: 239-455-6635 October 14, 2003 Debbie Wight Assistant to the County Manager 3,301 East Tamiami Trail Naples, FI. 341 t2 Dear Debbie Wight, Thank you for taking the time to me~ with me today. I found the meeting most enlightening and informative for procedural needs regarding count! issues. Please notify the County Manager, Jim Mudd ~,hat I would like to be consid~ed under the Public P~,~ritiona Section of the Beard ot Collier County Commission meetin8 on October 2~~, 2003 to speak on the matter of the hours of operation tbr the mimng industry for Collier County Again, I would offer to be available to assist with this matter in any regard. M~ ceil phone number for any questions is 253-1617. Big Island Excavating, Inc. OCT COLLIER COUNTY MANAGE ' S OFFICE 3301. EastTamiarni Trail * Naples. FL 3,1112 · 239-774-8383 · Fax 239-774-4010 October 16, 2003 Mr. Bob Krasowski, President The Zero Waste Collier County Group 1086 Michigan Avenue Naples, FL 34103 Re: Public Petition Request to Discuss a Workshop on the Solid Waste Management Issue Dear Mr. Krasowski: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 28, 2003 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that tha B(, , t will take no action on your petition at this meeting. However, your petition muy 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, /- ? ~.:~ ..~ ..:" / -'-3ames¥. Mud~l County Manager JVM/jb cc: David Weigel, County Attorney Jim DeLony, Public Utilities Administrator October 14, 2003 Mr. James Mudd County Manager, Collier County, Florida. .Mr. Mud& I request placement on the agenda for the October 28, 2003 meeting of The Collier County Commission under the public petition portion of that agenda. As representative of the Zero Waste Collier County Group I want to petition the board to hold another workshop on the solid waste management issue. I intend to explain why this would be a good idea. I plan to addre~'~ some of the statements made at the May 27, 2003 Commission meeting in respons~ my question about the status of the "Zero Waste" request for proposal (RFP). The ~cp voted for by the Collier County Commissioners at their June 26, 2001 meeting. I plan to speak of The Memorandum dated June 25, 2003 circulated by Mr. DeLony, to you, Nh-. Leo Ochs, Mr. George Yilmaz, Mr. Roy B Anderson and Mr. Robert Zachary. This memorandum relating to my question of May 27, 2003 indicates serious lack of understanding of "Zero Waste" and what The Zero Waste Collier County Group advocates as a solid waste management program for our community. Sincerely, ' t~ ~ - ~,~ Bob Krasowski President, The Zero Waste Collier County Group 239-434-0786 OCT 2 ?.003 EXECUTIVE SUMMARY PUDZ-2003-AR-3607, WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING & DEVELOPMENT, INC., REPRESENTING BARTON AND WENDY MCINTYRE AND JOSEPH MAGDALENER, REQUESTING CHANGES TO THE EXISTING NICAEA ACADEMY PUD ZONING. THE PROPOSED CHANGES TO THE PUD DOCUMENT AND MASTER PLAN WILL ELIMINATE THE USES OF PRIVATE SCHOOL AND ASSISTED LIVING FACILITY AND ALLOW FOR A MAXIMUM OF 580 RESIDENTIAL DWELLING UNITS. THE PROPERTY TO BE CONSIDERED FOR THIS REZONE IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD 3. UST SOUTH OF THE CRYSTAL LAKE PUD (RV PARK), IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. THIS PROPERTY CONSISTS OF 119+ ACRES. OBJECTIVE: To have the Board of County Commissioners detem~ine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The Board of County Commissioners heard this petition on September 23, 2003. At that time, questions were raised regarding the use of Tree Farm Road (a private road) and the creation of a potential common access for the Nicaea Academy PUD and surrounding property owners. The Board voted to continue the hearing to the meeting of October 28, 2003, to allow time for a meeting with area property oxvners and Transportation Services Department Staff. A meeting was held on September 30, 2003, at which County Staff, the developer and adjacent property owners met. Although no written document was produced at that time, a general agreement to consolidate an entrance was reached. The petitioner wishes to rezone a parcel of land from the Nicaea Academy PUD for a school, day care, adult living facilities and a fire station to the Nicaea Academy PUD for a maximum of 580 residential dwelling units. · A portion of the project (40.7-acres) is within the Residential Density Band that surrounds the Activity Center at the intersection of Collier Boulevard and Immokalee Road. The remainder of the project (78.3 acres) is outside the Residential Density Band. The 580 dwelling units on 119 acres results in a maximum gross density of 4.87 dwelling units per acre. Analysis by the Transportation Services Division has determined that the proposed PUD will not increase traffic congestion from the currently approved uses. OCT 2 8 2003 Pg._ / FISCAL IMPACT: This rezoning will have no fiscal impact on Collier County. However, the development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. The following impact fees will be applicable to this project: ParkImpact Fee: · Libraries Impact Fee: · Fire Impact Fee: · Road Impact Fee (single family): · Road Impact Fee (multifamily): · Correctional Facility: · EMS Impact Fee (single family): · EMS Impact Fee (multifamily): · Schools (single family): · Schools (multifamily): $578 $ 335,240 $181 $ 104,980 $0.15 per square foot under roof $ 174,000 $4,629 per dwelling unit $1,342,410 $3,429 per dwelling unit $ 994,410 $118 per dwelling unit $ 68,440 $14 per dwelling unit $ 4,060 $2 per dwelling unit $ 580 $1,778 per dwelling unit $ 515,620 $827 per dwelling unit $ 239,830 The estimated total amount of impact fees for the proposed rezone is $3,779,570. It should be noted that this estimate is based on 290 2,000 square-foot single-family dwelling units and 290 2,000 square- foot multifamily units being developed. Other fees ~vill include building permit review fees and utility fees associated ~vith connecting to the County's sewer and water system. Finally, the developed residential units will be required to pay ad valorem taxes. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), and is partially within a Residential Density Band, as identified on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development at a base density of 4 dwelling units per acre and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions. The westerly side of the project has 40.7-acres located within the Residential Density Band around the Immokalee Road/Collier Boulevard Activity Center and the remaining 78.3 acres of the project are outside this Residential Density Band. The 580 proposed units and resultant density of 4.87 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: 40.7 acres within the Density Band at 7 dwelling units/acre = 285 dwelling units 78.3 acres outside the Density Band at 4 dwelling units/acre = 313 dwel! 2 ing ~,~ ~ 0CT 2 8 2003 119 total acres = 598 dwelling units maximum at a density of 5.03 units/acre 119 total acres = 580 dwelling units requested at a density of 4.87 units/acre Based upon the above analysis, Staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES. There are no unusual environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement xvas submitted and reviewed by County staff and the EAC with the original PUD petition in 2000. No additional environmental impacts are proposed. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on September 4, 2003. Traffic on this segment of Collier Boulevard was discussed. By a vote of 8 to 0, the CCPC forwarded the Nicaea Academy PUD to the Board of County Commissioners with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed Nicaea Academy PUD is compatible with surrounding land uses and consistent with the Growth Management Plan. Planning Services Staff recommended that the Collier County Planning Commission forward Petition PUDZ-2003-AR-3607 to the Board of County Commissioners with a recommendation of approval subject to the PUD document attached to this Staff Report. 0CT 282003 PREPARED BY: FR ~.~EISCHL, AICP PRINCIPAL PLANNER DATE REVIEWED BY', ,~ ,4 ~...d-¥.-") ' . ....... - -- .'~USAN MURRAY, AICP CURRENT PLANNING MANAGER DATE APPROVED BY: JDSJEPH K. SCHMITT DATE ,~(J~MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR ;/ PUDZ-2003-AR-3607 AGENDA IT~,~ OCT 2 $ 2003 COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT October 3, 2003 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transportation~colliergov, net Concerned Property Owners and Interested Developers Collier Boulevard/Tree Farm Road Area Collier County, Florida Re: Collier Boulevard (CR 951) and Tree Farm Road Intersection Dear Sir or Madam: Thank you for taking the time to meet with me and my staff and some of your neighboring property owners and persons with property interests in the area on Tuesday afternoon. I believe the meeting was productive. I also believe that all who were present understand the importance of working together to assure maximum safety and utility of the CR 951 corridor along with maximum access potential for individual properties. Toward that end, I have continued to pursue our mutual goals as represented to you at that meeting as follows: I have met with Mr. Feder, the Transportation Administrator, and reviewed the substance of our meeting. In doing so, Mr. Feder has assured me that the County will support a full median opening at this intersection provided that the adjoining property owners mutually agree to access from Tree Farm Road with a single bridge crossing of the canal at the intersection. Further, the County will support a traffic signal at that location in the future, subject to a Warrant Analysis to substantiate the need for such a signal. These commitments are predicated on Tree Farm Road being built to meet or exceed minimum County standards and to be publicly dedicated. The dedication for the initial portion of the road must run all the way from the east side of the canal to the east line of the Posch property. This dedication also assumes that the 40' dedic~*ion from the Nicea Academy property discussed at the County Commission Meet~ 11 be part of the dedication for the entire length of the southern line of that property. I have discussed with Mr. Clarence Tears, Director of the Big Cypress Basin, how to best go about modifying the proposed bridge at Tree Farm Road to accommodate the added lanes necessary to support a full median opening and traffic signal. The Water Management District is on a fast time line to have the existing bridges replaced. The one at Crystal Lake RV Resort is already under construction. Mr. Tears indicated that the proposed change from a two-lane bridge to a four-lane bridge is still feasible, but we must move swiftly. Mr. Tears indicated that the benefiting parties would be responsible for the added costs for re-design and additional construction. He al both agreed that these costs will, however, be much less than the costs of indi~ new bridges upstream or downstream. I told him that we were working with th property ovmers and development interests to try to get a draft agreement amo~ interested parties within the next month in anticipation of our return to the Boa tl , :tual ,~C.,r~A rr~ the oOCT 2 8 2003 Tree Farm Road Interests October 3, 2003 Page 2 RFCEI ED OC1 - 8 2003 County Commissioners. It is important to realize that the cost of a four-lane bridge is not twice the cost of a two-lane bridge and the added costs will be borne by several benefiting parties rather than'a single entity. In addition, only one northbound right turn lane will be necessary rather than one at each individual bridge. I spoke ~vith Gary Putaansuu, Project Manager for the CR 951 Road Improvement Project and he will be able to modify the final plans to show this new intersection as long as the decision is made relatively soon. The County is in the same posture as the Water Management District. Our Road Improvement Project is on a time line and we must move forward as well. Finally, I spoke with Mr. Bill Hoover who xvas at the meeting and is the Professional Planner for the Nicea Academy Project. He agreed to contact Mr. Anthony Mansolillo, the Real Estate Broker representing both Mr. Posch and Nicea Academy and request that Mr. Mansolillo act as the catalyst to assist in developing a draft agreement. I indicated to Mr. Hoover that I would be pleased to assist as best I can; however, Collier County will not be a party to this agreement. The County's commitments are dependent upon the other parties' ability to come together and provide shared access at the intersection. Your interest in and concern for the safety and efficiency of Collier County's roadway network is appreciated. Please feel free to contact me if there are questions or if you seek any additional information. I look forward to a successful completion of our respective tasks. Edwara J'. Transportatio~/~./rations Director cc: Norman E. Feder, AICP, Transportation Administrator Connie Deane, Transportation Services Division Community Liaison Gary Putaansuu, P.E., Project Manager Gregg Strakaluse, P.E., TECM Director Clarence Tears, Director, Big Cypress Basin, SFWMD Donald Scott, AICP, Transportation Planning Director Fred Reischl, Senior Planner File: Tree Farm Road AGE.~AI~ OCT 2 8 2003 Tree Farm Road Interests October 3, 2003 Page 3 List of Recipients of this letter attached A. 'E. Monsolillo, Broker NAI Realty 720 Goodlette Road North, Suite 304 Naples, FL 34102 William Hoover, AICP Hoover Planning 3785 Airport Road North, Suite B-1 Naples, FL 34105 Dennis Cronin Bond, Schoeneck & King, P.A. 4001 Tamiami Trail North, Suite 404 Naples, FL 34103 Dwight Nadeau, AICP RWA, Inc. 3050 North Horseshoe Drive Naples, FL 34104 Richard Yovanovich Goodlette, Coleman and Johnson, P.A. 4001 North Tamiami Trail North, Suite 300 Naples, FL 34103 Mr. And Mrs. Charles Posch 3500 Tree Farm Road Naples, FL 34120 Mr. Barton Mclntyre 6071 Copper Leaf Lane Naples, FL 34116 Jacob Nagar P. O. Box 12228 Naples, FL 34101 AC_.~._.N~A OCT 2 8 2003 AGENDA ITEM 8-D MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AUGUST 8, 2003 PETITION: PUDA-2003-AR-3607 NICAEA ACADEMY PUD SUPPLEMENTAL STAFF REPORT SUPPLEMENTAL ANALYSIS: During the Planning Commission meeting of July 17, 2003, Ed Kant of the Transportation Services Division stated that he had concerns with the Master Plan. The Planning Commission then voted to continue the petitio~ .until the conceFrns could be resolved. The applicant met with Mr. Kant and made the requested changes. The revised Master Plan is attached to the PUD. ATTACHED INFORMATION: The Staff Report from the July 17, 2003 meeting is attached. The PUD Master Plan has been revised per comments from Ed Kant, Transportation Services Division, and minor changes were made to the PUD document for form and legal sufficiency, per Marjorie Student, Assistant County Attorney. PREPARED BY: PRINCIPAL PLANNER REVIEWED BY: ~S'fJSAN MURRAY, AICP ~ CURRENT PLANNING MANAGER DATE DATE OCT 8 2003 I'g. ,7, MARGARET~~RS~E, AICP PLANNING SERVICES DIRECTOR APPROVED BY: & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Petition PUDA-2003-AR-3607 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN g/curtent/reischl/PUD/PUDA/Nicaea/staffreporffPU DA-2003 -AR-3607 OCT 2 8 2003 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION JUNE 3, 2003 PETITION: PUDZ-2003-AR-3607 NICAEA ACADEMY PUD OWNER/AGENT: Agent: Owners: Contract Purchaser: William Hoover, AICP Hoover Planning and Development, Inc. 3785 Aimort Road North, Suite B-1 Naples % 34105 ,,~ Barton and Wendy Mclntyre 2200 Santa Barbara Boulevard Naples, FL 34116 Joseph Magdalener 540 Inlet Drive Marco Island, FL 34145 REQUESTED ACTION: The petitioner wishes to rezone a parcel of land from the Nicaea Academy PUD for a school, day care, adult living facilities and a fire station to the Nicaea Academy PUD for a maximum of 580 residential dwelling units. GEOGRAPHIC LOCATION: The property is located on the east side of Collier Boulevard approximately one mil~ south of Immokalee Road. The site consists of approximately 119 acres. 0CT 2 8 2003 PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a PUD with a maximum of 580 residential dwelling units uses. The current zoning permits a school, day care, adult living facilities and a fire station. A portion of the project (40.7 acres) is within the Residential Density Band that surrounds the Activity Center at the intersection of Collier Boulevard and Immokalee Road. The remainder of the project (78.3 acres) is outside the Residential Density Band. The 580 dwelling units on 119 acres results in a maximum gross density of 4.87 dwelling units per acre. The current Nicaea Academy PUD (Ordinance 2000-52) is being repealed in its entirety and the petitioner has reformatted and rewritten the proposed PUD document. SURROUNDING LAND USE AND ZONING: Subject Parcel: Surrounding: North: East: South: West: The parcel is an undeveloped 119-acre site; zoned Nicaea Academy PUD Recreational vehicle park; zoned Crystal Lake PUD and several parcels along Acremaker Road, some undeveloped, some developed with residential uses; zoned A Undeveloped land; zoned A, i ~. Rural Fringe Receiving Area Several parcels, some undeveloped, some developed with residential uses; zoned A (Please note, several of these parcels have submitted a rezone petition for the proposed Bristol Pines residential PUD) Collier Boulevard ROW, across which are multi-family residential units; zoned Brittany Bay Apartments PUD GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), and is partially within a residential density band, as identified on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development at a base density of 4 dwelling units per acre and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions; recreation and open space uses and a variety of community facility uses. Review of the Density Rating System indicates that the site is eligible for a base density of 4 dwelling units per acre. The subject property is located within a residential density band and is eligible for a density bonus of up to 3 residential units per gross acre, yielding a total eligible density of 7 dwelling units per acre. 2 OCT 2 8 2003 40.7 acres within the Density Band at 7 dwelling units/acre = 285 dwelling units 78.3 acres outside the Density Band at 4 dwelling units/acre = 313 dwelling units 119 total acres = 598 dwelling units maximum at a density of 5.03 units/acre 119 total acres = 580 dwelling units requested at a density of 4.87 units/acre Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element. 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 Historical/Archaeological Survey or waiver was not required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been inco~ora_t_e~d into this Staff Report. ANALYSIS: Staff analysis indicates that the PUD is consistent with the Future Land Use Element of the Growth Management Plan. The Transportation Services Deparmaent added conditions to bring the PUD up to current standards. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement was submitted and reviewed by County staff and the EAC with the original PUD petition in 2000. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed Nicaea Academy PUD is compatible with surrounding land uses and consistent with the Growth Management Plan. Planning Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-2003-AR-3607 to the Board of County Commissioners with a recommendation of approval subject to the PUD document attached to this Staff Report. '~.___ff 3 OCT PREPARED BY: FRF~ ~ISCHL, AIC~ P~IPAL PLANNER DATE REVIEWED BY: SIJS~'4 MURRAY, ~ CURRENT PLANNING MANAGER ! pMLAARNNG ~N~ EW~Jv~ E ~ LDEI'~EA IcCT O R DATE APPROVED BY: i Hu~KiTSyC H1V~ / DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR )etition PUDZ-2003-AR-3607 COLLIER COUNTY PLANNING COMMISSION: KENNETH L.~AIRMAN g/curren~/reisc hl/PU D/nicaea/staffreport/PUDZ-2003 -AR-3607 AG~DA 0CI 2 8 2003 REZONE FINDINGS PETITION PUDZ-2003-AR-3607 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Staff analysis (see attached Staff Report) indicates that the proposed PUD is consistent with the goals, objectives, and policies of the Future Land Use Map and the other applicable elements of the Growth Management Plan. The existing land use pattern; Pro: The parcel is adjacent to residential uses on the north and west. The uses on the abutting property to the south-are-agricultural (however a rezone petition has been submitted for a portion of the property to the south). The property to the east is also agricultural. Con: Evaluation not applicable. Summary Findings: According to the Growth Management Plan, the proposed rezone is consistent with the existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The parcel is adjacent to residential and agricultural uses. Con: Evaluation not applicable. Summary. Findings: Analysis of the surrounding uses indicates that the PUD will not create an isolated, unrelated zoning district. OCT 2 8 2003 15 Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: Since the PUD is consistent with the Growth Management Plan, the district boundaries are logically drawn. Con: Evaluation not applicable. Summary. Findings: The current district boundaries are logically drawn, since they are consistent with the Growth Management Plan. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The petitioner believes that changing market conditions favor the development of a residential community instead of a school. Con: Evaluation not applicable. Summary Findings: Changing conditions have resulted in the submittal of this amendment. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The parcel is surrounded by existing residential uses, or agricultural lands eligible for rezoning to residential. Con: Evaluation not applicable. Summary Findings: The proposed amendment will not adversely affect living conditions in the neighborhood. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Ar~A r~ ~ OCT 2 8 2003 Pro.' Analysis by the Transportation Services Division has determined that the proposed PUD will not increase traffic congestion from that which is currently approved, or create types of traffic deemed incompatible with surrounding land uses. Con.-. Evaluation not applicable. Summary FindinGs: The proposed amendment will not increase traffic congestion or creme types of traffic deemed incompatible with surrounding land uses. Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Con: Evaluation not applicable. 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. e Whether the proposed change will seriously reduce light and air to adjacent areas; Pro.'. The proposed land uses w/ll be required to meet building setbacks and height restrictions. Con.' Evaluation not applicable. Summary. Findings: All projects in Collier County are subject to the development stahdards of the zoning district in which theY are located. 10. Whether the IJ~ ,posed change will adversely affect property values in the adjacent area; Pro: This site is adjacent to other residential uses. Con..'. Evaluation not applicable. OCT 2 8 2003 11. 12. 13. 14. Summary. Findings: An appraisal of estimated future property values resulting from a rezone was not required to be submitted. Whether the proposed change will be a deterrent to the improvement development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: The development of adjacent properties existing regulations will not be affected. or in accordance with Whether the proposed change ',viii_ constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: Since thc proposed PUD has been found to be in compliance with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The property today could be used for an agricultural operation or to construct a smaller number of residential dwelling units. However, the Growth Management Plan permits a request to rezone the property. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The change is consistent with the Growth Management Plan. Con: Evaluation not applicable. Summary Findings: Since the proposed PUD complies with the Growth Management Plan, it is not out of scale with the needs of the neighborhood or County. 0CT 2 8 2003 /g 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 similar parcels in the County. Thc petitioner wishes to construct residential uses on this parcel. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: While site conditions may restrict the location and square-footage of the buildings, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: The rezoning of this property will eventually result in the creation of a residential development. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. 5 OCT 2 8 2003 Division of Corporations ~'age I o! 2 Florida Profit NICAEA ACADEMY, INC. PRINCIPAL ADDRESS 2200 SANTA BARBARA BLVD NAPLES FL 34116 US Changed 04/23/1997 MAILING ADDRESS 6071 COPPER LEAF LN NAPLES FL 34116 US Changed 01/23/2002 Document Number FEI Number Date Filed P95000035610 650583 996 05/01/1995 State Status Effective Date FL ACTIVE NONE Registered Agent Name & Address MCINTYRE, WENDY L. 6071 COPPER LEAF LANE NAPLES FL 34116 Name Changed: 05/06/1998 Address Changed: 06/09/1999 Officer/Director Detail Name & Address MCINTYRE, BARTON REV 6071 COPPER LEAF LN NAPLES FL 34116 MCINTYRE, WENDY L 6071 COPPER LEAF LN NAPLES FL 34116 Title IID OCT 2 8 2003 .../cordet.exe?a 1 =DETFIL&n 1 =P95000035610&n2=NAMFWD&n3 =0000&n4=N &r 1 =&r2=&~6/3/2003 Division of Corporations Page 2 of 2 Annual Reports li Report Year~ooa~°°~:°°' tlllllJJ Filed Date oa,oaaoo~ omaaoo~ omsaoo~ IltlllJJ Inta-gib,e Tax !J No Events No Name History Information Document Images Listed below are the images available for this filing. 03/03/2003 - ANN REP/UNIFORM BUS REP 01/23/2002 -ANN REP/UNIFORM BUS REP 01/18/2001 -ANN REP/UNIFORM BUS REP 01/1.4/2,000 -ANN REP_RJNIFORM BUS REP ...................... 06/09/1999 ~ ANNUAL-REPORT 05/06/1998 = ANNUAL REPORT 04/23/1997 -- ANNUAL REPORT 05/01/I 996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT AGENDA I1'~/'~ OCT 2 8 2003 Pg.~ ~/ __ .../cordet.exe?al =DETFIL&n 1=P95000035 610&n2=NAMFWD&n3=0000&n4=N&rl =&r2=& 6/3/2003 , , Details rage Iot I Folio No.~ 00192960003 Current Ownership ~ Property Address~ NO SITE ADDRESS Owner Namell MCINTYRE, BARTON--& WENDY L Addresses. JI S. 071 COPPER LEAF LN City~ NAPLES ~ Legail! 26 48 26 S112 OF S112 OF . 5112, S1/2 OF Nl/2 OF 5112 OF ~ Sl/2, LESS RAN, OR 1359 PG Section ~ Township ~ Range Zip~ 34116 - 6719 { Sub No. ~ 100 ~ I ,,~Use Code ~ 0 Acres ~ Map No. 117.73 ~ 3B26 VACANT RESIDENTIAL Millage Area II s~p .o. I 11482626 o17.ooo3B=6 1 2002 Final Tax Roll Values Latest Sales History [ Land Value I (+) Improved Value I (=) Market Value I (-) SOH Exempt Value I {=) Assessed Value I (') Homestead and other Exempt Value J (=) Taxable Value SOH = "Save Our Homes" exempt value due increases. ~ $1,s57,098.0011 Date II I[ $ o.ool I os~ 2000 II ~ ,~,,$1,557,098.0011 06/1972 ~ ~ .... $ o.oo I ~ $ 1,657,098.00 I N ~ o.oo I II $ ,,657,o95.oo I tO cap on assessment Book-Page 2725- 3390 Il 536 - 80 ~ Amount $1,710,000.00 $175,500.00 The Information is Updated Weekly. AGE.NOA ITEM ~ OCT 2 8 2003 http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000000192960003 6/3/2003 AFFIDAVIT We, Barton & W~ndy L. M~Tntyr. bei~gfrr~tdu¥~wora, dep~se and ~y ~t we a~ ~e o~e~ of~ ~o~ de~ri~ hom~ and ~ is ~ s~ ma~ the pr~ ~ng; t~t aU ~e ~s to ~ quesfiom ~ ~ a~ ~ all dat~ ~ o~g ~plemmm~ ma~ ~ched Io ~d m~ a p~ of~is a~li~ ~ ~ ~e mte ~a ofo~ ~owl~ge ~d be~ef, We ~d ~ ~!~ ~ ~mpl~ ~d ~c~ ~fo~ a ~g ~ ~ ~v~is~ We ~ ~ Eo~g ~. and H~ver Pl~ning & ~v. Inc. ~ ~ ~ o~ ~r~ ~ ~ reg~ ~s NO~ 1GN ' f Wendy ~McIntyre Barton McInt~re Stale of Florida Coumy ofCollk'r Coumy BCC The foregoing Applicm'ion was acknowledged before n~ this Who is~rsonally kno_w.~o rn~ or who has produced As idemification and who did (did noO rake an oath. PUD/DO Application 3/2002-McIntyre OCT 2 8 2003 PUDZ-2003-AR-3607 PROJECT #2001070025 DATE: 1/23/03 FRED REISCHL AFFIDAVIT 'NET, 2r_./.,3~t> 5' e ~ ~x 07 q o,~'~ / ~ v, ~ v' being first duly sworn, depose and say that we are the conl~acted purchaser f~r a portion of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a'part of this application, are honest and tree to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit Davidson Engineering, Inc. and Hoover Planning & Dev., Inc. to act as our representatives in any matters regarding this Petition. '~a~e of Contracted Purchaser Signature of Contracted Purchaser State of Florida County of Collier County BCC The foregoing Application was acknowledged before me this Who is personal]y~known to me?_r who has produced As identification and who did no._~t) take an oath.A . (~g~'fl~re of Notary P[~bli ) NOTARY PUBLIC ' ' PUD/DO Application 3/2002 - Arno iv- OCT Pg. 2 8 2003 PUDZ-2003-AR-3607 PROJECT #2001070025 DATE: 1/23/03 FRED REISCHL PUDZ.2003-AR-3607 PROJECT #2001070025 DATE: 1/23103 FRED REIscHL PETITION NAME: Nicaea Academy PUD DATE: January 3, 2003 APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SERVICES A. Name of Applicant (s) Barton and Wendy Mclntyre Applicant's Mailing Address 2200 Santa Barbara Boulevard City Naples, Star,Florida Applicant's Telephone Number Bus.:(239) 455-9090 B. Name of Applicant (s) Joseph Magdalener Applicant's Mailing Address 540 Inlet Drive City Marco Island, State Florida Applicant's Telephone Number Bus.: (239) 641 1610 ls the applicant the owner of the subject property? [] Yes Zip 34116 Fax//: Zip34145 Fax#: [--1No [] (a) if'applicant is a land trust, so indicate and name beneficiaries below. [] (b) if applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. [] (c) [] (d) [] (e) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. [] (0 If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (If space is inadequate, attach on separate page.) Name of Agent William Hoover, AICP Firm Hoover Planning & Dev., Inc. Agents Mailing Address 3785 Airport Road North, Suite B-I City Naples State Florida Zip. 34105 Agent's E-Mail Address: biilC~,./hooverplartning.com Telephone Numbers: Res.: Bus. 239-403-8899 Fax#: 239-403-9009 OCT 2 8 2003 PUD ORDINANCE NAME AND NUMBER: Nicaea Academy PUD 2000-52 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district. include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of the survey (1" to 400' scale). THE APPLICANT 1S RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 26 TOWNSHIP 48 South RANGE 26 East The subject property being i 19+/- acres, and is fully described as the South I/2 of the South 1/2 of the South 1/2 less the west 100 feet thereof; and the South 1/2 of the North 1/2 of the South 1/2 of the South 1/2 less the west 100 feet thereof; all in Section 26, Township 48 South, Range 26 East, Collier County Florida. Address or location of subject property The subject property is located on the eastern side of Collier Boulevard just south of the CD'stal Lake PUD. 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 7. TYPE OF AMENDMENT: [] A. PUD Document Language Amendment [] B. PUD Master Plan Amendment [] C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: J~Yes J--j No if no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No PETITION #: DATE: I0. HAS ANY PORTION OF THE PUD BEEN[] SOLD and/or [] DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? []Yes [~No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). OCT 2 8 AFFIDAVIT We, Nicaea Academy being first duly sworn, depose and say that we 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, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. SIGNATURE OF OWNER SIGNATURE OF OWNER SIGNATURE OF AGENT State of Florida County of Collier County BCC The foregoing Application was acknowledged before me this 3rd ____ __ Day of January .2OO3 _.by. William L. Hoover, AICP Who is personally known to me or who has produced As identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC PUD/DO Application 3/2002 OCT 2 8 2003 Isabel G. Dole 1103 Oak Point Drive Middleborough, MA 02346 JUH 0 9 20 3 June 6, 2003 Mr. Fred Reischl, AICP Principal Planner Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. Reischl: I would like to comment regarding the Notice I received for the recent request for changes to the existing Nicaea Academy PUD zoning. I can't image 580 residential dwelling units in only 119 acres. I can't help but think of the strain this is on the water supply for Collier County and on the sewer system. At this rate, within a decade, we'll be drinking salt water. I realize Collier County has no restrictions based on the amount of dwelling units per acre, but I think it is something that should be considered in future planning for the overcrowded and overbuilt community. I can see that I can place no objection to this proposed project but I'd like consideration given for future applications. Sincerely, Isabel G. Dole (Lot 4039, Crystal Lake) AGE. hN)A ff~v~ OCT 2 8 2003 June 30, 2°o3 . red Reischl Principal Planner Collier C~.unty Government . Community Development aaa Environmental Services Division Planning Services Department 28oo North Horseshoe Drive Naples, Florida 34104 My family and I own and have a r?idence, at 35,.o0. .Tree Farm Roa.d. My son · · - ,-- t---~:--~ss and future home szte aajommg our property; Ires a landscapmi$ otmuJ~ . ' m between us we own 20 ac.res j _ust_to_the sou_~t~ .of th~_Ni_.ca,_e~..~A~c~d~e~m..~y development on 951, Colher Blvd. Our norm oountmry Lou~,r~ ,~ development along it's southern border. Naturally we have some concerns with the d.ecisio, n to develop ~ b .eau.tiful .... 2.An.a because it will obviously negatively impact .not only us, preserv= u~,-~,~--, . - ........ ~---~ .... ncern. our whole rural neighborhood. Following are me area~ o~ pr,.,.___. ~ ,~, 1. Protection from water run off where l.and is bo!It up higher ~ our .-nroperty and our neighbor's, property causing ~e from flooding to gricultural areas, homes, Hvestock and outbm_!d~ngs. -- - --'-- ~----- all --ossible trespassers residing or visiting in a dense residential community who could walk onto our property to do harm to our home, land, or crops. 3. Protection to our property from any debris or construction materiol.~ during the extensive, lon~ term b,ildlng project. 4- Protection from the devaluation of our property due to an eyesore situation where a maintenance, b'~ ~' ding, garbage receptacles, l~ndscape debris or any other disturbing structure might be seen from our residence or entryway. We believe that the best way to act upon our concerns is for the developer to - · -,- ----~'-- .,,oh n.~ a lo' concrete wall, along the entire construct an unscaleao~e ~aXl'lCr, ~----.-- . .... t--~ ....... ,~ g... vou . Thank ou for allowing us to SUDnUt mese c~uuur-~!m, ao, ~. common border_ Y · · ' cade - -'~-- a---'--- the -,ublic hearm~ on PUDZ-ooo3-AR-36OT, N~caea.~ my, I0 consIut~r uud-uz5 F o since we cannot be present to voice our concerns in person. Sincerely, -'~huck and Barbara Posch OCT ~_ ~ 2003 Ordin~ce 2000-52 is being repealed in its entirety. OCT 2 -3 2003 OKDINAJqCE NO. 2000-52 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES TI~ COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPOKATED ARF_.A OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8626S; BY CHANGING THE ZONING CLASSIFICATION OF TH~ HEREIN DESCRIBED REAL PROPERTY FROM #A" RURAL AGRICULTURE AND "A-ST" TO "PUD' PLANNED UNIT DEVELOPMENT KNOWN AS NICAEA ACADEMY LOCATED AT COLLIER BOULEVARD (C.R. 951) ON THE NORTHEAST CORNER OF TREE FARM ROAD AND COLLIER BOULEVARD (C.I~ 951) IN SECTION 26, TOWNSHIP ,$8 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 119± ACRES; AND BY PROVIDINO AN EFFECTIVE DATE. WHEREAS, Kar~n Bishop of PMS, lac. of Naples, representing Barton and Wendy Mclntyr~, petitioned the Board of County Commissioners to change the zoning classilication of the herein describext rral prope~x~y. '?~'~ ~-~ NOW, THEREFORE BE IT ORDAINED by the Board of County Com~!tm!on~_~ Collier County, Florida, that: r::--. zoning classification of Township 48 South, Ran§e 26 East, Collier County, Florida, is chang~l from "A" Rural Agriculture and "A-ST" to "PUD" Plannc-cl Unit Development in accordance with thc PUD Document, attached hereto as Exhibit "A" and incorpomte, d by mfc-r,mce hcr~in. The Official Zoning Atlas Map numbered 8626S, as described in Ordinance Numb~ 91-10:2, the Collier County Land Development Code, is hereby amended accordingly. PUDZ-2003-AR-3607 PROJECT #2001070025 DATE: 1/23/03 FRED REISCHL OCT 2 8 2003 ~ECTION TWO: This Ordinancc slmll become cffe~tlvc upon filing wi~h thc Department of Statc. PASSED AND DULY ADOPTED by thc Board of County Commissioners of Collier County, Florida. this [ ~l. day of Ma0o~c M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER~A This ordl~::,nce fl14c! ~ the r~c~ c~ S~'s .O¢-fice th,_ -2- AGENDA I'~..~,~ OCT 2 8 2003 NICAEA ACADEMY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Barton & Weary Mclntyre 2200 Santa Barbara Boulevard Naples, FL 34116 Prepared By: PMS, Inc. of Naple~ 2335 Tamiami Trail; Suite 408 Naples, Florida 34 ! 03 941 / 435-9080 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE Auguat 1. 2000 2fl~0-52 05-16-00 EXHIBIT "A" AC, ENOA rr~ OCT 2 8 2003 ~._ 33'- ,,. TABLE OF CONTENTS SECTION TABLE OF CONTENTS PAGE ii ! II Ill IV V VI VII VIII IX X XI STATEMENT OF COMPLIANCE ................................................ 1 PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE ................................................................................... 2 STATEMENT OF INTENT AND PROJECT DESCRIPTION ....... 3 PROJECT DEVELOPMENT REQUIREMENTS .......................... 4.1 .-4.5 RESIDENTIAL PERMITTED USES & DIMENSIONAL STANDARDS. 5.1-5.2 COMMUNITY FACILITY PERMITTED USES .............................. 6. !-6.3 PRESERVE DISTRICT ..................................................................... 7 ENVIRONMENTAL STANDARDS ................................................ 8.1-8.2 TRANSPORTATION STANDARDS ................................................ 9 UTILITIES AND ENGINEERING REQUIREMENTS .................... 10' WATER MANAGEMENT REQUIREMENTS ................................ 11 LIST OF EXHIBITS /IND TABLES EXHIBIT "A" - PUD MASTER PLAN TABLE 1 - LAND USE SUMMARY ................................................ 4.2 TABLE II - SUMMARY OF DEVELOPMENT STANDARDS ..... 6.3 ii SECTION ! STATEMENT OF COMPLIANCE The development of approximately i 19 acres of'property in Collier County, as a Planned Unit Development to be known as Nicaea Academy will be in compliance with the goals, objectives and policies of Collier County as set forth in the Comprehensive Plan. The proposed Development will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for each of the elements of the Growth Management Plan for the following reasons: 1.I The subject proper~y is located within the Urban Residential Land Use designation as identified in the Collier County Land Use Map. Objective 1 requires new or revised uses of land to be consistent with the designations outlined on the Future Land Use Map. Policy 5.1 requires the rezoning to be consistent with the Collier County Growth Management Plan. Policy 5.2 requires proposed developments to be reviewed for compliance with the comprehensive plan. All these plan objectives and policies require the proposed rezoning to be located in the appropriate land use category and assessed for comprehensive plan consistency. 1.2 1.3 The Urban Residential Sub-district designation is intended to provide for higher residential densities in areas with relatively few natural resource constraints and where existing and planned public facilities are concentrated. The designation can also allow marinas, yacht clubs and related accessory and recreational uses that include boat storage, launching facilities, fueling activities, restaurants and health clubs. The Urban Residential designation includes both residential and nonresl tential land uses and would appropriately include the community facilities type of development. The total acreage of the Nicaea Academy PUD is 119+/- acres. The maximum number of dwelling units is ten (10) on a three- (3) acre tract, which results in a maximum density of approximately 3.33 units per acre. The project density of 3.33 dwelling units per acre is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) which allows 4.0 units per acre as a base density. The remaining Development will primarily consist of a private, religious school, education facilities, church and recreation facilities, day care, adult living facilities, and a fire station, therefore since comm"nitv facilities are permitted uses in the Urban Residential area they are determined to bc z .... ;tent with the Collier County Growth Management Plan. 1.4 The Project shall be in compliance with all applicable county regulations, including the Growth Management Plan. 1.5 The Project will be served by a full range of services and utilities provided by the County. 1.6 The Project will be compatible and complimentary with adjacent land uses through the internal arrangement of tracts, the placement of land use buffers, and the proposed development standards contained herein. 1.1 OCT 2 8 2003 __ i.7 1.8 Thc Planned Unit Development includes open spaces, natural features and a lake, which will serve to enhance the,_PxojccLaad_imp~'e_its compatibility to surrounding properties and land uses. All final local development orders for this Project arc aubject Io thc Collier Count3 Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. 1.2 Ill OCT 2 8 2003 2.1 2.2 2.3 2.4 2.5 PURPOSE, LEGAL DESCRIPTION, PROPERTY O'~NERSHIP AND SHORT TITLE pLrm'OSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Nicaea Academy. .LEGAL DESCRIPTION The subject property being: A tract or parcel of land situated in the Slate of Florida, County of Collier, lying in Section 26, Township 48 South, Range 26 East, and being further bound and described as follows: The South ½ of the South ½ of the South Va less the west 100' Thereof: and the south ½ of the north ½ of the south ½ of the south ½, less the west 100' Thereof: all in section 26 township 48 south, range 26 east, Collier County, Florida, OR 1359 PAGE 243 Thc parcel contains 119 acres, more or less. PROPERTY OWNERSHIP The subject properly is under uv ;~ d control through contracts for purchase. Thc purchasers are Barton and Wendy Mc;. ayre hereafter called "Applicant or Developer". GENERAL DESCRIPTION OF PROPERTY AREA. The Project site is located within Section 26, Township 48 S, Range 26 E,' Collier County. The parcel of approximately 119 acres is located on CR. 951, south of Crystal Lake Resort, on the northeast comer of Tree Farm Road.. The zoning classification of the subject property is A/Agriculture and A- ST/Agriculture with a special treatment overlay. SHORT TITLE This Ordinance shall be known Development Ordinance". cited aS "Nicaea Academy Planned Unit 2.1 Ar_.,EhN)A rr~ OCT 2 8 2003 STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 3.2 3.3 3.4 _INTRODUCTION It is the Developer's intent to establish a Planned Unit Development meeting the requirements of the Collier County Land Development Code Ct. DC). PROJECT DESCRIPTION Thc project is comprised of 119-~_ acres. Access to the site is provided from Collier Boulevard (CR. 951) via Tree Farm. The Project will provide a selected range of facilities which will be school, day care, adult living facilities, recreational facilities, classrooms, a single family detached residence and a fire station which will be complimentary to the principal uses of the site. PLAN APPROVAL Thc location of thc land uses is shown on thc PUD Conceptual Master Plan. Changes and variations in building location shall bc permitted via Site Development Plan (SDP) approval in accordance with Division 3.3 of thc Land Development Code. Changes and variations in building tracts may be permitted during Site Development Plan approval if at the discretion of thc Development Services Manager, or his designee, so long as such changes and variations arc in conformance with the substantive and procedural requirements of thc Collier Corm*-' Land Development Code. LAND USE PLAN AND PROJECT PHASING The phasing schedule and development intensities are approximate and are based on thc best information availability of need and funding. Future development includes a school, classrooms, adult living facilities, a single family detached residence, children's care center, recreational facilities, cable tower and a fire station. 3.1 AC, ENOA ITEM 1~ 0CT 2 8 2OO3 4.1 SECTION IV PROJECT DEVELOPMENT REQUIREMENTS 4.2 4.3 pURPOSE The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. ho Regulations for development of Nicaea Academy shall be in accordance with the contents of this Document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Comprehensive Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements such as Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where the regulations of this PUD Document fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of Nicaea Academy shall become part of the regulations, which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. SITE CLEARI~..G AND DRAINAG~ Clearing grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code and the standards and commitments of this Document in effect at the time of construction plan approval. 4.1 A~ ff~ I~ OCT 2 8 2003 4.4 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including the use of land for the acreage noted, is illustrated graphically by Exhibit "A", PUD Master Plan. NICAEA ACADEMY LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE Maximum Size/Units ACRES Community Facility "Parcel I" Adult Living Facility (FAR 0.45) 5.3+/- School 600 Students 39.2+/- Preserve N/A 72.0+/- Residential "Parcel II" Residential I0 3.0+/= Open Space (~ 60% of site including Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas) This acreage includes open space or recreational areas that may be located within the residential acreage. Table I is a schedule of the intended land uses, ~'ith the apprOXimate acreage of the total Project indicated. The arrangement of these land areas is shown on the Master Plan (Exhibit "A"). Thc Master Development Plan is an illustrative preliminary development plan. Design criteria and layout that is illustrated on the Master Development Plan and other exhibits supporting this Project shall be understood to be flexible so that final design may satisfy development objectiv~ and be consistent with the Project's development, as set forth in this document. Modification to all boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts or acreage as may be necessary. 4.2 AGENOA IT~Mf~ OCT 2 B 2003 4.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat for ali or part of the PUD, final plans of all required improvements shall receive approval of lhe appropriate Collier County governmental agency to insure compliance with the PUD Maslcr Plan, and as applicable, the Collier County Subdivision Code and the platting laws of the Stat~ of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision PIat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Flor/da.. Co The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of ali platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Do Appropriate instruments will be provided at the time of infrastructur~ improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. Except as provided herein, the design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. Fo The development of any tract or parcel approved for mixed use development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code (LDC) prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. 4.3 OCT 2 8 2003 ;,.7 4.6 4.7 4.8 4.9 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodi~ is hereby permitted. If after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definilion of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code (LDC), whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. DEVELOPMENT SCHEDULE The Applicant estimates completion of improvements to the property should occur by January 2010. AMENDMENTS TO PUD DO(~UMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier (- lnty Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE 4.10 Whenever the Developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest of all of the subsequent purchasers of property within said Development in which the common interest is located, that Developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association or another appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and open space shall meet the 60 percent open space requirement for development aa set forth in Section 2.6.32.2 of the Land Development Code. Open space shall include all pervious green space within development parcels and lots. 4.4 OCT 2 8 7_003 4.11 4.12 Common area maintenance, including thc maintenance of common facilities, open spaces and water management facilities shall bc thc responsibility of thc Developer, their successors or assigns. _ _EASELS FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of development approvals. HISTORICAL/ARCHAEOLOGICAL IMpAG~. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity, a 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 De'par/anent contacted. 4.5 OCT 2 8 2003 5.1 5.2 5.3 SECTION V RESIDENTIAL FERMi'IrED USES AND DIMENSIONAL STANDARDS _PURPOSE The purpose of this Section is to identify permitted uses and development standards for Residential Tracts with thc Nicaea Academy PUD and designated on Exhibit "A", PUD Master Plan. _GENERAL DESCRIPTION. Development areas as shown on the PUD Master Plan, are designed to accommodate a full range of principal uses, essential services and accessory uses. Actual acreage of all development areas will be provided at the lime of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article3, Division 3.3 and Division 3.2 respectively, of the Collier County Land Development Code. Ail development areas are designed to accommodate internal roadways, parking, open spaces, amenity areas, water management facilities, and other similar uses. PERAMITUED USES AND STRUCTURES No other building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following uses: A. Principal Uses Bo A single family detached residence A single family attached residence Any other use which is comparable in nature with the foregoing us.es and which the Development Services Director determines to be compatible. Accessory Use~ Landscape features including but not limited to landscape buffers, berms, fences and architecturally designed walls. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 3. Water management facilities and related structures. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 5.1 5.4 5.5 C. Parking Requirements Development of parking are~ shall comply with Division 2.3, Off-Slreet Parking and Loading, of the Land Development Code in effect at the time of building permit application. D. Accessory Structure4 Accessory structures shall be constructed simultaneously with or following the construction of the principal structure(s) except for temporary construction site offices. ~. Lighting Lighting shall be located so that no light is aimed directly toward an off-site property used for residential purposes, which is located within two hundred (200) feet of the light source. LAKE SETBACKS AND EXCAVATIONS The required setback to external property lines shall be thirty (30') feet if fenced. The required setback to any property line, tract line or structure internal to the development or to any structure shall be zero (0') feet. Lakes may be excavated as development excavations to a maximum depth of twenty (20') feet. EXCAVATION AND VEGETATION REMOVAL A. Improvement of the property shall be prohibited prior to issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. 5.2 Ar_~d40A rr~ OCT 2 8 2003 SECTION Vi COMMUNITY FACILITIES PERMITTED USES AND DIMENSIONAL STANDARDS 6.1 pUR OS The District is intended to implement the Futura Land Use Element of the Growth Management Plan by permitting nonresidential land uses as generally identified in the Urban Designation of the Future Land Use Element. These uses can be characterized as public facilities, institutional uses, open space uses, recreational uses, water-related or dependent uses, and other such uses generally serving the community at large. The dimensional standards are intended lo insure compatibility with existing or future nearby residential development. This zoning district is limited to properties within the Urban Mixed Use Land Use Designation as identified on the Future Land Use Map. 6.2 PERMrrTED USES A.ND STRUCTURES No other building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following uses: A. Permitted Uses 2. 3. 4. 5. 6. 7. go 9. 10. 11. 12. 13. Private school, academies, nursery school, high schools Adult living facility Child day care, group day care, preschools, Churches and house of worship. Civic and cultural facilities Museums. Parks and playgrounds, noncommercial recreation facilities, open space Social and fraternal organizations. Educational services. Fire station, fire department, fire prevention offices and fire marshal's offices Emergency medical services. Open space and preserve area Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 6.1 XC_~NOA ITEM& OCT 2 8 2003 Accessory Use~ Uses accessory to 'permitted uses. Accessory uses and struct~ that are accessory and incidental to the uses permitted as of fight in the CF District as it exists in the Collier County Land Development Code as of the date of approval of this PUD. Parking Requirements Development of parking areas shall comply with Division 2.3., Off-Street Parking and Loading, of the Land Development Code in effect at the time of building permit application. Accessory Structures Accessory structures shall be constructed simultaneously with or following the construction of the principal structure(s) exc.~pt for temporary construction site offices. Lighting Lighting shall be located so that no light is aimed directly toward an off-site property used for residential purposes, which is located within two hundred (200) feet of the light source. 6.2 OCT 2 8 2003 4.7 ....... TABLE 11 DEVELOPMENT STANDARDS FOR MIXED USE RESIDENTIAL COMMUNITY FACILITY .... Single Family Single Family Adult Schooi/Daycare Fire Sta Attached Detached Living Facility EM~ category " i 2 3 4 Minimum Lot Aria 7,000 SF 7,000 SF 87,120 SF 43,560 SF 10,000 Minimum Lol Wld~ 70 70 200 Front Yard 20 20 20 20 25 Fron( Yard f~'~: Side l 0 10 ! 6 10 10 Entry Garage _ Side Yard 7.5 7.5 15 20 15 Rear Yard Principal 20 20 ' 20 Rear Yard Accessory i 0 10 ! 0 l 0 ] 0 Maximum Building 35 35 35 35 30 Distance Between N/A N/A 15 20 25 Principal Structures , .,, Floor Area Min. 1,200 SF 1,200 SF 5,000 SF'* 2,000 SF. 1000 ', iH: BulJdlnf JJeJgkt: Bolldlti[-h~ght skill b~ the vertical distance melsured from the fli~ habltab4e tabbed floor elevltlon to tho uppermost finished cdllnu elevation of the s~roctura. SBH: Sum of BulldJn! fldlht: Combined bcilht of two adJaceol bulldlnt~J for the put'posts ofde~ermlnJaE adbotk requirements. All distancts ire lo fe~t unless oCher'wise noted. Walls and similar structure~ shall have a setback of five (5} fee~ along Ibe Development's boundaries along public right=of-way and a setbaek of two {2) feet aidsz the other perimeter Iraqi boundary wkera not abutting Internal development tracts and i maximum he~K, ht of 12 fe~ as measured from the lowest ecnterilne zrade of the nearest public or private right-of-way or easement. * The Adult Living Facility (ALF} shall not exceed a Floor Area Ratio (FAR) of 0.45 is provided for la Section 2.$.26.2.1 of the Collier County Land Developmen! Code. 6.3 AGENDA ITEM .~ ~o., .,9 OCT 2 8 2003 7.1 7.2 7.3 SECTION VII PRESERVE DISTRICT PURPOSE The purpose ofthis Section is to identify permitted uses and development standards for areas within Nicaea Academy designated on Exhibit "A", PUD Master Plan as Preserve. GENERAL DESCRIPTION Areas designated as Preserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland systems, to allow for the restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Nicaea Academy patrons and tenants. PERMYITED USES AND $ .T. RU~ No. building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures: A. Passive recreational areas, boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces. C. Water management structures. D. Mitigation areas. E. Any other conservation and related open space activity or use which i$ comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preserve District. 7.1 AC.,ENOA ~TE~ OCT 2 8 2003 SECTION VIII ENVIRONMENTAL STANDARDS 8.1 PURPOSE The purpose of this Section is to set forth the environmental commitments of the Developer. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. The Petitioner shall comply with the guidelines and recommendations of tho Florida Fish and Wildlife Conservation Commission (FFWCC) regarding impacts to protected wildlife species. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to the Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. This plan shall include the methods and time sched~fle for remove,., of exotic vegetation within conservation/preservation areas. 8.1 OCT 2 B 2003 SECTION IX TRANSPORTATION REQUIREMENTS 9.1 9.2 9.3 9.4 9.5 9.6 9.7 PURPOSE.. The purpose of this Section is to set forth the transportation comm/tments of the Developer. The Developer shall provide arterial street lighting at the project entrance. Said lighting shall be in place prior to the issuance of any Certificate of Occupancy. Internal access improvements shall not be subject to impact fee credits and shall be in place before any Certificates of Occupancy are issued. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. All median openings and driveway locations shall be in accordance with the Collier County Land Development Code and Access Management Policy, as amended. Median access and control shall remain under County control unless established via a right-of- way agreement between the Board of County Commissioners and the Developer. In the event that Tree Farm Road ''~ private road) is used for access to the site, this mad and bridge crossing shall be imF, .;d to County Standards up to the project's entrance points. The final access location points shall be approved at the time of Site Development Plan submittal. At this time, the Developer shall provide evidence that they can utilize Tree Farm Road for project access pending title search ownership results. Work within the Collier County fight-of-way shall meet the requirements of Col'lier County Right-of-Way Ordinance No. 93-64. 9.1 OCT 2 8 2003 SECTION X UTILITIES AND ENGINEERING REQUIREMENTS 10.1 10.2 PURPOSE The purpose of this Section is to set forth the utilities and engineering eommilments of the Project Developer. PURPOSE 10.3 Ao Be Water distribution, sewage collection and transmission lines to serve the Project are to be designed, constructed, conveyed and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. All customers connecting to the wale, distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. ENGINEERING Ao Bo Co Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until apt' ~,al of the prrl!?0sed construction, in accordance with the submitted plans, is gra ,~d by the Development Services Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. The Developer and it's successors and assigns shall be required to satisfy thc requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site Prior to Final Site Development Plan approval a right-of-way permit shall be obtained, if required. I0.1 AGENOA I'1'~ OCT 2 8 2003 SECTION XI WATER MANAGEMENT REQUIREMENTS 11.1 A. Thc purpose of this Section is to set forth the stipulations for water management, which shall bc accommodatrxl by thc Projext Developer. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by thc Development Services Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Developmenl Code. A surface water management permit must be obtained fi'om the South Florida Water Management District. o No clearing or excavation is allowed until proper vegetation removal and excavation permits are obtained. 11.1 OCT ~ 8 ;~003 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, d° hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2000-52 Which was adopted by the Board of County Commissioners on the 1st day of August, 2000, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners' of Collier County, F~gr: ~a, this 2nd day of August, 2000. ' By: DW~CH~ ".. ,ROCK ..."~. ,¥~:~t:? "i','" Clerk o.f Courts Ex-offzcio to B~a~'of '. County Commtssio~'~s ' Karen SchoC.h, ,'-." ',3. .,' ~.: Deputy Cler~ , '.. ...... ~. >....-...c AGENDA IT~.J~/.~ _ 0CT 2 8 2~3 PUDZ'2003-AR.3607 PROJECT #2001070025 DATE: 1/23/03 FRED REISCHL NICAEA ACADEMY SEC 26, TWP 48S, RNG 26E COLLIER COUNTY, FLORIDA ENVIRONMENTAL IMPACT STATEMENT November 1999 PREPARED BY: pUD00- 03 TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 AC~_NOA ITE~ OCT 2 8 2003 3.8.5.1 3.8.5.2 NICAEA ACADEMY Environmental Impact Statement November 1999 Applicant Information: -Responsible agent who wrote ElS and his education and lob related environmental experience. Timothy C. Hall Wildlife Ecology, [niversity of Florida MS, University of Florida 10 years environmentat field experience 2. Owner's name and address. Barton and Wendy Mclntyre 2200 Santa Barbara Blvd. Nap/es, FL 34116 3. Affidavit ofproofof authorized agent. Please reference submittal from Project Management Services. Development and Site Alteration Information: 1. Description of proposed land use. The owner proposes to construct an educational facility with an assisted living facility and residences for personnel associated with the project. The project as proposed will impact approximately 44 of 119 acres of the site. Wetland impacts amount to approximately 22 acres. 2. Legal Description of site. Please see the survey of the project site included in the submittal from Project Management Services. Location and address description. The property is located in Section 26, Township 48 South, Range 26 East. Collier County. Florida. Please see the attached location map. OCT 2 8 2003 NICAEA ACADEMY Environmental Impact Statement November 1999 3.8.5.3 Mapping and Support Graphics: General Location MaD. See attached location map. 2. Aerial photo of site with boundaries delineated. Please see the enclosed county aerial. 3. Topo£raphic map showing upland contours. Please see the enclosed copy of the USGS Quad map with the property limits delineated. 4. Existing land use of site and surrounding area. Currently the subject parcel is undeveloped. The project is bordered to the south by Tree Farm Rd. with several nursery operations, to the west by County Road 951, the north by Crystal Lakes development and the east by an undeveloped parcel. 5. Soils map,. Please see the enclosed soils map derived from the USDA Soil Survey of Collier County, ~orida, 1998. 6. Drainage plan. A drainageplan has notyet been completed as the project is still in the conceptual phase. Ail drainage and storm waters will be collected and diverted into the on-site lakes for detention and pre-treatment prior to release into the existing on-site wetlands. Please refer to the Vanesse and Daylor conceptual site plans for the lake locations. Development plan including phasing program~ service area of existing and proposed public facilities~ and existing and proposed transportation network in the impact area. Please reference the conceptual site plan from Vanesse and Daylor. OCT 2 8 2003 3.~.$.4 3.8.5.4.1 NICAEA ACADEMY Environmental Impact Statement November ! 999 Impact C.a te~ories: Bio-Physical 1. Air Quality. a. Changes in level ofair pollutants aI defined by current regulations. Short term elevation of air pollutants will be generated during the construction phase of the development by the emissions of the construction equipment. Dust levels could be elevated during construction from earthmoving activities. Smoke from open burning of debris, if this is performed, could also be generated on the site. Number of people that will be affected by air pollution resulting from the proiect. It is not anticipated that anyone will be directly affected by air pollution generated from this project. c. Procedures that will be used to reduce adverse impacts of air pollution. Open burning, if considered, will be dependent upon daily issuance of a burning permit from the Golden Gate Fire Control District; wind direction and moisture levels (dampness) are taken into consideration prior to issuance of a burning permit. Water will be sprayed onto the construction roads to minimize the amount of dust that may be stirred up by wind and cortsrruction equipment. 2. Water Quality. ao Changes in leveLs and types of water pollution as defined by current rtmulations. Water quality is not expected to be degraded as a result of this project. A water management plan for the development has not yet been completed, however, storrrrwater runoff from the site will be collected in a series of catch basins or swales and directed into the lakes for detention and treatment before being allowed to pass into the existing on-site wetland. Road drainaRe. .qll waters from impervious sur./bces (i. e. roads and parking areas) will be collected and directed into the lake for water quality and storage purposes. AGENOA ITEM ~/._~ OCT 2 8 ?_003 NICAEA ACADEMY Environmental Impact Statement November 1999 o Sheet flow. Sheet flow originating/rom impervious surfaces or landscaped areas will be routed into the lakes for storage and water quality purposes. Sheet flow from the preserve area and/rom off site Will be directed around the development area into the local drainage pattern. Rear lot line/building site drainap, e. Building areas that are located adjacent to lakes or mitigation/preserve areas will be graded such that the back portion will sheet flow across pervious ground into the lakes or preserve areas. lnterconnection of the water management system will occur as follows: Interconnection will occur through a series of catch basins, pipes, and/or swales and will terminate in the on-site lakes. b. Inventory of water uses that are restricted or precluded because of pollution levels resulting from this proiec ,t- None are expected. Co Person affected by water pollution resulting from the proiect. The project is not expected to generate water pollution in contradiction to state standards. do project designs and actions that will reduce adverse impacts of water pollution. The project will incorporate standard South Florida Water Management District water quality control features to detain and pre-treat stormwater runoff. Wetlands will be protected from direct stormwater runoff through design of the on-site water management system. Physiography and geolok~/ a. A description of soil types found in the project area. Please reference the enclosed soils map and descriptions. OCT 2 8 2003 Co do f. go NICAEA ACADEMY Environmental Impact Statement Novembcr 1999 Areal extent of proposed topographic modification through excavation; dred£inR and filling. According to the conceptual plan, 44.20 acres of the 119.47 acre site will be cleared or topographically modified in some manner with 75.27 acres (63%) of preserve and buffer area proposed. This far exceeds the requirements put forth by the Collier County Land Development Code. Removal and/or disturbance of natural barriers to storm waves and flooding. Not applicable. Modifications to natural drainal~e patterns. The road and canal to the east, the road to the south, and the development to the north of the project have already altered the natural drainage pattern of this site. No added alteration is expected. The stormwater and site drainage plan will be designed to maintain a stable hydrologic regime for th e proposed preserve areas. Extent of impervious surface and percent of groundwater recharge area to be covered. The aerial extent of impervious surface for the project cannot yet be calculated as the site plan is still in the conceptual stages. Once a detailed site plan has been produced, this figure can be provided. Note that according to the conceptual site plan 63% of the parcel will remain in the natural condition. Annual drawdown of groundwater level resulting from use. Iffeasible. irrigation requirements will be met through the use of reclaimed water from the county wastewater treatment plants. If for technical or supply reasons this is not possible an alternate source will have to be considered. Drcrwdown potential will be calculated in the event this becomes necessary and irrigation water is drawn from on or off-site well sources. Increased siltation in natural water bodies resulting from the proposed use. No siltation of natural water bodies or wetlands is anticipated. Stormwater will/?ow through catch basins, grassed swales, and/or lakes prior to discharge into wetlands, during which time particulate matter will drop out of the water column. Wetland3 will be protected during con. ~",,~'~;~'" ~',, eilt 5 I OCT ? 8 7003 NICAEA ACADEMY Environmental Impact Statement November 1999 fence or hay bale barriers and after construction by a structural buffer. e Wetlands. ao Number of acres of Collier County iurisdictional wetlands by vegetation type, vel!etafion composition~ vegetation abundanceq and their wetland functions. Jurisdictional on-site wetlands consist of 75.57 acres of mixed melaleuca/pineJcypress forests, 1 I. 75 acres of mixed wetland hardwoods, and 6. 72 acres offreshwater marsh. The following list is a brief summary of the major flora within the wetland plant communities. Also noted are any listed species observed on the property. Common Name Scientific Name Stratum Abundance Melaleuca / Pine / Cypress (424, 424/624, 624) Slash pine Cypress delaleuca Dahoon Holly Wax Myrtle Brazilian Pepper Wire Grass Saw Grass Swamp Fern Yellow-eyed Grass Hatpins Pinus elliortii Taxodium distichum Melaleuca quinquinervia Ilex cassine Myrica cerifera Schinus terebinthifolius Aristida stricta Cladium jamaicensis Blechnum serrulatum Xyris spp. Eriocaulon spp. C C C C M M G G G G G Dominant Dominant Dominant at Occasional C OITLI'BOFI Occasional Common Occasional Occasional Occasional Occasional Melaleuca / Pine / Cypress (424, Bromeliads* Orchids* 424/624. 624) (cont) Tillandsia spp. Epidendrum spp. E E Occasional Rare Mixed Wetland Hardwoods (617) Cypress Red Maple Laurel Oak Popash Swamp Bay Melaleuca Dahoon Holly Wax Myrtle Taxodium distichum Acer rubrum _Ouercus laurifolia Fraxinus caroliniana Persea palustris Melaleuca quinquinervia Ilex cassine ~9tS/rica cerifera 6 C C C C C C C M Dominant Occasional Occasional Occasional Occasional Occasional Occasional OCT 2 8 2003 Carolina Willow Brazilian Pepper Saw Grass Royal fern Swamp Fern Yellow-eyed Grass Hatpins Bromeliads* Freshwater Marsh (641) Cypress Melaleuca Wax Myrtle Carolina Willow Brazilian Pepper Salt Bush Saw Grass Swamp Fern Yellow-eyed Grass * - Some species protected C = Canopy bo Salix caroliniana Schinu$ terebinthifoliu$ Cladium jamaicensis Osmundia regalis Blechnum serrulatum Xyris spp. Eriocaulon spp. Tillandsia spp. NICAEA ACADEMY Environmental Impact Statement November 1999 M M G G G G G E Occasional Occasional Common Rare Occasional Occasional Occasional Occasional Taxodium distichum Melaleuca quinquinervia Myrica cerifera Salix carolinians Schinus terebinthifolius Arriplex spp. Cladium jamaicensis Blechnum serrulatum Xyr is spp. C C M M M M G G G Rare Occasional Common Common Occasional Common Common Occasional Occasional M = Midstory G = Groundcover E = Epiphyte Determine present seasonal high water levels and historical high water levels by utilizing lichen lines or other biological indicators. Seasonal high water elevations were determined by watermarks and lichen lines on various trees. These levels varied between 0 and 8 inches above ground level. These levels have not yet been surveyed for reference to NGVD. Indicate how the project design improves/affects pre-development hydroperiods resulting from the proieet. The roads to the east and south, and the development to the north have already altered the natural drainage patterns and hence hydro-period of the on-site wetlands. The proposed project will not adversely affect hydrological regime to an additional extent. Hydro-period will be maintained by run-off water collected in the lakes and detained for water quality purposes. The pre-treated stormwater pass into wetland areas and into the existing local drainage pattern. OCT 2 8 2003 Upland NICAEA ACADEMY Environmental Impact Statement November 1999 Indicate the proposed percent of the defined wetlands t~ be impacted and the effects of proposed impacts on the functions of the wetland areas. Jurisdictional wetlands comprise 79% (94.04 acres) of the total 119.47 project acres. 21.80 acres or 23% of the on-site wetlands will be impacted and lost through the proposed development of the property' The remaining 77% will be enhanced through removal of the exotic vegetation (mainly Melaleuca). The hydroperiod will be maintained by an on-site control elevation that is slightly higher than the obse/'ved seasonal high water indicators within the wetland. Wetland hydrology and wildlife values shouM be improved by these efforts. Indicate how the project design minimizes impacts on the wetlands. The project has been designed to avoid wetland impacts wherever possible. The impacts proposed are unavoidable due to the nature of the development and the distribution of the wetlands across the project site. The project has been laid out along one side of the property to take advantage of the upland areas and to connect those areas with the least amount of wetland impacts. Tv? remaining wetlands are contiguous and will be protected from the ~,elopment by a structural buffer (berm or hedge). The preserved wetlands will also be protected from future development by placing them under a conservation easement with the South Florida Water Management District. Indicate bow the project design shall compensate for the wetland impac~ pursuant to the Collier County Growth Management Plan. The existing non-impacted wetlands will be preserved and enhanced through the removal of any exotic or nuisance vegetation (as defined by the ~7orida Exotic Pest Plant Council). Hydrology of the wetland will be maintained and the connection of this wetland to the existing off-site drainage system will not b~ affected. The preserved on-site wetlands will be placed under a conservation easement with the South Florida Water Management District. A mitigation and monitoring plan for the preserved wetlands will be developed in coordination with District staff during the Environmental Resource Permit application process. utilization of wildlife and species of special status. Number of acres of uplands by vegetative typ% vegetative composifion~ vegetation abundance~ and their upland functions. The upland vegetative communities include 20.81 acres of pine flatwoods (411), and 4.62 acres of palmetto prairie (321). The following list is a brief summary of the major flora within each upland plant corr ~nun.)~GElqOA OCT 2 8 2003 NICAEA ACADEMY Environmental Impact Statement November ! 999 Common Name 41 I - Pine Flatwoods Scientific Name Stratum Abundance Slash pine Melaleuca Wax Myrtle Brazilian Pepper Saw Palmetto Winged Sumac Rusty Lyonh Wire Grass Bracken Fern Caesar Weed Rabbit Tobacco Muscadine Grape Greenbriar Pinus ellionii Melaleuca quinquinervia Myrica cerifera Schinu~ terebinthifoliua Serenoa repens Rhus copelina Lyonia ferruginea Aristida stricta Meridium aquilinum Urena lobata Pterocaulon pycnostachyum Vitis rotundifolia Smilax spp. C C M M M M M G G G G V V Dominant Occasional Corm'non Occasional Dominant Common Common Common Common Common Common Common Common 321 - Palmetto Prairie Slash pine Saw PaLmetto Rusty Lyonia Gallberry Muscadine Grape Greenbdar Pinus ehionii Serenoa repens £yonia ferruginea Ilex glabra Vitis rotund(folia Smilax spp. C M M M V V Occasional Dominant Common Common Common Common No listed plant species were observed. C = Canopy M = Mid. stow G = Groundcover V = Vine Indicate proposed percent of defined uplands to be impacted and the effects of proposed impacts on the functions of upland areas. Non-jurisdictional areas total 25.43 acres out ora total 119.47 project acres. Approximately 88% (22.40 acres) of the project site uplands will be directly impacted by the construction activities. Two upland communities in the center of the property will be preserved as support for the surrounding wetland preserve. These areas will remain viable for wildlife utilization. 9 IAGENOA l0CT282003 NICAEA ACADEMY Environmental Impact Statement November ! 999 c. Indicate how the project design minimizes impacts on uplands. Native vegetation will be utilized in the landscaping scheme whenever possible. Upland areas will be preserved and enhanced within the proposed preserve. Provide a plant and animal specie~ survey to include at a minimums species ofspecial status that are known to inhabit biological communities similar to those existing on site and conducted in accordance with the guidelines of the Florida Game and Fresh Water Fish Commission. A threatened and endangered species survey was conducted according to ?7orida Game and Freshwater F~tsh Commission guidelines. The survey was conducted over a 20 day periodfrom September 14'h to October 4~ of 1999. Please reference the attached report for the results of the survey. The following is a short list of state-listed species that are known to inhabit similar communities. Common Name Gopher Tortoise Gopher Frog Indigo Snake White Ibis Wood Stork Red-cockaded Woodpecker Florida Panther Fox Squirrel Flor/da Black Bear Scientific Name Habitat Status t-h-e Gopherus polyphemus 411 + 321 Rana capito 411 + 321 Drymarchon corals couperi 411 + 321 Eudocimus albus 621 Mycteria americana 621 Picoides borealis 411 Fells concolor coryi 411,621,321 $ciurus niger 411 Ursus americanus floridantts 41 1,621,321 SSC SSC T SSC E T T SSC T Please see the vegetation lists provided under sections 3.8.5.4.1.4a and 3.8.5.4.1.Sa for any listed plant species observed on the site. eo Indicate how the proiect design minimizes impacts on species ofspeciai status. Foraging activity will still be possible because of the preserved and enhanced uplana and wetland areas proposed. Protected wading birds will still have access to forage area created along the lake banks. Clearing out the exotics will open up areas and provide forage as well as nesting habitat for a variety of animals. 10 AGENOA ITE~ OCT 2 8 2003 NICAEA ACADEMY Environmental Impact Statement November 1999 6. Marine and estuarine resources. Not 'applicable.. 7. Noise. ao Describe chan~es in decibels and duration of noise generated durtnlz and after the project (both day and night) that will exceed Collier CourtW renlula fions; Noise generated by the construction equipment is not expected to exceed Collier County limits. Steps that will be taken to reduce noise levels during and after, the project; and No noise will be generated by the project either during or subsequent to construction, that will exceed County, State, or Federal regulations. Noise from construction will be typical of that generated by clearing and excavation activities, and will be limited to normal working hours. project compliance with Federal Aid Highway Program Manual 7-3-3. Not applicable. 3.8.5.4.2 Public Facilities and Services 1. Wastewater Management Describe existing treatment facilities as to capacity, percent capacity being used~ type of treatment and degree of treatment. Wastewater generated by the project will be directed to the North County Regional Wastewater Plant. The Plant has a maximum capacity of 8 mgd and is currently operating at about 6 mgd. The plant provides primary and secondary treatment. bo If applicable, describe similar features of proposed new treatment facilities. ~Vot applicable. I1 AC~NOA ITEM_ tx OCT 2 8 2003 e NICAEA ACADEMY Environmental Impact Statement November 1999 c. Describe the character and fate of both liquid and solid effluent. Effluent will be collected via underground pipes and tied into the existing facilities that run along CR_ 951. The eff~uent will be handled by the North County Regional Wastewater Plant. Water Supp]~, Estimate of average daily potable and non-potable water demands by the proiect. A detailed site plan has not yet been developed so the exact size and nature of the facilities has not been determined. ~s such, an accurate estimate of water u~e cannot be made at this time. Estimated use for a facility of this size and nature could be around 60,000 gals/day. Irrigation water wilt be drawn from the non-potable supply but this amount has not yet been quantified. b. Source of the raw water supply. Potable water for the project will be drawn from that runs along C.I( 951. county water system Analysis of on-site treatment systems relative to State and County standards. No on-site treatment systems are anticipated however, if needed, any on-site treatment will adhere to all applicable State and County Standards. Solid Wastes. a. Estimate ofaverage daily volume of solid wastes. According to project engineers, the estimated solid waste production from a school with living facilities would be approximately 1.0 ton/day for the project. b. Proposed method of disposal of solid wastes. Solid wastes will be disposed of at the Collier County Land Fill. c. Any plans for recycling or resource recovery. Collection of paper, aluminum can~ and glass will be available to residents. A paper collection and recycling program will be encoura :~c; u, l.~o~k.M.r,, OCT 2 8 2003 NICAEA ACADEMY Environmental Impact Statement November 1999 Recreation and open spaces. a." Acreage and facilities demand resultinR from the new uae. The facility is not intended to draw new resMents to the area but instead to provide a school and assisted living facility to existing residents. ,4s such, it is not expected to place any new demands on County recreational facilities. The access roads to the project (C.'R. 951 and S. R. 856) are both slated for improvements that will adequately handle the traffic associated with the facility. Proposed sports facilities will add to the available recreational area in the region. Amount of public park/recreation land donated by the developer. None is planned.however the school may make the sports fields available to the public when not in use. Management plans for any open water areas of one-half acre or more within the proiect. The lakes developed within the project will be constructed in accordance with County and South k-7orida Water Management District criteria. Lake management requirements will include periodic removal of excess vegetation within and around the lake on an as needed basis. Common area and lake management will be the responsibility of the facility. Easements for water management areas will be dedicated to the County or the South FIorida Water Management District. Plans for recreational development by the developer on dedicated lands. The school may make the sports fields available to the public when not in u~e. Amount of public recreation lands removed from inventory by the new use,: None. Development and/or blockage of access to public beaches and waters. None. 13 AGENOA ITEM OCT 2 8 2003 NICAEA ACADEM~ Environmental Impact Statement November 1999 Aesthetic and Cultural Factors. Provide documentation from the Florida-Master Site Filen Florida Department of State and any printed historic archaeological surveys that have been conducted on the proiect area: The Florida Master Site File has been contacted. No archaeological sites are located on the project site. Please see the attached response. be Locate any known historic or archaeological sites and the relationship to the proposed project desiR~ No historic or archaeological sites are located on the project site. Demonstrate how the project design preserves the historic/archaeological integriW of the site. Not applicable. de Indicate any natural scenic features that might be modified by the oroiect design and explain what actions shall be utilized to preserve aesthetic values. Designated preserves wilt be cleared of any nuisance or exotic vegetation, improving aesthetic value of natural areas. At a later date a nature trail could be created to provide access and educational information about the native vegetative communities. e. Provide the basic architectural and landscaping designs. Architectural and landscape designs will be submitted during the review process to Collier County Project Review Services. MonitorinK. a. Describe the design and procedures of any proposed monitoring during and after site preparation and development. The South Florida Water Management District may require a wetland monitoring and maintenance plan .for the proposed wetland enhancement activities. The Dixtrict. during the ERP application process, will assist in /he formulation of/his plan. 14 AG£NOA ITEM OCT 2 8 2003 NICAEA ACADEMY Environmental Impact S~atemeut November 1999 Section 3.8.6 SPECIFICS TO ADDRESS 3.8.6.1 General: The statement should specifically address the following: 3.8.6.1.I& 3.8.6.12 Indicate how the proposed project has incorporated the uatural~ aesthetic and cultural resources ~ud other environmental considerations in the pLanning, and des'_m~ of the proposed project, and list the environmental impact(s) of the proposed action and the reason(s) that the impact(s) are unavoidable and that the impact(s) represent th~ minimum impacts possible to the environmental quality, of the site and/or the surroundino area~ which might be affected by the proposed use. The subject site was surveyed for the extent of on site wetlands. While approximately 79°/$ . of the site was determined to be jurisdictional, the development was designed to minimize impacts to these wetlands. Development is concentrated on the uplands and onb, impacts the wetlands where needed to provide support or ancillary activities to the upland development. No listed species were found to be resident on the property. The development will not alter the suitability of the site for foraging or rrar~sient passage of most wildlife species any more than the existing roadways east and south of the project already do. This site was chosen for dc-velopment in an attempt to minimize impacts in all environmental categories. 3.&6.1.3 Provide substantiated alternatives to the proposed proiect so that reasons for the choice of a course of action are cleaG not arbitrary or capricious. Since the project design minimizes environmental impacts and because of the proximity to existing roads and utility services, no off-site impacts will be necessitated to improve access or services to the site. 3.8.6.1.4 Immediate short-term and long-term impacts to the environment. Short-term impacts will include the clearing, excavation and filling phases of the project and the impacts associated with the removal of the exotic vegetation from the entire site. Lorg-, 'mpacts will include; loss of natural wetland and upland areas, a slight increase in traffic and utility demands made by the project, and the loss of recharge area to impermeable surfaces such as roads and parking areas. The roadways and utili(y services of the surrounding area are all either under improvement or slated for improvement according to the Capital improvement element of the County Growth Management Plan. For these reasons, the project will not place any undue demands on these facilities. Long-term positive impacts will include: the revitalization of a native community by removal of exotic vegetation and increased, dedicated forage habitat for wildlife through the preservation and enhancement of the wetland. Other positive features of the project include providing educational facilities for students, an assisted living facility for aging residents of the communi.ty, and recreational facilities for the local area. 15 ~to. ~ I OEl 2 8 2003 3.8.6.1.5 NICAEA ACADEMY Environmental Impact Statement November ! 999 _Any irreversible and irretrievable commitments of natural resources which would be involved if the proposed action should be implemented. The existing vegetation wiI! be cleared in the permitted areas to accommodate the permitted uses and structures. The development plan will provide for the enhancement of on-site wetlands and the perpetual preservation of this we/land in a viable, exotic-free state. 16 IPROJECT I PROdECT SFFE STATE OF FLORIDA NAPLES~ ISLE NN OF CAPRI COLLIER / COUNTY LOCATION MAP Ar TAMPA NAPLES KEY WEST AGEINI)A I~ OCl 2 8 2003 NICAEA ACADEM¥ CENEP~AL LOCATION MAP 121 M M t~ (2) Holopaw Fine Sand, Limestone Substratum- This nearly level, poorly drained soil is in sloughs and broad poorly defined drainageways. Individual areas are elongated and irregular in shape and range from 20 to 300 acres. The slope is 0 to 2 percent. Typically, the surface layer is dark gray fine sand about inches thick. The substratum layer is fine sand to a depth of~.~,~~ about 52 inches; the upper part is light gray and the lower partis light brownish gray. The subsoil extends to adepth' of~~. about 62 inches; the upper part is dark grayish brown fine san~'!~~ and the lower part is dark grayish brown fine sandy loam. Limestone bedrock is at a depth of about 62 inches. '. this soil, Holopaw and ili~3-~~J'~~ In 95 percent of the areas mapped as .... ~-~'~ similar soils make up 78 to 97 percent of the map unit. The Characteristics °f Malabar' Pineda and'Riviera s°ils wi6h '~'~~~~~.~ limestone Substratums are similar. ~.~:~ Soils of dissimilar characteristics included in this unit small areas of Basinger, Boca and Chobee soils on similar .~-~.~ landscape positions. These soils make up about 3 to 22 percent of the unit The permeability o~ this soil is moderately slow. The available water c~ acity isa~ow. In most years, under'natural conditions, the seasonal high water table is within 12 inches of the surface for 3 to 6 months. In other months, the water table is below 12 inches and recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall, the soil is covered by shallow slowly moving water for periods of about 7 ?. to 30 days. Natural vegetation consists of scattered south Florida slash ~. pine, cypress, cabbage palm, sawpalmetto, waxmyrtle, sandcordgrass, chalky bluestem and gulf muhly. ~;'This soil is poorly suited to cultivated crops because of wetness and droughtiness. With good water-control measures and soil improving measures, the soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove '~-excess water in wet seasons and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the ~ rows. Fertilizer and lime should be added according to the needof the crops. With proper water control, the soil is moderately suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage and elevat~o t~ENOAjEM~ trees above the seasonal high water table. A good gra~s cover ~ '~ crop between the trees helps to protect the soil from klo~ng ~when the trees are younger. 0C~ ~8 With good'water control management, this soil is well suited to .. ~-..~ pasture. A water control system is needed to remove excess water during the wet season. It is well suited to pangolagrass, ' bahiagrass and clover. Excellent pastures of grass or grass- clover mixtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. .. . . ' ' - .... .. - -' · ~i--'.~. 7,.-/ This so.~l is well suited for desirable .range plant prodU~on.:.::.?~:?! The dominant forage consists of blue ma~dencan~ · ~-~,-- ~,_ -.-.:":.::': and blue4oint -~-= ....... -, , ~ .~ m~xuum. ~anagemen= practices shOul~ ~]A'2~" ~':?' exerreo grazing..:, This Holopaw soil is 1n the Slough range This soil has severe-limita-~-- = ........ . :~-' .... the nigh wa=er taDle. To overc~-~ ~ ~--:~-~:-- -nTr~-.~.~- es and septic tank abso~txon-f-~'~ ~-.,~= =:.'.- ........ ~-~-.~-_~. soal also '~as severe l~m~tati o +,_. _~,~__~_, ..... . .~.~.~ ..... ...~:.1_:~~%.~ because of wetness an~ s=~,, ~-~ ......... ,ei..opment:~:~~: wetness can be c ~_~= ~ ....... - _ . soc~ated.~:w~th~~ ~alnage outlets to control the ~-~ ............ ·--"~- -';~ uexuure limitation can De overcome b,- addin-- suit-=-- = ". "'~::-':. ~. by resurzacing the area. ~.....-..:3~.~:- This Holopaw soil is in cap~ility s~class IVw. AGENOA II'Eg~_ OCT 2 8 2003 (10) Oldsmar Fine Sand, Limestone Substratum- poorly drained soil is on the flatwoods. Individual areas are elongated and irregular in shape and range from 10 to 300 acres. The slope is 0 to 2 percent. This nearly level Typically, the surf_ace layer is dark grayish brown fine Sand about 4 inches thick.. The subsurface layer is fine sand to a depth of about 35-inches; the upper part is light gray and the lower part is light brownish gray. The subsoil ~s to a depth about 60 inches; the upper part is black fine sand, the part is very dark grayish brown fine sand, and the lower dark grayish brown fine sandy loam. Limestone bedrock is at ~'- depth of about 60 inches. In 95 percent of areas mapped as this soil, Oldsmar and soils make up 85 to 100 percent of the map unit. The characteristics of Immokalee and Wabasso soils are Soils of dissimilar characteristics included in this unit small areas of Malabar, Pineda and Riviera soils on slough landscape positions. These soils make up about 0 to 15 perCenti~;i:~ of the map unit. ' The permeability of this soil is slow. The available water capacity is low. In most years .... under natural conditions, the seasonal high water t ,le is between 6 to 1'8 inches of the surface for 1 to 6 monuhs. In other months the water table is below 18 inches and recedes to a depth of more than· 40 inches during extended dry periods. Rarely is it above the surface. Natural vegetation consists mostly of cabbage palm, south Florida slash pine, sawpalmetto, wax myrtle and chalky bluestem. This soil is poorly suited to cultivated crops because of wetness and droughtiness. The number of adapted crops is limited unless very intensive management practices are followed. With good water control ~nd soil improving measures, the soil can be made suitable for many fruit and vegetable crops. ~ water control system is needed to remove excess water in wet seasons and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the soil is well suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage and elevates the trees above the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing when the trees are young. With good water control management, this soil is well s pasture. A water control system is needed to remove e~ during the wet season. It is well suited to pangolagrs Be, OCI 2 8 2003 bahiagrass and clover. Excellent pastures of grass or ~rass- clover mixtures can be grown with good management. Regular applications of fertilizer and controlled grazing are needed for This soil is moderately .suited for desirable range plant~- Th~s so~l has severe l~m~tat~o~ for ~st urb~ uses ~ seasonal high water .t,~le.~. For recreatio~ai ~ainage' to remove ':~xcess - surface ~a[er; AGENDA ITEI~ OCT 2 8 2003 (16) Old,mar Fine Sand- This nearly level, poorly drained soil - is on the flatwoods. Areas are elongated and irregular in shape and range from 20 to 450 acres. The slope is 0 to 2 percent. Typically, the surface layer is dark grayish brown fine sand about 4 inches thick. The subsurface layer is fine sand to a - depths of about 35 inches; the upper part is light gray. and t. he lower part is light brownish gray. The subsoil is to a depth..~f~~ about 80 inches; the upper part is black fine sand, the part i~ very dark grayish brown fine sand and the lower part dark grayish brown fine loam. ...v-3~%: soils make up 80 to: 100 percent of the map unit. The characteristics, of Immokalee soils are similar.. .- . .'~-[~' '":":~[~'~~ c .rac er . c, a=e smal~ areas of Malabar and Pineda soils in slo%/gh landscape positions. These soils make up to 20 percent or less of the The permeability of this soil is slow to very s±ow. 'me · available water capacity is iow. Natural fertil~ty is low. In. most years, under natural conditions, the seasonal high water table is between 6 to 18 inches of the ~-~rface for 1 to 6 months.:... In other months, the water table is bel ; 18 'i~ch~s and recedes to a depth of more than 40 inches during extended dr%; periods. Rarely is it above the surface. Natural vegetation consists ..... mostly of south Florida slash pine, cabbage palm, saw palmetto, waxmyrtle, chalky bluestem and pineland threeawn. This soil is poorly suited to cultivated crop~ because of wetness - and droughtiness. The number of adapted crops is limited unless very intensive management practices are followed. With good water control and soil improving measures, th~ soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove excess water in we~ seasons and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper control, the soil is well suited =o citrus. Water control-systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to plantimg provides good surface and internal drainage and elevates tb~ trees above the seasonal high water table. A good grass cov~r crop between the '- trees helps to protect the soil from blowing ~hen the trees are young. With good water control management, this soil is well suite~ ~o pasture. A water control system is needed to remove during the wet season. It is well suited to ~angolagr~ ss,~.__.~ bahiagrass and clover. Excellent pastures o~ grass or ~rass- OCT 2. 8 2003 cloVer m/xtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed highest yields. for This soil is moderately suited for desirable range plant production. The dominant forage is creeping bluestem, lopsided · - -- ' ~.. ' .' · ' ~ ~is so~l has several li-~--- ~---' ~ - ' ' wetness If the soil .... _~ ,, ~,e,~.~ause . - is used as sentmc t~ =~--~'~ mt should ~ molded to mai-*~- ~ ...... ~C~A.om.~ - . _ ~- ~-~ ~y~c.em weal ~ve."t seasonal hz h water, t~ · · :... ~ ......... ~ .... ~e. For recreatzonal uses.:'¥:t ~alnage to remove excel- .... ~ ............. - .- . . · ~, -- ---~u: wAuer ~urln wet,.'" of these l~mxtatxons-can. . .~ ...... . ....... . .9 ......... ~ overcome ..... . ..... ..... . · · ...... 'l~is ui~smar soil is in ca~:~: ...... _) A good gras ~ Cc~J~DAITE~ Low .g crop between the trees helps to protect the sxDil from b when the trees are younger. OCT 2. 8 2gO: (18) Riviera Fhe Sud, Limestone Substratum- This nearly level, poorly drainage soil is in sloughs and broad poorly defined drainageways. Individual areas are elongated and irregular in shape, and range from 25 to 500 acres. The slope is 0 to 2 percent. Typically,-the surface layer is gray fine sand about 6 inches thick. The subsurfaca layer is fine sand to a d~pth of .... ~.~ inches; the upper part is light brownish gray and the lower part.. is light gray. The subsoil is sandy clay loam to a depth of about 54 inches; the upper part is grayish brown and the lower ... part is dark gray. Limestone bedrock is at a depth of about 54 In 95 ercent of areas mapped as this soil, Riviera and similar P . '.~ ~.~. so~ls make up 80 to 96 percent of the map unit. The . -..-.~.:.~?~.~j~ characteristics of Pineda, limestone substratum are s~mllar :.:.~'~. soils of dissimilar characteristics included in this unit are .~.-u:~:.':~'..~i~=-- small areas of Boca, Copeland and Holopaw soils on similar landscape positions. These soils make up about 4 to 20 percent'~ of the unit. ..--... · The permeability of this soil is moderate to moderately rapid. The available water capacity is low. In most years, under natural conditions, the seasonal high water table is w~thin 12 inches of the surface for 3 to 6 months. In other months, the water table is below 12 inches and recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall, the soil is covered by shallow slowly moving water for periods of about 7 to 30 days. Natural vegetation consists of scatted south Florida slash pine, cypress, cabbage palm, waxmyrtle, sandcordgrass, Gulf muhly, blue maidencane, south Florida bluestem and chalky bluestem. This soil is poorly suited to cultivated crops because of wetness and droughtiness. With good water-control measures and soil improving measures, 'the soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove excess water in wet seasons and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the soil is moderately suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal 'drainage and elevates the trees above the seasonal high water table. With. good water control management, this soil'is well suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited to pangolagrass, bahiagrass and clover. Excellent pastures of grass or grass- clover mixtures can be grown with good management. Regular applications of fertilizer and controlled grazing are needed for highest yields. This soil is well suited for desirable range plant production. The dominant forage consists of blue maidencane, chalky bluestem and bluejoint panicum, south Florida bluestem, gulf dune paspalum. Management practices should include deferred grazlng.-'~ This Riviera soil is in the Slough range site. This soil has severe.limitations for most urban uses because of the high water tab%e. To overcome this limitation bu~ .... '-.- ....... .~;:..i si~s ~and ~eptic tank .absorption fields should be ~06n~"~'~'~::i'~':~ ~71~ also_nas_severe ~xmltatlons for recreational develOpment mecause o~ we=ness and s ' · ...... · andy texture. Problems assocsated wetness can be corrected by providing adequate drainage and drainage outlets to control the h/gh water table. The sandy texture limitations ca~ be overcome by adding suitable topsoil-~r- by resurfacing the area. This Riviera soil is in capability subclass 111w. AGENDA ITEM OCT 2 8 2003 September 2 I, 1999 FLORIDA DI~ARTMENT OF STATE DIVISK~ OF ~ RESOURCES Mr. Tim HaH Turrcll & ~iates, lac. 3584 Exchange Avenue, Suite B Naples, Florida 341 O4 (Fax) 941-643-6632 In interpreting the results of our ~ please reme~nber the following points: Area~ which have hca been compl~b, ~ ~ ~ y~ ~y ~ ~~ a~h~l~i~ si~ ~~ h~~ ~t ~s, or ~. As y~ ~y ~, m~ ~ f~ 1~ ~ ~ ~~! ~i~ ~ ~ ~ R~d s~ by ~e ~of~ ~a M~ Si~ File do not ~i~e ~ a ~w of ~{~l ~~. If~~ falb ~ ~ h~ ~ sh~d ~ ~ ~p~'Rev~' ~i~ ~ B~u of~c P~~n at g5~487-2333 or ~ ~ ~s~. Hi~odcal Data Analyst, Ylori~ Master Site File Division of Historical Resourtes R. A. Gr~ Buikling 500 South Brvnough Stre~ TaIlaha.-.see, Florida 3239%0250 State SunCom: 277-2299 Fax line: 850-921-0372 Em~.ii: f~file~,,maH, dos. stcae.fl.u~ W~b: D IREC'I'ORn30p'FrIC~ R.A Gray Building - ~u~B~~ - T~~3~ · ~~1~ ~: (~ ~ · ~ A~ ~4~.~~ OCT 2 8 200 ........... ', '.~. :' NICAEA ACADEMY ) SEC 26, TWP 48S,'RNG 26E COLLIER COUNTY, FLORIDA ':. ~..~-. .- .~ ~,- ..... ,'¥ ~ ~. - ~ .... THRE3~T~~'AND ENDANGERED' SPECI~S SURVEY November 1999 PREPARED BY: TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 OCT 2 8 2003 AGENOA I~ OCT 2 8 2003 ORDINANCE NO, 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-I02, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COIV[PREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8626S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NICAEA ACADEMY PUD, FOR PROPERTY LOCATED EAST OF COLLIER BOULEVARD (C.R. 951) APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 119 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000-52, THE FORMER NICAEA ACADEMY PUD, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William Hoover, AICP, of Hoover Planning and Development, Inc., representing Barton and Wendy McIntyre, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed fi.om "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8626S, as desc: ':ed in Ordinance Number 91-102, the Collier County Land Development Code, are hereby an~nded accordingly. SECTION TWO: Ordinance Number 2000-52, known as the Nicaea Academy PUD, adopted on August 14, 2000 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become eftective upon filing with the Department of State. OCT 2 8 2003 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Flor/da, this__ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Matjorie M. Student Assistant County Attorney BY: TOM HENNING, CHAIRMAN 5'. A~NOA ITEM~ OCT 2 8 2003 NICAEA ACADEMY PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: BARTON AND WENDY MCINTYRE 2200 Santa Barbara Boulevard NAPLES, FLORIDA 34116 and JOSEPH MAGDALENER 540 INLET DRIVE MARCO ISLAND, FLORIDA 34145 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 and JEFFREY L. DAVIDSON, P.E. DAVIDSON ENGINEERING, INC. 2154 TRADE CENTER WAY, SUITE 3 NAPLES, FLORIDA 34109 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" January 87 2003 May 6~ 2003 OCT 2 8 2003 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION Ill RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS PAGE ii iii 1 3 5 8 12 13 OCT 2 8 2003 EXHIBIT "A" EXHIBIT "B" LIST OF EXHIBITS PUD MASTER PLAN PUD CONCEPTUAL UTILITY/WATER MANAGEMENT PLAN II1 OCT 2 8 2003 STATEMENT OF COMPLIANCE The development of approximately 119_+ acres of property in Collier County, as a Planned Unit Development to be known as the Nicaea Academy PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Nicaea Academy PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. o Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict, on the Future Land Use Map. The westerly side of the project has 40.7 acres of the project located within the Residential Density Band around the Immokalee Road/Collier Boulevard Activity Center and the remaining 78.3 acres of the project are outside this Residential Density Band. The 580 proposed units and resultant density of 4.87 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: 40.7 Acres for an Urban Proiect Inside a Residential Density Band Base Density 4 dwelling units/acre Residential Density Band +3 dwellinq units/acre Maximum Permitted Density 7 dwelling units/acre 78.3 Acres for an Urban Project Outside a Residential Density Band Base Density 4 dwellinq units/acre Maximum Permitted Density 4 dwelling units/acre OCT 2 ~ 2008 Maximum permitted units -- 40.7 acres x 7 dwelling units/acre - 285 units plus maximum permitted units = 78.3 acres x 4 dwelling units/acre - 313 units for a total maximum number of 598 dwelling units at a maximum density of 5.03 dwelling units/acre. Requested dwelling units - 580. Requested density -- 4.87 dwelling units/acre. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. AG£NOA ITEM OCT 2 8 2003 Pg._ ?.o~ 1.1 1.2 1.3 1.4 1.5 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Nicaea Academy PUD. LEGAL DESCRIPTION The subject property being 119+ acres is fully described as the South Y2 of the South 1/2 of the South Y2 less the west 100 feet thereof; and the South Y2 of the North Y2 of the South 1/2 of the South Y2 less the west 100 feet thereof; all in Section 26, Township 48 South, Range 26 East, Collier County, Florida. PROPERTY OWNERSHIP The subject property is owned by Barton and Wendy Mclntyre, 2200 Santa Barbara Boulevard, Naples, Florida 34116. The westerly 8 acres of the subject properly is under purchase contract by Joseph Magdalener, 540 Inlet Drive, Marco Island, Florida 34145 and the easterly 111 acres of the subject property is under purchase contract by Jacob Nagar, P.O. Box 12228, Naples, Florida 34101. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the eastern side of Collier Boulevard just south of the Crystal Lake PUD (unincorporated Collier County), Florida. The entire project site currently has PUD Zoning and is proposed to be rezoned to PUD. PHYSICAL DESCRIPTION The project site is primarily located within the Cocohatchee Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the Collier Boulevard Canal located along the western property boundary. Natural ground elevation varies from 10.0' NGVD within the onsite wetland areas to 13.0 feet NGVD in the uplands. The average elevation being approximately I 3 OCT 2 8 2003 1.6 1.7 12.2 feet NGVD. The entire site is located within FEMA Flood Zone "X" with the base flood elevation undetermined. The water management system of the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake/natural vegetation areas prior to discharge. The water management system will be permitted by South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #18-Riveria Fine Sand, limestone substratum, and areas of #16-OIdsmar Fine Sand and #10-Oldsmar Fine Sand, limestone substratum. The site vegetation consists primarily of slash pine, cabbage palm, and cypress trees with upland areas of slash pine and saw palmetto. PROJECT DESCRIPTION The Nicaea Academy PUD is a project proposed for a maximum of 580 residential units. Recreational facilities and other facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as the "Nicaea Academy Planned Unit Development Ordinance". ACtA ITE]~ ~ OCT 2 8 2003 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Ao Regulations for development of the Nicaea Academy PUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate, which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of the Nicaea Academy PUD shall become part of the regulations, which govern the manner in which the PUD may be developed. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County Land Development Code. AGENDA ITEM OCT 2 8 2003 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES 2.4 2.5 2.6 A maximum of 580 dwelling units shall be constructed in the residential areas of the project. The gross project area is 119_+ acres. The gross project density shall be a maximum of 4.87 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Ao The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the requirements of Section 2.6.33.3 of the Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Ao Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10 percent of the total volume excavated but not to exceed 20,000 cubic yards. 6 [ AGENDA ITEM OCT 2 8 2003 All other provisions of Division 3.5, Excavation, of the Land Development Code shall apply. OCT 2 8 2003 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 580 units. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings and duplexes. 3. Multi-family dwellings (includes townhouses and garden apartments). 4. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD as determined by the Board of Zoning .Appeals. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. Manager's residences and offices, and model units. Gatehouse. 8 A~NDA ITEM~ . OCT 2 8 2003 o Essential services, including interim and permanent utility and maintenance facilities. o Water management facilities. Such facilities may be incorporated within the Native Habitat Areas upon receipt of all agency permits and only if the clearing for such facilities does not cause the native vegetation acreage to go below 71.15 acres. Recreational facilities such as boardwalks, walking paths and picnic areas, within any Natural Habitat Area. Such facilities may be incorporated with the Native Habitat Areas upon receipt of all agency permits and only if the clearing for such facilities does not cause the native vegetation acreage to go below 71.15 acres. o Supplemental landscape planting within Natural Habitat Areas, after the appropriate environmental review. o Any other use, which is comparable in nature with the foregoing uses, consistent with the accessory uses of this PUD as determined by the Board of Zoning Appeals. 3.4 DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the Nicaea Academy PUD. Front yard setbacks in Table I shall be measured as follows: If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If'the parcel is served by a platted private drive, the setback is measured from the road easement or property line. o Carports are permitted within parking areas and garages are permitted at the edge of vehicular pavements in multi-family projects. OCT 2 8 2003 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit). Minimum Lot Width Front Yard Setback Side Yard Setback I Story 2 Story 3 Story Accessory Structure Rear Yard Setback Principal Structure Accessory Structure PUD Boundary Setback Principal Structure Accessory Structure Lake Setback (4) Upland Native Habitat Setback SINGLE-FAMILY 7,OOO Sq. Ft. 60' Interior Lots (1) 70' Corner Lots 23' 0' & 12' or both 6' 0' & 15' or both 7.5' Not Applicable 6' TWO-FAMILY MULTI-FAMILY 5,000 Sq. Ft. NA 90' Interior Lots (1) NA (45')(2) 110' Corner Lots NA (55')(2) 23' 15' 0' & 12' or both 6' 7.5' O' & 15' or both 7.5' 10' Not Applicable 12.5' 6' 6' 20' 20' 20' 10' 10' 10' 20' 20' 20' (3) 20' 20' 10' 20' 20' 20' Principal Structure 25' Accessory Structure 10' Wetland Preserve Area Setback 25' Distance Between Structures Main/Principal 1 -Story 2-Story 3-Story Accessory Structures Maximum Height: Principal Building 25' 25' 10' 10' 25' 25' Accessory Building Minimum Floor Area 12' 12' 15' 15' 15' 2O' Not Applicable Not Applicable 25' 12' 12' 12' 2 stories with a 2 stories with a 3 stories with a maximum of maximum of 35' maximum of 35' 45' 20' (Clubhouse 35') 20'(Clubhouse 35') 20'(Clubhouse 35') 1200Sq. Ft. 1100Sq. Ft. 1 Bedroom = 750 Sq. Ft. 2 Bedroom = 900 Sq. Ft. 3 Bedroom--1100 Sq. Ft. (1) May be reduced on cul-de-sac lots and lots on the inside part of curved streets by 25%. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) All 3-story buildings shall be set back a minimum of seventy-five (75) feet from the southern and northern PUD boundary lines. (4) Lake setbacks are measured from the control elevation established for the lake. 10 OCT 2 8 2003 B. Off-Street Parkinq and Loading Requirements: Co Fo Parking shall be as required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space/Natural Habitat Preserve Area Requirements: A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site for any residential project. A minimum of 71.15 acres of Natural Habitat Areas or Preserve Areas shall be provided on-site, including both the understory and the ground cover emphasizing the largest contiguous area possible. These Natural Habitat Areas or Preserve Areas shall consist of at least 71.15 acres of native vegetation that is retained on-site as shown on the PUD Master Plan. Landscapin.q and Bufferinq Requirements: If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. Landscaping and buffering shall be provided per Division 2.4. of the Collier County Land Development Code. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline). Signs Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. 11 : AC_..ENOA ITEM ,/~ J OCT 2 8 2003 4.1 4.2 SECTION IV PRESERVE AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Planning Services Environmental Staff review. All supplemental plantings within the Preserve Areas may be 100% indigenous native species. 6. Any other use, which is comparable in nature with the foregoing uses and consistent with the permitted uses of this PUD as determined by the Board of Zoning Appeals. 12 AGENOA ITEM OCT 2 8 2003 SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 5.4 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of final plat, final site development plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. PUD MASTER PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENT/MONITORING REPORT A site development plan shall be submitted per County regulations in effect at The project is projected to be completed in one or 13 time of site plan submittal. two phases. OCT 2 8 2003 5.5 5.6 The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Monitorinq Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. ENGINEERING Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. Bo Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code. Co The developer and its successors and assigns shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. Prior to final site development plan approval a right-of-way permit shall be obtained, if required. WATER MANAGEMENT Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review.- No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. A surface water management permit must be obtained from the South Florida Water Management District. No clearing or excavation is allowed until proper vegetation removal and excavation permits are obtained. OCT 2 8 2003 5.7 5.8 UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 01-57, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of Collier County and will be billed by the County in accordance with the County's established rates. TRAFFIC The development of this PUD shall be subject to and governed by the following stipulations: All traffic control devices and design criteria used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT), as amended, and as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. All traffic speed limit postings shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Speed Zoning Manual, as amended, and as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. Fo Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent certificate of occupancy (CO). External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first CO. Road Impact Fees shall be paid in accordance with Collier County Ordinance 01-13, as amended. Any and all points of ingress and/or egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation Staff. Collier County Transportation Staff reserves the right to modify, or close any ingress 15 AGENOA ITEM. OCT 2 8 2003 Go Ho and/or egress location(s) determined to have an adverse effect on the health, safety and welfare of the public. These include, but are not limited to: safety concerns, operational circulation issues and roadway capacity problems. Any and all median opening locations shall be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code, as amended. Median access and control will remain under Collier County Transportation Staff authority. Collier County Transportation Staff reserves the right to modify or close any median opening(s) determined to have an adverse effect on the health, safety and welfare of the public. These include, but are not limited to: safety concerns, operational circulation issues and roadway capacity problems. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. To ensure this the following shall be the minimum requirements provided: 1. Pedestrian Travel Ways: a. On local roadways, sidewalks shall be a minimum of five feet in width. b. On collector and arterial roadways, sidewalks shall be a minimum of six feet in width. 2. Bicycle Travel Ways: On local roadway bike lanes are not required. However, it is preferred that travel lanes be a minimum of twelve feet in width so as to accommodate bicyclists. bo On collector and arterial roadways in addition to the vehicular travel lanes bike lanes shall be provided and they shall be a minimum four feet in width when there is curb and gutter and five feet in width when there is no curb and gutter. 16 AGENOA ITF-~, .~ OCT 2 8 2003 Pedestrian and bicycle travel ways shall be separated from vehicular traffic areas in accordance with recognized standards and safe practices, as determined by Collier County Transportation Staff. Jo The developer(s), its successor(s) in title, or assignee(s), shall be responsible for ttie cost of any and all traffic signal(s), at any and all deYelopment entrance(s), when determined warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. Lo All work within Collier County rights-of-way shall meet the requirements of the Collier County Right-of-Way Ordinance, as amended. All internal access(es), drive aisle(s), and sidewalk(s), not located within County rights-of-way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). Joint/shared access(es) may be required by Collier County Transportation Staff, as a condition of site development plan approval. Frontage, midpoint and/or reverse frontage (backside) interconnection(s) may be required by Collier County Transportation Staff, as a condition of site development plan approval. Prior to development of any and all portion(s) of development(s), site development plan approval obtained/received from Collier County Transportation Staff. any and all shall be AGENOA rr~ OCT 2 8 2003 pg. /I,0 Oo In the event that Tree Farm Road, a private road, is used for access to the site, the road and bridge crossing of the canal shall be improved to County standards up to the project's entrance points prior to issuance of the first CO. The final access location points shall be approved at the time of site development plan submittal. At this time, the developer shall provide evidence that it can utilize Tree Farm Road for project access pending title search ownership results. If a gate is proposed at any and/or all development entrance(s) the gates shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. To ensure this result the following shall be the minimum requirements: 1. The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate(s). 2. A turn around area of sufficient width and inside turning radii shall be provided between the aforementioned key pad/phone box and the proposed gate(s). 5.9 PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a 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. If interconnections to existing and future developments are provided, the interconnection shall include sufficient right-of-way to accommodate the roadway, sidewalks, and bike lanes. Sidewalks and bike lanes shall be constructed concurrently with the roadway. Sidewalks shall connect on-site multifamily residential building(s) to a sidewalk within a public roadway or, if no sidewalk exists, to the right-of- way line in accordance with Subsection 3.2.8.3.17 of the Land Development Code. Should a two-directional shared use path be utilized, the minimum paved width shall be 10 feet. AC~_NOA ITEM./~ OCT 2 8 2003 r,g. /// 5.10 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. The developer shall comply with the guidelines and recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding impacts to protected wildlife species. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site development plan/construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. Do All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places, and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and shall be subject to review and approval by the Environmental Services Staff. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. OCT 2 8 2003 Go All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted to Environmental Services Department Staff prior to final plat/construction plan approval. This PUD shall be consistent with the Environmental portions of the Collier County Growth Management Plan, Conservation and Coastal Management Element, and the Land Development Code in effect at the time of final development order approval. 20 AOENDA r1'~r.M,~ OCT 2 8 2003 NICAEA PUD i EX~T A -OCT 2 8 ~._ //~_ 3RD RE-SUBMITTAL PUDZ-2003-AR-3607 PROJECT #2001070025 DATE: 7124/03 FRED REISCHL NICAEA PUD !.:::.:.:.:.i;:.:.!.!.!.:.i. J :::::::::::::::::::::::::::! Il ~11~ :::.:.:::.:.~:.:.:.......: 3RD RE-SUBMITTAL PUDZ-2003-AR-3607 PROJECT #2001070025 DATE: 7124103 FRED REISCHL ~i- EXECUTIVE SUMMARY APPO1NTNIENT OF MEMBER(S) TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on February 14, 2006 on the Collier County Code Enforcement Board. CONSIDERATIONS: The Collier County Code Enforcement Board had 1 resignation with the term expiring on February 14, 2006. This 7 member board, plus 2 alternate members, is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. Ms. Kathryn M. Godfi'ey resigned her position on July 22, 2003. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. IG. Christopher Ramsey Financial Advisor Raymond J. Bowie Attorney I Yes Code Enforcement Board 4 Yes None NOTE: G. Christopher Ramsey is currently serving on the Code Enforcement Board as an "Alternate" and would like to be considered for appointment as a "Regular" member. If Mr. Ramsey were appointed as a "Regular" member his term would expire on February 14, 2006. And, if Mr. Raymond J. Bowie is appointed as an "Alternate" member, his term would expire on February 14, 2004, (less than 6 months) plus an additional 3 year term expiring on February 14, 2007. COMMITTEE RECOMMENDATION: Quasi-Judicial - no recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 1 applicant as a "Regular" member and 1 applicant as an "Alternate" member, and direct the County Attorney to prepare a resolution coraCtrming the appointments. Prepared By: Sue Filsort, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 28, 2003 Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Michelle E. Arnold, Code Enforcement Director October 2, 2003 Candidates for Code Enforcement Board Vacancy The resumes for the applicants listed below were reviewed and these meet the Code Enforcement Board Ordinance No. 92-80, general classification requirements in the following categories: NAME CATEGORY G. Christopher Ramsey Financial Advisor One (Currently an alternate interested in serving as a permanent) Raymond J. Bowie Attorney Four DISTRICT If you need further assistance, please advise. MEA/slh Code Enforcement Department Community Development & Environmental Services Division Page ! of 1 fiison_s From: Chds Ramsey/HBK Financial [CRamsey@hbksorce.com] Sent: Thursday, September 25, 2003 3:15 PM To: 'suefilson@colliergov.net' Subject: regular member position Dear Ms. Filson As an alternate member of the Code Enforcement Board I understand there is a vacancy for a regular member. would like to be considered for this position. If anything is required, please advise. The best e mail is gcr'd. Ld~.)aol.com and phone 239-285-5299 Thank you G. Christopher Ramsey, JD HBK Sorce Financial 850 Park Shore Drive Suite 201 Naples, Florida 34103 941/261-1960 9/25/2003 Collier County Code Enforcement Board - North Name ~Vork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Albert Doria, Jr. 403-3940 6134 Polly Avenue 774-5211 Naples, FL 34112 District: 1 Category: ALTERNATE - Business-Insurance Ms. Roberta Dusek 963 Fountain Run Naples, FL 341 I9 District: 3 Category: Realtor Ms. Kathryn M. Godfi'ey Ce~~'~°o 530 18th Avenue, N.E. Naples, FL 34120 District: 5 Category: REGULAR - Business 02/11/03 02/14/06 3 Years 774-2428 02/10/98 member 7 months 261-1111 01/23/01 02/14/04 3 Years 348-2531 Ms. Sheri Barnett 591-2149 1160 27th Street, S.W. 455-4296 Naples, FL 34117 District: 5 Category: REGULAR - Financial Planning 774-9674 Mr. Clifford Wesley Flegal, Jr. P.O. Box 2663 Naples, FL 34106 District: 1 Category: REGULAR/Realtor 434-9230 Ms. Rhona E. Saunders 3770 Parkview Way Naples, FL 34103 District: 4 Category: Realtor/Business Wednesday, Februa~. 12, 2003 05/22/01 02/14/03 2 Years 02/11/03 02/14/06 3 Years 09/10/02 02/14/05 3 Years 06/03/97 02/14/00 8 months 01/23/01 02/14/04 3 Years 02/23/99 02/14/02 3 Years 02/12/02 02/14/05 3 Years Page I of 2 Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Gerald J. Lefebvre 659-2449 4401 Beechwood Lake Drive 775-8604 Naples, FL 34112 District: 1 Category: REGULAR - Real Estate/Zoning 04/28/02 02/14/03 I Year 02/11/03 02/14/06 3 Years Mr. George P. Ponte 565 Augusta Boulevard, Apt. 10 Naples, FL 34113 District: 1 CategoD,: Retired CBS Employee Mr. Christopher Ramsey 363 Torrey Pine Naples, FL 34113 District: 1 CategaG,: ALTERNATE ~ Attorney 02/I 8/97 793-1370 02/11/03 .~' qy.~-0oW'6 '~'~'~ ~ 04/28/02 417-0228 02/14/00 3 Years 02/14/06 3 Years 02/14/04 2 Years This 7 member board was created pursuant to Chapter 162 of the FL Stat. by Ordinance 88-89 and is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Two alternate members were approved by Ord. 96-78 on 12/3/96. ,eL STAT 162 Staff: Michelle Arnold, Code Enforcement Director:: 403-2413 Wedne$day, February 12. 2003 Page 2 of 2 MEMORANDUM DATE: TO: August 25, 2003 FROM: Elections Office SBUoearF~fl;~n~ oEuXn~C;t~ °ve MmmisaI~og~er~ 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. CODE ENFORCEMENT BOARD Raymond J. Bowie 2175 Sheepshead Drive Naples, FL 34102 COMMISSION DISTRICT Thank you for your help. MEMORANDUM DATE: TO: FROM: August 25, 2003 Michelle Arnold, Code Enforcement Director Sue Filson, Executive Manag ~ Board of County Commissioner~/' ' Collier County Code Enforcement Board As you know, we currently have a vacancy 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: Raymond J. Bowie 2175 Sheepshead Drive Naples, FL 34102 Please let me know, in writing within the 41 day time-frame, if the applicants meet the criteria to serve as members on the board, 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 Telephone: 2;59/4;55-1007 RAYMOND J. BOWIe, 2175 Sheepshead Drive Naples, FL 34102 FacsL, nile: 239/435-0021 August 19, 2003 Ms. Sue Filson Executive Manager Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Via Facsimile: 774-3602 Re: Application for Vacancy, Collier County. Code Enforcement Board Dear Ms. Filson: Enclosed please find a copy of my professional resum~ submitted in application for the advertised vacancy on the Collier County Code Enforcement Board. If you should have any questions, please feel free to contact me. Thank you for your consideration of my application. Sincerely, Raymond J. Bowie Eric. RAYMOND J. BOWIE Professional Resumd Professional Practice 1996-Present: 1980-1995: 1984-1992: Sole Practitioner, Law Offices of Raymond J. Bowie, Esq., Naples, FL Sole Practitioner, Raymond J. Bowie, Esq., Fairfax, VA Real estate and mortgage broker, Bowie & Associates, Realtors, Faiffax, VA Professional Licensure Attorney-at-Law, AdmiRed in Florida, Virginia, New York Florida Board Certified Real Estate Lawyer Florida Civil-Law (Imemational) Notary Licensed Real Estate Broker, Florida and Virginia Licensed Mortgage Broker, Florida Licensed Community Association Manager, Florida Licensed Real Estate Educator, Florida Professional Memberships & Designations Chairman, Real Estate Section, Collier County Bar Association (2000 and 2001 terms) Board of Directors, Naples Area Board of Realtors (2001 term) Realtor Member: Naples Area Board of Realtors, Florida and National Associations of Realtors Realtor Designations: Accredited Buyer Representation, Certified International Property Specialist, Certified Brokerage Manager, Certified Residential Specialist, Graduate Realtors Institute Member, The Real Estate Educators Association (REEA) Member, Environmental Assessment Association Designation: Certified Environmental Inspector Member, Housing Inspection Foundation Designation: Registered Home Inspector Member, Naples Area Chamber of Commerce Member, Florida Association of Mortgage Brokers, Southwest Florida Chapter Affiliate Member, Collier Building Indnst~ Association Professional Courses Planned, Coordinated & Instructed Real Estate Agency and Contracts Seminar: Program Coordinator and Instructor (1998-Present) Property Disclosures Seminar: Created, Planned, Coordinated & Instructed (1999-Present) Home Inspections Seminar: Planned, Coordinated & Instructed (2001 & 2002) New Homes Contracts & Fair Housing Instructor, Collier Building Induslxy Association (1999 - Presem) Professional Articles and Publications Naples Daily News: Real Estate Columnist. Author of monthly column on real estate legal topics, published in newspaper's Sunday Real Estate Section (1996-Presem) Florida Realtor Magazine: Article, "You, Me and the CDD: Community Development Districts and Municipal Tax Districts" (May, 2000) NABOR News: Regular commentary explaining sales contracts, forms and real estate practices to real estate agents and industry affiliates (1996-Present) ~-,:~*~.~,7:2~. ....... Ru§ 19 03 02:327 In?ormat~on Technolo~ 239-774-8865 2. ! Board of County. Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-3O97 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Raymond J. Bowie Home Phone: Home Address: 2175 Sheepshead Dr., Naples FL 34102 Zip Code: FaxNo.(239) 435-0021 BusinessPhone:(239) 435-1007 e-mailaddress: Real Estate Law Offices of Raymond J. Bowie, Esq.?: Business: 900 Sixth Ave. South, 0104, Naples 'FL 34102 Board or Committee Applied for: (239) 775-0010 34102 ReattyCounsel@earthlink.net Collier County Code Enforcement Board Category (if applicable): Examp~: Commissiom District, Developer. ~viromentfl~h Ity ~n. et~ Are you a reg~red voter ~ Co~er Count: Y~ ~ Do you currently hold public o~ee7 Yes No Irso, ~at is t~t o~ce? NO Do you now serve, or have ~you ever served, on a Collier County board or committee? Yes if yes, ple~e list the committees/boards: No Pleaselistyourcommunityactivities(civicclubs, neighborhoodassociatious, ete-and p~itions held: Royal Harbor Association; Collier County Republican Executive Committee Naples Area Chamber of Commerce ResUm~ attached f~r ~rofessional activities Education: B.A. in Political Science, Philosophy & Englis~ M.S. in Management; J.D. (Law) Degree Experiemce::Real Estate Broker, 1984-1992 Mortgage Broker, 1984-2992 :Attorney at Law~ Private Practice~ 1980-Present Florida Bar Board C~rtified in Real Estate Law P/ease attach an>' ttdvh'tional Information you feel pert~nen~ Board of County Commi~sioner~, 3301 East Tamlaml Trail. Napier, FL $41I~ If you w~h, ple~e f~ your applica~n ~ (940 ~2 or EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on June 26, 2004 on the Community Character/Smart Growth Advisory Committee. CONSIDERATIONS: This 12 member, plus 1 Commissioner committee was established on June 26, 2001 by Ordinance No. 2001-41 to assist staff.with the implementation of the Community Character Plan through amendments to the Collier County's Growth Management Plan, Land Development Code and other smart growth concepts. The members shall be selected from a broad base of citizens and disciplines including 2 development representatives or experts in the fields of architecture, landscape architecture, land use or transportation planning, 2 environmental representatives, 8 community leaders (civic, homeowner associations, presidents and directors with interest or expertise in the fields of architecture, landscape architecture, land use or transportation planning) or citizens. A list of the current membership is included in the backup. Mr. Thomas "Chad" Lund resigned his position on September 8, 2003. A press release was issued and resumes were received from the following 7 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. G. Russell Weyer Developer 4 Yes None Joseph D. Gammons Political Sciense/Sales 3 Yes None Celia M. Fellows Office Mgmt/Accounting 5 Yes Productivity Committee Raymond T. Amico Engineer 2 Yes None Bruce S. Preble Nuclear Science/Engineer/Real Estate 4 NO None Nace I. Cohen Accountant/General Business 3 Yes None George ^merine General Contractor 1 Yes None COMMITTEE RECOMMENDATIONi G. Russell Weyer 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 28, 2003 October 22, 2003 Ms. Sue Filson Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 SUBJECT: Community Character/Smart Growth Advisory Committee Dear Ms. Filson: At the October 22, 2003, Community Character/Smart Growth Advisory Committee meeting, the committee discussed and voted on its recommendations to the Board of County Commissioners for a new member. The committee voted to recommend that the Board of County Commissioners appoint G. Russ Weyer to fill the vacancy. The applicants are, with respective categories: 1. G. Russell Weyer 2. Joseph Gammons 3. Celia Fellows 4. Raymond Amico 5. Nace Cohen 6. George Amerine Thank you for your assistance in this matter. Developer Political Science/Sales Office Mgmt/Accounting Engineering Accountant/General Business General Contractor Sincerely, Commissioner Tom Board of County Commis~oners BCC Liaison to CCSGAC TH:mst 2003 Name Smart Growth Advisory Committee Worh Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate T~rm 2nd Term Mr. R. Bruce Anderson 1670 Crayton Road Naples, FL 34102 E-Mail: District: 4 Category: Development Representative 597-2814 09/11/01 06/26/03 2 Years 04/22/03 06/26/04 I Year Mr. Robert P. Murray 9087-1 Michael Circle 417-9915 Naples, FL 34113 E-Maih District: 1 Catego~,: Economic Development/Civic Activist Mr. Dwight Oakley 340 Carnaby Court Naples, FL 34112 E-Mail: oakleyx2~earthlink.net District: 4 Category: Architect 262-0073 262-0073 Mr. Bradley Corneii 643-7822 556 109th Avenue, North 592-7805 Naples, FL 34108 E-Mad: millercornell~mindspring.com District: 2 Category': Environmentalist Mr. James I. Lucas 2671 Citrus Lake Drive,//201 Naples, FL 34109 E-~Iaii: District: 3 Category: Community Leadership 591-8850 WedneJday, 31ay 28, 2003 01/14/03 06/26/03 04/22/03 06/26/04 05/27/03 06/26/04 05/27/03 06/26/04 6 mo 1 Year 1 Year I Year 09/11/01 06/26/03 2 Years 04/22/03 06/26/04 I Year Page 1 of 4 AGENDA ITEM ?, T 5 2'003 Smart Growth Advisory Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Mark B. Morton 2233 Clipper Way Naples, FL 34104 E-Mail: District: 4 Category: Development Representative Mr. Dwight E. Richardson 725 101 st Avenue, N. Naples, FL 34108 E~lail: District: 2 Category: Civic Activist Ms. Patricia Pochopin 4516 Parrot Avenue Naples, FL 34104 E-Maih District: 3 Category: Community Leadership Mr. Gary A. Davis 2201 Forrest Lane Naples, FL 34102 E-Maih District: 4 Category: Environmental Representative Ms. Susan W. McCampbell 1880 Crestview Way Naples, FL 34119 E-Maih District: 3 Category: Citizen/Urban Planner Wednexday, May 28, 2003 403-6725 09/11/01 06/26/03 2 Years 643-T781 04/22/03 06/26/04 1 Year 01/14/03 06/26/03 6 mos 594-5341 04/22/03 06/26/04 I Year 774-8333 09/11/01 06/26/03 2 Years 643-7580 04/22/03 06/26/04 I Year 403-4222 01/14/03 06/26/03 6 mos 261-2584 04/22/03 06/26/04 I Year 01 /14/03 06/26/03 597-5906 04/22/03 06/26/04 Page 2 of 4 6 mos I Year Name Smart Growth Advisory Committee I&~rk Phone Appt'd E-Ko. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term Mr. Thomas "Chad" Lund - eo~ 5720 Hunters Road Naples, FL 34109 E-Maih District: 3 Categoo,: Commercial Developer Mr. Gain Jones 168 Palm Drive, #2 Naples, FL 34112 E-~,$lail: District: 1 Categot3,: Transportation Planning Mr. Tom Henning 3301 E. Tamiami Trail Naples, FL 34112 E-~iail: District: 3 Categoou Commissioner 213-1600 06/01/03 06/26/04 593-0909 263-6464 06/01/03 06/26/04 775-6026 1 Year 1 Year 774-8393 09/11/01 06/26/03 2 Years 04/22/03 06/26/04 I Year V~"ednesday, ,$ta.v 2& 2003 Page 3 of 4 Smart Growth Advisory Committee tVork Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 12 member, plus 1 Commissioner committee was established on June 26, 2001 by Ordinance No. 2001-41 to assist staff with the implementation of the Community Character Plan through amendments to the Collier County's Growth Management Plan, Land Development Code and other smart growth concepts. The members shall be selected from a broad base of citizens and disciplines including 2 development representative or experts in the fields of architecture, landscape architecture, land use or transportation planning, 2 environmental representatives, 8 community leaders (civic, homeowner associations, presidents and directors with interest or expertise in the fields of architecture, landscape architecture, land use or transportation planning) or citizens. FL STAT Staff: Stan Litsinger, Comprehensive Planning Manager: 403-2408 ~ednesday, May ~8, .2OO3 Page.4 of 4 MEMORANDUM DATE: October 10, 2003 TO: FROM: Elections Office 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 il'those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. SMART GROWTH ADVISORY COMMITTEE COMMISSION DISTRICT G. Russell Weyer 707 Orchid Drive Naples, FL 34102 Joseph D. Gammons 185 Skipping Stone Lane Naples, FL 34119 Cel~a M. Fellows 1131 17th Street, S.W. Naples, FL 34117 Raymond T. Amico 540 103rd Avenue North Naples, FL 34108 Bruce S. Preble ca 4703 Lighthouse Lane Naples, FL 34112 Nace I. Cohen 287 Burnt Pine Drive Naples, FL 34119 to'! ~5"o% '~ S~M3~RT GROWTH ADVISORY COMMITTEE COMIvlISSION DIS_TI{JCT George Amerine 1347 Jamaica Road Marco Island, FL 34145 Thank you for your help. MEMORANDUM DATE: TO: FROM: October 10, 2003 Sam Tucker, Executive Aide to BCC Sue Filson, Executive Manager ,~.' Board of County Commissioner~'°' Smart Growth Advisory Committee As you know, we currently have a vacancy 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: G. Russell Weyer 707 Orchid Drive Naples, FL 34102 Joseph D. Gammons 185 Skipping Stone Lane Naples, FL 34119 Celia M. Fellows 1131 17th Street, S.W. Naples, FL 34117 Raymond T. Amico 540 103rd Avenue North Naples, FL 34108 Bruce S. Preble 4703 Lighthouse Lane Naples, FL 34112 Nace I. Cohen 287 Burnt Pine Drive Naples, FL 34119 George Amerine 1347 Jamaica Road Marco Island, FL 34145 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi-me, 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 Collier County Home I BCC I Application for Advisory Committees/Boards Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 · '.. ' 7_17' Application for Advisory Committee/Boards Name~ G. Russell Weyer Home Phone: ~213-0081 Home Address: 707 Orchid Drive Naples, FL i Zip Code: 134102 '~ax No. [596-3686 Business Phone: 596-2733 e-mail address: ~mssweyer~earthlink.ne_t ~iusiness: ~ommercial and Residential Real Estate Development Board or Committee Applied for: ~ommunity Character/Smart Growth Advisory Committee Catagory (~apt,llcat, te): Developer Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes ~. X !No I Do you currently hold public office ?lYes fso,what is that office ? iNo X have scrved, Collier County ~uo you now serve, or you ever on a board or Committee? If yes, please llst the committees/boards: positions held: Yes ~ [No ~I Assisted with the Collier County Workforce Housing FdvisoryCommittee this year. Please list community past your .iactivi~?s (civic clubs, neighboorhood associations, etc.) and ] Worked with many civic organizations on the national, state, [~.d local levels including the Urban Land Institute (ULI) in ashington, D.C., the Leadership Florida program in Tallahassee, orida, and the Collier County Education Foundation, spies/Fort Myers Town tlall Series, the Philharmonic Center for e Arts, the Forum Club of Collier County, and the Naples Area Chamber of Commerce. I'm the next Chairman of the Southwest ?lorida Urban Land Institute District Council. Education: Bachelor of Arts in Communications from Michigan State University; Masters in Business Administration from the University of Miami, Coral Gables, Florida Experience:i Over 20 years in the community real estate development business. I worked with ~e Westinghouse Communities at Pehcan Bay, Gateway, Pelican Landing and elican Marsh for 13 years. Served as President of the largest real estate ~evelopment company in northwest Ohio for three years then as Vice President of iitesort Operations at Lake Las Vegas in Henderson, Nevada. I've been back in iNaplcs for the past three years, consulting with various real estate development iCompanies including the Barton Collier Corporation. l currently hold the Vice ~resident of Development position for J.E.D. of Southwest Florida, Inc. attach any additional information you feel pertinent. Thiv application should be forwarded to Sue Filson, nager to the Board of Coun.tv Commissioners, 3301 Eat~t Tamiami Trail, Naplev, FL 34112. lf )*u wish, lication to (941)774-3602 or e-mail to sue/ilson,rdacollier~ov, net. Thank ~>u for volunteering to .verve the cit~~__ _ Page 1 10/07/2003 ~E 10:15 FAX [~002/003 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Fax No. ~,~ 7- ~/O Business Phone: Home Phone: ~'~..'7 Z~p Coae: Board or Committee Applied for: Category (if applicable): /~ ~t:Z~s -~ Example: Commission lDistrich Developer'~envl~ume~talist~ lay person, etc. Are yon a registered voter in Collier Cotmty: Yes / No Do yon currently hold public office? Yes No If so, what is that omen? e-mail address: Do you now serve, or have you ever ser~ved, on a Collier County. board or committee? Yes If yes, please lis~ the committee~lboatds: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: f!qT ~ ~ 200? Please a#ach any additional informatfon you feei pertlnenL This ~tl~t~llcan'on should be forwarded ta Sue Filson, '£_~'tectttlvt Manager to the Board of County Commissioners, $$01 East ~r~mlaml Trm?, Naples, FL 34112. If you ~1s~, please fax your apptlcatlon to 041) 774-$602 or e-mall to snctrd~o~colliergov, nef: Tha~ you for ~olunteerlng to svt~ the c~tlzens of Collier County. 10/07/2003 TUE 10:15 FAX 003/003 Joseph D. Gammons 185 Skipping Stone Lane Naples, FL 34119 Tel: 239-354-0075 EX-PERIENCE Office Furniture & Design Concepts Owner - 2003 to Present Multi-million dollar Steelcase and OFUSA office furniture dealership serving Lee, Collier, Henry, Glades and Charlotte counties. Michigan Department of State Secretary of State Terri Lynn Land Director of External Relations - 2003 Headed the Department of External Affairs, Depathuent of Governmental Affairs and Department of Commurfications. Coordinated thc operations for Michigan's Secretary of State, including the direction of her overall political career as well as the direction of her politically appointed staff. Worked daily on solutions that would benefit the citizens of the State of Michigan. Kent County Republican Committee Executive Director - 1999 to 2003 Lead the 3'a strongest county Republican organization in the United States, implementing a budget of $500,000 to elect Republicans in Grand Rapids and West Michigan as a whole. Coordinated campaigns for elected officials from Township Trustee to President of the United States. Organized a Re2~ublican Presidential Primary Debate at Calvin College, sponsored by the Kent GOP. Consistently elected Republicans in two consecutive election cycles including Michigan's top Republican elected official, Secretary of State Terri Lynn Land. ~United State Congress Congressman Dave Camp - 4m Congressional District, Michigan District Director - 1998 to 1999 Michigan State Senate Senator Walter H. North - 37th District District Representative / Deputy Director of Constituent Relations EDUCATION Michigan State University Bachelor of Arts in Political Science - May 1997 Il[ill,dale College August 1993 to May 1995 10/07/2003 08:53 2395942025 HUHISTON ~OORE ENG PAGE Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (9,~ !) 774-$097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Celia M. Fellows Home Phone: 239-304-2118 FL Ztp Code: 34117 Home Address: 1131 17e~ Street SW Fax No. 23~-594-2025 Business Phone: 239-594-2021 e-mail address: celiaanded~msn.com 01 Business: Employed by Humiston & Moore Engineers Board or Committee Applied for: Communi .ty Characte, ,r(~mart Growth Advisory Committee Category (if applicable): Citizen ]Kxamplc: Commission District. Developer. environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes: Do you currently hold public office? No X If so, what is that office? Not Applicable )o you now serve, or have you ever served, on a Collier Coanly board or committee? No ~ If yes, please list the commitlees/boards: Not Aovlicable 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) Notary Public in the State of Florida Permanent resident and elector of Collier County. Education:'Currently pursuing a Bachelor Decree from ~.n. ternattonal College in the Letal Studies Program. Anticipated t, radu. atiot~ M~av 2004. Experience:. Since relocating to Collier County in October 2000~ I. ,.h..a. ve beep employed by a local engineering firm that specialize in coastal engineering. I work with State a~d Local agencies through the state Coastal Construction Con troi Line permitting orocess which has given me exposure tO w0rkin~ wlthi~ ~he LDC and GIM~P of Collie. r Cou~_ty; My interest in the smart growth of Collier Co~n~ aoe~ beyond casual interest. Environmental and Land Use Law be the program which I will aOl)l¥ .after my acceptance to NOVA University in ~ovember 2004. The views I bring to the committee are views based on fair and balanced decision mak~nR for the overall good of the diverse residents of the Collier County community. I welcome the opportunity to ~erve 0n a,n ~,dvi..sory Committee and offer my assistance for the co~t_inued growth of Collier County. Pleazle t~ach any addtttonal information ~u.feel ~e~ This ~plic~on s&ouid be fo~ar~d to ~ue ~lso~ ~u~e ,~anag~ to the Bo~d of Cou~ Co~one~, 3301 E~t T~ ~r~, N~I~, FL ~4112, l/you w~h, ~ea~e f~ your ~Hca~on to (ged 774.3~ ' ~et. ~h~ yoa for volunte~ to ~ the ~e~ of Col~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-36112 Application for Advisory Committees/Boards Name:_Raymond T. Amico Home Phone: 239 597 5239 Home Address: 540- 103~ Avenue North Zip Code:_34108 Fax No. 239 334 0583 Business Phone: 239 335 8371 address:_ray.amico~mail.sprint.com e-mail Business:_Telecomm unications (Sprint) Board or Committee Applied for:_ Community Character/Smart Growth Advisory Category (if applicable):_Citizen Exam pie: Corn mission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes__X__No Do you currently hold public office? Yes lfso, what is that office? No X Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: No X Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:_ Member of Collier County EDC Education:_BS in Engineering, University of South Florida, class of 1977; Florida Registered Professional Engineer License Number 33607; MBA work at International College_ Experience:_Employed by Sprint in the engineering / planning discipline responsible for the Naples / Collier County area since 1977. Board of Count.' Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name:_Bruce S Preble Home Phone: __239-348-9678__ Home Address: 4703 Lighthouse Lane Zip Code:__34112_ Fax No._239263-4142_ Business Phone:_239-537-5299_ e-mail address:__brucep~welshfl.com Business:_Gallery on Fifth (fine art gallery) and Welsh Companies FL (commercial real estate broker)__ Board or Committee Applied for:__ Community Character/Smart Growth Advisory Committee Category (if applicable): 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? Yes No X__ If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: No X Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: BS Engineering Physics CGniv of Illinois) MBA (Kaplan School, Univ of Pittsburgh) MS Nuclear Science and Engineering (Carnegie Mellon University) Fine Art Appraisal Certification (George Washington Univ.) Experience: 11 yrs Nuclear Design (Westinghouse Electric Carp) 20 yrs strategic planning/management consulting (Booz, Allen & Hamilton; Technology Management Associates) 2 yrs commercial real estate development and brokerage (Welsh Companies FL - Naples) 3 yrs art gallery owner/operator (Gallery on Fifth - Naples) Please attach any additional inforrnotion you feei pertlnent. This appllcation should be forwarded to Sue Filson, Execati~e Manager to t&e Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (94D 774-3602 or e-mail to suel~lvon~.colliergov, net. Thank you for volunteerin£ to serve the citi"ens of Collier County. AGENDA G_Er' M , he/Exchange Experts,, 5100 Tamiami Trail N.. Suite 105 Naples, FL 34103 Office (239) 659-1031 Toll free (888) 659-1031 Fax (239) 348-2819 Toll free fax (866) 348-2819 October 1, 2003 Board of County Commissioners Attn: Sue Filson, Executive Manager to the Board 3301 East Tamiami Trail Naples, FL 34112 Dear Ms. Filson: Enclosed please find my application for Advisory Committees/Board for consideration for the Committee Character/Smart Growth Advisory Board. I know I would be a welcome addition to this committee and would contribute tremendously to it through my knowledge and experience. I have been living in South Florida since 1971, originally on the east coast (Pembroke Pines and Hollywood), and now live here in Naples for the past 3 years. I look forward to this wonderful opportunity and hope the board will seriously consider my application. If you have any questions, please do not hesitate to call. Yours truly, Nace Cohen AGE, NO ..... Board of County Commissioners 3301 ~ Tamiami Trail Naples, lr~ 34112 (941) 774-8097 Fax: (941) 774-,3602 · Application for Advisory Committees/Boards Board or Committee Applied fo= COP~{ ~'~-~E~ Example: C~s~n ~ ~vd~, ~~H~ 1~ ~ ~ A~ you n ~is~d vokr in Collier Count: Y~ ~ ~o Do you ~nt~ hMd public o~ce? Y~ ~o ~ if ~, ~tif ~t ~? Do you now serve, or Imve you ever served, on a Collier County board m- conmalttee? Yes If yes, please list 1he comn~h~te~boards: NACE I. COHEN, CPA 287 Burnt Pine Drive Naples, Florida 341 !9 Tel (239) 348-8255 Fax (239) 348-2819 Email "nace1031 ~aol.com" Career Summary Over 21 years of diversified professional experience, both public and private, including manufacturers, distributors, real estate, professional practices, small business, and more. Currently an IRC 1031 tax deferred exchange consultant and instructor on exchanges. Managed and supervised accounting departments, developed internal control procedures and customer credit programs, improved customer and vendor relations. Proficient preparing cash and accrual based financial statements including balance sheet, income statement and statement of cash flows with supporting schedules. Proficient preparing state and federal income tax returns, corporate and individual. Proficient with computer software applications. Hiehliehts · Multifunctional task achiever, simullaneously managing various office functions. · Proficient with automated accounting operations, policies and procedures. · Excellent supervisor, manager and motivator. · Communicate well with all levels of management and employees. · Experience with ACT, QuickBooks, Excel, Word, Lotus, Turbo Tax, and more. Team Player: willing to learn new tasks and job responsibilities to accomplish organization's goals. · Energetic, enthusiastic, analytical, organized, responsible, thorough, outgoing. Professional Experience April 2002 to Present, 1031 Exchange Consultant, The 1031 Exchange Experts LLC, Naples, FL. Florida Regional Manager for a Denver, Colorado based national consulting firm and qualified intermediary consisting of CPA's, Attorneys and other Real Estate Professionals. Consults with Realtors, CPA's, Attorneys and investors on structuring 1031 tax deferred exchanges to preserve investment equity. Accredited to teach State of Florida approved Continuing Education Courses on IRC 103 l exchanges for Realtors, CPA's and Attorneys, and speaks frequently at state conventions and real estate symposiums Exchange presentations are professional, simplified, comprehensive and facilitate audience participation. October 2000 to March 2002, Controller, RWA Civil Engineers and Land Surveyors, Naples, FL. Professional Civil Engineering and Land Surveying firm. Manage accounting depamnent staff ad shared functions of administrative assistants. Recently led in conversion to new accounting system from Quickbooks. Prepare invoices, manage accounts receivable, oversee payables, prepare payroll and related tax filings. Prepare financial statements and report to the board monthly. Prepare annual budget including cash flow, capital reinvestment and bonuses. Responsible for maintenance of computerized accounting system operations. Create and implement new policies and procedures, train staff. Shared humanresource functions including health insurance, COBRA administration and 401k program. Facilities manager including negotiating contracts for vendors, security for building, disaster planning. November 93 to September 2000, Nace 1. Cohen, CPA, Pembroke Pines, FL. A full service accounting practice specializing in write up and bookkeeping, consulting for private companies, property management, real estate, small business, corporate and individual income tax preparation, financial planning, payroll tax preparation and reporting, and organization of office administration. Accounting systems consulting for Quickbooks and other programs as requested. · ' Page 2, Nace I. Cohen, CPA, resume June 95 to March 1999, Controller, Raltron Electronics Corp. and Subsidiaries, Miami. Worldwide distributor and manufacturer of electronic parts. U.S. parent company with majority owned international subsidiaries. Responsible for month end closings, preparing consolidated financial statements, supervising six staff. Managed all financial operations and daily cash flow including a $10 million international asset based credit line facility. Coordinate year end audits with outside CPA firm. Report directly to CFO and President. MAS90 financial accounting software program, specialprojects and reports. Travel abroad for annual audits and other operational needs. This position came about as a result of a consulting engagement with my private accounting practice. January 89 to November 93, Jotkoff & Associates, CPA's, Pembroke Pines. Small business accounting specialists and consulting firm, senior accountant. Prepared compiled financial statements, write up and payroll services, corporate and individual income tax returns. Worked independently, supervise clerical staff, reported directly to t-mn partners. Diversified client practice included real estate, professional practices such as law practices and medical professionals, manufacturing, and small business. Utilized ACE financial write up software, Lacene, Lotus, Word, among others. January 82 to December 88, Kenneth Leventhal & Company, Ernst & Young CPA's, Miami. Big 6 accounting firm, specialists in real estate and leisure time industry. Senior accountant. Audits and tax return preparation, supervise audit staff. Started as slaffaccountant and moved rapidly to senior position. Highly requested among partners and managers for job assignments due to high efficiency performance, time and staff management, under budget job completion, organizational skills, accuracy and presentat6n of professional quality financial statement presentations, and maintaining staff moral. Education B.S. in Accounting, University of Florida, Gainesville, FL, June 1981. Licenses and Memberships Licensed as a Certified Public Accountant (CPA) in the State of Florida, May 1982. American Institute of CPA's, member since 1983 Florida Institute of CPA's, member since 1983 Florida Notary Public Personal Born May 19, 1958, in Queens, NY. Married to Cindy. We have two children, Jana, age 11 and Ben, age 3. Interests Sports enthusiast, enjoy golf, fishing, boating, swimming, exercise, tennis, and racquetball. Also enjoy all kinds of music, art, cultural events, and personal time with family. Avid coin collector. Da~e: 9i30,'03 'firr~ ?:56 26PM Page2 0£2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (94I) 774-3602 Application for Advisory Committees/Boards W~me' ~7~o CC~ Home Address: [ -~/~ ~7 (~ateg~' (if applicable): Are you a regislered voter in Collier Coun~ Yes /~o Do you currently bold public o~ce? !)o you n~ se~e, or ~e you ~er se~, on a Co.er Count' board or ~mml~? Yes liyes, pl~se list l~e ~mmi~oards: A ~usine~Phone: 3~t~-7~-~ ~ e-mailaddress: ~TL~¢/~--~r c/~/~'~z'~ /~ Please list your community activities (civic clubs, neighborhood associations, etr_ and positious APPROVE AN AGREEMENT WITH THE GULF COAST SKIMMERS TO TERMINATE THE LEASE AGREEMENT AT SUGDEN REGIONAL PARK OBJECTIVE: To maximize recreational services at County Park facilities. CONSIDERATION: Staff was recently approached by management of the Gulf Coast Skimmers regarding the possibility of transferring assets and the program to the County. While the program continues to be successful with its water-ski show, the needed volunteers along with the challenges of donations has created challenges for those who already have full time jobs. At the same time, the success of the County sailing programs on the lake proved that the County could offer a quality program on the lake without burdening the taxpayer. The termination of the lease agreement will open up avenues for the County to expand programming such as boater safety programs, water-ski clinics, competitions, special events and so forth, which otherwise had to be scheduled around the water-ski program and the lease agreement. Additionally, the termination of the lease will allow the County to construct storage facilities for al__!l programs on what was previously leased land. Finally, it is anticipated that the County will be able to expand the program without impacting the general fund. The highlighted terms of the Agreement call for the County to maintain the name, continue offering a water-ski program, hold pricing for two years for existing members, build facilities to store the boats, and forgive the code enforcement violations (signs and a few minor violations). The Skimmers agree to terminate the lease and provide all assets of the program including seven boats. While staff would not otherwise agree to building facilities as a condition, recognizing that the Skimmers is providing the assets and the fact that eventually storage will be needed for the sailing program, this would be a staff recommendation to budget parks capital funds within the next five years anyway. FISCAL IMPACT: The Parks and Recreation Department estimates that program can be run with existing funding and donations. The estimated capital asset value to the County is $100,000. The estimated cost to build a boathouse storage facility in the five- year plan is approximately $300,000 and would come from the parks capital fund (either 306 improvements or impact fees). GROWTH MANAGEMENT: Plan. There is no impact to the Growth Management RECOMMENDATION: termination of this Agreement. hn Du , ' ' -- ' ~D~ivhi;iIon of Public Services That the Board of County Commissioners approve the DATE: 2003 LEASE TERM[NAT[ON AGREEMENT THIS AGREEMENT is made and entered into this ~ day of October, 2003, by and between the Board of County Commissioners of Collier County, Florida (hereinafter "County") and the Gulf Coast Skimmers Water Ski Show, Inc. (hereinafter "Gulf Coast Skimmers"), hereinafter collectively refereed to as "the parties." WI'TNESSETH: WHEREAS, on .January 7, 1997, the parties entered into a Lease Agreement, whereby Gulf Coast Skimmers would obtain use of County property to operate a water ski program for youths; and WHEREAS, the parties wish to terminate said lease subject to certain commitments by each party. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1. County responsibilities. The County agrees to the following' a. County will continue to offer a water ski program and show. b. County will include in the water ski program members that currently exist in the program as of the date of this Agreement. The. user fee for the current membership will be priced at or below the Gulf Coast Skimmers 2003 membership fees ($100-$130 depending on age) for 2004 and 2005. The children, which are currently provided a scholarship, would be offered the same for 2004-2005. c. County will add the boat storage facilities into the Parks 5-year capital improvement program as a means to protect its investment. d. County will maintain the "Gulf Coast Skimmers" portion of the name. e. County will permit the Gulf Coast Skimmers to place a sign in the park outlining the history of the program upon approval of language by staff. e. County will forgive all code violations. 2. Gulf Coast Skimmers responsibilities. The Gulf Coast Skimmers agrees to the following: a. Gulf Coast Skimmers will convey all physical assets as listed iniF×,~.;bit ~ '. I Agerlq& I...t e m "A," attached hereto for the sum of ten dollars ($10.00). J No. O C'i2 8 2003 b. Gulf Coast Skimmers will pay for the balance of sign improvements to the park. c. Gulf Coast Skimmers will turn over all remaining financial assets to Collier County, less expenses necessary to close out or make whole its previous commitments. d. Gulf Coast Skimmers will turn over all valid titles, warranties, insurance, maintenance logs, and any other applicable records on any property that is conveyed to Collier County. e. Gulf Coast Skimmers will pay the remaining debt owed on the boat engines and any other equipment that will be conveyed to Collier County. 3. The Lease Agreement executed on January 7, 1997, will automatically terminate upon execution of this Lease Termination Agreement, and Gulf Coast Skimmers will immediately surrender the premises and equipment to Collier County. IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witnesses: Gulf Coast Skimmers Water Ski Show, :[nc. a Non Profit Florida Corporation By: John V. Gursoy, President ATTEST: DW:[GHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR]IDA Deputy Clerk By: TOM HENNING, Chairman Approved as to form and legal sufficiency: ?-"'//Robert N. Zachary Assistant County Attorney o. /'~' ~ EXHIBIT "A" John V Gursoy To: CC: 10/06/2003 03:14 PM CC: Subject: InYento~ Boats: 18' ski boat with twin 150 HP Mercuq! Outboards and trailer 18' ski boat with single 150 HP Mercury Outboard and trailer (trailer needs barings) 18' 1986 Mastercratt 351 cubic inc'~ Ford engine with lraining bar and trailer 14' ski boat with 40 HP Mercury ar d '[railer. (needs new bilge pump) 16' safety/ski boat with 30 HP Melcury and trailer (needs new deck carpet) Trailer can also be used for Personal Water Craft 22' Hurricane deck boat with 150 FIP Yamaha 22' Jaguar Sail Boat with trailer All boats have bimini tops Clown boat with Trailer Ski Equipme~ +/- 50 pairs of skis +/- 50 ski vests +I- 50 ski ropes +/- 20 wet suits Full set of show costums and prop~ Single axle box trailer Sound and Communications Syste'n: -3 speakers -2 CD playes -one mini disc player -one amp -3 rolls of speaker wire -3 speaker stands -4 rain covers -6 Kenwood two way radios with chargers Concessions Buildinq: -one computor -two drawer filing cabinet -one Sub Zero refrigerator -phone and phone line with call fonvard Docks: -6 floating docks Mi$c: -two slalom coarses -one ski jump -500 gallon fuel tank -cubes of block and sand -small Ted Shed structure for chart!ling room -gas grill -90 lb punching bag -3 shade structure roofs Agenda Item No.. /or) EXHIBIT ~004 -misc. lawn furniture -Rubber Maid storage container Accounts Payable: -$11,000 to Bank of Naples for Mercury Outboards -person effects and interest Blue Prints and Permits: -5 bay boat house blue prints -10' by 10' sound booth -25' by 60' storage building i~--~ge n da_ Item EXECUTIVE SUMMARY PRESENT FINDINGS AND RECOMMENDATIONS CONCERNING THE NEGOTIATIONS WITH BRIGHTSTAR ENVIRONMENTAL (FLORIDA), LLC PURSUANT TO RFP #02-3316: MSW PROCESSING & GASIFICATION FACILITY AND RECOMMENDATIONS FOR FURTHER ACTIONS OBJECTIVE: To present the Collier County ("County") Board of County Commissioners ("Board") with findings and recommendations concerning contract negotiations with Brightstar Environmental (Florida), LLC ("Brightstar"), pursuant to the County's request for proposal ("RFP") #02-3316: Municipal Solid Waste Processing & Gasification Facility, and to request authorization to evaluate other solid waste management options. CONSIDERATION: The County's Public Utilities Division is developing an integrated, multi- faceted program to provide environmentally sound, cost effective, solid waste management services to the County's citizens Ibr 30 years or more. One of the options that the Board directed staff to pursue was the processing of Municipal Solid Waste (MSW) via gasification. The following section details the process undertaken to procure a gasification system. Other solid waste options are also presented below ~br Board consideration. Gasification In June 2001, the Board directed staff to issue a RFP for processing and gasification of a portion of the County's MSW. In November 2001, the County issued a RFP for a gasification facility. In conjunction with the RFP, the County entered into a Memorandum of Understanding with Waste Management Inc. of Florida ("WMIF"), which confirmed the County' s right to divert 150,000 tpy of MSW from the Naples Landfill to a clean gasification facility. In April 2002, three proposals were submitted to the County. The proposals by Interstate Waste Technologies ("IWT") and Brights.tar were deemed responsive. In March 2003, after evaluating these two proposals, the County's Selection Committee ranked IWT ahead of Brig~.~tstar and presented the findings to the Board. At that time, the Board instructed staff to cond:]ct "best and final" price negotiations with IWT and then report back to the Board before proceeding further. The County's Project Delivery Team requested a best and final price proposal from IWT on June 19, 2003. IWT submitted their best and final price proposal on July 2, 2003, and met with the Project Delivery Team on July 8, 2003. The Project Delivery Team concluded that the cost per ton contained in IWT's proposal was significantly higher than the cost of the County's current MSW disposal methods and the cost of other contingency disposal options that may be available to the County. On July 29, 2003, the Project Delivery Team recommended that the Board authorize staff to terminate negotiations with IWT and to commence negotiations with Brightstar. The Board Page I or6 .0. OCI 2 8 2003 PG. provided the requested authorization to staff. Subsequently, the County received information from Brightstar and its parent company, Energy Developments Limited, which required clarification from Brightstar. On August 20, 2003, the Project Delivery Team issued a letter to Brightstar requesting clarification and explanation of any impacts that might affect this procurement. Brightstar responded on September 20, 2003. As a result of Brightstar's response, the Project Deliver}' Team fbund their proposal to be non- responsive. Long-Range Solid Waste Management Strategy It is important to note that gasification is only one component considered as part of the County's integrated, multi-faceted solid waste management program. Starting in December 2000, the County embarked on an ambitious program to address existing issues and to search for progressive solid waste solutions in the intermediate and long-term to address future needs. Although gasification may not be the right technology at this time, the County still has other options to consider to help it achieve its goal to provide environmentally sound, cost effective, solid waste management services to the County's citizens fbr 30 years or more. Some of the suggested solid waste management program enhancements include: Landfill Gas-to-Energy Project (LFGTE) On March 11, 2003, the LFGTE Project was placed on hold. The use of landfill gas ,,vas considered fbr potential use as a fuel tbr MSW Gasification. Staff has favorably reviewed the technical feasibility of LFGTE and believes that it is still in the best interest of the County to proceed. The tinancial viability of the ! ~ iTE Project will be assessed through the process of contract negotiations. The benefits to the LFGTE Project include: · Effective collection and management of methane gas generated at the Naples Landfill · Reductions in emissions by not burning landfill gas by using flares · Reductions in emissions that would other, vise be generated by traditional power plants. Single-Stream Materials Recovery Facility (MRF) Staff has evaluated options to manage residential, multMhmily, and commercial recyclables and has concluded that the greatest benefits would be realized through a Single-Stream MRF. A single-stream MRF integrates the collection and processing components of recycling into the most economical method: all recyclable materials are collected in one "stream." Mixed paper and commingled recyclable containers are all collected together and delivered to the MRF. The tectmology and process is proven and has been successfully implemented in progressive communities nation-wide. The specific benefits include: · Cost effective · Increases recycling rate across all generator classes · Centralizes processing ofrecyclables · Separation ofrecyclables is convenient and not burdensome on the customer · Maximizes quantity and quality of the recyclables · May not require regulatory enforcement and new ordinances Page 2 otb 0CI 82003 ] Solid Waste Franchise Collection Contracts The current franchise collection contracts expire in 2006. The County currently plans to issue a RFP to solicit bids tbr new franchise contracts. The County can capitalize on the procurement by requesting services that support new initiatives such as a Single-Stream MRF. The benefits of this approach include the tbllowing: · Safer collection program for customers and contractors (e.g., uses a rolling cart for both recyclables and waste) · Waste minimization (e.g., rolling carts can be sized to allow more recycling, and less xvasting of recyclables) · Increased efficiency (e.g., fewer trucks on the road, eliminates specialized vehicles and compartmentalized containers required to participate in recycling, fewer bins, etc.). · Reduces litter by using rolling carts with lids The past, current, and suggested program enhancements are graphically presented in Appendix A. FINDINGS: The Project Delivery Team concluded that it is not in the County's best interest to continue contract negotiations with Brightstar, based on Brightstar's inability to meet the requirements of the RFP. The County has solved its m~sl pressing solid waste management issues and evaluated several long-range options, i.e~ eliminated landfill odor problems, increased quantities of recyclables, diverted yard waste to composting, eliminated depositions of Construction & Demolition at the Naples Landfill. It is appropriate, at this time, to provide direction to staff to continue to develop the County's future solid waste management strategy. Given the considerations and findings as set forth herein, Staff has developed a series of proposed actions which are enumerated under the recommendations paragraph of this executive summary. GROWTH MANAGEMENT IMPACT: There are no growth management impacts ~ssociated with the issues addressed in this Executive Summary. However, the recommendations set forth below are designed to have a significant positive effect on the capacity of the Naples Landfill. FISCAL IMPACT STATEMENT: Thc only fiscal impacts at this time are budgeted expenditures for the County's stall' and consultants. No long-term commitments or major capital expenditures will be undertaken at this time. Staff' shall return to the Board at a later date and shall seek the Board's prior approval tbr any such commitments or expenditures. Page 3 of 6 OCT 2 8 2003 RECOMMENDATION: That the Board take the following action: Authorize staff to notify Brightstar that the County does not wish to proceed further with negotiations and Authorize staff to terminate its activities pursuant to RFP #02-3316 (MSW Processing and Gasification Facility); Authorize staff' to recommence negotiations with Waste Management Inc. of Florida ("WMIF") concerning the development of a landfill gas-to-energy facility at the Naples Landfill pursuant to Landfill Operations Agreement; o Authorize staff to assess the feasibility of using a single stream MRF for processing recyclable materials from residential, multi-family, and commercial customers and if feasible, authorize staff to issue a suitable RFP; 4. Authorize staff to prepare a RFP for solid xvaste l'ranchise collection contracts; and staff will present final RFP document for Board's review and approval; Authorize staff to utilize the County's Utility Engineering consultants including Malcolm Pirnie and Special Legal Counsel l.anders & Parsons, P.A. to assist with the implementation of these recommendations. Page 4 of 6 2003 SUBMITTED BY: RTB. Anderson, P.E. Dtrector, Public Utilities Engineering Department REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY:,~I'-''~'~' ~' c_.-' A4'fe? /. Jim W. DeLony, P.E. Administrator, Public Utilities Division ~ ~_- ~ ___~_ Date: G. George Yilmaz Dire~or)~olid Waste Management Department llf l ~.. '(~ -.4z-~ ~-~' -- Date: Tom W~des. ~,~ ~ ¢~ ~ Director, Public Utilities Operations Steve Carnell Dkector, Purchasing/General Services Depa~ment Date: r~ Page 5 of 6 AG£NDA 1¥£1,q ~ · ...2 8 EXECUTIVE SUMMARy RECOMMENDATIONTHAT THE BOARD OF COUNTY COMMISSIONERS DETERMINE WHETHER COLLIER COUNTY EMERGENCY MEDICAL SERVICES SHALL CONTINUE TO PROVIDE OUT-OF-COUNTY TRANSPORTS FOR NAPLES COMMUNITY HOSPITAL HEALTHCARE SYSTEM FACILITIES AND RATIFICATION OF PRIOR LETTER AGREEMENT. OBJECTIVE: T o provide better protection for t he health, safety, a nd welfare o f t he residents of Collier County through efficient use of resources. CONSIDERATIONS: For the past several years, Collier County Emergency Medical Services has provided out-of-county transport services for patients of Naples Community Hospital facilities without billing the hospital for these services. As part of his most recent annual review of emergency response times, the EMS Director identified a concerning trend relating to the amount of time and number of transports NCH ordered to take its patients from its facilities to other hospitals located outside Collier County. This past year, NCH utilized this service 170 times. When this occurs, the County must reposition the remaining in-service units inside the County to ensure adequate coverage and response times. At times, this move up results in additional personnel and equipment being called in on an overtime basis to ensure adequate coverage inside the County. As demands on the EMS system continue to grow, staff believes that it is necessary at this time to have the Board of County Commissioners determine whether this optional service should continue, especially at no charge to the NCH Healthcare System. In an attempt to address this concern, the County Manager met with officials from NCH last spring and explained that this service did not legally appear to be the taxpayers' responsibility. The County is licensed by the State of Florida to provide pre-hospital. ALS service in the County. It is important to note' that there is presently a protocol established for trauma level patients where EMS does identify those patients in the field and transports them directly to the appropriate trauma center. Additionally, no inter-local agreement could be found which supported continuing the service. As a compromise, the County Manager offered, and it appeared an agreement was verbally made, to give the hospital 60 days to find its own provider. In the interim, the County would bill the patient first and then collect all unpaid balances from the hospital after 90 days. This was memorialized in a letter that was sent to the hospital (see attachment). After the sixty days expired, middle management staff on both sides agreed that the program was working well since the County would be recouping 100% of its billing to keep the unit in service; therefore eliminating the taxpayers' burden. The program then continued. It was later in the summer that County staff became concerned that the hospit paid its bill of $170,787. A subsequent meeting was called again on August 13 had not : 2002~Ondda i~m No. /0 0ct' 2 8 2O03 a discussion was had in which the hospital agreed to pay its bill, but expressed concern that the County may be the only EMS Department in the State to require such reimbursement. The Hospital further indicated that it was reviewing other communities and would provide its findings to the County. At that time, there was no indication made that NCH intended to discontinue payment to the County. NCH later provided this information relating to transports and the County evaluated it. The evaluation concluded that some of the information did not appear to be accurate based upon staff findings and, subsequently, many of the areas compared were not comparable to the situation here in Collier County. It was not until September that the County learned NCH did not intend to pay for the services provided over the past several months. At that time, staff felt it was appropriate to present this item to the Board for consideration. Prior to that decision, staff did offer the following compromise to NCH. The County offered to renegotiate the existing agreement between the County and NCH that provides patient transports between NCH facilities here in the County for a negotiated price. Specifically, the County offered to use the ambulance dedicated to provide inter-facility transports to also provide out-of- county transports at cost. This offer was rejected by NCH. Presently, the County has continued to deliver emergency transport services and has accumulated invoices in an amount just under $200,000. The County Attorney's Office has reviewed this issue and has opined that the County is not legally bound to provide this service unless there is an agreement by both parties. Florida Statutes Chapter 395.1041, Hospital Licensing and Regulation, states: "If any arrangement requires the provision of emergency medical transportation, such arrangement must be made in consultation with the applicable provider and may not require the emergency medical service provider to provide transportation that is outside the routine service a rea of t hat provider o r i n a manner t hat impairs t he ability o f t he emergency medical service provider to timely respond to pre-hospital emergency, calls." There are three decisions to be made at this point: 1) Whether to continue to provide this service at all 2) Whether to bill NCH for services provided 3) Whether to ratify the Agreement memorialized in the Mudd letter. FISCAL IMPACT: The estimated cost to continue to provide transport services without reimbursement is directly correlated to volume, but is estimated at $400,000.00- 500,000.00 annualized from the general fund. GROWTH MANAGEMENT IMPACT: Growth units for EMS are based upon population derived from response times. The loss of a unit to out-of-county transports impacts response times and will accelerate the need for additional units. Agen,da I~t~m No./_o L 0Ci 2 8 2003 RECOMMENDATION: Recommendation that if the Board of County Commissioners decides to provide out-of-county emergency transport services to enter into an agreement with the hospital to be the payer of last resort and to ratify the prior agreement memorialized in the Mudd letter. SUBMITTED BY: 'J-d-tr~ EMS Dire'cto f-fi. · _~O-~O~M ~'1~6~'[-~ Date: ~q. udine-Hubbard Robinson 4~s'~istant County Attorney ~ ~],l,~ ,{~ J~~/ Date: Jg~n Dunnuck, Administrator [[lvision of Public Services REVIEWED BY: APPROVED BY: ! ! COLLIER COUNTY MANAGER'S OFFICE April 10, 2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Edward Morton, CFO Naples Community Hospital Healthcare System P.O. Box 413029 Naples, FL 34101 Dear Mr. Morton: As a follow-up to our meeting several weeks ago, it is my understanding that EMS Director Jeff Page has communicated with NCH representative, Gall Dolan, and they' have reached an agreement regarding patients requiring transports to facilities located outside Collier County. Additionall?. I have been advised that this temporary program commenced on March 31, 2S,_ 3, and will have an ending date of May 30, 2003 (60 days) as we agreed. Attached for your convenience are the details of what I believe was agreed to as a result of our meeting. Should you have any further questions, please do not hesitate to contact me. Sincerely, .... ;-...¢--~-------p.: ; . ....: ..'"'-James V. Mudd County Manager CC: Leo Ochs, Deputy County Manaaer John Dunnuck, Public Services ,~dministrator Jeff Page, EMS Director ../ Received APR 1 5 2003 EMS Dept. The Collier County EMS Department shall, subject to equipment and manpower availabili~, utilize its resources to provide NCH support in transporting patients to out-of-county facilities providing all of the following conditions are met: · All patients to be transported must meet the criteria as set forth in the Collier County EMS PHYSICIAN'S CERTI2FICATION STATEMENT (Attachment A). This form must be filled out in it's entirety and requires either a Physician's Signature, or the signature of a Physician Assistant, Nurse Practitioner, or Clinical Nurse Specialist in order for the transport to even be considered. · Final approval for the emergency transport requires the notification and approval of Gail Dolan (or her designee), representing NCH, and Jeff Page (or his designee) representing the COUNTY. · Should NCH have an emergency need for a patient to be transported out-of- County that requires medical intervention, NCH agrees to first attempt to utilize an ALS or BLS licensed provider from outside Collier County (see Attachment B) whenever available. In the event that NCH has to request the COUNTY to provide this type of transport, the COUNTY shall, subject to equipment, manpower, availability, and it's sole discretion, utilize its resources to provide NCH support and patient transport. · NCH agrees to be the payor of last resort in the event patient transportation provided at the request of a representative of NCH remains uncompensated after a period of 90 days. · When acting in the capaciw of guarantor of paymefit, as described above, NCH shall reimburse COUNTY within thirty (30) days from date of receipt of invoice. Invoices will delineate the Lype of service provided; points of pick-up and discharge; date and time service was requested, pick-up time; distance of transport; added charges, if any; and NCH's authorization or reference number for each transport, if available. The term ofth/s program shall commence on March 31st and shall last no longer than for a per/od of sixty (60) days. ~ Agen It~ ATTACHMENT A PHYSICIAN'S CERTIFICATION STATEMENT Transport Date: __ Medicare # / / Patient's Name Date of Birth / / Transport From: Transport To: Physician's Name: Please Print Clearly IMPORTANT! The following criteria must be met in order for the patient to be accepted for Collier EMS ambulance transportation: 1. This form must be completed in it's entirety, and: 2. This form must accurately reflect the patient's condition at the time of transport as documented on the ambulance run report. tPayment from insurance companies for Collier EMS ambulance transportation is contingent on the transport criteria being met. If the criteria cannot be met, the facility requesting the transport may be held responsible as the payer. TRAL'qSPORT CRITERIA -: ca Requires continuous airway monitoring or suctioning [] Is comatose and requires trained monitoring ca Is currently seizure prone and requires trained monitoring Must remain immobile because of a fracture or possible fracture Is ventilator dependent Requires continuous IV therapy n Requires EKG monitoring [] Patient is bed-confined (All criteria below must be checked in order to meet definition of bed-confined.) ca Is unable to get out of bed without assistance, and; c~ Is unable to ambulate, and; c~ Is unable to sit in a chair/wheelchair Note: Transports involving the following criteria must be explained below in order to meet HCFA requirements. Requires restraints and/or sedation Has sever, e contractures Has decubifus ulcers and requires wound precautions Requires isolation precautions Is exhibiting signs of an acute decrease in LOC Other (Explain): Signature(Required): ~"~e A~enda[ Item Physician's Signature, Physician Assistant, Nurse Practitioner, or Clinical Nurse Specialilt ~o. /t9 B ATTACHMENT B OUT OF COUNTY INTER-FACILITY TRANSPORTS REQUIRING LICENSED TRANSPORT Out of County emergency inter-facility transports requiring medical intervention will be handled in the following manner: GROUND TRANSPORTS TO HOSPITALS NORTH OF COLLIER 1. Safe-Care Medical. Ft. Myers, (941) 481-9758. Will provide o ALS ground transports statewide and as far North as North Carolina. Estimated arrival time to NCH - 45 minutes to one hour. Ambitrans Medical Transport. Port Charlotte and Ft. Myers, (941) 743-3665. Will provide ALS ground transports statewide. Estimated arrival time to NCH is based on the time of day and available resources at that time. Collier County EMS will provide ground transports (emergency) the day of request, subject to staffing and unit availability GROUND TRANSPORTS TO HOSPITALS EAST OF COLLIER 1. Safe-Care Medical. Ft. Myers, (941) 481-9758. Will provide ALS ground transports statewide and as far North as North Carolina. Estimated arrival time to NCH - 45 minutes to one hour. 2. Ambitrans Medical Transport. Port Charlotte: ~, F.t. Myers,'~(941) 743-3665. Will provide ALS ground transports statewide. Estimated arrival time to NCH is based on the time of day and available ~:esources at that time. 3.Medics Emergency Services. Broward County (954) 463-8400. HOSPITALS OTHER THAN COLLIER COUNTY The sending hospital should contact the receiving hospital to arrange transportation of the patient. The receivine hospital resources should always be utilized first. Alternative resources for transporting patients to hospitals outside of Collier / Lee Counties include: Hospitals North of Collier County lSt: Bayflite 800-223-4494 2ha: Medfli~at (CCEMS) Medic 50 (Ground Unit) 2. Shands Hospital lSt: ShandsCare 352-395-0222 2nd: Bayflite 800-223-4494 3; East Coast Hospitals . Baptist Aeromed 305-273-2223 Medflight (CCEMS) . Medic 50 (Ground Unit) ~¢~ NON EMERGENCY TRANSPORT OF PATIENTS WITHIN COLLIER coUNTY ~onsider NCH Healthcare System Transport Service (513-7080) for patients not requiring medical intervention (i.e.: self-administered oxygen and/or heparin lock). Patients requiring ECG monitoring, Ix/monitoring, oxygen administration, or any other medical intervention, shall be transported by the EMS Department. 10:14am Fro~- T-O?3 P.002/020 F-029 OFFICE OF THE CO UNTYATTORNEY INTEROFFICE MEMORANDUM TO: FROM: DATE: Jeffrey Page, Director- EMS Jacqueline Hubbard Robinson, Assistant County Attorne~]f~ October 15, 2003 Provision of Emergency Transport Out of Counly Query: May Collier County EMS condition its provision of "out of County" emergency transports on NCH's ~tarantee of payment if the patient fails to pay? Short Answer: Y~S, Relevam Statutory Provisions: Florida Sram res, Section § 395.1041, (a copy is attached hereto as Exhibit "A" to opinion), pertains to access to emergency services and care and stares, in part: ¸.3 The Legislature finds and declares it to be of viral importance that emergency services a_nd care be provided by hospitals and physicians to every person in need of such care .... It is fur;her the intern of Ge Legislature that hospitals, emergency medical services providers, and other health care providers work together in their'local communities to enter into a~eements or arrangements to ensure access to emergency services and care. Every general hospital which has an emergency department shall provide emergency services ahd care for any emergency medical condition under most circumstances wher~ any person requests emergency services and care. A patient, wn~-ther st~.bilized or not, may be transferred to another hospital which has the requisite serv/ce capability or is not at service capacity, if, among other things, the patient, or a person who is legally responsible for the patient and acting on the patient's behalf`, after being informed of the hospital's obligation under this section and of the risk of transfer, requests that the transfer be effected; Every hospital must ensure ~e provision of services within the service capability of the hospital, at all times, either directly or indirectly through an arrangement with another hospital, through an arrangement with one or more physicians, or as otherwise made through prior an-angements. A hospital may enter into an agreement with another hospital for purposes of'meeting its service capability requirement, and appropriate compensation or other r~asonable ~ genda Ite~m '- P? ,___L______ ; 10:14~m From- T-OB P.OO3/OZO F-029 conditions may be negotiated for these backup services. If any arrangement requires the provision of emergency medical transportation, such arrangement musx be made in consultation with the applicable provider and may not require the emergency medical servlee provider to provide transportation that is outside the routine service area of thnt provider or in a manner that impairs the ability of the emergency medical service provider to timely respond to prehospital emergency calls. Except as otherwise provided by law, all medically necessary transfers shall be made to the geograph/caily closest hospital with the service capability, unless another prior arrangement is in place or the geographically closest hospital is at service capacity. When the condition of a medically necessary transferred patient improves so that the service capability of the receiving hospital is no longer required, The receiving hospital may transfer the patient back to the transferring hospital and the transferring hospital shall receive the patient within its service capability. In no event shall the provision of emergency services and care, the acceptance of a medically necessary transfer, or the remm of a patient pursuant to paragraph (e) be based upon, or affected by, r. he person's race, ethnicity, religion, national origin, citizenship, age, sex, preexisting medical condition, physical or mental handicap, insurance status, economic status, or ability to pay for medical services, except to the extent that a circumstance such as age, sex, preexisting medical condition, or physical or mental handicap is medically significant to the provision of appropriate medical care to the patient. A hospital may request and collect insurance information and other financial information from a patient, in accordance with federal law, if emergency services and care are not delayed. No hospital to which another hospital is transferring a person in need of emergency services and care may require the transferring hospital or any person or entity to guarantee payment for the person as a condition of receiving the transfer. In addition, a hospital may not require any contractual agreement, any type of preplanned transfer agreement, or any other arrangement to be made prior to or at the time of transfer as a condition of receiving an individual patient being transferred. However, the patient or the patient's legally responsible relative or guardian shall execute an agreement to pay for emergency services or care or otherwise supply insurance or credit information promptly after the services and care are rendered. (k) 1. Emergency medical services providers may not condition the prehospital transport of any person in need of emergency services and care on the person's ability to pay. Nor may emergency.medical services providers condition a transfer on the person's ability to pay when the transfer is made necessary because the patient is in immediate need of treatment for an 0ct-15-03 lO:15am From- %0?3 P.004/020 F-O~g emergency medical condition for which the hospital lacks service capability or when the hospital is at service capacity. However, the patient or the patient's legally responsible relative or guardian shall execute an agxecment to pay for the transport or otherwise supply insurance or credit information promptly after the transport is rendered. 2. A hospital may enter into an agreement with an emergency medical services provider for purposes of meeting its service capability requirements, and appropriate compensation and other reasonable conditions may be negotiated for these services. Relevant Case Law: In Tallahassee Memorial Regional Medical Center. Inc., v. Tallahassee Medical Center. Inc.. d/b/a Tallahassee Community Hospital, 681 So. 2d 826 (Fla. 1a DCA 1996), the court held that counties could determine how to subsidize emergency ambulance services because the legislature had not expressly preempted the area and because there was no reg-ulatory scheme so pervasive as to evidence an intent by the legislature to preempt the area. The court held that the ambulance service provider, however, must first look to the patient for payment. There is nothing in this case, however, that would preclude the hospital from becoming the =maarantor, at least for some or all of the cost. The provision in the Taltahassee ordinance required the hospital to pay first was in conflict with a state statute requiring the emergency services provider to first look to the patient for payment. The court opined as follows: We determine that the ordinance on its face creates a private cause of action and that state statutes do not preempt a county ordinance from determining how to subsidize emergency ambulance services. We also find, however, that the portion of the ordinance which makes a receiving hospital primarily responsible for payment for ambulance services expressly conflicts with section 395.1041(3)(k)(1), Florida Statutes. In the case referred to, the dispute concerned the authority of~e County to provide for alternative funding mechanisms to subsidize emergency.medical rransportar, ion services. The court found that it could. In addition, the court found There is no public policy reason for precluding the county from subsidizing this service fl~rough an equitable fee, staring, ~'to the contrary, the subsidization of this required service would appear to be a public necessity." Finally, the court ruled: ...state law requires the ambulance provider to first look . to the patient, not the receiving hospital for payment. It also contemplates that the service provider will be the party who attempts to collect from the party receiving services Oct-IS-OS 10:l~am From- T-O?~ P.005/020 F-O29 prior to seeking supplemental funding. A copy of the case is attached hereto as Exhibit "B" to this Opinion. CC: David C. Weigel, County Attorney John D~Lrmuck, Public Services Administrator Dwight E_ Brock, Clerk of Courts H:$HR/Naples Community Hospital/Legal Opinion 0ct-15-03 lO:1$am From- T-O?$ P.OO$/OZO F-O2g A I Service: Get by LEXSTAT® I~ --/~~ ~ TOO: ELgq'Oa Statutes Constitutio~ B.AR_ZT t, HOSP. I_TALS AND .QTHER LICENSED E~O_tLLTj.F--~ > § 395.1041. Access to emergency services and care Citation:Fla. Stat. @ 395.1041 Fla. Stat. § 395.1041 LexisNexis (TlVl) Florida Annotated Statutes Copyright (c) 2003 by Matthew Bender 8, Company, Inc. a member of the LexisNexis Group. All rights reserved. THIS DOCUMENT IS CURRENT THROUGH THE 2002 LEG]SLAr[VE SESSION *** *** ANNOTAr[ONS CURRENT THROUGH AUGUST ::[, 2003 **" Ti-FLE 29. PUBL.]C HEALTH CHAPTER 395. HOSPI-FAL LICENSING AND REGULAr[ON PART I. HOSPiq-ALS AND OTHER LICENSED FAC:II TriES * GO TO CODE ARCH:JVE DJ:RECTORY FOR THIS 1UrtISDICTION Fla. Stat. § 395.1041 (2002) § 395.1041. Access to emergency services and care (1) LEGISLATIVE INTENT. --The Legislature finds and declares it to be of vital importance that emergency services and care be provided by hospitals and physicians to every .person in need of such care. The Legislature finds that persons have been denied emergency services and care by hospitals. It is the intent of the Legislature that the agency vigorously enforce the ability of persons to receive all necessary and appropriate emergency services and care and that the agency act in a thorough and timely manner against hospitals and physicians which deny persons emergency services and care. It is further the intent of the Legislature that hospitals, emergency medical services providers, and other health care providers work together in their local communities to enter into agreements or arrangements to ensure access to emergency services and care. The Legislature further recognizes that appropriate emergency services and care often require followup consultation and treatment in order to effectively care for emergency medical conditions. (2) INVENTORY OF HOSPZTAL EMERGENCY SERV[CE$. --The agency shall establish and maintain an inventory of hospitals with emergency services. The inventory shall list all services within the service capability of the hospital, and such services shall appear on the face of the hospital license. Each hospital having emergency services shall notify the agency of its service capability in the manner and form prescribed by the agency. The agency shall use the inventory to assist emergency medical services providers and others in locating appropriate emergency medical care. The inventory shall also be made-available to the general public. On or before August 1, 1992, the agency shall request that each hospital identify the services which are within its service capability. On or before November 1, 1992, the agency shall notify each hospital of the service capability to be included in the inventory. The hospital has 15 days from the date of receipt to respond to the notice. By December 1, .1992, the agency shall publish a final inventory. Each hospital shall reaffirm its service capability when its license is renewed and shall notify the agency of the addition of a new service or the termination of a service prior to a change in its service capability. (3) EMERGENCY SERVICES/ DISCRIMINATION; LIABILITY OF FACILJ'TY~OR HEALT~ CAR~genda PERSONNEL. :! ,~o . hr[ps:~www.~e×is.c~m/researc~re[ri¢ve?-m=~99e3cc~:~?ccbt~42?4~c8~23~9bc&csv.., tOl[~lc~O03 0ct-15-03 lO:l~am From- T-073 P.OO?/OZO_ F-029 (a) Every general hospital which has an emergency department shall provide emergency services and care for any emergency medical condition when; 1. Any person requests emergency services and care; or 2. Emergency services and care are requested on behalf of a person by: a. An emergency medical services provider who is rendering care to or transporting the person', or b. Another hospital, when such hospital is seeking a medically necessaw transfer, except as otherwise provided in this section. (b) Arrangements for transfers must be made between hospital emergency services personnel for each hospital, unless other arrangements between the hospitals exist. (c) A patient, whether stabilized or not, may be transferred to another hospital which has the requisite service capability or is not at service capacity, if: 1. The patient, or a person who is legally responsible for the patient and acting on the patient's behatf, after being informed of the hospital's obligation under this section and of the risk of transfer, requests that the transfer be effected; 2. A physician has signed a certification that, based upon the reasonable risks and benefits to the patient, and based upon the information available at the time of transfer, the medical benefits reasonably expected from the provision of appropriate medical treatment at another hospital outweigh the increased risks to the individual's medical condition from effecting the transfer; or 3. A physician is not physically present in the emergency services area at the time an individual is transferred and a qualified medical person signs a certification that a physician, in consultation with personnel, has determined that the medical benefits reasonably expected from the provision of appropriate medical treatment at another medical facility out~veigh the increased risks to the individual's medical condition from effecting the transfer. The consulting physician must countersign the certification; provided that this paragraph shall not be construed to require acceptance of a transfer that is not medically necessary. (d) ;L. Every hospital shall ensure the provision of services within the service capability of the hospital, at all times, either directly or indirectly through an arrangement with another hospital, through an arrangement with one or more physicians, or as otherwise made through prior arrangements. A hospital may enter into an agreement with another hospital for purposes of meeting its service capability requirement, and appropriate compensation or other reasonable conditions may be negotiated for these backup services. P. If any arrangement requires the provision of emergency medical transportation, such arrangement must be made in consultation with the applicable provider and may not require the emergency medical service provider to provide transportation that is outside the routine service area of that provider or in a manner that impairs the abilib/of the emergency medical service provider to timely respond to prehospital emergency calls. 3. A hospital shall not be required to ensure service capability at all times as requi~e~d in subparagraph 1. if, prior to the receiving of any patient needing such service capabiti~, s~ hospital has demonstrated to the agency that it lacks the ability to ensure such capability re4n¢ /C) !"). ii has exhausted all reasonable effo~ to ensure such capabit W through backup ~ . ,~ _~ '~ h~ps://www.iex{s.com/~ese~rch/~tdave?_m=099o3cccS?ccb t 0a4274 ] c8023~ 109bc~csv._ -~/t 5/~003 0ct-15-03 lO:lGam From- T-OT3 P.008/020 F-029 arrangements. In reviewing a hospital's demonstration of lack of ability to ensure service capability, the agency shall consider factors relevant to the particular case, including the foil owl ng: a. Number and proximity of hospitals with the same service capability. b. Number, type, credentials, and privileges of specialists. c. Frequency of procedures. d. Size of hospital. 4. The agency shall publish proposed rules implementing a reasonable exemption procedure by November 1, 1992. Subparagraph 1. shall become effective upon the effective date of said rules or January 31, 1993, whichever is earlier. For a period not to exceed 1 year from the effective date of subparagraph ]1., a hospital requesting an exemption shall be deemed to be exempt from offering the service until the agency initially acts to deny or grant the original request. The agency has 45 days from the date of receipt of the request to approve or deny the request. After the first year from the effective date of subparagraph 1., if the agency fails to initially act within the time period, the hospital is deemed to be exempt from offering the service until the agency initially acts to deny the request. (e) Except as otherwise provided by law, all medically necessary transfers shall be made to the geographically closest hospital with the service capability, unless another prior arrangement is in place or the geographically closest hospital is at service capacity. When the condition of a medically necessary transferred patient improves so that the service capability of the receiving hospital is no longer required, the receiving hospital may transfer the patient back to th~transferring hospital and the transferring hospital shall receive the patient within its service capabilit'y. (f) In no event shall the provision of emergency services and care, the acceptance of a medically necessary transfer, or the return of a patient pursuant to paragraph (e) be based upon, or affected by, the person's race, ethnicity, religion, national origin, citizenshipt age, sex, preexisting medical condition, physical or mental handicap, insurance status, economic status, or ability to pay for medical services, except to the extent that a circumstance such as age, sex, preexisting medical condition, or physical or mental handicap is medically significant to the provision of appropriate medical care to the patient. (g) Neither the hospital nor its employees, nor any physician, dentist, or podiatric physician shall be liable in any action arising out of a refusal to render emergency services or care if the refusal is made after screening, examining, and evaluating the patient, and is based on the determination, exerc:ising reasonable care, that the person is not suffering from an emergency medical condition or a determination, exercising reasonable care, that the hospital does not have the service capability or is at service capacity to render those services. (h) A hospital may request and collect insurance information and other financial information from a patient, in accordance with federal law, if emergency services and care are not delayed. No hospital to which another hospital is transferring a person in need of emergency services and care may require the transferring hospital or any person or entity to guarantee payment for the person as a condition of receiving the transfer, tn addition, a hospital may not require any contractual agreement, any type of preplanned transfer agreement, or any other arrangement to be made prior to or at the time of transfer as a condition of receiving an individual patient being transferred. However, ~he pat. lent or the patient's legally responsible relative or guardian shale execute an agreement to pay for ? -Agenda emergency services or care or otherwise supply insurance or credit information promptl~ ~.~.__/~ ht~tps://www.]exjs.c~n`Jresea~c~Jretrie`~e ?-m=~99e 3cce5 ? ccb I ~e4 2? 4 l c$~23c~ ]. ~9bc&:cs¥~.. Oct-15-O~ 10:16~m From- T-OT3 P.OOg/OZO_ F-O~9 after the services and care are rendered. (i) Each hospital offering emergency services shall post, in a conspicuous place in the emergency service area, a sign clearly stating a patient's right to emergency services and care and the service capability of the hospital. (j) If a hospital subject to the provisions of this chapter does not maintain an emergency department, its employees shall nevertheless exercise reasonable care to determine whether an emergency medical condition exists and shall direct the persons seeking emergency care to a nearby facility which can render the needed services and shall assist the persons seeking emergency care in obtaining the services, including transportation services, in every way reasonable under the circumstances. (k) 1. Emergency medical services providers may not condition the prehospital transport of any person in need of emergency services and care on the person's ability to pay. Nor may emergency medical services providers condition a transfer on the person's ability to pay when the transfer is made necessary because the patient is in immediate need of treatment for an emergency medical condition for which the hospital lacks service capability or when the hospital is at service capacity. However, the patient or the patient's legally responsible relative or guardian shall execute an agreement to pay for the transport or otherwise supply insurance or credit information promptly after the transport is rendered. 2. A hospital may enter into an agreement with an emergency medical services provider for purposes of meeting its service capability requirements, and appropriate compensation and other reasonable conditions may be negotiated for these services. (I) Hospital personnel may withhold or withdraw cardiopulmonary resuscitation if presented with an order not to resuscitate executed pursuant to s, 40:~,45. Facility staff a,,~d facilities shall not be subject to criminal prosecution or civil liability, nor be considered to have engaged in negligent or unprofessional conduct, for withholding or withdrawing cardiopulmonary resuscitation pursuant to such an order. The absence of an order not to resuscitate executed pursuant to s, 401.45 does not preclude a physician from withholding or withdrawing cardiopulmonary resuscitation as otherwise permitted by law. (4) RECORD-c; OF TRANSFERS; REPORT OF (a) [. Each hospital shall maintain records of each transfer made or received for a period of 5 years. These records of transfers shall be included in a transfer log, as welt as in the permanent medical record of any patient being transferred or received. 2, Each hospital shall maintain records of all patients who request emergency care and 'services, or persons on whose behalf emergency care and services are requested, for a period of 5 years. These records shall be included in a log, as well as in the permanent medical record of any patient or person for whom emergency services and care is requested. (b) Any hospital employee, physician, other licensed emergency room health care personnel, or certified prehospital emergency personnel who knows of an apparent violation of this sec. tion or the rules adopted under this section shall report the apparent violation to the agency within 30 days following its occurrence. (c) A hospital, government agency, or person shall not retaliate against, penalize, institute a civil action against, or recover monetary relief from, or otherwise cause any injury to: :[. A physician or other person for reporbng ~n good faith an apparent vlolabon c~ thlSAgenda section or the rules adopted under this section to the agency, hosp ta, medica'l staff, or o[her interested party or government agency; ht-tps://www.i¢xis.corrdrcsca~chfretrifv¢?_m=O9%3ccc57ccb t O-c42741cS023cttOgbc&c sr..- 0ct-15-03 iO:l?~m Fr~m- T-O?3 P,OIO/020 F-029 2. A physician who refuses to transfer a patient if the physician determines, within reasonable medical probability, that the transfer or delay caused by the transfer will create a medical hazard to the patient; or 3. A physician who effectuates the transfer of a patient if the physician determines, within a reasonable medical probability, that failing to transfer the patient will create a medical hazard to the patient. (5) PENALTIE.S. (a) The agency may deny, revoke, or suspend a license or impose an administrative fine, not to exceed $ lO,000 per violation, for the violation of any provision of this section or rules adopted under this section. (b) Any person who suffers personal harm as a result of a violation of this section or the rules adopted hereunder may recover, in a civil action against the responsible hospital administrative or medical staff or personnel, damages, reasonable attorney's fees, and other appropriate relief. However, this paragraph shall not be construed to create a cause of action beyond that recognized by this section and rules adopted under this se~ion as they existed on April 1, 1992. (c) Any hospital administrative or medical staff or personnel who knowingly or intentionally violates any provision of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (d) 1. Any hospital, or any physician licensed under chapter 4S8 or chapter 459, who suffers a financial Ir ; as a direct result of a violation by a physician or a hospital of a requirement of this ~ection may, in a civil action against the physician or the hospital, obtain damages for financial loss of charges and such equitable relief as is appropriate, including reasonable attorney's fees and costs. 2. If the defendant prevails in an action brought by the hospital or physician pursuant to this paragraph, the court may award reasonable attorney's fees and costs to the defendant. (e) A physician licensed under chapter 458 or chapter 459 who negligently or knowingly violates any requirement of this section relating to the provision of emergency services and care shall be deemed in violation of the provisions of such chapters for any of the following violations: 1. Failure or refusal to respond within a reasonable time after notification when on call. 2. Failure or refusal to sign a certificate of transfer as required by this section. 3. Signing a certificate of transfer stating that the medical benefits to be reasonably expected from a transfer to another facility outweigh the risks associated with the transfer, when the physician knew or should have known that the benefits did not outweigh the risks as required by this section. 4.. Misrepresentation of an individual's condition or other information when requesting a transfer. Any fine collected for a violation of this section, including any fine collected from a physician licensed under chapter 458 or chapter 459, shall be deposited into the F;ublic Medicali'--~ ....... Assista nee Trust Fu nd,: r,," o. _~_~___~ hEps://www-]e~is.co~resoarc~tetdeve?_m=Ogge3cceS?ccbtOe4274]caO23d~Ogbc~csv... I~i~~ _ 0ct-I§-03 ]0:1?am Fro$- T-0T$ P.011/020 F-0Z9 (f) In determining whether a licensee is deemed in violation of this section and in assessing any penalties for violation, the agency shall consider, and the licensee may offer as an affirmative defense or in mitigation, whether the licensee has established that the alleged violation arose from the unanticipated changes in service capability or other factors beyond the licensee's control. (6) RZGHT$ OF PERSONS ~3EING TREATED. --A hospital providing emergency services and care to a person who is being involuntarily examined under the provisions of s. 394.463 shall adhere to the rights of patients specified in part I of chapter 394 and the involuntary examination procedures provided in s. 394.463, regardless of whether the hospital, or any part thereof, is designated as a receiving or treatment facility under part I of chapter 394 and regardless of whether the person is admitted to the hospital. HISTORY: s. 6, ch. 88-186; s. 1, ch. 89-295; s. 68, ch. 91-224; s. 4, ch. 91-24.9; ss. 24, 2.5, 98, ch. 92-289; s. 30, ch. 96-169; s. 2, ch. 96-199; s. 10, ch. 96-223; s. 182, ch. 98- 166; s. 2, ch. 99-33:[; s. 1, ch. 2000-295. NOTES: NOTE.--Former s. 395.0:[42. LexisNexis (TM) Notes: CASE NOTES TREATISES AND ANALYTICAL MATERIALS CASE NOTES Governments > Local Governments > Ordinances 8~ Re_g_u_!ations 1. Where counW ordinance required that hospitals which received injured patients from ambulance providers pay the ambulance service directly, the ordinance was in violation of state law; Fla. Stat. ch, 104"~(3)(k) required that ambulance providers be paid by patients, not receiving hospitals. TalIahassee ~em_., Req'l, Med. Ctr...y, Tallahassee Mad. (::tr., 681 ~o.__q~_A~_2.,6~ 1996 Fia, App. LEX_.~S./~0455, 21 Fla. L_Weekly D 2194 .(.F_la. Oist. Ct. A_p_p. 1st Dist,_%9_96). TREATISES AND ANALYTICAL MATE~ALS 1. 2-61 Florida Torts [~ 61.8_4., Florida Torts, DIVISION V AC/IONS INVOLVING SPECIFIC PAPC~-IES, § 61.84 Wit~hhoiding or Withdrawal of Resuscitation~ Copyright 2002, Mat-thew Bender ~ ComPany, Inc,, a member of the LexisNexis Group. FACILITIES > § 395.1041. Ace.s to emergency services and care Citation: Fla. Stat. @ 395.1041 View: Full Date/Time: Wednesday, October 15, 2003 - 9:80 AM EDT Service: Get by LEXSTAT® TOC: Florida Statules, Constitution and C~_L1. Rules.> / . / > PART I. HOSP TALS AND OTHER LICENSED . hups:l/w~w.iexis,com/research/retr~ev¢?_m=O99e3cc¢5Vccb 10¢42741 c8023d 109bc&csv,,, 0¢t-1~-05 lO:lTam From- T-OT~ P.OI~/OZO F-O~9 A__b_bO_Ut_~isNexis I .Ter~s ~_n_d_C_or]d'rtions CopydcJ.b[..~ 200:~ LexlsNmds, a division of Reed F_.lsevier In¢, All rights reserved. vL !, https://www~~exis~c~m/research/rerrieve?-m=~99e3cce57ccb~~e4274~c8~23d~~9bc&csv~~~ 0¢t-15-03 lO:lBam From- l. m Service: Get by LEXSEE~) Citation: 1996 Fla. App. LEXIS 10455 68i So. 2d 826, *; 1996 Fla. App. LEXIS 10455, ~'*; 21 Fla. L. Weekly D 2194 T-OT$ P.O13/O~O F-O~9 TALLAHA~SEE MEMORIAL REGIONAL MEDICAL CEN-rER, INC., Appellant, v. TALLAHASSEE MEDICAL CENTER, INC., d/b/a TALLAHASSEE COMMUNTTY HOSPTTAL, Appellee. CASE NO. 95-1400 COURT OF APPEAL OF FLOR/DA, FIRST DISTRICT 681 So. 2d 826; 1996 Fla. App. LEXIS 10455; 21 Fla. L. Weekly D 2194 October 11, 1996, Filed SUBSEQUENT H)~STORY: [*-1] Released for Publication October 29, 1996. PRiEOR HISTORY: An appeal from the Circuit Court for Leon County. L. Raiph Smith, Judge. This Opinion Substituted on Grant of Rehearing for Withdrawn Opinion of July 12, 1996, Previously RepoFted at: 1996 Fie. ADO. LEXIS _7.759. DISPOSITION: Case remanded to the trial court for entry of a final summary judgment consistent with this opinion. CASE SUMMARY PROCEDURAL POSTURE: APpellant regional medical center sought review of an order of the Circuit Court for Leon County (Florida), which granted summary judgment to appellee community hospital who refused to pay, pursuant to a county ordinance, for ambulance service provided by appellant. OVERVIEW; Appellant regional medical center provided ambulance service for appellee community hospital. A local county ordinance required hospitals to pay the ambulance · service for services rendered to patients delivered to or picked up from that hospital. Appellant sued after providing ambulance services for which appellee refused Lo pay. The trial court ordered summary judgment for appellee, holding that the ordinance did not provide a private cause of action. The court affirmed the ultimate decision of the trial court, but reversed the determination that no private cause of action was created. The court held that counties could determine how to subsidize emergency ambulance services because the legislature had not expressly preempted the area and because there was no regulatory scheme so pervasive as to evidence an intent on the part of the legislature to preempt the area. The court held that the ordinance's requirement that the receiving hospital pay for ambulance service was in conflict with Fla. Stat. ch.__3.95.1041 (.3)/__k)., which provided that an ambulance provider must first look to the patient for payment. OUTCOME: The court affirmed the trial court's grant of summary judgment to appellee community hospital who refused to pay, pursuant to a county ordinance, for ambulance service provided by appellant regional medical center because the provision requiring a ellee to pay was in confl ct w th a state statute requiring appel ant tO first look to: patient for payment. This opinion was substituted for a prior op nion in the same case. https://www.iexJs.com/rese~rch/retdeve? m=b09606fe~40ce53eSFaSd05f6~1449fd&:csvc--- I0/15/2-003 0ct-15-03 10:lSam From- %073 P,014/020 F-0Z9 CORE TERMS; ordinance, ambulance, patient, summary judgment, preemption, cause of action, preempted, subsidize, funding, state ]aw, provider, transportation, emergency medical, transport, partial, invalid, emergency medical services, statutory construction, local government, final judgment, state statute, unambiguous, regulation, licensing, financing, preempt, services rendered, setting forth, subsidizing, legitimate public purpose LexisNexis (TM) HEADNOTE$ - Core Concepts -. Hi__d.e_.Concepts GOv~rnu-~.~n~2s > Ll~qJ£lati~n ~ ~'nter~retatmn Hrcz_.+ When the language of a statute is clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to the rules of statutory interpretation and construction; the statute itseif must be given its plain and obvious meaning. More Like This Headnote Governments > Legjs, ladon :> lnteroretatio~ .~'~---~ fl~v2~It is error for a trial court to reiy on extrinsic aids to statutory construction when the language of a statute or ordinance is plain and unambiguous. More Like This _~.vernments > ~l:ate & Te, l~'_toriat Governments > Rela[ions Noncharter counties have broad authority to enact counb/ordinances not inconsistent with general or special law. Fla. Const. aft. VI]:, § (f). More Like Thi~ H,eadnote .G, ovemments > Sta~e ~ Teat_r. Ztp. riat Governments > .R.,eladons w;tn G0ved:n. men~ -~.~ ~~4+Zmplied preemption of an area of law by the legislature sh¢ Id be found to exist only in cases where the legislative scheme is so pervasive ~s to evidence an inten;c to preempt the particular area, and where strong public policy reasons exist for finding such an area to be preempted by the legislature, More Like ThiS Headnote Governm..e,n~t_5 :> State & TerritOrial G,o,vernments Fla. Stat. ch. 395.~O_4.J(3)(k). COUNSEL: Robert P. Smith of Hopping, Green, Sams & Smith, P.A., Ta]tahassee; .John D. .Buchanan of Henry, Buchanan, Hick, Hudson & Suber, P.A., Tallahassee, for appellant. Robert L. Hinkle and Elizabeth McArthur of Radey, Hinkle, Thomas & He. Arthur, for appellee. 3UDGE$: WOLF, .]., ~2OTH and ,IOANOS, _]_]., concur. OPINZONBY: WOLF OPZNZON: [*82_8] OPINION ON MO'FION FOR REHEARING WOLF, We grant appellant's motion for rehearing and substitute the following opinion for the original. Tallahassee Memorial Regional Medical Center, Inc. (TMRMC), formerly. Tallahassee Memorial Hospital (TMH), challenges a final summary judgment determining that section 18 of Leon County ordinance 90-22 (section 18) does not impose a duty upon appellee, Community Hospital (TCH), which is enforceable by way of [**2] a private tort action. Agsnda https://www.iex/s.com/~ese, azeh/retdeve?_m=b09606fa 140ce53e3?aSd0~f6a 1449fd&csv¢... 0ct-15-0~ 10:lSam From- 'T-073 P01§/0~0~ F-029 TMRMC: also challenges the determination in the final summary judgment that the ordinance does not create a private cause of action because such an interpretation would 1) be preempted by state statute, and 2) would result in the ordinance being unconstitutional as it would not relate to a legitimate public purpose, n~. We determine that the ordinance on its face creates a private cause of action and that state statutes do not preempt a county ordinance from determining how to subsidize emergency ambulance services. We also find, however, that the portion of the ordinance which makes a receiving hospital primarily responsible for payment for ambulance services expressly conflicts with section 395. (k)(l~., Florida Statutes. We, therefore, affirm the ultimate decision of the trial court, denying TNRMC's request to enforce section 18, but reverse and remand those portions of the final judgment which determine that no private cause of action was created, and that the Legislature had preempted the entire field of financing local ambulance service. It is, therefore, unnecessary to address the constitutional due process issue. 'I'~4RMC also asserts that the portion [**3] of the summary judc3ment striking counts II:-];V of their complaint was in error. We find no error, and affirm as to that portion of the summary judgment without further discussion. .............. Footnotes ............... n:Z Both of the parties raise other constitutional arguments as well as federal preemption arguments which were not addressed by the trial court, and which we decline to address for the first time on appeal. ............ End Footnotes TMH w~s -ratlahassee's first acute-care hospital, owned and operated by the city of Tallahassee. ;in :t972, the city, through TrvlH, began operating the local ambulance service; therefore, the ambulance sera/ice was pa~ of the city government. ;in i979, when Tallahassee Community Hospital (TCH) opened as Tallahassee's second acute-care hospital, THH reorganized as a private not-for-profit corporation and was renamed Tallahassee Memorial Regional Medical Center (TMRMC). The city of Tallahassee leased all the hospital property, including land, buildings, and equipment to TMRMC. TMP, MC continued to provide ali the services previously provided [**4] by TMH. Those services included the ambulance service, 'After TCH began emergency room services, the Florida Attorney General's office investigated complaints that TIVlRMC:'S ambulance service was violating the antitrust laws by discriminating in favor of TMRMC's hospital. In order to settle antitrust charges, TMRMC entered an agreement under which its ambulance service was to deliver patients to TCH and TMRMC without discrimination. The agreement afforded TCH various means of attempting to assure [*8:29] compliance, including the right to audit TMRMC's records, the right to monitor certain TMRMC ambulance staff meetings~ and the right to bring concerns to an independent nongovernmental ombudsman. In exchange, TC.H agreed to pay -FMRMC its charges, less an agreed discount, for each patient delivered to TC:H. The agreement could be cancelled by the attorney general with or without cause. The attorney general eventually cancelled the agreement at the reque'st of T(::H. The attorney general noted that it was possible for competition in the ambulance business to take place in Tallahassee, and that no agreement of the type originally entered was needed; therefore, the attorney generat recommended adoption [**E~] of a county ordinance under which such competition could take place. TMRMC challenged the cancellation o¢ the agreement and was unsuccessful. Tallahassee Memorial Regional Pledical C~en.t::ei~,. Inc. v. But'terwor~h, .3_8 .(Fla. !st DCA 1989) (per curiam affirmance).~J ~,o.___/~_]~ https://www.lexis.com/resea_rcbJre~eve?_m-__.b09606f¢ 140ce53e3?a.Sc~OSfCa ~ 449fd&cs,/c.-- 0ct-15-05 10:18am From- T-OT3 P.0167020 F-OZ9 At the suggestion of the attorney general, TCH proposed that Leon County adopt an ordinance setting forth standards for certificates of public convenience and necessity to regulate the provision of ambulance service, as authorized by state law governing ambulance providers. The Leon County Commission appointed a committee and developed a draft ordinance that did not include any provision for payment by TC:H for ambulance service. TMRMC prepared a provision for insertion in the ordinance (section 18) requiring each hospital to pay the ambulance service for services rendered to patients delivered to or picked up from that hospital. TCH objected to the payment provision of the proposed ordinance, asserting that it would be invalid; however, the commission adopted the proposed ordinance as amended, Leon County Ordinance 90-Z2. Section 18 of the Leon County ordinance states in pertinent part as follows: Section 18, [''6] Financial responsibility of hospitals. As long as the County's Advanced Life Support Certificate Holder is a private not-for-profit corporation and as long as its Ambulance Service is operated at a loss on an annual basis, then each hospital in the County will assist in maintaining the financial integrity of the Ambulance Service by ensuring payment for services rendered to patients brought to each respective hospital. By accepting the services provided by the Ambulance Service, each I~ospital agrees to pay the Ambulance Service for patients brought to it. Each hospital will also pay the Ambulance Service for services rendered in taking patients to and from its facility to receive special service elsewhere or to be transferred to another facility or location. As long as the Ambulance Service operates at an annual loss, each hospital witl pay the Ambulance .Service its designated rates. Each hospital is expected to seek reimbursement from the patients brought · to it. Payments made by hospitals to the ambulance service will be due within (30) days of billing by the ambulance service. Section 13 of Leon County Ordinance No. 90-22 provides in pertinent part as follows: Section 13. Civil [**7] remedies. The board or an aggrieved person may have recourse to such remedies in law and in equity as may be necessary to ensure compliance with the provisions of this ordinance, including injunctive relief to enjoin and restrain any person from violating its provisions. In a four-count complaint, TMRMC complained that TC:H had been billed in excess of $ 400,000 pursuant to the terms of the ordinance and that no payments whatsoever had been made. TMRMC's complaint sought recovery from TCH in four counts: Count I sought recovery under section 18 of the ambulance ordinance; count II sought recovery under an alleged implied contract between TMRMC and TCH (TMRMC asserted that the triage agreement addressing which patients should be delivered to which hospital was impliedly an agreement for payment); count III sought recovery in quantum meruit; count IV sought recovery under the theory of unjust enrichment, TCH answered the complaint, denying many of TMRMC's substantive allegations and setting forth affirmative defenses, including [*8;30] that section 18 was unconstitutional, inconsistent with federal and state law, and beyond the authority of the Leon County Commission; that TMRMC [~'8] had repeatedly violated the ordinance; and that in any event, the conditions precedent to payment under section 18 did not exist. TCH also counterclaimed, seeking a declaration that section 18 is invalid and setting forth claims for damages for~ among other things, TMRMC's delivery of paying patients to TMRMC who properly should have been delivered to TCH, and dumping of nonpaying, patients at TCH who should have been delivered to TMRMC. After discovery, T£H moved for partial sum'mary judgment, arguing the invalidity of Secti~ htrps://www.]¢xis.com/research/rctfiev¢?_m=b09606fe 140ce53¢37 aSd05 fda/449fd&csvc... 0ct-t5-03 10:lg~m From- T-0T3 P.01T/020_ 18. TCH, in support of its motion, filed the various affidavits and depositions. TMRMC filed an affidavit in opposition to the motion. The hearing was held on September 27, :1993, at which the court took TCH's summary judgment motion under advisement. TMRMC: conducted additional depositions which were filed on November 9, ;L993, and became part of the record. The court granted TCH's partial summary judgment on June 8, 1994, holding section 18 invalid and unconstitutional as a violation of the takings clause, due process, and equal protection. The partial summary judgment was vacated as to count I in the final judgment being appealed, n2 .............. Footnotes ............... n2 In granting TCH's motion for partial summary judgment, the court dismissed with prejudice count I of TMRMC's complaint, and entered a declaratory judgment for TCH on count I of the counterclaim. An appeal was filed from that order, which was dismissed by this court because there was no appealable ordeo based on the continued pendency of counts II through 1W of TMRMC's complaint, and counts II through VII of TCH's counterclaim. ............ End Footnotes .............. [**9] In the final judgment which is presently on appeal, the trial court did not specifically rule on the due process claim, but stated, If section 18 of the ordinance was not designed solely for the purpose of protecting individuals in need of emergency medical transport, but instead to protect the financial viability of -Ft4RMC's ambulance service, TMRMC would be the only member of the protected class. The financial protection of a particular business is not a valid government purpose. If section 18 does'not reasonably relate to a legitimate public purpose, it is invalid and unenforceable pursuant to the Due Process Clauses of the Florida and United States Constitutions. U.S. constitutional amendments V. 8~ XIV; article ]:, section 8, Florida Constitution; Depa.~m. ent of Ins. v. Dad.e County Consumer Advocate's Office, ~492 So. 2d 1032 (Fla. 198,_6~).; Metropolitan Life In$_~.~.o.v. Ward, 470 U.;..~, 869, 105 %. C.t. 1676, 84 L. Ed. 2d 7.5.~. (1985). Accordingly, even if section 18 of the ordinance is a valid exercise of the county's police power, it does not constitute a valid basis for recovery in tort by the plaintiff. TN'RMC appeals from the trial court's determination, n3 .............. Footnotes ............... n3 As previously stated, we specifically decline to rule on appellant's due process claim, but would note that questions of fact may still remain in determining the necessity for subsidizing ambulance services and whether TCH receives any benefits from the service. ............ End Footnotes .............. [*'10] We first must determine whether the explicit language of section 18 and section 13 of the Leon County ordinance demonstrates an intent to create a private cause of action to enforce the ordinance. The plain meaning of statutory language is the first consideration of statutory construction. Acosta v. Richter. E,~.71 So. 2d :149, ],5.3 (Fla. 1996.~. HNl~'.When the language of a statute is clear and unambiguous and conveys a clear and definite meaning, .there is no. occasion for resorting to the rules of statutory interpretation and construction; the itself must be given its plain and obvious meaning." C,S, and ].S.v.. _S.H--...and. K.H., 671 S_o.? https://ww~v.]e×is.comJresearchJreLdev¢?_m--b09606¢e 140c¢53e3?a5 d05f6a ] 449fd&csvc-.. 10/] 0ct-15-03 lO:19am From- T-O~3 P.OI$/OZO F-OZ9 2~d_2_6.0~_2_68_.(Fla..4th D.C~_.~99_.6J, ~~2~It is, therefore, error for a trial court to rely on extrinsic aids to statutory construction when the language of a statute or ordinance is plain and unambiguous. Smith v. C~..wford, 645 So. 2d_513 (Fie. 1st DCA 1994). The plain and unambiguous terms of section 13 of the ordinance is to create a civil cause of action for aggrieved parties. Section 18 was clearly intended ['8;31] to provide relief for the ambulance service provider if it was operating at a loss. The trial court, however, relied on tools of statutory construction [*'11] to ignore the plain meaning of the language within the ordinance. Therefore, the trial court's ruling that the ordinance failed to create a cause of action on behalf of TMRMC constituted error. Smith v. Crawford, s_~.pra. We are next faced with the trial court's determinatian that "to the extent that section purports to do so [create a cause of action], it is preempted by statutes covering the same subject matters." HN~Noncharter counties have broad authority to enact "county ordinances not inconsistent with general or special Iaw." Art. V~I, § ;l(f), Fla. C:onst.; .St. 3ohns County v. Northeast Florida Ho~ebuilders Ass'n, 583 So..2d..635 (Fla. ~991). In Santa Rosa Co.u_n_ty v. _G_u_[f__P_..o~.e_r. Co., 635 So. 2d 96 [Fla. !st DCA 1994~, we determined that section ~2.5..01(1}, Florida Statutes, gives counties broad power to govern "to the extent not inconsistent with general or special law." There are, however, two separate and distinct ways that a local government ordinance may be found to be inconsistent with state law: First, if the Legislature has preempted a particular subject area, Speer v. Olson, 367 So. 2d 207 1978); and second, in those cases where both a local government [*'12] and the state have authority to legislate in a particular area, the local government ordinance must not specifically conflict with state statute. T~..o~as_v.._~.t.~.t~_,_6~4. So. 2d 468 .[Fla. 19_9.3); Qj_tY_0_f Casselberry v. Orange £oun~ police E~enevolent Ass'n,_~,B2 So. 2d 336 (Fla. 1786). In Santa Rosa___C.o_~__n_ty, sup__~, we recognized that there were two types of preemption: expressed or implied. 635 So. 2d at 101. In cases where the Legislature expressly or specifically preempts an area, there is no problem with ascertaining what the Legislature intended. Implied preemption, however, is a more difficult concept. The courts should be careful in imputing an intent on behalf of the Legislature to preclude a local elected governing body from exercising its home rule powers. St ]ohns County, supra; Santa Rosa County, supra. H~'~Implied preemption should be found to exist only in cases where the legislative scheme is so pervasive as to evidence an intent to preempt the particular area, and where strong public policy reasons exist for finding such an area to be preempted by the Legislature..Tribune_C.o....v. Cannelfa, 458 So. 2d_~..075 (Fla. 1984), rev. dismissed, 47~ U.~ [**:I.3_.i_. 1096,_.~_05 S. Ct. 2315,_.8_5_L.._ Ed. 835_(_~_9~5_); Hillsborqugh County v. Florida R..estaurant Ask'n, Inc., 603 S_o.-..2d 587 (Fla. 2d DCA 1992~_. The scope of the preemption should also be limited to the specific area where the Legislature has expressed their will to be the sole regulator. St. 3ohns County v. _Northeast Builders Ass'n,_supra (the existence of one funding mechanism by the Legislature does not preclude the county from adopting additional funding mechanisms); Santa Ro~s~.~ County v. Gulf Power Co.., supra (the existence of a pervasive scheme of regulation by the Legislature over an electric utility does not preclude the county from adopting a franchise fee for the use of county right-of-way). In the instant case, appellee argues that the extensive regulatory and licensing procedures established in chapter 401, part III, and chapter 395, Florida Statutes, precludes th~ county from adopting section 18 of the ordinance. In part, appellee relies on County. of Volusia v. ~i .ty~. of Daytona Beach, 42Q_S.o. 2d 606 (Fla. 5th DCA ;~g_82); In County of Volusia, the court relied on an expressed statutory preemption contained in sectj_o_0 401.2~[$), Florida Statutes, concerning [~Z4] regulation of medical transportation services in order to uphold Volusia County's denial of the city of Daytona Beach's request to provide medical transportation services. The court held that the licensing authority was expressly preempted to the county. In the instant case, the dispute concerns the authori._t~~ of the county to provide for alternative funding mechanisms to subsidize emergency me~i~i https://www.lexis.com/research/retrieve?_m=bO9606fe 140ce53e37aSdO5f6a! 449fd&csvc... 10/1 T-OT~ P.01~/O~O F-O[g transportation services. The issue does not involVe the regulation or licensing of services. In addition, unlike Volusia County, supra, the instant case questions whether the state has preempted the county's powers, not whether the state intended to provide sole power to the county. The Volusia County case is, thus, inapplicable, in addition, neither the constitution nor the statutes contain a specific preemption of [*8:32] the county's authority to subsidize the emergency medical services. In Harris v_. Wilsonr 656 So_...2_~d 512 (Fla. 1st DCA !995), we recognized that while the area of taxation is expressly preempted to the state by article VIL section 1 of the Florida Constitution, other forms of financing are not. See also CitAL.o.f.B_oca Ra.ton..v._State, 595_5_0. 2d 25, 29.(Fla. [*'1.5] 1992).., n4 .............. Footnotes ............... n4 In its brief, appellee argues that the financing mechanism contained within section $8 of the ordinance constituted an illegal tax. See S__t~.te v. City of Port Orange, 65_.0 So. 2d 1...~la~. 1994),. this argument was neither ruled on by the trial court nor fully developed. We, therefore, decline to address it. ............ End Footnotes .............. The statutory sections contained in chapters 395 and 40l related to funding also do not expressly constitute a preemption of the count3t's authority to subsidize emergency medical services. While sec~;ion 395.1041(:3_)~_g_)., Florida Statutes (1993), deals with a mechanism of funding emergency medical services, there is nothing in the statute which would indicate a desire to preempt the county's authority to subsidize this funding through its home rule power. See St. ]ohns County, supra. In addition, there is no public policy reason for precluding the county from subsidizing this service through an equitable fee; to the contrary, the sul2sidization of this required service would appear to be [**;[6] a public necessity. We, therefore, find that no preemption of the subject area existed. We next address the final issue: If the county had the power to adopt ordinances to subsidize the emergency medical transportation provider, did the method they chose expressly conflict with state statute. Section 395.104Z(3)(k)l, Fla. Stat., specifically governs who pays for ambulance services and when a payment agreement can be required: ~~5~+Emergeno/medical services providers may not condition the prehospital transport of any person in need of emergencY services and care on the person's ability to pay... However, the patient or the patient's legally responsible relative or guardian shall execute an agreement to pay for the transport or otherwise supply insurance or credit information promptiy after the transport is rendered. (Emphasis added). Thus, state law requires the ambulance provider to first look to the patient, not the receiving hospital for payment. It also contemplates that the service provider will be the party who attempts to collect from the party receiving services prior to seeking supplement-a] funding. Section 18 makes the receiving hospital primarily responsible for [**:L7] paying for the ambulance service. The ordinance then requires the receiving hospital to seek reimbursement from the patients brought to it. This method of collection contained in section 18 is in con~gict with state law and must fail, See _Thomas v. St_a_t.ej 614 So. 2d 468 (Fla..~9~93}, We are unable to sever the collection method contained in section 18 from the rest of the section as written; therefore, we must invalidate tee entire section, n5 We remand the case to the trial court for entry of a final summary judgment consisteRt-~itb~ this opinion....;. arch/retrieve'~ rn bO9606fe 140ce53e37a5dO5f6a 1449fd&csvc hrtps://www.Iexi s.com/rese ' -_ = 0ct-15-03 lO:20am From- T-O?3 P.020/020 F-O2g .............. Footnotes ............... n5 We specifically note that this holding does not preclude the county from providing a method of subsidizing emergency medical transportation services which would be consistent with state law. ............ End Footnotes .............. BOOTH and JOANOS, ]]., concur. Service: Get by LEXSEE® Citation: 1996 Fla. App. LEXIS 10455 View:. Full Date/Time: Wednesday, October 15, 2003- 9:35 AM EDT ' Signal Legend: ~ - Warning: Negative treatment is indicated ~- Caution: Possible negative treatment ,~- Positive treatment is indicated O - Citing Refs. With Analysis Available O- Citation information available · Click on any Shepard's signal to Shepard-~e~that case. 6bAut__L.e-~s---N.e~.s I _T.~rms and CopYright ¢). 2003 LexisNexls, a division ¢Jf Reed Elsevier Inc. Ail fights reserved. https://www~]¢×is.c~m/research/r~t~cve?-m-~b~96~6f¢~4~cc53¢3?a5d~5f6a]~449fd&~csvc~.; !0/15/Z003 ' 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 Stewart Mining 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 approximate 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-xvay 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. 2002-.M~-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. FISCAL IMPACT: The Community Development Fund, Development Services (131) has or will receive $11,000.00 in revenues broken out as follows: Application Fee Yardage Fee $1000.00 $10,000.00 $11,000.00 TOTAL FEES AC~NDA ITEM OCT 2 8 2003 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 xvater 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 xvas 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 thc monitoring of' uses on neighboring properties. The motion was seconded by Mr. Carlson and was approved 7 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. 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 "Stexvart Earth Mining" with the following stipulations: 1. The permittee shall obtain a South Florida Water Management District Environmental Resource Permit or permit modification for this site. 2. The site shall be cleared of all exotic vegetation and maintained exotic-flee in perpetuity. 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 m Ac, rrnA ~ 2 OCT 2 8 2003 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 including haul truck operation are only permitted from 6:30 AM until 7:00 PM, Monday through Saturday. The excavation shall be contained by a berm constructed to the height of the SFWMD 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 prior to approval of the FSP or SDP for the abutting residential. 7. Excavation depth is limited to 85 ft below original grade. 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. The excavator will submit quarterly water quality monitoring reports to the Collier County Environmental Services Department for the t'~~,~ year, at which time the frequency of the reports will be reconsidered. The monitoring will address possible pollution sources from materials stored and used on-site and from pesticides applied to adjacent citrus operations. Ground xvater testing prior to the start of operations will be required. 10 Prior to excavation activities commencing, the Excavation Permit will be reviewed by he Collier County Stormwater Department, its successors and/or assigns 11 .The permittee shall reserve 50' on the eastern side of their property for a possiJe~ future road R.O.W. connection from Westclox to SR 82 along the eastern edge of the permittee's property aligning with the haul road. This land will be donated to the County, at no expense to the County, and otherwise be consistent with LDC provisions for land donations. 3 PREPARED BY: STAN MANAGER DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING SERVICES DIRECTOR APPROVEDBY: JO~'fE)H K_. S_CH_ _~_IT~T, ADMINISTRATOR DATE CO(~I~MUNITY DEV. AND ENVIRONMENTAL SVCS. 59.731 EX SUMMARY'SC/It,'EAB Excc. Summ. 4 AGENDA ITEM OCT 2 8 2003 EXECUTIVE SI~5IMARY REQUEST BOARD APPROVAl, TO ACCEPT A (;RANT FOR $2(}0,000 UNDER THE FLORIDA ECONOMIC DEVELOPMENT TRANSPORTATION FUND PROGRAM; APPROVE AN AGREEMENT BETWEEN 'FILE FLORIDA OFFICE OF TRADE, TOURISM AND ECONOMIC DEVELOPMENT AND COLLIER COUNTY; APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $200,000; APPROVE A RESOLUTION ASSUMING FUTURE ROAD MAINTENANCE; AND APPROVE A ROAD MAINTENANCE AGREEMENT BETWEEN TtlE COUNTY AND TttE NORTH NAPLES GOLF RANGE, INC. OBJECTIVE: Approve a request to accept a State of Florida Economic Development Transportation Fund (EDTF) Program grant for 5200,000, and an associated budget amendment for that amount, to help pay for intersection improvements and road construction into the recently designated Research and Technology Park in Nc rth Naples on behalf of March Performance. Also, approve thc requisite resolution assuming fitturc road maintenance responsibilities while ratifying the prior approval of a road maintenance agreement between the County and the developer, North Naples Golf Range, Inc. CONSIDERATION: March Performance is a family-owned and operated company currently located in Michigan that designs and n~anut'acturcs high pcrfi~rmance auto parts. The company is expanding its operations and has considered sites in Florida as well as their home state. The firm has grown 15-30% in the past ten ?ars, and cmph~ys 45 people at its current location. The Collier location would be their new corpo:.',~, headquarters creating 40 new .jobs, including a research and design component. Under the EDTF guidelines, an agreement between the Stute Office of Trade, Tourism and Economic Development (OTTED') must be executed within 90 days of receipt of the award letter, which was received 5/15/03. As part of thc Agreement, the County must accept future maintenance of the proposed improvements via Resolution. On July 29, 2003, the BCC adopted Resolution No. 03-232 wherein the county accepted future roadway maintenance responsibilities via a rond maintenance agreement between the County and the developer. Subsequent to the adoption of Resolution NO. 03-232, the county received correspondence from the State of Florida, Office of the Governor, which indicates that the state will not authorize the release of funds unless the County includes the roadwpy :~ the county roadway system and assumes all furore roadway maintenance responsibilities. No project costs can be incurred and funds released by the state of Florida until all terms of the agreement betveeen OTTED and the County have been complied with and the requisite resolution is adopted by the BCC. FISCAL IMPACT: As no local match is required, there is no direct fiscal i~npact. As provided by the program guidelines, a request ,,,,,ill be made to OTTED for a lump sum payment up front for the entire grant amount which must be held in an interest-bearing account to fulfill eligible draw-down requests fi'om the developer. If OTTED docs not provide this lump sum payment up front, funds will need to be allocated by Collier County from general revenue or another dedicated funding source as determined by the County Manager. }lowever, this is a reimbursable grant and thus the County will bear no direct cost. OCT 2 8 2003 Although not included in the attached resolution, the developer has agreed to accept responsibility of road design, engineering and construction as well as any cost overruns and furore maintenance. Transportation Division staff has been kept abreast of this project, and has had input on drafting the attached resolution. A project manager will be assigned to administer the grant funds, which could entail approximately ten hours per month for probably not more than 6 months, to include quarterly progress reports and a final termination report. JUSTIFICATION: The direct local economic impact of this project is estimated to be $5.88 million within one year of project completion, plus an additional $49,971 in new ad valorem taxes collected annually (based on 2001 millage rate, not including land value). Without the financial incentive, the company will most likely not locate its operations to Collier County and may make the decision to locate elsewhere. GROWTH MANAGEMENT IMPACT: March Perfom~an,ce is a high wage and high tech industry employer, paying 185% of the County's average annual wage. Adding a company of this stature to the local economy will help to achieve the goals of the Economic Diversification Program approved by the Board in January 1997. RECOMMENDATION: That the Board of County Commissioners: 1. Permit staff to accept the grant under the Economic Development Transportation Fund program by authorizing the Chairman to sign the attached agreement between the State Office of Trade, Tourism and Economic Development and the County; 2. Approve the necc>:sary budget amendment: 3. Accept future road maintenance by authorizing the Chairman to sign the attached requisite resolution; 4. Acknowledge and ratit~ the attached roadway and maintenance between Collier County, Florida and North Naples Golf Range, Inc. Trustee for SJG Land Trust, which was previously executed by the~parties,,, on 29t? day ofifi, uly, 2003. DATE: / SUBMITTED BY: :2kandall Cohkn, Manager Community Redevelopment Section REVIEWED BY: REVIEWED BY: Stan~itsinger~, Director Com~nsive P~nning Department 1~o~ Feder,/~ICP, Administra T~nsportation Services Division : /~~dministrator Com~nity Development and Environmental Services DATE: fid .,,Lo-o) DATE: DATE:/;, OCT 2 8 2003 RESOLUTION NO. 03 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPLACING IN FULL RESOLUTION NO. 03-232; SUPPORTING MARCH PERFORMANCE, INC., AS A QUALIFIED APPLICANT PURSU,~NT TO SECTION 288.106, FLORIDA STATUTES; ASSUMING ROADWAY MAINTENANCE RESPONSIBILITIES FOR A ROAD TO BE CONSTRUCTED INTO THE NORTH NAPLES RESEARCIt AND TECHNOLOGY PARK AS REQUIRED BY SECTION 288.063, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DA '~E. WItEREAS, it is the policy of the State of Florida and Collier County to encourage the growth of high value-added employment and the economic base by providing economic inducements to qualified targeted industries that create high-wage job opportunities; and WHEREAS, March Performance currently has its operations and corporate headquarters in Michigan but is considering a move to Collier County, Florida; and WHEREAS, March Performance will create up to 40 net new jobs in Collier County by March, 2004; and the average wage for the additional jobs wilt total $54,570.00, which is 185% of the Collier County's 2000 average wage; and WttEREAS, Collier County has applied for $200,000 in funding from the State of Florida through the Economic Development Transportation Fund as an enticement for March Performance, a manufacturer and designer of components for high performance automobiles, to locate to Collier County, Florida; and WHEREAS, Collier County was awarded $200,000 in grant funding from the State of Florida through }he Economic Development Transportation Fund to construct a 2-lane access road from Old U.S. 41 to the proposed site of March Performance in the newly designated North Naples Research and Technology Park, along with left and right turn lanes on Old U.S. 41 at the access road ("the Project"); and x, VHEREAS, construction for this Project will be contracted out by either the County or the developer of the Project, as outlined in County bid procedures; and WHEREAS, after construction, the new roadway xvill become a part of the County transportation system; I of 2 WHEREAS, the State requires County as the grantee, to provide a resolution, adopted by the Board of County Commissioners, accepting maintenance responsibility of said transportation improvements; and WHEREAS, it is the intent of Collier County to assume maintenance responsibility of the new roadway as required by Section 288.063, Florida Statutes; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board of County Commissioners hereby assume future roadway maintenance responsibility for' the Project's access road located at the entrance into and on the North Naples Research and Technology Park. BE IT FURTHER RESOLVED that the necessary commitment of local support contingent on March Performance maintaining the jobs during the life of the incentive and ensuring that its hiring practices are consistent with and reflect the diversity of the Collier County commtmity. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK COLLIER COUNTY BOARD OF COLVNTY COMMISSIONERS · Deputy Clerk By: Tom Henning, Chairman Approved as to form and legal sufficiency: Patrick ~. White Assistant County Attorney 2 of 2 OCT 2 I Prepared by: Patrick (3. White, ACA Office of Collier County. Attorney 3301 Tamiami Trail East Naples, FL 34112 ROADWAY MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA, AND NORTH NAPLES GOLF RANGE, INC., TRUSTEE FOR SJG LAND TRUST THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day, of ~_O{~ ,2003, by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County") whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and the NORTH NAPLES GOLF RANGE, INC., TRUSTEE FOR SJG LAND TRUST (hereinafter referred to as "THE TRUSTEE") whose mailing address is: 16979 Old U.S. 41, Naples, Florida 34110, for the roadway improvements and the roadway maintenance of the below described proposed road into the North Naples Research and Technology Park. RECITALS WHEREAS. the Trustee desires to provide a road right-of-way into the nexvty created North Naples Research and Technology Park, to provide public access to the proposed site of March Performance; and WHEREAS, the County has been awarded a $200,000 grant from the State of Florida Economic Development Transportation Fund to pay for eligible expenses associated with the construction of the proposed roadway; and WHEREAS, this proposed roadway is within both the boundaries of the County; and within the property of the Trustee; and WHEREAS, the Trustee desires to perpetually maintain the proposed roadway, once constructed; and WHEREAS, the County and the Trustee believe that this Agreement is ~ interest of, and will provide a substantial benefit to, the general public. 1 of 5 OCT 2 8 2003 D , NOW, THEREFORE, in consideration of the tbregoing Recitals and other good and valuable consideration, the receipt and sufficiency, of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, it is agreed by the Parties as follows: roadway. The Trustee will, pursuant to the terms of the attached Agreement between the State of Florida and Collier Count',' i, hereinafter referred to as "Agreement OT03- 101" attached, as "Exhibit A"), complete the design work for the proposed roadway in accordance with Florida Department of Transportation standards. In general, the Project consists of: I) constructing a two-lane access road from Old U.S. 41 into the North Naples Research and Technology Park to the proposed site of March Performance, 2) construction of left and right turn lanes from Old U.S. 41 to the access road into the North Naples Research and Technology Park. As provided ~br in ,,\greement O1-03-t01, item 6.0, the monies received from the State of Florida Economic Development Fransportation Fund program will be used to pa,,,, for all eligible costs associated with the project, up to $200,000. Any cost overruns beyond and this agreement x~ill be paid by the Trustee. The Project will be completed by February 16. 2004, unless other,vise extended by' County approval of' a '`witten request and agreement. .Alter construction of the proposed roadway and Count).' approval, the Trustee will be responsible for maintenance of the said roadway. Maintenance must com~ly with the standard Collier County Road Maintenance De!,2Ilment oi' the Transportation Services Division specifications and any' other applicable standards or requirements. The Trustee expressly agrees for itseIf, its successors and assigns, not to use the" proposed roadway in a manner which would interfere with or adversely affect the traffic operation or maintenance of the existing adjacent roadways. The Trustee, its successors and assigns, expressly grants that the County will have a perpetual right of access and use tbr the benefit of the public, along with, a perpetual right of passage for public pedestrian and vehicular traffic alon~ the said 2 of 5 OCT 2 8 2003 6. Should the Trustee fail to maintain the improvements in accordance with County approved plans and specifications, the County may provide notice to the Trustee in writing, specifying the nature of the deficiency in maintenance. Within ten (10) working days of receipt of kuch notice, the Trustee will cause the appropriate repairs to be effected, at no cost to the County. In the event damage to, or failure to maintain the improvements results in a situation where public safety is at risk, the County may, at its option, effect repairs to the improvements itself, without the need for prior notice to the Trustee, and present the bill to the Trustee for all actual costs incurred in effecting the repairs. The Trustee will cause these actual costs to be reimbursed to the County within thirty (30) days of receipt of the County's bill. 7. The Trustee, as it pertains to initial construction, and as it pertains to maintenance, will indemnify and save harmless the County from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, losses, fines, penalties, interest, expenses, costs, or ~judgments, including attorneys' fees and costs of litigation, against them arising out of the Trustee's use of the proposed said roadway for the purposes set forth in this Agreement to the extent such use violates the terms of this Agreement. 8. County' agrees to give the Trustee ~a-itten notice of an)' claims filed against the County' in connection with this Agreement within thirty (30) day's of the date that the County is aware of such claim. The Trustee will indemnify the County for any and all losses or damages the County may suffer in connection with, arising or resulting from, the construction or installation of the landscape described in this Agreement. Fm-ther, the Trustee will indenmify the County for any and all losses or damages the Count)' may suffer in connection with, arising or resulting from, the maintenance of the proposed roadway as described in this Agreement. - 9. The Trustee will secure liability insurance in the amount of $500,000 in a policy acceptable to the County, naming the County as additional insured. Said policy will be in place prior to the execution of this Agreement. 10. This Agreement will remain in full force and effect from the date it is recorded in the Public Records of Collier County, Florida and until the earliest to 3 of 5 either (i) the County implements any plan that modifies the new roadway, or (ii) the County determines that the construction causes a safety or capacity issue. 1 I. This Agreement will be effective upon recording in the Public Records of Collier County, Florida, and the benefits and burdens established hereby will inure to and be the obligation of the Parties and their respective heirs, successors or assigns. 12. This Agreement constitutes the entire understanding among the Parties and any previous agreements, whether written or oral, are superseded by this Agreement. 13. This Agreement may only be amended by written agreement of both Parties. 14. Provided the construction of this project has not yet commenced, the County may terminate this Agreement by giving the Trustee sixty (60) days written notice. 15. This Agreement will be governed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED:., P,t,(.20 ' ATTES,T~ ..... ' DWIGHT E. BROCK;~CIerk ~ ~ilt~i' ~0fl. lli. ?:'- ,. 6¥ed a. 7 'f6rm and legal sumciency: Patrick G. ~ite Assistant County Attorney BOARD OF COUNTY COMMISSIpNERS O~F COLLI~./C O UN~:Y~L By: -----.J~.~ j TOM HENNING, Chairman (Additional Signatory and Witnesses on next page) 4of5 Vfi~ri~s~s ~Signature.?/~' Printed nafne - · Printed name NAPLES GOLF RANGE, INC., A' FLORIDA CORPORATION, AS IRUSTEE OF THE SJG LAND TRUST AGREEMENT, U/A DATED 5/29/97 JAMES M. GOLDIE Secretary and Treasurer (Corporate Seal) 5of5 OCT 2 8 20O?; EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD ADOPT A RESOLUTION OF NO OBJECTION TO THE ENACTMENT OF A BILL BY THE FLORIDA LEGISLATURE CREATING AN INDEPENDENT SPECIAL DISTRICT UNDER CHAPTER 189, FLORIDA STATUTES, TO BE KNOWN AS THE BIG CYPRESS STEWARDSHIP DISTRICT. OBJECTIVE: To have the Board adopt a Resolution of no objection to the creation of the Big Cypress Stewardship District for presentation to the Collier County Legislative Delegation on November 25, 2003. BACKGROUND: On October 14, 2003, Collier Enterprises, Inc. petitioned the Board to direct the County Manager to return on October 28, 2003 with a recommendation on adoption of a resolution of no objection to the creation of the Big Cypress Stewardship District. During this interim period, county staff, the County Attorney, the County Manager and Collier Enterprises have conferred and developed a concise and far reaching resolution for consideration by the Board with noteworthy commitments by Collier Enterprises. Inc. CONSII)ERATIONS: Big Cypress Ste~ardship District is proposed as an independent special district under Chapter 189. Florida Statu .. and will function as a special purpose local government not deemed by staff to bc in co,,,]ict with the interests, powers and authority of the Board of County Commissioners. ltowever, as an independent special district, the Big Cypress Board of Supervisors. elected on a one acre-one vote basis, may levy up to 10 mills of ad valorem taxes within the District. This authority would only be of significance to the BCC it' thc ad valorem tax levy within the District rises to such a level that the total tax burden on District residents results in opposition to the annual MSTD General Fund (I I I) millage proposed by the BCC. Staff has prepared and attached an executive summary of the key attributes of ~hapter 189 special districts to assist the Board in it's review and deliberations on the Resolution of no objection. Co!lier Enterprises, Inc. has also provided a very helpful FAQ paper on Big Cypress Stcv~ar,.iship District which is attached to this Executive Summary. The proposed bill to be sponsored by the Collier County Legislative Delegation is consistent with the Resolution by the BCC and is also attached for your review. FISCAL IMPACT: Adoption of this Resolution of no objection to the enactment of the Big Cypress Stewardship District bill will result in the transfer of right-of-way in fee simple title to the County to accommodate six-laning of Immokalee and Oil Well Roads within the District. Additionally, a proportionate share capital construction funding contribution will be negotiated with the District within 90 days of enactment of the bill by Legislature. OCT 2 (;ROWTH MANAGEMENT IMPACT: The proposed Big Cypress Stewardship District is consistent with the Grov,'th Management Plan and will further the realization of the goals of the Rural Lands Stewardship Area iRk, SA). The right of way donation and capital roads construction fair share contribution will help sustain adopted levels of service standards (LOSS) for roads and the Concurrency Management System. STAFF RECOMMENI)ATION: That the Board adopt the Resolution of no objection to the creation of the Big Cypress Stewardship District and forward it to the Collier County Legislative Delegation. Attachments PREPARED BY: ~ )ATE: Stan Litsingcr., Director. Comprehensive Planning Department TE: /O r-,'.9,-,,~--'~2 REVIE~VED BY: ~ L~~ Joseph K. Schmitt ~ ~ Comnmnity Dcveh)pmcnt and knvnon' ...... mental Services Administrator APPROVED BY: James V. Nludd. P.E. County Nlanagcr I)ATE: OCT 2 2003 EXECUTIVE SUMMARY Chapter 189 Florida Statutes, Special Districts PURPOSE To provide general provisions for the definition, creation and operation of special districts. · Have one centralized location for all legislation governing special districts · hnprove enforcement of statutes currently in place that help ensure accountability · Improve coordination and communication between state agencies and between special districts and other local entities · Move toxvard greater uniformity in special dislrict elections and non-ad valorem assessment collection procedures at the local level · Encourage creation of municipal service laxing units and service benefit units for providing municipal services m unincorporated county areas · There is a need for uniform, focused and fair procedures in state law to provide a reasonable alternative for the establishment, powers, operation and duration of independent special districts · SDs are a legitimate alternative method for use by the private alld public sectors to manage, own, operate, construct and finance basic capital infrastructure, facilities and services. · Grox~,h .md development issues transcend the boundaries and responsibilities of individual units of government, and often no single unit of government can plan or implement policies to deal with these issues v,'/o affecting other units of government · The provision of capital infrastructure, facilities and services for the preservation and enhancement of tile quality of life of the people of this state may require the creation of multicounty and mulitjurisdictional districts HOW SPECIAL DISTRICTS ARE CREATED A Special District is created in the following ways: · A municipality may create a SD, established by ordinance · A county may create a SD, adopted by a charter · The Governor and Cabinet may create a SD, established by rule, and may also approve a charter created by county · Two or more counties may create a regional SD in accordance with s. 950.001 or s. 373.1962 or s. 163.567 Except as otherwise authorized by general law. only tile Legislature may create ISDs. It is the specific intent of the Legislature that dependent special districts shall be created at the prerogative of the counties and municipalities and that independent special districts shall only be created by legislative authorization. OCT 2 2 ,13 8/1512003 Comprehensive Planning Section '3 Special district means a local unit of special purpose, as opposed to general-purpose, government within a limited boundary, created by general law. special act, local ordinance, or by rule of the Governor and Cabinet. The special purposes of special districts are implemented by specialized functions and related prescribed powers. Dependent special districts nmst meet at least ()ne of tile folloxving criteria: · Membership of its governing body is identical to that of a single county · All member of its governing body are appointed by the governing body of a single county or municipality · During their unexpired terms, members of the special district's governing body are subject to removal at will by the governing body of a single county · The district has a budget that requires approval though an affirmative vote or can be vetoed by the governing body of a single county Independent special districts are not dependent special districts as defined above and include more than one county unless the district lies wholly within the boundaries of a single municipality MIN LVI UM REQUIREMENTS General laws or special acts that create or authorize the creation of special districts must address the following in their charters: · Powers. functions and duties of the district regarding ad valorem taxation, bond issuance, other revenue-raising capabilities, budget preparation an, .pproval. liens, and foreclosure of liens, use of tax deeds and tax certificates as appropriate /'or non-ad valorem assessments, and contractnal agreements · Membership and organization of the governing board of the district. If a district uses a one acre/one vote election principle, it shall provide for a governing board of 5 members. · Maximum compensation of a governing board member · Administrative duties of tile governing board · Applicable financial disclosure, noticing and reporting requirements · Procedures and requirements for issuing bonds · Procedures for conducting any district elections or referenda required and the qualifications of an elector of the district · Methods for financing a district · Planning requirements · Geographic boundary limitations · Explanation of why the district is the best alternative · Declaration that the creation of the district is consistent xvith the approved local government comprehensive plans GOVERNANCE Elections · Elections in a DSD shall be conducted by the Supervisor of Elections 8/15/2003 Comprehensive Planning Section Elections in an lSD may be conducted by the Supervisor of Elections, however, if they are not, then the ISD must report to the supervisor in a timely manner and follow Florida Election Code Elections based on I acre/ I vote principle, require a referendum to determine whether qualified electors should elect certain members of the governing board. A petition signed by at least 10% of at least 500 qualified voters must be filed with the governing board and supervisor of elections. Urban area maps shall be presented to the governing board and any landowner or qualified elector may contest the accuracy of the urban maps. Accu,-acy shall be determined and the maps shall be adopted as tile official maps for the determination of tile extent of the urban area and the maps shall be updated and readopted every 5 years. Governing Board · Members of the board shall be elected in accordance with the following determinations of urban area 1. urban areas constitute 25% or less of the district, I board member shall be elected by electors and 4 shall be elected ~v/the 1 acre/ I vote principle 2. 26 - 50% urban areas, 2 members shall be elected by voters and 3 by I acre/ 1 vote 3. 51 - 70% urban areas. 3 members elected by electors and 2 bv 1 acre/l vote 4. 71 - 90% urban areas, 4 members elected by electors and 1 by I acre/1 vote 5. 91% or more urban areas, all members elected bv electors · All governing board members serve a term of 4 years except members electcd at the first election and the first landowners' meeting following the referendum. · Qualifications are pursuant to the Florida Election Code and only apply to those governing board member candidates elected by qualified electors Landowner's Meetings · An annual landowners' meeting shall be held as long as there are governing board members elected on the I vote/ 1 acre principle. If electors elect all members, there will be no landowners' meetings. · 50% of all acreage in a district is not required; the member shall be elected by a majority of the acreage represented. · All landowners' meetings shall be set by the board within the month preceding the month of the election of the governing board members by electors Bond Issuance If no referenda are required, the district shall ensure that, at the time of the closing, the bonds met at least one of the following: · Bonds were rated in one of the highest four ratings · Bonds were privately placed with or otherwise sold to accredited investors · Bonds were backed by a letter of credit from a bank, or other creditworthy guarantor · Bonds were accompanied by an independent financial advisory opinion stating that estimates of debt service coverage and probability of debt repayment are reasonable 8/15/2003 Comprehensive Planning Section Public Facilities Report Each ISD shall submit a public facilities report and an annual notice of any changes and the report shall contain the following: Description of existing public facilities owned or operated by the SD, and each public facility that is operated by another entity · Description of each public facility the district is building, improving or expanding or proposing in the next 5 years. The anticipated date of completion of future projects · Anticipated capacity and demands on each public facility when completed Facilities Report shall be prepared and submitted within I year after the district's creation Construction or expansion of a public facility that affects the quantity or quality of the level of service shall be consistent with thc local comp plan. However, the comp plan cannot reqnire an ISD to construct, expand or perform a major alteration on a public facility. Within 30 days after the first meeting of its governing board, each SD shall designate a registered office and agent and file such info with the local governing authority and with DCA. Budget The governing body of each SD shall adopt a budget by resolution each fiscal 3'ear. A local ,oovernin,o authority may review tile buell, et or tax levy of any SD. Failure to disclose financial reports shall result in DCA filing a petition for a hearing on the question of inactivity of the district. An administrative law judge assigned by the Division of Adininistrative Hearings of tile Department of Management Services shall conduct proceedings and hearings. Within 30 days of the hearing, the ALJ shall file a report with DCA. Special District Oversight Review Process It is in the punk interest to establish an oversight review process for SDs wherein each SD in the state ma3 be reviewed by the local government in which the district exists. · All SDs, governmental entities, and state agencies shall cooperate with the Legislature and with any local government seeking info or assistance with the oversight review process. · Those conducting the process shall look at minimum requirements but may also consider any additional factors. · An SD may provide written responses to requests made by the government conducting the review · The final report of the review shall be filed with the government that created the district and shall serve as the basis for any lnodification to the charter or to its dissolution or merger v 8/15/2003 Comprehensive Planning Section WHY THE BIG CYPRESS STEWARDSHIP DISTRICT SHOULD BE CREATED? 1. What is the Big Cypress Stewardship District? The Big Cypress Stewardship District (District) will be an independent special district that encompasses approximately 22,000 acres within the eastern-part of Collier County. The District's boundaries are included within the Immokalee Area Rural Lands Stewardship Overlay Area. 2. How is the District being created? The District will be created by a special act of legislation pursuant to chapters 189 and 298, Florida Statutes. The act contains the mandatory minimum charter requirements required by section 189.404, Florida Statutes. However, the District's creation is contingent upon approval of the landowners' within the District during a Landowners' Meeting held within 20 days of the act's effective date. 3. What is the purpose of the District? The purpose of the District is to provide public infrastructure and services in a timely manner within Collier County in order to provide the necessary infrastructure to promote smart development of rural village communities and to protect the environment. 4. Why an independent special district? The independent special district is a special purpose local government that will provide an orderly, organized public financing mechanism for infrastructure and services in an area that is currently undeveloped in Collier County, but designated for rural village development. Without the District, development may occur without a system for providing public infrastructure or services. The District will also relieve Collier County of the obligation to provide many services, as the District will be able to provide facilities and services without competing with other county priorities. In addition, the creation of the District provides a mechanism for the management of preservation and stewardship lands, as well as any lands set aside for mitigation. 5. Who is requesting the District's creation? The land within the District is currently owned by a single-landowner. The landowner has requested the creation of the District, as it is believed that this is the best mechanism to provide timely infrastructure, protect the environment, and to further effectuate the intent and purpose of the Rural Land Stewardship Overlay Area. The landowner is currently meeting with its local government representatives regarding the District's creation. OCT 2 ~, 2~CC3 The Collier County Comprehensive Plan authorizes development in Eastern Collier County that can be best achieved utilizing a single integrated plan of infrastructure construction and operation. It is anticipated that the County will endorse the special district option as the best services provider. The District also provides a mechanism for the management of preservation and stewardship lands, as well as any lands set aside for mitigation. Governinq Board 6. How is the District going to be governed? The District is governed by a five-member Board of Supervisors. The board members serve for three-year terms with the exception of the initial Board of Supervisors. The act provides that at the initial landowners meeting, the landowners will elect the initial board members, and determine their lengths of office. Initial board member terms consist of one-one year term, two-two year terms, and two-three year terms. 7. How are the District's board members to be elected? The election of the Board of Supervisors will be on a one acre-one vote basis. The five persons receiving the highest number of votes are elected as supervisors. Proxies are allowed and the appointment of proxies must comply with section 607.0722, Florida Statutes. Landowners owning less than one assessable acre taken together shall be entitled to one vote. The owners and proxy holders of district acreage who are present at a duly noticed landowners' meeting constitute a quorum for holding such election or any election thereafter. Once the District has 500 resident electors, its Board may be converted to a popularly elected board pursuant to chapter 189, Florida Statutes. 8. Why are the District's board members not popularly elected? The area proposed to be within the District currently does not contain voters, as the area has not been developed. Since the District will levy and collect assessments and build and operate infrastructure, it is appropriate to allow the persons most affected by the District- the landowners - to elect those persons making the decisions that have a direct financial impact on them. Once the District is developed in the future, nothing prohibits the District from converting to a popularly elected governing board pursuant to either a special act or section 189.4051, Florida Statutes. 9. What is quorum for the governing board and how many affirmative votes are needed for Board action? " Prior to taking any District action, a quorum must be present. Quorum for District meetings is three Supervisors. 10. What are the governing board's duties and responsibilities? As soon as practicable after their election, the Board of Supervisors must select a president and a secretary. Board members are also required to take an oath of office, file financial statements, and abide by the statutory requirements of public officials, including the Code of Ethics. Once organized, the Board must develop and approve a plan for District facilities and services. The Board must then levy and collect from District landowners the necessary revenue to implement the plan. The Board is also responsible for administration and operation of District facilities and services. 11. Are the governing board members compensated? The governing board may be compensated pursuant to section 298.14, Florida Statutes. Section 298.14, Florida Statutes, provides that no compensation is provided unless the landowners determine to pay Board members compensation up to $50 per day of actual service. In accordance with section 112.061(14)(a)4., Florida Statutes, the governing board may, by resolution, adopt a rate of reimbursement for travel, mileage and meals for Board members and district employees and representatives on official District business. 12. Is the District required to followic~g the Sunshine Law and other statutory notice requirements? Yes. Section 11 of the District's charter and section 189.404(2), Florida Statutes, requires that the Board comply with the meeting notices, reporting, and public records maintenance requirements found in chapters 189, 286, and 298, Florida Statutes. Powers 13. What powers are granted to the District by the local bill? The District is granted the following powers: · to sue and be sued; · to make contracts; · hire staff; · to acquire and convey real and personal property; · comprehensive water management and water supply; · to provide and maintain roads and related works and other transportation systems; IL~_~ · to provide and maintain parking facilities; · to provide and maintain recreational facilities and systems; · to provide and maintain wastewater and potable water facilities; · to levy ad valorem taxes, non-ad valorem assessments, and collect fees for any furnished facilities and services; · to enter into impact fee credit agreements with local general-purpose governments; · to provide and maintain mosquito control; · to provide and maintain conservation and mitigation areas; · to borrow money and issue negotiable or other bonds; · to provide public safety; however, this authority is limited in that the District may not exercise any police power; · to provide fire prevention systems and facilities and emergency medical services, consistent with any adopted Collier County ordinances, rules, or regulations; · to provide and maintain school buildings and related structures that may be leased, sold, or donated to the school district; and · to exercise all other powers necessary convenient or proper in connection with any of the powers or duties of the District. 14. What powers are granted to the District pursuant to chapter 189, Florida Stat~Jl~s? Chapter 189, Florida Statutes, does not specifically grant the Distinct additional powers. However, it does provide requirements that the District must comply with as it relates to reporting requirements, collection of non-ad valorem assessments, bond referenda and issuance, special district public facilities reports, meeting and notice requirements, and budgets and audits requirements. 15. What powers are granted to the District pursuant to chapter 298, Florida Statutes? Chapter 298, Florida Statutes, provides for the creation and operation of water control districts in Florida. Water control districts and districts empowered by chapter 298, Florida Statutes, are authorized to develop and implement a "water control plan". That plan may include comprehensive water management including flood control and water supply. Revenue-Raisin.q Capabilities 16. What type of revenue-raising capabilities is the District granted? The District is authorized to raise revenues by ad valorem taxes, non-ad valorem assessments, loans, and bonds. 17. What millage rate for ad valorem taxes does the charter provide for? I ~ ~ The District is authorized to levy up to 10 mills on real property. 18. What requirements must be followed before the District can levy ad valorem taxes? Prior to levying ad valorem taxes, the District must receive referendum approval pursuant to Article VII, section 9 of the Florida Constitution. Until such time that approval is received, the District may not levy ad valorem taxes even though its charter authorizes such levy. 19. What requirements must be followed before the District can levy non-ad valorem assessments? The District may charge non-ad valorem assessments for the construction, operation, or maintenance of District facilities, services, and operations pursuant to chapter 298, chapter 170, or chapter 197, Florida Statutes. Prior to adopting a resolution at a public meeting, which provides for the uniform collection of non-ad valorem assessments and the amount of the assessment and future assessments, a notice of the District's intent must be published weekly for 4 consecutive weeks prior to the public hearing. After adoption of the resolution, the local government needs to adopt its non-ad valorem assessment roll at a public hearing prior to September 15 annually. At least 20 days prior to the meeting, every landowner shall receive notice of the meeting by first class mail and notice shall also be published in the newspaper. The notice is required to provide certain provisions as required by section 197.3632(4)(b), Florida Statutes. By September 15, the Board should notify the tax collector of its certified roll. As long as the Board makes notification that the non-ad valorem assessment will be assessed for more than 1 year, then the Board does not need to annually adopt the non-ad valorem assessment roll. Each tract or parcel of land less than one (1) acre in area shall be assessed for the purpose of non-ad valorem assessments as a full acre, and each tract or parcel of land more than one (1) acre in area which contains a fraction of an acre shall be assessed at the nearest whole number of acres, a fraction of one half or more to be assessed as a full acre. Rural Land Stewardship Area 20. What is a Rural Lands Stewardship Area? In 2001, the Florida Legislature passed legislation that authorized the Department of Community Affairs to approve up to five-pilot rural land stewardship area projects within the State. A Rural Land Stewardship Area strengthens a local governments' c~pacity to promote economic development, maintain a viable agricultural economy, preserve the environment and character of rural areas, and control urban sprawl. In support of creative land use and planning strategies, "transferable land use credits" will be assigned to Rural Land Stewardship Areas by the local government in its comprehensive plan. The comprehensive plan will include standards for designation of receiving areas. Transferable land use credits increase density and cluster development rights in receiving areas, while discouraging growth in environmentally valuable sending areas. Collier County has been operating under a Final Order relating to the development in the eastern portion of the county. This Final Order contained the following three directives: · Final Order Directive #1: Direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats. · Final Order Directive #2: Identify & propose measures to protect prime agricultural areas. Such measures should prevent the premature conversion of agricultural lands to other uses. · Final Order Directive #3: Assess the growth potential of the Area by assessing the potential conversion of rural lands to other uses, in appropriate locations, while discours ,qg urban s¢'rawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes creative land use planning techniques. In response to the Final Order, a study process/committee was appointed to create a long range (25 year plus) strategic plan for 300 square miles of Collier County's rural lands that promotes agriculture, protects wetland flowways and upland habitat, and directs growth to suitable locations using an innovate incentive process based on the principles of rural land stewardship. This Study was a 3-year, 4 stage community-based planning process with oversight from a 15 person Citizen Committee. The Study recommended the adoption of the Collier County Rural Lands Stewardship Area Overlay. This proposal relies primarily on incentives to protect extensive natural resources areas, ncl additional regulations. It also enables public benefits to be achieved without significant public funding, as the market value based system drives the Stewardship Credit process. Under the rural land stewardship area overlay, the following benefits are received: · landowners are incentivized to voluntarily protect 6nvironmentally valuable land; · 100,000 acres of flowways and habitats are placed into environmental protection designations; · 90% of native upland and wetland vegetation in a 300 square mile area are protected; · the development footprint is reduced by 90% from baseline conditions; · strict environmental protection standards are established in all Stewardship Areas; oC-X · 75,000 acres of agricultural land and 18,000 acres of water retention areas are protected; · rural owner flexibility is allowed in use of entitlements and land-based rights; · eliminates a primary market based cause of premature conversion of agriculture land is eliminated; · private property rights are protected through incentive-based program. · controlled growth and economic diversification of the rural area is allowed in a manner that assures a positive net fiscal impact to Collier County. This overlay has been adopted by the Collier County Commission as a comprehensive plan amendment and approved by the Department of Community Affairs. 21. What is the impact on the District of being located within the Immokalee Rural Lands Stewardship Overlay Area? The District's creation takes the plan and objectives in the rural land stewardship area from a plan to a reality. RESOLIJTION 2003- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FINDING NO OBJECTION TO THE CREATION OF THE BIG CYPRESS STEWARDSHIP DISTRICT. WHEREAS. the Collier County Board of County Commissioners (Board) has been presented with a proposal relating to the creation of the Big Cypress Stewardship District (District), an independent special district, within the Rural Lands Stewardship Area (RLSA) by Special Act; and WHEREAS. tile Board previously appointed tile Eastern Lands Area Oversight Committee (ELAC) to conduct a Rural and Agricultural Area Assessment (hnmokalee Area Study) of lands which would, in part. comprise tile District; and WHEREAS. the ELAC's hnmokalee Area Smdv recommended the adoption of a Rural Lands Stewardship Area Overlav Amendment (Amendment) to the Collier County Growth Management Plan {GMP): and that Amendment has been adopted by the Board and found in compliance by the Department of Community Affairs: and WHEREAS. the Board more recently adopted tile RLSA Zoning Overlay District (Overlay) and corresponding land developmen' 'gulations in Section 2.2.27 of its Land Developlnent code (LDC) which implement the Am~_ ,,,ment bx.' establishing a long-range stewardship land use program for approximately 300 square miles of Collier County's rural eastern lands so as to promote agriculture, protect wotland flowways and upland habitat, and directs growth to suitable locations through ;tn innovative system of Stewardship Credits: and WHEREAS. the GMP and LDC allow tbr development in the RLSA and Overlay that can be serviced utilizing a single integrated plan of public infrastructure construction, maintenance, and operation: and WHEREAS, the creation of the District by the Special Act will provide for a public financing mechanism for public infrastructure and services without competing with other County providers in a portion of the currently undeveloped RLSA and Overlay; and WHEREAS. the creation of an independent special district under Florida Statutes Chapter 189 (2003), is a method of providing public infrastructure and services within the RLSA and Overlay for the development of anticipated rural villages, towns, and hamlets; and WHEREAS, the District's creation will also provide a mechanism for the preservation and management of those lands entered into the system of Stewardship Credits. as well as any lands set aside for mitigation purposes; and WHEREAS. the Special Act creating the District xvill require the District and the Board to enter into an Interlocal Service Delivery Agreement providing for a fee simple donation of road right-of-way by and a fair share capital construction funding contribution for the long-range traffic capacity improvements of county arterial and collector roads within and proximate to the District within 90 days of the Act taking effect: and WHEREAS. Section 189.404(2)(e), Florida Statutes (2003), requires a resolution or official statement from the Collier County Board of County Commissioners or County Manager stating that the District's creation is consistent with the County's adopted comprehensive plan and that the County has no objection to the Districts' creation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: The creation and establishment of the Big Cypress Stewardship District pursuant to the proposed Special Act, a copy of which is attached hereto as Attachment A, is consistent with the Collier County Growth Management Plan and Land Development Code. 2. The Board has no objection to the creation and establishment of the District. The Board's adoption of this Resolution is conditioned on the continuing existence of the following provisions in tile finally adopted text of the Special Act: (a) Anv proposed amendment of this Act which deals expressly with the requirements that the District is subject to and may not conduct itself in any manner that ~s ,nconsistent with the County's comprehensive plans and land development ,cgulations shall not be considered by the legislature unless such amendment is accompanied with a resolution of support from and by the Board of County Commissioners of Collier County. The District and Collier County shall enter into an Interlocal Service Delivery Agreement providing for a fair share capital construction funding contribution for the long-range traffic capacity improvements of county arterial and collector roads within and proximate to the District within 90 days of the Act taking effect. The adoption of the Resolution is also conditioned on Collier Enterprises, Inc. entering into an agreement with the County for the fee simple donation of road-right- of-way, to supplement County owned right-of-xvay, sufficient to accommodate a six lane cross section on Immokalee Road and Oil Well Road, and acceptance of storm water retention along Immokalee Road and Oil well Road, within 30 days of enactment of the bill establishing the District. Road impact fee credits will not be granted by the County in exchange for donated right-of-way. The agreement shall only take effect upon tile proposed legislation becoming law. THIS RESOLUTION ADOPTED this majority vote favoring same. __ clay of after a motion, second and DATED: ATTEST: DWIGHT E. BROCK. Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING. Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County ,Attorney DRAFT August 26, 2003 HOUSE BILL Big Cypress Stewardship District This local bill creates the Big Cypress Stewardship District (District), an independent special district, in eastern Collier County, pursuant to Chapters 189 and 298, Florida Statutes. The District encompasses approximately 22,000 acres and is part of the Rural Lands Stewardship Area (RLSA). The local bill provides the charter of the District and provides the minimum statutory requirements required by Chapter 189, Florida Statutes. The purpose of the District is to provide public infrastructure in a timely manner within the District in order to provide the necessary intYastructure to promote Smart Growth planning and development, to protect the environment and natural resources within the RLSA, and to promote the Stewardship Credit System. A 5-member Board of Supervisors, who serve for 3-year terms, governs the District. The charter provides lbr compensation, duties, and responsibilities of board members. The District is required to comply with the statutory requirements for financial disclosure, meeting notices, reporting, public records maintenance, and per-diem expenses for officers and employees. The local bill grants all of the powers and authorities provided by Chapters 189 and 298, Florida Statutes, to the District. In addition, the District is granted additional powers, necessary to provide public infrastructure and services such as roads, potable water, wastewater, fire protection, and recreational and educational facilities. The District is authorized to levy and collect ad valorem taxes, non-ad valorem assessments, fees, charges, enter into impact fee credit agreements with local general-purpose governments, and issue bonds. However, prior to levying ad valorem taxes, the District must receive referendum approval pursuant to the Florida Constitution. The local bill provides the procedures and requirements for issuing District bonds. The District's creation is contingent on approval by a majority vote of the owners of land within the District not exempt from ad valorem taxes or non- ad valorem assessments present at a landowners meeting to be held within 20 days of the local bill beconfing a law. DRAFT October 22, 2003 A bill to be entitled An act relating to the Big Cypress Stewardship District; creating and establishing an independent special district in Collier County to be known as the Big Cypress Stewardship District: creating a charter; providing for minimum charter requirements; describing the boundaries of the District; providing for Stmervisor qualifications, terms of office, election procedures, and compensation: providing powers: providing for liberal construction: providing for severability; providing for a referendnm; providing an effective date. Be It Enacted by tile Legislature of the State of Florida: Section 1. The Big Cypress Stewardship Dislrict, an independent special district in Collier County, is created and established, pursuant to chapters 189 and 298, Florida Statutes, and the charter for such district is created to read: Section 1. District establishment and boundaries.--For tile purposes of providing public infrastructure, services, the assessment, levy. and collection of taxes, non-ad valorem assessments and fees. tile operation of District facilities and services, and all other purposes stated in this act consistent with chapters 18{) and 298, Florida Statutes, and other applicable general la,,,,', an independent stewardship district is hereby created and established in Collier County, Florida, to be known as the Big CyF. rcss Stewardship District, the territorial boundaries of xvhich shall be as follows, to-wit: All Those Parts of Townships 47. 48 And 49 South, Range 28 East, Collier County, Florida. Being More Particularly Described As Follows: All of Section 14, Township 47 South, Range 28 East, Collier County, Florida, Less 100 Acres Of Land More Or Less As Described In Official Records Book 2496, Page 660, Public Records Of Collier County, Florida; (540 Acres +) And All of Sections 23, 24, 25, 26 And 27, Township 47 South, Range 28 East, Collier County, Florida Less Right Of W~ty F'or C.R. 846, (Immokalee Road); (3165 Acres _+) And tq All of Section 28, Township 47 South, Range 28 East. Collier County, Florida, Lying South Of C.R. 846 (Immokalee Road) And Lying North And East of Oil Well Grade Road; (132 Acres +) And All of Sections 34 And 35. Township 47 South, Range 28 East, Collier County, Florida: ( 1250 Acres And The Westerly 520 Acres of Sections I And 12, Township 48 South, Range 28 East, Collier County. Florida: (1040 Acres _+) And All of Sections 2, 3. 10, And I I of Township 48 South, Range 28 East. Collier County, Florida: (2560 Acres _+) And All of Section 13, Township 48 South Range 28 East. Collier County, Florida Less The Southeast One-Quarter ( [4 ) of Said Section 13 And Less The South 50.00 Feet of The Southwest One-Quarter of Said Section 13 For Road Right Of Way And Less The Eastcrlv 60.00 Acres of The Northeasterly One-Quarter ( ~A ) of Said Section 13:(416.97 Acres +) And All of Sections 14 And 15. Township 48 South, Range 28 East, Collier County, Florida Less The Southerly 50.00 Feet For Road Right Of Way Purposes As Described In Official Records Book 154, Page 529: ( 1253.87 Acres _+) And All of Section 22, Township 48 South. Range 28 East. Collier County, Florida, Less The Northerly 50.00 Feet For Right Of Way Purposes As Described In Official Records Book 154, Page 529 Public Records of Collier County, Florida; (633.94 Acres +) And All of Sections 23 And 24. Toxvnship 48 South, Range 28 East, Collier County, Florida Lcss Road Right Of\Vays: (1256 Acres +) And i (.~__) 2003 All of Sections 25, 26, 27, 34, 35 And 36, Township 48 South, Range 28 East, Collier County, Florida; (3840 Acres +) And The West One-Half ( V2 ) Of Section I, Toxvnship 49 South, Range 28 East, Collier County, Florida; (493.66 Acres _+) And All of Sections 2, 3, 10. 11 And 15, Township 49 South, Range 28 East, Collier County. Florida; (3878.23 Acres +) And All of Sections 22 And 27, Township 49 South, Range 28 East, Collier County, Florida. Less the Ford Test Track PUD: { 1163.42 Acres ___) And All Of Section 34, Township 49 South. Range 28 East, Collier County, Florida, Less The Ford Test Track PUD And Less Official Records Book 2239. Page 144; (47.70 Acres _+) Containin~ a Total Acreaoe of ~1.700.79 Acres of Land More Or Less; Section 2. Provisions of other laws made applicable.--The provisions of chapters 189 and 298, Florida Statutes, and all of the laws amendatory thereof, now existing or hereafter enacted are hereby declared to be applicable to the Big Cypress Stewardship District. The Big Cypress Stewardship District shall have all of the powers and authorities mentioned in or conferred by chapters 189 and 298, Florida Statutes, as they may be amended from time to time. Section 3. Powers of the District; compliance with county plans and regulations.-- (1) The District shall have the following powers: (a) To sue and be sued by its name in any court of law or in equity, to make contracts, to adopt and use a corporate seal and to alter the same at pleasure; (b) To acquire by purchase, gift, or condemnation real and personal property, either or both, within or without the district, and to convey and dispose of such real and personal property, either or both, as may be necessary or convenient to carry out the purposes, or any of the purposes, of this act, and chapters 189 and 298, Florida Statutes; (c) works for water management and control purposes; To construct, operate, and ~naintain canals, ditches, drains, levees, lakes, ponds, and other ocr 2 tt 2003 (d) To acquire, purchase, operate, and maintain pumps, plants, and pumping systems for water management and control purposes: (e) To construct, operate, and maintain irrigation works, machinery, and plants; (f) To construct, improve, pave. and maintain roadways and roads necessary and convenient for tile exercise of the powers or duties or any of the powers or duties of the District or the supervisors thereof; and to include as a component of roads, parkways, bridges, landscaping, irrigation, bicycle and jogging paths, street lighting, traffic signals, road striping, and all other customary elements of a modern road system: (g) To finance, fund. plan. establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for providing transportation throughout the District, including private or contract carriers, buses, vehicles, railroads, and other transportation facilities, to meet the transportation requirements of tile District in activities conducted within the District: (h) To finance, fund. plan. establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain parking facilities within the District boundaries; (i) To finance, fund. plan: establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses: (j} To acquire, construct, finance, operate, and maintain water plants and systems to produce, purify, and distribute water for consumption; (k) To acquire, construct, finance, operate, and maintain sewer systems for the collection, disposal, and reuse of waste and to prevent water pollution in the District; (t) To levy ad valorem taxes, non-ad valorem assessments, prescribe, fix, establish, and collect rates, tees. rentals, fares, or other charges, and to revise the same from time to time, for the facilities and services furnished or to be furnished by the District and to recover the cost of making connection to any District facility or system: (m) To provide for the discontinuance of service and reasonable penalties including attorney's fees, against any user or property for any such rates, fees. rentals, fares, or other charges that become delinquent and require collection. However, no charges or fees shall be established until after a public hearing of the board at the District at which all affected persons shall be given an opportunity to be heard; (n) To enter into agreements with any person, firm. or corporation for the furnishing by such person, firm. or corporation of any facilities and services of the type provided for in this act; 4 OCT 2 1003 (o) To enter into impact fee credit agreements with local general-purpose governments. In the event the District enters into an impact fee credit agreement with a local general purpose government where the District constructs or makes contributions for public facilities for which impact fee credits would be available, the agreement may provide that such impact tee credits shall inure to the landowners within the District in proportion to their relative assessments, and the District shall, from time to time, execute such instruments (such as assignments of impact fee credits) as may be necessary or desirable to accomplish or confirm the foregoing. (p) To construct and maintain facilities for and take measures to control mosquitoes and other arthropods of public health importance; (q) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for conservation areas, mitigation areas and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property: (r) To borrow money and issue negotiable or other bonds of the District as hereinafter provided; to borrow money, from time to time, and issue negotiable or other notes of the district therefore, bearing interest at not exceeding the maximum interest allowable by law, in anticipation of the collection of taxes, and assessments or revenues of the district, and to pledge or hypothecate such taxes, assessments, and revenues to secure such bonds, notes, or obligations, and to sell, discount, negotiate, and dispose of the sanle; (s) To provide public safety, including, but not limited to, security, guardhouses, fences and gates, electronic intrusion detection systems and patrol cars, when authorized by proper governmental agencies: except that the District may not exercise any police power, but may contract with tile appropriate local general purpose government agencies for ail increased level of such service within tile District boundaries: (t) To provide systems and facilities for fire prevention and control and emergency medical services, including the construction or purchase of fire stations, water mains and plugs, fire tracks, and other vehicles and equipment consistent with any adopted Collier County ordinances, rules, or regulations: (u) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, and maintain additional systems and facilities for school buildings and related structures pursuant to this act and chapter 1013, Florida Statutes, which may be leased, sold, or donated to the school district for use in the educational system when authorized by the District school board; (v) To establish and create such departments, committees, boards or other agencies, including a public relations committee, as from time to time the Board of Supervisors may deem necessary or desirable in tile performance of the acts or other tilings necessary to the exercise of the powers provided in this act, and to delegate to such departments, boards, or other agencies such administrative duties and other powers as tile Board of Supervisors may deem necessary or desirable; and "' ' ? 2003 (w) To exercise all other powers necessary convenient or proper in connection with any of the powers or duties of the District stated in this act. The powers and duties of the District shall be exercised by and through the Board of Supervisors thereof, which board shall have the authority to employ engineers, attorneys, agents, employees, and representatives as the Board of Supervisors may, from time to time, determine, and to fix their compensation and duties. However, in addition thereto, the District shall have all of the powers provided for in chapter 298, Florida Statutes, as amended from time to time. All powers and authority of the District shall extend and apply to the District as a whole and to each unit of development as, from time to time, may be designated by the Board of Supervisors. (2) Notwithstanding any authority contained within this section, the development, operation, or maintenance of any District facilities or services shall comply with the adopted comprehensive plan for Collier County and any adopted land development regulations or specialized plans adopted which apply within the geographic boundaries of the District, including the Collier County Growth Xlanagement Plan and all plans of the Metropolitan Planning Organization as they may apply to thc projects and activities authorized pursuant to Section 3 of this act. Section 4. Sale of real estate within tile district: required disclosure to purchaser.-- Subsequent to tile establishment of the district under this act. each contract for the initial sale of a parcel of real property and each contract for the initial sale of a residential unit within the district shall includc, im~nediatelv prior to tile space reserved in thc contract for the signature of the purchaser, the follov,.'ing disclosure statement in bold-faced and conspicuous type which is larger than the type in the remaining text of tile contract.: "THE BIG CYPRESS STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION. OPERATION. :\NI) MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF 'FILE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROViDED FOR BY LAW." Section 5. Board o~ S ~pervisors, organization, powers, duties, and terms of office.-- (1) There is hereby created a Board of Supervisors of Big Cypress Stewardship District, which shall be the governing body of tile District. The Board of Supervisors shall consist of five (5) persons, who. except as herein otherwise proxidcd, shall hold office for the term of three (3) years and until their successors shall be duly elected and qualified. (2) Except as provided in Section 5.(3) herein, tile election of the District's Board of Supervisors shall be on a one acre-one vote basis pursuant to section 298.11, Florida Statutes, as it may be amended from time to time. Each year during the month of June, a Supervisor or Supervisors shall be elected, as hereinafter provided, by tho landowners of the District to fill the seat or seats of Supervisors whose terms have expired. All vacancies or expirations on the board shall be 6 filled as required by this act and chapter 298, Florida Statutes. The Supervisors of the Big Cypress Stexvardship District shall be residents of the State of Florida and citizens of the United States. In case of a vacancy in the office of any Supervisor, the remaining Supervisors may fill such vacancy until the next annual meeting of the landowners, when his or her successor shall be elected by the landowners for the unexpired term. As soon as practicable after their election, the Board of Supervisors of the District shall organize by choosing one of their number president of the Board of Supervisors and by electing some suitable person secretary, who may or may not be a member of the Board. The Board of Supervisors shall adopt a seal, which shall be the seal of the District. At each annual meeting of the landowners of the District, the Board of Supervisors shall report all work undertaken or completed during the preceding year, and the status of the finances of the District. (3) At the initial landoxvners meeting, the landowners shall, at such election, determine the length of the terms of office of each initial supervisor so elected by them. Respectively, there shall be one-one year term, two-two vear terms, and two-three year terms. Thereafter, all terms of Supervisors shall be for three years. Provided, however, one three year Supervisor position shall not be elected by the landowners. Upon the election of/'our Supervisors and organization of the Board, the Board shall appoint the fifth Supervisor for a three year term. The appointed melnber shall be a representative of an environmental organization based in Collier County who shall not be a District landowner. An appointed Supervisor shall be reappointed every three years thereafter following the annual landowners' meeting as prescribed herein until qualified electors of the District have approved thc election conversion provisions of Section 189.4051, F.S. Subsequent to elector approval, the appointed Supervisor shall be replat ed at the end of his term by an elected Supervisor elected pursuant to Section 298.11, F.S., at an annual landowners' meeting, all Supervisors shall serve until their successors shall have been elected or appointed and qualified. (,4) All Supervisors shall hold office until their successors shall be elected and qualified. Whenever any election shall be authorized or required by this act to be held by the landowners at any particular or stated time or day, and it' for any reason such election shall not or cannot be held at such time or on such day. then in such event and in all and every such event, the power or duty to hold such election shall not cease or lapse, but such election shall be held thereafter as soon as practicable and consistent with this act. (5) Prior to taking any District action, a quorum must be present. Quorum for District meetings is three Supervisors. Section 6. Compensation of Board; Per Diern.--The Board of Supervisors may be compensated pursuant to section 298.14, Florida Statutes, as it may be amended from time to time. The Board of Supervisors may, by resolution, adopl a rate of reimbursement for travel, mileage and meals for Board members and district employees and representatives on official District business pursuant to general applicable law. Section 7. Annual Landowners Meeting: Election of Supervisors.--A landowners meeting shall be held each year during the month of June, beginning with June 2004. The purpose of this meeting is to hold an election pursuant to section 4 of this act and for the Board of Supervisors to make any District reports. Section 8. Taxes: non-ad valorem assessments.-- (1) AD VALOREM TAXES.--The Board of Supervisors, subject to referendum approval pursuant to Art. VII. s. 9 of the State Constitution, shall have the power to levy and assess an ad valorem tax on all the taxable real and tangible personal property in the District to pay the principal of and interest on any general obligation bonds of the District, to provide for any sinking or other funds established in connection with any such bonds, and to pay the costs for construction or maintenance of any of the pro~iects or activities of the District authorized by the provisions of this act or applicable general law. The to~al amount of such ad valorem taxes levied in any year shall not be in excess of ten (10) n-fills on the dollar per annum on the assessed value of the taxable property within the District. The ad valorem tax provided for herein shall be in addition to county and municipal ad valorem taxes provided for by law. (2) NON-AD VALOREM ASSESSMENTS.--Non-ad valorem assessments for the construction, operation, or maintenance of District facilities, services, and operations shall be assessed, levied, and collected pursuant to chapter 298. chapter 170. or chapter 197. Florida Statutes, as amended from time to time. (3) TAXES, ASSESSMENTS, AND COSTS. A LIEN ON LAND AGAINST WHICH ASSESSED, ETC Ail taxes and assessments provided for in this act, together with all penalties for default in pa3~nent of the same. all costs in collecting the same, shall, from the date of assessment thereof until paid. constitute a lien of equal dignity with the liens for county taxes, and other taxes of equal dignity with county taxes, upon all the lands against which such taxes shall be levied as is provided in this chapter. (4) COMPENSATION OF PROPERTY APPRAISER. TAX COLLECTOR AND CLERK OF THE CIRCUIT COURT.--The Property Appraiser. Tax Collector and Clerk of the Circuit Court of Collier County shall be entitled to compensation for services performed in connection with taxes and assessments of the District as provided by general law. (5) LEVIES OF NON-AD VALOREM ASSESSMENTS ON LAND LESS THAN ONE (1) ACRE.--In levying and assessing all assessments, each tract or parcel of land less than one (1) acre in area shall be assessed as a full acre. and each tract or parcel of land more than one (1) acre in area which contains a fraction of an acre shall be assessed at the nearest whole number of acres, a fraction of one half or more to be assessed as a full acre. Section 9. When unpaid taxes and assessments delinquent; penalty.--All taxes and assessments provided for in this act shall be and become delinquent and bear penalties on the amount of the taxes in the same mnnner as county taxes. Section 10. Enforcement of taxes and assessments.--The collection and enforcement of all taxes and assessments levied by the District shall be at the same time and in like manner as county taxes, and the provisions of the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes, the issuance, sale, and delivery of tax certificates for such unpaid and delinquent county taxes, tile redemption thereof, the issnance to individuals of tax deeds based thereon, and all other procedure in connection therewith, shall be applicable to the District and tile delinquent and unpaid taxes of the District to the same extent as if the statutory provisions were expressly set forth in this act. All taxes and assessments shall be subject to the same discounts as county taxes. Section 10. (1) ISSUANCE OF REVENUE BONDS, ASSESSMENT BONDS, AND BOND ANTICIPATION NOTES.-- (a) In addition to the other powers provided the Dislrict. and not in limitation thereof, the District shall trove the power, pursuant to this act, chapter 298, Florida Statutes, and applicable general law as amended from time to time, at any time, and. from time to time, after the issuance of any bonds of the District shall have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in excess of the authorized maximum amount of such bond issue. (b) Pursuant to chapter 298. Florida Statutes, and applicable general law as amended from time to time, the District shall have the power to issue assessment bonds and revenue bonds, from time to time, without limitation as to amount for the purpose of financing those systems and facilities provided for in section 3 of this charter. Such revenue bonds may be secured by, or payable from, the gross or net pledge of the r,. roes to be derived from any project or combination of projects; from tile rates, fees, or ot~. charges to be collected from the users of any project or projects: from any revenue-producing undertaking or activity of the District; from non-ad wtlorem assessments: or from any other source or pledged security. Such bonds shall not constitute an indebtedness of tile District, and the approval of the qualified electors shall not be required unless such bonds are additionally secured by tile full faith and credit and taxing power of the District. (c) Any issue of bonds may be secured by a trust agreement by and between the District and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. Tile resolution authorizing the issuance of the bonds or such trust agreement may pledge the revenues to be received from any projects of the District and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as the board may approve, including, without limitation, covenants setting forth the duties of tile District in relation to: the acquisition, construction, reconstruction, Stewardship, maintenance, repair, operation, and insurance of any projects; the fixing and revising of the rates, fees, and charges, and the custody, safeguarding, and application of all moneys and for the employment of consulting engineers iT1 connection with such acquisition, construction, reconstruction. Stewardship, maintenance, repair, or operation. (d) Bonds of each issue shall be dated: shall bear interest at such rate or rates, including variable rates, which interest may be tax exempt or taxable for federal income tax purposes; shall mature at such time or times from their date or dates; and may be made redeemable before maturity at such price or prices and under suctn terms and conditions as may be determined by the board. (e) The District shall have the poxver to issue bonds for the purpose of refunding any outstanding bonds of the District. (2) GENERAL OBLIGATION BONDS.-- (a) Pursuant to this act, the District shall have the power from time to time to issue general obligation bonds to finance or refinance capital projects or to refund outstanding bonds in an aggregate principal amount of bonds outstanding at any one time not in excess of thirty-five percent (35%) of tile assessed value of the taxable property within the District as sho;vn on the pertinent tax records at the time of the authorization of the general obligation bonds for which the full faith and credit of the District is pledged. Except for refunding bonds, no general obligation bonds shall be issued unless the bonds are issued to finance or refinance a capital project and the issuance has been approved at an election held in accordance with the requirements for such election as prescribed bv the State Constitution. Such elections shall be called to be held in the District by the Board of Supervisors. (b) The District nlay pledge its frill faith and credit for the payment of the principal and interest on such general obligation bonds and for any reserve l'unds provided therefore and met unconditionally and irrevocably pledge itself to ad valorem taxes on all taxable property within tile District, to the extent necessary for the payment thereof, without limitations as to greater amount. (c) If the board determines to issue ger,~-al obligation bonds for more than one capital project, the approval of tile issuance of the bonds for each and all such projects may be submitted to the elector on one and the same ballot. The failure of thc electors to approve the issuance of bonds for any one or more of tine capital projects shall not defeat the approval of bonds for any capital project that has been approved by the electors. (d) In arriving at the amount of general obligation bonds permitted to be outstanding at any one time pursuant to paragraph (a), there shall not be included any general obligation bonds which are additionally secured by the pledge of: 1. Special assessments levied in the amount sufficient to pay the principal and interest on a general obligation bond so additionally secured, which assessments have been equalized and confirmed by resolution or ordinance of the board pursuant to section 170.08, Florida Statutes. 2. Water revenues, sewer revenues, or water and sewer revenues of the District to be derived fi-om user fees in an amount sufficient to pay the principal and interest on tile general obligation bond so additionally secured. 3. Any combination of assessments and revenues described in subparagraphs 1 and 2. Section 12. Minimum charter requirements.-- 10 ( I ) The District is organized and exists for all purposes set forth in this act and chapters 189 and 298. Florida Statutes, as they may be amended from time to time. (2) The powers, functions, and duties of the District regarding ad valorem taxation, bond issuance, other revenue-raising capabilities, budget preparation and approval, liens and foreclosure of liens, use of tax deeds and tax certificates as appropriate for non-ad valorem assessments, and contractual agreements shall be as set forth in chapters 170, 189, and 298, Florida Statutes, or any other applicable general or special law, as they may be amended from time to time. (3) The District is created by special act of the Florida Legislature, in accordance with chapters 189 and 298, Florida Statutes. (4) The District's charter may be amended only by special act of the Legislature. (5) In accordance with chapter 189, Florida Statutes, this act, and section 298.11, Florida Statutes. the District is governed by a five-member board, elected on a one-acre, one-vote basis by the landowners in the District. The membership and organization of the board shall be as set forth in this act and chapter 298. Florida Statntes. as they may be amended from time to time. (6) The compensation of board members shall be governed by this act and chapters 189 and 298, Florida Statutes. as they may be amended from time to time. (7) The administrative dut~cs of the Board of Supervisors shall be as set forth in this act and chapters 189 and 298. Florida Statutes, as they may be amended from time to time. (8) Requirements for financial disclosure, meeting notices, reporting, public records maintenance, and per-diem expenses for officers and employees shall be as set forth in this act, chapters I 12. 189. 286. and 298. Florida Statutes. as they may be amended from time to time. (9') The procedures and requirements governing the issuance of bonds, notes, and other evidence of indebtedness by the District shall be as set forth in this act and chapter 298, Florida Statutes, and applicable general laws, as they may be amended from time to time. (10) The procedures for conducting District elections and for qualification of electors shall be pursuant to this act and chapters 189 and 298. Florida Statutes, as they may be amended from time to time. (11) The District may be financed by any method established in this act, chapter 298, Florida Statutes, and applicable general laws, as they may be amended from time to time. (12) The methods for collecting non-ad valorem assesstnents, fees, or service charges shall be as set forth in chapters 197 and 298, Florida Statutes, and other applicable general laws as they may be amended from time to time. (13) The District's planning requirements shall be as set forth in ti'tis act. OCT 2 003 (14) The District's geographic boundary limitations shall be as set forth in this act. (15) The district and Collier County shall, within 90 days of referendum approval of this act as provided in Section 14, enter into an interlocal agreement xvith Collier County providing for a fair share capital construction funding contribution for the long-range traffic capacity improvements of County arterial and collector roads within and proximate to the District. The agreement may be amended by mutual consent of the parties. (16) Any subsequent amendment to this act exempting or otherwise relieving the district of any requirements of Section 189.4155(1). F.S. shall require a resolution or official statement from Collier County pursuant to Section 189.404(2)(e)4., F.S., confirming compliance with the adopted comprehensive plan and no objection to the amendment. Section 13. In case any one or more of the sections or provisions of this act or the application of such sections or provisions to any situations, circumstances, or person shall for any reason be held to be unconstitutional, such unconstitutionality shall not affect any other sections or provisions of this act or the application of such sections or provisions to any other situation, circumstance or person, and it is intended that this law shall be construed and applied as if such section or provision had not been included herein for any unconstitutional application. Section 14. This section shall take el'feet upon this Act becoming a law, and the remaining sections shall take effect upon approval by a major' vote of the owners of land within the District not exempt from ad valorem taxes or non-ad ,. alorem assessments present at a lando:vners meeting to be held within 20 days of this section becolning a law. In such election, each assessable acre or fraction thereof t>rescnt in person or by proxy shall be counted as one vote. 12 EXECUTIVE SUMMARY RECOMMENDATION THAT TIlE BOARD ADOPT A RESOLUTION OF NO OBJECTION TO THE ENACTMENT OF A BILL BY THE FLORIDA LEGISLATURE CREATING AN INDEPENDENT SPECIAL DISTRICT UNDER CHAPTER 189, FLORIDA STATUTES, TO BE KNOWN AS THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT. OBJECTIVE: To have the Board adopt a Resolution of no objection to the creation of the Ave Maria Stewardship Community District for presentation to the Collier County Legislative Delegation on November 25, 2003. BACKGROUND: On October 14, 2003, the Ban'on Collier Companies petitioned the Board to direct the County Manager to return on October 28, 2003 with a recommendation on adoption of a resolution of no objection to the creation of the Ave Maria Stewardship Community District. During this interim period, county staff, the County Attorney, the County Manager and the Barton Collier Companies have conferred and developed a concise and far reaching resolution for consideration by the Board with noteworthy commitments by the Barron Collier Companies and Ave Maria University. CONSIDERATIONS: Ave Maria Stewardship Community District is proposed as an independent special district under Chapter 189, Florida Statutes, and will function as a special purpose local government not deemed by staff to be in conflict with the interests, powers and authority of the Board of County Commissioners. ttowever, as an independent special district, the Ave Maria Stewardship Community District Board of Supervisors, elected on a one acre-one vote basis, may levy up to 10 mills of ad valorem taxes within the District. This authority would only be of significance to the BCC if the ad valorem tax levy within the District rises to such a level that the total tax burden on District residents results in opposition to the annual MSTD General Fund (I 11) millage proposed by the BCC. Staff has prepared and attached an executive summary of the key attributes of Chapter 189 special districts to assist the Board in it's review and deliberations on the Resolution of no objection. The Barron Collier Companies have also provided a very helpful FAQ paper on Ave Maria Stewardship Community District which is attached to this Executive Summary. The proposed bill to be sponsored by the Collier County Legislative Delegation is consistent with the Resolution by the BCC and is also attached for your review. FISCAL IMPACT: Adoption of this Resolution of no objection to the enactment of the Ave Maria Stewardship Community District will be accompanied by a letter of understanding between the Barron Collier Companies and the County for fee simple donation of right-of-way for road construction, capital road funding contributions, and other fiscally significant concessions by the developer. GROWTH MANAGEMENT IMPACT: The proposed Ave Maria Stewardship Community District is consistent with the Growth Management Plan and will further the realization of the goals of the Rural Lands Stewardship Area (RLSA). The agreements memorialized in the letter of understanding will help sustain adopted levels of service standards (LOSS) for roads and the Concurrency Management System. STAFF RECOMMENDATION: That the Board adopt the Resolution of no objection to the creation of the Ave Maria Stewardship Community District and forward it to the Collier County Legislative Delegation. Attachments AGENDA NOTE: AT THE TIME OF THE PRINTING OF THIS AGENDA PACKAGE, THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT RESOLUTION AND LETTER OF UNDERSTANI)ING BETWEEN THE COUNTY AND THE DEVELOPER WERE IN FINAL CONFERENCE AND APPROVAL REVIEW BY THE COUNTY MANAGER AND PRINCIPLE COUNSEL AND EXECUTIVE OFFICERS OF TIlE DEVELOPER. THE RESOLUTION AND LETTER OF UNDERSTANDING WILL BE DELIVERED TO THE BCC OFFICE BY NOON, MONDAY, OCTOBER 27, 2003. THE BILL, FAQ SUMMARY AND ALL RELATED INFORMATION FOR ASSISTANCE IN THE REVIEW AND DELIBERATIONS BY THE BCC ARE CONTAINED IN THIS AGENDA PACKAGE. PREPARED BY: _~~-~ A~ DATE: Stan Litsinger, Director, Comprehensive Planning Department REVIEWED BY:Joseph K. Schmitt ~,?'"¢~ I)ATE:- Community Development and Environmental Services Administrator APPROVED BY:[~~~/-'"-"~4 ,)ATE: Jan~V. Mudd, P.E. County Manager 2 {5 2003 EXECUTIVE SUMMARY Chapter 189 Florida Statutes, Special Districts PURPOSE · To provide general provisions for the definition, creation and operation of special districts. · Have one centralized location for all legislation governing special districts · Improve enforcement of statutes currently in place that help ensure accountability · Improve coordination and communication between state agencies and between special districts and other local entities · Move toward greater uniformity in special district elections and non-ad valorem assessment collection procedures at the local level · Encourage creation of municipal service taxing units and service benefit units for providing municipal services in unincorporated county areas · There is a need for uniform, focused and fair procedures in state law to provide a reasonable alternative for the establishment, powers, operation and duration of independent special districts · SDs are a legitimate alternative method for use by the private and public sectors to manage, own, operate, construct and finance basic capital infrastructure, facilities and services. · Growth and development issues transcend the boundaries and responsibilities of individual units of government, and often no single unit of government can plan or implement policies to deal with these issues w/o affecting other units of government · The provision of capital infrastructure, facilities and services for the preservation and enhancement of the quality of life of the people of this state may require the creation of nmlticounty and mulitjurisdictional districts HOW SPECIAL DISTRICTS ARE CREATED A Special District is created in the following ways: · A municipality may create a SD, established by ordinance · A county may create a SD, adopted by a charter · The Governor and Cabinet may create a SD, established by rule, and may also approve a charter created by county · Two or more counties may create a regional SD in accordance with s. 950.001 or s. 373.1962 or s. 163.567 Except as otherwise authorized by general law, only the Legislature may create ISDs. It is the specific intent of the Legislature that dependent special districts shall be created at the prerogative of the counties and municipalities and that independent special districts shall only be created by legislative authorization. 8/15/2003 Comprehensive Planning Section Special district means a local unit of special purpose, as opposed to general-purpose, government within a limited boundary, created by general law, special act, local ordinance, or by rule of the Governor and Cabinet. The special purposes of special districts are implemented by specialized ftmctions and related prescribed powers. Dependent special districts must meet at least one of the following criteria: · Membership of its governing body is identical to that of a single county · All member of its governing body are appointed by the governing body of a single county or municipality · During their unexpired terms, members of the special district's governing body are subject to removal at will bv the governing body of a single county · The district has a budget that requires approval though an affirmative vote or can be vetoed by the governing body' of a single county Independent special districts are not dependent special districts as defined above and include more than one county unless the district lies wholly within the boundaries of a single municipality MIxNEMUM REQUIREMENTS General laws or special acts that create or authorize the creation of special districts must address the following in their charters: · Powers, functions and duties of thc district regarding ad valorem taxation, bond issuance, other revenue-raising capabilities, budget preparation and approval, liens, and foreclosure of liens, usc t)f tax deeds and tax certificates as appropriate for non-ad valorem assessments, a[~d contractual agreements · Membership and organization oftt~e governing board of the district. If a district uses a one acre/one vote election principle, it shall provide for a governing board of 5 members. · Maximum compensation of a gove~'ning board member · Administrative duties of the governir~g board · Applicable financial disclosure, noticing and reporting requirements · Procedures and requirements for issuing bonds · Procedures for conducting any district elections or referenda required and the qualificat~,:q ~ of an elector of the district · Methods for financing a district · Planning requirements · Geographic boundary limitations · Explanation of why the district is the best alternative · Declaration that the creation of the district is consistent with the approved local government comprehensive plans GOVERNANCE Elections · Elections in a DSD shall be conducted bv the Supervisor of Elections 8/15/2003 Comprehensive Planning Section Elections in an lSD may be conducted by the Supervisor of Elections, however, if they are not, then the ISD must report to the supervisor in a timely manner and follow Florida Election Code Elections based on 1 acre/ 1 vote principle, require a referendum to determine whether qualified electors should elect certain members of the governing board. A petition signed by at least 10% of at least 500 qualified voters must be filed with the governing board and supervisor of elections. Urban area maps shall be presented to the governing board and any landowner or qualified elector may contest the accuracy of the urban maps. Accuracy shall be determined and the maps shall be adopted as the official maps for the determination of the extent of the urban area and the maps shall be updated and readopted every 5 years. Governing Board · Members of the board shall be elected in accordance with the following determinations of urban area 1. urban areas constitute 25% or less of the district, 1 board member shall be elected by electors and 4 shall be elected w/the 1 acre/ 1 vote principle 2. 26 - 50% urban areas, 2 members shall be elected by voters and 3 by I acre/ 1 vote 3. 51 - 70% urban areas, 3 members elected by electors and 2 by 1 acre/l vote 4. 71 - 90% urban areas, 4 members elected by electors and I by 1 acre/1 vote 5. 91% or more urban areas, all members elected by electors · All governing board members serve a term of 4 years except members elected at the first election and the first landowners' meeting following the referendum. · Qualifications are pursuant to the Florida Election Code and only apply to those governing board member candidates elected by qualified electors Landowner's Meetings · An annual landowners' meeting shall be held as long as there are governing board members elected on the 1 vote/ ! acre principle. If electors elect all members, there will be no landowners' meetings. · 50% of all acreage in a district is not required; the member shall be elected by a majority of the acreage represented. · All landowners' meetings shall be set by the board within the month preceding the month of the election of the governing board members by electors Bond Issuance If no referenda are required, the district <hall ensure that, at the time of the closing, the bonds met at least one of the following: · Bonds were rated in one of the higi~est four ratings · Bonds were privately placed with or ntherwise sold to accredited investors · Bonds were backed by a letter of credit from a bank. or other creditworthy guarantor · Bonds were accompanied by an independent financial advisory opinion stating that estimates of debt service coverage and probability of debt repayment are reasonable 8/15/2003 Comprehensive Planning Section Public Facilities Report Each ISD shall submit a public facilities report and an annual notice of any changes and the report shall contain the following: · Description of existing public facilities owned or operated by the SD, and each public facility that is operated by another entity · Description of each public facility the district is building, improving or expanding or proposing in the next 5 years. The anticipated date of completion of future projects · Anticipated capacity and demands on each public facility when completed Facilities Report shall be prepared and submitted within I year after the district's creation Construction or expansion of a public facility that affects the quantity or quality of the level of service shall be consistent with the local comp plan. However, the comp plan cannot require an ISD to construct, expand or perform a major alteration on a public facility. Within 30 days after the first meeting of its governing board, each SD shall designate a registered office and agent and file such info with the local governing authority and with DCA. Budget The zoverning, body of each SD shall adopt a budget by resolution each fiscal year. A local governing authority may review the budget or tax levv of any SD. Failure to disclose financial reports shall result in DCA filing a petition for a hearing on the question of inactivity of the district. An administrative law judge assigned by the Division of Administrative Hearings of the Department of blanagement Services shall conduct proceedings and hearings. Within 30 days of the hearing, the ALJ shall file a report with DCA. Special District Oversight Review Process It is in the public interest to establish an oversight review process for SDs wherein each SD in the state may be reviewed by the local government in which the district exists. · All SDs, governmental entities, and state agencies shall cooperate with the Legislature and with any local government seeking info or assistance with the oversight review process. · Those conducting the process shall look at minimum requirements but may also consider any additional factors. · An SD may provide written responses to requests made by the government conducting the review · The final report of the review shall be filed with the government that created the district and shall serve as the basis for any modification to the charter or to its dissolution or merger 8/15/2003 Comprehensive Planning Section 2003 AVE MARIA STEWARDSHIP COMMUNITY DISTRICT Factsheet Overview The Ave Maria Stewardship Community District will serx.'e a specialized need for Ave Maria University and the surrounding Ave Maria Community. It will be subject to the Rural Lands Stewardship Overlay and all other development requirements of Collier County, the State of Florida and Federal Agencies Ch after The District will be fort-ned as a Chapter 189 Special District by a special act of the legislature to supplement the state-created charter of a Chapter 190 Community Development District, so that additional specialized powers to serve the specific needs of its community, such as education and healthcare facilities, can be included. It constitutes a single purpose local government to carry out any conditions of any development approval, such as a Development of Regional Impact, neo, otiated between the County and the developer. All District business will be conducted in strict adherence to the Florida "Government in the Sunshine" rules and regulations A rea The District comprises approximately 10,000 acres. Restrictions As set forth in the special act, the District reserves to the County all land development approvals. The creation of the District does not in any wayaffect the County's from exercise of its comprehensive planning, land development permitting, zoning and related regulations. Formation of the District does not pre-empt other zoning approvals such as the Development of Regional Impact, nor does it exempt the community from impact fees. Regulatory Direction Creating an independent district such as this is encouraged by the Rural Lands Stewardship Overlay regulations on the land. Additionally, the creation of such a district will impose a negative effect on potential pressures from future local landowners to incorporate into a city. OCT 2 2OQ AVE MARIA STEWARDSHIP COMMUNITY DISTRICT Detailed Rationale Size of District Area · Management of a comprehensive storm water management system because both the a=oncultural and urban systems within the entire area between Oil Well and knmokalee Roads from Camp Keais Road west to Camp Keais Strand are now interconnected * Management of"Sending Areas"(SSA) within District boundaries, such as using its power for exotic vegetation control, water management, access control and related special powers. · Delineation of logical physical boundaries, as three sides would be bound by Immokalee, Oil Well and Camp Keais Roads and one side by the Camp Keais natural prese~'e area. · Decrease in incentives for incorporation, since providing many of those services which are usually the expected of local government in an efficient manner has proven to discourages potential demand for citizens and landowners to become a citv. · Dispersal of water su~r, ly ',',,'ells thus minimizing the individual ',';'ell pumping rates, which lessens the individual v~-¢. :one of influence and aquifer draw down. · Public management of areas including the road systems that enter the property but are outside the boundaries of the town yet lie within the boundary of the District, subject to the conditions of the development order. -sir'; ~;:C'.L,'~.a, ,.~rl AS~EHg, ERP, '.,'.ARAB.'nE & AHB~ERSOH ,,;~EB.,,uuT 22 ZOO3 16 OB/ST. 16 04/NO.$31/:C"r!43s ~ AVE MARIA STEWARDSHIP COMMUNITY DISTRICT Detailed Rationale Utilization of Chapter 189 Special District Formation ora Cha?ter 189 Special District allows for supplementation of the state-created charter ora Chapter 190 Community Development District, so that additional specialized powers to serve the specific needs of its community can be included. Specifically, it provides: 1. Eligibility for financial enhancements available for educational facilities construction and maintenance under section 1013.356, Fla. Stat., by interloeal agreement with the Collier County School District appropriate for a new town universiW community. 2. Provision that any system, facility or service owned by the District or funded by federal tax-exempt bonding is public so that district rules may regulate but not deny access to the public and that all district business must be conducted in strict adherence to the Florida "Government in the Sunshine" rules and regulations. Granting to the Board of Supervisors of the District the power at noticed meetings to set up task forces, committees and departments of the Board as and if necessary to serve unique needs of the Ave Maria University and the surrounding Ave Maria community in areas such as grounds and facilities maintenance and security. 4. Granting the power to the District to coot& :e with the landowner-developer and the university on the phasing of water, sewer, drmnage, roadways and other required infrastructure delivery subject to the conditions of development apiSroval, the Collier County Local Government Comprehensive Plan and the Rural Lands Stewardship Overlay, including the power to designate units with/n the District for progressive phased planning, implementation, construction, management, maintenance and financing (similar to chapter 298 districts or to county MSBU' s). 5. Providing healthcare facilitie~ so important to an academic community when authorized by applicable public or private agcmcies providing healthcare, 6. Authorization for innovative agreements with the Ave Maria University in areas such as facility construction, security, health care and other sp~ialized university requirements. 7. Assurance that impact fee credits for facilities fimded by the district accrue to the district and through the district to the landowner and subsequent landowners. 8. Constitution of a single specialized local government aa a public alternative to carry out any condition~ of any Ave Maria Univemity and Ave Maria community development approval, such as a Development of Regional Impact, negotiated between the County and the developer, including roads and other on-site and off-site improvements, Environ_mental Resource Permits issued by the South Florida Water Management District and other development and environmental permits and conditions placed on the community by other County, State and Federal Depmhnents or Agencies. 9.24.03 ~, i 2 2003 Ken van Assenderp 10-20-03 DRAFT #15 Bill A bill to be entitled An act relating to the creation of the "Ave Maria Stewardship Community District" in the Collier County Political Subdivision; creating a short title; providing for findings, determinations, ascertainments, intent, purpose, definitions and policy; creating the District as a special, limited and single purpose independent district, an independent local government and corporate body politic, to provide community development infrastructure to the Ave Maria community development in that certain portion of the unincorporated area of the Collier County political subdivision within and subject to the Gro,,vth Management Plan Rural Lands Stewardship Area Zoning Overlay District in Eastern Collier County; providing for authority, boundaries, jurisdiction and the charter for the District; creating the charter of the District; providing for tile applicability of provision of Chapter 189, Fla. Stat., and other general laws: p,' riding that this Act shall take precedence over any conflicting :s to theextent" ' of such conflict; providing for severability: providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Short title. --This Act may be kited, and shall be known, as the "Ave Maria Stewardship Community District Act". Section 2. Preamble: Legislative findings, ascertainments, determinations, intent, purpose, definitions and policy. ( 1 ). Legislative findings. (a) The Eastern area of unincorporated Collier County is unique and special with natural resources that need protection and with tile need to retain a viable agricultural system while protecting private property rights and promoting a sound economy. DRAFT #15 Ken van Assenderp 10-20-03 (b) Collier County, with the approval of the Governor and members of the Cabinet, sitting as the Florida Land and Water Adjudicatory Commission, established a designated Rural Lands Stewardship Area Zoning Overlay District in order to implement an innovative, specialized and incentive-based Collier County Rural Lands Stewardship Area Overlay as part of the Collier County Growth Management Plan. (c) In implementing both protection of natural resources and retention: of viable agriculture, the Rural Lands Stewardship Area District Overlay: promotes compact rural mixed- used development as an alternative to low-density single use development; and establishes a system of generating Stewardship Credits in a designated Stewardship Sending Area and transferring them to a designated Stewardship Receiving Area within which new town communities may be created and developed with a full range of housing types and a full mix of uses with urban level services and infrastructure which support specialized development that is compact, mixed-use, human-scale and that balances land uses to reduce automobile trips and to increase livability. (d) Thi,-: comprehensive system anticipates new land uses to include new town community development and the related highly specialized provision of basic infrastructure systems, facilities and services. (e) Barton Collier Company has made available approximately nine-hundred five (905) acres to the Ave Maria University Foundation for the institution and operation of a private university known as Ave Maria University with a full slate of under-graduate, graduate and professional programs with related cultural, recreational and other activities, benefits and programs for providing teaching, research and public service to southwest Florida, the State of Florida and the nation; (f) The initial landowners also own, immediately contiguous and adjacent to, and surrounding, the Ave Maria University, land upon which they are building a university oriented new town community consistent with the Collier County Growth Management Plan and Land Development Code. (g) Within and subject to this the Growth Management Plan and Land Development Code and its Rural and Stewardship Area Zoning Overlay District, and Overlay, within a designated Stewardship Receiving Area, the new town community surrounding the iQ4-/ OCT 2 iOIB DRAFT #15 Ken van Assenderp 10-20-03 private university requires appropriate compact, balanced and rural mixed-use development at a human-scale with the required innovative balance of such importance to the Stewardship Overlay Area. (h) In particular: 1. Creating a university new town community in the Stewardship Overlay area of Eastern Collier County requires a critical coinciding of existing and future land use with capital facility provision and related systems and services, based upon timely, flexible and specialized management of critical factors and sequential events with balance between the interests of private enterprise, agriculture, private citizens, taxpayers, consumers, the environment, the economy, the initial landowners and all levels of government and private enterprise; 2. As evidenced by the Stewardship Overlay Program, all the applicable public and private organizations and entities have invested and expended substantial time and monies to generate the Stewardship Area Overlay portions of the Growth Management Plan and the existing and future consistent specific regulatory and comprehens: planning entitlemen~:s and consistent land development regulations/'or the identification, preparation and development of a new town community; 3. Creating a new town community around the university and using a single special purpose independent district constitute innovative planning and flexible development strategies in section 163.3177(1 I), Fla. Stat., as amended from time-to-time, and Rule 9J-5.006(5)(1), F.A.C., as amended from time-to-time to minimize the conversion of rural and agricultural lands to other uses while discouraging urban sprawl, protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominately rural land uses and providing for the cost-efficient delivery of public facilities and services as provided expressly in the Rural Land Stewardship Area Land Development Regulations, section 2.2.27.10.C. (i) There is in particular a special need to use a specialized and limited single purpose independent district unit of local government to as to the Ave Maria Community: 3 DRAFT #15 Ken van Assenderp 10-20-03 1. prevent urban sprawl standing infrastructure and by preventing by providing, sustaining and supporting free needless and counterproductive community development when the existing urban area is not 3,et developed. 2. prevent the needless duplication, fragmentation and proliferation of local government services in a proposed land use area. (j) Management of conservation, environmental, agricultural and economic challenges and opportunities in this area of Eastern Collier County transcends the bonndaries and responsibilities of both private landowners and individual units of government so that no one single public or private entity or person can plan or implement policies to deal with the many issues which attend the provision of basis systems, facilities and services to the area to be managed in Eastern Collier County in order to provide for both a new university and a new town academic community in the Stewardship area. (k) It is the expressed set of findings of the Legislature further that: 1. there is a considerably long period of time when there is an inordinate burden on the initial landowners of both the land area for tile priw~te Ave Maria University and its surrounding mixed-use, compact, new town university community because of the innovative, special and unique requirements in the Growth Management Plan for the Stewardship Receiving Area, dealing specifically with flexible management and related sequencing, timing and financing of the various systems, facilities and services to be provided to the new town community, taking into consideration ab.sorption rates, commercial viability and related factors. 2. even as the community matures, there is continuing need for landowners, both initial and subsequent, to bear burdens that remain relatively inordinate in order to preserve such inordinate benefits for Eastern Collier County as the unique environmental and economic purpose of tile university, new town community in this Stewardship Receiving Area. 3. That longer involvement of the initial landowner with regard to the provision of basic systems, facilities and services in the Rural Lands Overlay, coupled with a severely limited and highly specialized single purpose of the District, is in the public interest. 4. any public or private system to provide basic infrastructure improvements, systems, facilities and services Io this new Ave Maria community in the Stewardship Overlay Area of Eastern Collier County must be focused on an unfettered, highly 4 iC' 4 DRAFT #15 Ken van Assenderp 10-20-03 specialized, innovative, responsive, accountable mechanism to provide over the long-term the components of infrastructure at sustained levels of high quality only when and as needed for such a unique community in such a unique area. 5. there is a critical need to maintain such provision of such systems, facilities and services to the Ave Maria community because of the unique location and attributes of the Stewardship Overlay Arca, coupled with the unique purpose and location of this new academic community, subject to, and not inconsistent with. the state, regional and local requirements which attend implementation of the State plan, the Stewardship Overlay for the Stewardship Receiving Area and the County Growth Management Plan. 6. this need is met by coinciding the use and special attributes of various public and private alternatives development including: a. for the provision of infrastrncture to such a community the public policy and related implementing zoning, permitting and planning expertise, interests and capabilities of state and regional government and of the local general purpose government, Collier County: b. the flexible, limited, focused and locally accountable management and related financing capabilities of independent special purpose local government: and c. the innovative development and marketing private sector expertise of the initial landowners, der.elopers and other components of private enterprise; 7. the specialized financing and revenue procedures for the levy and imposition of first-lien assessments, by a variety of names, must be disclosed, followed, noticed, fair, non-arbitrary, informed, reasonable and accountable and that they must be set forth dispositively. (1) That the existence and use of such a limited specialized single purpose local government for the Ave Maria community, subject both to the Rural Lands Stewardship Overlay Area District and to the Collier County Growth Management Plan, will result in a high propensity: DRAFT #15 Ken van Assenderp 10-20-03 1. to prevent urban sprawl and to protect and to preserve environmental, conservation and agricultural uses and assets and to enhance the high quality use of the applicable Stewardship Receiving Area; 2. to enhance the market value for both present and future landowners of the property consistent xvith the need to protect private property rights in the Stewardship Overlay; 3. to enhance the net economic benefit to the Collier County area including an enhanced and well maintained tax base to the benefit of all present and future taxpayers in Collier County; 4. to share the costs for providing such basic systems, facilities and services in an innovative, sequential and flexible manner within the Ave Maria new town community to be serviced by the Stewardship Community District. (2). Ascertainments: based upon these findings, the Legislature has learned and ascertains: (a) There are two public government alternatives and one private alternative available to plan, construct, maintain and finance the provision of systems, facilities and services in the Stewardship Overlay: 1. One of the public or governmental alternatives is by the Board of County Commissioners within the Collier County political subdivision which can provide certain basic systems, facilities and services directly (or with management by its staff with financing through either a municipal service taxing unit for ad valorem taxes or municipal service benefit for assessments) or indirectly (by non-emergency ordinance use of a dependent district). 2. The second public alternative is use of an independent special district. 3. The private alternative is the private landowner, a private homeowner association, a private utility, a private business corporation or partnership or a combination of these various private alternatives. (b) Planning, permitting and creating the new Ave Maria university town community in the Rural Land Stewardship Area Zoning Overlay District of Collier County and using the independent specialized single purpose Ave Maria Stewardship Community District DRAFT #15 Ken van Assenderp 10-20-03 created by this Act and services are consistent with and implement both the Collier County Growth Management Plan and Land De','elopment Code and the following long-standing and expressed policies of the State of Florida: 1. to allow the creation of independent special taxing districts which have uniform general law standards and procedures and which do not overburden other local governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet the standards (section 187.201(20)(b)2, Fla. Stat.). 2. to encourage the development of local water supplies (section 187.201(7)(b)3, Fla. Stat.). 3. to recognize the existence of legitimate and often competing public and private interests and land use regulations and other government action (section 187.201(14)(a), Fla. Stat.), as provided for expressly in the Stewardship Overlay Program; 4. consistent with the Stewardship Overlay program, to recognize the importance of preserving natural resources and enhancing quality of litk by development in those areas where land and water resources, fiscal abililies and service capacity can accommodate the land use and growth in a manner that is environmentally acceptable (section 187.201 (15)(a), Fla. Stat." 5. to allocate costs of new public facilities on the basis of benefits received by existing and future residents while planning for the management and financing of new facilities to serve residents in a timely, orderlv and efficient manner (section 187.201(17)(a) and (b)3, Fla. Stat.); 6. to encourage local government financial self sufficiency in providing public facilities and in identifying and implementing physically sound, innovative and cost effective techniques to provide and to finance public facilities while encouraging development, use and coordination of capital improvement plans by all levels of government ((17)(b)5, 6 and 7, Fla. Stat.), as provided also in the Stewardship Overlay program; 7. to increase access to, and to promote and provide access for, cultural, historical and educational resources and opportunities (section 187.201(18)(a) and (b)l, Fla. Stat.). DRAFT #15 Ken van Assenderp 10-20-03 8. to enhance and diversify the economy of the Collier County area by promoting partnerships among education, business, industry, agriculture and the arts and by providing opportunities for skilled employees for new and expanding businesses while promoting self-sufficiency through training and educational programs to promote productive employment (section 187.201(21)(a) and (b)6, 7 and 8, Fla. Stat.); 9. to encourage and to enhance cooperation among communities, which have unique assets irrespective of political boundaries to bring the private and public sectors together for establishing an orderly, environmentally and economically sound plan for needs and growth (section 187.201(b)8, Fla. Stat.); 10. to create independent special districts by or pursuant to general law to ensure long term management and related financing, to meet the need in Florida for timely, efficient, effective, responsive, innovative, accountable, focused and economic ways to deliver basic services to new communities to solve the state's planning, management and financing needs for delivery of capital infrastructure in order in turn to provide for projected growth only and to do so without overburdening other governments and their taxpayers, section 189.402, Fla. Stat., so that providing to the Ave Maria community basic systems, facilities and services by independent special districts remains pur:quant to a uniform general law (section 189.402(3)(a) and (c), Fla. Stat.); 11. to ensure that those independent districts and the exercise of their powers be consistent and comply with applicable due process, disclosure, accountability, ethics and government-in-the-sunshine requirements of law, both to the independent districts and to their elected and appointed officials (section 189.402(3)(b), Fla. Stat.), because independent special districts are a legitimate alternative method available for use by both the public and private sectors to manage, own, operate, construct and finance basic capital infrastructure systems, facilities and services (section 189.402(4)(a), Fla. Stat.); 12. to ensure that an independent special district is created to serve a special purpose to cooperate and to coordinate ~ts activities with the applicable general purpose local government because aspects of growth and development transcend boundaries and responsibilities of individual units of government so that no single unit of government can plan DRAFT #15 Ken van Assenderp 10-20-03 or implement policies to deal with these issues unilaterally as effectively (section 189.402(7) and (8), Fla. Stat.): (c) Construction and operation of the Ave Maria University, the development of the new town university community on the identified properties and the use of the special and single purpose independent district are not inconsistent with the Collier County Comprehensive Plan and the required of the Stexvardship Overlay and irnplement both; (d) This land area for the private university and its new town community requires an independent, special and single purpose local government, in the form of an independent special district as defined in section 189.403(3), Fla. Stat.. subject to all substantive and procedural limitations under Florida law, including this Act. in order to constitute the highly specialized alternative and viable growth management mechanism appropriate for this unique Stewardship Overlay, available to both the private and public sectors. (e) Such a District requires timely, flexible, limited and specialized management and related financing capabilities under its uniform state charter, created by this Act pursuant to general law', in order to produce those flexible, innovative and highly specialized benefits to the new town university community property in the Stewardship Receiving Area and to the Stewardship Overlay in Eastern Collier County: (f) Such a District must have management capabilities to provide pinpointed. focused, accountable, responsive, limited, specialized and low-overhead-based capability, authority and power to provide basic systems, facilities and services to the new university community development with economies of scale but at sustained high levels of service quality over the long-term; (g) In order to be responsive to the critical timing required in the exercise of its management function, an independent district requires financing of that function, including bondable lienable and non-lienable revenue, with full and continuing public disclosure and accountability, funded by landowners, both present and future, and funded also by users of the systems, facilities and services provided to the land area by the District, without burdening the taxpayers and citizens of the State or of Collier County or any municipality in Collier County; (h) The provision of services by this independent district must implement, be subject to. and function not inconsistent with. any applicable provisions of the Stewardship 9 / C)/Ci DRAFT #15 Ken van Assenderp 10-20-03 Overlay Area and related permitting and planning requirements of Collier County and of the Collier County Comprehensive Plan and Land Development Code; (i) The creation, existence and operation of such the Ave Maria Stewardship Community District, as limited and specialized to its single narrow purpose, will also: 1. Constitute a public mechanism to translate the anti-urban-sprawl requirements of the Stewardship Overlay into reality; 2. Constitute a disincentive for premature or inappropriate municipal incorporation consistent with state law. 3. Provide a mechanism l'or full and continuing disclosure of how basic systems, facilities and services are both managed and financed, including full and continuing disclosure to prospective purchasers of public financing related to any burdens of land ownership and any related burdens on existing or future residents. 4. Implement Rural Land Stewardship Area Zoning Overlay District Regulation 2.2.27.10.L 4 because such an independent single pu~ose special district is encouraged in the Stewardship receiving area where ~he new town community and uni~c~rsity are located. ~) The Ave Maria Stewardship Community District is also a mechanism to implement the Collier County Concurrency Management System designed to coincide with, and to implement, the Collier County future land use element and the capital improvements element for basic systems, facilities and services consistent with the best interests of the Ave Maria community in the Stewardship Overlay. (k) By serving its single specialized pu~ose, the District will not result in needless proliferation, duplication and fragmentation of local government systems, facilities and services in this area of Eastern Collier County. (1) The Ave Maria Stewardship Community District will assist directly in public and combined public and private planning and coordination in order to result in the innovative solutions to the needs and requirements in this unique academic new town community located in this Stewardship Overlay Area of Eastern Collier County. (m) Management of the timing and phasing of critical sequential events, coordinated by the initial private landowner, the private university and the Board of County 10 DRAFT #15 Ken van Assenderp 10-20-03 Commissioners of Collier County, is of fundamental importance and is the basis of the inordinate burden on the initial landowner developer and on the private university to enhance the Stewardship Overlay and to implement its requirements. (n) The critical single purpose of the Ave Maria Stewardship Community District to provide basic infrastructure systems, facilities, services, works, infrastructure and improvements to the private Ave Maria university new town community is in the public interest because it: 1. does not pass on taxes or profits to purchasers of property or to landowners and residents within their jurisdictions; 2. results in less tendency t'or short-term planning, construction and management considerations because the elections for members of the government board are staggered; 3. is not influenced, guidcd or limited by quarterly and annual profit statements; 4. does not have police or regulatory poxvers; 5. does not have larger general purpose overhead responsibilities; 6. is not subject to legitimate but counter-veiling fiscal, economic, policy and political considerations to which large general-purpose local governments and large landowners and developers would be subject in the natural course of events. 7. does not constitute needless duplication, proliferation or fragmentation of local government systems, facilities and services in Collier County; 8. shall operate and l:unction not inconsistent with the county comprehensive plan and not inconsistent with, but rather shall enhance the purpose and requirements of, the Rural Lands Stewardship Overlay with least overhead cost and with the highest amount of the public disclosure, accountability, responsiveness and productivity. 9. coincides the authority and best interests of local general purpose government, the private university, the private landowners, both present and future, the taxpayers, the future residents and the State of Florida to create and to maintain an innovative 11 DRAFT #15 Ken van Assenderp I0-20-03 new town university community in the Stewardship Overlay at sustained levels of quality over the long-term. 10. provides highly accountable close-to-the-land, close-to-the-people innovative systems, facilities and services to constitute expressly the stewardship of the lands subject to the Stewardship Overlay in Eastern Collier County and within its within and jurisdiction; government. 11. serves a land area that is amenable to separate special district 12. serves a land area that is sufficiently contiguous, sufficiently compact and of size sufficient for the functionally inter-related Ave Maria new community. 13. serves a land area in which there is no existing local or regional system, facility or service with which creation and operation of this District and the provision of its systems, facilities, improvements and infrastructure would be incompatible. 14. will enhance the intrinsic value of the property and the development, for the purpose of the Overlay, the new community and the related sustained source of public revenue. (o) The independent district charter created in this Act involves innovative general and special powers not otherwise available for this unique and highly specialized first ever academic new town Ave Maria community in such a unique multi-faceted stewardship lands overlay. (3). Determinations: based upon its findings and ascertainments, the Legislature states expressly and determines: (a) This Act represents the findings, ascertainments and determinations of the Legislature that creating the Ave Maria Stewardship Community District, by special act, pursuant to general law, is: the best alternative as required by section 189.404(2)(e)3, Fla. Stat.; and that the creation by this Act of the Stewardship Community District in the Stewardship Overlay Area of Collier County is itself consistent affirmatively with the Collier County local government comprehensive plan; 12 Ken van Assenderp 10-20-03 DRAFT #15 (b) Creating the Ave Maria Stewardship Community District by this Act is the best alternative because it meets affirmatively the findings and ascertainments of this Legislature set forth hereinabove; (c) The authority for this Act is section 189.404, Fla. Stat., and its applicable sections, and the state plan in Chapter 187.201, Fla. Stat., any proposed amendment of this Act which deals expressly with this s. (4), ss. (a), (b) and, (c) shall not be considered by the Legislature unless it is accompanied with a resolution of support from and by the Board of County Commissioners of Collier County provided any other amendments on any other subject dealing with this Act do not require such resolution. (4). Intent: based upon its findings, ascertainments and determinations, the Legislature expresses its intent: (a) to ensure that the creation and operation of the Ave Maria Ste~vardship Community District by and pursuant to this Act, exercising its management and financing powers to implement its single special purpose, is not a development order within the meaning of Chapter 380, Fla. Stat., and all applicable governmental planning, environmental and land development laws, regulations, rules, policies and ordinances apply to all development of the land within the jurisdiction of the District created by this Act. (b) that the District operate and function subject to, and not inconsistent with, the Collier County Growth Management Plan and Land Development Code and any applicable development orders, zoning or other land development regulations. (c) under this Act, this special and single purpose Ave Maria Stewardship Community District shall not have the power of a general purpose local government to adopt a comprehensive plan or related land development regulation as those terms are defined in the Florida Local Government Comprehensive Planning and Land Development Regulation Act. (d) the charter for this District in the Act is exclusive and may be amended only by the Legislature by subsequent special act. Any certain proposed amendment of this Act which deals specifically, expressly and only with this s. 2, ss. (4) paragraphs (a), (b) and, (c) shall not be considered by the Legislature unless it is accompanied with a resolution of support from and by the Board of County Commissioners of Collier County provided and except that any other DRAFT #15 Ken van Assenderp 10-20-03 amendments on any other subject dealing with any one or more provisions in this Act do not require such resolution. (e) the Ave Maria Stewardship Community District created by this Act constitutes an innovative mechanism for long-term, sustained quality public stewardship of the planning, implementation, construction, management and related financing, of basic systems, facilities and services for the mixed-use new town academic community. (f) that, it is in the public interest that this limited independent specialized single purpose District local government have perpetual existence but subject only to legislative review as provided in its charter in this Act so that it is not in a position to out live its usefulness. (g) that the exercise by this Ave Maria Stewardship Community District of its power to carry out its single purpose under its charter in this Act is consistent with applicable due process, disclosure, accountability, ethics, conflicts of laws, government in the sunshine, competitive procurement (consultants, competitive negotiation and competitive bidding) both as to the government entity itself and as to its appointed or elected officials as required in this Act. (5). Purpose: the limited, single and specialized purpose of the Ave Maria Stewardship Community District is to provide community development systems, facilities, services, projects, improvements and infrastructure to the Ave Maria community by exercising its various public management powers, with related financing powers, both general and special, as set forth and limited in and by its charter in this Act. (6). Definitions: as used in this Act, the word or terms: (a) "Ad valorem bonds" means bonds which are payable from the proceeds of ad valorem taxes levied on real and tangible personal property and which are generally referred to as general obligation bonds. (b) "Assessable improvements" means, without limitation, any and all public improvements and community facilities that the District is empowered to provide in accordance with the Act, which provide a special benefit to property within the District. (c) "Assessment bonds" means special obligations of the District which are payable solely from proceeds of the special assessments or benefit special assessments levied for assessable improvements; provided, however that in lieu of issuing assessment bonds to fund the 14 DRAFT #15 Ken van Assenderp 10-20-03 costs of assessable improvements, the District may issue revenue bonds for such purposes payable from special assessments. (d) "Assessments" means those non millage assessments which include "special assessments", "benefit special assessments" and "maintenance special assessments" and a non- millage non-ad valorem maintenance tax if authorized by general law. (e) "Ave Maria Stewardship Community District" means the unit of special and single purpose local government created and chartered by this Act, including the creation of its charter, and limited to the performance, in implementing its single specialized purpose, of those general and special powers authorized by its charter under this Act; the boundaries of which are set forth by the Act; the governing head of which is created and authorized to operate with legal existence by this Act and the purpose of which is as set forth in this Act. (f) "Benefit Special Assessments" are assessments imposed, levied and collected pursuant to the provisions of ss (14) paragraph (b) of Section 4 hereof. (g) "Board or "Board of Supervisors" means the governing board of the District or, if such board has been abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given to the board by this Act have been given by law. (h) "Bond" includes "certificate," and the provisions which are applicable to bonds are equally applicable to certificates. The term "bond" includes any general obligation bond, assessment bond, refunding bond, revenue bond and other such obligation in the nature of a bond as is provided for in this Act, as the case may be. (i) "Contiguous Developed Urban Area" means any reasonably compact urban area located entirely within the Ave Maria Stewardship Community District. The separation of urban areas by a publically owned park, right-of-way, highway, road, railroad, canal, utility, body of water, watercourse or other minor geographical division of a similar nature shall not prevent such areas from being defined as urban areas. (j) "Cost or Costs", when used with referenced to any project, include, but not limited to: 1. The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction. 2. The cost of surveys, estimates,'plans, and specifications. 15 Ken van Assenderp 10-20-03 acquired. DRAFT #15 3. The cost of improvements 4. Engineering, fiscal, and legal expenses and charges. 5. The cost of all labor, materials, machinery and equipment 6. The cost of all lands, properties, rights, easements, and franchises 7. Financing charges. 8. The creation of initial reserve and debt service funds. 9. Working capital 10. Interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for such reasonable period of time after completion of construction or acquisition as the board may determine 11. The cost of issuance of bonds pursuant to this Act, including advertisements and printing. 12. The cost of any election held pursuant to this Act and all other expenses of issuance of bonds. 13. The discount, if any, on the sale or exchange of bonds. 14. Administrative expenses. 15. Such other expenses as may be necessary or incidental to the acquisition, construction, or reconstruction of any project or to the financing thereof, or to the development of any lands within the District. 16. Payments, contributions, dedications and any other exactions required as a condition to receive any government approval or permit necessary to accomplish any District purpose. (k) "District" means "Ave Maria Stewardship Community District". (1) "District manager" means the manager of the District. (m) "District roads" means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges, and thoroughfares of all kinds of descriptions. (n) "General obligation bonds" means bonds which are secured by, or provide for their payment by, the pledge, in addition to those special taxes levied for their discharge and such other sources as may be provided for their payment or pledged as security under the resolution /;/-/ 16 ~"i~'i ~ ~:;" DRAFT #15 Ken van Assenderp 10-20-03 authorizing their issuance, of the full faith and credit and taxing power of the District and for payment of which recourse may be had against the general fund of the District. (o) "Governing Board Member" means any duly elected member of the Board of Supervisors, the governing board of the Ave Maria Community District elected pursuant to this Act, provided that any board member elected by popular vote under the provisions of this Act shall be a qualified district elector and board member elected on a one-acre/one-vote basis shall meet the requirements of this Act for election to the board. (p) "Land Development Regulations" means those regulations of general purpose local government, exercising home rule, health, safety, welfare and police regulatory authority as provided in the Florida Local Government Comprehensive Planning and Land Development Regulations Act, Florida's Growth Management Act, under Chapter 163, Fla. Stat., as amended from time-to-time, to which the District is subject and as to which the District may not doing anything that is inconsistent; but this term shall not mean specific management engineering, planning and other criteria and standards needed in the daily management and implementation by the District of its provision of basic systems, facilities, services, works, improvements, projects or infrastructure, including designs criteria and standards, so long as they remain subject to, and are not inconsistent with, the Collier County Growth Management Plan and the applicable land development regulations. (q) "Landowner" means the owner of a freehold estate as appears by the deed record, including a trustee, a private corporation, and an owner of a condominium unit; it does not include a reversioner, remainderman, mortgagee or any governmental entity, who shall not be counted and need not be notified of proceedings under this Act. Landowner shall also mean the owner of a ground lease from a governmental entity, which leasehold interest has a remaining term, excluding all renewal options, in excess of 50 years. (r) "Local general-purpose government" means a county, municipality or consolidated city-county government. (s) "Maintenance Special Assessments" are assessments imposed, levied and collected pursuant to the provisions of s. 14(d) of s. 4 hereof. (t) "Non-ad valore~n assessment(s)" means those assessments levied and imposed by the Board of Supervisors of the Ave Maria Stewardship Community District which are not DRAFT #15 Ken van Assenderp 10-20-03 based upon millage and which constitute pursuant to the provisions hereof first liens on the properties subject thereto coequal with the liens of state, county, municipal and school board taxes: 1. if and when pursuant to general law, non millage and non-ad valorem taxes, limited expressly and only to those certain maintenance taxes provided for expressly in the District charter in this Act which are not ad valorem taxes and are not special assessments; and 2. assessments which are not taxes and are special assessments levied and imposed by the Board of Supervisors of the District pursuant to informed and non arbitrary determination that the systems, facilities and services will provide, as a logical connection to the applicable parcels of property, special benefits peculiar to the property, different in kind and degree than general benefits, and further that the duty to pay per parcel will be apportioned in a manner that is fair and reasonable; and which may be known and referred to as "assessments", "special assessments .... maintenance assessments" or "benefit assessments" as defined by and as may be applicable in the context of this charter. The levy of maintenance assessments to maintain a system or facility constructed and financed by special assessments levied by the District may be based on the assessment methodology by which the construction special assessments are levied but upon a determination that the maintenance special assessments also provide a special and peculiar benefit to the property and are apportioned in a manner that is fair and reasonable. 3. Any assessments which may be levied, i.mposed and equalized by the District Board of Supervisors by rule of the District. (u) "Powers" means used and exercised by the Board of Supervisors of the District to accomplish the single, limited and special purpose of the District including: 1. "General powers", as provided in the Act for the District charter, means those organizational and administrative powers of the District as provided in this Act in its charter in order to carry out its single special purpose as a local government public corporate body politic; 2. "Special powers" means those powers numerated by the Act in the charter of the District to carry out its specialized systems, facilities, services, projects; DRAFT #15 Ken van Assenderp 10-20-03 improvements and infrastructure and related functions in order to carry out its single specialized purpose. 3. any other powers set forth expressly in this Act. (v) "Project" means any development, improvement, property, utility, facility, works, enterprise, service, system, facility, works or infrastructure now existing or hereafter undertaken or established under the provisions of this Act. (w) "Qualified elector" means any person at least 18 years of age who is a citizen of the United States, a legal resident of Florida and of the District and who registers to vote with the Supervisor of Elections in the county in which the District land is located. (x) "Refunding bonds" means bonds issued to refinance outstanding bonds of any type of the interest and redemption premium thereon. Refunding bonds shall be issuable and payable in the same manner as the refinanced bonds except that no approval by the electorate shall be required unless required by the State Constitution. (y) "Revenue bonds" means obligations of the District which are payable from revenues, including, but not limited to, special assessments and benefit special assessments, derived from sources other than ad valorem taxes on real or tangible personal property and which do not pledge the property, credit or general tax revenue of the District. (z) "Sewer system" means any plant, system, facility or property, and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity fur future use in connection with the collection, treatment, purification or disposal of sewage, including, without limitation, industrial wastes resulting from any process of industry, manufacture, trade or business or from the development of any natural resource. Without limiting the generality of the foregoing, the term "sewer system" includes treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; all sewer mains, laterals, and other devices for the reception and collection of sewage from premises connected therewith; and all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such system and necessary or convenient for operation thereof. 19 - ~ Ken van Assenderp 10-20-03 (aa) "Special DRAFT #15 assessments" shall mean assessments as imposed, levied and collected by the district for the costs of assessable improvements pursuant to this Act, chapter 170, Fla. Stat., as amended from time-to-time, and the additional authority under section 197.3631, Fla. Stat,as amended from time-to-time, or other provisions of general law, now or hereinafter enacted, which provide or authorize a supplemental means to impose, levy and collect special assessments. (bb) "Taxes" or "Tax" means those levies and impositions of the Board of Supervisors which support and pay for government and the administration of law and which may be: 1. "ad valorem" or "property" taxes based upon both the appraised value of property and millage and at a rate uniform within the jurisdiction; 2. if and when authorized by general law, "non-ad valorem maintenance taxes" not based on millage which are used to maintain District systems, facilities and services. (cc) "Urban Area" means a contiguous developed and inhabited urban area within the District within a minimum acreage resident population density of least 1.5 persons per acre as defined by the latest official census, special census or population estimate or a minimum density of one single-family home per 2.5 acres with access to improved roads or a minimum density of one single-family home per 5 acres within a recorded plat subdivision. Urban areas shall be designated by the Board of Supervisors of the District with the assistance of all local general- purpose-governments having jurisdiction over the area within the jurisdiction of the District. (dd) "Water system" means any plant, system, facility, or property and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the development of sources, treatment, or purification and distribution of water. Without limiting the generality of the foregoing, the term "water system" includes dams, reservoirs, storage, tanks, mains, lines, valves, pumping stations, laterals, and pipes for the purpose of carrying water to the premises connected with such system, and all rights, easements, and franchises of any nature relating to any such system and necessary or convenient for the operation thereof. (7). Policy: Based upon its findings, ascertainments, determinations, intent, purpose and definitions, the Legislature states its policy expressly: 20 DRAFT #15 Ken van Assenderp 10-20-03 (a) The District and District charter, with its general and special powers, created herein expressly in this Act, are essential for the unique location and nature of the new community for academic, residential, commercial and other community uses or functions in the Rural Lands Stewardship Area Overlay of Eastern Collier County consistent with and designed to enhance the Stewardship Overlay Program and to serve a lawful public purpose; (b) This District, a local government, a corporate body politic, is limited to its single, narrow and special legislative purpose herein expressed, with the power to provide, plan, implement, construct, maintain and finance as a local government management entity its basic systems, facilities, services, improvements, infrastructure and projects and possessing financing powers to fund its management power over the long term and with sustained levels of high quality commensurate with the Stewardship Overlay. (c) This Act may be amended only by special act of the Florida Legislature in whole or in part. Section 3. Minimum general law requirements; creation and establishment; boundaries: jurisdiction; construction; charter with legal description. (1) Pursuant to section 189.404(3), Fla. Stat., the Legislature sets forth that the minimum requirements in paragraphs (a) through (o) have been met in the identified provisions of the Act as follows: (a) The purpose of the District is stated in the Act in section 2, subsection (5). (b) the powers, functions and duties of the District are generally in section 4, subsection (3) paragraphs (g) and (h) and subsections (5) - (16), (18), (19), (21), (25), and (32) as to which: 1. taxation provisions are set forth in section 2, subsection (bb); section 4, subsection (3), paragraph (h); subsection (14), paragraphs (a), (c), (f), (g) and (i); and subsections (17), (18), and (19) 2. bond issuance provisions are set forth generally in section 2; section 4, subsections (8), paragraph (d); subsections (10) - (13) and subsection (16), paragraphs (b) and (c). DRAFT #15 Ken van Assenderp 10-20-03 3. provisions regarding the other revenue raising capabilities are set forth in section 2, subsection (6), paragraphs (b), (d), (s), (t) and (aa); and section 4, subsection (I0) and (1 l); subsection (14), paragraphs (b), (d), (e), (h), (i) and (j); and subsections (15) and (16). 4. provisions regarding fees, rentals and charges are in section 2, subsection (6); and section 4, subsection (8), paragraph (i); and subsections (22) - (25). 5. provisions regarding budget preparation and approval are in section 4, subsections (5), (6) and (9). 6. provisions regarding liens and foreclosures of liens are in section 4, subsection (14), paragraphs (f), (g), (h) and (i); and subsections (15), (17), (18) and (19). 7. provisions regarding the use of tax deeds and tax certificates as appropriate for non-ad valorem assessments are set forth in section 4, subsection (8), paragraph (o) and subsection (14), paragraphs (b), (c), (d), (e), (f), (h) and (i), and subsection (15). 8. provisions regarding contractual agreements are in section 4 in subsection (8), paragraphs (c), (I), (p), (r) and (s); subsection (9), paragraphs (k), (o), (p), (s), (t), (v) and (w). (c) the provisions for methods for establishing the District are section 2, subsection (e), paragraph (6); section 3; and effective as provided in section 6. (d) the methods for amending the charter of the District are set forth in section 2, subsection (7), paragraph (c); section 3, subsection (4); and section 4, subsection (28). (e) the provisions regarding aspects of the governing board are as follows: 1. provisions for the membership of the governing board are: section 4, subsection (3), paragraph (b); and subsection (4), paragraph (c). 2. provisions regarding the organization of the governing board are in section 4, subsection (3), paragraphs (b) - (d) and subsection (4), paragraph (c). 3. provisions regarding the requirement of five board members are in section 4, subsection (3), paragraph (b) and subsection (4), paragraph (c), subparagraph 1. 4. the provisions regarding the quorum of the governing board are in section 4, subsection (3), paragraph (b) and in subsection (4) paragraph (c), subparagraph 1, sub- subparagraph e. (f) the provisions regarding maximum compensation of each board member are in section 4, subsection (4), paragraph (c), and in particular in subparagraph 1, sub-subparagraph h. . 22 DRAFT #15 Ken van Assenderp 10-20-03 Section 4, subsection (4), paragraph (c), subparagraph 1, sub-subparagraph h. (g) the provisions regarding the administrative duties of the governing board are found in section 4, subsections (5) - (8). (h) the provisions applicable to financial disclosure, noticing and reporting requirements for: I. financial disclosure are in section (6), and subsection (7). 2. voting are section 4, subsections (3) and (4) 3. reporting requirements are in section 4, subsections (5) - (7) and paragraph (31). (i) the provisions regarding procedures and requirements for issuing bonds are: 1. for issuing bonds are in section 4, subsection (12), in particularly paragraphs (a), (b), (i), (k) and (1) and related provisions dealing with trust agreements in paragraph (13). 2. for issuing bonds are in section 4, subsection (12), and particularly paragraphs (c) - (q); and subsection (13). (j) the provisions regarding elections or referenda are: 1. For procedures for elections are section 4, subsections (3) and (4) and regarding referenda are in section 4, subsection (14), paragraph (a). 2. for qualifications of an elector of the District, a qualified elector, are section 2, subsection (6), subparagraph (w) and section 4, subsection (3), paragraph (b) and (c). 3. for referenda in section 4, subsection (4), paragraph (b). (k) the provisions regarding methods for financing the District are generally in section 4, subsections (10), (11), (14), (15), (16), (17), (18) and (19). (1) other than taxes levied for the payment of bonds and taxes levied for periods not longer than two years when authorized by vote of the electors of the District, the provisions for: 1. the authority to levy ad-valorem taxes are in section 4, subsection (14), paragraph (a); section 4, subsection (3), paragraph (h); and section 2, subsection (6) paragraph (bb) section 1. 2. the authorized millage rate are in section 4, subsection (14), paragraph (a). (m) the provisions for the method or methods of collecting non-ad valorem assessments, fees or service charges are: DRAFT #15 Ken van Assenderp 10-20-03 1. for collecting non-ad valorem assessments in section 4, subsection (14), paragraphs (b), (c), (d), (e), (h) and (i); and section 4, subsection (15). 2. for collecting fees and service charges in section 4, subsection (22). (n) the provisions for planning requirements are as limited by the provisions of section 2 and 3, as limited further by section 4, subsection (8) and (9). (o) the provisions for geographic boundary limitations of the District are set forth in section 3, subsection (2) - (4); and section 4, subsection (2). (2) Creation and Establishment. The Ave Maria Stewardship Community District, which may also be referred to and to be known as the "Stewardship Community District", "The Ave Maria District" or "District" is created and incorporated hereby as a public body, corporate and politic, an independent, limited, special and single purpose local government, an independent special district, under section 189.404, Fla. Stat., as amended from time-to-time, and as defined in this Act and in section 189.403(3), Fla. Stat., as amended from time-to-time, in and for Eastern Collier County, Florida. Because all notices for the enactment by the Florida Legislature of this Act a special act, have been provided pursuant to the Florida Constitution, the laws of Florida and the rules of the Florida House of Representatives and the Florida Senate, and because Collier County is not a charter county, no referendum subsequent to the effective date of this Act is required. The District as created by this Act is established on the property pursuant to Section 6 and Section 4 ss (3). (3) The territorial boundary of the District shall embrace and include, without reservation or enclave, all of that certain real property described legally in the following ss 4(2). (4) The jurisdiction of this District, in the exercise of its general and special powers, and in the carrying out of its single, narrow and special purpose, is both within the external boundaries of the legal description of this District and extraterritorially, when limited to and as authorized expressly elsewhere in the charter of the District in this Act or applicable general law. This District is created for all public body corporate, politic and local government authority and power limited by its charter in this Act and subject to the provisions of other general laws, including expressly Chapter 189, Fla. Stat., except that an inconsistent provision in this Act shall control and the District has jurisdiction to perform such acts and exercise such functions and powers as shall be necessary, convenient, incidental, proper or reasonable for the implementation 24 Ken van Assenderp 10-20-03 of its limited, single and DRAFT #15 specialized purpose regarding the sound planning, provision, acquisition, development, operation, maintenance and related financing of those public systems, facilities, services, improvements, projects and infrastructure works as authorized herein including those necessary and incidental thereto. (5) Exclusive Charter. The exclusive charter of the "Ave Maria Stewardship Community District" as set forth and created in and by this Act is section 4 and may be amended only by special act of the Legislature. Section 4. --- Disposition of Section 2 and 3; Exclusive Charter of the "Ave Maria Stewardship Community District" (1) The provisions of Sections 2 and 3 are incorporated herein by reference expressly and made dispositive and part of this exclusive District charter for all purposes governing and informing the activities and decisions by, of, or relating to, the District and any affected persons or entities. (2) Legal description. The metes and bounds legal description of the District, within which there are no enclaves or parcels of property owned by those who do not wish their property to be included within the District, is as follows: METES AND BOUNDS DESCRIPTION (3) Board of supervisors; members and meetings; organization; powers; duties; and terms of office with related election requirements. (a) The board of the District shall exercise the powers granted to the District pursuant to this Act in order to implement its specialized single purpose. (b) There is hereby created the Board of Supervisors of the Stewardship Community District which shall be the governing board and body of the District. Except as otherwise provided herein, each member shall hold office for a term of four years and until a successor is chosen and qualifies. There shall be five members of the Board of Supervisors who DRAFT #15 Ken van Assenderp 10-20-03 shall, in order to be eligible, be residents of the State of Florida and citizens of the United States. Three members shall constitute a quorum. (c) Within in 45 days after this Act becomes a law, a special noticed meeting of the landowners of the Ave Maria Stewardship Community District shall be held for the purpose of electing the members to the first Board of Supervisors for the District as herein provided. Notice of such special meeting of the landowners shall be given by causing publication thereof to be made once a week for two consecutive weeks prior to such meeting in a newspaper of general paid subscription and circulation in Collier County the last day of such publication not to be fewer than 14 or more than 28 days before the day of the election. Such special meeting of the landowners shall be held in a public place in Collier County and the place, date and hour of holding such meeting and the purpose whereof shall be stated expressly in the notice. The landowners when assembled shall organize by electing a Chair, who shall preside at the meeting of the landowners and a Secretary, who shall record the proceedings. At such meeting, for the election of each person to be elected, each and every acre of land, or any fraction thereof, within the boundary of the District shall represent one vote and each owner of that acre of fraction thereof shall be entitled to one vote for every such acre or fraction thereof. Persons who qualify to serve as board members shall be nominated at the noticed meeting and prior to the initial election at the noticed meeting. A landowner may vote in person or by proxy in writing. A landowner who sells land to a bona fide purchaser may by written lawful instrument retain the right to vote per acre or fraction of acre until the vote is based upon one vote. per one qualified elector pursuant to s. 4, ss. (4). (d) At the landowners meeting for the election of the members of the Board of Supervisors on a one-acre/one-vote basis. The two candidates receiving the highest number of votes shall be elected for a period of four years and the three candidates receiving the next largest number of votes shall be elected for a period of two years. The members of the first board elected by the landowner shall serve as their four year or two year term; however, the next election by the landowner shall be held on a first Tuesday in November. Thereafter, there shall be an election of supervisors for the District every two years in November on a date established by the board and noticed pursuant to paragraph (c). The two candidates receiving the highest 26 DRAFT #15 Ken van Assenderp 10-20-03 number of votes shall be elected to serve for a four year period and the remaining candidates shall serve for a two year period. (e) The landowners present at the meeting shall constitute a quorum. (f) All vacancies or expirations on the Board shall be filled as provided by this Act. (g) In case of a vacancy in the office of any member of the Board of Supervisors, the remaining members of the Board of Supervisors shall fill such vacancy by majority vote until the expiration of the outstanding term for that seat vacancy at which time a successor shall be elected by the landowners by this Act. (h) If the board proposes to exercise its limited ad valorem taxing power as provided elsewhere in this Act charter, then the provisions of s 4 ss (14) paragraph (a) in this Act shall apply. (4) Election; popular elections, referendum and designation of urban areas: (a) Elections of the members of the Board of Supervisors of the District shall be conducted on a one-acre/one-vote basis as provided in Section 4, subsection (3) and sub- subsection (c) of this Act, until and unless the provisions of Section 4, sub-subsection (4)(b) apply. When and as applicable and required, the appropriate provisions of section 189.405, Fla. Stat., as amended from time-to-time, apply. (b) Referendum; designation of urban areas. 1. a referendum shall be called by the Board of Supervisors of the District, each member elected on a one-acre/one-vote basis, on the question of whether certain members of the board should be elected by qualified electors, providing each of the following conditions has been satisfied at least 60 days prior to the general or special election at which the referendum is to be held: a. the District shall have a total population, according to the latest official state census, a special census or a population estimate, of at least 500 qualified electors. b. a petition signed by 10% of the qualified electors of the District shall have been filed with the Board of Supervisors of the District. The petition shall be submitted to the Supervisor of Elections of Collier County who shall, within 30 days after receipt of the petition., certified to the board the number of signatures of qualified electors contained on 27 the petition. DRAFT #15 Ken van Assenderp 10-20-03 2. upon verification by the Supervisor of Elections that 10% of the qualified electors of the District have petitioned the Board of Supervisors at the next regularly scheduled election of governing board members occurring at least 30 days after verification of the petition or within six months of verification, whichever is earlier. 3. if the qualified electors approve the election procedure described in this section, the governing board of the District shall remain five members and elections shall be held pursuant to the criteria described in this section, beginning with the next regularly scheduled election of governing board members or at a special election called within six months following the referendum and final unappealed approval of District urban area maps as provided in this section, whichever is earlier. 4. if the qualified electors of the District disapprove the election procedure described in this section, elections of the members of the Board of Supervisors shall continue as described in this Act on a one-acre/one-vote basis. No further referendum on the question shall be held for a minimum period of two years following the referendum. 5. within 30 days after approval of the election process described in this section by qualified electors of the District, the Board of Supervisors shall direct the District staff to prepare and to present maps of the District describing the extent and location of all urban areas within the District, such determination shall be based upon the criteria contained in the definition of "urban area", in this Act. 6. within 60 days after approval of the election process described in the subsection by qualified electors of this District, the maps describing urban areas within the District shall be presented to the Board of Supervisors. 7. any District landowner or elector may contest the accuracy of the urban area maps prepared by the staff of the District within 30 days after submission to the Board of Supervisors. Upon notice of objection to the maps, the governing board shall request the county engineer to prepare and to present maps of the District describing the extent and location of all urban areas within the District. Such determination shall be based limitedly and exclusively upon the criteria contained in the definition in this Act of "urban area". Within 30 days after the governing board requests, the county engineer shall present the maps to the governing board. 28 DRAFT #15 Ken van Assenderp 10-20-03 8. upon presentation of the maps by the county engineer, the governing board shall compare the maps submitted by both the District staff and the county engineer and make a determination as to which set of maps to adopt. Within 60 days after presentation of all such maps, the governing board may amend and shall adopt the official maps at a regularly scheduled board meeting. 9. any District landowner or qualified elector may contest the accuracy of the urban area maps adopted by the Board within 30 days after adoption by petition to circuit court with jurisdiction over land area within the District. Accuracy shall be determined pursuant to the definition of "urban area" in this Act. Any petition so filed shall be heard expeditiously, and the map either shall be approved or approved with necessary amendments to render the maps accurate and shall be certified to the Board. 10. upon adoption by the Board or certification by the court, the District urban area maps shall serve as the official maps for determination of the extent of urban area within the District and the number of members of the Board of Supervisors to be elected by qualified electors and by the one-acre/one-vote principle at the next regularly scheduled election of governing board members. 11. upon a determination of the percentage of urban area within the District as compared with total area within the District, the governing board shall order electors in accordance with the percentages pursuant to paragraph (4)(b) below. The landowners' meeting date shall be designated by the Board of Supervisors. 12. the map shall be updated and re-adopted every five years or sooner at the discretion of the Board of Supervisors. (c) Governing Board 1. Composition of the board. a. The five members of the governing board of the District shall be elected in accordance with the following determinations of urban area: (I) if urban areas constitute 25 percent or less of the District, one governing board member shall be elected by the qualified electors and four governing board members shall be elected in accordance with the one-acre/one-vote principle contained within s. (3)or the district-enabling legislation. ~t~1/.4 29 DRAFT #15 Ken van Assenderp 10-20-03 (II) if urban areas constitute 26 percent to 50 percent of the District, two governing board members shall be elected by the qualified electors and three governing board members shall be elected in accordance with the one-acre/one-vote principle contained in s. (3) or the district-enabling legislation. (llI) if urban areas constitute 51 percent to 70 percent of the District, three governing board members shall be elected by the qualified electors and two governing board members shall be elected in accordance with the one-acre/one-vote principle contained in s. (3) or the district-enabling legislation. (IV) if urban areas constitute 71 percent to 90 percent of the District, four governing board members shall be elected by the qualified electors and one governing board member shall be elected in accordance with the one-acre/one-vote principle contained in s. (3) or the district-enabling legislation. (V) If urban areas constitute 91 percent or more of the District, all governing board members shall be elected by the qualified electors. b. All members of the Board of Supervisors, regardless of how elected, shall be public officers, known as Supervisors, and, upon entering into office, shall take and subscribe to the oath of office as prescribed by section 87.05, Fla. Stat., as amended from time-to-time. All members of the Board of Supervisors, regardless of how elected, and regardless of whether they are qualified electors themselves or not, shall be public officials and subject to ethics and conflict of interest laws of the State of Florida that apply to all public officers. They shall hold office for the terms for which they were elected and until there successors are chosen and qualified. c. All governing board members elected by qualified electors shall be qualified electors elected at large. Candidates seeking election as qualified electors shall conduct their campaigns in accordance with the provisions of Chapter 106, Fla. Stat., as amended from time-to-time, and shall file petitions as required in section 99.021, Fla. Stat., as amended from time-to-time, and take the oath therein prescribed. (I) term of office. -- All governing board members elected by qualified electors shall have a term of 4 years except for governing board members elected at DRAFT #15 Ken van Assenderp 10-20-03 the first election and the first landowners' meeting following the referendum prescribed in s. 4, ss. (4). Governing board members elected at the first election and the first landowners' meeting following the referendum shall serve as follows: (1I) If one governing board member is elected by the qualified electors and four are elected on a one-acre/one-vote basis, the governing board members elected by the qualified electors shall be elected for a period of 4 years. Governing board members elected on a one-acre/one-vote basis shall be elected for periods of years, respectively, as prescribed by s. 4, ss. (3). (m) If two governing board members are elected by the qualified electors and three are elected on a one-acre/one-vote basis, the governing board members elected by the qualified electors shall be elected for a period of 4 years. Governing board members elected on a one-acre/one-vote basis shall be elected for periods of 1, 2, and 3 years, respectively, as prescribed by s. 4, ss. (3). (IV) If three governing board members are elected by the qualified electors and two are elected on a one-acre/one-vote basis, two of the governing board members elected by the electors shall be elected for a term of 4 years and the other governing board member elected by the electors shall be elected for a term of 2 years. Governing board members elected on a one-acre/one-vote basis shall be elected for periods of 1 year and 2 years, respectively, as prescribed by s. 4, ss. (3). (V) If four governing board members are elected by the qualified electors and one is elected on a one-acre/one-vote basis, two of the governing board members elected by the electors shall be elected for a term of 2 years and the other two for a term of 4 years. The governing board member elected on a one-acre/one-vote basis shall be elected for a term of 1 year as prescribed by s. 4, ss. (3). (VI) If five governing board members are elected by the qualified electors, three shall be elected for a term of 4 years and two for a term of 2 years. (VII) If any vacancy occurs in a seat occupied by a governing board member elected by the qualified electors, the remaining members of the governing board shall, within 45 days after the vacancy occurs, appoint a person who would be, eligible to hold the office to the unexpired term. 31 Ken van Assenderp 10-20-03 DRAFT #15 (VIII) Each and every election, by qualified electors, of members of the Board of Supervisors pursuant to this Act shall be conducted in the manner and at a time prescribed by law for holding general elections or prescribed by the Supervisor of Elections in and for the Collier County political subdivision under authority of Section 11 (a)( 1 ), Article A, m, Florida Constitution. d. Landowners' meetings.- (I) An annual landowners' meeting shall be held pursuant to s. 4, ss. (3) and at least one governing board member shall be elected on a one-acre/one-vote basis pursuant to s. 4, ss. (3) for so long as 10 percent or more of the District is not contained in an urban area. In the event all District governing board members are elected by qualified electors, there shall be no further landowners meetings. (II) at any landowners' meeting called pursuant to this section, 50 percent of the District acreage shall not be required to constitute a quorum and each governing board member shall be elected by a majority of the acreage represented either by owner or proxy present and voting at said meeting. (m) all landowners' meetings of districts operating pursuant to this section shall be set by the board within the month preceding the month of the election of the governing board members by the electors. (IV) Vacancies on the board shall be filled pursuant to s. 4, ss. (3) and (4) except as otherwise provided in s, 4. e. Three of the members of the Board of Supervisors constitute a quorum for the purpose of conducting its business and exercising its powers and for all other related purposes. Action taken by the District Board of Supervisors present shall be, upon a vote of the majority of the members present, unless general law or rule of the District subsequently promulgated requires a greater number. f. As soon as practicable after each election or appointment, the Board shall organize by electing one of its members as Chair and by electing a Secretary who need not be a member of the Board, as such other officers as the Board may deem necessary. g. The Board shall keep a permanent record book entitled "Record c~f Proceedings of Ave Maria Stewardship Community District," in which shall be recorded minutes DRAFT #15 Ken van Assenderp 10-20-03 meetings, resolutions, proceedings, certificates, bonds given by all employees, and any and all corporate acts. The record book shall at reasonable times be opened to inspection in the same manner as state, county, and municipal records pursuant to chapter 119. The record book shall be kept at the office or other regular place of business maintained by the board in the general purpose local government in which the District is located or within the boundaries of a development of regional impact or Florida Quality Development, or combination of a development of regional impact and Florida Quality Development, which includes the District. h. Each supervisor shall be entitled to receive for his or her services an amount not to exceed $200 per meeting of the board of supervisors, not to exceed $4,800 per year per supervisor, or an amount established by the electors at referendum. In addition, each supervisor shall receive travel and per diem expenses as set forth in s. 112.061, Fla. Stat., as amended from time-to-time. i. Ali meetings of the board shall be open to the public and governed by the provisions of chapter 286. 2. The members of the Board of Supervisors of the District, whether elected on a one- acre/one-vote basis or a qualified elector basis, shall constitute the members of the governing board of the District subject to the requirements of this Act. (5). Board of supervisors; general duties.-- (a) The board shall employ, and fix the compensation of, a district manager. The District manager shall have charge and supervision of the works of the District and shall be responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the provisions of this Act, for maintaining and operating the equipment owned by the District, and for performing such other duties as may be prescribed by the board. It shall not be a conflict of interest under chapter 112, as amended from time-to-time, for a board member or the district manager or another employee of the District to be a stockholder, officer, or employee of a landowner. The district manager may hire or otherwise employ and terminate the employment of such other persons, including, without limitation, professional, supervisory, and clerical employees, as may be necessary and authorized by the board. The' compensation and other conditions of employment of the officers and employees of the District shall be as provided by. the board. DRAFT #15 Ken van Assenderp 10-20-03 (b) The board shall designate a person who is a resident of the state as treasurer of the District, who shall have charge of the funds of the District. Such funds shall be disbursed only upon the order, or pursuant to the resolution, of the board by warrant or check countersigned by the treasurer and by such other person as may be authorized by the board. The board may give the treasurer such other or additional powers and duties as the board may deem appropriate and may fix his or her compensation. The board may require the treasurer to give a bond in such amount, on such terms, and with such sureties as may be deemed satisfactory to the board to secure the performance by the treasurer of his or her powers and duties. The financial records of the board shall be audited by an independent certified public accountant at least once a year. (c) The board is authorized to select as a depository for its funds any qualified public depository as defined in s. 280.02, as amended from time-to-time which meets all the requirements of chapter 280, as amended from time-to-time, and has been designated by the Treasurer as a qualified public depository, upon such terms and conditions as to the payment of interest by such depository upon the funds so deposited as the board may deem just and reasonable. (6). Budget; reports and reviews.-- (a) The District shall provide financial reports in such form and such manner as prescribed pursuant to this chapter and chapter 218, as amended from time-to-time. (b) On or before each July 15, the district manager shall prepare a proposed budget for the ensuing fiscal year to be submitted to the board for board approval. The proposed budget shall include at the direction of the board an estimate of all necessary expenditures of the District for the ensuing fiscal year and an estimate of income to the District from the taxes and assessments provided in this Act. The board shall consider the proposed budget item by item and may either approve the budget as proposed by the district manager or modify the same in part or in whole. The board shall indicate its approval of the budget by resolution, which resolution shall provide for a hearing on the budget as approved. Notice of the hearing on the budget shall be published in a newspaper of general circulation in the area of the District once a week for 2 consecutive weeks, except that the first publication shall be not fewer than 15 days prior to the date of the hearing. The notice shall further contain a designation of the day, time, and place of : the public hearing. At the time and place designated in the notice, the board shall hear all 34 DRAFT #15 Ken van Asscnderp 10-20-03 objections to the budget as proposed and may make such changes as the board deems necessary. At the conclusion of the budget hearing, the board shall, by resolution, adopt the budget as finally approved by the board. The budget shall be adopted prior to October 1 of each year. (c) At least 60 days prior to adoption, the District Board shall submit to the Collier County Board of County Commissioners for purposes of disclosure and information only, the proposed annual budget for the ensuing fiscal year and the Board of County Commissioners may submit written comments to the Board of Supervisors solely for the assistance and information of the Board of Supervisors of the District in adopting its annual District budget. (d) The Board of Supervisors of the District shall submit annually, to the Board of County Commissioners of Collier County, its District public facilities report under section 189.415(2), Fla. Stat., as amended from time-to-time, addressing specifically short-term and long-term innovative systems, facilities and services consistent with the unique nature of the new university town community in the East Collier County Stewardship Area Overlay, as to which the Board of County Commissioners of Collier County shall use and rely on the District public facilities report in the preparation or revision of the Collier County Growth Management Plan, specifically under section 189.415(6), Fla. Stat, as amended from time-to-time. (7). Disclosure of public financing.-- (a) The District shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the District. Such information shall be made available to all existing residents, and to all prospective residents, of the District. The District shall furnish each developer of a residential development within the District with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy, and any developer of a residential development within the District, when required by law to provide a public offering statement, shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement. (b) The Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business and Professional Regulation shall ensure that disclosures made by developers pursuant to chapter 498 meet the requirements of s. 4, ss (7) paragraph (a). 35 ¸. DRAFT #15 Ken van Assenderp 10-20-03 (8). General powers.--The District shall have, and the board may exercise, the following powers: (a) To sue and be sued in the name of the District; to adopt and use a seal and authorize the use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to dispose of, real and personal property, or any estate therein; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers. (b) To apply for coverage of its employees under the state retirement system in the same manner as if such employees were state employees, subject to necessary action by the District to pay employer contributions into the state retirement fund. (c) To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature. Such contracts shall be subject to public bidding or competitive negotiation requirements as set forth in section 4, subsection (21) (d) To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any District purposes and enter into agreements required in connection therewith: and to hold, use, and dispose of such moneys or property for any District purposes in accordance with the terms of the gift, grant, loan, or agreement relating thereto. (e) To adopt rules and orders pursuant to the provisions of chapter 120, as amended from time-to-time, prescribing the powers, duties, and functions of the officers of the District; the conduct of the business of the District; the maintenance of records; and the form of certificates evidencing tax liens and all other documents and records of the District. The board may also adopt administrative rules with respect to any of the projects of the District and define the area to be included therein. The board may also adopt resolutions which may be necessary for the conduct of District business. (f) To maintain an office at such place or places as it may designate within a county in which the District is located or within the boundaries of a development of regional impact or a Florida Quality Development, or a combination of a development of regional impact and a Florida Quality Development, which includes the district, which office must be reasonably accessible to the landowners. Meeti.ngs pursuant to s. 189.417(3), as amended from time-to-time, of a District within the boundaries of a development of regional impact or Florida 36 DRAFT #15 Ken van Assenderp 10-20-03 Development, or a combination of a development of regional impact and a Florida Quality Development, may be held at such office. (g) To hold, control and acquire by donation, purchase or condemnation, or dispose of, any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this Act other than public easements conveyed to or accepted by Collier County and to make use of such easements, dedications, or reservations for the purpose mandated by this Act. (h) To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any projects of the type that the District is authorized to undertake and facilities or property of any nature for the use of the District to carry out the purpose mandated by this Act. (i) To borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as hereinafter provided; to levy such tax and assessments as may be authorized; and to charge, collect, and enforce fees and other user charges subject as applicable to section 4, subsection (10) to subsection (13). (j) To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of the District activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law. (k) To exercise within the District, or beyond the District with prior approval by super majority vote of a resolution of the governing body of the county if the taking will occur in an unincorporated area the right and power of eminent domain, pursuant to the provisions of chapters 73 and 74, as they may be amended from time-to-time, over any property within the state, except municipal, county, state, and federal property, for the uses and purpose of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land of another. (1) To cooperate with, or contract with, other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this Act. /~) ~ 37 DRAFT #15 Ken van Assenderp 10-20-03 (m) To assess and to impose upon lands in the District ad valorem taxes as provided and limited by this Act. (n) If and when authorized by general law, to determine, order, levy, impose, collect and enforce maintenance taxes. (o) To determine, order, levy, impose, collect, and enforce assessments pursuant to this Act, which sets forth a detailed uniform procedure to implement 170 and as an alternative to determine, order, levy, impose, collect, and enforce assessments under and pursuant to chapter 170, Fla. Stat., as amended from time-to-time, pursuant to authority granted in section 197.3631, Fla. Stat., as amended from time-to-time, or pursuant to other provisions of general law, now or hereinafter enacted, which provide or authorize a supplemental means to impose, levy and collect special assessments. Such special assessments, in the discretion of the District, as provided in s. 197.3631, Fla. Stat., as amended from time-to-time, may be collected and enforced pursuant to the provisions of ss. 197.3632, and 197.3635, Fla. Stat., Chapter 170, Fla. Stat., Chapter 173, Fla. Stat., as they may be amended from time-to-time, or as provided by this Act. (p) To exercise such special powers and other express powers as may be authorized and granted by this Act in the charter of the District including powers as provided in any interlocal agreement entered into pursuant to chapter 163, Fla. Stat., as amended from time- to-time, or which shall be required or permitted to be undertaken by the District pursuant to any development order or development of regional impact, including any interlocal service agreement with Collier County for fair-share capital construction funding for any certain capital facilities or systems required of the developer pursuant to any applicable development order or agreement. (q) To exercise such special powers and other express powers as may be authorized by this Act in the charter of the District. (r) To exercise all of the powers necessary, convenient, incidental or proper in connection with any of the general, special or other powers, duties or purposes authorized by this Act. The enumeration of the general powers herein shall not be deemed exclusive or restrictive but shall be deemed to incorporate all implied powers necessary or incident to carrying out such general powers enumerated, including, specifically, authority and power to employ personnel, expend funds, enter into contractual obligations and purchase or lease and sell or exchange real and personal property. /0/q DRAFT #15 Ken van Assenderp 10-20-03 (s) The provisions of this section on general powers shall be construed liberally in order to carry out effectively the single specialized purpose of this Act and to secure for the District its ability to be innovative in and for the Rural Lands Stewardship Overlay. (9). Special Powers - The District shall have the following special powers to implement its lawful, single and special purpose and to provide, pursuant to that purpose, basic, systems, facilities, services, improvements, projects, works and infrastructure in and for the Stewardship Overlay, each of which constitutes a lawful public purpose when exercised pursuant to this charter, subject to, and not inconsistent with, the regulatory jurisdiction and permitting authority of all other applicable governmental bodies, agencies, and special districts having authority with respect to any area included therein, and to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, finance, fund and maintain improvements, systems, facilities, services, works, projects and infrastructure any or all of the following special powers relating to public improvements and community facilities authorized by this Act in order to implement the special requirements of this university community within the Stewardship Overlay: (a) Water management and control for the lands within the District and to connect some or any of such facilities with roads and bridges. In the event that the board assumes the responsibility for providing water management and control for the District which is to be financed by a benefit special assessments, the board shall adapt plans and assessments pursuant to law or may proceed to adopt water management and control plans, assess for benefits, and apportion and levy special assessments, as follows: 1. The board shall cause to be made by the District's engineer, or such other engineer or engineers as the board may employ for that purpose, complete and comprehensive water management and control plans for the lands located within the District that will be improved in any part or in whole by any system of facilities that may be outlined and adopted, and the engineer shall make a report in writing to the board with maps and profiles of said surveys and an estimate of the cost of carrying out and completing the plans. 2. Upon the completion of such plans, the board shall hold a hearing thereon to 39 hear DRAFT #15 Ken van Assenderp 10-20-03 objections thereto, shall give notice of the time and place fixed for such hearing by publication once each week for 2 consecutive weeks in a newspaper of general circulation in the general area of the District, and shall permit the inspection of the plan at the office of the District by all persons interested. All objections to the plan shall be filed at or before the time fixed in the notice for the hearing and shall be in writing. 3. After the hearing, the board shall consider the proposed plan any objections thereto and may modify, reject or adopt the plan or continue the hearing to a day certain for further consideration of the proposed plan or modifications thereof. 4. When the board approves a plan, a resolution shall be adopted and a certified copy thereof shall be filed in the office of the secretary and incorporated by him or her into the records of the District. 5. The water management and control plan may be altered in detail from time-to- time until the appraisal record herein provided is filed, but no in such manner as to affect materially the conditions of its adoption. After the appraisal record has been filed, no alteration of the plan shall be made, except as provided by this Act. 6. Within 20 days after the final adoption of the plan by the board, the board shall proceed pursuant to s. 298.301, as amended from time-to-time. (b) Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and any irrigation systems, facilities and services and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system. 1. Purchase, privatization, or sale of water, sewer, or wastewater reuse utility by District.-- The District may not purchase or sell a water, sewer, or wastewater reuse utility that provides service to the public for compensation, or enter into a wastewater facility privatization contract for a wastewater facility, until the governing body of the Stewardship Community District has held a public hearing on the purchase, sale, or wastewater facility privatization contract and made a determination that the purchase, sale, or wastewater .facility privatization 40 contract is in the public interest. fO/C. DRAFT #15 Ken van Assenderp 10-20-03 2. In determining if the purchase, sale or wastewater facility privatization contract is in the public interest, the Stewardship Community District shall consider, at a minimum, the following: a. The most recent available income and expense statement for the utility; b. The most recent available balance sheet for the utility, listing assets and liabilities and clearly showing the amount of contributions-in-aid-of-construction and the accumulated depreciation thereon; c. A statement of the existing rate base of the utility for regulatory purposes; d. The physical condition of the utility facilities being purchased, sold, or subject to a wastewater facility privatization contract; e. The reasonableness of the purchase, sales, or wastewater facility privatization contract price and terms; f. The impacts of the purchase, sale, or wastewater facility privatization contract on utility customers, both positive and negative; g. Any additional investment required and the ability and willingness of the purchaser or the private firm under a wastewater facility privatization contract to make that investment, whether the purchaser is the District or the entity purchasing the utility from the District; h. In the case of a wastewater facility privatization qontract, the terms and conditions on which the private firm will provide capital investment and financing or a combination thereof for contemplated capital replacements, additions, expansions, and repairs. The District shall give significant weight to this criteria. i. The alternatives to the purchase, sale, or wastewater facility privatization contract and the potential impact on utility customers if the purchase, sale, or wastewater facility privatization contract is not made; j. The ability of the purchaser or the private film under a wastewater facility privatization contract to provide and maintain high-quality and cost-effective utility service, whether the purchaser is the District or the entity purchasing the utility from the District; 41 DRAFT #15 Ken van Assenderp 10-20-03 k. In the case of a wastewater facility privatization contract, the District shall give significant weight to the technical expertise and experience of the private firm in carrying out the obligations specified in the wastewater facility privatization contract; and 1. All moneys paid by a private firm to a District pursuant to a wastewater facility privatization contract shall be used for the purpose of reducing or offsetting property taxes, wastewater service rates, or debt reduction or making infrastructure improvements or capital asset expenditures or other public purpose; provided, however, nothing herein shall preclude the District from using all or part of the moneys for the purpose of the District's qualification for relief from the repayment of federal grant awards associated with the wastewater system as may be required by federal law or regulation. The District shall prepare a statement showing that the purchase, sale, or wastewater facility privatization contract is in the public interest, including a summary of the purchaser's or private firm's experience in water, sewer, or wastewater reuse utility operation and a showing of financial ability to provide the service, whether the purchaser or private firm is the District or the entity purchasing the utility from the District. (c) Bridges or culverts that may be needed across any drain, ditch, canal, flood way, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut. (d) District roads equal to or exceeding the specifications of the county in which such District roads are located, and street lights, including conditions of development approval which sometimes may be different specifications then the normal specifications of the county. This special power includes construction, improvement, pavement and maintenance of roadways and roads necessary and convenient for the exercise of the powers or duties of the District to implement its single purpose and to include as a component of roads, parkways, bridges, landscaping, irrigation, bicycle, and jogging paths, street lighting, traffic signals, road striping and all other customary elements of a modern road system in general or as tied to the conditions of development approval for the specific Ave Maria Community Development and to plan, implement, construct or reconstruct, enlarge or extend, finance fund, equip, operate and maintain 42 DRAFT #15 Ken van Assenderp 10-20-03 parking facilities free standing or as may be related to any innovative strategic intermodel system of transportation pursuant to applicable federal, state and local law and ordinance. (e) Buses, trolleys, transit shelters, ride sharing facilities and services, parking improvements, and related signage. (f) Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the District under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the District and who caused or contributed to the contamination. (g) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property. (h) Any other project within or without the boundaries of a District when the project is the subject of an agreement between the District and the Board of County Commissioners of Collier County and is not inconsistent with the Collier County Comprehensive Plan and the Growth Management Act and the Stewardship Overlay. (i) Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. (j) Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment. (k) School buildings and related structures, which may be leased, sold, or donated to the school district, for use in the educational system when authorized by the district school board. To contract with the Collier County School Board and, as applicable, the Board of County Commissioners of Collier County, and with the applicable landowner developer of the lands within the jurisdiction of the District, to assess the school district educational facilities plan and to implement a management and financing plan for timely construction, maintenance and acquisition, at the option of the Stewardship Community District, school facilities, including facilities identified in the facilities work programs or those proposed by charter schools. The Stewardship Community District is granted the special power to determine, order, levy, impose, collect or arrange for the collection and enforcement of assessments, as defined in this Act, pursuant to this Act for such school facilities. The Stewardship Community District created under and by this Act is eligible for the financial enhancements available to educational facility districts to provide for financing the construction and 43 maintenance of educational facilities DRAFT #15 Ken van Assenderp 10-20-03 pursuant to s. 1013.356, Fla. Stat., and, if and when authorized by general law, to acquire such educational facilities. This Act in the place of an educational facilities benefit district, authorizes the Collier County School Board to designate the Ave Maria Stewardship Community District. The Stewardship Community District is authorized to enter into an interlocal agreement with the Collier County School Board and, as applicable, the Board of County Commissioners of Collier County, and applicable private landowners and developers, and the Ave Maria University, in order to provide for such construction, maintenance and acquisition and in order to receive the applicable financial enhancements provided by s. 1013.356, Fla. Stat. The interlocal agreement shall among other things consider absorption rates, sales rates, and related data of existing and projected schools, racial, ethnic and social economic balance within the Collier County School District under applicable state and federal law and the provision of school attendance zones to allow students residing within a reasonable distance of the facilities constructed and financed through the interlocal agreement to attend such facilities. It is provided, because these facilities are funded by assessments, and not by taxes of any type, that the provision of these facilities may be multi-use and, consistent with the provisions of this Act, shall be first liens on the property upon a showing of special and peculiar benefits that flow to the applicable property as a logical connection from the systems, facilities and services, resulting in added use, enhanced enjoyment, decreased insurance premiums and enhanced value in marketability so that the Legislature finds that the provisions of the Florida Constitution for free public schools is implemented and enhanced. (1) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. Notwithstanding any provision of general law, the District may operate guardhouses for the limited purpose of providing security for the residents of the District and which serve a predominate public, as opposed to private, purpose. Such guardhouses shall be operated by the District or other unit of local government pursuant to procedures designed to serve such security purposes as set forth in rules, adopted by the board, from time to time, following the procedures set froth in Chapter 120, Fla. Stat, as amended from time-to-time. 44 DRAFT #15 Ken van Assenderp 10-20-03 (m) Control and elimination of mosquitoes and other arthropods of public health importance. (n) Waste, waste collection and disposal. (o) To enter into impact fee credit agreements with Collier County. Under such agreements, where the District constructs or makes contributions for public systems, facilities, services, projects, improvements, works and infrastructures for which impact fee credits would be available to the landowner developer, under the Collier County applicable impact fee ordinance, the agreement authorized by this Act may provide such impact fee credit shall enure to the landowners within the District in portion to assessments or other burdens levied and imposed upon the landowners with respect to assessable improvements giving rise to such impact fee credits, and the District shall from time-to-time, execute such instruments (such as assignments of impact fee credits) as may be necessary, appropriate or desirable to accomplish or to confirm the foregoing. (p) District Government Departments. -To establish and create, at noticed meetings, such government departments of the Board of Supervisors of the District, as well as, committees, task forces, boards or commissions, or other agencies under the supervision and control of the District, as from time-to-time the members of the Board of Supervisors may deem necessary or desirable in the performance of the acts or other things necessary to exercise its general or special powers to implement an innovative project to carry out the special purpose of the District as provided in this Act and to delegate the exercise of its powers to such departments, boards, task forces, committees or other agencies such administrative duties and other powers as the Board of Supervisors may deem necessary or desirable but only if there is a set of expressed limitations for accountability, notice and periodic written reporting to the Board of Supervisors which shall retain its powers. (q) District Phase Entities, Units. - Consistent with stewardship of the Rural Land Stewardship Area Overlay and so long as not inconsistent with the applicable local government comprehensive plan and development entitlements, the District may coordinate with the landowner developer and with the university on the phasing of the delivery of infrastructure and may create phase entities or units for its charter purpose. Toward this end, and so long as it implements the purpose of the District under this Act,' the Board of Supervisors may designate,. DRAFT #15 Ken van Assenderp 10-20-03 therefore, units of development and adopt systems of progressive phased development by units with related management planning, implementation, construction, maintenance and financing within its phased unit. If the Board of Supervisors proceeds to designate such phased units of development, it must adopt at a noticed meeting pursuant to Chapter 120, as amended from time- to-time, a rule setting forth detailed procedures and authorizations for such phase unit processes. A committee, department or agency of the Board shall be given express duty of oversight with monthly written reports to the Board of Supervisors. No such phased units can begin or operate until or unless the required noticed rule has been promulgated. With regard to any phased unit, there shall be no bonded indebtedness and no levy of any lienable or non-lienable revenue, whether to amortize bonds or not, within the boundary of a phrased unit other than by the Board of Supervisors and pursuant to the powers, procedures and provisions of this Act and other applicable laws. (r) District Buildings and Structures. - To plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, maintain, finance and fund buildings and structures for District offices, maintenance facilities, meeting facilities, town centers or any other project authorized or granted by this Act upon a showing at a noticed meeting of its efficacy to the specialized single purpose of this District for the new university town community in the Rural Land Stewardship Overlay (s) Health Care Facilities. - To plan, establish, acquire, construct or reconstruct, enlarge or extend., equip, operate, maintain and finance and fund edifices and facilities for the provision of healthcare, and to include the operation of any one or more of such facilities, when authorized by applicable public or private agencies providing healthcare and upon a showing of efficacy to carry-out the purpose of the District in the Rural and Stewardship Overlay (t) Innovative Agreements with Ave Maria University. - To enter into an agreement with the Ave Maria University, upon a showing of efficacy in implementing the single specialized purpose of the District in the Stewardship Overlay, for the planning, establishment, acquisition, construction or reconstruction, enlarging or extending, equipping, operating, maintaining, financing and funding any innovative system, facility or service constituting a project as defined in this Act. : 46 DRAFT #15 Ken van Assenderp 10-20-03 (u) Rules. - To adopt and enforce appropriate rules following the procedures of chapter 120, in connection with the provisions of one or more its systems, facilities, services, projects, improvements, works and infrastructure. (v) The enumeration of special powers herein shall not be deemed exclusive or restrictive, but shall be deemed to incorporate all powers express or implied necessary or incident to carrying out such enUmerated special powers, including also the general powers provided by this special act charter to the District to implement its single purpose. (w) The provisions of this section on special powers shall be construed liberally in order to carry out effectively the single purpose of this District under this Act and to secure for the District its ability to be innovative in and for the Rural Lands Stewardship Overlay. (10). Issuance of Bond Anticipation Notes.--In addition to the other powers provided for in this Act, and not in limitation thereof, the District shall have the power, at any time, and from time to time after the issuance of any bonds of the District shall have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in excess of the authorized maximum amount of such bond issue. Such notes shall be in such denomination or denominations, bear interest at such rate as the board may determine in compliance with s. 215.84, as amended from time-to4ime, mature at such time or times not later than 5 years from the date of issuance, and be in such form and executed in such manner as the board shall prescribe. Such notes .may be sold at either public or private sale or, if such notes shall be renewal notes, may be exchanged for notes then outstanding on such terms as the board shall determine. Such notes shall be paid from the proceeds of such bonds when issued. The board may, in its discretion, in lieu of retiring the notes by means of bonds, retire them by means of current revenues or from any taxes or assessments levied for the payment of such bonds; but in such event a like amount of the bonds authorized shall not be issued. (I 1). Short-term borrowing.---The District at any time may obtain loans, in such amount and on such terms and conditions as the board may approve, for the purpose of paying any of the expenses of the District or any costs incurred or that may be incurred in connection with any of the projects of the District, which loans shall bear such interest as the board may determine in compliance with s. 215.84, as amended from time-to-time, and may be payable from and secured 47 DRAFT #15 Ken van Assenderp 10-20-03 by a pledge of such funds, revenues, taxes, and assessments as the board may determine, subject, however, to the provisions contained in any proceeding under which bonds were theretofore issued and are then outstanding. For the purpose of defraying such costs and expenses, the District may issue negotiable notes, warrants, or other evidences of debt to be payable at such times, to bear such interest as the board may determine in compliance with s. 215.84, as amended from time-to-time, and to be sold or discounted at such price or prices not less than 95 percent of par value and on such terms as the board may deem advisable. The board shall have the right to provide for the payment thereof by pledging the whole or any part of the funds, revenues, taxes, and assessments of the District. The approval of the electors residing in the District shall not be necessary except when required by the State Constitution. (12). Bonds (a) SALE OF BONDS.--Bonds may be sold in blocks or installments at different times, or an entire issue or series may be sold at one time. Bonds may be sold at public or private sale after such advertisement, if any, as the board may deem advisable but not in any event at less than 90 percent of the par value thereof, together with accrued interest thereon. Bonds may be sold or exchanged for refunding bonds. Special assessment and revenue bonds may be delivered by the District as payment of the purchase price of any project or part thereof, or a combination of projects or parts thereof, or as the purchase price or exchange for any property, real, personal, or mixed, including franchises or services rendered by any contractor, engineer, or other person, all at one time or in blocks from time to time, in such manner and upon such terms as the board in its discretion shall determine. The price or prices for any bonds sold, exchanged, or delivered may be: 1. The money paid for the bonds; 2. The principal amount, plus accrued interest to the date of redemption or exchange, or outstanding obligations exchanged for refunding bonds; and 3. In the case of special assessment or revenue bonds, the amount of any indebtedness to contractors or other persons paid with such bonds, or the fair value of any properties exchanged for the bonds, as determined by the board. (b) AUTHORIZATION AND FORM OF BONDS.--Any general obligation 48 authorized by resolution or bonds, special assessment bondsi' or revenue bonds may be DRAFT #15 Ken van Assenderp 10-20-03 resolutions of the board which shall be adopted by a majority of all the members thereof then in office. Such resolution or resolutions may be adopted at the same meeting at which they are introduced and need not be published or posted. The board may, by resolution, authorize the issuance of bonds and fix the aggregate amount of bonds to be issued; the purpose or purposes for which the moneys derived therefrom shall be expended, including, but not limited to, payment of costs as defined in s. 2, sub-subsection (6)(j); the rate or rates of interest, in compliance with s. 215.84, as amended from time-to-time; the denomination of the bonds; whether or not the bonds are to be issued in one or more series; the date or dates of maturity, which shall not exceed 40 years from their respective dates of issuance; the medium of payment; the place or places within or without the state where payment shall be made; registration privileges; redemption terms and privileges, whether with or without premium; the manner of execution; the form of the bonds, including any interest coupons to be attached thereto; the manner of execution of bonds and coupons; and any and all other terms, covenants, and conditions thereof and the establishment of revenue or other funds. Such authorizing resolution or resolutions may further provide for the contracts authorized by s. 159.825(1)(f) and (g), as amended from time-to-time, regardless of the tax treatment of such bonds being authorized, subject to the finding by the board of a net saving to the District resulting by reason thereof. Such authorizing resolution may further provide that such bonds may be executed in accordance with the Registered Public Obligations Act, except that bonds not issued in registered form shall be valid if manually countersigned by an officer designated by appropriate resolution of the board. The seal of the District may be affixed, lithographed, engraved, or otherwise reproduced in facsimile on such bonds. In case any officer whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. (c) INTERIM CERTIFICATES; REPLACEMENT CERTIFICATES.--Pending the preparation of definitive bonds, the board may issue interim certificates or receipts or temporary bonds, in such form and with such provisions as the board may determine, exchangeable for definitive bonds when such bonds have been executed and are available for 49 '- DRAFT #15 Ken van Assenderp 10-20-03 delivery. The board may also provide for the replacement of any bonds which become mutilated, lost, or destroyed. (d) NEGOTIABILITY OF BONDS.--Any bond issued under this ct or any temporary bond, in the absence ol~ an express recital on the face thereof that it is nonnegotiable, shall be fully negotiable and shall be and constitute a negotiable instrument within the meaning and for all purposes of the law merchant and the laws of the state. (e) DEFEASANCE.--The board may make such provision with respect to the defeasance of the right, title, and interest of the holders of any of the bonds and obligations of the District in any revenues, funds, or other properties by which such bonds are secured as the board deems appropriate and, without limitation on the foregoing, may provide that when such bonds or obligations become due and payable or shall have been called for redemption and the whole amount of the principal and interest and premium, if any, due and payable upon the bonds or obligations then outstanding shall be held in trust for such purpose and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then and in such event the right, title, and interest of the holders of the bonds in any revenues, funds, or other properties by which such bonds are secured shall thereupon cease, terminate, and become void; and the board may apply any surplus in any sinking fund established in connection with such bonds or obligations and all balances remaining in all other funds or accounts other than money held for the redemption or payment of the bonds or other obligations to any lawful purpose of the District as the board shall determine. (f) ISSUANCE OF ADDITIONAL BONDS.--If the proceeds of any bonds are less than the cost of completing the project in connection with which such bonds were issued, the board may authorize the issuance of additional bonds, upon such terms and conditions as the board may provide in the resolution authorizing the issuance thereof, but only in compliance with the resolution or other proceedings authorizing the issuance of the original bonds. (g) REFUNDING BONDS.--The District shall have the power to issue bonds to provide for the retirement or refunding of any bonds or obligations of the District that at the time of such issuance are or subsequently thereto become due and payable, or that at the time of issuance have been called or are or will be subject to call for redemption within 10 years thereafter, or the surrender of which can be procured from the holders 5O thereof at prices DRAFT #15 Ken van Assenderp 10-20-03 satisfactory to the board. Refunding bonds may be issued at any time when in the judgment of the board such issuance will De advantageous to the District. No approval of the qualified electors residing in the District shall be required for the issuance of refunding bonds except in cases in which such approval is required by the State Constitution. The board may by resolution confer upon the holders of such refunding bonds all rights, powers, and remedies to which the holders would be entitled if they continued to be the owners and had possession of the bonds for the refinancing of which such refunding bonds are issued, including, but not limited to, the preservation of the lien of such bonds on the revenues of any project or on pledged funds, without extinguishment, impairment, or diminution thereof. The provisions of this Act pertaining to bonds of the District shall, unless the context otherwise requires, govern the issuance of refunding bonds, the form and other details thereof, the rights of the holders thereof, and the duties of the board with respect to them. (h) REVENUE BONDS.-- 1. The District shall have the power to issue revenue bonds from time to time without limitation as to amount. Such revenue bonds may be secured by, or payable from, the gross or net pledge of the revenues to be derived from any project or combination of projects; from the rates, fees, or other charges to be collected from the users of any project or projects: from any revenue-producing undertaking or activity of the District; from special assessments; or from benefit special assessments; or from any other source or pledged security. Such bonds shall not constitute an indebtedness of the District, and the approval of the qualified electors shall not be required unless such bonds are additionally secured by the full faith and credit and taxing power of the District. 2. Any two or more projects may be combined and consolidated into a single project and may hereafter be operated and maintained as a single project. The revenue bonds authorized herein may be issued to finance any one or more of such projects, regardless of whether or not such projects have been combined and consolidated into a single project. If the board deems it advisable, the proceedings authorizing such revenue bonds may provide that the District may thereafter combine the projects then being financed or theretofore financed with other projects to be subsequently financed by the District and that revenue bonds to be thereafter issued by the 'District shall be on parity with the revenue bonds then being issued, all on such 51 DRAFT #15 Ken van Assenderp 10-20-03 terms, conditions, and limitations as shall have been provided in the proceeding which authorized the original bonds. (i) GENERAL OBLIGATION BONDS.-- 1. Subject to the limitations of this charter, the District shall have the power from time to time to issue general obligation bonds to finance or refinance capital projects or to refund outstanding bonds in an aggregate principal amount of bonds outstanding at any one time not in excess of 35 percent of the assessed value of the taxable property within the District as shown on the pertinent tax records at the time of the authorization of the general obligation bonds for which the full faith and credit of the District is pledged. Except for refunding bonds, no general obligation bonds shall be issued unless the bonds are issued to finance or refinance a capital project and the issuance has been approved at an election held in accordance with the requirements for such election as prescribed by the State Constitution. Such elections shall be called to be held in the District by the board of county commissioners of the county upon the request of the board of the District. The expenses of calling and holding an election shall be at the expense of the District, and the District shall reimburse the county for any expenses incurred in calling or holding such election. 2. The District may pledge its full faith and credit for the payment of the principal and interest on such general obligation bonds and for any reserve funds provided therefore and may unconditionally and irrevocably pledge itself to levy ad valorem taxes on all taxable property in the District, to the extent necessary for the payment thereof, without limitations as to rate or amount. 3. If the board determines to issue general obligation bonds for more than one capital project, the approval of the issuance of the bonds for each and all such projects may be submitted to the electors on one and the same ballot. The failure of the electors to approve the issuance of bonds for any one or more capital projects shall not defeat the approval of bonds for any capital project which has been approved by the electors. 4. In arriving at the amount of general obligation bonds permitted to be outstanding at any one time pursuant to s. 4., subsection (12), paragraph (i)l., there shall not be included any general obligation bonds which are additionally secured by the .pledge of: 52 Ken van Assenderp 10-20-03 DRAFT #15 a. Any assessments levied in an amount sufficient to pay the principal and interest on the general obligation bonds so additionally secured, which assessments have been equalized and confirmed by resolution of the board pursuant to this Act or section 170.08. b. Water revenues, sewer revenues, or water and sewer revenues of the District to be derived from user fees in an amount sufficient to pay the principal and interest on the general obligation bonds so additionally secured. c. Any combination of assessments and revenues described in subparagraphs a. and b. (j) BONDS AS LEGAL INVESTMENT OR SECURITY.-- 1. Notwithstanding any provisions of any other law to the contrary, all bonds issued under the provisions of this Act shall constitute legal investments for savings banks, banks, trust companies, insurance companies, executors, administrators, trustees, guardians, and other fiduciaries and for any board, body, agency, instrumentality, county, municipality, or other political subdivision of the state and shall be and constitute security which may be deposited by banks or trust companies as security for deposits of state, county, municipal, or other public funds or by insurance companies as required or voluntary statutory deposits. 2. Any bonds issued by the District shall be incontestable in the hands of bona fide purchasers or holders for value and shall not be invalid because of any irregularity or defect in the proceedings for the issue and sale thereof. (k) COVENANTS.--Any resolution authorizing the issuance of bonds may contain such covenants as the board may deem advisable, and all such covenants shall constitute valid and legally binding and enforceable contracts between the District and the bondholders, regardless of the time of issuance thereofi Such covenants may include, without limitation, covenants concerning the disposition of the bond proceeds; the use and disposition of project revenues; the pledging of revenues, taxes, and assessments; the obligations of the District with respect to the operation of the project and the maintenance of adequate project revenues; the issuance of additional bonds; the appointment, powers, and duties of trustees and receivers; the acquisition of outstanding bonds-and obligations; restrictions on the establishing of competing projects or facilities; restrictions on the sale or disposal of the assets and property of the District; DRAFT #15 Ken van Assenderp 10-20-03 the priority ot' assessment liens; the priority of claims by bondholders on the taxing power of the District; the maintenance of deposits to assure the payment of revenues by users of District facilities and services; the discontinuance of District services by reason of delinquent payments; acceleration upon default; the execution of necessary instruments; the procedure for amending or abrogating covenants with the bondholders; and such other covenants as may be deemed necessary or desirable for the security of the bondholders. (1) VALIDATION PROCEEDINGS.--The power of the District to issue bonds under the provisions of this Act may be determined, and any of the bonds of the District maturing over a period of more than 5 years shall be validated and confirmed, by court decree, under the provisions of chapter 75 and laws amendatory thereof or supplementary thereto. (m) TAX EXEMPTION.-- All bonds issued hereunder and interest paid thereon and all fees, charges, and other revenues derived by the District from the projects provided by this Act are exempt from all taxes by the state or by any political subdivision, agency, or instrumentality thereof; however, any interest, income, or profits on debt obligations issued hereunder are not exempt from the tax imposed by chapter 220. Further, the District is not exempt from the provisions of chapter 212. (n) APPLICATION OF SECTION 189.4085.-- Bonds issued by the District shall meet on the criteria set forth in section 189.4085, Fla. Stat., as amended from time-to-time. (o) ACT FURNISHES FULL AUTHORITY FOR ISSUANCE OF BONDS.- This Act constitutes full and complete authority for the issuance of bonds and the exercise of the powers of the District provided herein. No procedures or proceedings, publications, notices, consents, approvals, orders, acts, or things by the board, or any board, officers, commission, department, agency, or instrumentality of the District, other than those required by this Act, shall be required to perform anything under this Act, except that the issuance or sale of bonds pursuant to the provisions of this Act shall comply with the general law requirements applicable to the issuance or sale of bonds by the District. Nothing in this Act shall be construed to authorize the District to utilize bond proceeds to fund the ongoing operations of the District. (p) PLEDGE BY THE STATE TO THE BONDHOLDERS OF THE DISTRICT.--The state pledges to the holders of any bonds issued under this Act that it will not limit or alter the rights of the District to own, acquire, construct, reconstruct, improve, maintain, 54 DRAFT #15 Ken van Assenderp 10-20-03 operate, or furnish the projects or to levy and collect the taxes, assessments, rentals, rates, fees, and other charges provided for herein and to fulfill the terms of any agreement made with the holders of such bonds or other obligations and that it will not in any way impair the rights or remedies of such holders. (q) DEFAULT.--A default on the bonds or obligations of a District shall not constitute a debt or obligation of the state or any local general-purpose government or the state. (13). Trust agreements.--Any issue of bonds shall be secured by a trust agreement by and between the District and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. The resolution authorizing the issuance of the bonds or such trust agreement may pledge the revenues to be received from any projects of the District and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as the board may approve, including, without limitation, covenants setting forth the duties of the District in relation to: the acquisition, construction, reconstruction, improvement, maintenance, repair, operation, and insurance of any projects; the fixing and revising of the rates, fees, and charges; and the custody, safeguarding, and application of all moneys and for the employment of consulting engineers in connection with such acquisition, construction, reconstruction, improvement, maintenance, repair, or operation. It shall be lawful for any bank or trust company within or without the state which may act as a depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the District. Such resolution or trust agreement may set forth the rights and remedies of the bondholders and of the trustee, if any, and may restrict the individual right of action by bondholders. The board may provide for the payment of proceeds of the sale of the bonds and the revenues of any project to such officer, board, or depository as it may designate for the custody thereof and may provide for the method of disbursement thereof with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the provisions of such resolution or trust agreement may be treated as part of the cost of operation of the project to which such trust agreement pertains. (14). Ad valorem taxes; assessments (benefit special assessments, maintenance special assessments and special assessments); maintenance taxes- 55 DRAFT #15 Ken van Assenderp 10-20-03 (a) AD VALOREM TAXES.--An elected board shall have the power to levy and assess an ad valorem tax on all the taxable property in the District to construct, operate, and maintain assessable improvements; to pay the principal of, and interest on, any general obligation bonds of the District; and to provide for any sinking or other funds established in connection with any such bonds. An ad valorem tax levied by the board for operating purposes, exclusive of debt service on bonds, shall not exceed 3 mills. The ad valorem tax provided for herein shall be in addition to county and all other ad valorem taxes provided for by law. Such tax shall be assessed, levied, and collected in the same manner and same time as county taxes. The levy of ad valorem taxes shall be approved by referendum when required by the State Constitution. (b) BENEFIT SPECIAL ASSESSMENTS.--The board annually shall determine, order, and levy the annual installment of the total benefit special assessments (assessments) for bonds issued and related expenses to finance assessable improvements. These assessments may be due and collected during each year that county taxes are due and collected, in which case such annual installment and levy shall be evidenced to and certified to the property appraiser by the board not later than August 31 of each year, and such assessment shall be entered by the property appraiser on the county tax rolls, and shall be collected and enforced by the tax collector in the same manner and at the same time as county taxes, and the proceeds thereof shall be paid to the District. However, this subsection shall not prohibit the District in its discretion from using the method prescribed in either s. 197.3632 or chapter 173, as each may be amended from time-to- time, for collecting and enforcing these assessments. Each annual installment of benefit special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as county taxes. The amount of the assessment for the exercise of the District's powers under s. 4, ss. (8) and (9) shall be determined by the board based upon a report of the District's engineer and assessed by the board upon such lands, which may be part or all of the lands within the District benefitted by the improvement, apportioned between benefitted lands in proportion to the benefits received by each tract of land. The Board may, if it determines it is in the best interests of the District, set forth in the proceedings initially levying such benefit special assessments or in subsequent proceedings a formula for the determination of an amount, which when paid by a taxpayer with respect to any tax parcel, shall constitute a prepayment of all future annual installments of such benefit special assessments and that the payment of which 56 DRAFT #15 Ken van Assenderp 10-20-03 amount with respect to such tax parcel shall relieve and discharge such tax parcel of the lien of such benefit special assessments and any subsequent annual installment thereof. The board may provide further that upon delinquency in the payment of any annual installment of benefit special assessments, the prepayment amount of all future annual installments of benefit special assessments as determined in the preceding sentence shall be and become immediately due and payable together with such delinquent annual installment. (c) NON-AD VALOREM MAINTENANCE TAXES. -- If and when authorized by general law, to maintain and to preserve the physical facilities and services constituting the works, improvements or infrastructure provided by the District pursuant to this Act, and to repair and restore any one or more of them, when needed, and for the purpose of defraying the current expenses of the District, including any sum which may be required to pay state and county ad valorem taxes on any lands which may have been purchased and which are held by the District under the provisions of this Act, the Board of Supervisors may, upon the completion of said systems, facilities, services, works, improvements or infrastructure, in whole or in part, as may be certified to the board by the engineer of the board, levy annually a non-ad valorem and non- millage tax upon each tract or parcel of land within the District, to be known as a "maintenance tax." This non-ad valorem maintenance tax shall be apportioned upon the basis of the net assessments of benefits assessed as accruing from the original construction, and shall be evidence to, and certified by, the Board of Supervisors of the District, not later than 1 June of each year to the Property Appraiser of Collier County and shall be extended by the Property Appraiser on the tax roll of the Property Appraiser, as certified by the Property Appraiser to the Tax Collector, and collected by the Tax Collector on the merged collection roll of the Tax Collector in the same manner and time as county ad valorem taxes, and the proceeds therefrom shall be paid to the District. This non-ad valorem maintenance tax shall be a lien until paid on the property against which assessed and enforceable in like manner and of the same dignity as county ad valorem taxes. (d) MAINTENANCE SPECIAL ASSESSMENTS.--To maintain and preserve the facilities and projects of the District, the board may levy a maintenance special assessment. This assessment may be evidenced to and certified to the property appraiser by the board of supervisors not later than August 31 of each year and ~hall be entered by the property appraism: t ot. f 57 DRAFT #15 Ken van Assenderp 10-20-03 on the county tax rolls and shall be collected and enforced by the tax collector in the same manner and at the same time as county taxes, and the proceeds therefrom shall be paid to the District. However, this subsection shall not prohibit the District in its discretion from using the method prescribed in either s. 197.363., s. 197.3631 or s. 197.3632, as any one or more may be amended from time-to-time, for collecting and enforcing these assessments. These maintenance special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as county taxes. The amount of the maintenance special assessment for the exercise of the District's powers under s. 4, shall be determined by the board based upon a report of the District's engineer and assessed by the board upon such lands, which may be all of the lands within the District benefitted by the maintenance thereof, apportioned between the benefitted lands in proportion to the benefits received by each tract of land. (e) SPECIAL ASSESSMENTS. -- To levy and impose any special assessments pursuant to s. 4 ss. (15). (1'7) ENFORCEMENT OF TAXES.--The collection and enforcement of all taxes levied by the District shall be at the same time and in like manner as county taxes, and the provisions of the Fla. Stat. relating to the sale of lands for unpaid and delinquent county taxes; the issuance, sale, and delivery of tax certificates for such unpaid and delinquent county taxes; the redemption thereof; the issuance to individuals of tax deeds based thereon; and all other procedures in connection therewith shall be applicable to the District to the same extent as if such statutory provisions were expressly set forth herein. All taxes shall be subject to the same discounts as county taxes. (g) WHEN UNPAID TAX IS DELINQUENT; PENALTY.--AI1 taxes provided for in this Act shall become delinquent and bear penalties on the amount of such taxes in the same manner as county taxes. (h) STATUS OF ASSESSMENTS.--Benefit special assessments, maintenance special assessments and special assessments are hereby found and determined to be non-ad valorem assessments as defined by s. 197.3632. Maintenance taxes are non ad valorem taxes and are not special assessments. (i) ASSESSMENTS CONSTITUTE LIENS; COLLECTION.-- Any and all : assessments including special assessments, benefit special assessments and maintenance special 58 DRAFT//15 Ken van Assenderp 10-20-03 assessments authorized by this section, and including special assessments as defined by s.2, subsection (6) paragraph (aa) and granted and authorized by s. 4, subsections (14) and (15), and including maintenance taxes if authorized by general laxv, shall constitute a lien on the property against which assessed from the date of levy and imposition thereof until paid, coequal with the lien of state, county, municipal, and school board taxes. These assessments may be collected, at the District's discretion, under authority of s. 197.3631, as amended from time-to-time, by the Tax Collector pursuant to the provisions of s. 197.3632, and 197.3635, as amended from time-to- time, or in accordance with other collection measures provided by law. In addition to, and not in limitation of any powers otherwise set forth herein or in general law, these assessments may also be enforced pursuant to the provisions of chapter 173, as amended from time-to-time. (j) LAND OWNED BY GOVERNMENTAL ENT1TY.--Except as otherwise provided by law, no levy of ad valorem taxes or non-ad valorem assessments under this chapter, or chapter 170, chapter 197, as each may be amended from time-to-time, or otherwise, by a board of a District, on property of a governmental entity that is subject to a ground lease as described in s. 190.003(13), as amended from time-to-time, shall constitute a lien or encumbrance on the underlying fee interest of such governmental entity. (15). Special Assessments- (a) As an alternative method to the levy and imposition of special assessments pursuant to chapter 170, Fla. Stat., as amended from time-to-time, pursuant to the authority of section 197.3631, Fla. Stat.,as amended from time-to-time, or pursuant to other provisions of general law, now or hereinafter enacted, which provide a supplemental means or authority to impose, levy and collect special assessments as otherwise authorized under this Act, the board may levy and impose special assessments to finance the exercise of any its powers permitted under this Act using the following uniform procedures. 1. At a noticed meeting consider and review an engineer's report on the costs of the systems, facilities and services to be provided, a preliminary assessment methodology and a preliminary roll based on acreage or platted lands, depending upon whether platting has occurred. 2. The assessment methodology shall address and discuss and the board shall consider whether the systems, facilities and services being contemplated will result in 59 DRAFT #15 Ken van Assenderp 10-20-03 special benefits peculiar to the property, different in kind and degree than general benefits, as a logical connection between the systems, facilities and services themselves and the property, and whether the duty to pay the assessments by the property owners is apportioned in a manner that is fair and equitable and not in excess of the special benefit received. It shall be fair and equitable to designate a fixed proportion of the annual debt service, together with interest thereon, on the aggregate principal amount of bonds issued to finance such systems, facilities and services which give rise to unique, special and peculiar benefits to property of the same or similar characteristics under the assessment methodology so long as such fixed proportion does not exceed the unique, special and peculiar benefits enjoyed by such property from such systems, facilities and services. 3. The engineer's cost report shall identify the nature of the proposed systems, facilities and services, their location, a cost breakdown plus a total estimated cost, including cost of construction or reconstruction, labor and materials, lands, property, rights, easements, franchises or systems, facilities and services to be acquired, cost of plans and specifications, surveys of estimates of costs and of revenues, cost of engineering, legal and other professional consultation services and other expenses or costs necessary or incident to determining the feasibility or practicability of such construction, reconstruction or acquisition, administrative expenses, relationship to the authority and power of the District in its charter, and such other expense or costs as may be necessary or incident to the financing to be authorized by the board of supervisors. 4. The preliminary assessment roll to be prepared will be in accordance with the method of assessment provided for in the assessment methodology and as may be adopted by the board of supervisors; the assessment roll shall be completed as promptly as possible and shall show the acreage, lots, lands or plats assessed and the amount of the fairly and reasonably apportioned assessment based on special and peculiar benefit to the property, lot, parcel or acreage of land and, if the assessment against each such lot, parcel, acreage or portion of land is to be paid in installments, the number of annual installments in which the assessment is divided shall be entered into and shown upon the assessment roll. 5. The board of supervisors of the District may determine and declare by an initial assessment resolution to levy and assess the assessments with respect to assessable improvements stating the nature of'ihe systems, facilities and services, improvements, projects or 6O DRAFT #15 Ken van Assenderp 10-20-03 infrastructure constituting such assessable improvements, the information in the engineer's cost report, the information in the assessment methodology as determined by the board at the noticed meeting and referencing and incorporating as part of the resolution the engineer's cost report, the preliminary assessment methodology and the preliminary assessment roll as referenced exhibits to the resolution by reference; if the board determines to declare and levy the special assessments by the initial assessment resolution, the board shall also adopt and declare a notice resolution which shall provide and cause the initial assessment resolution to be published once a week for a period of two weeks in a newspaper of general circulation published in the county or municipality where the District is located and said board shall by the same resolution fix a time and place at which the owner or owners of the property to be assessed or any other persons interested therein may appear before said board and be heard as to the propriety and advisability of making such improvements, as to the costs thereof, as to the manner of payment therefore and as to the amount thereof to be assessed against each property so improved. Thirty day's notice in writing of such time and place shall be given to such property owners. The notice shall include the amount of the assessment and shall be served by mailing a copy to each assessed property owner at his or her last known address, the names and addresses of such property owners to be obtained from the record of the property appraiser of the county political subdivision where the land is located or from such other sources as the District manager or engineer deems reliable, proof of such mailing shall be made by the affidavit of the manager of the District or by the engine, er, said proof to be filed with the manager of the District, provided that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. It is provided further that the last publication shall be at least one week prior to the date of the hearing on the final assessment resolution. Said notice shall describe the general areas to be improved and advise all person interested that the description of each property to be assessed and the amount to be assessed to each piece, parcel, lot or acre of property may be ascertained at the office of the manager of the District. Such service by publication shall be verified by the affidavit of the publisher and filed with the manager of the District. Moreover, the initial assessment resolution with its attached, referenced and incorporated, engineer's cost report, preliminary assessment methodology and preliminary assessment roll, along with the notice resolution, shall be available at the office of the manager and the office of the engineer or any other office designated by the DRAFT #15 Ken van Assenderp 10-20-03 board of supervisors in the notice resolution, accessible to the landowners and citizens accessible by the general public for review and inspection prior to the noticed final assessment resolution hearing.. Notwithstanding the foregoing, the landowners of all of the property which is proposed to be assessed may give the District written notice of waiver of any notice and publication provided for in this subparagraph 5. and such notice and publication shall not be required; provided, however, that any meeting of the board of supervisors to consider such resolution shall be a publicly noticed meeting. 6. At the time and place named in the noticed resolution as provided for in subparagraph 5., the board of supervisors of the District shall meet and hear testimony from affected property owners as to the propriety and advisability of making the systems, facilities, services, projects, works, improvements or infrastructure and funding them with assessments referenced in the initial assessment resolution on the property. Following the testimony and questions from the members of the board or any professional advisors to the District of the preparers of the engineer's cost report, the assessment methodology and the assessment roll, the board of supervisors shall make a final decision on whether to levy and assess the particular assessments. Thereafter, the board of supervisors shall meet as an equalizing board to hear and to consider any and all complaints as to the particular assessments and shall adjust and equalize the assessments on the basis of justice and right. 7. When so equalized and approved by resolution or ordinance by the board of supervisors, to be called the final assessment resolution, a final assessment roll shall be filed with the clerk of the board and such assessment shall stand confirmed and remain legal, valid and binding first liens on the property against which such assessments are made until paid, equal in dignity to the first liens of ad valorem taxation of county governments and school boards; however, upon completion of the systems, facilities, service, project, improvement, works or infrastructure, the District shall credit to each of assessments the difference in the assessment as originally made, approved, levied and assessed, and confirmed and the proportionate part of the actual cost of the improvement to be paid by the particular special assessments as finally determined upon the completion of the improvement, but in no event shall the final assessment exceed the amount of the special and peculiar benefits as apportioned fairly and reasonably to the property from the system, facility or service being provided as originally assessed. 62 Promptly DRAFT #15 Ken van Assenderp 10-20-03 after such confirmation, the assessment shall be recorded by the clerk of the District in the minutes of the proceedings of the District and the record of the lien in this set of minutes shall constitute prima facie evidence of its validity. The board of supervisors, in its sole discretion, may, by resolution grant a discount equal to all or a part of the payee's proportionate share of the cost of the project consisting of bond financing cost, such as capitalized interest, funded reserves, and bond discounts included in the estimated cost of the project, upon payment in full of any assessments during such period prior to the time such financing costs are incurred as may be specified by the board of supervisors in such resolution. 8. District assessments may be made payable in installments over no more than 30 years from the date of the payment of the first installment thereof and may bear interest at fixed or variable rates. (b) Notwithstanding any provision hereof or chapter 170, the provisions of section 170.09, as amended from time-to-time, which provide that assessments may be paid without interest at any time within 30 days after the improvement is completed and a resolution accepting the same has been adopted by the governing authority, shall not be applicable to any District assessments, whether imposed, levied and collected pursuant to the provisions of this Act or other provisions of Florida law, including, but not limited to chapter 170. (c) In addition, the District is authorized expressly in the exercise of its rulemaking power to promulgate a rule or rules which provide or provides for notice, levy, imposition, equalization and collection of assessments. (16). Issuance of certificates of indebtedness based on assessments for assessable improvements; assessment bonds.-- (a) The board may, after any special assessments or benefit special assessments for assessable improvements are made, determined, and confirmed as provided in this Act, issue certificates of indebtedness for the amount so assessed against the abutting property or property otherwise benefitted, as the case may be; and separate certificates shall be issued against each part or parcel of land or property assessed, which certificates shall state the general nature of the improvement for which the assessment is made. The certificates shall be payable in annual installments in accordance with the installments of the special assessment for which they are issued. The b~)ard may determine the interest to be borne by such certificates, in compliance with 63 ~ DRAFT #15 Ken van Assenderp 10-20-03 s. 215.84, as amended from time-to-time, and may sell such certificates at either private or public sale and determine the form, manner of execution, and other details of such certificates. The certificates shall recite that they are payable only from the special assessments levied and collected from the part or parcel of land or property against which they are issued. The proceeds of such certificates may be pledged for the payment of principal of and interest on any revenue bonds or general obligation bonds issued to finance in whole or in part such assessable improvement, or, if not so pledged, may be used to pay the cost or part of the cost of such assessable improvements. (b) The District may also issue assessment bonds, revenue bonds or other obligations payable from a special fund into which such certificates of indebtedness referred to in the preceding subsection may be deposited; or, if such certificates of indebtedness have not been issued, the District may assign to such special fund for the benefit of the holders of such assessment bonds or other obligations, or to a trustee for such bondholders, the assessment liens provided for in this Act unless such certificates of indebtedness or assessment liens have been theretofore pledged for any bonds or other obligations authorized hereunder. In the event of the creation of such special fund and the issuance of such assessment bonds or other obligations, the proceeds of such certificates of indebtedness or assessment liens deposited therein shall be used only for the payment of the assessment bonds or other obligations issued as provided in this section. The District is authorized to covenant with the holders of such assessment bonds, revenue bonds or other obligations that it will diligently and faithfully enforce and collect all the special assessments and interest and penalties thereon for which such certificates of indebtedness or assessment liens have been deposited in or assigned to such fund; to foreclose such assessment liens so assigned to such special fund or represented by the certificates of indebtedness deposited in the special fund, after such assessment liens have become delinquent, and deposit the proceeds derived from such foreclosure, including interest and penalties, in such special fund; and to make any other covenants deemed necessary or advisable in order to properly secure the holders of such assessment bonds or other obligations. (c) The assessment bonds, revenue bonds or other obligations issued pursuant to this section shall have such dates of issue and maturity as shall be deemed advisable by the : board; however, the maturities of such assessment bonds or other obligations shall not be more 64 DRAFT #15 Ken van Assenderp 10-20-03 than 2 years after the due date of the last installment which will be payable on any of the special assessments for which such assessment liens, or the certificates of indebtedness representing such assessment liens, are assigned to or deposited in such special fund. (d) Such assessment bonds, revenue bonds or other obligations issued under this section shall bear such interest as the board may determine, not to exceed a rate which is in compliance with s. 215.84, and shall be executed, shall have such provisions for redemption prior to maturity, shall be sold in the manner and be subject to all of the applicable provisions contained in this Act for revenue bonds, except as the same may be inconsistent with the provisions of this section. (e) All assessment bonds, revenue bonds or other obligations issued under the provisions of this section shall be and constitute and shall have all the qualities and incidents of negotiable instruments under the law merchant and the laws of the state. (17). Tax liens.--All taxes of the District provided for in this Act, except together with all penalties for default in the payment of the same and all costs in collecting the same, including a reasonable attorney's fee fixed by the court and taxed as a cost in the action brought to enforce payment, shall, from January 1 for each year the property is liable to assessment and until paid, constitute a lien of equal dignity with the liens for state and county taxes and other taxes of equal dignity with state and county taxes upon all the lands against which such taxes shall be levied. A sale of any of the real property within the District for state and county or other taxes shall not operate to relieve or release the property so sold from the lien for subsequent District taxes or installments of District taxes, which lien may be enforced against such property as though no such sale thereof had been made. In addition to, and not in limitation of, the preceding sentence, for purposes of s. 197.552, as amended from time-to-time, the lien of all special assessments levied by the district shall constitute a lien of record held by a municipal or county governmental unit. The provisions of ss. 194.171, 197.122, 197.333, and 197.432, as each may be amended from time-to-time, shall be applicable to District taxes with the same force and effect as if such provisions were expressly set forth in this Act. (18). Payment of taxes and redemption of tax liens by the District; sharing in proceeds of tax sale.-- (a) The District shall have the power and right to: ?~}~ 65 DRAFT #15 Ken van Assenderp 10-20-03 I. Pay any delinquent state, county, District, municipal, or other tax or assessment upon lands located wholly or partially within the boundaries of the District; and 2. Redeem or purchase any tax sales certificates issued or sold on account of any state, county, District, municipal, or other taxes or assessments upon lands located wholly or partially within the boundaries of the District. (b) Delinquent taxes paid, or tax sales certificates redeemed or purchased, by the District, together with all penalties for the default in payment of the same and all costs in collecting the same and a reasonable attorney's fee, shall constitute a lien in favor of the District of equal dignity with the liens of state and county taxes and other taxes of equal dignity with state and county taxes upon all the real property against which the taxes were levied. The lien of the District may be foreclosed in the manner provided in this Act. (c) In any sale of land pursuant to s. 197.542, as may be amended from time-to- time, the District may certify to the clerk of the circuit court of the county holding such sale the amount of taxes due to the District upon the lands sought to be sold; and the District shall share in the disbursement of the sales proceeds in accordance with the provisions of this Act and under the laws of the state. (19). Foreclosure of liens.--Any lien in favor of the District arising under this Act may be foreclosed by the District by foreclosure proceedings in the name of the District in a court of competent jurisdiction as provided by general law in like manner as is provided in chapter 173 and amendments thereto; the provisions of that chapter shall be applicable to such proceedings with the same force and effect as if those provisions were expressly set forth in this Act. Any act required or authorized to be done by or on behalf of a municipality in foreclosure proceedings under chapter 173 may be performed by such officer or agent of the District as the board of supervisors may designate. Such foreclosure proceedings may be brought at any time after the expiration of I year from the date any tax, or installment thereof, becomes delinquent; however no lien shall be foreclosed against any political subdivision or agency of the state. Other legal remedies shall remain available. (20). Mandatory use of certain District systems, facilities and services.--To the full extent permitted by law, the District shall require all lands, buildings, premises, persons, firm's 66 DRAFT #15 Ken van Assenderp 10-20-03 and corporations within the District to use the water management and control facilities and xvater and sewer facilities of the District. (21). Competitive procurement (bids; negotiations; related provisions) required. (a) No contract shall be let by the board for any goods, supplies, or materials to be purchased when the amount thereof to be paid by the District shall exceed the amount provided in s. 287.017, as amended from time-to-time, for category four, unless notice of bids shall be advertised once in a newspaper in general circulation in the county and in the District. Any board seeking to construct or improve a public building, structure, or other public works shall comply with the bidding procedures of s. 255.20, as amended from time-to-time, and other applicable general law. In each case, the bid of the lowest responsive and responsible bidder shall be accepted unless all bids are rejected because the bids are too high, or the board determines it is in the best interests of the District to reject all bids. The board may require the bidders to furnish bond with a responsible surety to be approved by the board. Nothing in this section shall prevent the board from undertaking and performing the construction, operation, and maintenance of any project or facility authorized by this Act by the employment of labor, material, and machinery. (b) The provisions of the Consultants' Competitive Negotiation Act, s. 287.055, apply to contracts for engineering, architecture, landscape architecture, or registered surveying and mapping services let by the board. (c) Contracts for maintenance services for any District facility or project shall be subject to competitive bidding requirements when the amount thereof to be paid by the District exceeds the amount provided in s. 287.017, as amended from time-to-time, for category four. The District shall adopt rules, policies, or procedures establishing competitive bidding procedures for maintenance services. Contracts for other services shall not be subject to competitive bidding unless the District adopts a rule, policy, or procedure applying competitive bidding procedures to said contracts. (22). Fees, rentals, and charges; procedure for adoption and modifications; minimum revenue requirements.-- (a) The District is authorized to prescribe, fix, establish, and collect rates, fees, rentals, or other charges, hereinafter sometimes referred to as "revenues," and to revise the same from time to time, for the systems, facilities and services furnished by the District, within the 67 DRAFT #15 Ken van Assenderp 10-20-03 limits of the District, including, but not limited to, recreational facilities, water management and control facilities, and water and sewer systems; to recover the costs of making connection with any District service, facility or system; and to provide for reasonable penalties against any user or property for any such rates, fees, rentals, or other charges that are delinquent. (b) No such rates, fees, rentals, or other charges for any of the facilities or services of the District shall be fixed until after a public hearing at which all the users of the proposed facility or services or owners, tenants, or occupants served or to be served thereby and all other interested persons shall have an opportunity to be heard concerning the proposed rates, fees, rentals, or other charges. Rates, fees, rentals, and other charges shall be adopted under the administrative rulemaking authority of the District, but shall not apply to District leases. Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees, rentals, and other charges shall have been published in a newspaper in the county and of general circulation in the District at least once and at least I0 days prior to such public hearing. The rulemaking hearing may be adjourned from time to time. After such hearing, such schedule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of such rates, fees, rentals, or charges as finally adopted shall be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, fees, rentals, or charges so fixed l:'or any class of users or property served shall be extended to cover any additional users or properties thereafter served which shall fall in the same class, without the necessity of any notice or hearing. (c) Such rates, fees, rentals, and charges shall be just and equitable and uniform for users of the same class, and when appropriate may be based or computed either upon the amount of service furnished, upon the number of average number of persons residing or working in or otherwise occupying the premises served, or upon any other factor affecting the use of the facilities furnished, or upon any combination of the foregoing factors, as may be determined by the board on an equitable basis. (d) The rates, fees, rentals, or other charges prescribed shall be such as will produce revenues, together with any other assessments, taxes, revenues, or funds available or pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but not necessarily in the order stated: (0 ~ 68 DRAFT #15 Ken van Assenderp 10-20-03 1. To provide for all expenses of operation and maintenance of such facility or service; 2. To pay when due ali bonds and interest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, including reserves for such purpose; and 3. To provide for any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this Act. (e) The board shall have the power to enter into contracts for the use of the projects of the District and with respect to the services, systems and facilities furnished or to be furnished by the District. (23). Recovery of delinquent charges.--In the event that any rates, fees, rentals, charges, or delinquent penalties shall not be paid as and when due and shall be in default for 60 days or more, the unpaid balance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the District in a civil action. (24). Discontinuance of service.--In the event the fees, rentals, or other charges for xvater and sewer services, or either of them, are not paid when due, the board shall have the power, under such reasonable rules and regulations as the board may adopt, to discontinue and shut off both water and sewer services until such fees, rentals, or other charges, including interest, penalties, and charges for the shutting off and discontinuance and the restoration of such water and sewer services or both, are fully paid; and, for such purposes, the board may enter on any lands, waters, or premises of any person, firm, corporation, or body, public or private, within the District limits. Such delinquent fees, rentals, or other charges, together with interest, penalties, and charges for the shutting off and discontinuance and the restoration of such services and facilities and reasonable attorney's fees and other expenses, may be recovered by the District, which may also enforce payment of such delinquent fees, rentals, or other charges by any other lawful method of enforcement. (25). Enforcement and penalties.--The board or any aggrieved, person may have recourse to such remedies in law and at equity as may be necessary to ensure compliance with the provisions of this Act, including injunctive relief to e.njoin or restrain any person violating th.e provisions of this Act or any bylaws, resolutions, regulations, rules, codes, or orders adop~e¢ DRAFT #15 Ken van Assenderp 10-20-03 under this Act. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, land, or water is used, in violation of this Act or of any code, order, resolution, or other regulation made under authority conferred by this Act or under law, the board or any citizen residing in the District may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or avoid such violation; to prevent the occupancy of such building, structure, land, or water; and to prevent any illegal act, conduct, business, or use in or about such premises, land, or water. (26). Suits against the District.--Any suit or action brought or maintained against the District for damages arising out of tort, including, without limitation, any claim arising upon account of an act causing an injury or loss of property, personal injury, or death, shall be subject to the limitations provided in s. 768.28, as amended from time-to-time. (27). Exemption of District property from execution.--All District property shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against such property, nor shall any judgment against the District be a charge or lien on its property or revenues; however, nothing contained herein shall apply to or limit the rights of bondholders to pursue any remedy for the enforcement of any lien or pledge given by the District in connection with any of the bonds or obligations of the District. (28). Termination, contraction, or expansion of District.-- (a) The Board may ask the L~. gislature through its local legislative delegation in and for Collier County to contract or expand the boundaries of the District by amendment of section 4 to this Act. (b) The District shall remain in existence unless and only if: 1. The District is terminated and dissolved pursuant to amendment to this Act by the Florida Legislature. 2. In the event the District has become inactive pursuant to s. 189.4044. (29). Remains in existence subject to this Act. - In the event of annexation of property of the District into an adjacent municipality or, in the alternative, in the event of incorporation by operation of law of the land area within the boundary and jurisdiction of the District, or in the : DRAFT #15 Ken van Assenderp 10-20-03 instance of both such annexation or such incorporation, the District shall remain in existence until and unless this special act is amended to the contrary pursuant to ss. (28) subparagraph (l). (30). Sale of real estate within a District; required disclosure to purchaser.--Subsequent to the creation of this District under this Act, each contract for the initial sale of a parcel of real property and each contract for the initial sale of a residential unit within the District shall include, immediately prior to the space reserved in the contract for the signature of the purchaser, the following disclosure statement in boldfaced and conspicuous type which is larger than the type in the remaining text of the contract: "THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." (31). Notice of creation and establishment.---Within 30 days after the effective date of this Act creating this District, the District shall cause to be recorded in the property records in the county in which it is located a "Notice of Creation and Establishment of the Ave Maria Stewardship Community District." The notice shall, at a minimum, include the legal description of the property of the landowners who have consented to establishment of this District and a copy of the disclosure statement specified in s. 4, subsection (30). (32). Any system, facility, service, works, improvement, project or other infrastructure owned by the District or funded by federal tax exempt bonding issued by the District is public; the District by rule may regulate and impose reasonable charges for fees the use thereof but not to the extent that such regulation or imposition of charges or fees constitutes denial of reasonable access. Section 5. It7 ~ DRAFT #15 Ken van Assenderp 10-20-03 (1) In the even of a conflict between the provisions of this Act and the provisions of any other Act, the provisions of this Act shall control to the extent of such conflict. (2) If any provision of this Act is determined unconstitutional or otherwise determined invalid by a court of law, all the rest and remainder of the Act shall remain in full force and effect as the law of Florida. Section 6. This Act shall take effect upon becoming a law. K-\Uscr~\Kf den\Bart m Colhcr\lgg~drall fi x~pd 72 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE SETTLEMENT OF CLAIMS AGAINST INDIVIDUAL COUNTY COMMISSIONERS AND FORMER COUNTY COMMISSIONERS IN THE CASE OF AQUAPORT V. COLLIER COUNTY, CASE NO. 2:01-CV-341-FTM-29DNF, THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, NOW PENDING IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT AS CASE NC). 03-13133-BB. OBJECTIVE: For the Board of County Commissioners to approve settlement of claims against individual County Commissioners and former County Commissioners in the case of Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, the United States District Court for the Middle District of Florida, now pending in the United States Court of Appeals for the Eleventh Circuit as Case No. 03-13133-BB. CONSIDERATIONS: In the case of Aquaport v. Collier County, the plaintiff sued not only the County but also the five County Commissioners in their individual capacities. On July 31, 2001, the Board voted to provide these Commissioners a defense pursuant to Collier County Resolution No. 95-632. In that regard, the County retained attorney Donald E. Hemke, Esq., of the Carlton Fields law firm, to represent the five Commissioners in their individual capacities. Two of the Commissioners subjecte ~ this suit, Jame'~ Carter and Pamela Mac'Kie, are no longer on the Board. As this Board knows, both the County and the five individual Commissioners have been successful to date in defending against the claims of the plaintiffs in the Aqt~aport case. At this time, the plaintiffs' appeals of the judgments entered in favor of the County and the five individual Commissioners is pending before the United States Court of Appeals for the Eleventh Circuit. Recently, the plaintiffs offered to dismiss with prejudice the appeal and any further claims against the individual Commissioners if the Commissioners would waive their appeal and claim on the issues of recovery of attorneys' fees and costs (see attached October 14, 2003 letter). To date, the total fees and costs paid in defending the five individual Commissioners are approximately $93,106.54. At this time, it would appear to be reasonable for the Board to accept the settlement proposal. First, it would relieve the excess carder from continuing to fund the defense in this lawsuit. It also would relieve the three current Commissioners and two former Commissioners who voted on the Aquaport issue when it was before the Commission from any potential exposure to individual liability, albeit remote, simply because they were carrying out their governmental functions. While the County will necessarily have to give up its own claim for attorneys' fees and costs, the County lost this claim at the trial court stage and the law does not ordinarily favor awards of attorneys' fees to prevailing defendants in civil rights cases such as this one. AGENDA NO. /M OCT 2 8 2003 FISCAL IMPACT: By entering into this settlement agreement, the County will lose the possibility of recovering attorneys' fees and costs in the amount of $93,106.54. The funding of this litigation to date has come from Collier County's Sel f-lnsured Retention Fund No. 516-121- 650 and excess insurance coverage. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the recommendation set forth in this Executive Summary. RECOMMENDATION: That the Board accept the proposed settlement and autho~,ze the Chairman to execute the necessary settlement documents reflecting the agreement that plaintiffs will dismiss with prejudice all claims against the three current and two former County Commissioners and will release those current and former County Commissioners from any and all potential claims related to this matter, in exchange for which the County and the five Commissioners or former Commissioners will release anti dismiss any claim for attorneys fees and costs against the plaintiffs. PREPARED BY: Michael W. Pettit, Chief Assistant County Attorney DATE: ? ~/2- %fl REVIEWED BY: Jcff-~ Walker, Director, Risk Management APPROVED BY: David C. Weigel, CTo~nty/~rney DATE: DATE: h:/Public/Litigat on/Open Cases/aquaport/appeal/exec sum re settlement for indiv cms~s. 101503 2 AGENDA ITEM NO. ~ OCT 2 8 2003 Pg. ~ 10/14/2003 10:33 F.~-~ 813 229 4133 CARLTON FIELDS MIAMI OI:I.ANO0 WEST PAb~ BEACH TAMPA ATTORNEYS AT LAW 777 5, H.=rba,,'r Island ~oul~o~ Tampa, FI,)rld~' 33602.~730 P.O. Bo, 1239 Tampa, Fl,'xida 33,',01-3239 ' ~! 13.223 7OOO 813.229 1133 ,m~,w. cath o n F~eid s.com October 14, 2003 Margaret L. Cooper, Esq. Janes, Foster, Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 Past O~ce Box 3475 West Palm Beach, FL 33401-3475 VIA FACSIMILE VIA U.S. MAiL ' Subject: Aquaport v. Collier County Case No. 03-1313,3.BB, DC Case No.: 2:01-C"'V-341 -F-':M-29DNF Dear Margaret: This will confirm our recent conversations concerning your clients' after to settle the :;ubject case and appeal against the county commissioners (Coletta, Fiota, Henning) and Former county commissioners (Carter, MccKie) in their individu61 capacities. Your clients will dismiss their appeal aaainst the county commissioners and former county commissioners in their individual capacities an"d provide a dismissal with prejudice of their claims against the county commissioners and former county commissioners in their individual commissioners if the county commissioners and former county commissioners in their individual capacities dismiss with prejudice their appeal of the district court's denial of their claim far attorneys fees and casts against your clients. Itl have misunders,"ood your o~r in any way, please let me know immediately in th,',t the serdement offer will be considered at the count,/commissioners' meeting an October 28, 2003. Thank you far your cooperation. Very truly yours, Donald E. Hemke AGEND. A_~EM NO. 0CT 2 8 2003 Pg. Margaret L. Cooper October 14, 2003 Page 2 Mich,~eJ Peltit (via facsimileJ James Carter James Coletta Donna Fiala Tom Henning Pamela MacKie AGENDA ITI~ NO. OCT 2 8 2003 PI~. ~ EXECUTIVE SUMMARY RECOMMENDATION FROM THE COUNTY'S AIRPORT AUTHORITY THAT THE BOARD AFFIRM THE ATTACHED EMPLOYMENT AGREEMENT BETWEEN THE AUTHORITY AND EUGENE SCHMIDT, EXECUTIVE DIRECTOR, AND AUTHORIZE A RELATED BUDGET AMENDMENT OBJECTIVE: That the Board of County Commissioners ("Board") ratify the attached Employment Agreement between the Collier County Airport Authority (Authority) and Eugene Schmidt, Executive Director, and authorize an amendment to the Authority's budget. CONSIDERATIONS: Mr. Schmidt, the Interim Executive Director of the Authority, is currently an "at will" employee. The Authority desires that he be employed as the Authority's Executive Director by means of the attached Employment Agreement, which was approved by the Authority on Monday, October 13, 2003, by Resolution No. 03-33, attached. The term of this Agreement is until September 30, 2005 or until possible earlier employment of a different Executive Director, whichever occurs first. The Authority will commence a nationwide search for an Executive Director not later than Feb. 1, 2004. Mr. Schmidt will be eligible to compete to continue as the Executive Director. Mr. Schmidt's annual salary is currently $60,000. The Agreement raises his annual salary to $85,000. This salary increase is based upon Mr. Schmidt's job responsibilities, his experience in general aviation airport related matters, and his job performance. FISCAL IMPACT: This salary increase will require an amendment to the Authority's budget, but all funding is currently available in the Airport Authority's budget (Fund 495). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact' associated with this Executive Summary. RECOMMENDATION: That by approval of this Executive Summary, the Board of County Commissioners ratify the attached Employment Agreement between the Collier County Airport Authority and Eugene Schmidt, Executive Director, and Airport Authority.budget amendment. authorize the related~ } ~ ~ [.?.~1~144~_~~' Date: PREPARED BY: Tom ¢~-~lmer, Ass't County Attorney/Attorney for the Authority APPROVED ..~: ~.~~ Date: D. P. V~sey, Ch~rna~of the Airport Auth~r'r-~ APPROVED BY: ? J~~'~'~~~ Date: ' 3;f~rf~Mudd, County Manager OCT 2 8 2003 RESOLUTION NO. 03-33 THAT THE COLLIER COUNTY AIRPORT AUTHORITY RECOMMENDS RATIFICATION OF THE EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT YVHEREAS, the Collier County Airport Authority recommends ratification of the Executive Director Employment Agreement. NOW THEREFORE, IT IS HERBY RESOLVED BY THE COLLIER COUNTY AIRPORT AUTHORITY, that the WHEREAS, the Authority intends to begin a national search for Executive Director by February 1, 2004. NOW THEREFORE, IT IS HERBY RESOLVED BY THE COLLIER COUNTY AIRPORT AUTHORITY, that thc Collier Countv Airport Authority recommends ratification of the Executive Director EmployTnent Agreement PASSED AND DULY ADOPTED by affirtnative majority vote of the Collier County Airport Authority' this 13m day of October, 201)3. DATED: ATTEST: COLLIER COUNTY AIRPORT AUTHORITY Gbne/t3chmidt, Actin= Executive Director Witness ~.. ~ ,- v COLLIER C O/UN TSff(~/ D. P. Var's~eY' C~ha~rI~~., GAlL D. HAMBRIGHT Notary Public, State of Florida My' comm. expires Aug. 19, 2006 Comm. No. DD 113583 OC, T 2003 ATTAC}hMENT TO EXECUTIVE SU~R~ARY FROM AIRPORT AUTHORI7 AIRPORT AUTHORITY EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT OCT 2 8 2003 Pg. ~ 1.0 Authority 1.1 Collier County Airport Authority (Authority), a dependent authority of Collier County, Florida which was created by County Ordinance No. 93-36 and subsequently affirmed by County Ordinance No. 95-67 and Hr. Eugene Schmidt (Employee), enter into the following Employment Agreement. 2.0 Objective 2.1 To secure Employee services and announce financial remuneration. 2.2 To ensure unrestrained work productivity by assuring Employee's morale and peace of mind with respect to employment security. 2.3 To provide conditions of employment and describe Employee termination and notice procedures. 3.0 Terms and Conditions 3.1 In consideration of the mutual covenants contained in this Er~ri~loyment Agreement, the Authority and Employee agree to the following: 3.2 Duties. 3.2.1 Employee shall serve as Executive Director and be responsible to the Authority. 3.2.2 Employee shall serve as the Authority Chief Executive Officer and perform duties specified by County Ordinance No. 95-67, the Administrative Code, and all other ordinances and codes hereinafter adopted. 3.3 Terms of Employment 3.3.1 The terms of this Employment Agreement shall be enforceable as set forth in a duly adopted Resolution of the Authority, subsequently ratified by the Board of County Commissioners, and end no later than September 30, 2005, or upon selection of a permanent Executive Director, whichever comes first. 3.3.2 Nothing in this Employment Agreement shall prevent, limit or otherwise interfere with the right of the Authority to terminate the employment of Employee subject to provisions set forth in paragraph 7 of this Employment Agreement. 4.0 Salary 4.1 The Authority agrees to pay Employee annually beginning on the date of ratification as determined in paragraph 3.3.1, above. Page I of 5 OCT 2 fa A GEND ,A ,I.T E,~Vl NO. OCT 2 8 2003 4.2 Pursuant to this Employment Agreement, Employee sl~allPhg~- entitled to an annual base salary not to exceed $85,000 payable in bi- weekly installments. 5.0 Adjustments to Annual Salary 5.1 The Authority shall conduct an annual performance evaluation of the Executive Director and make salary adjustments to the annual base salary based on performance and annual budget approval. 5.2 Annual salary adjustments, above the Consumer Price Index approved by the Board of County Commissioners for other county employees, shall be included in the first pay period following October 1. 6.0 Employee Benefits 6.1 With exception of health and life insurance, Employee shall be entitled to receive vacation and sick leave benefits as accorded to other county employees, including the provisions governing accrual and payment thereof through the period of employment. 6.2 All provisions of law, custom and county regulation relating to vacation and sick leave, holidays and other employee benefits, to include working conditions as they now exist, or hereafter may be amended, shall also apply to Employee in the manner that they apply to other county employees, in addition to those benefits specifically enumerated in this Employment Agreement. 7.0 Termination and Notice 7.1 Employee is not an at will employee. 7.1.1 Any term or condition of this contract to the contrary notwithstanding, the Authority may terminate Employee--terminate the employment of Employee--duri~g tile term of this Employment Agreement only as follows: 7.1.2 In th,_= event that after execution of this Employment Agreement Emp!oyee is convicted of any felony, or of any crime involving moral turpitude, the Authority may summarily terminate Employee without notice. 7.1.3 Except as set forth in paragraph 7.1.1, above, in the event the Authority desires to terminate, for good cause, e.g., gross insubordination, failure to follow direct instructions from the Authority, excessive tardiness or absenteeism, Employee's employment during such time that Employee is willing and able to perform the duties of Executive Director of the Airport Authority, Authority may do so only in the following manner: OCT 2 8 2003 Page 2 of 5 7.1.3 i A resolution of intent to terminate Employee shal ~ ~---~" at a regular Authority meeting by an affirmative vote of at least five (S) of the membership of the Authority after said resolution has been placed on the agenda of a meeting. 7.1.3.2 Upon adoption of a resolution of intent to terminate Employee, the Authority may consider the adoption of a resolution terminating Employee at a regularly scheduled meeting of the Authority not less than twenty-one (21) days thereafter. 7.1.3.3 The resolution terminating Employee shall require an affirmative vote of at least five (5) of the membership of the Authority for adoption. 7.1.3.4 The adoption of a resolution terminating Employee shall constitute a ninety (90) day notice to Employee and, upon expiration of 90 days, the termination shall become effective. 7.1.3.5 As an alternative to the ninety (90) day notice, the Authority may, at its sole discretion, terminate Employee immediately subject to the payment to Employee of the accrued wages for the ninety (90) day period that would otherwise be due Employee. 7.2.1 Employee may resign only if health or other unforeseen circumstance beyond Employee control makes it impossible to adequately perform duties. 7.2.2 the event of resignation, Employee shall give the Authority sixty (60] days advance written notice, unless waived by the Authority or unless otherwise agreed to by the parties. 7.2.3 In the event Employee resigns, suspension with pay after such resignation shall not be considered discipline under any Authority or County Ordinance, rule, regulation or otherwise. 7.2.4 In the event of termination or resignation, Authority shall pay Employee those monies due within ten (10) working days following the effective date of the termination or resignation. 8.0 Payment of Expenses 8.1 Authority agrees that the public is served by Employee's participation in professional organizations that enhance professional development and shall make work time available for those pursuits at no cost to the Authority. 8.2 Membership in community organizations which enhance the level of service provided to the Authority and the citizens of Collier County shall be approved in the annual budget but are restricted to: 8.2.1 American Association of Airport Executives (AAAE) 8.2.2 Florida Airports Counc:,l (FAG) 8.2.3 National Air Transportat:,on Association (NATA) 8.3 Authority agrees to budget and pay the travel and the subsistence expense of Employee for professional and official travel Page 3 of 5 OCT 2 I outside of Collier County as authorized by lawi on a case-by- se' basis. 8.4 All travel shall be pre-approved by the Authority. 8.5 Reimbursement for travel shall regulated by Collier County travel policy. 9.0 General Provisions: 9.1 The Authority shall fix such other terms and conditions of employment, as it may determine appropriate from time to time, relating to the Employee performance, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Employment Agreement, or of any other applicable law. 9.2 The text of this Employment Agreement describes the limit of personal responsibility and authority which may be exercised by the Employee. 9.3 This Employment Agreement shall be binding upon all parties to inure the benefit of the heirs, beneficiaries and personal representatives of Employee. 9.4 This Employment Agreement is a personal services contract and Employee may not assign Employee's obligations under this Employment Agreement. 9.5 If any provision, or any portion '~, ~,reof, contained in this Employment Agreement is held to be unco~stitutional, invalid or unenforceable, the remainder of the Employment Agreement or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. Page 4 of 5 OCT Agreed and accepted by the parties this /"~ OCT 2 8 2003 I:'g. 7' __day of October 2003. ATTEST: WITNESSES- First Witness ~) L,' Print Name (-J By. t D. P. Vasev, Chairman _eg.e)Schmidt, Employee Print Name Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney Page 5 of 5 OCT 2 ~ ZOO3 REQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "IBIS COVE, PHASE 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 "Ibis Cove, Phase One" CONSIDERATIONS: On May 29, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Ibis Cove, Phase One". 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. o 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. 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. OCT 2 8 Executive Summary Ibis Cove Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and seweu improvements in "Ibis Cove, Phase One" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of t?~e :n~intenance secur.ty. PREPARED BY: Engineering Review Senior ~ ~ E~g ~ .... r Thomas E. Kuck, P.E. Engineering Review Director / {.'~u;..uy Engineer Date Date APPROVED '3Y: Date 2003 RESOLUTION NO. 03- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ,.\CCEPT,.\NCE OF THOSE ROADWAY, DtLAiNAGE, AND WATER AND SEWER IMPROVEMENTS IN IBIS COVE, PHASE ONE, RELEASE OF TIlE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR TIlE ROADWAY, DRAINAGE, AND WATER .AND SEWER IMPROVEMENTS THAT ARE NOT REQL,RED TO BE MAINTALNED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 14, 2000 approved the plat of Ibis Cove, Phase One for recording; 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 xvater and sewer improvements and release of his maintenance security; and \5qtEREAS, the Engineering Review Department of Communily Development Services has respected the road:vay, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Ibis Cove, Phase 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 Ibis Cove homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COULNTY, FLORIDA By:¸ TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: ~/l Patrick G. %~nite Assistant Collier County Attorney AGF_I~)A I'ITr_M OCT 2 8 2003 SUMMARY REQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "NAPLES LAKES SHOPPING CENTER" 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 "Naples Lakes Shopping Center" CONSIDERATIONS: On April 1, 2002, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Naples Lakes Shopping Center". The roadway and drainage improvements will be maintained by the project's commercial property owner's association. The water and sewer improvements will be maintained by the County. 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. 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 reviewe~ and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's commercial property owner's 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. OCT 2 2003 Executive Summary Naples Lakes Shopping Center Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Naples Lakes Shopping Center" 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, Engineering Review Senior Engineer Date REVIE~ED BY: / ~ Thomas E. Kuck, P.E. Engineering Review Director / County Engineer ~&te/ APPROVED BY: Jo~e~h.K. Schr~itt, Administrator Cdm~unity Dev. and Environmental S'.;C S . D/at~ AGENOA ITel,,4 OCT 2 8 2003 RESOLUTION NO. 03- RESOLUTION OF THE BOARD OF COLi'N'TY COMMISSIONERS OF COLLIER COL,rNTY, FLOR[DA TO AUTHORIZE FENAL APPROV=kL OF THOSE ROADWAY, DR.A2NAGE, .,UND WATER .AND SEWER IMPROVEMENTS IN NAPLES LAKES SHOPPING CENTER, RELEASE OF THE MAINTENANCE SECURITY, ANT) ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DFLkh--NAGE, .4zN'D WATER AND SEWER ffvlPROVEMENTS THAT .&RE NOT REQUIRED TO BE MAhNTAINED BY THE PROPERTY-O~,k :'NERS ASSOCIATION. WHEREAS, the Board of County. Commissioners of Collier County. Florida, on June 12, 2001 approved the plat of Naples Lakes Shopping Center for recording; 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 tile Utilities Standards and Procedures Ordinance/Collier County Ordinance No. 01-57); and YVHEREAS, the Developer is requesting final acceptance of thc roadway, drainage, and water and sewer improvements and release of his maintenance security; and ¥~,~tEREAS. the Enl ering Review Department of Communitx Development Sen'ices has inspected the rt.t,dway, drainage, and water and sewer impro,.cments, 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 ~anted for those roadway, drainage, and xvater and sewer improvements in Naples Lakes Shopping Center, and acceptance of the dedications tbund at Plat Book 36. Page 98, auld authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED .&ND ORDERED that the County accept the future maintenance and other attendant costs for the water and sewer improvements; the roadway and drainage improvements will be maintained by the Naples Lakes Shopping Center properly-owners association. This Resolution adopted after motion, second and majority, vote favor/ng same. DATE: ATTEST: DWIGHT E. BROCK, CLEP, X. Approved as to form and legal sufficiency: Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COLrNTY, FLORIDA By: TOM HENNENG, CHAiRNI;MN AGE~(DA ITEM OCT 2 8 2003 EXECUTIVE SUltrY REQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "LINKS AT THE STRAND" 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 "Links at the Strand" CONSIDERATIONS: On October 16, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Links at the Strand" o 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. o The required improvements have been constructed in accordance with the Land Develo~ent Code. The County Development Services has inspected i~he 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. 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. OCT 2 8 2003 Pg. / Executive Summary Links at the Strand Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Links at the Strand" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Senior Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: SVC S . Date A~NOA ITE.M OCT 2 8 2003 /i ~_~ A~ EIN~)A I'IT~M oc 28 2003 r 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 LMPROVEMENTS IN LINKS AT THE STRAND, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ,ad:LE NOT REQUIRED TO BE MAINTAINqED BY THE HOMEO'~\qN-ERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 14, 2000 approved the plat of Links at the Strand for recording; 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 B,q-IEREAS, 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 Communitv. Development Services has inspected the roadxvay, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby ~anted for those roadway, drainage, and water and sewer improvements in Links at the Strand, 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 Links at the Strand homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: ~?~) Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HEN~'NING, CHAIRMAN 'I EXECUTIVE SUMMARY REQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "NAPLES GATEWAY, PHASE 2" 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 "Naples Gateway, Phase 2" CONSIDERATIONS: On December 26, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Naples Gateway, Phase 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. 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. 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. OCT 2 8 2003 / Executive Summary Naples Gateway, Phase 2 Page 2 RECOM/~ENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Naples Gateway, Phase 2" 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 Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date Date APPROVED BY: ~'VC S . AC, ENOA ITEI~., OCT 2 200:] 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 IN NAPLES GATEWAY, PHASE 2, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, D1L~XlNAGE, AND WATER AND SEWER IMPROVEMENTS TItAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PROPERTY-O\VNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 24, 2000 approved the plat of Naples Gateway, Phase 2 for recording; 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 Compliance Ser¥ices Section of tile Development Services Department }las inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOAR[) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Naples Gateway, Phase 2, 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 m~.intained by the Naples Gateway Property- owner's Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUD4TY, FLORIDA By: TOM HENNING, CHAiP, zM~kN Approved as to form and legal Assistant Collier County Attorney OCT 2 8 2003 Pi[. '~ EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "ARIELLE" OBJECTIVE To grant final acceptance of the infrastructure associated with that subdivision known as "Arielle" improvements CONSIDERATIONS: On August 12, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Arielle" o The roadway and drainage improvements will be maintained by the project's Community Development District. The water and sewer improvements will be maintained by the County. 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. A resolution for final acceptal_:. ~ has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's Community Development District. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT= None OCT 2 8 2003 Executive Summary Arielle Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Arielle" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer' Engineering Review Date REVIEWED..~~ii~.BY: Thomas E. Kuck, P.E. Engineering Review Director Date APPROVED BY: :n~euP~i~ Dev. and Environmental Si~C S . jrh AGENC, A I]'ElVl ~'~ OCT 2 8 2003 p~. ~- RESOLUTION NO. 03- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU..~TY. FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER LMPROVEMENTS IN ARIELLE, RELEASE OF THE MAINTENANCE SECUR/TY. AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MA.RSH COMMUNITY DEVELOPMENT DISTRICT W-HEREAS, the Board of County Commissioners of Collier County, Florida, on June 25, 1996 approved the plat of Arielle for recording; 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. 0t-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 Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and ~vater and sex~ er improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU~'NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements m Arielle, 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 Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAI1~MAN form and Approved as to ~_ legal sufficiency: Patrick G. White Assistant Collier County Attorney OCT 2 8 2003 EXECUTIVE · SUMMARy REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "NORTH NAPLES RESEARCH AND TECHNOLOGY PARK", 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 p~at of "North Naples Research and Technology Park", a subdivision of lands; located in Section 10 Township 48 South, Range 25 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 "North Naples Research and Technology Park". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail 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 ---and accepted by the Planning Services Director and the County Attorneys 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 "North Naples Research and Technology Park" be approved for recording. This project is a 13 Lot commercial subdivision being developed by North Naples Golf Range, Inc. as Trustee of the SJG Land Trust Agreement. FISCAL IMPACT: The project cost is $603,304.48 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $243,864.00 - $359,440.48 The Security amount, equal to 110% of the project cost, is $663,634.93 OCT 2 8 2003 Executive Summary North Naples Research and Technology Park 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: $11,752.35 Fees are based on a construction estimate of $603,304.48 and were paid in April, 2003. The breakdown is as follows: a Plat Review Fee ($50(}.00 + $10./ac)$ 692.70 b Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.5% const, est.) - $1,219.32 Drainage, Paving, Grading (.42% const, est.)-$1,509.65 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $3,657.96 Drainage, - $4,672.72 The Concurrency Waiver and Release relating to conditional approval has been reviewed and appr©ved ]Dy the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "North Naples Research and Technology Park" for recording with the following stipulations: Approve the amount of $663,634.93 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. ^GEN A OCT 2 8 2003 Executive Summary North Naples Research and Technology Park Page 3 Approve the standard Agreement, and form Construction and Maintenance 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. c. That any outstanding comments relative to the Construction Plans and plat are resolved prior to issuance of the approval letter. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Date APPROVED BY: Josep~.~ Schmi'{ t , - Admini's tra ~o r Community Development & Environmental Services OCT 2 B 003 EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR JASMINE POINTE OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Jasmine Pointe, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on July 3, 2002, in accordance with Ordinance 2001-57. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of Cash Bond in the amount of $7,974.18, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated September 26, 2003. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. AGENOA ITEM OCT 2 8 2003 pg. ! Executive Summary Jasmine Pointe Page Two RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Jasmine Pointe, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: · ~ Sh~ngineering Technician Engineering Services REVIEWED BY: lhomas F:. Kuck, P.E. Engineering Services Director/County Engineer 09/29/03 Date 09/29/03 Date APPROVED BY: ~' ' '~~' ' tor attachments 'D~te AGENOA ITEM OCT 2 8 2003 ./ 2003 AGENOA IT£M OCT 2 8 2003 Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners i Trans Number i Date l Post Date Payment Slip Nbr 343095 ~ 7/3/2002 4:23:35 PM t 7~4~2002 MS 100626 .L NTC DEVELOPMENT LTD JASMINE POINTE Payor · N T C Fee Information i GL Account AmounttWaived $7974.18 $7974.18 Fee Code Description 12BOND DEPOSITS-COMM DEV ~CASH BOND] 67O0OOO0O22O1 1 3OO00O Total Payments Code i AccountJCheck Number Amount ~Payment i~HECK 1178978930 $7974.18 Total Cash i $0.001 Total Non-Cash $7974.18 Total Paid I $7974.181 Memo: Cashier/location: GARRETT_S / 1 User: EATON_S AGENOA ITEM OCT 2 8 2003 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:7/3/2002 4:24:04 PM EXECUTIVE SUMM~tRY FINAL ACCEPTANCE OFWATER UTILITY FACILITIES FOR SPOONBILL COVE AT CARLTON LAKES OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Spoonbill Cove At Carlton Lakes, has constructed the water facilities within dedicated easements to serve this development. See attached lc)cation map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on March 7, 2002, accordance with Ordinance 2001-57. in 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of Cash Bond in the amount of $8,107.45, will be released to the Project Engineer or the Developer's des~Lgnated agent upon the Board's approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated September 17, 2003. FISC2tL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water fac~Llities will be paid by monthly user revenues. AGENOAr~ OCT 2 B 2003 Executive Summary Spoonbill Cove At Carlton Lakes Page Two GROWTH M]~NAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Spoonbill Cove At Carlton Lakes, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: She Engineering Technician Engineering Services 09/29/03 Date REVIEWED BY: Thomas E. Kuck, P.E. Enqineering Services Director/County Engineer 09/29/03 Date APPROVED BY: ~'~.~ S~~chm~istrator unity Development And Environmental attachments Services OCT 2 8 2002, -- OCT 2 8 N" DRAWER: FIRST UNION NATIONAL BANK ssued by Integrated Payment Systems Inc.. Englewood, Colorado BAnk One Colorado N.A, Denver, Colorado AGENOA ITE~I OCT 2 8 2003 P~. ~ Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 'LTrans Number i Date i Post Date ~'320056 ,3/7/2002 11:46:53 AM i 3/7/2002 Payment Slip Nbr MS 95972 NTC DEVELOPMENT SPOONBILL COVE @ CARLTON LAKES Payor · N T C ;Fee Code I Description Fee Information ' GL Account I Amount ' 12BOND ! DEPOSITS-COMM DEV (CASH BOND! 67000000022011300000 I $8107.45 Total [ $8107.45 Waived Payments Payment Code I Account/Check Number Amount CHECK ! 16043411 ........ $8107.45 Total Cash Total Non-Cash Total Paid $0.001 $8107.45 $8107.45i Cashier/location: GARRETT S / 1 User: NIX S OCT 2 8 2003 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:3/7/2002 11:47:18 AM EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR BRIDGEWATER BAY CLUBHOUSE OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Bridgewater Bay Clubhouse, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on July 2, 2001, in accordance with Ordinance 2001-57. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. · 4) The water facilities have been operated and maintained by the Collier County Water- ~.._.. Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of Irrevocable Standby Letter of Credit No. 01-04, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. 7) Water facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated September 26, 2003. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. Ar~A r~dV~ ~ Executive Summary Bridgewater Bay Clubhouse Page Two GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Bridgewater Bay Clubhouse, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Sherry Eaton?Engineering Technic'a Engineering Services 09/29/03 Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Services Director/County Engineer 09/29/03 Date APPROVED BY: JoSeph K. Schmitt, Administrator ~ac~r~itn~;evelopment And Environmental Services bat(~ AGENOA ITEM 0CT 2 8 2003 ROAD BRIDGEWATER BAY CLUBHOUSE - S-01 T-49 R-25 OCT 2 8 2003 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 01-04 I S SUER: Gui f Coast National Bank, a national banking association, located at 3838 Tamiami Trail North, Naples, Florida 34103 (hereinafter "Issuer"). PLACE AND DATE OF ISSUE: 3838 Tamiami Trail North, Naples, Florida 34103, May 16, 2001. PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until May 16, 2002, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in u, xiting by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: LB/P-Groveway, LLC, a Delaware limited liability company (hereinafter "Applicant"), located at 2055 Trade Center Way, Naples, Florida 34109. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary."), located at Collier County Courthouse Complex, Naples, Florida 33962. AMOUNT: $4,408.20 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "LB/P- Groveway, LLC, a Delaware limited liability company has failed to construct and/or maintain the water utility improvements as shown on the plans for Bridgewater Bay (Clubhouse), or a final inspection satisfactory to Collier County, pursuant to Collier County Ordinance No. 97-17, as amended, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary.". DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under Gulf Coast National Bank, a national banking association, Credit No. 01-04, dated May 16, 2001". The original letter of credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking undertaking shall not in any way be modified, amended, or amplified by referen (Page I of 2) OCT 2 8 2003 documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages ~vith Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or later generally applicable) Revision] International Chamber of Commerce Publication No. 500. Gulf Coast National Bank, a national banking association B ~ Patrick K. Miller, Senior Vice President (Page 2 of 2) OCl 2 8 2003 EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR BRIDGEWATER BAY, PHASE ONE OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Bridgewater Bay, Phase One, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on July 2, 2001, in accordance with Ordinance 2001-57. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water- Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of Irrevocable Standby Letter of Credit No. 01-03, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. 7) Water facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated September 26, 2003. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. AGENOA IT~ ~ 0CT 2 $ 2003 Executive Summary Bridgewater Bay, Phase One Page Two GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Bridgewater Bay, Phase One, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Engineering Services REVIEWED BY: lhomas E. Kuck, P.E. Engineering Services Director/County Engineer 09/29/03 Date 09/29/03 Date APPROVED BY: attachments Date AGENOA ITEM _ 0CT 2 8 2003 e ./' ..I.g::IH8 -o AC-~NOA ITEM OCT 2 8 2003 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 01-03 ISSUER: Gulf Coast National Bank, a national banking association, located at 3838 Tamiarni Trail North, Naples, Florida 34103 (hereinafter "Issuer"). PLACE AND DATE OF ISSUE: 3838 Tamiami Trail North, Naples, Florida 34103, May 16, 2001. PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until May 16, 2002, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in wTiting by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: LB/P-Groveway, LLC, a Delaware limited liability company (hereinafter "Applicant"), located at 2055 Trade Center Way, Naples, Florida 34109. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary."). located at Collier County Courthouse Complex, Naples, Florida 33962. AMOUNT: $25,211.03 (U.S.) up t, an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "LB/P- Groveway, LLC, a Delaware limited liability company has failed to construct and/or maintain the water utility improvements as shown on the plans for Bridgewater Bay (Phase 1), or a final inspection satisfactory to Collier County, pursuant to Collier County Ordinance No. 97-17, as amended, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary". DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under Gulf Coast National Bank, a national banking association, Credit No. 01-03, dated May 16, 2001 ". The original letter of credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference t,_, (Page 1 of 2) OCT 2 8 2003 documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or later generally applicable) Revision] International Chamber of Cornrnerce Publication No. 500. Gulf Coast National Bank, a national banking association Patrick K. Miller, Senior Vice President (Page 2 of 2) OCT 2 8 2003 EXECUTIVE SUMMARY PETITION CAP~NY-2003-AR-4798, REVEREND JOSEPH SPINELLI, OSA, ST. ELIZABETH SETON CHURCH, REQUESTING PEILMIT TO CONDUCT A CARNIVAL FROM NOVEMBER 5 THROUGH NOVEMBER 9, 2003, ON THE ~I;t,URCH PROPERTY LOCATED AT 2760 52ND TERRACE SW, GOLDEN GATE CITY. OBJECTIVE: Reverend Joseph Spinelli, osa, of St. Elizabeth Seton Church, is requesting that the Board of County Commissioners approve a permit to conduct a carnival from November 5th through November 9, 2003, on the Church property located at 2760 52"d Terrace SW in Golden Gate City. CONSIDERATIONS: Reverend Joseph Spinelli, osa, has made application to the Board of County Commissioners for a permit to conduct their annual carnival and has presented sufficient evidence that all the criteria has been met for the issuance ora carnival permit. FISCAL IMPACT: The $275.00 permit application fee does cover the cost of processing and required inspections. The applicant has the required Surety. Bond for the clean up costs of the property. This event has been an annual event for some years and the applicant has no history of failing to meet this requirement The County holds no liability for this event. GROWTH MAzNAGEMENT IMPACT: There is no GrOwth Management Impact. RECOMMENDATION: That the Board of County comn~ssioners approve the permit to conduct the St. Elizabeth Seton Church annual carnival. /o. 6.05 DATE REVIEWED BY:,~ SUSA~/~I'URRA ~, AICP, / CURR~NT PLANNING MANAGER, ACTING AS PL/kNNING SERVICES DIRECTOR DATE JdSEPH K. S~I~MITT DATE ADMINISTRATOR COMMUNITY DEVELOPMENT ,,~.ND ENVIRONMENT,AiL SVCS. Camy-03-AR-4798 St Elizabeth Seton Church 1 St. Elizabeth Seton Church 2760 52nd Terrace SW Naples, FL 34116 239-455-3900 FAX 239-455-6895 September 5, 2003 Commissioners of Collier County Board of county Commissioners PO Box 413020 Naples, FL 34101 Dear Commissioners: St. Elizabeth Seton Parish will be conducting the annual Festival to raise funds for the operation of the Church and our Elementary School in Golden Gate. The Parish Festival will take place on November 5, 6, 7, 8, and 9 2003. The hours will be 6:00 to 10:00 p.m. weekdays and 2:00 to 12:00 p.m. on Saturday and 12:00 to 9:00 p.m. on Sunday. The Golden Gate Fire Department, Collier County's Ambulance service, and the Sheriff's Department have all been informed as to the time and place of the Festival. Waste Management of Collier County has been contacted and will be responsible for removing the trash from the grounds, and if this fails, the Church assumes the responsibility of removing the trash. There will be portable toilets in several locations. There will be parking facilities in the lot adjacent to the church, at Winn Dixie Plaza, at K-Mart Plaza and also the Bank America parking lot. Enclosed please find a drawing designating the location of the booths, rides, and other facilities for the Festival. Sincerely, Rev. Jos6ph Spinelli,osa Pastor OCT 2 8 2003 EXhibit Block 204 and 205, Golden Gate City, Unit according to the plat thereof, as recorded Book 5, Page :Il o~' the Public Records o~' Coi~iPa~ County, :Plorid~a. Also lot 5, 81o¢k 201, Golden Cate, Unit 6, accorc~ln to --~zzer County, ~1.''~' "UO/lC records or OCT 2 8 2003 NOTE: Please rea4 ~everse side before comD19tin~ this Copy: Zoning Director Copy: Petitioner Copy: (4) County Manager Original Form: 11/4/75 f~d);ILLv_AL__~EPATION PETITION PETITION NO. DATE: PETITIONER'S NAM~E: Et. Elizabeth 5et~n Catholic Church PETITIONER'S ADDRESs: 2760 52nd lerrace 5W Golden Gate, Ft 3a116 TELEPHONE: a55-3900 PROPERTY OWNER'S NA/4E: bt. Elizabeth 5eton Catholic Church PROPERTY OWNER'S ADDP. ESS: 2760 Golden Gate, Ft 3~116 T.EGAL DESCRIPTION OF SUBJECT PROPERTY: 52nd Terrace TELEPHONE: 455-3900 Church & School FAX 455-68~ FAX ~55-689! GENERAL LOCATION: 5325 28th Ave. SW , CURRENT ZONING: Church CUR3LENT USE: Church property NATURE OF PETITION: Festival hovember THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. EXPLANATION, SEE REVERSE SIDE.) 3.c. 3.d. ( FOR 3.e.1) 3.e.4) 3.e.7) 3.e.2) 3.e.5) 3.e.8) 3.e.3) 3.e.6) 3.e.9)... Conuue nts: si OF / DATE P~EVIEWED by Board of County Commissioners: ._-~A~_~gV~} Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MA/qAGER OCT 2 8 2003 p~. // ,~ Excerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75 3. Application and Fee for Permit. A minimum of twenty (20) days before occupying the carnival or exhibition site, an application for a permit shall be submitted to the County.Manager in four (4) copies accompanied by: ~. A uur=ty bond in the penal sum of $2,500, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for any one person and $300,000 for any one incident. c. A non-refundable fee of $200. d. A current occupational license issued by the Collier.' County Tax Collector, and e. Including the following information: 1) The name and headquarters address(es) of the carnival or exhibition company(ies) with a direct or indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(ies); 2) A description of the every activity to be conducted such as but not limited to, menageries; circus and side-show performances; amusement, merry-go-round and other ride activities; f~od and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and n,~mber of persons to operate the activities; 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance 74-45. 6) The plan for rcfuse, garbage, debris, and sewage disposal during and a£ter operation o5 the circus or exhibition. 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the property authorizing the use of his premises for such carnival activity. ..... 10) Legal description of property to be utilized. CARNIVAL PETITION APPLICATION rs OCT 2 8 2003 ~[.V. Jj~,).~J. BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event: St Elizabeth Seton Festival Name of booth: Person in charge of booth: Wesley Bates Types of Rod or beverage to be se~ed: soda coffee, hot chocola ~ ~ cnoco±ate , MamDur ers hot do s Italian sausa e cake & cookies fish & chi S~oriental, Bar_B_ On~izza Steak ice crean, e_~_~_~hant ears ------------ Florida Administrative Code, Chapter 64E-11 requires all food to come from, an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food.preparation: a roved food booths and health inspected on__hen How will food be transported to event location? n/a Method of keeping food hot and/or cold at event site: each bo th con · · Method of cooking.food at the location: stove at each booth Food must be protected from dust, insects, flies, coughs, sneezes. you provide this protection? Describe type of structure: each booth is screened in metal How will Adequate facilities and supplies shall be provided for e,-nployee handwashing; How will you provide this? AGENOA ITeM OCT 2 8 2003 Failure to comply with applicable food service requirements in accordance with Chapter 64E-11, Florida Admiriistrative Code, may result in enforcement action. Do you understand this completely? Yes ~ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attaChments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this 'establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. S,gnafure ol~'ap~an~ × Ar~NOA ITEM OCT 282003 j BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event: St Elizabeth Seton Fe t'v · Name of booth: Taffy Wagon Person in charge of booth: John Tolve Types of food or beverage to be served: soda, popcorn, cotton cand Florida Administrative Code, Chapter 64E-11 requires all food to come from, an approved source. Ail food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food .preparation: n/a How will food be transported to event location? n/a Method of keeping food hot and/or cold at event site: electric stove Method of cooking food at the location: stove Food must be protected from dust, insects, flies, coughs, sneezes. you provide this protection? Describe type of structure: enclosed waqon How will Adequate facilities and supplies shall be provided for e;'nployee handwashing. How will you provide this? sink AGENO^ ITEM 0CT 2 8 2003 Failure to comply with applicable food service requirements in accordance With Chapter 64E-11, Florida Administrative C0-del 'may re~ in enforcement action. Do you understand this completely? Yes ~ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. OCT 2 8 2003 ~_Q_bL$_Q~ NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event St Elizabeth Seton Festival Address of event Date(s) of event Sponsor of event 2760 52nd Terrace SW, Naplesr FL 34116 weekend 12 noon to Nov 5-6-7-8-9 . Hours ofoperation 6 to 10 p.m. St Elizabeth Seton Parish Personin charge offood se~ice Phone 948-5677 Wesley Bates 12 a.m Number of food and beverage booths 1 4 Estimated number of attenders expected at the event at one time? 5000 Number of toilets to be provided: Portable: Male ( 12 ) Permanent: Male ( Method of toilet waste disposal: Waste Management/Sanitary Female (t2.) Female ( ) Dept Describe method of liquid kitchen waste disposal: City water and sewer with grease trap Describe containers and method of solid waste disposal (garbage): Garbaqe cans with plastic l~ners Number of solid waste disposal containers provided: Describe facilities and method of handwashing: runninq water with sink 3-20yard dumpsters Describe ~cilities and method ofutensilwashing, rinsing and sanitizing: Commercial dishwasher Source of potable water: city water OCT 2 8 2003 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comp' ~ may subject the booths to be closed for public health reason. Do you understand this completely? Yes ~ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for sen/ice to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, 'Chapter 64E-11. -' , Sl~q~ature/of sponso~ agOnt " · 3.0453. (X31£ Blvd. 727-3G7-1407 .04/1 7/.01 .1.ooo.ooo I 10,000,000 $00 , ~g~ Z1/XI~/- Diocese of Venice in FL OCT 2 8 2003 ~. /2 :: *_: :::',--':-2., "F.-__-T: :T.:.: '_.'T.-:_~OLLIEI~ COUNT~. OC.C. UPATIONAL-UCENSE'~AX -- · ,, :-,- ---. -~-:...~ ..... ._ . ... _ ...... , ................ 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'~. -.--~ ~ 'T-- -:-- --- - --. ............ .'-- .... ~ ---. .,-:. -:-._.,~ ,-~_=,~cca,--~-_! ~.- ::.-: ~, :c.-:. ::,:- CLASSIFICATION CODE;-0180~}001-:~::c'i_--.c '-~ '.---' ,.:~_-~:~"~ -: ,_'~-~:~ ....... ~ ce. ~. -~.~ ~.-~-.:-.~' -~_ ~ _L ,_:_ _LL RECEIP_T ~--?:"-~59.~4~ _:' --- ~ --:' ~ .---' . ,- ................... :-C~I-_]~-~'---."~ '--' --"~.- ~ ....... '. :., .~ · '= - -..-, ....- .... · · . . . - ..---" -t=- --'m, -~' ~ -_--"---':". --'. '7-'~ ' .... . ...... ,~l--~e ,----. -~- ~ .----' ' :~':: ,~ ~'-c'".~.~.';~ :" Thts doc~'nenl ,$ an occupational license tax only.:ThiS is not ce~ifi-'~on:tll~li~i~s~e i~.~' u~"--' .:---:_. '_--~, _--:_'!: :-.~A./~'~-z.; :.~/~1'. :./,.~L~-- · .... · It does not permit .~e !' .~ensee to ~lolate any-existing- .regulator/zonin!~._l~. ~ale~tc~..~v.~-~ies n0r-doeiit~.~em~ I~ll~s~'fr~rh-~n~-othe~-I .... - -' - ..... ' .... ~'. --:--~,----=- ..... ] ....' '., :-~.: '_',_'_,,_.L,~ .... ~:_ ..-_'_' ....... Pt y · Icenseorpermitsthatmay~ereqalre'~bv-I~',,~.- ....... : ,-T..-:- ~ --~f/'S' - ........ ' .......... ...... -:-.--'--- ---'.-' :: .......... --. ................ ..... . ....... -- -.IC I--~- ......... I .... - " -. -' ...... ' :-~ .. '.__~, _~- ~ ' ~. ,~ ~. ~ ' ~ . , " · ,. ~ -~--, ",7'- - - '~'-T 7' ~ ,'"'~'. - 0CT 2 8 2003 ' OLD REPUBLIC SURETY COMPANY } " P~O BOX 4668 ''' WINTER PARK, FL 32793-4668 CONTINUATION CERTIFICATE FLA- 320968 I CARNIVAL PERMI~ I 11/15/2003 I 11/15/2004 ST. ELIZABETH SETON FESTIVAL 2760 52ND TERRACE S.W. NAPLES, FL 33999 BD CO~. COLLIZR CTY 3301 E. T~I~I TR NAPLES, FL 33962 THIS BOND CONTINUES IN FORCE TO THE ABOVE EXPIRATION DATE CONDITIONED AND PROVIDED THAT THE LOSSES OR RECOVERIES ON IT AND ANY AND ALL ENDORSEMENTS SHALL NEVER EXCEED THE PENALTY SET FORTH IN THE BOND AND WHETHER THE LOSSES OR RECOVERIES ARE W1THIN THE FIRST AND/OR SUBSEQUENT OR V~THIN ANY EXTENSION OR RENEWAL PERIOD, PRESENT, PAST OR FUTURE. ;:[i[;::!::!i~!i ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. ........ ~:'i SIGNED AND DATED THIS FOURTH ::?:?:?:?:?: BROWN & BROWN, INC. i~!?~iii?~ii 801 ANCHOR RODE DRIVE, :iiiii!iiiiiiiiil SUITE 300 DAYOF AUGUST, 2003 OLD REPUBLIC SURETY COMPANY SURETY AGENOA OCT 2 8 2003 GATE SC~. ;2~0 36~ 2~00 ~ 1/ 1 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 September 9*, 2003 Rev. Joseph Spin¢lli St. Elirabeth Seton Church 2760 52~ Ten'. SW Naples, Fl 34116 Rev. Spinelli, We have received and reviewed your request for security at the St. Elizabeth Seton Festival, operating fi.om November 5t~ through November 9~ 2003. The plans are hereby approved by the Collier County Sheriff's Office and adequate security will be provided. Questions or concerns should be directed to me or Lt. Guerrette, as representatives of Sheriff Don Hunter. Dave Biers, District Sergeant Golden Gate Patrol Division 239-530-9782 AGEI~A ITEM OCT 2 8 2003 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-6901 (941) 455-2121 · FAX (941) 45~7917 September 10, 2003 Rev. Joseph A. Spinelli St. EliTabeth Seton Church 2760 52na Terrace S.W. Naples, FL 34116 Dear Rev. Spinelli: This letter is to acknowledge receipt of your correspondence pertaining to the St. Elizabeth Seton Catholic Church Annual Festival to be held on Nov. 5,6, ?, 8 and 9, 2003. This department does not object to your having, the Festival, however, we must insist that all fire codes and safety codes be strictly adhered to. In addition, it will be necessary for all festival facilities to be inspected by a fire department inspector after they are set up and prior to their being opened to the public. Thank you for your cooperation. Sincerely, Donald R. Peterson Fire Chief DP, P/th OCT 2 8 2003 ~"I~ST~AL BUILDING I HOUSE S( W W~kST~ ~I.~EtiENI' O~ WMCollier~)wm.com IACCOUNT* ~E ST. ELIZABETH CHURCH correct ' RALPH I~u~t 7AR~O SERvICE · ~cR~ss 2~76Q 52ND TERR SW SERVICE AGREEMENT ~ON ~Z~,~DOUS W~S'mS CUSTOM~ ~U:COU.V ,O 04~24295~ I 1 --5--03 EFFECTIVE DATE ' ~O~NT? ' ~ ~TuSCODE ' B;LLi~ * N~ ~T. EL[~E~ CHURCH cc.~T ~LPH B~I 7A~NO BILLI~ ' ~.[ss 2T60 52ND TERR SW l c,~.z,. ' N~PLES, FL . 34116 ,T.Z." _NAPLES, FL 34,116 [E-MA~ ~ ~ " ~ T~'L ' ' EQUIPMENT/SERVICE SPECIFICATIONS __ .... 96.14 0 I ~ ~~,~ ~00 ~o~"'~ 96.14 ~c~ ~.00 ~m-~ 151.~ ~~ TH~ EVE~~GH~OTHEY NEE IT~AP, . DEPOSIT ~MOUNT ' NJ,&, OeP, OS~T ~ ' Reference # CHECK NO. ' PC/JOB NO. S~C COOE ' 6916 ~rER~ _ D;SPOSN. SIT~ ~.~16 TAX P_X~MPT? , TAX iD'~ SP~C~ EVENT [] PRJC~ iNC~t~'a',-~ [] THE UNDERSIGNED INDIVIDU,a~L ~GNIN~ THIS ~REEMEN'r ON 6~%.~.LF ~P CU~I'OMER ACKNOV~-E(~--~$ TI. UtT HE/SHE HAS KF~ &ND UNDEESTAND$ THE TEEMS AND CONOII'tON8 OF THt~ AOl~.lali~NT, AND THAT HE/~'IE HAS l'H~ AUTHORITY TO SIGN ON BEH.N,.F OF CUSTOMER. TERMS: NET 10 DAY~, CU&'[OMER SCHEDULE OF CHARGES ,e~vice Chacgo I;~r f¢,onLh 2 Y0 19.52 4vD 3902 ~ YO 58.~ s Y~ 78.03 P~S S 96.14 SALES AGENOA ITEM ,o. OCT 2 B 2003 Permit No. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Reverand Joseph Spinelli, OSA, St. Elizabeth Seton Church, has made application to the Board of County Commissioners of Collier County, Florida, tot a permit to conduct a Carnival; and WHEREAS, Reverand Joseph Spinelli, OSA, St. Elizabeth Seton Church, has presented to the Board sutficient evidence that all criteria for the issuance of a permit to conduct a Carnival as set forth in Chapter 10, Article Il, Amusements and Entertainments, of the Collier County Code have been satisfied and that such Carnival will be conducted according to lawful requirements and conditions; and NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED to Reverand Joseph Spindli, OSA, St. Elizabeth Seton Church, to conduct a Carnival from November 5, 2003, ttu'ough November 9, 2003, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated hereto f~,r thc following described property: (See attached Exhibit "A") WITNESS m~hand as Chairman of said Board and Seal of said County, attested bx the Clerk of Courts in and for said County this __ day ot ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS: DWIGHT E. BROCK, CLERK COLLIER COU%ITY, FLORIDA: BY: TONI HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: Mmjori~ M. Student Assistant County Attorney C ~\ RNY-2003 -A R-4798r CM/sp Page Iot 1 AGENOA ITEM ! i OCT ?_ 8 2003 ! I /? Block 204 and 205, Golden Gate City, Unit 6, according to the plat thereof, as recorded in Plat Book 5, Page 11 of the Pub County, Flor£d~. 1lc Records of Collier Also lot 5, Block 201, Co/den Gate, Unit 6, accorOing to Plat book PAges 124 to 13a, Inc. Pub/lc records Collier County, AC-~INOA ITEM OCT 2 8 2003 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "TROON LAKES" 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 "Troon Lakes" CONSIDERATIONS: On April 22, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Troon Lakes" The roadway and drainage improvements will be maintained by the Pelican Marsh Community Development District. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the ~rovements and is recommending final acceptance of the impro~, ents. 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 Community Development District. 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. OCT 2 8 2003 Executive Sun~ary Troon Lakes Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Troon Lakes" and release the maintenance security. i. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Senior Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: ~o~eph K. Schmitt, Adminzstrato~r /C~nmunity Dev. and Environmental Svcs. Date OCT 2 S OCT 2 8 RESOLUTION NO, 03- RESOLUTION OF TIlE BOARD OF COL,~TY COMNIlSSIONERS OF COLLIER COLD4TY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE. AND WATER AND SEWER IMPROVEMENTS IN TROON LAKES, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DI:L,~INAGE, AND WATER AND SEWER L\IPROVEMENTS THAT ARE NOT REQUIRED TO BE MAiNTAiNED BY THE PELICAN MARSH CO.MMU~ITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 1, 1998 approved the plat of Troon Lakes for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer impro,ements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as m-nended)? and the Utilities Standards and Procedures Ordinance iCollier Count.',, Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and ~ ater and sewer impro', cments and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Dexelopment Scrxices Department has inspected the roadway, drainage, and v, ater and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT',', FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sexver improvements in Troon Lakes, 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 tbr roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Comnmnity Development District. This Resolution adopted after motion, second and majority vote thvoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COU:~TY, FLORIDA By: TONI HENNING, CH,&IRMAN Approved as to form and legal Patrick G. White Assistant Collier County Attorney OCT 2 8 2003 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD RFP # 03-3537, "TOU~ST DEVELOPMENT COUNCIL MARKETING SERVICES" (IN THE ESYIMATED ANNUAL AMOUNT OF $820,000) OBJECTIVE: Obtain Board's approval of a contract to assist the Tourism Department in marketing and advertising Collier County as a tourism destination. CONSIDERATIONS: A Request for Proposal was issued for the purposes of establishing a contract with a firm capable of designing and producing advertising and promotional items under the direction of the Tourism Department. A Request for Proposal was publicly advertised on July 3, 2003. Notices were sent to seventeen (17) firms with ten (10) requesting full packages. Five (5) responses were received by the due date of July 25, 2003. A Selection Committee meeting was held on August 18, 2003, and after review and discussion; by consensus of the members, the followSng finn(s) were short-listed: 1. Paradise Advertising and Marketing 2. Tweed Advertising Paradise Advertising and Marketing, Inc. has been recommended for award of this contract by a consensus of the Selection Committee. Staff has negotiated and reached agreement on a contract with the top ranked firm, Paradise Advertising and Marketing, Inc. FISCAL IMPACT: The funds of $120,000 tbr fee related sexwices and funds in the amount of $700,000 for advertising expenditures are covered in the proposed Tourism Department budget for FY 04 Fund (194). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact with these initiatives. RECOMMENDATION: That the Board t;£ CuuJ~ty Commissioners award RFP #03-3537 for Tourist Development Council Marketing Services to Paradise Advertising and Marketing, Inc., and to authorize the Chairman to execute a standard County Attorney approved contract OCT 2 8 2003 PREPARED BY: ~. J ...,.-d. ~-- JIM fl~kBURY, Pu~cHASIN~OENT JACK WERT, DIRECTOR TOURISM REVIEWED BY: ~ , STEV~-C ARN~ELL, DIRECTOR PURCHASING/GENERAL SERVICES APPROVED BY: ~'~.~~A~ IINISTRATOR4JO~EPH K. SCHMITT.: D (~QMMUNITY DEVELOPMENT AND ~',JVIRONMENTAL SERVICES DIVISION DATE: DATE: DATE: OCT 2 8 2003 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD RFP #03-3540, TOURIST DEVELOPMENT COUNCIL FULFILLMENT SERVICES (IN THE ESTIMATED ANNUAL AMOUNT OF 565,000) OBJECTIVE: Obtain Board's approval of a contract to assist the Tourism Department in fulfilling requests for information via toll-free numbers, mail and the Internet for the promotion of Collier County as a vacation destination. CONSIDERATIONS: A Request for Proposal was issued for the purpose of establishing a contract with a firm capable of providing Call Center and Fulfillment services under the direction of the Tourism Department. The RFP was publicly advertised on July 3, 2003. Notices were sent to twenty (20) firms with seven (7) firms requesting full packages. One (1) response was received by the due date of July 25, 2003, from Phase V. A Selection Committee meeting was held on August 18, 2003, and after review and discussion; by consensus of the members, the proposal submitted by Phase V was deemed qualified to perform the required services. Staff then negotiated and reached agreement on a contract with Phase V. FISCAL IMPACT: The amount of $65,000 for the services to be provided as referenced herein is in the approved Tourism Department budget for FY 04 Fund (194). GROWTH MANAGEMENT PLAN: There is no Gro~th Management impact associated with this action. RECOMMENDATION: That the Board of County Commissioners award RFP #03-3540 for Tourist Development Council Fulfillment Services to Phase V and authorize the Chairman to execute a standard County Attorney approved contract. Prepared by: ~i~ .Albury, Purchasing kP.~umhasing Department Review'ed by: Jack Wert, Director Tourism Reviewed by: Steve Carnell,~- z v "'Oir~tor Purchasing/General Services Approved by' '~ Date: / ~./'3' ;;,,;/,.~ EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.583-1-AR-3960 "MARETE COMMERCIAL EXCAVATION", LOCATED IN SECTION 7, TOWNSHIP 51 SOUTH, RANGE 26 EAST; BOUNDED ON THE EAST AND SOUTH BY VACANT LAND ZONED AGRICULTURAL, ON THE WEST AND NORTH BY OCCUPIED LAND ZONED AGRICULTURAL. OBJECTIVE: To issue a Commercial Excavation Permit to R.H. of Naples, Inc for the project known as "Marete Commercial Excavation" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The petitioner proposes to haul 100,000 C.Y. of fill offsite. The fill removed must go to the Habitat for Humanity site known as Charlee Estates. Marete is both a conditional use and an excavation project previously approved by the B.C.C. The original Conditional Use (CU-96-21) expired on August 26, 2000 and the Excavation Permit (No. 59.583) expired on March 27, 2001. The B.C.C. on October 14, 2003 approved a New Conditional Use for Marete Commercial Excavation. FISCAL IMPACT: The Community Development Division has received $l,868.00 in revenues broken out as follows: Application Fee: $ 850.00 Permit Fee: $1,018.00 $1,868.00 A Road Damage Fee was previously paid in the amount of $9,545.61 to the Transportation Department. GROWTH MANAGEMENT IMPACT: None HISTORICAL/ARCHAEOLOGICAL IMPACT: None. EAC RECOMMENDATIONS: This petition was not required to be submitted to the EAC. CCPC RECOMMENDATIONS: (See Attachment: Conditions of Approval) AGENOA ITEM OCT 2 8 ,%SB I ! __ ENGINEERING REVIEW SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59- 583-1/AR-3960 "Marete Commercial Excavation" with the following stipulations: 1) 2) 3) 4) 5) All provisions of Collier County Ordinance No. 92-73, Division 3.5 shall be adhered to. All conditions for Marete Commercial Excavation (CU-2003-AR-3954) shall be adhered to. Off-site removal of material shall be limited to 100,000 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). The Excavation Permit xvill expire in one year from date of permit issuance. The excavation will be limited to a bottom elevation of 12 feet below original grade. Soil borings will be submitted to verify that the confining layer of the aquifer will not be penetrated. PREPARED BY: THOMAS E. KUCK, P.E. ENGINEERING SERVICES DEPARTMENT DIRECTOR / DATE APPROVED BY: JOSEIbH K. SCflMIT'r, AI~MINISTRATOR / COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.583-I-AR-3960-EX SUMMARY OCT 2 8 2003 Pg._ OCT 2 8 2003 COLLIER COUNTY TRANSPORTATION SERVICES ~,STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS h-NVOLVING OFF-SITE REMOVAL OF MATERIAL L 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: Haul mutes between an excavation site and an aner/al road shall be pr/vale with properly 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 malerial should such removal create a hazardous road condition or substantially deteriorate a mad condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair shm~ by the permitt in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.$ and Right-or-%ay Ordinance No. 93-64. 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 m accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation The Transpmlafion Services AdminisW~on reserves the right to emablish emer~z~cy we/iht limits on public roadways affected by the off-site removal of excavated maIer/al; the proced.ur~ for establ/shment of we/v..ht limits shall be ~he -resenmfion ..... ~Oe ~f s~eB°~d ~.C~unlY 5~Tmi'~ioner~. Shou~ weight li~'~ '~~m~ ,A.a:___ ,___- .... ~ · m ' . lement measures to assure that all heavy Iradc ,,,,~ml/~ leaving me penmrs property conform to the applicable weight restriction. The Exertion Pe~~ ~ .of public ~ simll apply to exca,aUion operati-- ~1 ~ g~ m accordance w/th curre~ oniinanc~ ~ ,~p~ EXHIBIT AGE~A II[EM OCT 2 8 2003 pg.__ 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: Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to thc County. Control of size/depth/number of charges per blast by the Development Services Director. Do 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. 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 amendect. Reference to letter of 5/24/88 Revised 1/13/98 AC, r=.NOA tW.~ .... ' 'OCT 2 8 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). 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. The excavation xvill be limited to a bottom elevation of 12 feet beloxv original grade. 5. This conditional use shall expire 12 months from the date of BCC approval. 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 Count), Ordinance No. 2002-01. 7. The number of haul trucks must not exceed fifty-five per day. 8. All haul trips will be limited to the Habitat for Humanity site, "Charlie Estates", located offU.S. 41 approximately one-half mile to the northwest of Greenway Road. Prior to any blasting activity, the applicant shall conduct a documented survey of the housing conditions of each residence within 1000 feet of the property line of the excavation site to determine any structural damage related to the blasting activities, subject to the property owner's consent. The results of the pre-blast survey shall be submitted to Tom Kuck, Director of Collier County Engineering Services Department. CU-03-AR-3954 CONDITIONS OF APPROVAL AC.,EhN:)A t~ EXtlIBIT "D" 10. 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) 3:00 P.M, with no activity on Sundays and legal holidays. 11. 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. CU-03-AR-3954 CONDITIONS OF APPROVAL OCT 2 8 2003 EXHIBIT "D" EXECUTIVE SUMMARS- RECOMMENDATION TO AWARD RFP #03-3538, "TOURIST COUNCIL RESEARCH SERVICES" DEVELOPMENT OBJECTIVE: Obtain Board's approval of a contract to assist the Tourism Department in the pertbrmance of primary and secondary marketing research to determine various aspects of the tourism efforts in Collier County. CONSIDERATIONS: A Request for Proposal was issued for the purpose of establishing a contract with a firm capable of pr~ viding Research services under the direction of the Tourism Department. The RFP was publicly advertised on July 2, 2003. Notices were sent to forty-three (43) firms with twenty-nine (29) firms requesting full packages. Eight (8) responses were received by the due date of July 25, 2003. A Selection Committee meeting was held on August 18, 2003, and after review and discussion; bv consensus of the members, the following firm(s) were short-listed: 1. Evans-Klages, Inc. 2. Choice Communications 3. Varga Marketing and Research Evans-Klages, Inc. has been recommended for award of this contract by a consensus of the Selection Committee. Staff has negotiated and reached agreement on a contract with the top ranked firm, Evans- Klages, Inc. FISCAL IMPACT: The contract sum of $75,000 is in the approved FY 04 Fund (194) Tourism Department Budget. GROWTH MANAGEMENT PLAN: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award RFP #03-3538 for Tourist Development Council Research Services to Evans-Klages, Inc. and authorize the Chairman to execute a standard County Attorney approved contract. OCT 2 E 2353 /Jim Albury, Purchasing A:~ht { P._~urchasing Department Reviewed by' ~ ----:~: Jack"We~. Director Tourism Reviewed by: ~~¢~ Steve Carnell, Director Purchasin~/General S~ices mmunity' Development Date: Date: Date: AOF_NOA ITEM OCT L.~O EXECUTIVE SUMMARY APPROVE TOURIST DEVELOPMENT CATEGORY "A" BEACH RENOURISHMENT / MAINTENANCE GRANT APPLICATIONS AND BUDGET AMENDMENTS FOR FISCAL YEAR 2003/2004 IN THE AMOUNT OF $316,900 OBJECTIVE: To obtain approval of Tourist Development Category "A" funding applications as recommended for approval by the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: The following Tourist Development Category "A" grant applications were reviewed and recommended for approval by the Coastal Advisory Committee on April 10, 2003 and by the Tourist Development Council on April 28, 2003. On June 10, 2003, the Board of County Commissioners deferred these grant applications, agenda item 10(H), pending the development of a funding policy. Any discussions or proposed policies have included funding for monitoring efforts and therefore the five applications listed below are submitted for approval in advance of the final policy determination. Separate packages have been or will be submitted tbr other grant applications. DESCRIPTION Clam Pass Monitoring (Pelican Bay Services Division) County / Naples Beach Monitoring (PUED) Hideaway Beach Monitoring (PUED) Marco Island Monitoring (PUED) Wiggins Pass Monitoring (PUED) AMOUNT $9,90O $100,000 $95,000 $86,000 $26,000 TOTAL $316,900 FISCAL IMPACT: The total amount of $316,90(} for FY20032/2004 is available for appropriation in the Tourist Development Tax FY2003/2004 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 the attached grant applications and budget amendments for Tourist Development Category "A" projects in the total amount of $316,900. AGENI~A ITEM OCT 2 B 200.3 Hove ll,.B,-E., Manager Date: / c ~V~D R~y B. Anderson, P.E., Pu. blic.~ies Engineehng Director ~VmWED BY: .~ ~.--.~ ~ ~ :, /. C ( ~c ~ Date: ~ -~- Ja~s W. DeLony, P.E., Publi~tilities Administrator ~V~WED B~ - ' Date: Jack ~, Tohhsm Director Denny Baker, Financia~dmin. & Housing Director / / J)seph K: S~mit[, Admini?rator 'ommunity Development & Environmental Se~ices AC_~NDA ITEM OCT 2 8 2003 EXHIBIT A Collier County Tourist Development CoUn GRANT APPLICATION Beach Renourishment and Pass Maintenance (Clam Pass Monitoring) 1. Name and Address of Applicant Organization: Collier County Board of Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: James P. Ward Division Administrator, Pelican Bay Services 597-1749 Organization's Chief Official and Title: Tom Henning Chairman Collier County Board of County Commissioners e 'Project Description [and location]: Annual monitoring of the Clam Bay Pass and Eco System to access the tidal flow conditions of Clam Pass. Monitoring includes the collection and analysis of survey and tide ,~auge data for the Clam Bay Pass and Eco System. This provides the necessary information to determine when maintenance activities are necessary to provide sufficient flows for a healthy Clam Bay estuary system. Estimated project start date: Estimated project duration: October 1, 2003 365 Days Total amount requested: $9~900 AG£NOA ITEM OCT 2 8 2003 Collier County Tourist Development Council Grant Application Page 2 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) PROJECT BUDGET (Clam Pass Monitoring) PROGRAM ELEMENT .4annual Hydrographic Monitoring Engineering Fees AMOUNT $9,900 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Si~_,/a~re"o~-Organ~zation's Chief Official or Designee* Date: "*-Director of Office of Capital Projects Management .a~-fized to sign Categoc OCT 2 8 2003 applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Pubhc Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance COUNTY / NAPLES BEACH MONITORING EXHIBIT A Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell. Coastal Projects Manager Public Utilities Engineering Department Phone: 530-5342, FAX: 530-5378 o Organization's Chief Official and r e: Commissioner Tom Henning, Chairman Board of County Commissioners 6. 7. 8. Project Description [and location]: This project consists of monitoring activities associated with the county-wide beach renourishment permits including a review of existing structures such as storm sewers, ,~roins, etc~ Estimated project start date: October 2003 Estimated project duration: 12 months Total amount requested: $100,000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) AGENOA ITEI~ OCT 2 8 2003 Category "A" Grant A,_elication Page 2 Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET COUNTY / NAPLES BEACH MONITORING PROGRAM ELEMENT Professional Services - surveys and report AMOUNT $100,000.00 TOTAL $100,000 [ have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Sig-nature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineenng effective October 1998 and is currently Director of Public Utilities Engineenng. / 2003 J Collier County Tourist Development Council GRANT APPLICATION HIDEAWAY BEACH AND T-GROIN MONITORING EXHIBIT A 1. Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Projects Manager Public Utilities En.~ineering Department Phone: 530-5342, FAX: 732-2526 Organization's Chief Official and Title: Commissioner Tom Henning, Chairman Board of County Commissioners Brief Project Description: This proiect consists of monitoring activities associated with Hideaway Beach and T Groin permit.s_. 6. 7. 8. Estimated project start date: October 2003 Estimated project duration: .One (l) year Total amount requested: $95~000.00 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) Category "A" Grant A~. dlication Page 2 PROJECT BUDGET HIDEAWAY BEACH AND T-GROIN MONITORING ACTIVITY Professional Services AMOUNT $95,000.00 TOTAL $95,000.00 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature fOrgamzat]on s Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of CounrvC. omm~ss]oners.' ' Approved by Board of County Commissioners on August 24, 1993, Agenda i'tc'm'6~ ,(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. OCT 2 8 2003 (' Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance Marco Island Monitoring 2004 EXHIBIT A Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples. FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Proiects Manaeer Public Utilities Eneineerin~' Department Phone: 530-5342, FAX: 530-5378 6. 7. 8. Organization's Chief Official and Title: Commissioner Tom Hennine. Chairman Board of County Commissioners Project Description[and location]: Survey of Marco Island FDEP monuments R-129 (north of Ti_~ertail Park) to R- 148 (Caxambas Pass), breakwaters and Caxambas Pass includin~ nearshore wading depth profiles and bathvmetric data. The final product will be an en_o-ineering report for the County. Coastal Advisory Committee and FDEP. Estimated project start date: Estimated project duration: Total amount requested: Julv 2004 4 months $86.000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( X ) ^~ENOA ~TE~ 2003 Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET Marco Island Monitoring 2004 PROGRAM ELEMENT A MOUNT Marco Island Beach Monitoring Caxambas Pass Bathymetry Monitoring Marco Island Breakwaters Monitoring TOTAL $30,000 $32,000 $24,000 $86,000 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance Wiggins Pass Monitoring 2004 EXHIBIT A Name and Address of Applicant Organization: Collier County Board of Count'. Commissioners 3301 Tarniami Trail East Naples. FL 34112 Contact Person, Title and Phone Number: Ron Hovell. Coastal Proiects Manager Public Utilities Engineering Department Phone: 530-5342. FAX: 530-5378 6. 7. 8. Organization's Chief Official and Title: Commissioner Tom Henninm Chairman Board of County Commissioners Project Description[and location]: Survey Wiggins Pass permitted dredee area alone with the adiacent permitted beach disposal areas includine nearshore wadina depth profiles and bathvmetfic data. The final product will be an eneineerint report for the County. Coastal Advisory Committee and FDEP. Estimated project start date: Estimated project duration: Total amount requested: March 2004 3 months $26.O00 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) AGENOA ITEM OCT 2_ B 2003 // Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET Wiggins Pass Monitoring 2004 PROGRAM ELEMENT AMOUNT Collection of survey data for pass and beach Analyses of data and engineering report TOTAL $14,300 $11,700 $26,00O I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Or=amzat~on s Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works En~neering effective October 1998 and is currently Director of Public Utilities Engineering. OCT 2 2323 Collier County Tourist Development Council Grant Application For Beach Cleaning Operation EXHIBIT A 6. 7, 8. Name and Address of Applicant Organization: Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 34116 Contact Person, Title and Phone Number: Marla Rarnsey, Director Phone: 353-0404; Fax: 353-1002 Organization's Chief Official and Title: Tom Henning, Chairman Board of County Commissioners Project Description (and location): The project consists of the activities associated with the beach cleaning operations utilizing two (2) sets of beach raking eqmpment. Estimated project start date: October, 2003 Estimated project duration: One Year Total amount requested: $246,300 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) AGENOA IT. EM OCT 2 Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET Beach Cleaning Operation EXHIBIT A PROGRAM ELEMENT AMOUNT 1. Salaries $170,900 2. Interdepartment Payment for Services (cartage) 5,000 3. Other Contractual Services (dumpsters) 17,300 4. Fleet Maintenance ISF Parts & Sublet 35,000 5. Fuel & Lubricants 8,000 6. Cellular Phone 4,200 7. Clothing Purchases (hats, jackets, safety shoes) 600 8. Clothing, Uniform Rental 800 9. Minor Operating Equipment 1,500 10. Other Operating Supplies 3,000 Total $246,300 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Manageme~: authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Cornnmssioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Dixector of Office of Capital Projects Management position xvas renamed to Director of Public Works Engineering cffectNe October 1998 and is currently Director of Public Utilities Engineering. AGENDA ITEM EXECUTIVE SUMMARY PROPOSED AMENDMENT TO RESOLUTION 2003-340 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. OB,JECTIVE: 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 and October 14, 2003 meetings of the BCC, approval was granted to resolution 2003-335 which was superseded by the adoption of resolution 2003-340 to adjust CDES building permit and land use fees. There was a reading into the record during the meeting of September 23, 2003 concerning the temporary withdraw of certain fees related to retrieval and copying of public records falling under the purview of CDES. Just prior to the hearing on October 14, 2003, staff noticed that further amendments were necessary, specifically as follows: an additional fee was needed for a Development of Regional Impact (DRI) abandonment process, the removal of a fee which referenced a non-existent variance process was needed, an increase to the pre-application fee was needed, and it was necessary to relocate and clarify certain fee types and titles. Staff is now bringing these corrections and addition to the previously revised fees, to the Board, via this amendment. 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 language and the proposed new fee and/or language. An explanation of each change is provided in the shaded statement following each line item. 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 these proposed changes. RECOMMENDATION: That the Board of County Commissions approves the new fee proposed for the DRI abandonment process, and the other changes outlined. PREPARED BY:/~A~ J~/~/~ V'~L~J-~/ Date: L~C,'/~2-~c~ /7, ?__C6v.~ Susan Murray, AICP, Interim Director, Department of Zoning and Land Development Review REVIEWED BY: Date: Denny Baker, Director Financial Admin and Housing APPROVED BY~~ J~h Schmitt,,~(d~mi~istrator(/~DES Date: C o f i e r C o ~. ~t t. y COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE ERRATA "Revised Edition" proposed for Oct 28: Section F.3: Section F.3: Section F.6: Section F.8: SectionG.4: Section Section Section Section Site Development Plans Site Development Plans/L. 14: Miscellaneous Site Development Plans Site Development Plans Subdivision K.1: Zoning/Land Use Petition K.8: Zoning/Land Use Petition K.9: Zoning/Land Use Petition K.20: Zoning/Land Use Petition Section K.29: Zoning/Land Use Petition Section L. 14: Miscellaneous/F.8: Site Development Plans Current Fee: F.3) Site Development Plans, including amendments and insubstantial changes - 3rd and subsequent additional reviews. $500.00 Revised Fee: ~.4,-li~-4^.~1 reviews, etna an (Re~;~, .~ item;: iris d!~plicafioil Of SDP ~i! )i 4)ii&:~9i w~.'~Ch alreadY addr~i~!,t~g.i{~ui~"d .~aa~a~ revie~ f~i) Current Fee: L. 14) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100.00 per building permit application Revised Fee: F. 3) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100.00 per ~bp.~e._.~t application Current Fee: F.6) Additional review of construction plans for phased construction of Site Development/Improvement Plan improvements. $1000.00 per phase. Revised Fee: CDI .~,~/0 .... OCT 2 8 2003 ; re,,' 10/17/03 cls .-) Current Fee: F.8) SDP Review Fee 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 & stormwater management system c. Third and Subsequent Resubminal Fee $500.00 Revised Fee: F.8) Engineering Fee) a. Site Plan Review Fee (Engija. ~ _eering adde~. ~:~.d,~i,~[f-eO~:~s'mi.'Et~gin~'~~ Construction Documents Review 0.75% of probable cost of construction of roadways, drainage & stormwater management system Construction Inspection 2.25% of probable cost of construction of roadway, drainage & stormwater management system T~.;.~ ~ c..~. ........ ~. ,.~:.~, ~:~ the revised aclditiOmi ~view. fe_¢s fOX 37i Current Fee: G.4) Subdivision Final Plat $1000.00 plus $5.00 per acre (or fraction thereof) for residential, $500.00 plus $10.00 per acre (or fraction thereof) for nonresidential; (mixed use is residential) Revised Fee: G.4) SubdMsion Final Plat $1000.00 plus $5.00 per acre (or fraction thereof) for residential, $509.09 $1000.00. plus $10.00 per acr~ (or fLaftion thereof) for nonresidential; (mixed use is residential) (The~b~ fee for residential or nonmsidentiaI are the same, ~o from p~vious Change) Current Fees: K. 1) Pre-application fee $300.00. (to be credited toward application fee upon subminal) Revised Fees: K. 1) Pr~application fee $200.00 $500.00 (to be credited toward application fee upon submittal) an0tli~r ~) Current Fee: K.8) DRI/DO Amendment $6,000.00 plus $25.00 per acre Revised Fees: K.8) DRI/DO Amendment $6,000.00 plus $25.00 per acre (or fraction thereof) (~i~~~ Current Fee: NONE Revised Fees: K.9) DRIABN - Dm Abandonment $1',500.00 ~J~5 AOENDA ITEM OCT 2 8 2003 CDES rev 10/17/03 cls Current Fee: K.20) Variance Petition Revised Fees: K.20) Va.~ance Petitien vad~e ~tirn K.21) $1000.00 Current Fee: K.29) PUD Monitoring a. $50.00 per dwelling unit within PUD b. $0.05 per square foot commercial or industrial construction within PUD Revised Fee: K.29) PUD Monitoring (fee charged at time of building permit review) (3~~i~iadit~'t0 Cl~'Wli~ ~ fe~ ~ ~1i¢~i~) a. $50.00 per dwelling unit within PUD b. $0.05 per square foot commercial or industrial construction within PUD Current Fee: F. 12) Adequate Public Facilities a. Applications requiring COA process review (such as FP's, PPL's & S1P's, SDPs) $200.00 + 25.00 per dwelling unit or 1000 sq gt commercial ($5000.00 maximum) b. Single and Multi Family Homes (not platted or processed through Planning) $100.00 per dwelling unit Revised Fee: L.14) Adequate Public Facilities ((~'~ ~ ~~}~t.~.¥'LIX~- ~ ~on:3A5 for COA process as it ~s applied to p~g nppli~~~g appli~6fiS) a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq fl commercial ($5000.00 maximum) ....... ., ........ x .... ~ ...... or processed +h ..... ~. m~.;.~x $100.00 per dwe!!ing '..'nit. Building permit applications requiring COA process review not covered under i 2.a above $ ! 00.00 per building permit application. OCT 2 8 2003 CDES rev 10/17/03 els RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ESTABLISHING A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES INCLUDING: PROVIDING FOR NEW DRI ABANDONMENT FEES, ELIMINATION OF A VARIANCE FEE FOR EASEMENT ENCRO,~CHMENTS, INCREASE IN FEES FOR PRE-APPLICATION MEETINGS AND RELOCATION OF CERTAIN FEES TO ELIMINATE DUPLICATION AND PROVIDE CLARIFICATION TO CERTAIN FEES AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE: SUPERSEDING RESOLUTION NO. 2003-340, AND PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 3, 2003. WHEREAS, the Collier County Land Development Code, Section 1.I0.1 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. 2003-340, establishing a fee schedule of development related review and processing fees on October 14, 2003; and WHEREAS, many operations within the Conununity 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 Conunissioners 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. Page 1 of 2 OCT 2 § 2003 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- 340 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: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Page 2 of 2 OCT 2 8 2003 pg. ~J COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE BCC Proposed Version- Oct 28, 2003 Contents: A) ADMINISTRATION .............................................................................................................................................................................................. 2 B) BLASTING PERMITS & INSPECTION ............................................................................................................................................................ 2 C) ENVIRONMENTAL/LANDSCAPING 2 D) EXCAVATION PERMITS ........................................................................................................................................................................................ 3 E) FIRE CODE REVIEW FEES .................................................................................................................................................................................. 3 F) SITE DEVELOPMENT PLANS .............................................................................................................................................................................. 4 G) SL'BD1VISION 5 H) Engineering Inspection Fees ..................................................................................................................................................................................... 6 1) TEMPORARY USE PERMITS ............................................................................................................................................................................ 6 J) WELL PERMITS/INSPECTIONS ..................................................................................................................................................................... 6 K) ZONING/LAND USE PETITIONS ......................................................................................................................................................................... 7 L) MISCELLANEOUS 8 M) BUILDING PERaMIT APPLICATION FEE ....................................................................................................................................................... 9 N) BUILDING PERM1T FEES .............................................................................................................................................................................. 10 O) ELECTRICAL PERMIT FEES .......................................................................................................................................................................... 10 P) J'LUMBING PERMIT FEES .......................................................................................................................................................................... 11 Q) MECHANICAL PERMIT FEES ............................................................................................................................................................... 11 R) FIRE PREVENTION AND CONTROl_ PERMIT FEES ............................................................................................................................... 12 S) MOBILE HOME/OFFICE TI:L&ILER AND OTHER TRAILER PERbllT FEES ................................................................................................. 12 T) CH1CKEES AND SIMILAR STRUCTURES .................................................................................................................................................. 12 U) POOL OR SPA PERMIT FEES .............................................................................................................................................................................. 12 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES ...................................................................................................................................... 12 W) SIGN PERMIT FEES ......................................................................................................................................................................................... 13 X) CONVENIENCE PERMIT FEES ........................................................................................................................................................................... 13 Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS ........................................................................................... 13 Z) PERMIT EXTENSION ............................................................................................................................................................................................ 13 AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES .................................................................................................................... 13 BB) PRE-MOVING INSPECTION FEES .................................................................................................................................................................... 13 CC) INSPECTION FEES ............................................................................................................................................................................................. 14 DD) REINSPECTION FEES ....................................................................................................................................................................................... 14 EE) FAILURE TO OBTAIN A PERMIT ..................................................................................................................................................................... 14 FF) LICENSING .......................................................................................................................................................................................................... 14 GG) DUPLICATE PERMIT CARDS ......................................................................................................................................................................... 14 HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS ................................................................................................................................ 14 11) PERMIT FEE REFUNDS ............................................................................................................................................................................... 14 JJ)-RECOKD RETRIEVAL ........................................................................................................................................................................................ 15 KK) COPY FEES ......................................................................................................................................................................................................... 15 LL) RESEARCH ......................................................................................................................................................................................................... 15 MM) SUBSCRIPTION SERVICE ........................................................................................................................................................................ 15 NN) ELECTRONIC DATA CONVERSION SURCHARGE ................... i .................................................................................................................. 15 OO) REGISTRATION OF RENTAL DWELLINGS ................................................................................................................................................ 15 PP) FEE WAIVER PROCEDURES ......................................................................................................................................................................... 15 QQ) ADDITIONAL FEE REFUND PROVISIONS ..................................................................................................... .: ........................................ 16 C DES Financial Administration, rev 10/17;03 AGENOA ITEM OCT 2 B 2D03 page 1 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) Detemfination 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 l) 2) 4) 5) 6) 7) s) 9) PERMITS & INSPECTION 30 day permit fee, non-refundable payable upon application. $250.00 90 day permit fee, non-refundable payable upon application. $600.00 Yearly permit fee, non-refundable payable upon application. $1,500.00 Renewal permit fee, non-refundable payable upon application. $200.00 After-the-fact fee, due to blasting without a permit. $10,000.00 Fine fee, per detonated shot with after-the-fact permit. $200.00 Handler fee, for handler who assists the user or blaster in the use of explosives. $100.00 Blasting Inspection Fee. $200.00 (per inspection) 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) $1600.00 3) Landscape Re-inspection 1*t $50.00, 2"d $75.00, every inspection afterward $100.00 CDES Financial Administration, rev I 0/17/03 A~d~hlDA ITF_J~ _ - OCT 2 8 2003 pg._page 2 .~ 4) 5) Vehicle on the Beach Permit Application. $250.00 (Pemfit fee shall be waived for public and non-profit organizations engaging in environmental activities for scientific, conservation or educational purposes). Reserved 6) Special Treatment Review a. First five acres or less. $400.00 b. Each additional acre, or fraction thereof. $50.00 ($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. $200.00 c. Sea Turtle Nest Relocation. $100.00 9) Vegetation Removal Permit a. First acre or fraction of an acre less. $250.00 b. Each additional acre, or fraction thereof. $50.00 ($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). $400.00 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 $10.00 per additional I000 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 b. SDPA - Site Development Plan, Amendment c. SDPI - Site Development Plan, Insubstantial d. SIP - Site Improvement Plan e. SIPI- Site Improvement Plan, Insubstantial f. PSP - Preliminary Subdivision Plans g. PSPA - Preliminary Subdivision Plans, Amendment h. PPL - Plans & Plat, Subdivision.. i. FP - Final Plat j. CONSTR - Construction Plans, Subdivision/Utilities $200.00 $150.00 $100.00 $150.00 $100.00 $150.00 $100.00 $100.00 $100.00 $100.00 CDES Financial Administration, rev 10/17/03 AC~NOA ITEM OCT 2 § 2C03 k. ICP - Construction Plans, Insubstantial 1. DR1 - Development of Regional Impact m. DOA - Development Order, Amendment n. PUDZ- Planned Unit Development, Rezone o. PUDA - Planned Unit Development, Amendment p. PDI - Planned Unit Development, Insubstantial q. RZ- Rezone, Regular Zoning r. CU- Conditional Use $100.00 $200.00 $150.00 $150.00 $150.00 $100.00 $100.00 $150.00 F) SITE DEVELOPMENT PLANS 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. e. Additional fees for 3rd reviexv $1,000.00, 4th review $1,500.00, 5th reviexv $2.000.00, 6th 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) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100.00 per building permit application 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 3~d review $1,000.00, 4th Review $1,500.00, 5'h and subsequent review $2,000.00 5) Site Development Plan Conceptual Review $750.00 6) Site Improvement Plan Review (SIP). $1000.00 (plus Engineering review fees) 7) Utility Plan Review & Inspection Fees- a. Construction Document Revie~v. 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 CDES Financial Administration, rev 10/17/03 8) Engineering Site Plan Revie~v Fee a. Construction Documents Review 0.75% of probable cost ofconstructibn of roadways, drainage & stormwater management system b. Construction Inspection 2.25% of probable cost of construction of roadway, drainage & stormwater m.anagement system AGE~A I'r~ ~ OCT 2 8 2003 page 4 9) 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 $2,00O.0O 10) SBR Fees a) h) c) Pre-Acquisition Meeting $500.00 (no refunds or credits) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) (all normal pre- application provisions apply) 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 11) 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. 4_5x 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 Document Resubmission or Document Modification -Submit as Insubstantial Change $150.00 for first sheet, $75.00 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, $1000.00 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 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, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. 4_.~x the PSP or Final Plat Review Fee. I 1) Administrative Amendment $250.00 CDES Financial Administration, re'.' 10.97/03 AGEhN3A l'l'E]v~ OCT 2 8 2003 pg.page 5 // H) ENGINEERING INSPECTION FEES 1) Engineering Inspection Fee $150.00 per residential dwelling unit (single or duplex only), charged at time of building permit issuance. 2) Re-inspection Fees: 1st re-inspection $75.00, 2nd re-inspection $100.00, 3'd and thereafter re- inspection $125.00 I) TEMPORARY USE PEILMITS I) Beach Events Permits- ao Individual Permit $100.00 Block of 25 calendar days $2,250.00 Block of 50 calendar days $4,500.00 Block of 75 calendar days $6,750.00 Block of 100 calendar days $9,000.00 Block of 125 calendar days $11,250.00 Block of 150 calendar days $13,500.00 2) Temporary Use Permit Special Sales & Events. $200.00 3) Model Homes and Sales Centers $500.00 4) Construction and Development $125.00 5) Residential and Non-Profit Garage and Yard Sale Permits No Charge 6) Temporary Use Amendment. $100.00 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 deposit of $500.00 will be posted by political campaigns at the time of securing, a Political Sign permit. Forfeiture from this deposit will be in the amount of $100.00 per written notice of violation of applicable sign ordinance requirements for the 3rd and following such notices of violation. Such forfeiture shall be 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: 2_~x normal fee J) WELL PERxMITS/INSPECTIONS 1) Hydraulic elevator shaft permit $300.00 2) Test hole permit (including I st six holes) $300.00, each additional hole $20.00 3) Well permit (abandonment) $150.00 4) Well permit (construction or repair) $300.00 5) Well permit (monitoring).$150.00 6) Well Permit (modification of monitor/test well to a production xvell) $75.00 7) Well Reinspections a. First Reinspection $75.00 CDES Financial Administration, re',' 10/17/03 OCT 2 8 2003 i~[' page 6 b. Second Reinspection $100.00 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 xvell in accordance with the above listed schedule. K) ZONING/LAND USE PETITIONS 1) Pre-application fee $500.00 (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 $4.000.00.(S 1.500.00) when filled with Rezone Petition) 5) Conditional Use Monitoring Review: $750.00 6) Conditional Use Extension $3.000.00 7) DRI Revie;v (In addition to cost of rezone) $10.000.00 plus $25.00 an acre (or fraction thereof) 8) DRI/DO Amendment S6.000.00 plus S25.00 per acre (or fraction thereof) 9) DRIABN- DILl Abandonment $1.500.00 10) Flood Variance Petition S1000.00 11) Interim Agriculture Use Petition $350.00 12) Non-Conforming Use Change/Alteration $1500.00 13) Parking Exemption $1500.00 14) PUD Amendments (PUD to PUD): $8.000.00 plus $25.00 an acre (or fraction thereof) 15) Property owner notifications: $1.00 non-certified mail, $3.00 certified return receipt mail (Petitioner to pay this amount prior to advertisement of petition) 16) Planned Unit Development Amendment (Insubstantial) $1500.00 17) Rezone Petition (Regular) $6.000.00 plus $25.00 an acre (or fraction thereof) 18) Rezone Petition (to PUD) $10.000.00 plus $25.00 an acre (or fraction thereof) 19) Street Name Change (Planned) $500.00 plus $1.00 for each property owner street name change. 20) Street Name (unplanned) or Project Name Chan~e $500.00 21) Variance petition: $2,000.00 residential, $5,000.00 non- residential 22) Variance (Administrative) $1.000.00 CDES Financial Administration, rev 10/I 7,'03 requiring notification of proposed AC, ENt)A rr~_.~ OCT 2 8 2003 23) Zoning Certificate: Residential: $50.00, Commercial:$125.00 24) PUD Extension- Sun Setting: $1000.00 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 Zoning/Land Use Petitions 2_~x the nomml 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 (fee charged at time of building pernfit reviexv) a. $50.00 per dwelling unit within PUD b. $0.05 per square foot commercial or industrial construction within PUD L) MISCELLANEOUS 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 forn~al written zoning/land use verification or similar such request for written staff responses. $100.00 per property 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 staffmember 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 1 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 I 1 x 17 inches: $0.15 one sided, $0.20 two sided, other sizes at cost of production a. 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 .$75.00 + 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 e. CDES Financial Administration, rev 10/17/03 page 8 11) Comprehensive Plan Consistency Review a. CU's$300.00 b. Rezonings $750.00 c. Pud's or PUD Amendments: $2250.00 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, S75.00 per '/2 hour thereafter. Additional Planning Department staff auending meeting per applicant request $75.00 per ½ hour per staff member. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour minimum, S250.00 per ½ hour thereafter. 14) Adequate Public Facilities a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq ft conu'nercial ($5000.00 maximum) b. Building permit applications requiring COA process review not covered under 12.a above $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 1 hour) 16) Zoning Letter Appeal $250.00 17) CDD a. Community Development District S15.000.00 b. Chapter 189 Special District, Independent or Dependent, $15,000.00 18) GMP a. Small Scale $9000.00 b. General $16,700.00 c. Legal advertising in addition to sub-sections a and b fees, and subject to applicable fee schedule provisions. M) BUILDING PER3IIT 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 ~vhen 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. OgT 2 8 2003 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 fl, $.025 for over 10,000 sq. ft. 3) Maximum application fee shall NOT exceed $5.000.00. CDES Financial Administration, rev 10/17/03 page 9 4) 5) 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. The balance of the total permit fee xvill be collected at the time of issuance of the permit and ',','ill include any fee adjustments necessary. N) BUILDING PERaMIT FEES 1) 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 C), 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 penrfits 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 Valuation of construction costs of $5000.00 through 549,999.99 With one or no inspections - $30.00 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 $2.40 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 - $2800.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. O) ELECTRICAL PERMIT FEES 1) The fees for electrical permits for new structures or placement or relocation of structures shall be computed as folloxvs: a. $0.40 per ampere rating of all single-phase panel boards. b. $0.15 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 $0.15 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 (50%) in additional fee costs shall be added to all above fees for three phase installations. CDES Financial Administration, rev 10/17,/03 OCT 2 8 2003 page 10 EXCEPTION: Ordinary repairs limited to a $200 value or less may be made xvithout a perrmt. 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 I) The following fee calculations shall be applied separately when the permit in','olves 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 folloxving 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 in 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. Q) MECHANICAL PERSIIT 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 $3.00 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 to~ver, or $50.0Q 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 CDES Financial Administration, rev 10/I 7/03 AGENDA ITEM OCT 2 8 2003 Pg'"' / ~pa~e I1 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 )dND OTHER TRAILER PERMIT FEES 1) The permit fee shall be $50.00 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 1) 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 PER_MIT 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 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00:$333.00 plus $3.00 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. fi. of floor area. (Screen Walls Only) b. Pan Roof. $3.00 per sq. ft. of floor area. (Screen Walls Only) c. Existing Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordance ~vith Section N of this Resolution. OCT 2 8 2003 CDES Financial Administration, rex, I 0/17/03 page 12 W) SIGN PER:gilT 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 be $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 1 of Sign Permit Fees. X) 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. Tile fee for a book of 10 convenience permits is $400.00. Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS 1) PEP~MIT AND PLAN REVISIONS The fee for each pernfit 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 S50.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10%) percent of the original building permit fee or $150.00, whichever is greater, but shall not exceed S500.00. 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 draxvings 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 Z) PERMIT EXTENSION I) The filing 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) DE,gIOLITION OF BUILDING OR STRUCTURE PERMIT FEES 1) The permit fee shall be $50.00 for the demolition of any building or structure. BB) PRE-MOVING INSPECTION FEES 1) The fee shall be $150.00 for the pre-moving inspection of any building or structure. CDES Financial Administration, rev 10/17/03 OCT 2 8 2003 page 13 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 lbr 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 $75.00 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) FAILURE 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 v,,ithin 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) GG) DUPLICATE PERxMIT 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) PER3,IIT FEE REFUNDS 1) If requested, in writing by the owner or his authorized agent, 50% 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. A~__-~NDA ITEM OCT 2 8 2O03 CDES Financial Administ'ration, rev 10/17/03 page 14 JJ)-RECORD RETRIEVAL 1) No charge for retrieving records from inactive or remote storage including microfilmed documents KK) COPY FEES I) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than 11 x17 inches: $0.15 other sizes at cost of production. f. Microfilm or Blueprint copies: 18X24 $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 g. 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 repons 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 I hour. MM) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $I 5.00 per year. The subscription year is from Oct. 1 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 $150.00, will be applied to every building permit application submitted. A flat fee of $3.00 per permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. OO) REGISTRATION OF RENTAL DWELLINGS 1) The fee for registration of rental dwellings is as follows: a. Initial Registration Fee - $30.00 b. Annual Renexval- $20.00 c. Late Fee- $10.00 NIo.~AGEN~A OCT 2 8 2003 PP) FEE $VAIVER 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. CDES Financial Administration, rev 10/I 7/03 page 15 QQ) ADDITIONAL FEE REFUND PROVISIONS 1) 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% retired. 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 xmrten 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 acre. 8) Any legal advertising required during any CDES activity or approval process will be charged in addition to stated fees, at actual costs. CDES reserves the right to charge an estimated amount with 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. CDES Financial Administration, rev 10/17,;03 AC--~E~NDA ITED,4 ~ ~ .o._/4,/t_ OCT 2 8 2003- page 16 EXECUTIVE SUMMARY BOARD WAIVE RECOVERY OF RELOCATION EXPENSES OF $4,855.06, RESULTING FROM THE NEGOTIATED RESIGNATION OF MS. MARGARET WUERSTLE AS PLANNING SERVICES DIRECTOR, RELEASING ANY RIGHT THE COUNTY MAY HAVE IN RECLAIMING SAID RELOCATION EXPENSES, FINDING THAT PAYMENT OF RELOCATION EXPENSES, IN THIS CASE, ARE IN THE BEST INTEREST OF THE COUNTY OBJECTIVE: To have the Board indicate its approval in waiving recovery of relocation expenses, resulting from the negotiated resignation of Ms. Margaret Wuerstle, finding that payment of relocation expenses are in the best interests of the County. CONSIDERATIONS: In March 2002, Ms. Margaret Wuerstle accepted the position of Planning Services Director, CDES, and reported for duty on July 1, 2002. The employment offer included relocation expenses, not to exceed one month's salary or $7,500 for her relocation from Rochester, New York. Ms. Wuerstle and CDES Administrator Joe Schmitt mutually agreed to terms of her resignation, effective October 1, 2003. During her period of employment, Ms. Wuerstle received a total of $4,855.06 for relocation expenses. Under County policies and procedures, an employee who receives relocation expenses is normally required to remain with the County for two years before the County will release its claim to recover relocation expenses. Ms. Wuerstle's two year anniversary date is July 1, 2004. In this case, executive management felt it was in the best interests of the County to waive recovery of the relocation expenses and not seek reimbursement from Ms. Wuerstle, considering the circumstances surrounding the negotiated resignation. FISCAL IMPACT: FY03 Planning Services Budget (Fund 113) projected $7,500 in relocation expenses for Ms. Wuerstle; actual expense was $4,855.06. RECOMMENDATION: In view of the negotiated resignation with executive management, recommend the Board waive recovery of relocation expenses, finding that payment of relocation expenses, in this case, are in the best interests of the County. Prepared by: /~ ~. Date: /~. -z'~ - ~ '~ Approved by~~ Date: /~//.~//~.~ . AGE~A.~,~. / /A~trator, Community Development & Environmental Se w,ce~ /6A C/ Division ' OCT 2 8 2003 EXECUTIVE SUMMARY AMEND RESOLUTION NO. 2001-56, WItlCH ESTABLISItED AN AD HOC ADVISORY COMMITTEE TO PROVIDE INPUT AND GUIDANCE IN THE AESTItETIC APPEARANCE OF 'ritE 1-75/GOLDEN GATE PARIx~VAY INTERCHANGE, BY REDUCING THE NUMBER OF VOTING MEMBERS FROM SEVEN TO FIVE, AND REDUCING THE NUMBER OF NON-VOTING MEMBERS FROM TItREE TO TWO. OBJECTIVE: The 1-75/Golden Gate Interchange Ad Iqoc Committee has completed much of its original work and no longer requires seven voting members and three non-voting members to' complete its remaining tasks. The Committee requests that its size be reduced in order to obtain a quorum. CONSIDERATION: In February 27, 2001(Agenda Item 16B12), the Board approved the formation of the 1-75/Golden Gate Parkway Ad Hoc Beautification Committee to advise on the landscaping and other aesthetic enhancements for the 1-75/Golden Gate Interchange at the request of the Metropolitan Planning Organization. The Committee has provided guidance in the aesthetic appearance of' the 1-75/Golden Gate corridor and coordinated with the Florida Department of Transportation (FDOT) as they developed their detailed design plans. When created, the advisory Committee was comprised of seven voting members and three non- voting members. Voting members were as follows: two voting members from the City of Naples, two voting members from Golden Gate City, and three voting members from unincorporated Collier County. The three non-voting members were two Collier County staff members from Transportation and Community Developinent, and one member from the Florida Department of Transportation. The voting members were selected for the City of Naples as recommended by the Naples City Council or Designee; for Golden Gate City, as recommended by the Golden Gate Civic Association; and for the unincorporated area, as recommended by the Board of County Commissioners or designee. The Committee is to remain in effect until the construction of the I- 75/Golden Gate Parkway Interchange improvements commences. The City of Naples and the Florida Department of Transportation have elected not to continue their respective participation in this Committee. Accordingly, the Committee would like the Board to consider the following: That the size of the Committee be reduced to 5 voting members in order to obtain a quorum; and That the non-voting members be reduced from three to two. x~,.~,..~FISCAL IMPACT: None. Executive Sunm~ary 1-75/Golden Gate Interchange Commiltee Reco~nmendations Page 2 of 2 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this project. RECOMMENDATION: That the Board accept the Committee's recommendation to reduce the size of the Committee from 7 voting members to 5 voting members, and that the Board reduce the number of non-voting members from three to two. Pamela J. Lulich, AS, ,Isff,, Project Manager, Traff~perations add Alternative Transportation Modes REVIEWED BY: Diane l~lagg~"~raffic Operations and Alternatiy~Transportation.., Modes Director APPROVED : ,), '.~' Norman !Feder, AICP, TransTation Administrator Date: /5/ ;v Attachment: Resolution . City of Naples City Council Regular Meeting Recap February 20,2002-9:00am 2003 07/3@/2003 14:52 2392131025 CITY CLERK PAGE 02 City Council Regular Meettng- February 20, 2002 - 9:00 n.m. RESOLI. rlt'ION 02-9522 ............................................................................................... ITEM 19-h A RESOLUTION APPOINTING ONE CITY COUNCIL MEMBER TO THE PUBLIC ART ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. Title read by City Manager Kevin Rambosk (3:48 p.m.). Public Comment: None. (3:48 p.m.) MOTION by Wiseman to APPROVE RESOLUTION 02-9522 (APPOINTING COUNCIL MEMBER TAYLOR); seconded by Macllvaine and unanimously carried,, all members present and voting (Galleberg.yes, Herms-yes, Ma~Ilvaine.yes, Russell.yes, Taylor-yes, Wiseman-yes, MacKenzie-yes). RESOLUTION .................................................................................................. ITEM 19-i A RESOLUTION APPOINTING ONE CITY COUNCIL 1VtEMBER TO THE NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. Title read by City Manager Kevin Rambosk (3:49 p.m.). Council Memb~ Hen~ns stated that a previous motion to appoint him to this organization did not specify an expiration date. Mayor MacKenzie said she believed this was to fill Vice Mayor Galleberg's unexpired term until the next election, and that the resolution indicates this ten-n runs until 2004. This item was removed from the agenda. RESOLUTION 02-9523 ...................................................................................... ITEM 19-j A RESOLUTION APPOINTING ONE CITY COUNCIL MEMBER TO TI~E SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL; AND PROVIDING AN EFFECTIVE DATE. Title read by City Manager Kevin Rambosk (3:50 p.m.). Public Comment: None. (3:50 p.m.) MOTION by Galleberg to APPROVE RESOLUTION 02-9523 (APPOINTINQ COUNCIL MEMBER RUSSELL). This motion which was unanimously carried without second, all members present and voting (Galleberg-yes, Herms- yes, Macllvaine-yes, Russell.yes~ Taylor.yes, Wiseman-yes, MacKenzie-yes). Mayor MacKenzie said she believed the 1-75 Interchange Committ~ would sunset in March; however. City Clerk Tara Norman said it would tikely continue through the end of the year. Vice Mayor Galleberg observed that there is insufficient latitude for the City to accomplish anything. MQTION by Macllvaine to RELINOUISH SEATS ON THE 1-75 INTERCHANGE COMMITTEE; seconded by Herms and unanimously carried, all members present and voting (C, alleberg-yes, Herms.yes, Ma~llvaine-yes, Russell-yes, Taylor-yes, Wiseman-yes, MacKenz~-yes). Mayor MacKenzie stated that the Naples Preserve Steering Committee technically sunsetted on December 31, 2001 but is still meeting. Council Member Taylor recommended extension for another year. It was the consensus of Council (Council Member Wiseman dissenting) to extend the Naples Preserve Steering Committee through December 31, 2002. It was also the consensus of Council to prepare necessary resolutions to dissolve the following to be presented at the March 6 Regular Meeting: Joint Advisory Board for Youth Relations, Computer Committee, Gateway Committee, and the Naples Community Hospital Committee. It is also noted for the 'record that Council Member Macllvaine ret removal from the Staff Action Committee (resolution to be on the ~. Regular Meeting agenda) and that the External Audit Committee 20 Roll call vote~ by Council Members are ~'orded in random order, pursuant to City Cc ~uested ~-'~'~ E ND A ITEM .at°b_- !It OCT 2 8 2003 ncil RESOLUTION NO. 2003- A RESOLUTION BY THE BOARD OF COUNTY COM,~IISSIONERS, COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2001- 56, '%VHICH ESTABL1SI1ED AN AD ItOC ADVISORY COMMITTEE TO PROVIDE INPUT AND GUIDANCE IN TIlE AESTIIETIC APPEARANCE OF TIlE 1-75/GOLDEN GATE I'ARKWAY INTERCHANGE, BY REDUCING THE NUMBER OF VOTING MEMBERS FROM SEVEN TO FIVE, AND REDUCING THE NUMBER OF NON-VOHNG MEMBERS FROM THREE TO TX'FO. WHEREAS. Collier Coumy Resolution No. 2001-56 established an ad hoc committee to proxide input and guidance in the aesthetic appearance of the 1-75/Golden Gate Parkway Interchange and the Golden Gate Parkx~ ay Corridor as the Gateway to Naples and Golden Gate City. Collier County, Florida; and WHEREAS. the Committee has completed much of its original work and no longer requires seven xoting members arid three non-xoting members to complete its remaining tasks; and WHEREAS, both the Citx of Naples and the Florida Department of Transportation have elected not to continue their respect:ye pa~'tic~pation in this Committee; NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COLhNTY COMMISSIONERS OF COLLIER COL~TY, FLORIDA, that: Resolution No. 2001-56 is hereb>, amended by reducing the number of voting members from sexen to five. The voting members will be comprised of mo members from Golden Gate City and three members from unincorporated Collier County. The non-voting members will be reduced fi'om three to two, and shall include a representatixe of the Transportation Department and the Community Development and Environmental Services Di,,ision. Selection of the xoting mc;npcrs shall be as follov, s: :'or Golden Gate Cit.',', as recommended b? the Golden Gate Civic .-\s:ociation: and for unincorporated Coiher Couuty, as recommended by the Board of County Commissioners or its designee. BE IT FURTtLER RESOLVED, that Re~-:otution No. 2001-56 is hereby ~m~endcd bx the adoption of this Reso],atlon as specified abo~e. This Resolution adopted after mouon, se,:ond and majority vote faxodng same, this __ da> of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORDA By: By: pllro 'e~,as tij form.and Jeff~y Assi},tant, Coum¥ Altornev , Deputy Clerk TOM HENNING, Chairman AGEND& ~TEM OCT 2 8 2003 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO CARRY FORWARD FUNDS TO RE OPEN A PURCHASE ORDER IN FY 04 THAT WAS CLOSED BY MISTAKE IN FY03 IN THE AMOUNT OF $23,490. OBJECTIVE: To obtain BCC approval of budget amendment to carry forward funds to reopen a purchase order that was closed by mistake at the end of FY 03. CONSIDERATIONS: Because of the magnitude of the number of purchase orders that roll, occasionally a few purchase orders get closed by mistake. The purchase order listed below was marked to roll into fiscal year 04, but was closed by mistake prior to the PO roll. McGee & Associates Fund (111) BCC Approved 3/25/03 $ 23,490 PO-4500007963 Funds will need to be recognized as carryforward in the MSTDGeneral Fund (lll)in order to reopen this purchase order. FISCAL IMPACT: A budget amendment is needed in the MSTD General Fund ( 11 ! ) in the amount of $23,490 to recognize carry forward funds to re open the purchase order. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the BCC approve/authorize the necessary budget amendment to carD' forward funds to re open the above listed purchase order in FY 2004 for Fund 111~ PREPARED BY: REVIEWED BY: b/ DATE: Sharon Newman, Accounting Supervisor Trans.,p~ion Services Norr(aa9~. Fed~er, ~ICP, Transportation Administrator- / AGENDA 4TE~ .'.SET 2 8 2003 EXECUTIVE SUMMARY APPROVAL BID #03-3561, SR 951 AT FIDDLER'S CREEK MSTD ROADWAY GROUNDS MAINTENANCE IN THE AMOUNT OF $21,143.70 'FO GREEN HERON LANDSCAPES, INC. OBJECTIVE: To obtain Board approval for the a~vard of approval Bid #03-3561, SR 951 at Fiddler's Creek MSTD Roadway Grounds Maintenance to Green Heron Landscape, Inc. CONSIDERATIONS: 1. On August 15, 2003, the Purchasing Department sent notices to 51 Vendors for the SR 951 at Fiddler's Creek MSTD Roadway Grounds Maintenance. 2. On August 27, 2003, a non-mandatory pre-bid meeting was held to explain the contract specifics and answer any questions that the prospective Bidders may have. 3. On September 3, 2003, four (4) Bid Packets were opened. Staff reviewed the Unit Pricing as sho~vn on the Bid Tab, and Green Heron Landscapes, Inc., submitted the loxvest Bid. Since the Bid Opening, the County staff has met with Green Heron Landscapes, Inc., to further review Green Heron Landscape's Inc., Bid submittal and the firm has indicated that they will be able to successfully fulfill the Contract requirements. 4. Staff recommends award of the Bid to Green Heron Landscapes, Inc., as the lowest, most qualified, and responsive Bidder. ~' .c-~FISCAL IMPACT: The amount of the contract is $21,143.70 plus incidentals for additional maintenance related expenses. The total contractual services maintenance costs will be funded from the MSTD Fund 112, having Project # 63011. GRO%VTH MANAGEMENT IMPACT: There will be no grmvth management impact associated with this item. RECOMMENDATION: That the Board award Bid #03-3561 to Green Heron Landscape, Inc., for the SR 951 at Fiddler's Creek MSTD Roadway Grounds Maintenance and authorize the Chairman to execute the standard contract after review and approval by the County Attorney's Office. PREPARED BY: REVIEWED BY: REVIEWED BT: APPROVED BY: ~'~ ,ff~i,v'l ~ DATE: Valor]Prince, Project Manager,(~,, ~~TLands~e Operations DATE: S~evef,~ell, Purch~sin~ Director DATE: Nohna~ E. FedeX, AICP, Transportation Administrator / AGI~D,~ ITEM No.. IL,':., !% '~.,~._ OCT 2 8 2003 pg. [1_ 0 C~ O- o ~ 0 ~O~Ol~Ol~l~ ~o~o'~ oo~o~o~ ~1 . .ooooooo° o o o~o~o~oo o oo o o o:ooo o o o o ooo o ooo o oo oo O/OlOlO ............. ~ ~1~1~1~ o o o o o o ooo oo o o o o o ...... o o o o o o,o o o o o ql~lqlq o o o o o,o o o o o,o o o oo,ooooooooooo ~ ~m~l~ 8 , ~'~ 'o= ~ , ~ 8 ~-- ='~= ~ 8 2003 >m i~6 o 88888° 08888888 oooooo ~c dddddd~ddddddddbdo dddddd ~1 ' "° ........ 0 ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 0,0 ~ 0 ~ 0 0 0 0 0;0 0 0 ~ 0 ooooooooooooooo8 . 88888888:88888~°°8! = dbddd~dddddiddddd ddddd~ddd~ddddo~ o:ooooioooooooooo8i88 88'°°o°0o°o°°°°°0oiooooooooooooooo = d'dddd~dd~ddddo · ~Z' ._ ~ ~ I= :~,~ ~ - ~ 0 0 0000000000 000 O0 c oooooooooo ooo ~ o ~ ~ooo~oooo ooo ~ OCT 2 8 2003 O. 0 AGENDA~TEM_-, OCT 2 8 2003 t~ t,-. ~o {.0 · m~3Q '"~, 'AGENDA.~ITEM ~ iqo. /! r~/:5 ' OCT 2 8 2003 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF A FEE SIMPLE INTEREST IN THE PROPOSED RIGHT-OF-WAY AND/OR STORMWATER RETENTION AND TREATMENT POND SITES, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO RATTLESNAKE HAMMOCK ROAD (CR-864) FROM POLLY AVENUE TO COLLIER BOULEVARD (CR 951). (CAPITAL IMPROVEMENT ELEMENT NO. 77, PROJECT NO. 60169). ESTIMATED FISCAL IMPACT: $2,230,000. OBJECTIVE: To adopt a Resolution authorizing the acquisition by gift or purchase of a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites as well as other easement interests which may be necessary for the Rattlesnake Hammock Road four- lane improvement project from Polly Avenue to Collier Boulevard (CR 951) (Project No. 60169). CONSIDERATIONS: Widen the existing two-lane rural roadway to a four-lane urban section from Polly Avenue to Collier Boulevard (CR 951), a distance of approximately two miles. The four-lane roadway will be constructed in a six-lane configuration, allowing for curb, sidewalk and street lighting to be provided at this time in their ultimate location and allowing the future two lanes to be inserted in the median. The expansion of Rattlesnake Hammock Road requires the acquisition of additional right-of-way. The Board of County Commissioners has been advised through MPO meetings, and numerous other public meetings concerning the Five Year Transportation Work Program and the Capital Improvement Element of the County's Comprehensive Plan, of the typical roadway sections considered by its professional engineering staff and consultants, of the environmental impacts, of the public health, safety and welfare considerations, and of the long-range planning implications posed by the project. Public Information Meetings were held on May 19, 2003 and August 27, 2003 to inform the public of project details and to receive feedback from the public regarding the project. The Board has determined that additional right-of-way must be acquired within the project limits as indicated on the Rattlesnake Hammock Road Corridor Map, which is attached to the Gift and Purchase Resolution. ~%~%'~ISCAL IMPACT: In the event that condemnation can be avoided, and all of the proposed right- "~ of-Tay ~"~ ~"~'~rchased through negotiated settlements, at or near market value for the property required, the total project expenditures are estimated to be $2,230,000. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee funds. Source of funds are gas tax and road impact fees. 2003 At such time as it becomes necessary to condemn any right-of-way which cannot be secured through Purchase Agreements, whether because of irreconcilable disagreement over the amount of full compensation, or because of any incurable title defects that only the courts may resolve, staff will advise the Board of the estimated fiscal impact of all such condemnation actions. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the four-lane improvements to Rattlesnake Hammock Road (Project No. 60169) is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. SUBMITTED B ~' Lorraine Lan?,,/Right-of-~C¢.ay Coordinator Tra~o~n,~~ng & Co.~uction Management Department REVIEWED BY: ~~~~¢ '~ DATE: Transpodation Engi~ering & Construction Management Depadment 'Gaw P~aansuu, P.E., Senior Project Manager Tra~o at~n Epgi~ering & Construction Management Depadmen~ REVIEWEDBY~ ~t' ~~' DATE: ~ Gre~g ~ Strakaluse, P.E., Director Trans d~ti~ E~ri~& Construction Management Depa~ment No E. Fed~r, AI~P, Administrator Trans ~odation Division AGENI3A ITEM 0CT 2 8 }1003 RESOLUTION NO. 2003- A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF A FEE SIMPLE INTEREST IN THE PROPOSED RIGHT-OF-WAY AND/OR STORMWATER RETENTION AND TREATMENT POND SITES, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE ANT) UTILITY EASEMENTS. AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQU1RED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UT1LITY IMPROVEMENTS TO RATTLESNAKE HAMMOCK ROAD FROM POLLY AVENUE TO COLLIER BOULEVARD (CR 951). (CAPITAL IMPROVEMENT ELEMENT NO. 77, PROJECT NO. 60109). WHEREAS. the Board of County Commissioners (Board), on November 19, 2002, adopted Ordinance No. 2002-60 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS. the Transportation Element of the County's Comprehensive Plan x~ as adopted in Ordinance No. 2002-60; and WHEREAS. the four lane section of Rattlesnake Hammock Road from Polly Avenue to Collier Boulevatd [CR 951) (Project No. 60169) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensix. e Plan; and WHEREAS. the construction of the transportation improvements and related £acitities cun-ently being de.4igned by Agnoli. Barber & Brunduge along the project corridor, as depicted on Exhibit "A," are neccssa~ 5 m order to protect the health, safety and welfare of the citizens of Collier County, and v~ ill assist Collier Count} in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, IHEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the expansion of Rattlesnake Hammock Road from two lanes to four lanes between Polly Avenue and Collier Boulevard (CR 951) (hereinafter referred to as "Project") is necessary and is in the best interest of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. AGE--NOA ITEM OCT 2 8 2003 Pg. 3 3. It is necessary and m the best interest of Collicr County for the Board to acquire a fee simple interest in the proposed right-of-x~ r.y and'or stonnwater retention and treatment pond sites, as well as perpetual, non-exclusive road rigi~t-of-way, drainage and utility easements, and temporary construction easements, and temporary drivcwa:,.' rcstoralion easements within the projcc! corridor identified on Exhibit "A;" and County Staff is hereby authori;ted and directed to acquire said right-of-way and associated easement interests by gift or purchase. 4. The Board hereby directs slaffm use independent appraisal repons or internal compensation estimates as staffdetennines is necessary to bes~ smwe the needs of the Project in a timely and cost- effective manner. 5. The Board, in accordance wHh :.he provisions of Section 125.355, Florida Statutes, hereby formally waives the requiremenl for a formal, independent appraisal report for the purchase of a properly where the purchase price of the parcel tthe compensation due to the properly owner) is less than One Hundred Thousand and 00 I00 Dollars (S100,000.00). In lieu of the independent appraisal report, stuff is herebx authorized to make purchase offers for the properties, the dollar amounls of which shall be predicated on "staffcompensation eslimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and t~pon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 6. Upon the approval by the County Attorney's Office of all documents necessary for the subject propcrt.x :~cquisition. Transporqation Dixision st:)t-f is hcreby directed to ofi'er immediate deli'~ery to the respective property owners of compet'~satJon fas established by the appraisal or staffcompensation esnmates in accordatscc v, ith tine prox isions of Section 125.355, Florida Slatutes), in return for the immediate and proper execution oflhe respecnve easements, or other legal documents and/or affidavits as the County Auorney's Office deems appropriate in order to protect the iuterests of the County; aad the Board hereb3 authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 7. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project Manager of his designation, is hereby delegated the authority to approve the purchase of land interests above the staffcompensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the -Page 2- OCT 2 8 2003 parcel being acquired, only when thc diffcrc~ce bcmecn tile purchase price and compensation cstimate or appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or thc current mrchasmg limits established by thc Collier ('ounty Purchasing Department; provided, Proiect funding is available. 8. That the settlement approval au~horiU is delegated by the Board to thc extent that such approvals do not conflict wilh the provisions of Section i25.355, Florida Statutes. 9 Tile Chairman of the Board is i~ercby amhorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights 1o the County at its appraised value or at that amount considered :he "Administrative Settlement Amount" as such term is imemally tlsed by the administrative agencies of ('oilier Count)'. 10. \Vhcre the propert)' owner agrees, Ihrot:gh the execution o£a "Purchase Agreement" or "Easement Agreement." to convey a necessaT interest in real property to the County. and upon the proper execution by lhe property oxx ncr ol'thosc casements or such other legal documents ;.is the Office of the County Attorney may require, the Boa:'d i~creby authorizes the Finance Department to issue warrants, payable to the prope~%' o,,vner~,s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon3 the appraisal or staff compensation estimate m accordan:.c xxith tllis Resolt~tion and thc provisicv~s of Section 125.355, Florida Statutes I 1. Ail title to properties or interests in properties xxhich have been obtained m the manner described aboxc shall be deemed "::cceptcd" !~x ,he Board of County Conlmissioners, :ts the governing body of Collier County, Florida. a poi:Ileal subdSvision of the Stale of Florida, and as such. staffis hercb.,, authorized to record in the l'uhlic Rcco"cis of Collier County, Florida. deeds, easemems or other instrunlems as may be required 'to ~ emox u tl~ lien of an? encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on :1~i5 ___ day of .2003, slier motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Clerk Approved as to form and legal sufficiencI,: Heidi F. Asht& Assistan! County Attorney BO.~>,~D OF COUNTY COMMISSIONERS OF COLLIER COLrNTY, FLORIDA TOM HENNING, CHAIPOdAN -Page EXHIBIT "A" RATTLESNAKE HAMMOCK ROAD CORRIDOR MAP (FROM POLLY AVENUE TO COLLIER BOULEVARD) POLLY AVE. (RIGHT-OF-WAY ACQUISITION CORRIDOR WITHIN BOLD BOUNDARY) RATTLESNAKE HAMMOCK ROAD ST ANDREWS BLVD. LELY GRAND BLVD. North COLLIER BOULEVARD EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF A FEE SIMPLE INTEREST IN THE PROPOSED RIGHT-OF-WAY AND/OR STORMWATER RETENTION AND TREATMENT POND SITES, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO COLLIER BOULEVARD (CR-951) FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD. (CAPITAL IMPROVEMENT ELEMENT NO. 37, PROJECT NO. 65061). ESTIMATED FISCAL IMPACT: $4,558,540. OBJECTIVE: To adopt a Resolution authorizing the acquisition by gift or purchase of a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites as well as other easement interests which may be necessary for the Collier Boulevard six-lane improvement project from Golden Gate Boulevard to Immokalee Road (Project No. 65061 ). CONSIDERATIONS: The six-laning of Collier Boulevard between Golden Gate Boulevard and Immokalee Road will require the acquisition of additional right-of-way, and will also require the acquisition of land for the construction of stormwater retention and treatment ponds. A cost- benefit analysis was conducted to determine whether the canal running to the east of Collier Boulevard could be relocated in order to minimize the extent of the right-of-way required along the west side of the existing right-of-way for the six-laning improvements. In view of the costs associated with the actual relocation of the canal, and the conflicts with both existing and proposed Florida Power and Light Company transmission and distribution facilities, and the fact that the maximum roadway deflection is 1 foot in every 50 feet, it was impossible to avoid substantial impacts to the improved properties along the east side of the road. The Board of County Commissioners has been advised through MPO meetings, and numerous other public meetings concerning the Five Year Transportation Work Program and the Capital Improvement Element of the County's Comprehensive Plan, of the typical roadway sections considered by its professional engineering staff and consultants, of the environmental impacts, of the public health, safety and welfare considerations, and of the long-range planning implications posed by the project. A Public Information Meeting was held on May 14, 2003 to inform the public of project details and to receive feedback from the public regarding the project. The Board has determined that additional right-of-way and stormwater retention and treatment pond sites must be acquired within the project limits as indicated on the Collier Boulevard Corridor Map, which is attached to the Gift and Purchase Resolution. .~ISCAL IMPACT: In the event that condemnation can be avoided, and all of the pond sites and all ~'~ ~'r~~'ight-of-way can be purchased through negotiated settlements, at or near market value for the property required, the. total right-of-way cost is estimated to be $4,558,540. All such payments will come from the Transportation Supported Gas Tax fund and the Roa.d.._lmPsct Fee funds. Source of funds are gas tax and road impact fees. AGEND~ !TEM OCT 2 8 2003 GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the six-lane improvements to Collier Boulevard (Project No. 65061) is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Sum SUBMITTED BY:-~JJJ/~-..-/"'~¢'""% .. DATE: /0 ~__e~/T~'i'en~r~s, Right-~f~W~quisition Manager Transpod~on~n~ering & Construction Management Depadment REVIEWED BY: ~~~'.~ ....... DATE: /z---~'~ -~-~ Gaw Putaansuu, P.E., Semor Project Manage Trans~dati~in~ering & Construction Management Depa~ment/ Gr%gg'~/~t~akalp~e, P.E., Director Tra~D~tion ~%g & Construction Management DepaCm~nt APPROVED ~o~J~FoOer, AICP, Administrator ~AT[: Tra~dmiyn Division AGF,.NDiA !TEM OCT tO03 EXHIBIT "A" COLLIER BOULEVARD CORRIDOR MAP (FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD) IMMOKALEE ROAD { I VANDERBILT BEACH ROAD EN ~ GATE BLVD. (RIGHT-OF-WAY ACQUISITION CORRIDOR WITHIN BOLD BOUNDARY) NORTH COLLIER BOULEVARD OCT 2 8 2003 RESOLUTION NO. 2003- A RESOLUTION AUTHORIZING TIlE ACQUISITION BY GIFT OR PURCHASE OF A FEE SIMPLE INTEREST IN THE PROPOSED RIGHT-OF-WAY AND/OR STORMWATER RETENTION AND TREATMENT POND SITES, AS WELL AS PERPETUAL. NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS. .ANT) TEMPORARY DRIVEWAY RESTORATION EASEMENTS. AND TEMPORARY .CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO COLLiER BOL-LEVARD (CR-951) FROM GOLDEN GATE BOULEVARD TO LMMOKALEE ROAD. (CAPITAL IMPROVEMENT ELEMENT NO. 37, PROJECT NO. 65061 ). WHEREAS. :he Board of County Commissioners (Board), on November 19. 2002, adopted Ordinance No. 2(102-60 thcreH~ establishing the Cap,Iai Improvement Element of the Growth Management Plan in order to estabiish pnornies for the design, acquisition and construction of the various capital improx cmcnt pro3ects: and \VHEREAS. the Tran>portanon Element of the County's Comprehensix e Plan was adopted in Ordinance .No. ;002-60: and WHEREAS. :he six-lane section of Collier Boule;'ard from Golden Gate Boulevard to Immokalee Road lProiec: No. 65001 ) is one of the capital improvement pro)ects required under the Transportation Element of 1he Count;'s Comprenensixe Plan: and \VHEREAS. ~b,c construction of the u'a..'~sportat~on improvements and relaled 'facilities cur~-ently being designed bx CH2MttilI. inc.. along the projec~ con'idor, as depicted on Exhibit "A," are necessarx m o: der :o protect ibc heah}7, safe~x al~d v. elf are of the citizens of Collier Count.`.', and ,.',ill assist Collier Count\ m meeting ce:'tam concarrcnc.,, requirements of the Oro'~ th .Management Plan for Collier Coumv. NOW, TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the expansion of Collier Boulevard from two lanes to six lanes between Golden Gate Boule\ ard and Immokalee Road is necessary and is in the best interest of Collier County. 2. The construction and mmmcnance of the transportatmn improvements and related facilities are compatible with thc long range plar, ning goals and o(lectives of the Growth Management Plan for Collier County. 3. Il 1S necessary and in the best interest of Collier Count>, for the Board to acquire a fee simple interest in the proposed right-of-wt.? an&~or stormwuter retention and treatment pond sites, as vvcll as -~petuu}. non-cxclusix e road right-of-way, drmnage and utility eusements, and temp(u'ur} construction easements, und temporary drivex~ av restoration easements within the project corridor idenlified on Exhibit ".~,;" and County Stuff is hereby authorized and directed to acquire said right-of-v, ay and associated easement interests by gi:'t or purchuse. 4. The Board hereby directs staff to use independent appraisal repons or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost- effective munncr. 5. The Board. in accordance ,,~ ittn tine pr{~x isions of Section 125.355, Florida Statutes. hereby formally waives the requirement fc, r a formal, independent appraisal report l~.~r the purchase of a property x'~here the purchase price of the parcel tthe compensation due to tine property owner) is less than One Hundred Thousand and 0!)/i00 Dollars (S 100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of · a hich shall be predicated on "staff compensation estimates" b,'~sed upon independent appraisals (and the data ti~erefnm~) obtained on similar prope~-tics and upon consideration and application of appropriate market xulue and cost *.X:tu pertinent to the subject parcels. Upon the approval by the County Anorne.` 's Office of all documents necessary for the subject propert} acqms~lion. Tran.~portatio;~ Din ision ,;lair is hereby directed to offer dnmcdi:lte delixcry to the respectix e property or, nets of compensanon, as established bv the appr:fisal or -;tail compensation estimates m accordance with tine prox isions oi Se,_tion 125.355, Florida Statutes }. m return for tile ~mmediute and proper execution of tb.c respectix e easements, or other legal documents and/or affidavits as the County Attorney's Office deems appropri~te in order to protect the interests of the County; and the Boa~-d hereby authorizes its present Chairman and an}, subsequent Chairman, for the life of Project, to execute any instruments which have been approved by the Office of lhe County Anomey, to remove the lien of any encumbrance and for any such other purpose as ma5' b: required. 7. In those instances where negotiated settlements may be obtained ,,'ia lhe "Purchase Agreement" or "Easement Agreement" mechanism, the Admin!strator of the Transportation Division, or any Project Manager of his designation, is hereby delegated the autho~dty to approve the purchase of land interests above the stuff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the -Page 2- AG F_N'"'~'"'""---D ~ ~TF_.M Off[ 2 2003 parcel being acquired, only when the difference between fl~e purchase price and compensation estimate or appraised value is Jess than Twenty-Five Tho,.~sand and 00/100 Dollars ($25.000.00) or ~hc cun'en~ purchasing limits established bF thc Collier Co~mly Purchasing Department: provided, Project funding is available. That ~he settlement approx al amhon~¥ is delegatcd~y thc Board ~o the eMen~ ~hat such approvals do noi conflict wilh ~he provisions of Section 125.355, Florida Stmmes. 9. The Chairman of ~he Board is hereby amhorized ~o execmc Easemenl Agreemenls and Purchase Agreemems ~ here ~he land owner has agreed ~o sell ~he required land rights ~o II~e Countx at ils appraised ~alue or ~t an amoum auLhorizcd hc:-em. 10. Where tl~c propcr~y owner agrees. ~hrou~h ~l~e cxecmion of a "Purchase A~memenC or "Easemenl .Agreement." to convey a nccessar~ mtercsl in rca] propc~y to the County. and upon the proper execution bx the property owner of tho=e casements or such other legal documents as the Office of lhe County Auomey ma} require, thc Board t;crebx authorizes the Finance Depanmem to issue ~awanls. payable to the property o~vner~s) of record, in those amounts as sha~l be specified on a closing statement und which shaI] be based upon the appraisal or staff compensation estimate m accordance ,xilh this Resolution and the prox tsions t,f Section 125.355. Florida Slatules. 11. All ~tle ti, p~operties or interests in propcmes x~ hich haxe been obtained in thc maturer described abo~e shall be deemed "itcccpted' bx :he Board of Courtly Commissioners. as thc goxcrning body of Col}ier County, FIolnda, a political subdivision of the State of Flor'ida. and as such. slafl ~s hereby autho~szed ~o record in the Public Records of Collier County, Florida. deeds, easements or other instruments as ~qa} be required to remove thc lien o~ an> encumbrance from the acqtmed prt,pemcs. THIS RESOLUTION ADOPTED on tk~s d:~x of .2003. afler motion. second and majority vote. ATTEST: DWIGHT E. BROCK. CLERK By: Clerk BOARD OF COUNTY CO~'EvlISSIONERS OF COLLIER COUNTY, FLORIDA TONI HENNING, CHAIRMAN Approved as to form and le~sufficiencv:., Ellen T. Chudv,'ell Assistant County Attorney Page 3- u TEU 0CT 2 8 2003 EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3559 "CONSULTANT SERVICES FOR THE UPDATE OF THE COLLIER COUNTY COMPREHENSIVE PATHWAY PLAN" OBJECTIVE: To receive Board approval of Committee's ranking of firms for consultant services to assist the Traffic Operations and Alternative Transportation Modes Department in a major update of it's Comprehensive Pathway Plan, and authorization to begin contract negotiations for subsequent Board approval of contract. CONSIDERATIONS: The Collier County Metropolitan Planning Organization's (MPO) Comprehensive Pathway Plan was adopted in 1994. That plan established goals and objectives for safe and efficient bicycle and pedestrian travel as well as a list of prioritized pedestrian and bicycle improvement projects. That plan is a working tool that has been effectively incorporated into the MPO project prioritization process. To facilitate an update to this plan, a Request for Proposal was issued. The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on August 6, 2003. Notices were sent to eighty-six (86) firms and responses were received from five (5) firms by the due date of August 29, 2003. A Selection Committee meeting was held on September 16. 2003, and after review, scoring and discussion of the proposals, by consensus of the members, the firm.' were selected for the short list as follows. 1. Sprinkle Consulting 2. Johnson Engineering 3. Renaissance Planning Group With Board approval, negotiations will commence with the top ranked firm. FISCAL IMPACT: There is no fiscal impact associated with approving the ranking of these firms. Federal Planning (PL) funds have been allocated in the MPO's Unified Planning Work Program (UPWP) for conducting this Update. 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 Committee's selection of firms. (2) Authorize staff to begin Contract negotiations with the top ranked firm in the order of their ranking. OCT 2 8 2003 SUBMITTED BY: APPROVED B~ APPROVED BY: APPROVED BY: APPROVED BY: Tom 1 er Traffic O~erations and Alternative Transportation Modes Diane Flagg, Director/7' Traffic 9perr~tior~aqt{ Ahemative Transportation Modes _ ~~.(~.J~_ Date: /Ol"t.-O"~ Jp/h~ l~imba~ugh, Director C~ollier County Metropolitan Planning Organization (MPO) S~z; ~ t o r (5~'~/5'-~/;.~/'~~''' [)ate: Purchasink/Genera[ Setw'ices / /.., / Z:--4- / ~ '" ..... ' : 7 Norm F~der, Administrator TranspOrtation Services Division AGENb/'-, OCT 2 8 2003 EXECUTIVE SUMMARY APPROVE AN INCREASE OF CONTINGENCY FUNDS FROM THE CURRENT 5% UP TO THE MAXIMUM 10% FOR THE GOODLETTE FRANK ROAD IMPROVEMENT PROJECT, FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD, PROJECT NO. 60134, BID NO. 02-3424. OBJECTIVE: To receive Board approval of a $600,000 increase to be added to the Goodlettc-Frank Road improvement project for contingency purposes only. CONSIDERATION: On October 22, 2002, the Board of County Commissioners approved a $12,495,051.66 construction contract with Ajax Paving Industries, Inc. to improve Goodlette Frank Road and underlying utilities. The approval included the contractor's construction costs along with only a 5-percent contingency ($600,000). At this time, the Contractor is 37% complete with all work associated with the project. At this time, staff is approaching the limits of the existing contingency due to mostly unpredictable sub-surface (underground) conditions requiring adjustments during construction. These adjustments were indeed critical to the timely completion of the project while minimizing the risk to public health and safety. Staff is requesting approval of a budget amendment for an additional 5-percent contingency amount of $600,000 for any further modifications necessary to complete the work and to avoid public health and safety issues. This increase is for contingency purposes only. Staff is continuing to tbllow all of the Purchasing procedures and guideli[,,es that are in place to insure accountability and consistency with processes established to satist~ the Clerk of Courts. Any potential future change order for this project that exceeds 10-percent of the construction costs will be presented by this Department as an individual item to your Board lbr approval and shall be consistent with the contractor's existing scope of work. ~-~x,-FISCAL IMPACT: Funds in the amount of $600,000 are available in the Transportation Supported Gas Tax Fund to pay for the road portion of this project, subject to the adoption of the FY 04 Gas Tax Revenue Bonds.. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 65) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve this request for an increase of $600,000 for contingency purposes for the construction of the proposed Goodlette Frank Road project, Bid No.02-3424. AG,ENDJ~ ~TEM ~iO. __ IL~.~_.~.._' 0ET 2 8 2003 £~/nn'R. Tff. orpe, P.E., Principal Proj · Manager Gregg R. Strak-aluse, P.E., Director. 'r.E. & C.MD. APPROVED BY: . ~ ' Steve Cam~ll,~Director '/ Purchasingf]3enemi Se~ices Norman I~. Feder, AI(~P~ Administrator ansportation Division DATE: DATE: i OCT 2 8 2003 EXECUTIVE SUMMARY REQUEST THE BOARD APPROVE A RESOLUTION IMPLEMENTING CERTAIN PROCEDURES AND GUIDELINES TO STANDARDIZE TRAFFIC IMPACT STUDIES (TIS). OBJECTIVE: To standardize the methodology and reporting format for the presentation of TlS documents with the goal of assuring complete and accurale TIS that are reliable tbr future monitoring and review of project traffic. CONSIDERATIONS: A TIS is required as a condition of approval for zoning changes, some site plan approvals and, on occasion, for conditional uses and other zoning-related issues. The effect of the TIS is to quantity the existing traffic conditions in the area potentially affected by the proposed rezoning or development project, to examine the effects of the proposed project on the roadway network in that area, and to provide a strategy lbr mitigation of those effects. Typically, local and out-of-town engineering and planning firms provide TIS's in support of development proposals. Over time it has become apparent that the quality and format of the data presented, the findings based on that data. and the conclusions reached in the report vary depending upon the preparer's experience, whether the preparer has made prior submiss~,ns to Collier County, and tbr out-of-town preparers, what the prevailing practice is in their local area. Staffhas assembled a number of TIS's and bas researched the generally accepted practices of other jurisdictions in Southwest and Central Florida. Based on this research and based on a compilation of features from representative TIS's presented to the county over the past several years, staff has developed the attached "Procedures and Guidelines for Traffic Impact Studies" (Attachment No. 2) for use by both internal and external parties when preparing a TIS. The major features of this document are: A requirement that the TIS be signed and sealed by a Professional Engineer registered in the State of Florida A requirement that the developer, or his representative, attend a methodology meeting with county staff [o assure that the engineer preparing the TIS knows what will be expected and to answer any questions the developer may have about the TIS requirements Codification of the "Warrants" for determining how detailed a TIS may be required for any given project · Inclusion of the Collier County concurrency management requirements as part of the TIS analysis -- ·Standardization of the reporting format Executive Summary Resolution to adopt TIS Guidelines Page 2 of 2 · Appendices providing up-to-date data and other information for the use of the preparer to assure consistency with other county standards and requirements The draft document has been reviewed both internally and by almost two-dozen external engineering and planning finns, local and out of town. Based on the feedback received by staff, this standardization was well received and supported by those who will be using the format. A Resolution (Attachment No. 1) has been prepared implementing the use of this document. ',.'X'~ISCAL~ . IMPACT: There ~s no fiscal. .impact to the County. This information is already reqmred and the proposed standardization should lower costs for the using public as well. GROWTH MANAGEMENT IMPACT: A TIS is required by the LDC for several zoning and site development processes. This document will provide a more uniform method of preparing the required TIS. RECOMMENDATION: That the Board approve the attached Resolution implementing the Procedures and Guidelines for Traffic/I/~pact S/tudies. d am 3. xant,~%~-r'ranspo~at~on Operations Director /,, / REVIEW'ED BY .... ' ,'~ ,, ' ' /'- ' ' - · Donald S~tt, AICP, Transpo~ation Planning D~-~°~ APPROVED BY: / ~',9'~)" ~ Date: No'an eder, AI~, Transportation Adm,mdrator / Attachments: No. 1 - Draft Resolution No. 2 - Draft TIS guidelines RESOLUTION NO. 2003- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, TO ADOPT STANDARD TRAFFIC IMPACT STATEMENT GUIDELINES FOR COLLIER COUNTY. WHEREAS, the Collier County Land Development Code (LDC) requires that roadways be planned and constructed so as to provide adequate public facilities; and WHEREAS. there are numerous references within the LDC referring to minimum requirements for roadways and streets; and WHEREAS, the Transportation Services Division Development Review Section is charged with assuring that all proposed new development will adequately address the roadway needs of Collier County; and WHEREAS. the establishment of a standard format, along with defined criteria, for the preparation of a Traffic hnpact Statement is in the public interest. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the Procedures and Guidelines for Traffic hnpact Studies set forth in Exhibit "A", attached hereto and made a part hereof, is hereby authorized for implementation and shall be used for the preparation of all Traffic hnpact Statement's required by the LDC. This Resolution adopted after motion, second, and majority vote favoring same, this ~ day of .2003. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA By: By: Deputy Clerk Tom Henning, Chairman ApproVed adtd~.brm and legal suffic' ,y: ,.,/_' ~t_x~_.._..~7~ Jeff~itzkow' Assista{~t C4[~ty Attorney 1 ATTACHMENT NO. / l PAGE: / O~ / AGIENDb, !T~M OCT 2 8 2003 Collier County Transportation Operations Development Review Department DRAFT PROCEDURES AND GUIDELINES FOR TRAFFIC IMPACT STUDIES Created 2/11/2003 Revised 9/30/2003 ^TTACHMEN'f NO. [ P^6E: I OF' TABLE OF CONTENTS CHAPTER 1 ................................................................................................................................................ 4 INTRODUCTION .................................................................................................................................... PUP_POSE OF THIS GUIDE .................................................................................................................... CHAPTER 2 ................................................................................................................................................ $ APPLICANT AND REVIEWER QUALIEICA]IONS ........................................................................... 5 I~VIEWER QUALIFICATIONS ....................................................................................................... REFERANCES ..................................................................................................................................... 5 ETHICS AND OBJECTIVITY ............................................................................................................ CHAPTER 3 ................................................................................................................................................ 6 STUDY PROCEDURE ............................................................................................................................ 6 Figure 3.1. Flow'chart Showing the Traffic Impact Study Procedure ................................................... 7 CHAPTER 4 ................................................................................................................................................ 8 PRELIMINARY NOTIFICATION .......................................................................................................... 8 PRELIMINARY WARRANT .............................................................................................................. 8 CHAPTER 5 ................................................................................................................................................ 9 INITIAL MEETING ................................................................................................................................. 9 STUDY AREA ..................................................................................................................................... 9 ttORIZON YEARS .............................................................................................................................. 9 TIME PERIODS TO BE ANALYZED ............................................................................................. 10 DISCUSSION CHECKLIST ............................... . ........... 10 MEMORANDUM OF UNDERSTANDING ..................................................................................... 10 STAFF CONCURRENCE ............................................................................................................ 10 CHAPTER 6 WARRANTS FOR A COMPLETE TIS Warrant 1. Land Use Intensity ............................................................................................................ 11 Warrant 2. Level-of-Service Warrant ................................................................................................. 11 Warrant 3. Roadway Modifications ........................... . .......... 11 Warrant 4. Special Cases .................................................................................... 11 CHAPTER 7 .............................................................................................................................................. 12 TRAFFIC OPERATIONS ANALYSIS .................................................................................................. 12 WARRANTS FOR TRAFFIC OPERATIONS ANALYSIS ............................................................. 12 CHAPTER 8 NON-SITE TRAFFIC ESTIMATE ........................................................................................................ 13 CHAPTER 9 TRIP GENERATION ............................................................................................................................. 14 ACCEPTABLE DATA SOURCES ................................................................................................... 14 MIXED-USE DEVELOPMENTS ..................................................................................................... 14 PASS-BY TRIPS ................................................................................................................................ 14 CHAPTER 10 TRIP DISTRIBUTION ........................................................................................................................... 15 CHAPTER 11 ...................................................................................................................... TRAFFIC ASSIGNMENT ............................................................................................... ~.....,'~ ...... I }PAGE: 2. OFF3'] l r'- CHAPTER 12 ............................................................................................................................................ 17 PASS-BY, PRIMARY, AND DIVERTED LINKED TRIPS .............................................................................. 17 CHAPTER 13 ............................................................................................................................................ 18 MIXED-USE DEVELOPMENTS/INTERNAL TRIPS ......................................................................... 18 CHAPTER 14 ............................................................................................................................................ 19 ANALYSIS ............................................................................................................................................. 19 CAPACITY ANALYSIS ................................................................................................................... 19 SAFETY ANALYSIS ........................................................................................................................ 20 ACCESS MANAGEMENT ............................................................................................................... 20 ON-SITE REVIEW ............................................................................................................................ 20 INTERNAL CIRCULATION ............................................................................................................ 21 NEIGHBORHOOD IMPACTS .......................................................................................................... 21 KEY POINTS CHECKLIST .............................................................................................................. 21 CHAPTER 15 ............................................................................................................................................ 23 CONCLUSIONS AND RECOMMENDATIONS ................................................................................. 23 RECOMMENDED PLAN OF ACTION ........................................................................................... 23 CHAPTER 16 ............................................................................................................................................ 24 THE REPORT ........................................................................................................................................ 24 REPORT FORMAT ................................................................................................................................ 24 CHAPTER 17 ............................................................................................................................................ 26 STAFF REVIEW ................................................................................................................................ 26 FORMAL REVIEW ........................................................................................................................... 26 REQUEST FOR REVISION ............................................................................................................. 26 APPENDIX A ............................................................................................................................................ 27 APPENDIX A- 1 ................................................................................................. '. .................................... 30 ANNUAL UPDATE INVENTORY REPORT. ................................................................................. 30 APPENDIX A-2 ...................................................................................................................................... 31 SAMPLE REPORT OUTLINE .......................................................................................................... 31 APPENDIX B ............................................................................................................................................. 34 TABLE DESIGN FORMATS ............................................................................................................ 34 IMPACTED SEGMENTS ........................................................................................................................ 34 APPENDIX BI ........................................................................................................................................... 35 TRANSPORTATION CONCURRENCY MANAGEMENT AND EXCEPTION AREAS ................. 35 Bounda~ Maps .................................................................................................................................. 3 5 CHAPTER 1 INTRODUCTION Traffic Impact Study is a specialized study of the impact that a given type and size of ne~v land use has on the nearby transportation system. The main purposes for preparing Traffic Impact Studies are: To ascertain the operational conditions on the adjacent roadway network when a proposed development is accommodated xvithin the existing transportation infrastructure along with other proposed developments. 2. To identify transportation improvements required to maintain the existing operational conditions. To determine whether access to the proposed development will hamper traffic operations and safety near the site. To provide decision makers with a basis for assessing the transportation implications of approving proposed zoning changes and development applications. To provide a basis for estimating the cost of proposed mitigating measures. Consequently, a traffic analysis can be used to determine the "fair share" of the improvement cost to be paid by the developer. PURPOSE OF THIS GUIDE This guide is intended to establish a standard methodology for conducting Traffic Impact Studies. This will result in a consistency with study requests, preparation and review. Such a sta.ndardized procedure xvill be beneficial to everyone involved in the development process. First and foremost, the guide xvill lead the applicant through a step-by-step procedure and enable him or her to present the study findings and recommendations in a systematic manner consistent with the reviewer's expectations. Second, it will enable reviewers to evaluate the study in a systematic manner. Finally, it will promote understanding and awareness of transportation-related issues among those involved in the development process. The guide is not intended to make things more complicated and time-consuming; on the contrary, as the assumptions and procedures become accepted practice, the time involved in the process will decrease for both parties. ^TTACHM/[=NI' NO. '~ [ CHAPTER 2 APPLICANT AND REVIEWER QUALIFICATIONS All Traffic Impact Studies are to be prepared by a Transportation Professional with training and experience in traffic engineering and transportation planning. It must be prepared by or under the supervision of a Professional Engineer registered in the State of Florida with experience in traffic engineering operations. The study should contain a statement of certification as follows: "I certify that this TRAFFIC IMPA CT STUD Y has been prepared by me or under my immediate supervision and that I have experience and training bt thefield of traffic and transportation engineering. (signed) John O. Smith, P.E. Florida Registration #12345 Consulting Firtn, Inc." REVIEWER QUALIFICATIONS The professional staff of Collier County Transportation Operations Development Review Department shall review all Traffic Impact Studies. For brevity, Collier County Transportation Operations Development Reviexv Department will hereinafter be referred to as CCTDR. ,S i{EFERANCES The Standard References to be used in conjunction with this guide are as follows: 1- Florida Department of Transportation, Manual on Uniform Traffic Studies. 2- Florida Department of Transportation, Site Impact Handbook. 3- Institute of Transportation Engineers, Traffic Engineering Handbook. 4- Institute of Transportation Engineers, Highway Capacity Manual. 5- Institute of Transportation Engineers, Trip Generation, Vol.1, 2,3. ETHICS AND OBJECTIVITY Although applicants and reviexvers might have different objectives and perspectives, they should adhere to established engineering ethics and conduct all analyses and reviews objectively and professionally. 2003 CHAPTER 3 STUDY PROCEDURE The Traffic Impact Study, hereinafter is to be referred to as TIS, should be considered in conjunction with an application for approval of any of the following: · zoning changes · subdivision/platting (where no zone change is associated) · site development plans (where no zone change is associated) · comprehensive plan amendments requested by the developer The proposed process of a Traffic Impact Study will consist of up to four steps, depending on the type of development under consideration. The different stages of a Traffic Impact Study procedure are discussed below. Step 1. A Preliminary Notification will be required of all developments meeting certain "Preliminary Warrants." This is presented in Chapter 4 of this guide. If the development's predictor variables exceed the preliminary threshold values, the developer must provide CCTDR with the information that comprises a "Preliminary Notification" (see Chapter 4) and request that an "Initial Meeting" with CCTDR be scheduled (see item 2 below). If the development under consideration does not exceed the preliminary warrants, no further action is required and the TIS procedure stops here. Step 2. At a mutually convenient time, representatives of the developer and CCTDR will hold the initial meeting. Based on additional information gathered since the preliminary notification, the two parties decide if a more detailed Traffic Impact Study is necessary. (See Chapters 5 and 6 for guidance.) From the findings of the preliminary study, it will be determined if warrants for a complete TIS are met (Chapter 6). If the warrants are met, then a detailed Traffic Impact Study (discussed in Chapters 8 through 15) will be required for the development. If the warrants are not satisfied, go to step 3 (below); otherwise go to step 4. Step 3. This step involves determining whether the warrants of a traffic operations analysis are met. If the warrants are met, then a traffic operations analysis must be conducted (Chapter 7). If the warrants for a traffic operations analysis are not met, the study procedure stops here. Otherxvise, go to step 4 (below). Step 4. This step involves the staff review (Chapter 16) of the traffic operations analysis or the Traffic Impact Study. If the analysis or study is satisfactory, the process stops here. Otherwise, the revisions suggested must be incorporated and sent back for further review. This is the final step in the study process. I^T~ACH~EmNO. ~ I 2003 Yes No Conduct Traffic operations analysis I StaffRe,'ie,vI No Traffic Impact Study Required Conduct Traffic impact study Yes Yes -- ] STOP !~ Figure 3.1. Flowchart Shmving the Traffic Impact Study Procedure .~ t~~ ,Jc~ 28 2003 mC, E: '/ O[ ;~ Pg' ~' CHAPTER 4 PRELIMINARY NOTIFICATION A Preliminary Notification to CCTDR will be required for all developments that meet the preliminary threshold values for Traffic Impact Studies. The preliminary notification must include: The type of development. · A complete site plan, with the site's access points and the nearest signalized intersection in each direction.~ · A market study (Trip Production/Attraction if applicable).2 · Trip generation values and the method(s) used to compute them. The preliminary notification need not be a detailed analysis of the present and future conditions. No elaborate data collection effort or computer modeling is necessary for the notification. It is intended to provide an approximate description of existing and anticipated traffic conditions and is intended to provide a foundation on which to base discussion during the initial meeting. PRELIMINARY WARRANT A Preliminary Notification xvill be required of' all developments that meet the "preliminary threshold values" or "warrants." The prdimina,-v warrants are as folloxvs: Land Use Type Residential ITE Coue 210,220,222,230,240.250,252 Retail 814,815,820 Office 710,720,770 Indus~ial 130,150.151 Threshold Values 99 Dwelling Units 5000 Square Feet 6000 Square Feet 15.000 Square Feet Educational 520,522,530 250 Students Lodging 310,320,330 100 Rooms Medical 610,630 15,000 Square Feet Special generators with high trip generation rates, such as Banks (both drive-in and walk- in), Fast Food Restaurants, and Service Stations with Convenience Stores, will require a Preliminary Notification regardless of size. For Planned Unit Developments (PUD) and for those development types discussed in the previous paragraph, the estimated trip generation rates must be determined using the latest edition of the ITE Trip Generation report. For developments that generate considerable truck traffic (i.e. Excavation Quarry, Land Fills), the truck trips should be converted to equivalent passenger vehicle trips. ~ For Comprehensive Plan Amendment Studies, a conceptual site plan with boundaries and appro~ate access points will be sufficient. " r ' ' · : ~'-~-~ ~ - A ma ket study apphes to developments that have already pedormed wade area analys~s. Examp[s mclu~ tohnst destinations and entertainment centers ' I .~, I I A~ACHMENT NO. I~A~:. S ~1 ~ , , CHAPTER 5 INITIAL MEETING (Methodology Development) If the values for a proposed development exceed the preliminary warrants, an initial meeting between the developer's representative and CCTDR personnel will be scheduled. Depending on the development and the type of information to be discussed at the meeting, the following CCTDR personnel may need to attend the initial meeting: 1. Director of Transportation Development Reviexv. 2. Transportation Review Engineer. 3. Concurrency Management Staff. 4. Development Engineer. For brevity, the developer's representative will hereinafter be referred to as the Traffic Impact Study "preparer" and the CCTDR staff responsible for reviewing the study will be referred to as the Traffic Impact Study "reviewer." The discussions in the initial meeting between the preparer and the reviewer ``vill be based on the information contained in the Preliminary' Noti fication. The initial meeting will serve the following purposes: To determine whether a detailed '" tffic Impact Study or traffic operations analysis is required for the propt d development. If further studies are required, the meeting will help the study preparer understand the reviewer's expectations. To discuss critical issues such as i, but not limited to) the extent of the study, the study area, the horizon years, thne periods to be analyzed, data sources and availability. To ensure that all relevant issues are adequately addressed in the Traffic Impact Study, and that no extraneous elements are included in the study. Ifa Traffic Impact Study is wan'anted (see Chapter 6), some of the issues that will need to be addressed in the initial meeting are discussed below. STUDY AREA Any Traffic Impact Study must include at least all site access points and major intersections adjacent to the site. The first signalized intersection on each street serving the site must also be analyzed, if it is within 1/2 mile or one cycle length of travel time of the site. Beyond this area, the proposed development's peak hour trip generation ,,,,'ill determine the area of study extent (See Distribution, Page 15). HORIZON YEARS The horizon/,,'ear of the TIS refers to the anticipated completion date of the propo edqe development assuming full build-out occupancy. [ ^TTAC Hi',t E NT NO. ':" J TIME PERIODS TO BE ANALYZED The critical time period for any development xvill be directly associated with the peaking characteristics of both the development and the adjacent roadway system. Special consideration will be given to developments like shopping centers, which might peak after the adjacent street peak or on a Saturday. The following time periods should be considered during the initial meeting: · AM and PM street peak (weekday) · AM and PM site peak (weekday) · Noon peak (weekday) · Site peak (weekend) DISCUSSION CHECKLIST A discussion checklist has been provided in Appendix A to aid both parties in recording information and comments. However, the discussions should not be restricted to the issues addressed in the checklist. Larger developments in densely developed areas will need more in- depth discussion, while smaller sites may not need discussion on many of the issues in the checklist. MEMORANDUM OF UNDERSTANDING Immediately after the initial meeting, the study preparer xvill submit a memorandum of understanding confirming the following: · Issues to be addressed in the study. · Study procedure · Assumptions · Data sources · Report content Other pertinent issues discussed in the initial meeting STAFF CONCURRENCE The reviewer will evaluate the contents of the memorandum. If all elements are agreed upon, staff'concurrence ~vill be communicated in writing to the study preparer within five (5) business days of receipt of the Memorandum of Understanding. If staff is not in concurrence with all elements of the MOU, this will be communicated in writing to thc study' prcparcr within five (5) business days. A~ACHMENT NO. ~ ] ' PAGE: l 0 OF 5 ~ ] 2003 CHAPTER 6 WARRANTS FOR A COMPLETE TIS A formal Traffic Impact Study will be required for any development that meets any one of the warrants described below: Warrant 1. Land Use Intensity This warrant is satisfied when a development will generate traffic volumes in excess of 1,000 ADT (average daily trips) or 100 vehicles per hour / peak season, whichever is more restrictive. Collier County Land Development Code (Section, 3.2.8.4.16.4). Warrant 2. Level-of-Service Warrant This warrant is satisfied if the traffic generated by the proposed development causes the level-of- service (LOS) of the adjacent streets/intersections to drop to a LOS "C" or lower, or where nearby intersections presently operate at level-of-service "D' or worse. LOS determination should be in accordance with the procedures described in the Highway Capacity Manual, using data contained in Collier County Annual Update and Inventory Report (AUIR) or approved by the reviewer. Warrant 3. Roadway Modifications This warrant is satisfied when the proposed development is expected to significantly3 impact a roadway segment identified for improvement in the Transportation 5 Year Work Program. This warrant is also satisfied when the proposed development includes modifications to the roadxvay system. Modifications include addition of lanes to accommodate site-generated traffic, addition of exclusive turning lanes, acceleration/deceleration lanes, median openings, installation of traffic signals and other traffic control devices, etc. Warrant 4. Special Cases This warrant is satisfied if the preliminary notification reveals that, in the opinion of CCTDR, the traffic generated from the proposed development will create safety or operational problems. The determination as to whether a development meets this warrant will be decided at the initial meeting. ~ Significant Impact is defined as the traffic impact on roadway sem~ents directly accessed project traffic ~s equal to or greater than three percent of the adopted LOS standard ser~cc AWA~Em N0. ' R ' CHAPTER 7 TRAFFIC OPERATIONS ANALYSIS A Traffic Operations Analysis is conducted whenever a proposed development may compromise existing design standards and therefore may cause safety and operational problems in the immediate vicinity of the site. A traffic operations analysis might include: 1. Study of proposed driveway locations, restdting sight distances, queuing provisions, etc.4 2. Safety analysis.4 3. Traffic signal warrants and progression analysis.4 4. Delay analysis.4 5. Gap studiesfi WARRANTS FOR TRAFFIC OPERATIONS ANALYSIS A Traffic Operations Analysis will be required if one or more of the following conditions is satisfied: A development generates sufficient turning move~nents into or out of the development to require an auxiliary lane, such as an acceleration/deceleration lane, roadway transition, or separate turn lane. (See Ordinance 2003-37 as it may be amended). Requests for new or modified driveways within 660 feet of intersections or interchanges. Requests or potential need for a new (or modified) traffic signal to control drivexvays or streets serving a proposed or existing development(s). Existing sight distance limitation, or high crash location near the site. Requests for new or revised median openings. 4 See FDOT Manual on Uniform Traffic Studies, ITE Traffic Engineering Handbook, PAGE:ATTACI~I~ENT--- NO. oF..~ ~: HCM and MTc .__L b Y'_ i0C1'282003 CHAPTER 8 NON-SITE TRAFFIC ESTIMATE For estimating the traffic impacts of a proposed development, it is essential to analyze the traffic conditions on the horizon year roadway network for two cases: (a) With the proposed development. (b) Without the proposed development. The incremental impacts are attributed to the site-generated traffic. For this analysis, a "base condition" must be established. The base condition corresponds to the traffic that would exist in the study area in the horizon year without the proposed development. This traffic is commonly referred to as non-site traffic. Non-site traffic may be of two kinds · Through traffic, which has neither an origin nor a destination in the study area · Traffic that has either an origin or a destination or both in the study area. This traffic is generated by other developments in the study area Non-site traffic will be estimated by one of five methods: 1. Manual Method. 2. Build-Up Method. 3. Gro~vth Factor Using Related Demo~aphic Characteristics. 4. Regression Analysis Techniques. 5. Collier County MPO Model. For detailed explanation of the above methods, see FDOT Site Impact Handbook, Unit III. ' ATTACHMENT NO. PACE: ] 3 OF ." CHAPTER 9 TRIP GENERATION Trip generation involves estimating the number of trips that ,,';'ill be produced from or attracted to the proposed development. This is one of the most important steps in Traffic Impact Studies. ACCEPTABLE DATA SOURCES Several sources and methods of obtaining trip generation data are available and may be used: 1. ITE TRIP GENERATION, Current Edition -- This report allows estimates of trip generation based on three different options; in order of preference: Graphic Plot. Regression Equations. Average Trip Rate for specific land use. The estimates obtained from this source must be used with good judgment as they are based on national data and would fail to take into accotmt any special features that the local subject site might have. An existing trip generation credit is ,.ziven to the property's prior use if in existence within five years of the TIS. Trip generation intbrrnation should be presented in the TIS as a Table in the format shown in Appendix B. 2. OTHER NATIONAL DATABASES -- -I'x~ o other possible sources for estimating trip generation are NCHRP 187 manual and The Dex clopment and Application of Trip Generation Rates. The former contains trip generation rates tbr it variety of land uses, mostly suburban. The latter is essentially an updated version of the l'ormer, xvith some statistical measures of variances of the data. 3. PRIOR STUDIES -- Data from prior studies made on a similar land use under similar conditions may also be used with permission fi'om the reviewer. 4. DATA COLLECTION -- If existing data are not available or are not a good representation of specialized characteristics that the site under consideration might have, a data collection effort must be conducted at siles that exhibit similar characteristics as the study site. This option must be reviewed and approved by the reviewer prior to any field data collection effort. MIXED-USE DEVELOPMENTS In case of mixed-use developments (PUD's), certain deductions may be made to the trip generation rate derived by adding the trip generation rates of the individual land uses to accommodate the possibility of internal trips. Mixed-use developments are discussed in Chapter 13 of this guide. PASS-BY TRIPS The methodology for handling pass-by trips is discussed in detail in Chapter 12 oftl' [ATTACHMENT NO.;~ s gume. Ocl 2 8 2003 CHAPTER 10 TRIP DISTRIBUTION After the trip generation estimates have been made, it is necessary to distribute these trips to make an assessment of the impacts of the proposed development. The outcome of the trip distribution method will be origin-destination data for generated trips. Trip distribution using the gravity model is encouraged either manually or by computer. In either case, the preparer must document the procedure properly. Collier County Metropolitan Planning Organizations (MPO) has data by zones that can be used. Other distribution procedures, such as intervening or attenuating opportunities are acceptable, but the specific methodology should be discussed with and agreed to by the CCTDR staff prior to usc in the TIS. Trip distribution by hand may be used for developments where the development will produce less than 500 peak hour trips. The procedure, whether manual or computerized, produces direction-of-approach information and reduction in site traffic at an increased distance from the site. Hence, the gravity model approach is useful ,,',,'hen it is necessary to evaluate the traffic impacts of developments on intersections at a certain distance from the site. This method, however, should be used for large projects and is required for analysis of Developments of Regional Impact (DRI). For small distances from the site, the estimates are too rough. The proposed project highest peak hour trip generation will determine the area the trip distribution is to be carried out, as follows: · Trips distributed on links directly' accessed by the project where the project traffic is equal to or exceeds 3% of the adopted peak hour LOS standard service volume. · Trips one links adjacent to the. links directly accessed by the project xvhere the project traffic is equal to or greater than 3%. · Trip on all subsequent connecting links where the project traffic is equal to or greater than 5% of the adopted peak hour service volume. The analysis must be carried out one link beyond the point where the project traffic drops below 5% of the peak hour adopted LOS service standard to determine whether project traffic becomes significant again due to a reduction in service volume on any subsequent links to a point where project traffic drops beloxv acceptable se.~,ice volume. A segment is identified in the AUIR, but also relates to where a roadway break is made by intersecting arterials or collectors (by fimctionally classified facilities). A table of the Roadway Segments, Corresponding Segment Numbers, Current Traffic Volumes, 3%, 5% of Existing Road Service Voluinc and Available Capacities is attached in Appendix Al. It will change monthly as project trips are added, existing traffic counts are updated and service volumes (capacities) are revised. If you v, ish to obtain an up-to-date electronic file of this list you may email your request to transplannin~(~'co!lier~ov.net. I ATTACHMENT NO 2- I I P,~OE: 1 5 07 ) 3 CHAPTER 11 TRAFFIC ASSIGNMENT Traffic assignment involves assigning the distributed trips to specific paths in the road network. Hence, the product of traffic assignment will be the total project-generated traffic by direction and by turning movements on the horizon year roadway network in the study area. Assignment should be made after taking into account logical routing, available roadway capacities and projected and perceived minimum travel times. Multiple paths should be assigned between origins and destivations rather than assigning all of the traffic to the route with the shortest travel time. The assignment may be done manually or by computer. Procedures for assigning site and non-site trips are the same. Project traffic for both the peak and off-peak direction must be indicated. Project trips must be indicated on both a map of the study area and in a Table Format (See Appendix B). ATTACHMENT NO. PAGE: ] 6 OF OCT 2 8 2003 CHAPTER 12 Pass-by, Primary, and Diverted Linked Trips Shopping centers and several other convenience-oriented land use types like banks, gas stations and fast food restaurants have trip characteristics different from other land use developments. A certain percentage of their trips are "captured" from the adjacent traffic stream. These trips already existed before the development. The type of trips generated by a site may be broken down into the following categories: · Pass-By Trips: Pass-By trips are made as intermediate stops from an origin to a primary trip destination without a route diversion. Pass-By trips are attracted from traffic passing the site on an adjacent street or roadway that offers direct access to the generator. * Non-Pass-By Trips: Non-Pass-By trips are simply all trips generated by a site that are not pass-by trips. This term is sometimes used vvhcn diverted linked trips are not tabulated separately from primary trips. * Primary Trips: Primary trips are trips made for the specific purpose of visiting the generator. The stop at the generator is the primary reason for the trip. The trip typically goes from origin to generator and then returns to the origin. For example, a home to shopping to home combination of trips is a primary trip set. · Diverted Linked Trips: Diverted linked trips are trips that are attracted from the traffic volume on roadways within the vicinity of the generator but that require a diversion from that roadway to another roadway to gain access to the site. These trips could travel on highways or freeways adjacent to a generator, but without access to the generator. Diverted linked trips add traffic to streets adjacent to a site, but may not add traffic to the area's major travel routes. Figure 12.1 shoxvs a schematic representing Pass-By, Primary' and Diverted Linked Trips. I origin I IOrigin/Destinati°n I I Or Trips Pass-By f ~' Linked Trips (via d 5,eway only) SITE Trips : [)ri V k' X*. il}' ~ Destination i Il)estin P^~F' --- .OF.5 5 2003 CHAPTER 13 MIXED-USE DEVELOPMENTS/INTERNAL TRIPS Mixed-use developments refer to activity centers that have a number of different land uses (PUD). In such cases it is often inappropriate to simply add up the trip generation rates of the individual land uses to determine the trip generation rate of the entire development. This is because some individuals will visit two or more destinations without leaving the site. Therefore, to estimate the trip generation rates of such developments, the number of internal trips has to be estimated and subtracted according to the following tbrmula: Trips m,~ed-use developmenls = Y'. [Trips ~nd~,~d~.:~ land ases] - internal trips In the absence of local or site-specific data, the percentages given in NCHRP Report 323 and the ITE Trip Generation Handbook may be used as a guideline for determining the percentage of internal trips. PAGE: l 8 OF ,, .... AGENDAiTEM, 2003 CHAPTER 14 ANALYSIS Several analyses are necessary to derive the study findings, recommendations and conclusions. The different analyses that might be required are: · Capacity. · Safety. · Access Management. · Traffic Control Needs. · Signal Progression. · On-site Circulation and Parking. · Neighborhood Impacts. For the horizon year, thc analysis should be performed for the critical time period for conditions with and without the proposed development. The incremental impacts can be attributed to the subject site. The analysis should not be ended until one of three conclusions has been reached: 1. The proposed development can be accommodated in the horizon year transportation infrastructure with no additional improvements. The proposed development can be accommodated in the horizon year transportation :~frastructure:~'onsistent with Collier County Policy and Operating Conditions subject to the recommended improvements/modifications. The area will operate below the accepted level of service even without the development. No further significant deterioration xvill result if the proposed development is accommodated with the recommended changes. CAPACITY ANALYSIS Capacity analysis will be performed at all proposed site access points and all intersections -- both signalized and unsignalized in the study area. CCTDR Staffmay also identify other critical and congested areas of the roadway network to be included in the analysis. Capacity analysis must be consistent ~vith the methods described in the 2000 edition of the Highway Capacity Manual (HCM). The latest version of the Highway Capacity Software (rev 4. lc) should be used for capacity analysis. Other software such as CorSim, Synchro are acceptable. Collier County has established two Transportation Concurrency Management Areas (TCMA) and a Transportation Concurrency Exception Area (TCEA) xvhich are innovative tools provided to local governments in Rule 9J-5.0055(6), F.A.C. to use in the daunting task of serving the often competing demands for roadway facilities, orderly land use planning and development. For detailed information, please refer to Collier County Growth Management Plan, Transportation Element and LDC Section 3.15. See Appendix B1 for the TCMA and TCEA boundary maps. AGEND,~ ~TEl~ I ATTAC, HMENT NO. :~' OCT 2 8 201!3 SAFETY ANALYSIS Safety analysis should include identification and recommendations about high accident locations, restricted sight distances, and pedestrian safety. The key elements are listed below: · Accident Experience. · Sight Distance. · Pedestrians and Bicycles Accommodations. ACCESS MANAGEMENT SITE ACCESS POINTS To satisfactorily provide site access and maintain acceptable operational conditions on streets adjacent to the site, Collier County Access Control Policy and Standard Principles must be followed, (Resolution No. 01-247). In case of multiple driveways at a site, transportation-related needs for more than one driveway must be demonstrated. Both street peak and site peak should be taken into consideration while analyzing the site access points. All site access points should conform to Collier County Standards for Construction in Public Right-Of-Way, (Ordinance No. 93-64). Provisions must be made for vehicular storage so as not to backup out into the adjacent public street. TRAFFIC CONTROL NEEDS Analysis should be carried out to determine xvhcthcr traffic control warrants are met. Such warrants may be warrants for traffic signals, stop signs or yield signs. The warrant analysis must be performed according to the Manual of Uni t'orm Traffic Control Devices (MUTCD). MEDIAN OPENINGS Ifa median opening is requested, a detailed analysis must be performed to determine ifa median opening would negatively affect the operating condition of the roadway. Consideration should be given to the following: · Warrants fbr a loft turn signal at the opening. Approach speed of the opposing vehicles. Gaps in opposing traffic. · Storage space at the median opening. · Queuing and delay to the vehicles. · Distance from the nearest intersection. · Spacing between median openings (Access Management Policy). ON-SITE REVIEW On-site review may not be necessary for a Traffic Impact Study. Determination of an on-site revie;v shall be discussed at the initial meeting and shall be at a mutuall, time and place between the preparer and CCTDR staff. ATTACHMENT NO. PAGE: 20 Of ;l~.~_n__eed for agreelt~ !TEM~ OCl 2 8 2003 INTERNAL CIRCULATION Internal circulation should provide access to all areas in a manner easily understandable to motorists. Internal roadways must be marked and signed in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). Consideration should be given to service and delivery vehicles and emergency vehicles in site design. NEIGHBORHOOD IMPACTS Neighborhood transportation impacts are primarily caused by site-generated traffic using neighborhood streets as short cuts for ingress and egress. This can impair pedestrian safety, air quality, community cohesion and, consequently, property values. Most neighborhoods are sensitive to this issue and hence an analysis should be conducted to estimate the neighborhood impacts of the proposed development and mitigating measures suggested. KEY POINTS CHECKLIST The following key points should be addressed in the analysis before preparing the final conclusions and recommendations: 1. Show all calculations. Show how all numbers/factors were obtained. This may be handwritten and placed in a separate appendix. 2. Show demographic inf qation and calculations. 3. Show how the development's drix ewav's cuter/exit percentages were obtained. 4. Draft plans to scale. Show measurements between all driveways (both existing and proposed), streets, etc. 5. Shoxv and label all driveways, streets !;~om and adjacent to the development on scale plans. Shoxv adjacent signalized intersections with measurements to the site. 6. Show the development's connections to existing signalized intersections, existing County and State roads and any local streets. 7. Note all references used, including page numbers, equations, table/figure numbers, etc. Note reference information in the repor~ at the point it is used. 8. Provide applicable pages/sentences from references used. 9. Use Highway Capacity Manual/Software t, current edition/version) for capacity studies. 10. From the development and along e?.: i s',ii~g County Arterial Roadways, assess the impact of the nexv traffic on operation of through streets. A computer-modeling program such as HCS or Synchro, which is pre-approved by CCTDR, must be used for Intersection Analysis. This should include entire acijacent signal systems, both xvith and ~Ih"B'~DA~!TEM¢.. proposed signal at the development, i iqo._ [ ( ~ ~ .'~ ATT^C MENT"O. ? < i OCT 2 8 2003 ?[GE: 21 OF ~ - 11. 12. 13. Perfom~ a gap analysis on a driveway where a signal is requested. Take into account adjacent signals. Gap analysis of other proposed drives onsite might be i-equested if deemed appropriate by CCTDR staff. Compute trip generation for signal warrants using initial development. (Do not include future expansions.) Compute trip generation for geometric changes (turn lane lengths, etc.) using ultimate build-out figures. Give dates for planned expansions. Show percent growth in volume used. 14. 15. 16. 17. 18. 19. 20. For the signal warrant analysis, justify the percentage of right-tums-on-red used. Provide preliminary signal timings for the proposed provisional traffic signal. If the proposed signal xvould be included in an existing traffic signal system, then the revised timings for the complete system shall be provided. If there are any major traffic generators nearby, collect data to demonstrate how they will affect the development. Show exact locations where counts were obtained. Explain how and xvhen counts were taken. Provide justifications for all drivex, :-V accesses requested. Provide copies of all raw data. Label all forms completely. Assure that copies are clear and legible. ATTACHMENT NO. ( ~; PAGE: ? 2 OF .t -~,GENDA iTEM 28 2003 CHAPTER 15 CONCLUSIONS AND RECOMMENDATIONS If the Traffic Impact Study reveals that the projected traffic volumes on the horizon year roadway network will operate in a safe and efficient manner at an acceptable level of service, then no project-related improvements are required. However. if deficiencies are indicated, mitigating measures will be required. These measures may include, but are not necessarily limited to: 1. Installation of traffic signals. 2. Installation of traffic control signs. 3. Addition of lanes. 4. Addition of deceleration lanes. 5. Restriction of turning movements. 6. Adjustment of cycle lengths. 7. Introduction of additional signal phases. However, if reasonable mitigating measures cannot be implemented to assure that traffic will operate in an efficient way, a more detailed evaluation of project size, land use types, and development phasing may be required. If viable transportation improvements cannot be recommended, then steps must be taken to reduce the tnp generation rate of the proposed development. Some possible approaches that may be adopted are: · Increased transit usage. · Car-pool/van-pool programs. · Congestion pricing. · Reduced parking or increased parking fees. · Staggered work schedules. Any Transportation Demand Management recommendations should take into account: 1. The timing of the short-range and long-range transportation system improvements that are already scheduled or anticipated. 2. 'Anticipated timing of adjacent developments. 3. Phasing of the subject development. 4. Right-of-way needs and availability. 5. County priorities for transportation improvement funding. 6. Cost-effectiveness of the proposed improvements. Note: For the TCMA and TCEA, please refer to the Collier County Growth Management Plan and LDC Section 3.15 along with Transportation Concurrency Management Staff. RECOMMENDED PLAN OF ACTION Implementation of recommendations should be presented as a "plan of action." This act.~io_.n p,l_an should recommend improvements; state why they are needed and when they are to implemented. IATTACHMENT NO. fy PAGE: 23 _~F:,¢ AGENDA..', T ~...~ OCl 2 8 2003 CHAPTER 16 THE REPORT The Traffic hnpact Study report should document the purpose, procedures, data sources, assumptions, findings, conclusions and recommendations of the study. It should be concise and complete. The report should be organized in a logical sequence and methodically take the reader through the entire process of the Traffic Impact Study. It should be kept in mind that the report, might be of interest to the elected officials and other non-technical people. Hence, clarity should be paramount. The report format presented below provides a uniform framework that will facilitate both the preparation and the review of the report. Any major departures fi'om this standard format must be agreed upon at the initial meeting and mentioned in the subsequent Memorandum of Understanding (see Chapter 5). REPORT FORMAT Report Cover and Title Page Table of Contents List all the major sections; tables and figures may be identified by letter or by number, according to the study preparer's preference. last of Exhibits Some of the typical exhibits that could be included in a Traffic hnpact Study are tabulated in Table 16.1. Because the exhibits actually needed will vary from study to study, list all the tables and figures included in the report by page number. Tables and figures may be identified by letter (as in Table 16.1 ) or by number, according to the study preparer's preference. Executive Summary Each Traffic Impact Study report should begin with an Executive Summary. It should be limited to a one-page or two-page document to facilitate examination by the CCTDR Staff. It should contain the salient features of the study and should summarize the study purpose, and its conclusions and recommendations. Reports of 10 pages or less do not require an Executive Summary. Prototype Report Outline A prototype report outline is given in Appendix A-2. It is intended to be a list of items for the preparer and reviewer to consider at the initial meeting. Many items may not apply to any particular proposed development, and need not be included in the report. It is also possible that items not listed in Appendix A-2 may be applicable to a particular site, as decided upon in the initial meeting. ! ATTACHMENT NO. PAGE: 24 OF i A ND^~TEM No.~ .... OCT 2 8 2003 Report Certification Traffic Impact Studies shall be certified by the preparer (see Chapter 2). Such certification shall state that the study has been conducted according to the methods described in this Guide. A report for any of the limited studies or traffic operational analyses should provide information in the first paragraph that the reviewer directed or agreed that only a limited study be conducted. PUBLIC RECORD Traffic Impact Study reports become public record upon submittal. Information provided in the study may be used for subsequent studies. Table 16.1 Typical Exhibits in a Detailed Traffic Impact Study ! TE3I ]7 TL E Site Location Figure A Figure B Existing Transportation Figure C Existing and Anticipated Land Use Figure D Current Traffic Volumes Figure E Existing Peak Hour Turning Volumes Figure F Anticipated Transportation Table A or Directional Figure G Distribution Table B Estimated Site Traffic Generation Figure H Site Traffic Table C Trip Generation of Non-Site Development Figure I Estimated Non-Site Traffic Figure J Estimated Total Horizon Year Traffic Figure K or Table D Figure L or Table E Level of Service (LOS) Recommended Improvements DESCRIPTION Area map showing site location and area of influence. Existing roadway system serving site. Should show system and all major & minor routes adjacent to the site. Map showing existing and anticipated land uses and developments in the study area. Most recent traffic volumes on roads in the study area. Current peak hour mrnmg volumes at each location critical to the study. Area transportation system map showing programmed and applicable roadways; improvements, including transit, bikeways and pedestrian ways; improvements affecting site access or traffic flow through the study area. Map or table showing the proportion of site traffic approaching and departing the area on each roadway. Analysis period site traffic generation by direction. Map of horizon year roadway network showing peak hour turning volumes of site-generated traffic. Trips generated by off-site developments within the study area. Map showing peak hour turning volumes due to the developments in the study area and through traffic. Peak hour turning movements in horizon year. (Sum of Figures H and I). Level of service at critical locations under conditions and in horizon year with & without the proposed development. Table or figure showing improvements by location and type. If phasing of improvements is to besti~ have to be shown. ATTACHMENT NO. PAGE: 25 OF,;'-' CHAPTER 17 STAFF REVIEW The purpose of staff reviexv is to ensure that the Traffic Impact Study has been properly prepared and that the recommendations made by the preparer are realistic and implemental. Staff reviews are not intended to deter new developments. They are to assure that traffic-related problems are anticipated and that effective mitigation measures are identified. Contact between the preparer and the reviexver during the preparation of the TIS is encouraged. FORMAL REVIEW This review is conducted after the preparer has submitted the report. The formal review process xvill produce a list of the following findings: · Acceptable analyses and conclusions. · Unacceptable analyses and conclusions. · Acceptability of recommended site acccss provisions and roadway improvements. · List of required improvements that might be considered to mitigate impacts of the proposed development. Following the reviexv, the reviewer(s) will send to the preparer a list of requested study revisions or a letter accepting the study. REQUEST FOR REVISION Any requests for study revisions will indicate thc findings of the formal review and clearly specify' the additional information required. This additional report should be in the form of an addendum to the original study. In certain cases, a revised report may be requested. jATTACHMENT NO. '~'~ J PAGE: ?6 OF ~ ~! AGENDAJTEM ,NO. OCT 2 8 2003 APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date: Time: Location: People Attending: Name, Organization, and Telephone Numbers 1) 2) 3) 4) 5) Study Preparer: Preparer's Name and Title: Organization: ,Address & Telephone Number: Reviewer(s): Rcviewer's Name & Title: Collier County Transportation Planning Deparlmcnt Rcviewer's Name & Title: Organization & Telephone Number: Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: Location: Land Use Type: ITE Code #: Proposed number of development units: Other: Description: ATTACHMENT NO.__ PAGE:_ 27 OF ~(--'"¢'--- Zoning Existing: Comprehensive plan recommendation: Requested: Findings of the Preliminary Study: Study Type: Study Area: Boundaries: Complete [] None [] Traffic operations Additional intersections to be analyzed: Horizon Year(s): Analysis Time Period(s): Future Off-Site Developments: Source of Trip Generation Rates: Reductions in Trip Generation Rates: None: Pass-by trips: Internal trips (PUD): Transit use: Other: Horizon Year Roadway Network Improvements: Methodology & Assumptions: Non-site traffic estimates: Site-trip generation: Trip distribution method: Traffic assignment method: Traffic growth rate: Special Features: (from preliminary study or prior experience) Accident locations: Sight distance: Queuing: Access location & configuration: Traffic control: Signal system location & progression needs: On-site parking needs: Data Sources: Base maps: Prior study reports: ,Access policy and jurisdiction: Review process: Requirements: Miscellaneous: SIGNATURES Study Preparer Reviewers Applicant IATTACHMENT NO. '~' I PAGE:~ OF ~ I APPENDIX A-I ANNUAL UPDATE INVENTORY REPORT (AUIR) PAGE: ~0 o~ ~ -' _ I APPENDIX A-2 SAMPLE REPORT OUTLINE Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out items that do not apply. Report Outline B. C. D. E. Development name and location Application number Applicant name Preparer name and organization Report date Title Sheet B. C. D. E. F. Development name and location Application number Applicant's name, address and telephone number Prcparer's name, title, organization, address and telephone number Date of original report Rcport revision date Table of Contents List of Figures and Tables Introduction and Summary Purpose of report and study objectives Executive summary 1. Site location and study area 2. Development description 3. Principal findings 4. Conclusions and recommendations II. Proposed Development A. Subject site 1. Land use and intensity 2. Location 3. Site plan 4. Zoning 5. Phasing and timing B. Off-site developments IAITACHI$1~NT NO. P^~E:"' ~' OF,.;g . ! 0C1282003I II1. Area Conditions Study area limits Study area land use 1. Existing land use 2. Existing zoning 3. Anticipated future developments Site accessibility 1. Area roadway system a. Existing b. Proposed 2. Traffic volumes 3. Transit service 4. Transportation system management programs IV. Projected Traffic Site traffic (each horizon year) 1. Trip generation 2. Trip distribution 3. Traffic assignment Non-site traffic (each horizon >'ear) 1. Method of projection 2. Trip generation 3. Trip distribution 4. Traffic assignment Total traffic (each horizon year) V. Analysis B. C. D. E. Site access Capacity and level of service Traffic safety Traffic control Site circulation and parking VI. Improvement Analysis Improvements to accommodate non-site traffic 1. Physical 2. Operational Additional improvements to accommodate site traffic 1. Physical 2. Operational 3. Travel demand reduction Alternative improvements Status of improvements already tended, programmed, or planne Evaluation ATTACHMENT NO. ~L.- [ I P^C,E: 32 OF ~3 I VII. Findinl/s B. C. D. Site accessibility Traffic impacts Additional improvement Compliance with traffic-related local codes VIII. Recommendations Site access/circulation plan Roadway improvements 1. On-site 2. Off-site Transportation system management actions Other IX. Conclusion Traffic impact of proposed development Adequacy of proposed plan including recommended improvements pA_^TTACHMENT NO' GE: 33 _OF / 2{303 APPENDIX B TABLE DESIGN FORMATS Table 1 TOTAL PM PEAK HOUR PROJECT TRIP GENERATION Table 2 ENTER/EXIT BREAKDOWN OF TRIPS DURING P.M. PEAK HOUR TOTAL PERCEntaGE LAND USE TRIPS ENTER~X1T :::' ~,~ E~E Table 3 TOTAL P.M. PEAK HOUR EXTERNAL PROJECT TRIPS TOTAL TRIPS INTERNAL P.M. PEAK HOUR LAND USE (FROM TABLE 2) CAPF',..JRE % EXTERNAL TRIPS Table 4 TOTAL P.M. PEAK HOUR EXTERNAL NON-PASS BY PROJECT TRIPS LAND USE TOTAL EXTERNAL TRIPS PASS- P.M. PK HR EXTERN~ii?ii!!] (FROM TABLE 3) BY % NON-PASS-BY TRIPS ~,!~, ~?1 l Table 5 IMPACTED SEGMENTS SEGMENT ROADWAY FROM/TO P M PEAK HOUR t' SERVICE % SERVICF~ NUMBER NAME (SEGMENT) DIRECTION PROJECT TRIPSI ~ ...... VOLUME , VOL~;~ P~¢E:.34 01:.)g I APPENDIX BI TRANSPORTATION CONCURRENCY MANAGEMENT AND EXCEPTION AREAS Boundary Maps J ATTACHMENT NO. '~ . ~ Ok,'!' 2 8 2003 V ' < ' "it ' ' :~- GULFb O~ z I~ o 8~ OCT 2 8 2003 ATTACHM~T ~ ~ [ r ~:.,. ~ ~ OFfS ,::~. BAYSHORE DR IATTACHMENT NO. '~ I PAGE:_~ ~,' OF ]~ I AGENDA !TEM ',~o.. ! l,.. ~? _ OC'I' 2 8 2003 EXECUTIVE SUMbL~RY APPROVE CHANGE ORDER NO. 2 IN THE AMOUNT OF $112,117.09 TO THOMAS MARINE CONSTRUCTION, INC. FOR THE LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION PROJECT, FROM PIPER BOULEVARD TO IMMOKALEE ROAD, PROJECT NO. 66042, BID NO. 03-3492 OBJECTIVE: To obtain Board of County Commissioners approval of Change Order No. 2 in the amount of $112,117.09 to Thomas Marine Construction, Inc., for the Lakeland Avenue Bridge and Roadway Construction Project, from Piper Boulevard to Immokalee Road, Project No. 66042. CONSIDERATION: On May 13, 2003, the Board of County Commissioners approved a Contract with Thomas Marine Construction, Inc., Agenda Item (16)(B)(7), for the construction of Lakeland Avenue Bridge and Roadway construction project, from Piper Boulevard to Immokalee Road. Change Order No. 2 represents the following changes to the contract: 1). 2). 3). 4). 5). 6). Due to existing utility lines not being where they were shown on the plans and conflicting with our bridge approach slab. Drainage Structures are needed to accommodate the existing drainage lihes. To avoid a conflict with the existing 8" water-main. Items are needed to replace a conflict box called for in the plans. To upgrade the existing Pedestrian Detectors called/'or in the plans. To comply with the Specifications regarding payment for the piling over-runs. FISCAL IMPACT: Funds for the Road Work are available in the FY 03 budget. Source of funds are Gas Tax and Impact Fees. Funds in the amount of $62,210.00 for Water Services are available in the County Road Water Capital Project 70071. Funds in the amount of $72,360.00 for Force Main and Reclaimed Water Main work are available in the County Road Sewer Relocation Project 73065. Source of funds are Water User Fee and Sewer User Fee. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 6) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Change Order No. 2 in the amount of $112,117.09 to Thomas Marine Construction, Inc. for the Lakeland Avenue Bridge and Roadway Construction Project, Project No. 66042. \ Lynn R. Tho.rpe - / .APPROVED BY: ,./~. k, Gregg R. Strakalus ~, Principal ~roject Manager P.E., Director, T.E.C.M.D. Roy Anderson. P.E., Director. P.U.E.D. APPROVEDBY:~ ~/ ~ Steve Camel, Dir~tor Purchasing,General Se~ices . ~ / AP No~&~, A'[CP, Administra;or ..Transpc~ation Division DATE: DATE: / // DATE: DATE: OCT 2003 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR COUNTY-WIDE SAND SEARCH, PROJECT 90527, TO FUND STAFF EFFORT IN ACQUIRING TEMPORARY BEACH MAINTENANCE EASEMENTS, IN THE AMOUNT OF $100,000 OBJECTIVE: To obtain Board of County Commissioners approval of a budget amendment for the county-wide sand search in the amount of $100,000. CONSIDERATIONS: Easements are required to construct and maintain the County / City of Naples beach re-nourishment project. Staff initially estimated approximately $500,000 to obtain 165 easements based on the worst-case historical costs to obtain other easements. After further discussions, the estimate has been significantly reduced to $100,000. On September 11, 2003, the Coastal Advisory Committee concurred with obtaining the necessary easements starting with the areas most likely to be constructed and recommended funding tip to $I00,000 for this effort. On September 22, 2003, the Tourist Development Council recommended $100,000 for the acquisition of easements as part of the yet to be approved $9M project bridget. 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. FISCAL IMPACT: Funds in the amount of$100,000 are available in the Tourist Development Tax Category "A" Reserves and will raise the total project budget to $1,335,000. 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' budget amendment in the amount of $100,000. Ron Hovell, P.E., Special Projects Manager REVIEWED BY: . 1' ~f~-4~-~ Date: , ,l/o.~ /~-"R.-.r~y,, B. Anderson, P.E., Public Utilities Engineehng Di?ect6r Ton,-'Mott, Real Pr6?erty Sup6~isor ' Jack~Vert, Tou~sm DjrCV.C~t.¢r APPROVED BY: ...~ ~,.'?/~i~~-') Date:/,~/~,.~ W. DeLony, P.y/Z,Public Utilities AdministratOr OCT 2 8 2003 EXE C UTIVE SUMMARY APPROVE WORK ORDER MAC-FT-04-01 TO McKIM AND CREED ENGINEERS FOR ENGINEERING SERVICES RELATED TO CONTROL AND TELEMETRY UPGRADES FOR CARICA/VANDERBILT/BAREFOOT PUMP STATIONS IN THE AMOUNT OF $81,000 FOR PROJECT 70124 OBJECTIVE: To improve the reliability and operability of the Water Distribution System by upgading the instrumentation, controls, chemical delivery system, remote monitoring, and Supervisory Control and Data Acquisition (SCADA) systems of three (3) Water Distribution sites. CONSIDERATIONS: The Water Distribution System consists of six (6) primary facilities from xvhich the potable water distribution is controlled and monitored. Processes within the system are highly automated, using programmable controllers locally at each facility, various forms of communications technology to transmit data, and SCADA software on computer servers that fimction as the network hub. For three of these sites in the north end o1' the County (Carica Pump Station, Vanderbilt Pump Station, and Baretbot Distribution Point). the technology that comprises the telemetry and SCADA in these automated systems is several ,,'e:~rs old. Advancements in technology have made these portions of the automated system ol~solcte. Thc proposed xvork order ~vill be the first step towards rencxving the automated system at these three sites. Pursuant to the County's need for evaluation, desim~ and implementation 0fan upgraded SCADA system for these facilities, McKim and Cr~ced Engineers has provided a proposal to perform such services. The scope of work proffered by McKim and Creed outlines the tasks for completion in three (3) phases: Evaluation, Design, and Implementation. For Phase I Evaluation and Phase II Design, McKirn and Creed pr<>pnses its services in the amount of $81,000. For Phase III Implementation, whose fee assessment is not available at this time, additional approval will be sought as this pricing becomes available. PUED and Purchasing Staff worked together to negotiate a proposed work order with the Consultant for Phases I and II and determined the scope and fees to be fair and reasonable. There are no comparable previous projects with similar scopes upon which to make a valid cost comparison. However, based on the projected construction costs for the proposed scope of work, the engineers' fees represent an acceptable ,~,-~*~,-,, of this anticipated total project cost. A copy of the proposed work order is attached. McKim and Creed Engineers is approved under Contract 03-3484 Fixed Term Instrumentation and Controls Engineering Services. FISCAL IMPACT: Funds in the amount of $81,000 are available for this project in the Water Capital Fund 412 in Project 70124 Water System Telemetry. The scope of work is consistent xvith Water Capital Budget fimds budgeted in FY 04, as approved by the Board on September 18, 2003. The proposed xvork order is consistent with the 2002 Water Master Plan Update as adopted by the Board on February 25, 2003 us Agenda Item 10(A). AGENDA IT[M ~ OCT 2 8 2003 Executive Summary Approve WO to McKim and Creed Page 2 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: 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 MAC-FT-04-01 related to the control and telemetry upgrades for Carica, Vanderbilt, and Barefoot Pump Stations, Project 70124. SUBMITTED BY: x'~~.. /Z/rf.~,Tm.4~ Date: Dennis McGee~ P.E., Instmmentatio~SCADA Manager, PUED Karl Boyer, P.E., utfIities Engineering Principal Project Manager REVIEWED BY: C(~.' ' ' " ' ~ ::' Roy Anderson, P.E., PUED Director REVIEWED BY: ~/~.X?~t-~ Date: t~ul Mgitausch, Wat~ector Stephen lL Camell,~Purcbsin~recfor APPROVED BY: ~;7 ~:~-,' r ,:_/A?:~-D Date' ~&:' (~~an~sf W. nekony, P.E., Publ~tilities Ad~ .... OCl 2 8 2a03 · o? WORK ORDER MAC-FT-04-01 Agreement for Fixed Term I&C Design Engineering Services Contract #03-3484 Dated June 24, 2003 This Work Order is for professional engineering services for work known as: Project: 70124: Water System Telemetry Phase Scope Title: Control/Telemetry Upgrades, Carica-Vanderbilt-Barefoot The work is specified in the proposal dated October 10, 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 MAC-FT-0401 is assigned to McKim & Creed. Sc~ope of Work: Phase I/Task 1' System Evaluation and Architecture Design Phase II/Task 2: Detailed Design Phase II1: Implementation Schedule of Work: (Tasks lA through 1E of Phase I above) Complete work within 7.5 days from receipt of the Notice to Proceed authorizing start of work. (Tasks 2A through 21 of Phase II above) Complete work within 75 days from receipt of the Notice to Proceed authorizing continuation of work following Phase I completion. (Phase III above) Completion of work is contingent upon recommendations prescribed under Phase I and II reports and subsequent decisions. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm on a lump sum basis for labor plus reimbursable expenses. Phase I, Tasks 1A-1E $32,000.00 (lump sum) Phase II, Tasks 2A-21 $44,000.00 (lump sum) Contingency Allowance $ 5,000.00 (Time & Materials i~lot to Exceed) TOTAL FEE $81,000.00 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. Dennis McGee, P.E., PUED Instrumentation/SCADA Manager Date ~t~p6-eh Y. Carn'~ll, Purchasing/General Services Date Director AUTHORIZED BY: Paul M~t{~'~'h, Water Director Date APPROVED BY: Roy B. Anderson, P.E., Utilities Engineering Director Date: October t3, ?.003 Date WITNESSES (2): Fund: 412 CC: 273512 Obje t~Code: 634999 McKim & Creed Pri~teoKxName:Jeane C. Potter for A. Street Lee T itl ',e~oe President Project Number: 70124 AG£NOA ITEm .0. /4, OCT 2 2003 , MCKIM&CREE} [. October 10, 2003 Mr. Dennis McGee, P. E. Instrumentation/SCADA Manager Collier County Public Utilities Engineering Departmenl Building H, Third Floor 3301 East Tamiami Trail Naples, FL 34112 RE: Water Distribution Telemetry System Upgrades - South County and North County Water Treatment Plants, Carica Rd, Vanderbilt and Barefoot Beach Pump Stations Dear Dennis: We at McKim & Creed, PA appreciate the opportunity to provide engineering and SCADA integration services to Collier County upgrade the Carica Road, Vanderbilt and Barefoot Beach Pump Stations' control and telemetry system, interconnecting them to an upgraded system at both the South and North Water Treatment Plants. It is our understanding that the County will utilize Intellution software to provide user interface located at the South County Water Treatment Plant and North County Water Treatment Plant to monitor and control the remote pumping f~ ilities outlined above. A communications system will be designed to provide the required data mmunicatio~rbetween all sites as part of this project. The sites will be retrofitted with newer technology PLC controllers and will be expanded for greater instrumentation and control capability. McKim & Creed is prepared to offer the County turnkey services to implement these upgrades. This proposed Scope of Services is organized to include the first two phases of a three-phase implementation plan for this project. The first phase consists of a detailed evaluation of the referenced Water Pumping Stations controls, chemical systems, telemetry paths, licensing and telemetry systems upgrade, and required Human Machine Interface (HMI) system modifications at the Pumping Stations and the County's Water Plant Facilities. The second phase will include detailed design for the system including modifications required at each of the sites. A high-speed communications link between the water plants will be included in the design. The future Phase 3 will provide System Integration and Project Construction Services for the implementation of the Phase 2 design. These services shall include installation and configuration of HMI and SCADA software and hardware, programming of HMI and SCADA software, Alarming and reporting software and hardware (as applicable) and construction supervision of all work performed by subcontractors. Training and start-up will be included in Phase 3 as well. 601 CLEVELAND ST., SUITE 205, CLEARWATER, FLORIDA 33755 TEL 727.442.7196 FAX 727.461.3827 www.rnckimcreed.com AA0g02667 October 13, 2003 Page 2 The work under this Work Order will develop a plan for upgrading the SCADA system that will provide the desired level of monitoring and automated control of the system components. Improvements for each of the facilities will be designed to begin the implementation of the improved SCADA system and the automation required to support the overall operational goals of the COUNTY. Services will be provided in the following Tasks: Task 1.0 - System Evaluation and Architecture Design Task 2.0- Detailed Design Contingency SCOPE OF WORK TASK DESCRIPTION System Evaluation And Architecture Design A. Project Kick-off Meeting Conduct a kick-off meeting with the COUNTY to review the scope of work required to complete the planning and design of this project and to outline the schedule for the work.. Work priorities indicated by the COUNTY will require Carica Road and the South Water Plant upgrades be completed first. B. Obtain and Review Data The ENGINEER will conduct site vi,zits to each of the sites included in the control of water system operation in the County system. We will obtain and review plans, schematics, reports and other operational information that outlines the current system. Interviews with key COUNTY staff will be conducted to gain an understanding of current capabilities and-requirements for operation of the facilities. C. Document System Operational Protocol Based on a review of the existing system cap'abilities and operational goals, confirm the required operational protocol for the monitoring and control system. McKim & Creed will also have a Radio Path Survey conducted and will prepare radio license applications. Costs are included as Direct Cost items. D. Develop SCADA System Architecture Develop the requirements for the SCADA systems, to be implemented for monitoring and control of all aspects of the affected Water System. Establish requirements for hardware and software for system compatibility for all facilities. Develop system concepts for communications between the four water system facilities. October 13, 2003 Page 3 SCADA Technical Memorandum Prepare a draft Technical Memorandum to outline and document the SCADA system architecture and configuration to support requirements for operations. Meet with the COUNTY to review the draft Technical Memorandum and prepare a final Technical Memorandum to incorporate the COUNTY's comments. 2 Detailed Design Provide Equipment/System Specifications Provide manufacturer name and models for chemical and SCADA system components including radio eauipment and PLCs to be incorporated into the design of system improvements being prepared for the COUNTY. B. SCADA System Communications Prepare detailed design of the SCADA system communications network. Provide detailed installation requirements, cable/conduit routing, antenna mounting, and equipment location details. C. Instrumentation Integration Prepare detailed design for incorporating all instrumentation and controls input/output from both new' c:nd existing instruments and equipment into the improved SCADA system. Identify mounting, piping and conduit/cable routing requirements. Outline requirements for demolition/r ~oval of existing equipment and or software. Technical Specifications specfflca,,o, ,~ for the materials and construction of the proposed Prepare technical " ~: '~ improvements. Coordinate teci~nical specifications with COUNTY standard contracl documents and contract provisions as applicable. Prepare Budget Item Descriptions. Hardware Listing Prepare listing of alt hardware :!ems to be purchased by the COUNTY/ENGINEER including sizes, make and model nur~nber of required system components. F. Electrical Provide electrical design to support upgraded/new control systems. Prepare cons .... renovations as applicable. electrical design for control Progress Submittals Provide progress submittals t~ the COUNTY at the 90% and 100% design for review and comment. Attend a desu.~n ,'eview meeting to review COUNTY staff comments at each phase. Opinions of Cost j ~_.~ i'r£~ ~ Prepare a proposal to the County outlining Construction Costs for th~ pr~:~~"'~ / OCT?8 2003 October 13, 2003 Page 4 improvements to implement water system lelemetry and chemical system upgrades. Final Design Submittal Prepare final design submittal incorporating comments received from the COUNTY staff and including the completed documents for the COUNTY's use. Contingency (Additional Services as authorized) We will provide additional services, at costs agreed upon by the COUNTY and ENGINEER and as authorized by the COUNTY, which may arise during the course al the work that were not envisioned as part of the original or amended scope of work. Compensation to the ENGINEER 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. Additional Services must be identified by the ENGINEER prior to the performance of the work. Failure to notify the COUNTY in writing of Additional Services shall be deemed a waiver of any claim by ENGINEER that such services were Additional Services. Additional written authorization from the COUNTY will be required for any charges that exceed the predetermined upper limit. COUNTY RESPONSIBILITIES · Provide cranes to assist in Radio Path Survey · Provide copies of plans for South Water Plant systems and components · B~eview Submittals and provide comments within 15 days · Provide existing HMI screen images on magnetic media · Provide a list of current SCADA database "TAGs" on magnetic media · Provide Intellution development software for use in updating SCADA software (as applicable) · Provide access to Operation Manuals for the pumping stations · Provide Wiring Diagrams and other data on existing instrumentation and control systems · Provide operating data on current water system operation · Provide information on targeted areas of water system expansion PROJECT TEAM A. Street Lee, PE Byron Conner Dan Cote, PE Eric Brown Gene Robinson, El Principal Sr. Project Manager Sr. Instrumentation and Controls Engineer I&C Design Tech Instrumentation and Controls Engineer PROJECT SCHEDULE Task 1 - Completion within 75 days from Notice to Proceed Task 2- Completion within 75 days from Notice to Proceed (Subsequent to Task 1 completion) ENGINEER'S COMPENSATION j"" A~IEI~DA ITEM ~ ~o. /~_ r,_ ,-~ I OCT 2.78 !00! October 13, 2003 Page 5 For the above-described SCOPE OF SERVICES in Work Order No. 1, the COUNTY will compensate the ENGINEER on a lump sum basis. Our lump sum fee is summarized as follows: Task I - System Evaluation and Architecture Design Task 2 - Detailed Design Contingency Allowance Not to Exceed TO]'AL $32,000 $44,000 $ 5,000 $8 ,000 Invoices shall include a brief description of work performed during the billing period, the equipment/software provided, the percent complete and the amount due. We appreciate the opportunity to work with Collier County and provide an improved system for control and monitoring of your water facilities. Please let me know if you have any questions or require more information. Sincerely, McKim & Creed, PA Project Manger OCT 2 8 2003 EXECUTIVE SUMMARY APPROVE WORK ORDER CAR-FT-04-01 TO CAROLLO ENGINEERS FOR ENGINEERING SERVICES RELATED TO SCADA AND CONTROL NETWORK UPGRADES AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT IN THE AMOUNT OF $84,850 FOR PROJECT 70094 OBJECTIVE: To improve the reliability and operability of the North County Regional Water Treatment Plant by upgrading the plant's instrumentation, controls, and Supervisory Control and Data Acquisition (SCADA) systems. CONSIDERATIONS: The North County Regional Water Treatment Plant was originally built in 1992. The treatment process is highly automated using programmable controllers and computerized graphics. The automated system is more than 10 years old. Advancements in technology have made this automated system obsolete. The proposed work order will be the first step towards rene~ving the automated system. Pursuant to the County's need for evaluation, design and implementation of an upgraded SCADA system, Carollo Engineers has provided a proposal to perform such services. The scope of work proffered by Carollo outlines the tasks for completion in three (3) phases: Evaluation, Design, and Implementation. For the Phase I Evaluation, Carollo proposes its services in the amount of $84,850. PUED and Purchasing Staff worked together to negotiate a proposed work order with the Consultant for Phase ! Evaluation and determined the scope and fees to be fair and reasonable. There are no comparable previous projects with similar scopes upon which to make a valid cost comparison. However, based on the projected construction costs for the proposed scope of ~vork, the engineers' fees represent an acceptable portion of this anticipated total project cost. A copy of the proposed xvork order is attached. Carollo Engineers is approved under Contract 03-3484 Fixed Term Instrumentation and Controls Engineering Services. FISCAL IMPACT: Funds in the amount of $84,850 are available for this project in the Water Capital Fund 412 in Project 70094 NCRWTP Process Improvements. A budget amendment is needed to transfer funds in the amount of $560,000 from WBS Element 700941 to new WBS Element 700942 within Project 70094. The scope of xvork is consistent with Water Capital Budget funds budgeted in FY 04, as approved by the Board on September 18, 2003. In recognition of the County's obligation to operate a reliable utility, the proposed work order will serve to maintain system serviceability that is consistent with the intent of the 2002 Water Master Plan Update as adopted by the Board on February 25, 2003 as Agenda Item 10(A). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. OCT 2 8 2003 PG. / Executive Summary Approve WO to Carollo Page 2 RECOMMENDATION: That the Board of Countv~ 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 Ordcr CAR-FT-04-01 related to upgrading the NCRWTP SCADA and control ne~vork, Project 70094, and approve the necessary budget amendment. SUBMITTED BY: REVIEWED BY: Dennis McGee, P.E., lnstmmcntation/SCADA Manager, PUED Karl Boyer, P.E., Utilities Engineering Principal Project Manager REVIEWED BY: "~-<-;'))'~,.~_CL--._.:¼-, iLC~,~& Date: Roy Anderson, P.E., PUED Director REVIEWED BY: ' / m.,TZ,~//~ ~-~> Date: '/~ ~.5 Pahl Mattausch, Water Steph~n Y. C~mell, Purchasin~7'~ec'tor ' APPROVED BY: c~ Cot-: r < ~' ~ .... I Date' ~.----~e~W. DeLony, P.E., Publi~ Uq~ities Ad~~ OCT 2 8 2O03 WORK ORDER CAR-FT-0401 Agreement for Fixed Term I&C Design Engineering Services Contract #03-3484 Dated July 29, 2003 This Work Order is for professional engineering services for work known as: Proiect' Phase Scope Title: 70094: NCRWTP Process Improvements SCADA/Control Network Upgrades The work is specified in the proposal dated _September 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 CAR-FT-0401 is assigned to Carollo Enqineers. Scop% f Work: Phase I: System Evaluation and Pre-design to include: Task 1 - Existing System Evaluation Task 2 - Needs Analysis Task 3 - Alternatives Development Task 4 - Alternatives Evaluation Task 5 - Implementation Plan Phase I1: System Design Phase Iff: System Implementation Schedule of Work: (Tasks 1 through 5 of Phase I above) Complete work within 90 days from receipt of the Notice to Proceed authorizing start ol work. (Phases II and III above) Completion of work, to be consistent with schedules outlined in proposal, are additionally contingent upon recommendations prescribed under Phase I reports and subsequent decisions. Compensation: In accordance with Article Five of the Agreement, the County will compensate the F~rm on a lump sum basis. Phase I, Tasks 1-5 $84,850.00 (lump sum) TOTAL FEE $84,850.00 Any change within monetary authority of this Work Order made subsequent to final department approval wiJl be considered an additional service and charged according to Schedule "A" of the Agreement. Dennis McGee, P.E., PUED Instrumentation/SCADA Manager Date Stephei~ Y. CargeH, Purchasing/General Services Date Director Pa'ul M~ttausch, Water Director Date APPROVED BY: Roy B. Anderson, P.E., Utilities Engineering Director Date Date: /' ~/~.,--~¢ ~' WITNESSES (2): Carollo Engineers Printed Name: Robert S.Cushing, Ph.D.,P.E. Title: Partner Fund 412 CC 273512 Object Code: 634999 Project Number: 70094-2 ,~G£ NO,~ IT£1~ B ,o. /& d.:. , OCT 2 8 2003 PG. ~ PROPOSAL COLLIER COUNTY PUBLIC UTILITIES DIVISION NORTH COUNTY REGIONAL WATER TREATMENT PLANT CONTROL AND INFORMATION SYSTEM MODIFICATIONS BACKGROUND The North County Regional Water Treatment Plant is a membrane softening facility producing potable water for the residents and businesses of northwestern Collier County. The facility has undergone some minor modifications over the years since it was constructed. Operations at the plant are assisted by its control and information system that was installed as part of the plant's original construction. The existing control and information system consists of 2 redundant Siemens 555 PLCs and one Siemens 315 PLC providing monitoring and automatic control of specific functional areas of the plant using remote I/O over a Profibus network. A graphics interface to the plant operations staff is provided by a personal computer based SCADA/HMI system utilizing txvo operator workstations and a blind SCADA server. The HMI software platform currently deployed is Genesis by Iconics of Foxborough MA. SCADA/HMI redundancy is provided by a cold backup PC that can be interchanged with the SCADA server should it become disabled. An Ethernet · - twork supports communications between all PC and PLC system components. All existing control and information system components are original equipment installed during initial plant construction. Engineering and operator workstations have reached an age of decliniug reliability. The existing PLC/remote k/O network has demonstrated serious pertbrmance problems associated with PLC redundancy, network architecture, and system I/O density. The Utility Division has determined that certain modifications and upgrades to the existing control and information system are warranted to correct these problems and deficiencies and to bring it m line xvith newer process control systems at other treatment facilities within the County. In particular, it has found that the following need to be addressed: · Replacement of all existing Genesis SCADA/HMI software with the COUNTY standard, Intellution iFIX. · Replacement of all existing SCADA workstations with new, high speed PCs running the latest Microsoft Windows operating system.. · Modification of existing process control architecture, PLC programming, or both to improve overall system performance. · Replacement of the existing process data reporting system. SCOPE OF SERVICES Consultant shall provide services to include evaluation of the existing North County Regional Water Treatment Plant (NCRWTP) control system, recommendations for upgade of the existing C: Docunlcnls and Setmms,mcgeedennis~,Desklop",Proposal NCRWTP 20030929 DOC ,~G£NOA ITEM 0CT 2 8 2003 DG. ¢ system, design services for the upgrade, and assistance with implementation of the upgrade. The xvork will be performed in three phases: · Phase 1: System Evaluation and Pre-design. · Phase 2: System Design. · Phase 3: System Implementation. The folloxving scope of Services is defined for Phase 1 only. Task 1 - Existin~ System Evaluation: Consultant shall reviexv existing documents, interview NCRWTP staff, review existing software, visit the NCRWTP, discuss system products with vendors, and perform system performance testing as needed to evaluate the existing control system. Consultant scope shall include one, visit I,o NCRWTP to review the existing system installation, obtain copies of documentatiou and sofm are, and meet with NCRWTP staff. Aspects of the existing control and information system that will be reviewed shall include: · General system concept and architecture. · Useful life of software and equipment. · PLC and SCADA networks. · PLC hardware. · HMI hardware. · PLC system reliability and redundancy. · HMI system reliability and redundancy. · Reporting system (software, reports, data sharing, etc.) County will provide copies of softxvare files and PLC code printouts as requested by Consultant. County will provide copies of existing system documentation, including NCRWTP construction project record documeuts, original design drawings, I/O lists, control strategies, SOPs, and other documents requested by Consultant to assist with system evaluation and upgrade recommendations. Consultant shall review HMI and PLC programming and equipment standards used at other County facilities. County shall provide available documentation on HMI and PLC programming standards. Task 2 - Needs Analysis: Consultant shall meet xvith county and NCRWTP staff to discuss needs and criteria for lhe system upgrade project. Meeting minutes shall be prepared and distributed for review by Consultant. Consultant shall provide a brief summary of the agreed upon project goals, needs, and criteria in the Evaluation Report. The needs analysis shall include the following topics: · System functions. C: Documents and Settings'mcgeedem~is'Desktop,Proposal NCRWTP 20030929.I~OC NO. . t~ ,.,~ OCT 2 8 2003 ~G. ~ · Control System sofixvare. · Control System hardxvare. · System Performance. · System redundancy and reliability. · Reporting system. · Long-term system support. Task 3 - Alternatives Development: Consultant shall develop and document three system upgrade alternatives: 1. Replace HMI system (only). 2. Replace HMI system and modify network and PLC CPU architecture while retaining existing I/O modules and wiring. 3. Replace most or all of the existing system, including Siemens/TI CPUs and I/O. A basic block diagram, brief description, and budgetary cost estimate will be prepared for each alternative. The alternatives development and evaluation shall include recommendations for a new Process Data Reporting System (PDRS). The PDRS shall store SCADA data and provide reports. Data sharing to users outside of the SCADA network will be included in the evaluation. Task 4 - Alternatives Ex ,Ltuation Consultant shall prepare a summary ofboxv each alternative meets the system upgrade needs and criteria defined in Task 2, as well as a list of advantages and disadvantages for each alternative. These evaluations shall be documented and submitted to the County for review. Consultant shall conduct a meeting to review alternatives and discuss recommendations with County and NCRWTP staff. Results of the meeting shall be documented. Consultant shall prepare a report summarizing the alternatives and the recommended system upgrade. Task 5 - Implementation Plan: Consultant shall discuss implementation and procurement alternatives with County staff at the Alternatives Evaluation Meeting and prepare a report on the recommended approach to system procurement and implementation. The implementation plan shall provide for new system cutover during the summer 2004 low demand season, if feasible. The implementation plan shall include discussion of ho,,',' best to provide programming services, staff training, NCRWTP staff involvement, and long-term system support. The procurement methodology must comply with County guidelines. Consultant shall prepare a Scope of Services for Phase 2 of the project and a preliminary Scope of Services for Phase 3. C: Documents and Settingsm~cgeedennis"Desktop,Proposal NCRWTP 20030929.D3OC A~OA ITEM ~ OCT 2 8 2003 PG. ~' Consultant shall meet with County staff to discuss final comments on the Evaluation Report and. Phases 2 and 3 Scope of Ser~,ices. After the meeting, Consultant shall update the documents and submit final versions. GENERAL ASSUMPTIONS Work described herein is based upon the assumptions listed below: o The COUNTY will provide information, reports, spreadsheets, and record drawings on the existing facilities, as well as any other pertinent data requested by the CONSULTANT. The COUNTY shall reviexv all documents and provide written comments xvithin t~vo weeks of receipt from CONSULTANT. The COUNTY will provide CONSULTANT with electronic text version of the existing SCADA process database, as well as electronic copies of all existing HMI displays. The COUNTY shall provide CONSULTANT with access to current HMI in development mode so that CONSULTANT can develop detailed signal map of the existing SCADA system. SCHEDULE Consultant acknoxvledges that time is of the es:. :e on this project. The County's goal is to perform cutover to the nexv system during the Summer 2004 loxv demand period. Consequently, the project schedule shall be as follows: Begin Phase 1 Initial Project Meeting Project Alternatives Meeting Draft Evaluation Report Submitted Final Project Meeting Final Report Submilted Begin Phase 2 Complete Plans and Specifications Start Phase 3 and Award Construction Contract Begin Cutover Project Completion October 15, 2003 October 20, 2003 November 3, 2003 November 10, 2003 November 17, 2003 November 28, 2003 December 1, 2003 February 1, 2004 March 1,2004 June 15, 2004 September 30, 2004 PROJECT TEAM C:~Documents and Settings mcgeedennis Desktop'~Proposal NCRWTP 2003002t~,.[~)(' ~- ~GE~OA ITEM t0CT 2 8 21103 ,7 Carollo is proposing a project team with a set of skills that closely match the requirements of your project. The organizational chart shoxvn in Table I below lists the team members. Mr. Anthony Morroni, the Partner In Charge of Electrical and Instrumentation disciplines for Carollo Engineers, has an extensive background in the electrical engineering field, from both a practical and a theoretical perspective. His work integrates a strong background in mathematics and physics to provide effective, innovative solutions to engineering problems. Hands-on experience allows Mr. Morroni to cornbine electrical engineering knowledge and field-proven construction techniques to consistently produce sound electrical projects. Mr. Morroni will manage the consultant team to maintain a compliance xvith the project scope, schedule budget and quality standards. Mr. Haugh has experience in planning, design, project management, strategic planning and business management in the areas of computer systems, instrumentation, and process automation for water and wastewater systems. Mr. Haugh holds degrees in Civil Engineering and maintains engineering registrations in both Civil and Control System Engineering. His experience has been invaluable in numerous projects similar to the one proposed here. Of particular interest, Mr. Haugh served as project manager for the Contra Costa Water District's Randall-Bold Plant Control System Upgrade. Ft3r this project, Carollo Engineers acted as the design-build contractor for the plant wide Distributed Control System replacement. This project had critical operational and time constraints. Mr. Haugh will actively participate in the project to provide technical expertise and to verify that the client requirements are being addressed b,: :he final report. He xvill be involved in key decisions as the project progresses. C:'Documenls and Settings',mcgeedennis~Desktop Proposal NCRW OCT 2 8 2003 Project ~ynager Principle-in- Charge Anthony Morroni Project Manager t Charles Chung David Weber Control Systems Project Engineer Engineer Proposed Project Team for the Collier County Plant Control System Upgrade Study John Kabouris, PhD is located in Carollo's office in Sarasota, Florida. Dr. Kabouris has ten years of experience in environmental engineering and has numerous papers in the field of process modeling and instrumentation. He has provided engineering and project management services for a number of water and wastewater projects in the Florida area. These projects included supervising the installation and testing of on-line instrumentation and SCADA system expansions. Dr. Kabouris has experience with both water process engineering and control system projects. He xvill be used, as needed, to provide local support for the project team. David Weber has 20 years of experience in electrical and I&C engineering in the water/waste~vater industry. This experience includes design, start-up and software development projects. Recently, Mr. Weber has completed the control system design for the City of Folsom Water Treatment Plant Upgrade. This project included the replacement of all the plant PLCs and the upgrade of the existing control system network. C: Doctm~ents and SettingsXmcgeedennisX, Desktop~Proposal NCRWTP 20030929 I~C AG£ ~,lOl ITEM OCT 2 8 2003 In addition to providing significant engineering support to the project, Mr. Weber will be coordinating the day to day activities of the project team. Charles Chung has over 30 years of experience as a Control System Engineer. Mr. Chung has experience with the Siemens line of PLC processors and programmed systems with Profibus and H1 data networks. Mr. Chung has also performed program development for several xvater treatment plants for Contra Costa Water District and the City of Yuma. Mr. Chung will provide technical support on a variety of technical issues including software development. IMPLEMENTATION The scope o£ser¥ices described as part of this proposal are estimated to take 466 professional service hours as summarized in the table below. Task Manhours Task #1 - Professional Hours 120 Task #2 - Professional Hours 64 Task #3 - Professional Hours 84 Task #4 - Professional Hours :)8 Task #5 - Professional Hours I ~0 We propose to provide these services on a Lump Sum basis for $84,850.00. Invoices shall include a brief description of work performed during the equipment/sofixvare provided, the percent complete and the amount due. billing period, the Respectfully Submitted: Carollo Engineers, PC Anthony L. Morroni, P.E. Partner C:'DOCL~IE-I'MCGEED-1 .LOCALS-P,Temp"Proposal NCRWTP 20030929.D~)C OCT 2 8 2083 PG. In addition to providing significant engineering support to the project, Mr. Weber will be coordinating the day to day activities of the project team. Charles Chung has over 30 years of experience as a Control System Engineer. Mr. Chung has experience with the Siemens line of PLC processors and programmed systems with Profibus and H1 data networks. Mr. Chung has also performed program development for several water treatment plants for Contra Costa Water District and the City of Yuma. Mr. Chung xvill provide technical support on a variety of technical issues including soflxvare development. IMPLEMENTATION The scope of services described as part of this proposal are estimated to take 466 professional service hours as summarized in the table below. Task Manhours Task #1 - Professional Hours 120 I Task #2 - Professional Hours 64 Task #3 - Professional Hours 84 Task #4 - Professional Hours 108 #5 - Professional Hours 90 %sk We propose to provide these se]wices on a Lump Sum basis for $84,850.00. Invoices shall include a brief description of work per/brined during the equipment/software provided, the percent complete and the amount due. billing period, the Respectfiflly Submitted: Carollo Engineers, PC Anthony L. Morroni, P.E. Partner Documents and Settingsm~cgeedennis"Desktop Proposal NCRWTP 20030929 D)OC OCT 2 8 2003 // EXECUTIVE SUMMARY APPROVE AN AMENDMENT TO THE FDEP BEACH EROSION CONTROL PROGRAM PROJECT AGREEMENT FOR REIMBURSEMENT OF UP TO AN ADDITIONAL $353,715 OBJECTIVE: To obtain Board of County Commissioners approval of an amendment to the project agreement with the Florida Department of Environmental Protection (FDEP) to reimburse the County for up to an additional $353,715. CONSIDERATIONS: FDEP provides financial assistance to eligible governmental entities for beach erosion control. The Public Utilities Engineering Department staff submitted projects for consideration and this resultant project agreement formalized the budget that FDEP has set aside for Collier County. Each approved project is. cost-shared up to a maximum of 50% based on the degree of public access and the range of percentages approved is from just under 27% to 50%. Approved projects include Annual Beach Maintenance Renourishment (50,000 cubic yards per year for two years), Sand Search, Emergency Response Plan, Beach Monitoring, and Segmented Breakwater Design. The original agreement was approved by the Board of County Commissioners on December 11, 2001, Agenda Item 16.C. 18, for reimbursement up to $1,285,040. This amendment increases that amount to a total of $1,638,755 for an increase of $353.715. $646,377.17 has been reimbursed to date with another $99,363.57 invoiced and pending payment from FDEP. FISCAL IMPACT: Funds up to an additional $353,715 will be reimbursed to 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 1) approve the project agreement amendment, and 2) authorize the Chairman to execute the agreement. SUBMITTED BY: ~ Date: Ron Hovell, P.E.. Special Projects Manager REVIEW-ED BY: ~ ~ ~ ~' Date: oy!~. Anderson, P~:, ~.~blic Utilities Engineering Di{ector ~PROVED BY~ ~~ Date: ~J~es W. DeLony, P.E.~ublic Utilities Administrator '~ephen Y. Carhell,~urchasSng/ General Se~vice~ Di~'ecto~ AMENDMENT No: 1 DEP AGREEMENT No: 01CO1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND WETLAND RESOURCES' BEACH EROSION CONTROL PROGRAM STATE OF FLORII)A AMENDMENT TO GRANT AGREEMENT FOR Collier County Beach Nourishment Project THIS AGREEMENT as entered into on the 21st day of December, 2001, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 and COLLIER COUNTY, whose address is 3301 Tamiami Trail Naples, FL 33962, a local government, (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: Paragraphs 1-39 are hereby deleted in their entirety and replaced with the following: The DEPART/V[ENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the Collier County Beach Nourishment Project, (hereafter referred to as the PROJECT), as defined in Attachment A-i (Project Work plan), attached hereto and incorporated herein by reference, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and also the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. This Agreement shall begin on December 21st, 2001 and end on November 1st, 2005. Pursuant to Section 161.101 (18), Florida Statutes, worl~ conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after July 1st, 2001 shall be eligible for cost sharing by the DEPARTMENT. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT.. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to the release of funds appropriated to the DEPARTMENT. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of the restoration and maintenance of the beach and dune system along approximately 8.5 miles of Gulf shoreline in Collier County. Project areas include Vanderbilt Beach (R22-R31), Parkshore (R50-R54), Naples (R58-R79), and Niarco Island (R134-R139 and R142-R149). The hfe of the PROJECT is def'med as ten (10) years commencing upon the completion date of the construction task under this PROJECT. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. DEP Agreement No. O1CO1, Amendment No. 1, PaTe 1 of 8 ,~g£ NOA I T£1,~ .0. '- 0 C I 2 8 200,3 The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT item, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written authorization to initiate each eligible project item must be obtained from the DEPARTMENT pr/or to the initiation of said item. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: ESTIMATED PROJECT COSTS Task # Eligible Project Items Federal State State Share % Local Total 1.0 Feasibility Study 1. I Marco Island Breakwaters $0 $2,813 50% $2,813 $5,625 Subtotal $0 $2,813 $2,813 $5,625 2.0 Design and Permitting 2.1 Truck Haul $0 $26,308 50%* $50,857 $77,166 2.2 Dune Restoration $0 $0 50%* $0 $0 2.3 'Vanderbilt Beach $0 $0 43.73% $0 $0 2.4 Marco Island-South Segment $0 $48,519 26.955 % $131,481 $180,000 2.5 Naples Sand Search $0 $552,909 .44.77% $682,090 $1,235,000 2.6 Emergency Response Plan $0 $0 38.24% $0 $0 Subtotal $0 $597,736 $864,428 $1,492,166 3.0 Construction 3.1 Truck Haul ' $0 $673,746 50%* $1,194,088 $1,867,834 3.2 Dune Restoration $0 $0 50%* $0 $0 3.3 :Vanderbitt Beach $0 $0 43.73% $0 $0 3.4 Marco ~'~iand-South Segment $0 $269,550 26.955% $730,450 $1,000,00C Subtotal $0 $943,296 $1,924,538 $2,867,834 4.0 Monitoring 4.1 Count, Wide Monitoring $0 $94,653 50%*~ $94,653 $189,305 4.2 Proiect Monitoring $0 $257 50%* $456 $713 Subtotal $0 $94,910 $95,109 $190,018 TOTAL PROJECT COSTS $0 $1,638,755 $2,886,888 $4,555,643 *50% cost share applied to applicable PROJECT eligibility as set forth in Parag~:aph 6 The DEPARTMENT's financial obhgation shall not exceed the sum of $1,668,755 for this PROJECT. Further, the DEPARTMEzXU"s share of the non-federal PROJECT costl if applicable, for the specific eligible PROJECT items listed above shall not exceed the following: Tasks 1.1 and 4.1, 50%; Tasks 2.3 and 3.3, 43.73%; Tasks 2.4 and 3.4, 26.955%; Task 2.5, 44.77%; Task 2.6, 38.24%; Tasks 2.1, 2.2, 3.1, 3.2, and 4.2, shall be cost shared at 50% of the applicable PROJECT eligibility set forth in Attachment B-1. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in the above eligible PROJECT items listing are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated PROJECT costs shall be provided through amendments to this Agreement. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. REMAIgqDER OF PAGE LNWENTIONALLY LEFT BLANK DEP A~eement No. O1CO1, Amendment No. 1. Paze 2 of 8 OCT 2 8 2003 10. 11. 12. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B-1 (Funding Ehgibility), attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT as established under this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and pubhc parking for use by the general public on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site where maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public beach access signs that are clearly visible from the highway for the life of the PROJECT. Paragraph intentionally left blank. As consideration for the eligible work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment C-1 (Comptroller's Contract Payment Requirements), attached hereto and made a part hereof, and state guidelines for eligible costs found in the State Comptroller's Voucher Processing Handbook at (<http://www.dbf. state.fl.us/aadir/mainindex.html>). The LOCAL SPONSOR will submit a request for reimbursement of funds on the forms provided as Attachment D-1 (Request For Payment, PARTS I - IV), attached hereto and made a part hereof, on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period, of each year in which the project is underway. These forms shall be certified as accurate by the LOC,&L SPONSOR'S Project Administrator and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. The DEP)~RTMENT's Project Manager shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for pa3maent. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible PROJECT item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement and the applicable Scope of Work for said item. The Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. If applicable, the Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. REMAENDER OF PAGE ENTENTIONALLY LEFT BLANK DEP A~reement No. O1CO1. Amendment No. I. Pa~e 3 of 8 i,._ _r_ AG~A ITEM OCT 2 8 2003 i3. 14. 15. 16. 17. 18. 19. 20. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager quarterly project progress reports as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period. Schedules shah be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. Upon completion of the PROJECT the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment E-I (Project Completion Certification). The DEPARTMENT reserves the right to r~Iease retainage withheld, at the request of the LOCAL SPONSOR, or at the DEPARTMENT's convenience, for a completed eligible PROJECT item task during the term of this Agreement. A completed Project Completion Certification must accompany the payment request that identifies the eligible project items completed for which release of retained funds is requested by the LOCAL SPONSOR. Pursuant to Chapter 161.101(17), Florida Statutes. the LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. The applicable provisions of Chapter 16I. F ' -. ~,:a 5ratutes, entitled Beach and Shore Preservation, and any rules promultated therefrom, are expressly n,,ade a part of this Agreement and are incorporated herein by refere z as if fully setFforth. The LOCAL SPONSOR's Project Manager for all matters is Ronald Hovell, Phone: 941/530-5342. The DEPARTMENT's Project Manager for all technical matters is Russell Snyder, Phone: 850/487- 1262, ext. 170 and the DEPARTMENT's Grant Program Administrator for all administrative matters is C. Tony Tucker, Phone: 850/487-1262, e×tcnsion 192, or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. Each party hereto agrees that it shall be solelv responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. The DEPARTMENTF may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEP,ARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTNEENW may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days v:ritten notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. Any and all notices shall be delivered to the parties at the following addresses: REMA/NDER OF PAGE ENTEN~TIONALLY LEFT BLANK DF, P Am'eement No C)ICC)I Amendment AC,~: N~ A ITE~ NO. OCT 2 8 2003 LOCAL SPONSOR DEPARTMENT Ronald Hovell Collier County Government Center 3301 Tamiami Trail Naples, FL. 33962 C. Tony Tucker, Grant Program Administrator Department of Environmental Protection Bureau of Beaches and Wetland Resources 3900 Commonwealth Blvd., MS 300 Taltahassee, Florida 32399-3000 (850) 487-1262, extension 192 21. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow punic access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 22. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the LOCAl, SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 23. In addition to the requirements of the preceding p~a~aph, the LOCAL SPONSOR shah comply with the applicable provisions contained in Attachment F-1 (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPC:?SSOR in complying with the requirements of Attachment F-1. A revised copy of Exhibit 1 must [, I'rovided to the LOC,&L, SPONSOR for each amendment which authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the DEPAaRTM_ENT's Grant Manager to request a copy of'the updated information. The LOCAL SPONSOR is hereby noticed that the Florida Single Audit Act and Special Audit Requirements may further apply to subcontracts and lower tier transactions that may result pursuant to this Agreement. The LOCAL SPONSOR may confer with its chief financial officer, audit director or contact the state officials identified under Part II of Attachment F-1 for assistance with questions pertaining to the applicability of these requkements. 24. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 25. 26. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. This Agreement has been delivered in the State or- Fiorida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law. s,~ch, provision shah be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action heie~:;n or in connection herewith shall be brought in Leon County, Florida. 27. No delay or failure to exercise any right, po,,ve~ or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or · def~lt, or~ ~vt~ , I' similar breach or default thereafter. | OCT 2 8 2003 DEP Atreement No. O1COI. Amendment 28. 29. 30. 32. 31. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Ageement, Worker's Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation taw. In case any class of employees engaged in hazardous work under this Agreement is not protected under Worker's Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. No person, on the wounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this A~eement. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for tb,~ construction or repair of a public building or public work, may not submit bids on leases eal property Fo a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entitv. The Florida Department of lVlanagement Services is responsible for maintaining the discri~ninatory vehdor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfrllment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. When applicable, the LOCAL SPONSOR shall also notify the DEPARTlVEENT's ProJect Manager of the solicitation from which an intended subcontractor was selected. Upon the DEPARTMENT's request, the LOC,AL SPONSOR shall furnish copies of the respective solicitation documents, including the solicitation and responses thcreto, the bid tabulations and the resulting detailed scope of work. DEP Agreement No. O1CO1, Amendment No. 1, Pa~e 33. 34. 35. 36. 37. 38. The LOCAL SPONSOR warrants and represents that it is self-funded for liabihty insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. The purchase of non-expendable equipment costing $1,000 or more is not authorized tinder the terms and conditions of this Agreement. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreem nt of both parties as evidenced in writing. Any change order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall requke an appropriate adjustment and modification (formal amendment) to this Agreement. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. If a force majeure occurs which causes delays or the reasonable likelihood of delay in the fulf'fllment of the requirements of this PROJECT Agreement, the LOCAL SPONSOR shall promptly notify the DEP,a,~RTMENT orally and shall, within seven (7) calendar days, notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR': it',tended timetable for implementation of such measures, ff the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, time for performance under this PROJECT Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force majeure. Such agreement shall be conf'Lrmed by letter from the DEPARTMENT accepting, .or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this PROJECT Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. Attachment(s) A-F are hereby deleted in theft entirety. Attachment(s) A-1 through F-1 as attached hereto are hereby added to the Agreement. R_EMAINDER OF PAGE 12NTENTIONALLY LEFT BLAzNK DEP Agreement No. O1CO1, Amendment No. I, Page 7 of 8 In all other respects, the Agreement, of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. EN WITNESS V~ltEREOF, the parties have caused these presents to be duly executed, the day and year last written below. COLLIER COUNTY By: Title: *Chairman FLORDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or designee Date: FED No.59-6000558 Approved as to form & legal sufficiency ~::~ ~"County Attorney DEP Or~r~ Prograr~dmin~strator APPROVED as to form and legality: . DEP :~{torne~ 7 '- *If someone other than the Chairman signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A- 1 Attachment B- 1 Attachment C- 1 Attachment D- 1 Attachment E- 1 Attachment F- 1 Project Work Plan (1 page) Funding Eligibility (1 page) Comptroller's Contract Payment Requirements (1 page) Request For Payment (4 pages) Project Completion Certification (1 page) Special Audit Requirements (5 pages) DEP A~eement No. O1CO1. Amendment No. 1. Pa~,e R ~f 8 ATTACHMENT A-1 PROJECT WORK PLAN Collier County Beach Nourishment Project The PROJECT consists of the restoration and maintenance of the beach and dune system along approximately 8.5 miles of Gulf shoreline in Collier County. Project areas include Vanderbilt Beach (R22-R31), Parkshore (R50-R54), Naples (R58- R79), and Marco Island (R134-R139 and RI42-R149). The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans may be found at http://www.dep.state.fl.us/beaches/. Three (3) originals on all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 1.0. Feasibility Study 3,0o 4,0. Conduct studies necessary to determine the feasibility and extent of improvements necessary to accomplish the goals of the PROJECT. Investigations shall includ& but may not be limited to, the following: physical and environmental surveying; reconnaissance-level geotechnical services; coastal engineering analysis; economic studies; environmental analysis; real estate studies; and plan formulation. Design and Permitting Professional services required for engineering and design, obtaining authorizations and the preparation of plans and specifications. This application fees or any other fees paid to the State of Florida. environmental permits and other item specifically excludes permit Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shah be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. Attachment A~ 1, DEP Agreement No. O 1 CO 1, Amendment No. 1, Page 1 of I ~0 G£NDA ITEM '1 I CT 8 2003 %.: ,o _,_,____] ATTACHMENT B-1 FUNDING ELIGIBILITY Collier County Beach Nourishment Project Vanderbilt Beach Segment Project Boundary: 350' south of R22 to 110' north of R31 Approximate Shoreline Length: 8,735' Public Access Delnor-Wiggins State Recreation Area* Vanderbitt Beach Road* On-site A~acent Total Spaces Spaces Spaces 340 0 340 149 18 167 *Primary beach access containing a minimum of 100 parking spaces and public restrooms. Qualifying Hotels La Playa Qualifying Shoreline 360' Area determined to be publicly accessible 350' south of R22 to 150' north ofT25 R26 to 110' north of R31 Total Length 2.640' 5,000' Total eligible shoreline length: 7,640' Total project shoreline length: 8,735' Percent eligible for State funding: 87.46% Attachment B- 1, DEP Agreement No. 01 CO 1, .Amendment No. 1, Page 1 of 6 AG£~A ! OCT 2 8 2003 PG. Parkshore Segment Project Boundary: 400' north of TS0 to 390' south of T54 Approximate Shoreline Length: 5,130' Total On-~ite Parking Spaces Public Access Public Permit Total Horizon Way 28 14 42 Velada Way 27 10 37 Adjacent Spaces 0 0 Eligible Spaces 28 27 Area determined to be publicly accessible 160" south ofT51 to 240' south of T54 Total Length 3 ,O94' Total eligible shoreline length: 3,094' Total project shoreline length: 5,130' 'cent eligible for State funding: 60.31% Attachment B-l, DEP Agreement No. 01CO1, Amendment No. 1, Page 2 of 6 F AG£NOA ITFM .o._. OCT 2 8 2003 PG. Naples Segment Project Boundary: 1,500' north of R58 to R79 Approximate Shoreline Length: 19,460' TOTAL On-site Parking Spaces Adjacent Parking Spaces Eligible Public Access Public Permit Public Permit Spaces Lowdermilk Park 52 162 0 0 52 8th Avenue North 21 0 0 0 21 7th Avenue North 10 2 0 0 10 North Lake Avenue 19 18 0 0 19 6th Avenue North 6 4 0 0 6 5°~ Avenue North 0 0 0 0 0 4th Avenue North 11 4 0 0 11 3rd Avenue North 10 4 0 0 10 2ad Avenue North 12 4 0 0 12 1st Avenue North 11 6 0 0 11 Central Drive 8 4 0 0 8 1st Avenue South 5 11 0 0 5 2nd Avenue South 7 4 0 0 7 3rd Avenue South 8 6 0 0 8 4th Avenue South 10 5 0 0 10 5~ Avenue South 21 0 20 15 41 6th Avenue South 4 8 0 0 4 7th Avenue South 10 6 0 0 10 8th Avenue South ' 6 5 0' 0 6 9th Avenue South 11 4 0 0 11 l0th Avenue South 15 6 0 0 15 1 lth Avenue South 8 5 0 0 8 Broad Avenue 20 0 28 0 48 12th Avenue South* 4 0 103 0 107 13th Avenue South 22 0 9 0 31 14th Avenue South 16 14 0 0 16 15th Avenue South 10 8 6 0 16 16th Avenue South 16 13 4 0 20 t7th Avenue South 7 3 5 0 12 18th Avenue South 12 13 14 0 26 19th Avenue South** 0 0 0 0 0 21st Avenue South 0 0 0 73 0 ~Primary beach access containing a minimum of 100 parking spaces and public restrooms. ~*Qualifies southern 140' of project area using 3 surplus spaces from 18th Avenue South. Attachment B-i, DEP Agreement No. 01CO1, Amendment No. 1, Page 3 of 6 IOCT 282003 /,_,q __ ~-':~ualifving Hotels 3gewater Motel Qualifying Shoreline 265' Area determined to be publicly accessible R59 to R79 Total Length 17,425' Total eligible shoreline length: 17,425' Total project shoreline length: 19,460' Percent eligible for State funding: 89.54% Attachment B-I, DEP Agreement No. 01CO1, Amendment No. 1, Page 4 of 6 Marco Island, Central Segment Project Boundary: 390' south of R134 to 380' south of R139 Approximate Shoreline Length: 5,020' Public Access Spaces Tiger Tail Park* 100+ On-site *Primary beach access containing a minimum of 100 parking spaces and public restrooms. Area determined to be publicly accessible 390' south of R134 to 225' north of R137 Total Length 2640' Total eligible shoreline length: 2,640' Total project shoreline length: 5,020' Percent eligible for State funding: 52.59% Attachment B-l, DEP Ageement No. 01CO1, Amendment No. 1, Page 5 of 6 Marco Island, South Segment Project Boundary: 330' south of R142 to 940' south of R148 Approximate Shoreline Length: 6,530' Public Access Swallow Avenue Spaces 70 On-site Qualifying Hotels Hilton Hotel Radisson Hotel Qualifying Shoreline 510' 350' Area determined to be publicly accessible 330' north of R144 to 500' north of R145 20' north of R146 to 780' south of R148 Total Length 860' 2,660' Total eligible shoreline length: 3,520' Total project shoreline length: 6,530' Percent elieible for State funding: 53.91% Attachment B-l, DEP Agreement No. 01CO1, Amendment No. 1, Page 6 of 6 l AG£ ~i:)A ITE~ l .o. /~,~ ~ OCT 2 8 2OO3 PC,. y/~__~ -_ _ ATTACH~IENT C-1 Comptroller Contract PasTnent Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates ,of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will [;e azceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe-benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits atmount must be shown. Exception: Governmental entities are not required to provide check numbers or copies or checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as de£med in Section 273.02, Florida Statutes, for subseqt~e, nt transfer to the State. (5) In-house charges: Charges which may be of an intemai nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. Attachment C-I, DEP Agreement No. 01CO1, Amendment No. 1, Page 1 of 1 ?. ~0._ /~,~___. j 0CT282003 ~. 17 ATTACHMENT D-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART I PAYMENT SUMMARY Name of Project: Collier County Beach Nourishment Project Grantee: Collier County Billing Number: DEP Contract Number: 01CO1 Billing Period: Billing Type: [] Interim Billing Local Share Total $ $ Local Funds Obligated Costs Incurred This Payment Request: Federal Share* State Share $ $. *if applicable Cost Summary: State Funds ObLigated $ [] Final Billing Less Previous Payment $ Less Previous Credits Less Previous Retained $ Less This Payment $ Less TNs Credit $ Less This Retainage'(10%) $ State Funds Remaining $. Local Funds Remaining $ Certification: I certify that this billing is correct and is based upon actual obLigations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beachss and Wetland Resources approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature or' Project Financial Officer Date Attachment D-I, DEP Agreement No. 01CO1, .Amendment No. 1, Page 1 of 4 t AGENDA ITEM 0CT 2 8 2003 ,, /o° FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART H REIMBURSEMENT DETAIL Name of Project: Collier County Beach Nourishment Grantee: Collier County DEP Contract Number: 01CO1 Billing Number: Billing Period: Summary of Invoices: Task Date of Invoice Amount of No./ Check Amount Paid Invoice Number Invoice (Eligible Vendor Name Number Vendor Project Item) ,$ $ $ $ $ $ $ $ $ $ $ $ $ ! $ $ $ $ $ $ $ $ $ $ $ : ':. : :'i: TOTAL:i. $ Certification: I certify that the purchases noted above were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation attached hereto and are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Attacl-ument D-l, DEP Agreement No. 01CO1, Amendment No. 1, Page 2 of 4 0CT-282003 ! ~. /~ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART III PROJECT PROGRESS REPORT Name of Project: Collier County Beach Nourishment Proiect Grantee: Collier County DEP Agreement Number: 01CO1 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 1.0. FEASIBILITY STUDY 2.0. DESIGN AND PERMITTING 3.0. CONSTRUCTION 4.0. MONITORING Attachment D-I, DEP Agreement No. 01 CO 1, Amendment No. 1, Page 3 of 4 h0. /& OCT2 82003 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART IV PROJECT FINANCIAL REPORT Name of Project: Collier County Beach Nourishment Project Grantee: Collier County DEP Contract Number: 01CO1 Report Period: Project Expenditures Costs Incurred Costs Incurred Task Eligible Project Items This Report Period to Date No. 1.0 Feasibiliw Study $ $ Total Funds Obligated $5,625 2.0 Design and Permitting $ $1,492,166 3.0 Construction $ $ $2,867,834 4.0 Monitoring $ $ $190,018 TOTAL $4,555,643 Attachment D-l, DEP Agreement No. 01CO1, Amendment No. 1, Page 4 of 4 'AGENOA IT£M F · C T 2 8 EXECUTIVE SUMMARY APPROVE RESOLUTION SUPPORTING CONTINUED STATE FUNDING OF COASTAL PROJECTS OBJECTIVE: To obtain Board approval of a resolution in support of continued state funding for coastal projects. CONSIDERATIONS: On February 25, '~ ~ =00_,, as Agenda Item 16.C.2, the Board approved a Resolution supporting continued state fi~nding of beach projects. On September 22, 2003, the Southwest Florida Beach and Inlet Convocation urged all communities to send Resolutions in support of continued state fl~nding of beach restoration projects. The Southwest Florida Beach and Inlet Convocation is an informal group consisting of representatives from Collier, Lee, Charlotte, Manatee and Sarasota Counties (city and county governments as well as the business community), along with state and federal government representatives. The Florida Shore and Beach Preservation Association drafted a Resolution for local community consideration, and the attached Resolution is their draft Resolution along with comments from the Collier County Attorney's Office incorporated. Approval oI' this Resolution would encourage the state to continue allocating funds for beach projects, which would benefit the County by reducing local expenses. FISCAL IMPACT: There is no fiscal impact associated xvith this resolution. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION' That the Board npprove the attached resolution in support of continued state funding for coastal projects. SUBMITTED BY: ~./~4/';~r' Date: Paul Kwa, P.E., Beach mtd Utilities Project Manager SUBMITTED BY: REVIEWED BY: APPROVED BY: Public Utilities Engineering ~epartment Ron Hovell, P.E., Coastal Projects Manager Public Utilities En~eefing Depa~ment Rox'~. Anderson, P.~irector Public Utilities En~egring Dcpaament ~q~s W. De~ny, P.~., AdministratOr lic Utilities D]vis~n Date: /~//'~//~ Date: Date: RESOLUTION NO. 2003- RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING TIME CONTINUED $30 MILLION IN STATE FLLNDING ANNUALLY FOR BEACH MANAGEMENT AND OPPOSING LEGISLATION THAT ALTERS THE ALLOCATION OF DOCUMENTARY STAMP TAX REVENUES TO THE ECOSYSTEM MANAGEMENT AND RESTORATION TRUST FUND. WHEREAS, beaches are Florida's most recognized and productive economic and environmental asset; and WHEREAS, sandy beaches, including those enhanced by beach restoration and nourishment, are Florida's largest playground, public park. and habitat for endangered species: and WHEREAS. Florida had approximately 75.6 million visitors in 2002, with beaches being its number one tourist attraction: and WHEREAS, according to stanstics from the year 2000. Florida's economy benefits from $21.9 billion in direct spending and $19.7 billion in indirect spending by beach-going tourists; and WHEREAS, bez~ches contribute over $l billion in tourist-related sales tax to state revenues annually: and WHEREAS. 442.000 jobs are created by beach-related tourism, with an $8 billion payroll resulting from additional spending related to Florida's beaches: and WHEREAS. over half of Florida's 825 miles of sandy beaches are experiencing erosion, with 333 miles designated by the Department of Environmental Protection as critically-eroded: and WHEREAS, the Florida Legislature, pursuant to Section 161.088 F S., has declared beach erosion to be a serious threat to the economic and general welfare of the state and its residents: and has further declared it to be a necessary governmental responsibility to preserve Florida's beaches and make provision for beach nourishment projects, and WHEREAS, the Florida Legislature, in 1998, pursuant to s. 161.091, and s. 201.15 (11), unanimously reaffirmed its commitment to our beaches by providing that designated funding of $30 million annually shall be deposited in the Ecosystem Management and Restoration Trust Fund, and that documentary stamp tax revenues shall be the source of that funding; and WHEREAS, this program represents a cost-effective intergovernmental partnership which leverages a dollar for dollar local government match, and up to 65% of the total project cost from federal sources; and OCT 2 8 2003 WHEREAS, to provide anything less than the $30 million in state funding for FY 04-05 ',','ill result in federal and state matching beach dollars being diverted to other uses. and will send a message to intergovernmental partners that the State of Florida is backing away from its commitment to healthy beaches for future generations. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY CO%/~MISSIONERS OF COLLIER COUNTY. FLORIDA, that: Collier County, Florida strongly urges the Florida Legislature to fully fund the Department of Environmental Protection's beach erosion control project priority list for FY 04-0.5 for $30 million as provided for in Chapters 161 and 201. Florida Statutes. and BE IT FURTHER RESOLVED that THE BOARD OF COLrNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, respectfully requests that the 2004 Florida Legislature oppose any legislative efforts to amend existing law ~,hich allocates $.30 million annually in certain documentary stamp tax revenues to the Ecosystem Management and Restoration Trust Fund for purposes of beach preservation and repair. This Resolution adopted this __ majority vote favoring same. dav of October, 2003 after motion, second 5nd ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COL~rTY COMMISSIONERS COLLIER COL~'TY. FLORIDA By: TOM HENNhNG, Chairman Approved as to form and legal sufficiency: He.~d~l?kSh~ton "]- 'fl''~ Assistant County Attorney AG~A ITEM~ ~o. /~ ~ .\ 2 8 2003 0121 EXECUTIVE SUMMARY AUTHORIZE AN INTEREST PAYMENT IN COMPLIANCE WITH THE FLORIDA PROMPT PAYMENT ACT RELATED TO CONTRACT 02-3348 GOLDEN GATE WELLFIELD RELIABILITY IMPROVEMENTS, PROJECT 70066, IN THE AMOUNT OF $7,397.91. OBJECTIVE: To make an interest payment in compliance with Florida Statute Section 218 related to the Florida Prompt Payment Act. Payment will resolve one of several claims generated by both ~he County and the Contractor on construction of the Golden Gate Wellfield Reliability Improvements Project. CONSIDERATIONS: This item is related to the project that added 5 additional wells to the existing 27 wells in the Golden Gate Tamiami Wellfield. The Board awarded a construction contract to Florida State Underground (Contractor) on June 25, 2002, Agenda Item 16(C)13 pursuant to Bid 02-3348 in the amount of $1,566,064.30. The Contractor achieved contract substantial completion on February 12, 2003, which is 26 days past the contract substantial completion date. The Contractor achieved final completion on April 24, 2003, which is 66 days past the contract final completion date. The final cost of the work after all change orders is $1.391,626.13 which is 11 percent less than the original award amount. The County is currently withholding retainage fi'om the Contactor in excess of $113,877.14 pending resolution of outstanding claims related to the construction contract. The Contractor submitted a letter dated May 8, 2003 outlining claims amounting to $55,641.47 and 72 contract days. The Contractor's claims included a claim for interest on late payments in the amount of $18,001.04. In an e-mail to the Contractor dated July 16, 2003, County staff provided a calculation of interest due in the amount of $8,107.29. County staff worked closely with Clerk of Courts Finance Department and determined that the correct amount of interest due is $7,397.91. Payment Application 3 was received November l, 2002. In accordance with Section 218.735 of the Florida Statutes, the County has 25 business days to make payment on an application for payment. Payment 3 was due December 10, 2002. Payment 3 was actually made January 22, 2003. The County was 43 calendar days late in making a payment to the Contractor in the amount of $201,341.84 for Pay Application 3. Rounded up to 30-day increments, interest is calculated based on 2 months. Interest at one percent per month for 2 months is $201,341.84 x 0.01 x 2 = $4,026.84. Payment Application 4 was received December 4, 2002. In accordance with Section 218.735 of the Florida Statutes, the County has 20 business days to reject an application for payment. The deadline to reject Payment Application 4 was January 6, 2003. Payment Application 4 was actually rejected January 22, 2003. The County ~vas 17 calendar days late in rejecting Pay Application 4. A payment of $337,106.88 was subsequently made to the Contractor within the allotted time. Rounded up to 30-day increments, interest is calculated based on 1 month. Interest at one percent per month for I month is $337,106.88 x .01 x I = $3,371.07. OCT 2 8 2003 Executive Summary Authorize an Interest Payment, Contract 02-3348 Page 2 The Public Utilities Engineering Department (pi. ,rE[)) inadvertently misplaced the applications for payment. This occurred as a result of PUED's original assigned Project Manager departing from County employment mid-stream in the construction project and the subsequent reassignment to a replacement Project Manager. To ensure proper tracking and timely processing of applications tbr payment on construction projects, PUED has since implemented new procedures. Prior to this issue, invoices traveled a number of paths ranging from the U.S. Postal Service to the PUED main office to hand deliveries to Project Managers in the field. It is now the policy for all invoices to be submitted by mail, or by courier, addressed to the attention of the PUED Fiscal Technician. The invoices are date-stamped "Received" at the Department's front desk, logged in by date to a spreadsheet, and audited prior to submission to Project Managers tbr signature approval. This process eliminates Project Managers as middlemen, and places them in an appropriate sequence in the pay request workflow. Once invoices have received Project Manager approval, the invoices are returned to the Fiscal Technician to be logged by date a second time. entered into the SAP system, and logged a final time upon submission to Clerk of Courts Finance Department for payment. This process has been in place 9 months and has xxorkcd very satisfactorily. FISCAL IMPACT: Funds in the amount of S7.397.91 are available lbr this payment from funds budgeted in FY 2004 for Project 70066. (i~,lden Gate Wellfield Reliability Improvements as approved by the Board on September 18, 2003. The project 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 \Vater User Fees (412). GROWTH MANAGEMENT IMPACT: Thoro is no irnpact on growth management related to this project. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of H~e Collier County Water-Sewer District, authorize an interest payment in compliance with the Florida Prompt Payment Act related to the Golden Gate Wellfield Reliability Improvement Project in the amonnt of $7,397.91. SUBMITTED BY: Date: Karl W. Boyer, P.E., Utilities Engineering Principal Project Manager t OCT 2 8 2003 PG. o557 Executive Summary Authorize an Interest Payment, Contract 02-3348 Page 3 Steph~n 5/. Carn~ll, Purchasing Director - 5'" ~?. "" Roy ~. Anderson, P.E., ~s Engineering Director " APPROVED ~DeLony, P.E., P~lic Utilities Administrator OCT 2 8 ~oa3 EXECUTIVE SUMMARY AWARD CONTRACTS 03-3427 "ENVIRONMENTAL ENGINEERING, REMEDIATION AND RESTORATION SERVICES FOR COLLIER COUNTY" (ESTIMATED DOLLAR AMOUNT OF CONTRACT NOT TO EXCEED $3,000,000 ANNUALLY PER FIRM). OBJECTIVE: To receive the Board's approval for award of professional services contracts to three firms in order to provide professional Environmental Engineering, Remediation and Restoration Services tbr multiple projects without issuing individual Requests fbr Proposal. CONSIDERATIONS: 1. On June 24, 2003, the Board approved Agenda Item No. (16) (C) (1) authorizing staff:' to begin negotiations with the three top ranked firms for professional Environmental Engineering, Remediation and Restoration Services tbr Collier County. These services include but are not limited to hazardous material spills assessment and remcdiation, and conceptual planning, designing and permitting of Recycling and Household Hazardous Waste Drop-off Centers. The three top ranked finns are: Professional Sen, ice Industries (PSI) Mactec Metcalf & Eddy 3. Contract negotiations have been successfully completed, and all three finns have agreed to the County's standardized fee schedule. 4. The Request for Proposal referenced that work orders would be issued in accordance with the County's Purchasing Policy. 5. Assignments will be implemented with Work Orders subject to a maximum of $90,000 without Board approval. 6. Work Order assignments in excess of S90,000 ,,viii be approved by the Board of County Commissioners. FISCAL IMPACT: The funding for each work order that is assigned under the approved contracts will come from each user Department required to utilize these environmental services. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the awarding of these contracts. RECOMMENDATION: That the Board of County Commissioners award professional services agreements to the three finns and authorize the Chairman to sign tine standard County Attorney approved agreements. AGENDA ITEM OCT 2 8 2003 SUBMITTED BY: REVIEWED BY: Date:/V////~._.~' Kevin H. DU ~,'~!nvir[mmental Compliance Manager, Solid Waste D.9_l~artment , 'Roy,,t~. Anderson, P.E., Director Public Utilities Engineering Department G. George Yilmaz, Director Solid Waste Management Department C_f~C~,/'~ ,'~ ( ?/" REVIEWED BY: -- , :Q ~-~-/ '-~-'~ '," Date: Stephen Y. ~rnell, Director Purchasing/Genefa~ices APPROVED BY:~~3t'~~' Date:/~~ ~ ~m~s W. DeLony, P./, Administrator ~ic Utilities Adm~istrator ,~o._ /,,'. ~.. '/ _ 0¢1 2 8 200a EXECUTIVE SUMMARY APPROVE TWO WORK ORDER AMENDMENTS, UNDER CONTRACT # 01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH COASTAL PLANNING & ENGINEERING FOR SAND SEARCH PHASE 3 AND MARINE RESOURCES INVESTIGATION AS PART OF THE COUNTY-WIDE SAND SEARCH, PROJECT 90527, IN THE COMBINED REDUCED AMOUNT OF $26,509 OB.JECTIVE: To obtain Board of County Commissioners approval of two work order amendments with Coastal Planning & Engineering for offshore sand search phase 3 and marine resources investigation as part of the county-wide sand search in the total reduced amount of $26,509. CONSIDERATIONS: 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, Coastal Planning and Engineering (CP&E) and Taylor Engineenng. 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 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 submitted proposals for phase 3 of the sand search and the marine resources investigation in the lump sum amounts of $471,000 and $428,000 respectively. These proposals were approved by the BCC on June 24, 2003, Agenda Item 16.C.19. The Florida Department of Environmental Protection (FDEP) is in the process of amending a contract to include partial reimbursement to Collier Courtly for these work orders. Some of their requirements were not included in the original proposals though the work has been conducted in accordance with FDEP's requirements. Additionally, the Clerk of Courts Finance Department inquired about some of the rates in the proposals and CP&E agreed to reopen negotiations. CP&E has submitted revised proposals that address FDEP's requirements as well as the issues raised by the Finance Department. These proposals are $445,860 ($25,140 less than original) and $426,631 ($1369 less than original) respectively. OCT 2 8 2003 FISCAL IMPACT: The funding reductions for these work orders will be returned to the project budget. The source of funds is the Tourist Development 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 two work order amendments with Coastal Planning & Engineering to be executed by the Chairman: 1) Sand Search Phase 3 in the reduced amount of $25,140 and 2) Marine Resources Investigation in the reduced amount of $1,369; and authorize the Public Utilities Administrator to execute the two work order amendments. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~?~'~~: Date: R, on Hovel.ly~., Special Projects Manager . '};~ d~-~~ Date: ~) B; Anderson, P.E., Public Utiliti~ngineering ~irector ~, ¢. ~~/ Date: Stephen Y. Cffmell, ~hasin~'General Se~ices Director ~s W. DeLony, ~., Public Utilities Administrator i OCT 2 8 2003 WORK ORDER #CPE-FT-03-04 Amendment # 1 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 kno~vn as County-wide Sand Search (90527) - Detailed Sand Search and Cultural Resources Investigation. The work is specified in the original proposal dated June 6, 2003 and as additionally specified in the proposal dated September 25, 2003, which is attached hereto and made a part of this Work Order Amendment #1. 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 that completely replaces the original payment schedule. Task I S165,358.00 Task II $207,850.00 Task III $34,850.00 Task IV S37,802.00 TOTAL $445,860.00 Any change xvithin 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., Special Projects Manager Date REVIEWED BY: Roy B. Anderson, P.E., PUED Director Date REVIEWED BY: Stephen Y. Carnell, Purchasing/General Services Director Date ACCEPTED BY: James W. DeLony, Public Utilities Administrator Date ACCEPTED BY: Coastal Planning & Engineering Authorized Company Officer Thomas J. Campbell, P.E., President Type or Print Name and Title Date WORK ORDER #CPE-FT-03-05 Amendment # I 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) - Marine Resources Investigation and Permitting. The work is specified in the original proposal dated June 6, 2003 and as additionally specified in the proposal dated September 25, 2003, which is attached hereto and made a part of this Work Order Amendment #1. 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 that completely replaces, the original payment schedule. Task I $34,854.00 Task II $67,686.00 Task III $31,853.00 Task IV $89,579.00 Task V $74,659.00 Task VI $100,000.00 Task VII $28,000.00 TOTAL $426,631.00 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., Special Projects Manager Date REVIEWED BY: Roy B. Anderson, P.E., PUED Director Date REVIEWED BY: Stephen Y. Carnell, Purchasing/General Services Director Date ACCEPTED BY: James W. DeLony, Public Utilities Administrator Date ACCEPTED BY: Coastal Planning & Engineering Authorized Company Officer Thomas J. Campbell, P.E., President Type or Print Name and Title Date ~G£NOA tT£~ ~ OCT 282003 COASTAL PLANNING & ENGINEERING, INC. COASTAL & OCEAN ENGINEERING COASTAL SURVEYS BIOLOGICAL STUDIES GEOTECHNICAL SERVICES 2481 N.W. BOCA RATON BOULEVARD, BOCA RATON, FL 33431 8500.13 (561) 391-8102 Fax: (561) 391-9116 Internet: http://www.coastalplanning.net E-maih mail@coastalplanning.net September 25, 2003 Ronald Hovell, P.E. Coastal Projects - Public Utilities Engineering Dept. Collier County Government Center 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 Subject: Modifications to Collier County Work Order Dear Ron: The enclosed modifies the scope of services for the Sand Source Investigation, Marine Investigation and 7-year Monitoring Su~'ey and Report. The first two scopes are modified per your changed spreadsheets, which modifies the method fl0r computing cost. The Monitoring Surv.ey scope is modified to incorporate the FDEP instruction into the scope of work description. Changes are shown in italics. This letter constitutes our approval of these changes. If you have any questions, please call me. Sincerely, COASTAL PLANNING & ENGINEERING, INC. F:',CPE'_Proposais Collier's2003 Proposals',,Modification Sept 25 cxr.hr.doc Enclosure CC: Tom Campbell Sure Beumel SAND SOURCE/MARINE INVESTIGATIONS MODIFIED SCOPE OF SERVICES The fee proposals for the following scopes ofxvork (v¢ork orders) are modified as shown belo~v. The price for the Sand Source/Geotechnical Investigation will be $445,860, a decrease from the original proposal. The cost for the Marine Resources Investigation and Permit Application is $426,631, a moderate decrease in price. The changes reflect administrative modifications to the spreadsheets. The individual task amounts are shown below. Sand Source/Geotechnical Investigation Scope of Services CPE-FT-03-04-90527 Task Cost Description Cost Detailed Seismic, SS Sonar and Fathometer Sun'eys of Candidate Borrow Sites. $165,358.00 II Vibracoring. S207,850.00 III Reports and Presentations: $34,850.00 Cultural Resources Magnetometer/Side Scan Survey/Seismic/Fathometer $37,802.00 Task l Marine Resources Investigation and Permit Application North Collier County Renourishment Project Scope of Services CPE-FT-03-05-90527 Description State and Federal Resource Protection Agency Field Investigation Program Development and Coordination Nearshore Hardbottom Investigation of Study Area l Between DEP Monuments R-I 8 and R-35 - Vanderbilt / Pelican Bay Segment Nearshore Hardbottom Investigation of Study Area I Extension Between DEP Monuments R-35 and R-40 - Pelican Bay Segment Nearshore Hardbottom Investigation of Study Area 2 Between DEP Monuments R-44 and R-57 - Park Shore Segment Nearshore Hardbottom Investigation of Study Area 3 Between DEP Monuments R-58 and R-83 - Naples Segment State and Federal Joint Coastal Permit Application Development and Submittal Pipeline Corridor Side Scan Sonar Mapping Cost $34,854.00 $67,686.00 $31,853.00 $89,579.00 $74,659.00 $100,000.00 $28,000.00 so. C_ ~ OCT 2003 PG.. COLLIER COUNTY BEACH RESTORATION PROJECT 7;n ANNUAL MONIORING REPORT AND SURVEY (FY 2003) FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT SCOPE OF SERVICES Introduction: This is a scope ofxvork for coastal engineering and survey services required to monitor the beach seven years after construction of the Vanderbilt, Park Shore and Naples Beaches Segments. The monitoring area extends from the north county line to one mile south of Gordon Pass, and consists of 110 profile lines. The state permit for the project requires project monitoring. Monitoring provides intbrmation on the project performance necessary to predict the timing of renourishment, measure the performance, and provide technical information for future engineering. The services include onshore and hydrographic profile surveys and preparation of a monitoring report. 1. Beach Profile Survey $79,945 CPE ,,viii survey 94 primary beach profiles and 16 intermediate/supplemental beach profiles between Department of Environmental Protection's DNR reference monument R-1 through reference monument R-94, which extends from the north county line to one mile south of Gordon Pass. These profiles will be measured along the same azimuth previously surveyed and commence at a point landward of the 1996 beach fill and extend seaward to a depth of-16.0 feet NGVD, or a minimum of 2000 feet seaward of the mean high water, whichever is the greater distance. Prior to the start of the survey, a reconnaissance xvill be made to confirm that the control points are still in place and undisturbed. RTK (Real Time Kinematics) GPS will be used for placement of new control points as well as confirming some control points from previous surveys. These monuments will be constructed out ora durable recycled material 36 inches long with a 5/8 iron rod inside with a stamped brass disk attached. Using a site calibration method, control points will be set with a closure tolerance required for 3rd order accuracy. The onshore or beach profile portion of the survey will commence at the monument, top of seawall, or landward limit of the 1996 fill (which ever is seaward) and extend seaward to a point overlapping the offshore component of the survey at a depth of between -3 and -6 ft NGVD. A survey truck is the desired support vehicle, although an ATV with tire pressures less than 10 psi can be used to support dry beach survey activities. Data will be collected with standard differential leveling techniques using automatic level, twenty-five (25) foot fiberglass survey rod, and laser range finder with prism. Elevations will be taken at approximately twenty-five (25) foot intervals along each profile line and at all grade breaks or inflection points. Sufficient data will be collected along each profile to adequately define significant features such as the vegetation line, dune crest, seawalls, swales and erosion scarps. Each profile will begin at the designated monument and run via a closed level loop with closure tolerances not exceeding .05 feet. The seaward limit of each onshore line will be overlapped with the landward limit of the hydrographic survey by a minimum of fifty feet. 0CT 2 8 2003 Scope of Services Collier County 7th Year Monitoring Surwey and Report Page 2 During the hydrographic survey, depths will be collected at approximately twenty foot intervals with final processed data reflecting a maximum interval of fifty feet. The hydrographic survey will be conducted using a survey launch (boat) with centrally mounted transducer. The positioning of the survey vessel is on a predetermined grid azimuth using a Trimble real-time Differential Global Positioning System (DGPS) with differential corrections provided via Coast Guard Beacon (Tampa). Vessel navigation will be controlled by the Coastal Oceanographics "HYPACK" system. Horizontal positioning checks will be conducted at the beginning and end of each day using fixed objects or known control points to verified position. Soundings will be collected using an Innerspace model 448 with digitizer Fathometer. The fathometer will be calibrated prior to the start of the survey following manufacturer recommended procedures, including a bar check at the start and end of the each day. Bar checks will be performed from a depth of four (4) feet to a maximum depth of sixteen (16) feet. Analog data showing the results of the bar check calibration will be displayed on the Fathometer charts at five (4) foot increments during descent and ascent of the bar. Supplemental calibrations will be made by use of a velocity meter. Tide levels and corrections will be made from observations of a stilling well attached to a survey rod at various locations along project site. Horizontal position accuracy will be verified using published control points. Intermediate Lines and Pile Cluster Evaluation Surveys supplement the primary FDEP survey lines. These surveys will extend offshore to a depth of- 16 feet NGVD or 2,000 feet, whichever is greater. a. Park Shore has eight intermediate profile locations that `.vill be surveyed and evaluated along with the primary FDEP profiles located between R49 and Doctors Pass. The extra profiles are used to evaluate the impact of the Doctors Pass north jetty extension and the performance of the unfilled beach segments.. b. Pile Cluster Evaluation: Eight (8) additional profiles will be surveyed to support monitoring of the Pile Cluster Groin on Naples Beach. These lines will be taken at 200-foot intervals from the pile cluster. 2. Monitoring Report Preparation $13,880 An engineering report ,,',rill be prepared containing annual monitoring results compared to the previous year (July 2002) and post-construction conditions. The changes in shoreline width, beach sand volume, and other pertinent beach characteristics will be described and illustrated in tables and figures. The engineer will attend a CAC meeting if requested to present the results from the annual monitoring report. n0. /~, OCT 2 8 2003 PG. 12(2 Scope of Services Collier County 7th Year Monitoring Sur~,'ey and Report Page 3 The monitoring report will use the preliminary design standards developed last year as a basis for measuring the project performance and identifying erosion hot spots. The performance standards are the added and total beach xvidth standards described in the 6-year monitoring report. All survey data and new su~'ey control information shall be submitted in ASCII format. The digital data shall be formatted according to the FDEP specifications. Fifteen copies of the report will be prepared for the County and FDEP needs. Thc su~'ey will be documented to the standards described in FDEP August 25,2003/v[emorandum by Echo Gates. Exceptions will include any additional field work if the survey was completed prior to August 25, 2003. F:"CPE',_ProposalsX~Collier\2003 Proposals\9-25-03.doc .o. /r.e_.. OCT 2 8 2003 EXECUTIVE SUMMARY APPROVE TWO BUDGET AMENDMENTS IN THE TOTAL AMOUNT OF $31,850 AND A WORK ORDER AMENDMENT WITH GREELEY AND HANSEN LLC UNDER CONTRACT ~00-3119, FIXED TERM PROFESSIONAL UTILITY ENGINEERING SERVICES, FOR THE UPDATING OF THE COLLIER COUNTY UTILITIES STANDARDS IN THE AMOUNT OF $31,849, PROJECT 70202 OBJECTIVE: To obtain Board approval of a Work Order Amendment and two Budget Amendments to assure the quality of water and sewer systems for the benefit of water and sewer rate payers. To create and refine a "Collier County Utilities Technical Specifications and Design Manual," which will be used as a reference document for local engineering and construction contractors. CONSIDERATIONS: On June 10, 2003, under Agenda Item 16.C.10, the Board approved funding to start the process of merging and updating the "Collier County Utilities Standard Specifications for Water and Sewer Main Construction" and the "Collier County Utilities Technical Standards Manual" into one document called the "Collier County Utilities Technical Specifications and Standards Manual." The merging portion of the task was completed August 29, 2003. On September 29, 2003, the Project Manager met with the Public Utilities Engineering Department (PUED) Director, several Senior PUED Project Managers, the Wastewater Department Director, several members of the Development Services Advisory Committee (DSAC) Utilities Subcommittee, and the Consultant to discuss the new product. It was decided that the product was not specific enough for development engineers, and that a design criteria section would be needed. The new product would be called the "Collier County Utilities Technical Specifications and Design Manual" (TSDM). Additional funds are needed for the Consultant to perform follow-through new scope tasks as a final phase to this updating project as follows: 1) Prepare the second, third, and final drafts of the TSDM, which includes incorporating comments since the previous drafts from the Assistant County Attorney, DSAC Utilities Subcommittee (Utilities Subcommittee), Community Development and Environmental Services Division (CDES), Public Utilities Division (PUD) and Consultant, and 2) Attend four Utilities Subcommittee meetings and one Development Services Advisory Committee (DSAC) meeting to present and discuss proposed updates. The above tasks require that the Project Manager, Consultant, DSAC, Utilities Subcommittee, CDES, PUD, and Assistant County Attorney work closely with one another to develop a final TSDM document. This project marks the first time that the County will hire an outside consultant to assist in revising and improving the "Technical Specifications for Water and Sewer Main Construction" and the "Technical Standards Manual," in an effort to assfire the qu,,ality of a 2003 Executive Summary Funding for Collier County Utility Standards Page 2 new systems being constructed by new developments, County relocate projects, and other County projects involving new lines and/or systems being installed. The Manual has historically been, and will continue to be, revised every one to two years as needed. The "Technical Standards Manual" was last updated on October 15, 2002. The "Technical Specifications for Water and Sewer Main Construction" has not been updated for several years, is sorely in need of updating, and is outdated. This project will merge the Specifications and Standards into one document called the "Collier County Utilities Technical Specifications and Design Manual." Staff has reviewed and negotiated an amendment to the Consultant's Work Order for the follow-through services and determined the scope and fees to be fair and reasonable based on: 1) the work done in the first phase of this project involving creation of 320 pages of the TSDM at a cost of $30,000, 2) similar work done on other Collier County projects, 3) the five coordination meetings the two Consultant representatives need to attend, and 4) the fact that they will be bringing into play three Senior Utilities Professional Engineers with extensive utilities experience to review and make recommendations for polishing the Manual. The amount of $31,849 is needed for this six-week effort to revise and agree upon the final wording of the pages of the TSDM. This project is a part of the FY03 Capital Projects Budget for Water and Wastewater Users as adopted by the Board on September 18, 2002, Agenda Item 2. This Utilities Standards Project is consistent with the Water and Wastewater Master Plans as adopted by the Board on February 25, 2003, agenda items 10.A and 10.B. The updated TSDM is scheduled to be complete by March 2004. FISCAL IMPACT: Funds in the amount of $15,925 need to be transferred from the Reserves for Water Capital Outlay (994121) to the Water County Utility Standards Project (702023) in the Water Capital Fund (412). Source of fi~nds is Water User Fees. Funds in the amount of $15,925 need to be transferred from the Reserves for Sewer Capital Outlay (994141) to the Wastewater County Utility Standards project (702022) in the Wastewater Capital Fund (414). Source of funds is Wastewater User Fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact related to this action. RECOMMENDATION: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve the two necessary Budget Amendments in the total amount of $31,850 and a Work Order Amendment with Greeley and Hansen LLC in the amount of $31,849 related to updating the Collier County Utilities Standards. Executive Summary Funding for Collier County Utility Standards Page 3 SUBMITTED BY: ,/ v'( Date: Pa~ Kwa, P.E., Project Manager · Pah"l Mattausch,,Public ~Jtilities Water Department Director REV1EWEDBY: (~ ~'/] 'ff Date: Jqe Cheatha_m, Public Utilities Wastewater Department Director ~ R~y B. Anderson, P.E., Public..,lgff~ies Engineering Director /~s W. DeLony, P.E., Pub,~'tilities Administrator OCT 2 8 20O3 _ PG. ,.,i~,,,'~_~ EXECUTIVE SUMMARY WAIVE THE PURCHASING POLICY VII (F) AND AUTHORIZE STAFF TO MODIFY TIlE PURCHASE ORDER TO ADVANCED CONTROL CONSULTING IN THE AMOUNT OF $7,500 FOR PROJECT 74033 OBJECTIVE: To ensure quality of final delivered product as initially envisioned, and to instill adequate operability and reliability of the Reuse System Telemetry. CONSIDERATIONS: The current purchase order in the amount of $21,500 was issued October 15, 2001 to Advanced Control Consulting under Purchasing Policy VII (F), which states that professional services equal to or less than the formal competitive threshold may be approved by the Purchasing Director. The formal competitive threshold is established as a maximum of $25,000 per contract. Services offered and performed as part of the base proposal included, but were not limited to, providing design specifications, reviewing and evaluating prospective contractor proposals, recommending selection of installation contractor, performing reviexv of contractor's submitted plans and schedules, conducting field inspections and site observations, and perforating various administrative tasks as the Engineer-of-Record. During the progression ofxvork, predominantly during the construction and integration phases, it xvas realized that the magnitude of the Supervisory Control and Data Acquisition (SCADA) system xvas much greater than anyone realized, or could have engineered up-front. Therefore, with these unanticipated circumstances, the project cannot be completed for the original contract amount of $21,500. A continuation of services is needed to closeout the project. Advanced Control Consulting has provided a proposal to complete the work in the amount not to exceed $7,500. A copy of the proposal is attached. The proposed work includes assisting County staff in resolving related I&C contractor issues, de- bugging pre-existing systems integration work, and making recommendations for sustained operation and maintenance. These additional services were deemed as unforeseen in that they were not delineated in the base scope of work, but were discovered as issues that needed to be addressed as the project proceeded. Staff has reviewed the proposal and determined the scope and fees to be fair and reasonable. Should the Board elect to not approve this waiver (and thereby reject the proposal for these additional services), the project execution through the current engineer would be terminated prior to its completion, and then the County would need to pursue additional engineering services from another source to complete the work. Bringing in another firm to finish would entail disadvantages to both time and financial resources because the County could ..end rip paying txvice for many of the same services already provided. Based on their immediate familiarity with the project from its onset, Advanced Control Consulting, as the Design Engineer-of-Record for the initial phases of the project, is the OCT 2 8 2003 ! Executive Summary Waive Purchasing Policy VII (F) Page 2 recommended choice to perform the additional services required that will result in completion and close-out of this project. Tentative approval from Purchasing Department has been received. Staff recommends that the Board waive the formal competitive threshold for professional services as requested herein in order to modify Purchase Order 107553, for Time and Materials not to exceed the amount of $7,500, in the best interest of the County. FISCAL IMPACT: Funds in the amount of $7,500 are available in the Sewer Capital Fund 414 in Project 74033, Reuse System Telemetry. The scope of work is consistent xvith funds budgeted in FY 04, as approved by the Board on September 18,200:3. The anticipated modification to the contract is consistent with the 2002 Update to the Wastewater Master Plan as adopted by the Board on February 25, 2003 as Agenda Item 10(B). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, waive the $25,000 Upper Limit as stipulated in Purchasing Policy VII (F) and authorize staff to modify Purchase Order 107553 to Advanced Control Consulting in the amount of $7,500, bringing the purchase order total to $29,000. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: Dennis McGee, P.E., Instrumentation/SCADA Manager, PUED ~..~,..)d..~,~ ~ Date: Karl Boyer, P.E., Public Utilities Engineering Principal Project Manager Roy B. Anderson, P.E., Public Utilities Engineering Director h Date: 10]~' eatham, Wastewater Director REVmWED BY: . '~ 1 ?7, Date: 10 ~{~ Steph~n ~. ~mell, eu~h~irector APPROVEDB Y:~ (~ ~ ~ Dat~~~) //~ Jame~ W. DeLony, P.E., Pu~c Utilities Administrator OCT 2 8 2003 Optimization, Modeling and Control for the Water and Wastewater Industry October 7, 2003 Dennis McGee Instrumentation/SCADA Manager 3301 East Tamiami Trail Building H Naples, FL 34112 Re: Proposal for Services Dear Mr. McGee: We appreciate the chance to further assist Collier County in engineering services. Please find enclosed a proposal pertaining to the requested services. If you have any questions, please contact me. Sincerely, Jeff Harmon President, PhD, PE Advanced Control Consulting OCT 2 8 2003 Page 2 of 2 October 9, 2003~ I PROPOSALFORSERVICES Introduction Collier County Public Works wishes to make further improvements to its telemetry and control capabilities within the reuse system. As a follow-up to previous engineering efforts, this proposal is for general services for consulting for supervisory, control and data acquisition ("SCADA') systems. The goal of these services is to provide the county with expertise to make cost effective decisions involving engineering, design, construction, operation and maintenance towards the termination of the Reuse Telemetry System Improvement Project. Tasks The services to be provided shall be covered within the following task assignments: Task(l) Contract Resolution. The contractor provided work and materials in addition to the original contract for services. Some more work is needed to complete the project, to provide for a system to operate more fully to its capabilities and enhance the reliability throughout. Collier County wishes to firmly define the extent of and substantiate these additional services, and to ensure that the contractor is understanding of his obligations of the original Scope of Work, as well as the determinations made concerning these additional services. ACC will assist the county in delineating between Base Scope work, acknowledged and authorized additional services, and disallowance of unrequested or unsubstantiated work elements. ACC will assist in the termination of the contract and additional work to make sure all services have been provided to industry and utility standards. Task (2) Telemetry/SCADA System Refinement and De-bugging. ACC will perform diagnostics, analysis and troubleshooting of the system to ensure system operability is adequate and reliable, and to make recommendations to the County concerning functionality and means for improvement. Areas of concern, as have been identified through the construction and implementation phases of the project, center on SCADA software/driver issues, potential PLC programming hardships, and radio communications difficulties. ACC will provide consulting including software releases, service packs, patches, hot fixes, and hardware upgrades. ACC will provide consulting ACC will provide consulting services covering security issues in control and data acquisition systems. Task (3) Project Close-out Services. ACC will review necessary fulfillment documents and other deliverables as required by the contractor to satisfy the terms of their contract. Services include Operations and Maintenance Manual ("O&M") review, training scheduling and agenda supervision, and procurement of all other material deliverables as required by the contract or otherwise requested by the County. Time and Compensation The proposed work shall not exceed 90 days from Notice To Proceed The work covered under this agreement shall not exceed $7,500. Charges shall be billed by the following rates. Hourly: $125 (min 2 hrs) Per Day: $1000 Per Week: $4000 Jeff Harmon President, ACC EXECUTIVE SUMMARY APPROVE A NEW AGREEMENT FOR DELIVERY AND REUSE OF RECLAIMED WATER AND TERMINATE THE EXISTING AGREEMENT BETWEEN THE COLLIER COUNTY WATER-SEWER DISTRICT AND WINDSTAR CLUB, INC. OBJECTIVE: That the Board of County Commissioners, Ex-officio, the Governing Board of the Collier County Water-Sewer District ("District') approve a new Delivery and Reuse of Reclaimed Water Agreement and terminate the existing Reclaimed Water Agreement between the County and Windstar Club, Inc., dated November 28, 1987. CONSIDERATION: The District and Windstar Club, Inc. ("Windstar") have agreed to terminate the existing Agreement for Delivery and Reuse of Reclaimed Water, including its Addendum No. 1 and its Addendum No. 2, and to concurrently enter into a new Reclaimed Water Agreement ("the new Agreement"). County Staff has met with representative of Windstar and has reached concurrence on operational conditions and terms that are included in the new Agreement. The new Agreement addresses concerns regarding long-term resources for reclaimed water usage for irrigation. It specifies, according to its provisions, that for twenty-five (25) years from its "date of commencement" the District will provide reclaimed water to Windstar at the specifically described service site. The new Agreement, like all similar agreements, provides that its provisions will be amended at five (5) year intervals to coincide with other like then existing agreements. The new Agreement provides that the District will supply, and Windstar will accept, seven hundred and fifty thousand (750,000) gallons per day of reclaimed water. The new Agreement specifies a 180-day notification timeline requirement prior to termination or transfer of the new Agreement. If Windstar should annex into a municipal corporation, the District has the .right to terminate the new Agreement because of such annexation. FISCAL IMPACT: No fiscal impact is associated with the new Agreement because its rates are in accord with the current rate structure; however, there will be a fee of less than $25.00 to record the new Agreement. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with the new Agreement. The new Agreement is consistent with the 2002 Collier County Growth Management Plan and the Public Facilities Element - Sanitary Sewer Sub-Element. RECOMMENDATION: Staff recommends that the Board of County Commissioners, Ex- Officio, the Governing Board of the Collier County Water-Sewer District approve the new Delivery and Reuse of Reclaimed Water Agreement with Windstar Club, Inc.; and by approval of this Executive Summary, authorize Chairman Tom Henning to execute the new Agreement; on behalf of the District and also authorize Staff to record the new Agreement in the Collier County Official Records (408-233313-649030). : AG[NOA IT[Il OCT 2 8 2003 SLFBMITTED BY: // Date: Lob ~.} O Rober, '," Reuse Coordinator REVIEWED BY. "~-~ ?;,,,~+q~ Date: I 0 Jo~ph Cheatham, Wastewater Director REVIEWED BY: f~(~ ~ (~.-4.~ Date: leo !, ~?Lv~ 1~°m W-~SLr~b~blicb'~*t~!~D~ °f Operati°n s APPROVED BY: <'~,.~2'-~r ~ ~/~~ Date:~L'~/~ __s WfDeLony, P.E., Publiltilities Admi 'st ato OCT i 8 2003 AGREEMENT FOR DELIVERY AND REUSE OF RECLAIMED WATER THIS AGREEMENT is made and entered into this __ day of ,2003, by and between WINDSTAR CLUB, INC. (hereinafter referred to as "User") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, (hereinafter referred to as "District"). User is used as singular or plural, as context requires. RECITALS: WHEREAS, the District is desirous of obtaining long-term disposal facilities for treated wastewater effluent and/or supplemental water resources (herein referred to ag "Reclaimed Water") provided to the User by the District: and WHEREAS, User is desirous of obtaining from the District Reclaimed Water as a long term resource for approved uses located upon the lands described in exhibit A, attaclned hereto (hereinafter referred to as "Property"). WHEREAS, the District and User agree this Agreement will replace, in its entirety, tine existing agreement for delivery and use of treated wastewater effluent for spray irrigation, xvhich is recorded in OR BOOK 1319, pages 1304 through 1337, and a Sewerage System Lease Agreement Addendum, dated November 18, 1987, recorded at OR Book 1319, pages 1338 - 1340, public records of Collier County, and a 2 page Addendum No. 2, dated October 23, 2001 (wlfich is not recorded); and WHEREAS, the Utility Easement dated May 2, 1990, copy attached, is not affected by this Agreement; and WHEREAS, the District and User agree that in the event that Windstar Club, Inc. annexes into a Municipal Corporation this agreement will be terminated according to the provisions provided for herein. WITNESSETH NOW THEREFORE, in consideration of the covenants hereinafter contained and other good and valuable consideration, the parties hereto agree as follows: USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. User has requested that the District provide available reclaimed water to User. User represents and warrants to District that the party or parties identified herein as User constitutes all persons and entities who are record owners of the Property, which is described in exhibit A. NO.~ OCT 2 8 200 QUANTITY. The User agrees to accept from the District seven hundred and fifty thousand (750,000) Gallons Per Day of reclaimed water for approved uses for a period of twenty- five (25) years from the date of this Agreement. At the end of the initial twenty-five (25) year period, and within approximately ninety (90) days before the end of each successive five (5) year period thereafter, this Agreement shall be amended and revised to reflect all of the terms and provisions then being incorporated in like agreements by the District for delivery and use of reclaimed water and thereafter renewed for successive five (5) year periods, unless terminated by either party as provided for herein o QUALITY. The reclaimed water shall be supplemental water resources or effluent from a tertiary treatment process (which involves secondary wastewater treatment, filtration and high level disinfection) as required by the Florida Department of Environmental Protection, and shall meet the criteria for approved uses of reclaimed water for reuse purposes. The reclairned xvater shall be in accord with all requirements of permits issued by local, state and federal regulatory agencies with jurisdiction over such activities. POINT OF DELIVERY DEFINED. The point of delivery of reclaimed water shall be where the reclaimed water passes "TO THE USER'S ON-SITE LAKE STORAGE" as described on exhibit B attached hereto. The District shall own, operate and maintain the reclaimed xvater distribution system and shall be deemed to be in possession and control of the reclaimed water therein upstream of the point of delivery. The User shall own, operate and maintain the reclaimed water distribution system and related lake storage facility, and shall be deemed to be in possession and control of the reclaimed '~vater therein downstream of the point of delivery. "Point of delivery" is used as singular or plural, as the context requires. DISTRICT RESPONSIBILITIES UPSTREAM OF THE POINT OF DELIVERY. The District, where required, shall be responsible for the design, construction, permitting, financing of all costs and placing in operation the reclaimed water delivery system up to the point of delivery. The District, where required, shall bear all costs of operation and maintenance of the reclaimed water delivery system up to the point of delivery. USER RESPONSIBILITIES DOWNSTREAM OF THE POINT OF DELIVERY. The User shall take full responsibility for the design, construction, permitting, financing of all costs and placing in operation the reclaimed water delivery system downstream of the point of delivery. The User shall bear all costs of operation and maintenance of the reclaimed water delivery system downstream of the point of delivery. STANDARD OF MAINTENANCE. User shall maintain all reclaimed water distribution facilities downstream of the point of delivery at standards equal to the maintenance standards for comparable utility facilities maintained by the District. After reasonable notice to User, the District shall have the right, ut not AGENOA IT[t~ . 2 ,0. /r~r*~ I\ OCT 2 8 2003 _?_%,, '/. ,,,. the duty, to enter upon the Property to correct any maintenance deficiencies and charge the User therefor. 8. RATE TO BE CHARGED FOR RECLAIMED WATER. For furnishing of the reclaimed water, the District shall initially charge and User shall pay the sum of twenty-seven cents ($0.27) per thousand gallons (herein referred to as the initial "reclaimed water rate") for reclaimed water. The District is providing reclaimed water to User at this rate pursuant to the Agreement between the Parties that is being superceded by this Agreement. o 10. 11. 12. RATE CHANGES. From time-to-time, the District shall have the right to decrease or increase the reclaimed water rate upon providing thirty (30) days prior written notice of a rate change. Any increase in the reclaimed water rate shall only arise from the District's increase in costs of representing production, treatment and delivery of reclaimed water or as the result of a rate study or Ordinance that determines that an increase in the reclaimed water rate is required to finance the costs of production, treatment and delivery of reclaimed water. Any rate increase shall be the same increase or rate change to similarly situated users. The purpose is to supply reclaimed water to User that is then being charged to other similarly situated Users, the same being other Users that are then in the same rate class at User. BILLING. The District shall bill the User monthly for the reclaimed water quantity delivered. Should the User desire additional reclaimed water, and the District is willing and able to supply reclaimed water exceeding the amount agreed upon herein, the User shall be billed for this additional amount within the normal billing procedures. Any additional reclaimed water delivered will be billed at the then prevailing reclaimed water rate for User's customer class. The User shall make payment to the District within thirty (30) days of the date of the monthly statement. UNPAID FEES ARE A STATUTORY LIEN. The User acknowledges that in the event the fees, rates or charges of the facilities provided for under this Agreement shall not be paid and become delinquent, any unpaid balance and all interest accruing thereon shall be a lien on the affected property pursuant to Chapter 153, Part 1I, Florida Statutes, as amended, and pursuant to the Special Act that pertains to the District, RECLAIMED WATER AVAILABILITY. The District shall make a diligent effort to make available to User the agreed upon minimum quantity of reclaimed water over a 24-hour period. It is the express intention of this Agreement that this minimum quantity of reclaimed water shall be available for withdrawal by User over the 24-hour period from the storage facility located on the Users property. : AGE ' & IT£1~ OCT 2 8 2003 13. USER EMERGENCY SITUATIONS. In the event of an elnergency, as defined below, User shall notify any of those District representatives set forth herein and request that pumping of reclaimed water temporarily cease. Such notice shall be in writing where circumstances permit and, in the event of an ilnmediate emergency, such notice may be by telephone with subsequent ~vritten confirmation. It is understood by both parties that District anticipates that it can assist User with the storage and non-delivery of reclaimed water for a period not to exceed tlu:ee (3) days in such an emergency situation. Such storage of reclaimed water, however, shall be subject to the rules, regulations and directives of the Department of Environmental Protection. Emergencies shall include but not limited to: (a) Climactic conditions such as hurricanes, floods or unseasonably excessive rainfall that makes it impossible for User to accept reclaimed water. (b) Short term equipment or material failure, making it impossible for User to store or distribute the reclaimed water. (c) An act of God that makes it impossible for User to accept, store or distribute the reclaimed xvater. 14. NOTIFICATION OF DISTRICT. Those representatives of District who shall be notified in the event of an emergency are: (a) Collier County Public Utilities Administrator 3301 E. Tamiami Trail (239) 732-2554 Naples, Florida 34112 (b) Collier County Wastewater Director 6027 Shirley St. (239) 594-1731 Naples, Florida 34109 (c) Collier County Reuse Coordinator 6027 Shirley St. (239) 593-0336 Naples, Florida 34109 15. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER RECLAIMED WATER. User shall not hold the District liable for failure to deliver reclaimed water if a reasonable situation preventing such delivery exists. Such situations shall include, but not be limited to: (a) A lack of reclaimed water due to a loss or lack of floxv to the treatment plant or due to process failure. (b) Contamination in the reclaimed water making it unusable for approved uses. OCT 2 8 2003 (c) Equipment or material failure in the reclaimed water delivery system, including storage and pumping. (d) An act of God that makes delivery of reclaimed water by the District not reasonably feasible or impossible. 16. NOTIFICATION OF USER. The representative of User who shall be notified in the event of an emergency or District's inability to deliver reclaimed water is: (a) Bobby Paoletta, Superintendant, Windstar Club Inc. 1700 Windstar Blvd. Naples, FI. 34112 (239) 775-5233 If and when emergency situations occur, the District shall notify User by telephone and follow up xvith a letter stating the nature of the emergency and the anticipated duration. 17. WRITTEN NOTICE OF ADDRESS AND TELEPHONE CHANGES REQUIRED. The District and the User may change the above mailing address and/or phone numbers at any time upon giving the other party written notification, return receipt requested, by U.S. Mail. 18. USE OF RECLAIMED WATER. Except as set forth above, User shall accept the reclaimed water delivered by the District and use it for approved uses on the Users property in any mmmer determined by User, except that the use of reclaimed wat'er shall be consistent with then applicable local, state and federal regulations. Except as the normal use of the irrigation system may incidentally spray reclaimed xvater into the lakes, ponds, ditches and sloughs on the Property, User shall not discharge reclaimed water directly into the surface waters of the State of Florida without written authorization from the South Florida Water Management District and the Department of Enviromnental Protection. User shall take reasonable precautions, including signs, labeling and color-coding to prevent confusion between reclaimed water and other water sources downstream of the point of delivery. The District shall be deemed to be in possession and control of the reclaimed water until it has been delivered to User at the point of delivery, after which delivery User shall be deemed to be in possession and control of the reclaimed water. 19. EXCUSE FOR PERFORMANCE BY GOVERNMENTAl. ACTS. If for any reason during the term of this agreement, local, state or federal govenmuents or agencies shall fail to issue necessary permits, grants necessary approvals, or shall require any change in the operation of the treatment, transmission and distribution systems or the application and use of reclaimed water. Then to the extent that such r. equirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from the performance thereof and the parties hereto in conformit, with 5 I\ OCT 2 8 2003 such permits, approvals, or requirements shall negotiate a new agreement, if possible. However, nothing shall require User or District to accept any nexv agreement if it substantially adds to its burdens and obligations hereunder. 20. USER'S RIGHT TO TERMINATION; AGREEMENT RUNS WITH LAND. The User shall have the right to terlninate this agreement if the District continually fails to deliver reclaimed water, under the conditions described in paragraph 15 herein. The User shall have the right to sell, transfer or encumber the land areas irrigated with the reclaimed water as described in Exhibit A, except that written notice of any proposed sale or transfer must be given to the District, as provided for herein, at least thirty (30) days prior to sale or transfer. So long as use of the property shall substantially continue to be for the purposes intended by this Agreement, any subsequent party in interest shall be obligated to receive and use the specified minimum quantity under the same terlns and conditions of this Agreement unless modified by mntual consent of the District and the buyer, of transferee, or successor in interest to the User. 21. DISTRICT'S RIGHT TO TERMINATION. The District shall have the right to terminate this Agreement if the user fails to accept reclaimed water under the conditions described herein, or if performance is prevented by third party litigation, of if the User is or reasonably appears to be irresponsibly or illegally disposing of or using the reclaimed xvater, or if any other event beyond the control of the District prevents performance, or if the User fails to pay delinquent fees, rates or charges for the services and facilities provided for under this Agreement. The District shall also have the right to terminate this Agreement if the Property, or any substantial part thereo£ is annexed into a Municipal Corporation. 22. TIME OF TERMINATION. Where practical, termination on the part of either party (including termination based upon annexation pursuant to the last sentence in paragraph 21, above) shall not occur before one hundred eighty (180) days after the terminating party has notified the other party in writing, except in the instance where User is, or reasonably appears to be, irresponsibly or illegally disposing of or using the reclaimed water. 23. ACCESS. The District shall have the right, but not the duty, to enter upon the Property of the User to review and inspect at reasonable times the practices of user with respect to conditions agreed herein. Such entry shall normally be for the purpose of review of the operation of the reclaimed water irrigation system, for inspection of distribution mains and appurtenances, and for sampling at any monitoring well located on the property of the User. User may have a representative accompany the District personnel. 24. INDEMNIFICATION. User acknowledges that the reclaimed water, due to its chemical composition, may not be co.rnpatible for irrigation on certain stisceptible vegetation. User agrees that District shall not be held liable for damages that may occur to vegetation or for any other damages that may occur 6 N0. \ OCT 2 8 2003 25. 26. due to the use or acceptance of the reclaimed water. The User shall hold harmless and defend the District and its agents and employees from all suits and actions, including attorney tees and all costs of litigation and judgments of any name and description arising out of or incidental to this Agreement. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This agreement is solely for the benefit of the formal parties hereto, and their successors in interest, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a party hereto. SEVERABILITY. If any court finds any part of this Agreement invalid or unenforceable, such invalidity or unenforceability shall not effect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. To that end, this Agreement is declared severable. 27. LAND USE APPROVALS. This Agreement shall not be construed as a basis for either granting or assuring or indicating, or denying, refusing to grant or preventing any future grant of land use zoning approvals, permissions, variances, special exceptions or any other rights with respect to the real property in the approved uses area. 28. 29. 30. 31. 32. 33. APPLICABLE LAW. This agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida and the Collier County Reclaimed Water Ordinance or its successors in function. RECORDATION. This Agreement shall be recorded in the Public Records of Collier County, Florida. ASSIGNMENT. Assignment or transfer of the User's rights or obligations under this Agreement is prohibited without prior written consent of the District. Any attempt by User to assign or otherwise transfer this Agreement from off of the Property shall be null and void (void ab initio). BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and assigns. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter referenced herein. Any amendment hereto shall be in writing duly executed by the parties hereto, or their successors in interest to the Property. This Agreement replaces and supercedes the following in their entireties: (1) the existing Agreement for delivery and use of treated wastewater effluent for spray irrigation to the Property, recorded in OR BOOK 1319, pages 1304 tlu'ough 1337, (2) the Sewerage System Lease Agreement Addendum, dated November OCT 2 8 2003 18, 1987, recorded at OR Book 1319, pages 1338 - 1340, public records of Collier County, and (3) a 2 page Addendum No. 2, dated October 23, 2001 (not recorded). The Utility Easement dated May 2, 1990, copy attached? is not affected by this Agreement. IN WITNESS WHEREOF, the foregoing parties have subscribed their hands and seals for the day and year first above mentioned. By: WINDSTAR CLUB, INC. Carol Schroeder, Officer/Secretary Windstar Club Inc. TWO WITNESSES REQUIRED Signature of First Witness of First Witness ~ature of S. econd Witness Printed/Typed Name of Second Witness STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared well known to me to be the ~__~. (:2 [' °--{'G (' ~ of Windstar Club, Inc., and who in my presence signed the foregoing Agreement. WITNESS my hand and official seal in the County and State aforesaid this r'/4A,.-day of ,2003. (Notarial Seal) · ' "' '~'~(~ DEBRA T. BRUNER · MY COMMISSION # D0110~12 EXPIRES: May 24, 2006 Notary Public My Commission Expires: AG£NOA IT£~ t 1 OCT 2 8 2003 Pc. /,~ DATED: ATTEST: DWIGHT E. BROCK, CLERK. By: Deputy Clerk Approved as to form and legal sufficiency: Tl~a~s CkS. Pall~ner.~~f~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT By: TOM HENNING, CHAIRMAN OCT 2 8 2003 2'8 2003 <..z.. , EXECUTIVE SUMMARY AWARD BID NUMBER 03-3531 FOR LANDSCAPE MAINTENANCE IN THE BASE COST AMOUNT OF $89,157 FOR WELLS AND FACILITIES TO GROUND ZERO LANDSCAPING SERVICE, INCORPORATED OBJECTIVE: That the Board of County Commissioners, Ex-officio the governing Board of the Collier County Water and Sewer District, award Bid Number 03-3531 for landscape maintenance of Water Department facilities to Ground Zero Landscaping Service, Incorporated. CONSIDERATIONS: The Water Department has done a cost/benefit study on providing landscape maintenance services. There are more than 40 Water Department locations where landscape maintenance services are currently performed by Department staff. The Department compared providing these services contractually versus the use of in-house labor. The use of contractual services was found to realize a savings in excess of $100,000 per year. The Department has made a determination that landscape maintenance is not an inherently governmental function, and has determined that providing this function contractually would not impact the quality of service provided to our customers. The bid for landscape maintenance services was posted on July 2, 2003 and five bids were received. The lowest bidder, Ground Zero Landscaping Services, Incorporated, met all bid requirements, and reference checks completed by staff have determined that this firm is qualified to provide this service for the Collier County Water Department. Staff recommends awarding a contract to Ground Zero Landscaping Services, Incorporated. The four staff members currently providing the landscape maintenance services will be reassigned to the Wellfield Crew and Enhancement Crew as outlined to the Board during the most reci~nt budget presentations. FISCAL IMPACT: Funds are currently available in the Water Distribution budget in the amount of $125,000. The source of funding for this contract is County Water/Sewer Operating Fund (408), User Fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact in the award of this bid. RECOMMENDATION: It is recommended that the Board of County Commissioners, Ex-Officio the governing Board of the Collier County Water/Sewer District, award Bid Number 03-3531 for landscape maintenance services in the base cost amount of $89,157 for .Water Department facilities to Ground Zero Landscaping Service, Incorporated. Pamela Libby, Water Distrib~Manager /,Paul Mattausch, Director, Water Department REVIEWED BY: APPROVED BY: blic Utilities Division Administrator Stephen Y~ Car~ell, Pur-c-ha~u~ Director Date: ,,~-~,~ OCT 2 8 2003 OCT 2 8 2003 200~ EXECUI"ZVE ,SUMMARY APPROVAl OF ADDITIONS TO A6REEMEI~rl'S BETWEEN SIRSI CORPORATION AND COLL,1CER COUNTY BOARD OF COUNTY COMMISSIONERS. OB,TEClTZ. VE: Board approval to amend existing contract with SIRSI Corporation (SIRS]:) to extend the contract for ]:nternet access purchased annually for the Library system. CONSZDERATZOIqS: Collier County Public Library originally signed an agreement with Data Research Associates, ]:nc., (DRA) on ~Tune gth, 1992. This agreement provided an automated library system for the Library. This agreement was amended on September 1st, 1998, November 9, 1999, and on April 271h, 2000, to include ]:nternet service for all Libraries. DRA was purchased by 5]:R5]:, effective August 2001. STRST has continued to provide consistent and effective ]:nternet access to our libraries. This ~qdditions to A~areements extends the original agreement that was signed in 1992, to include ]:nternet access through ,Tune 30, 2004. Staff recommends the continued use of SIRSI for Internet access services until which time 5IRSI will divest themselves of these services to the County. 5toff will look into alternative options for the provision of these services in the interim beginning in ,Tanuary 2004 through a schedule pursuant to the Federal E-rate guidelines. FISCAl IMPACT: The total cost of the contract for FY 04, including the Additions To Amendments amount, is $61,200. These funds are currently budgeted in the Library Grant Fund (129). No new funds are being requested to pay for this service. C~OWTH MANA~EAAENT I'MPACT: This agreement extension has no direct growth management impact. RECOMMEIqDAT'rON: Board of Collier County Commissioners waive the formal competitive process and approve the Additions to A~.?reements, and authorize the Chairman to sign such A~.?reement, authorizing the Library to request a purchase order for the expense. Ageq ~a~ Item OCT 2 8 2003 AAarilyn Matl~'/~-.s, Assistant birector Reviewed and ,,~ ~ A ~Toh n ;~,~Tones, Library D~-~ctor Approved by: .. Il ' Stephen Y. Carnell, Di~ecto~ Purchasing Dep~tment Approved by: ~oh~unnuck, Public Services Administrator DATE: bATE: bATE:. DATE:. I- Ag'enda ~It~m OCT 2 8 2083 AMEND~NT TO AGRF. F-M£NT BETWI~EN D).TA RESEARCH ASSOCIATES, INC. AND THE COLLIER COUNTY PUBLIC LIBRARY WI-I~S, DATA RESEARCH ASSOCIATES, INC. ("DPt") and THE COLLIER COUNTY pUBLIC --IBP,.ARY ("Customer") are parties ~o a contract dated June 9, 1992, and furtt~ amendments to that Agreemem ~ated September 1, 1998, November 9, 1999, and April 27, 2000; and WHEREAS, effective as of August 29. 2001, DRA was purchased by SIRSI Corporation, a Delaware corporation, located at 101 Washington Street SE, Huntsville, Alabama 3580'1 ("SIRSF'), and is now a wholly owned subsidiary of SIRSI; and WI-IEREAS, Customer desires to upgrade its Interact Sm-v/ce under the terms and conditions specified under the Agreement and the temps he'rein. NOW, THEREFOR.E, in consideration of 'thc mutual covenants herein, and for other good and valuable consideration, the undersit,mcd parties hereby agr~ to further amendments to the Agreement: 1. This Agreement shall take effect January I, 2003 and nm through June 30, 2004. This Agreement furtl~r amends that Agreement ent~ed into on Sept~mber 1, 1998. Customer shall purchase from SIRSI the NxT1 service at the price set forth on Schedule A, a~tached hereto and incorporated by reference herein, in lieu of thc gm-vices set forth on the original Schedule A. Cu~omer shall pay SIRSI for said additional services within thirty (30) days followh~g deliverY to Customer's sire and receipt of invoice therefore. Customer shall pay SIRSI fo~ miscellaneous expcmes and services within thirty (30) days of receipt of an invoice therefore. Said nfi~:ellaneous expenses shall not exceed $3,000. Except as otherwise stated herein, the ~rv/ces purchased herein is subject to the same terms and conditions set forth m the Agreement between the parties containing other SIRSI Business Interact Services. The provisions of this Agreement may be modified only in writing, and are binding only if executed by a representative of SIP, SI and Customer authorized to execute legally binding agreements on each pm'ty's behalf. In the event of a conflict between the terms of tlrds Agreement, and the terms of any Purchase Order issued by Customer, the provisions of this Agreement shall control. -Except as hereinabove amended, the Ai~-eement between thc parties is unchanged, m~d the applicable portions shall remain in full force and effect. Executed this _ day of ,2003. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Tom Henn~ng, Chairman SIRSI Corporation Title: ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk ~pproved as to form and legal sufficiency: Thomas~. PalmX~ei. Assistant County Attorney 0 C { , 2003 Schedule A Sirsi 3.072 MB lnternet ATM Services 12 Sirsi Net Inverse Multiplx Multiple T1- ATM Service Unit Price $5,100.00 Extended Price $61,200.00 Subtotal Sirsi Services This quotation is subject to SIRS1 General Terms and Conditions. Total: $61,200.00 $61,200.00 EXECUTIVE SUMMARY AWARD WORK ORDER #PBS-02-30 IN THE NEGOTIATED AMOUNT OF $119,730 TO PROFESSIONAL BUILDING SYSTEMS FOR THE RENOVATION OF TIGERTAIL BEACH PARK, PHASE II Obiective: To enhance recreational opportunities through redevelopment opportunities provided by tourist development grant funds. Considerations: In August 2002, Phase I of the Tigertail Beach Renovation project was completed. Phase I included the construction of a new concession facility, kiosk, re- decking, sidewalks and landscaping. Since that time, the Parks Department has secured a Tourist Development Council grant to fund Phase II improvements to the park. The project will include additional landscaping; replacement of the existing guard house; installation of a yardarm flagpole; refurbishment of existing signage; electrical work and new site lighting; pavement patching; debris removal and other related items. Written quotations for this project were solicited of the five contractors on the County's General Contractors Service Contract. Two quotes were received on September 9, 2003. Staff reviewed the quotes submitted. In order to meet budgetary constraints, Parks and Purchasing staff met with the low bidder and negotiated a revised pricing proposal in the amount of $119,730, which is acceptable to all parties. Staff recommends awarding the bid to Professional Building Systems, Inc. as the lowest, qualified responsive general contractor. The original quotes received were as follows: Professional Building Systems Varian Construction $171,262 $186,570 Fiscal Impact: Funds are currently budgeted in Tourist Development Council Fund (195) Tigertail Beach Entrance project. Growth Management Impact: The value of the improved facilities will be inventoried in the Growth Management Plan. Recommendation: That the Board of Collier County Commissioners approve the attached Work Order #PBS-02-30 in the amount of $119,730. OCT 2 2003 Submitted by: -,~:, Date: "----Amanda O.'Townsend, Ope_~ions Coordinator Parks and Recreation Department Reviewed by: / ~;~"' Date: "-l~arla o. Ra~mse-y, Di~-ector; Park.s and Re. creation Dep_.,~me~t~ Reviewed by: ~t&~e Cafe"il DiSc Date: ~,a~rchasing Department Approved by: Date: J,6]hn Dunnuck, Administrator 1Jivision of Public Services ----~,~en da Item .o./~_~_~ OCT 2 8 2003 WORK ORDER #PBS-02-30 "General Contractor's Services" Contract #02-3349, dated June 11, 2002 ?his Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Tigertail Beach Renovations Phase II The work is specified in the proposal from Professional Building Systems (PBS), dated 9/16/2003, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #PBS-02-30 is assigned to Professional Building Systems (PBS). Scope of Work: PBS will file required permits, complete all landscaping in accord with the plans and specifications, prepare the footing and slab for the proposed guardhouse, deliver and install one pre-engineered and assembled 4' 6" x 10' 4" B.I.G. Industries Guardhouse in accord with the plans and specifications (engineering drawings are included), install one concrete flagpole footing and 50' yardarm flagpole in accord with the plans and specifications (engineering drawings are included), refurbish all site signage in accord with the plans and specifications, provide all electrical work and site lighting in accord with the plans and specifications (conduit for future gates are included), cut and patch asphalt paving as needed to install underground conduit, and removal of all related, debris. The plans and specifications referenced ar6 those prepared by Victor J. Latavish, AIA dated 1/28/2003 and revised on 9/18/2003. Schedule of Work: Complete within 75 days. Compensation: In accordance with Item No. 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. ATTEST: Dwight E. Brock, Clerk TOTAL FEE $119,730.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order, as enumerated in Exhibit D of the A£reement. REVIEWED BY: IVl'a'r{/i'R'afise~, Direc{~or/ // Date Department of ParksXa~d Recreation BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk Date: ATTEST: Signature (Corporate Secretary) By: Tom Henning, Chairman PROFES~STEMS By: ~-Preside~t By: Type Name and Title (or) Witnesses (2) ' ~ x-~g)ature (Print Name) (2) ~r~' Signature (Print Name) ~ Agen6a Item I . j GENERAL CONTRACTORS 4395 Corporate Square · Naples, FL 34104 * Phone: 239/643-6527 ° Fax: 239/643-2767 9/16/2003 Mr. Joseph Delate, Sr. Project Manager Parks and Recreation Collier County Government 3300 Santa Barbara Boulevard Naples, FI 34116 RE: Tigertail Beach Phase II Revision to Proposal Mr. Delate, Professional Building Systems is pleased to present for your review this revised Lump Sum Construction Serv/ces proposal for renovations at the Tigertail Beach Parking Lot. Scope of Work: 1. PBS will file required Permits to perform this scope of work. 2. PBS proposes to complete all landscaping work in accord with the plans and specifications. 3. PBS will prepare the fOoting and slab for the proposed Guardhouse. 4. PBS is to deliver, and install one pre-engineered and assembled 4'6" x 10'4" B.I.G. Industries Guardhouse in accord with the plans and specifications. Engineered drawings for this building are included. 5. PBS will install one concrete flagpole footing and 50' yardarm flagpole in accord with the plans and specifications. Engine~ed drawings for the flagpole and footing are included. 6. PBS will refurbish all site signage in accord with the plans and specifications. 7. PBS will provide all electrical work and site lighting in accord with the plans and specifications. All conduit for future gates are included. 8. PBS will cut and patch asphalt paving as needed to install underground conduit. 9. PBS will remove all related debris. Exclusions: 1. Engineered plans, Landscaping or Architectural drawings. 2. All asphalt paving paving accessories, car stops, thermoplastic striping, curbs and asphalt seal coating. 3. Automatic gates. 4. Pre-cast pavers, concrete speed bumps and concrete ribbon curbs. 5. Pressure treated and recycled plastic guardrail. 6. Imgation repairs and relocations. PBS presents for your consideration this proposal in the am6unt of One Hundred Nmete~n Agend.a lt~ '~ Thousand Seven Hundred Thirty and 00/00 dollars ($119,730.00). ] , No./_~_~_~.~ Alternate # 1: Sealcoat the entire parking lot. ADD: $3,685.00 Alternate #2: Restripe the entire parking lot in accord with the plans. ADD: $5,720.00 Alternate//3: Relocate, repair, and replace the parking stops in accord with the plans. ADD: $1,100.00 We trust this proposal is useful to you, and will aid in the selection of PBS as your conn'actor. Please do not hesitate to call us with any questions or comments. ING SYSTEMS AgenOa I No. /6 0 ~ t OC~ 78 2003 EXECUTIVE SUMMARY APPROVE AN AGREEMENT WITH STOCK DEVELOPMENT, LLC FOR THE INSTALLATION OF UPGRADED SPORTS FIELD LIGHTING AT EAGLE LAKES COMMUNITY PARK AT NO COST TO COLLIER COUNTY Objective: To provide high-quality recreation experiences to the residents of Collier County while maintaining County parks' status as good neighbors. Considerations: Stock development, LLC is the developer of Lely Resort, a neighbor of Eagle Lakes Community Park. Stock Development approached the Parks and Recreation Department about what could be done to reduce the glare from sport field lights at the park. Staff informed the developer that the most advanced glare control sports lighting on the market was installed at the time of the park construction four years ago. However, since that time further technological improvements :l=n sports lighting have been made and that a better system is now available. Both parties agreed that a combination of new light shields and sufficient landscaping on the developer's property could improve the situation. Stock Development decided that they would pay to have lighting improvements made. They have contracted with Musco Light Systems for these improvements and will dedicate the capital improvements free and clear to the County upon installation, per the attached agreement. 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 approve the agreement with Stock Development, LLC for the upgrade of sports filed lighting at Eagle Lakes Community Park, and authorize the chairman to sign. : AmYanda O-~o~n~'~nd, 0peratior¢ Coordinator Parks and Recreation Department Reviewed by: '~'~,:~,~, ~. ~ .... /tJ~ Date: ~at:l ;~) .~'~ a~m s~ y ,~"~'i~i~o/ Parks and Recreation, De, l~artment Approved by: .. I~'~AZ~., J4/ nnuck, ^dmi i ator - Division of Public Services : Date: i ~pg:. / _._,_Ag;'nda' ~tem'~ AGREEMENT THIS AGREEMENT is entered into this day of ,2003, by and between the Board of County Commissioners of Collier County, Florida, a political subdivision of the State of Florida (Hereinafter "Collier County" or "County"), and Stock Development, LLC (hereinafter "Contractor"), having its principal office at 5692 Strand Court, Naples, Florida 34110, and whose Federal Tax Identification Number is 593740488, hereinafter collectively referred to as "the parties." WITHNESSETH: WHEREAS, the Eagle Lakes community Park is owned by Collier County; and WHEREAS, the Contractor has volunteered to pay for improved lighting and to pay for the. installation of such lighting at the EagIP. Lakes Community Park sports field; and WHEREAS, Collier County shall bear no expense for the purchase of the lighting fixtures and the cost of installation of lighting at the referenced sports field; and WHEREAS, Collier County agrees to maintain lighting completion of the work. installed at the park site upon NOW, THEREFORE, in consideration of the mutual covenants and promises herein ntained, the parties hereto agree as follows: A. SCOPE OF SERVICES: 1. Stock Development, LLC, agrees to be responsible for the installation of approximately ~ .~ / lights and lighting fixtures at the site identified by the Collier County Parks and Recreation Department as the sports field of the Eagle Lakes Community Park (hereinafter, "the site'S). 2. The Contractor shall provide a' site map of all lights and fixtures to be installed at the site. All lighting fixtures and the location of such fixtures are to be approved by Collier County prior to the issuance of any permit for the construction and'installation of the lighting fixtures. 3. The Contractor and any subcontractors hired for the execution of the work shall provide certificates of insurance as reference herein. All permits necessary for the execution of the work shall be obtained by the Contractor. Payment for all such permits issued by Collier County shall be processed internally by the County. All necessary non-County permits shall be procured and )aid for by. the. Contractor. The Contractor shall be solely responsible for payment of a 2¥ and all taxes Agenda Item levied on the Contractor. No.~/~ OCT ~ 2003 Pg. 5. After installation of the lighting fixtures, and upon approval of such installation by the Collier County Building Review and Permitting Department~ Collier County agrees to maintain all lighting at the site. 6. Contractor and any subcOntractor hired by Contractor agrees to abide by the fOllowing applicable federal, state and Collier County laws: a. Title VI! of the Civil Rights Act as Amended by the Equal EmplOYment Opportunity Act of 1972 - which prohibits discrimination in employment. ' b. The Copeland Anti-Kickback Act. c. Chapter 112, Florida Statutes, which deals with conflict of interest. Contractor agrees to provide a--d~ug free work environment. B, INSURANCE: 1. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per occurrence, combined· single limit' for bodily injury liability and property damage liability. This shall include premises and operations; independent Contractors; products and completed Operations; and contractual liability. 2. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability. This shall included owned vehicles, hired and non-owned vehicles and employee non*ownership. 3. Worker's Compensation' Insurance covering all employees meeting statutory limits in compliance with the applicable state and federal laws. The coverage must include Employer's Liability with a minimum limit of $1,000,000 for each accident. 4. Special Requirement-5.: Collier County shall be listed as the Certificate Holder and included as an additional insured on the Comprehensive General Liability Policy. 5. Current, valid insurance policies meeting the requirements herein identified shall be maintained by the Contractor during the duration of this Contract. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30-day notification to the County in the event of cancellation or modification of any. stipulated insurance coverage. 6. The Contractor shall insure that all subcontractors comply 'with the same insurance requirements that it is required to meet. The Contractor shall provide Collier County with certificates of insurance meeting the required insurance provisions. ~ Agenda Item / .o./~'b ~ .~- INDEMNIFICATION: The Contractor, in consideration of Ten Dollars ($10.00), the receipt .d sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Contract or work performed there under. This provision shall also pertain to any claims brought against Collier County by any employee of the named Contractor, any subcontractor, or anyone directly or indirectly employed by any of 'them. This section does not pertain to any incident arising from the sole negligence of Collier County. Contractor shall be liable for any expense incurred by the Contractor or its subcontractors as a result of negligence or failure of the Contractor or a subcontractor to abide by the conditions contained herein. - ' D. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, Collier County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if Collier County or its authorized ._representative shall deem any conduct on the part of the Contractor to be objectionable or ~proper, the County shall have the right to suspend the contract of the Contractor.' Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of Collier County. E. CONTRACT ADMINISTRATION: This Contract shall be administered on behalf 'of the Collier County Parks and Recreation Department. F. CONFLICT OF INTEREST: The Contractor represents that it preSently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The Contractor further represents that no persons having any such interest shall be employed to perform those services. G. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between Collier County and the Contractor or to constitute the Contractor as an agent of Collier County. -~-'H. SEVERABILITY OF PROVISIONS: If any provision of this Contract is held invalid; the remainder of this Contract shall not be affected therein if such r~mainder would ~he"'~-rnn~Lm'" t~ conform to the terms and requirements of applicable law. ! ,.o...__ IN WITNESS WHEREOF, the Contractor and Collier County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above · written. Witnesses: STOCK DEVEL~C, a Flor~ Limited Lia. l~tc~.~'~a ny, ~ ;By~ Hanaging Member A-Fi-EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: TOM HENNING, Chairman Approved as to form and legal sufficiency: Robert N."Z_ad~ ry ' Assistant County Attorney 4 EXECUTIVE SUMMARY AWARD WORK ORDER #CT-02-03 IN THE AMOUNT OF $130,241 TO THE CHRIS-TEL COMPANY FOR THE RENOVATION OF BAYVlEW PARK Objective: To enhance recreational opportunities through redevelopment opportunities provided by State grant funds. Considerations: Bayview Park in East Naples is in need of refurbishment. The Parks Department has secured a Florida Recreation Development Assistance Program grant to fund fifty percent of the total project cost to improve the park. The project will include renovation of the restroom pavilion and picnic pavilion with replacement of corroded metal structure, new siding, upgraded grab bars in the restroom, and repainting; re-roofing of the picnic kiosks; construction of new sidewalks; refurbishment of signage; installation of new chain link fencing; installation of bollards; landscaping; seawall repair and other related items. Written quotations for the above elements of this project were solicited of the five contractors on the County's General Contractors Service Contract. Three quotes were received on September 9, 2003. Staff has reviewed the quotes received and reconunends awarding the base bid and Alternate /41 to The Chris-Tel Company as the lowest, qualified responsive general contractor. The quotes received were as follows: The Chris-Tel Company Varian Construction Professional Building Systems $130,241 $130,410 $146,680 Additional elements of the overall grant project that are not included in this work order are architectural, survey, and engineering services, tree service, new benches, lighting upgrades, and the replacement of the existing courtesy dock and installation of a second courtesy dock. Total estimated project cost is $235,000. Fiscal Impact: The Florida Recreation Development Assistance Program will match up to $120,000 in cash and in-kind expenses toward the project. Funds in the amount of $75,000 a re budgeted i n t he F Y 0 4 P arks Capital hnprovement Fund (306). A budget amendment will recognize grant revenues and move an additional $32,500 from Parks Capital Improvement Fund (306) Reserves to the Bayview Park project. The balance of Collier County's match for the project will come from in-kind services. Growth Management Impact: The value of the improved facilities will be inventoried in the Growth Management Plan. Recommendation: That the Board of Collier County Commissioners apl)roves and authorizes the Chairman to sign the attached Work Order #CT-02-03, and ~proves the ___ necessary budget amendment. Agenda Ite, m OCT 282[' Recommendation: That the Board of Collier County Commissioners approves and authorizes the Chairman to sign the attached Work Order #CT-02-03, and approves the necessary budget amendment. Submitted by: Reviewed by: Reviewed by: Approved by: '"~A-fii~nda O*i Townsend, Op~ations Coordinator Parks an .d>'Recreation Department,-, . ~ ~ ........ -..> ,,/f .,,? .... Maria O. Ramsey, Direc!or/-' Park,s~~and Recreationc~, D~:'~.z:'r t~nt Steve Camell, 'Director Purchasing Department John~unnuck, Administrator Division of Public Services Date: I©-I ~'- C(Q) Date: CT 2 8 2003 WORK ORDER #CT-02-03 "General Contractor's Services" Contract #02-3349, dated June 11, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Bayview Park Renovations The work ii specified in the proposal from The Chris-Tel Company, dated 9/9/2003, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #CT-02-03 is assigned to The Chris-Tel Company. Scope of Work: Chris-Tel Company shall provide all labor, materials, equipment, accessories and related work to completely and properly construct the Bayview Park Renovation project as indicated in the plans and specifications prepared by Victor J. Latavish, AIA dated 5/12/2003, plus Addendum #1 dated 8/12/2003 and Addendum #2 dated 8/18/2003. Additionally, Chris-Tel shall provide Alternate#I, which is textured cement board ship-lap siding in Lieu of cement board and batten siding over all sides of vestibule privacy screens at the Restroom Pavilion. Schedule of Work: Complete within 45 days from date of issuance of City of Naples building permit. Compensation: In accordance with Item No. 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. BASE BID $129,701.00 ALTERNATE #1 $ 540.00 TOTAL FEE $130,241.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order, as enumerated in Exhibit D of the A~ff('~/ement. REVIEWED BY: ~rh~'~a5~e~D}rector {/' ] 1'l ~ate Department of Parks and Re~eation ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Tom Henning, Chairman Date: ATTEST: (Corporate Secretary) THE CHRIS-TEL COMPANY Vice-President By: ~~o, By: Type Name and Title (or) Witr~,esses (2) (Print Name) Append Legal Sufficiency: ^.o ey (2) OC'I 2 2003 Pg, BID FORM TO: Collier County Board of County Commissioners, hereinafter called "Owner" The undersigned, having carefully examined the Contract Documents for the Bayview Park Renovation, Naples, Florida, issued by Victor J. Latavish AIA Architect dated 5-12-03, plus Addendum Number 1 dated 8-12-03, and having visited the site and examined the conditions affecting the Work, hereby proposes and agrees to furnish all labor, materials, equipment, & accessories, and to perform operations necessary to complete the Work as required by said proposed Contract Documents, for the stipulated sums of: BASE BID The total cost of ali labor, expenses, materials, equipment, accessories, and related work required to completely and properly construct the project as indicated in the Construction Documents: One Hundred Twenty-Nine Thousand' Seven Hundred One- ...... __. DOLLARS ($ 1 2 9,7 01.0 0 ) ALTERNATE NUMBER 1' Alternate 6" textured cement board ship-lap siding, in lieu of cement board and batten siding, over all exterior walls and all sides of vestibule privacy screens at the Restroom Pavilion. Indicate either Add or Deduct the amount of: Five Hundred Forty DOLLARS ($ 540.00 ADDENDA: .... The undersigned acknowledges receipt of Addenda numbered: .) TIME OF CONSTRUCTION: 45 The Contractor proposes to complete the work indicated in not more than Calendar days from receipt of Notice to Proceed through Substantial Completion of the work. AcJen d,a ' i ~-~" .o./ob O C'l' 2 8 2003 Bid Form page 2 of 2 The undersigned understands and agr.ees to comply with and be bound by Contract Documents issued for this Work. BIDDER: Firm The Chris-Tel/ Company Address 2546 Edison Avenue Fort Myers, FL 33901 Bid dated this 9tt5 September day of' 2003 END OF BID FORM ADDENDUM NUMBER I Date: August 12, 2003 Project: 357- Bayview Park Renovations This Addendum contains mandatory revisions to the Contract Documents and shall be considered part thereof: o 9. 10. 11. 12. 13. 14. Bids will be received on Thursday, August 21 at 2:00 pm at the Parks and Recreation Office at 3300 Santa Barbara Blvd. Sheet SD-l, keynote 2, delete reference to "Alt Bid" and add: "Type-D curb, base bid" Sheet SD-1, keynote 10, add: "Height of fence shall be measured from top of existing playground curb" Sheet SD-l; Delete keynote 18 on plan at north end of parking island; Sheet SD-l; keynote 18; add "Provide shell where indicated (shaded) on attachment". Sheet SD-l, keynote 24, delete reference to "NIC" and add "Contractor shall seal coat and re-stripe all existing paved parking and driveway areas" Sheet A-l, keynote F; add the following: "All battens, bottom trim, and corner trim shall be removed and replaced. Replace z- flashing throughout. New flashing shall be aluminum. Existing cedar plywood siding directly behind electrical meter, time clocks, panel and immediately adjacent electrical work may be left in place (not removed). Existing cedar plywood at wall areas at Covered Area may be left in place (not removed). New siding shall be installed over 15lb felt over existing sheathing at the Covered Area" Sheet A-l, keynote N, add "Lockset shall be Schlage D-series brushed chrome or s.s, with ADA compliant lever." Sheet A-3, Detail 2; add note: "Ridge blocking shall be continuous" Sheet SP-1, section 01010, add "Contractor shall apply for permits and pay all required permit fees. Submit copies of permit fee receipts to County Parks and Recreation Department for direct reimbursement purchase order. The cost of permit fees shall not be included in the bid" Sheet SP-1, section 01010, add: "Notice to proceed shall be issued by the Owner after receipt of permits" Sheet SP-3, section 06250; add "Finish: Manufacturers standard wood-grain texture" Sheet SP-3, section 06250; add "Alternate Bid: provide 6" cement board ship-lap siding in lieu of matching existing board and batten siding" Sheet SP-3, section 06320; delete section its entirety and all other references to recycled plastic pilings where occurring in the documents. END OF ADDENDUM VICTOR J. LATAVISH, AIA ARCHITECT Florida Registration AR11942, AA001831 4100 Corporate Square, Suite 100 Naples, Florida 34104 ADDENDUM NUMBER 2 Date: August 18, 2003 Project: 35% Bayview Park Renovations This Addendum contains mandatory revisions to the Contract Documents and shall be considered part thereof: 1. Bid date is extended to Thursday, September 9 at 2:00 pm at the Parks and Recreation Office at 3300 Santa Barbara Blvd. 2. Bid Form revised (attached) 3. Provide 6'-0" temporary chain link fence around Restroom Pavilion and Picnic Pavilion during construction.' 4. Flagpole foundation size is revised to 2'-0" dia x 5'-6" deep. END OF ADDENDUM VICTOR J. LATAVISH, AIA ARCHITECT Florida Registration ARI 1942, AA001831 4100 Corporate Square, Suite 100 Naples, Florida 34104 2003 BID FORM TO:' Collier County Board of County Commissioners, hereinafter called "Owner" The undersigned, having carefully examined the Contract Documents for the Bayview Park Renovation, Naples, Florida, issued by Victor J. Latavish AIA Architect dated 5-12-03, plus Addendum Number 1 dated 8-12-03, and having visited the site and examined the conditions affecting the Work, hereby proposes and agrees to furnish all labor, materials, equipment, & accessories, and to perform operations necessary to complete the Work as required by said proposed Contract Documents, for the stipulated sums of: BASE BID The total cost of all labor, expenses, materials, equipment, accessories, and related work required to completely and properly construct the project as indicated in the Construction Documents: DOLLARS ($ ) ALTERNATE NUMBER 1' Alternate 6" textured cement board ship-lap siding, in lieu of cement board and batten siding, over all exterior walls and all sides of vestibule privacy screens at the Restroom Pavilion. Indicate either Add or Deduct the amount of: DOLLARS ($ ) ADDENDA: The undersigned acknowledges receipt of Addenda numbered: TIME OF CONSTRUCTION: The Contractor proposes to complete the work indicated in not more than Calendar days from receipt of Notice to Proceed through Substantial Compl~tio~ff-xq~~"-*~'-~ work. Bid Form page 2 of 2 The undersigned understands and agrees to comply with and be bound by Contract Documents issued for this Work. BIDDER: Firm by Address Bid dated this day of , 2003 END OF BID FORM EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT RECOGNIZING $83,000 IN REVENUE FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE EAST NAPLES COMMUNITY CENTER SENIOR CENTER EXPANSION PROJECT Objective: To provide nutritious meals and social inter:,ction for low-income seniors using interdepartmental cooperation and available grant opportunities. Considerations: The Community Development Block Grant program is administered by the Financial Administration and Housing Department with the goals o f benefiting low or moderate income persons, preventing or eliminating slum or blight, and meeting community needs of urgency, as well as providing decent housing, a suitable living environment, and expanding economic opportunities. The Public Ser~4ces Division applied for and was awarded a Community Development Block Grant for a Senior Center addition to the existing East Naples Community Center. The Citizen's Advisory Task Force approved the applications for funding on December 12, 2002, and the Board of County Commissioners approved the County's CDBG Action Plan on April 22, 2003. The Senior Center project will provide a permanent home for the non-profit organization Senior Connections' lunch program at East Naples Community Park by building a 2400- square-foot addition to the existing Community Center there. The project will take place over three CDBG program years. Funds in the amount of $83,000 are available for design and permitting in 03-04, and $255,000 is guaranteed each program year for 04-05 and 05- 06 to apply toward the cost of construction. Over the course of the three years Collier County will provide a match of $292,000 as follows: $231,000 cash from Parks and Recreation Impact Fees, $50,000 in contributions from Senior Connections of Southwest Florida, and $11,000 in land value. Fiscal Impact: Cash match in the amount of $41,000 for the Program Year 03-04 portion of the project is budgeted in FY 04 Unincorporated Community and Regional Park Impact Fees (346). The budget amendment will recognize the CDBG contribution of $83,000 as revenue and appropriate all funds to a grant project number (34207). Growth ManaRement Impact: The value of the completed Senior Center project will be inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners approve the budget amendment recognizing $83,000 in revenue from the Community Development Block Grant program for the East Naples Community Center Senior Center expansion project. 2003 Amanda O. Townsend, Operation,s/Coordinator Parks and.Recr~eatior).~epa~m~ --M:arla-o. R-~'-msey, DireCtor / Parks and Recreation Department Reviewed by: ~5,.___ ~__. (_.~-,--__c2 ~.-- Date: Lee Combs, Federal Grants Manager Fin~cial Administration and Housing Depa~ment Approved by: ~,~/~ .~ ) .... <:C_~ Date: Joh~/Dunnuck, Administrator DiviSion of Public Services IO-- _>'o -0.'5 ..... EXECUTIVE SUMMARY APPROVAL OF AMENDMENTS TO THE COLLIER COUNTY FAIR BOARD BY-LAWS OBJECTIVE: Review and apr~roval of the changes to the Collier County Fair Board By-Laws. CONSIDERATIONS: In accordance with the Fair Board Articles of Incorporation, which were approved by the Collier County Board of Commissioners as required by law, any properly approved changes to the Fair Board's by-laws are not effective until "approved or amended and approved by vote of the Board of County Commissioners in regular session." On September 11, 2003, the Collier County Fair Board approved those changes to its by laws as outlined on the attached document. Substantive changes include the following: Article I, Sections 3, 4 and 5D have been amended to clearly define the process of becoming a member, the term of membership, payment of membership dues and membership privileges. The changes were made to alleviate a problem with individuals who only join the Fair in order to vote at the annual meeting. Article I, Section 5A added the names of the Charter Members. The change was made to give recognition to the people who created the organization. Article III changes the fiscal year from April through March to October through September. The change was made because the budget process is usually not complete until August or September each year. Under the previous fiscal year, the organization was operating under a budget not yet approved. Articles IV and V, VI, VII and VIII which define the Officers and Directors and the Election process have been completely reorganized to be easier to decipher and for clarification. There really are no substantive changes with the exception of the deletion of the requirement of the Board of County Commissioners to annually approve the election of Officers and Five Special Directors ( Article V Section 2). There is no statutory requirement for this approval, and it is not required by the Charter. The deletion saves bothering the Commission annually on a matter that probably holds little if any interest to them. Article IX has been amended to clarify and broaden the duties of the Fair Manager. The organization has changed to a paid manger since the last By-Law Amendments and as such the manager has assumed more responsibilities which were not included By-Laws. O C. 1' 2 8, 200,.3 / FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve the proposed changes to the Collier County Fair Board's By-Laws. SUBMITTED BY: '~'~/r.'/L/,~4'~ (~ ~-~~, Date: %at~Mc~a~ca~enter ExeCutive SeCtary tb the Public Se~ices Administrator ~VIEWED BY: Date: ~o- ant County Attorney ~PROVED BY: ~ ~).,_~:.__~:::, . Date: J~n Dunnuck, Public Sc~'~ces Administrator BY-LAWS OF THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. AS AMENDED ON'~ / /0..___~3 ARTICLE I MEMBERSHIP SECTION 1. FAIR ASSOCIATION In these by-laws, the collective membership of the Collier County Agricultural Fair and Exposition, Inc. shall be referred to as "THE FAIR ASSOCIATION". SECTION 2. QUALlleICATIONS Regular membership in the Fair Association shall be granted to any person who resides, is employed or operates a principal place of business in Collier County upon payment of annual dues to this Corporation. SECTION 3. TERM OF MEMBERSHIP The term of membership shall coincide with the term of officers AND DIRECTORS WHICH IS AT ADJOURNMENT OF THE ANNUAL MEETING THROUGH THE ANNUAL MEETING THE NEXT YEA~ SECTION 4. DUES .-' Dues for the current term of membership, shall be paid WlTIHN 30 DAYs OF APPLICATION AND ANNUALLY APRIL 1rr EACH YEAR THEREAFTER. ~ AMOUNT OF DUES SHALL BE DETERMINED BY THE BOARD OF DIRECTORS ~r~o~befo~e ,Mar.~h..~ l'~fall-on.a ,ga.~zrday~und~ or !egal 4bc!!day-t~n-du~ sk~dl-be ~y-5 : OO 4P.,M.-~r~ho-~ex~-workd~. -t~u~ t~ti~e~e~ t~th~ deadl~e ~ ~ credite, d4 ta tl~ SECTION 5. CI~SS~CATIONS Membership shall include three classifications, as follows. A. CHARTER MEMBERSHIP: Charter merhbers shall be considered fully paid members for life ami be entitled to all membership privileges and benefits. THE CI:IARTE~.MRER5 ARE: i t.~o.. /¢~ 12 (~ ~ ? q, .----~ C.R. Russ Wimer Thomas Archer David C. Brown Stephen Mitchell Clifford Wenzel William J. Ryan Timothy O'Connor B. G. Price Patricia Anne Goodnight Anthony Rosbough Audrey Johnson Harold Heineman George Vega Jr. Daniel R. Monaco John W. Emerson M. V. Merrihue Thomas G. 'Gahagan George H. Huntoon F. Gordon Selby John Norman Edward J. Oates Leonard. H. King W. E. Stalker Mary Ellen Hawkina Arthur V. Woodward Robert C. Godbee Walter M. Fischer John A. Pistor William G. Price George R. Wallace III D. W. Linder K. W. Crane B. REGULAR MEMBERSHIP: Regular members shall be members in good standing, who have paid current dues, and shall enjoy all membership privileges and benefits. their C. HONORARY MEMBERSHIP: Honorary memberships may be conferred only by the Board of. Directors upon outstanding SERVICE c~so shown. Honorary members shall not be required to pay dues, and shall enjoy all membership privileges and benefits. MEMBERSHIP PRIVILEGES AND BENEFITS: DAILY ENTRY PASS TO ANNUAL FAIR VOTE AT ANNUAL MEETING FOR AT LARGE DIRECTORS PROVIDED THEY HAVE BEEN A MEMBER FOR SIX MONTHS PRIOR TO THE ANNUAL MEETING. QUARTERLY NEWS LETYER The Annual Meeting of the Fair Association shall be held during the third week of May of each year in Collier County, Florida. ARTICLE IH FISCAL YEAR The fiscal year of the Fair Association shall be OCTOBER 1 THROUGH SEPTEMBER 30. Aprg 4 ~hrcntg~ Me~.eh 3 ~. THE ANNUAL BUDGET SHALL BE APPROVED BEFORE THE START OF THE FISCAL YEAR. ARTICLE IV BOARD OF DIRECTORS SECTION 1. BOARD OF DIRECTORS The fair association board of directors shall be comprised of not more than twenty (20) members who are unrelated as defined in Florida statutes section 112.3135 14-6.M 1-(-1)-( c-).AND WHO SHALL be appointed or elected in the manner provided for in ARTICLE VI herein .ARE as follows. The five officers as further defined in Article V. The five special directors as further defined in Article VI The 10 at large directors as further defined in Article VH SECTION 2. DUTIES The BOARD OF DIRECTORS SHALL MANAGE THE affairs of the association a, tugl b~ manag~t by44,~e fsir ~ass~istitm4e~trd c.f ~rccto~s. SECTION 3. QUORUM For voting purposes at regular or speCial me~tin'gs of the board of direct'orS, a quorum shall consist of fifty (50) percent of the board of directors plus one (1). SECTION 4. MEETINGS The fair association board of directors shall meet MONTIH,Y FOR REGULAR MEETINGS AND AT SPECIAL MEETINGS at the call of the president. All members of the fair association board of directors are required to attend ali 'RE~UIa~ board meetings. Should a director miss more than three REG~ MONTHLY meetings annually for any reason THAT IS NOT APPROVED BY THE BOARD OF DIRECTORS, that seat shall be considered vacated. SECTION 5.....__.~. VACANCIES In case.~my A seat on the board of directors of this corporation becomes vacant the board of directors of this corporation shall fill such vacancy for the remainder of the unexpired term UNLESS SAID VACANCY OCCURS AS A RESULT OF THE ELECTION PROCESS IN WHICH CASE ARTICLE VIH SHALL GOVERN. ARTICLE V FAIR ASSOCIATION OFFICERS SECTION 1. OFFICERS The officers of the Fair Association Board of Directors shall be the President, Immediate Past President, Vice President, Secretary, and Treasurer. SECTION 2. APPOINTMENT The officers of the Fak Association Board of Directors shall be nominated by the nominating committee, ELECTED AND RECOMMENDED BY THE BOARD OF DIRECTORS a~ appoint ed2oy tho C-ot. ti e,,~ c::r. ty-B c. xrd, o,jr .C_~n~sr~ionam in accordance with Article VI herein. SECTION 3. TERMS The officers of the Fair Association Board of Directors shall serve a term of one (1) year commencing at the adjournment of the Annual MeCdng,-o~/the/r . '..mcc.~.sors $ha~ t~,e~, eXcept that the outgoing President s~all' ' continue to be' an officer'of the Fair Association Board of Directors, acting in the capacity of immediate Past President. SECTION 4.. DUTIES The officers st~lLt~ee!de ~q~e~l r~e~gs-of-~he-~ir Y. ssoc, gUi~ ~d shall have the following duties: A. PRESmEN't The President of the FAIR ASSOCIATION C. ol, tiett-Go~OY"4grimdtur-al F-a/~~,/n~. shall preside at all meetings of THE ASSOCIATION BOARD OF DIRECTORS4hi~corpo~ PRESIDENT shall serve as Chairman of the Board of Directorl: shall 4 appoint standing and special committees deemed necessary and advisable AND WHICH SHALL BE CHAIRED BY A BOARD MEMBER; shall execute all contracts al~er approval of the Board of Directors, ca3uutv, rsi{~ alL~h~,l~a sulomitt~d bl, '.he Tr.a~tsur~,,; and shall perform all other duties and exercise such other powers as are provided in the Charter and By-laws of this Corporation, or as are usually incident to the office of the President. The President shall have the voting privileges accorded members of the Board of`Directors. B. PAST PRESIDENT The past president shall provide advice to the president and such other. assistance as the president may fi.om time to time request. C. VICE PRESIDENT The vice president will assume the duties of the president in the absence or disability of the president shall assist the president in the administration of' all corporation affairs; shall have management and supervisory responsibilities directly relating to the Fair association, as determined by the president; and shall serve with the president in any needed capacity at the pleasure of the presi~ D. SECRETARY The secretary shall record the official minutes of all meetings; shall distribute copies of the PROPOSED minutes WITHIN 10 DAYS.as~sos~ az4m~sil;de at~er meetings to the Fair association board of directors; shall sign the minutes of all meetings after approval by the fair association board of directors; shall send notices of meetings at the request of the president; shall notify the general 'membership of annual meetings; shall keep an accurate list and record OF ATTENDANCE of all members; mad shall perform such other duties as are incident to the office of secretary. E. TREASURER The treasurer shall receive all funds belonging to the corporation, deposit such funds in a designated bank, and expend same by direction of the fair association board of diredors; SHALL SIGN ALL CHECKS AND 'r. SUBMIT THEM FOR COUNTERSIGNED SIGNATURE BY ANY OTHER OFFICER shall keep a record of the location of personal property of the association; shall keep a record of all receipts and disbursements, showing separately the nature of fund or funds; shall submit interim and annual financial statements to the proposed budget for the operations of the association, and such reports, as fi.om time to time, the president may require. ARTICLE VI FAIR ASSOCIATION BOA/~ O41: SPECIAL DIRECTORS The five SPECIAL DIRECTORS, ONE FROM EACH OF THE FOLLOWING CATEGORIES TO SERVE ONE YEAR TERMS ARE. 1. C-otlisr-Coa, nty~grietdtur~d-DeFartmont t~ sor~e.~ AN Agricultural Director. a~Call~r. Gota~ Schoo!_~,s4ao~ set're.as AN Educational Director WHO SHALL BE APPOINTED BY THE COLLIER COUNTY SCHOOL ADMINISTRATION. 3. -Go//ier-Co~nty ~ar~,soa/at4on !9 s~a~e~ A Legal Director WHO IS A LICENSEO MEMBER IN GOOD STANDING WITH TIlE FLORID:' aAR ASSOCIATION AND WHO PRACTICES LAW IN COLLIER COUNTY. Any-~_ .'vent-or T. a,t ,fflc. or ora recogniaut-community~i,~ ~ganiza!ien-of Gotli~. ~, Falor4da ? se.'-.'e as A Civic Director. -Cotti~ Co~nty-Ehc.'"iff's e.,~rfic..o-to sa,we.as A Law Enforcement Director WHO SHALL BE APPOINTED BY THE COLLIER COUNTY SHERIFF. C. The ten at-large directors. ARTICLE VII AT LARGE DIRECTORS THERE SHALL BE 10 AT LARGE DIREC':rORS TO SERVE' TWO YEAR TEILMS WITH FIVE MEMBERS BEING ELECTED IN EVEN YEARS AND FIVE MEMBERS BEING ELECTED IN ODD YEARS AS FURTHER DEFINED IN ARTICLE VHI NOMINATIONS AND ELECTIONS SECTION 1_ . NOMINATING COMMITTEE A nominating committee of five (5) corporation members shall be appointed by the fair association president three (3) months prior to the annual meeting. The nominating committee shall canvas the membership of the corporation to determine who are willing and able to serve as officers and directors for the following term. SECTION 2. NOMINATION OF OFFICERS AND FIVE SPECIAL DIRECTORS The nominating committee shall submit to the fair association board of directors, two (2) months prior to the annual meeting, their recommendation for the officers ( except for the past president) and the five special directors. The fair association board of directors shall AT ITS MONTHLY MEETING ASK FOR NOMINATION OF ADDITIONAL CANDIDATES FROM THE FAIR ASSOCIATION BOARD OF DIRECTORS AND VOTE ON AND ELECT THE OFFICEIL$ AND SPECIAL DIRECTORS. appr.~e 4&e r~_comme.da~_.m a~ ~ an.a~a~ roaommendatio~to bc ~'abmi4'ted Cornmiss!onor-~ a,.pr, ovidad&era-undar. Appointees shall begin serving after the annual meeting and will hold office through the next annual meeting. SECTION 3___.___~ APPOINTMENTS OF OFFICERS AND FIVE SPECIAL DIRECTORS ~mediate pasthe five special directors of the board of directors, w~h4h~ t president, who is autom~pointea~ shall meeting. SECTION 3-4r... NOMINATION OF AT- LARGE DIRECTORS The nominating committee shall submit to the Fair Association Directors, not less than one (1) month prior to the annual meeting,,~thek-i)/ recommendation of five members as candidates for that year's election of at- large Directors. This recommendation, upon approval &the Fair Association Board of Directors, shall be presented to the members of the corporation at the annual meeting as the Board's nominees and shall be voted upon as provided hereunder. SECTION 4 5. ELECTION OF AT-LARGE DlliECTORS The at large members of the Fair Association Board of Directors shall serve two- year terms from the annual meeting in which they are elected, five of which shall be d2osen ELECTED IN EVEN YEARS AND FIVE OF WHICH SHALL BE ELECTED IN ODD YEARS o~ch.-yo~r in the following manner. The recommendations of the nominating committee shall be presented to the members. The members may then make additional nominations. When nominations are closed, each member present at the annual meeting shall vote for five candidates and the five (5) candidates receiving the highest total of votes shall be elected to serve on the Fair Association Board of Directors until the expiration of their term. SHOULD THERE BE AN ADDITIONAL SEAT WHICH BECOMES VACANT AS A RESULT OF THE ELECTION PROCESS THEN THAT SEAT SHALL BE ELECTED AS WELL WITH THE CANDIDATE RECEIVING THE NEXT HIGHEST VOTES ELECTED TO THE REI~IAINDER OF THE TERM FOR THAT SEAT. ARTICLE IX DUTIES OF THE FAIR ASSOCIATION MANAGER SECTION 1. -34,4N.44~E-R GENERAL DUTIES There shall be a-Manager of the Fair Association employed by the Ass0ciatibn' and ~ppr~-by the.£cc:rd-~f ~my C-omrtm, icr. crs of- Collier CmmO~ who will execute such GENERAL duties as directed by the Fair Association Board of Directors. The Manager'S GENERAL DUTIES SHALL BE~/4dtTO meet with AND BE AWARE OF ALL COMMITTEE'S ACTMTIES; m&tmsy, oonccc, c, ionr, amSTO MEET WITH other persons AS NEEDED to develop and negotiate contracts pending final approval by the Fair Association Board of Directors; ~/4/TO see that all licenses, insurance policies, permits and health certificates are in effect; and will see that all taxes on the Collier County Fair and Exposition are collected,; TO keep-an-a~ ~,countmg of all Fair Asso¢i~iti6n records. The Manager will direct and coordinate all Fair Assodation ' activities; will consult with civic associations, community organizations and professional groups to foster, promote and direct future community programs such as conventions, special exhibits and events, trade fairs and expositions that would prove beneficial to the community; will manage recreational affairs and various sports functions to provide entertainment to the public; .vdlL.k.~g records of future engagements and associated administrative requirements, will receive, inventory and maintain records and control of all personal property of the Fair Association and shall perform any other duties incident or necessary to the full and complete performance of the Manager's primary duties. THE MANAGER SHALL HIRE AND FIRE TEMPORARY EMPLOYEES AS NEEDED AND PERMANENT EMPLOYEES SUBJECT TO APPROVAL BY THE FAIR ASSOCIATION BOARD OF DIRECTORS. THE MANAGER SHALL OVERSEE MAINTENANCE OF THE GROUNDS. THE MANAGER SHALL ATTEND MEETINGS AND MAINTAIN MEMBERSHIP IN STATE AND NATIONAL ORGANIZATIONS AS WILL BENEFIT THE FAR AND AS APPROVED BY THE FAIR ASSOCIATION BOARD OF DIRECTORS. SECTION 2: DUTIES DURING THE ANNUAL FAIR IN ADDITION TO ALL GENERAL DUTIES THE MANAGER SHALL HAVE PRIMARY AUTHORITY OVER ALL MJkTFERS DURING FAIR TIME. SECTION 2}: COMPENSATION THE COMPENSATION PACKAGE FOR THE FAIR MANAGER SHALL BE NEGOTIATED AND REDUCED TO WRITING. ARTICLE X BONDING OF THE FAIR ASSOCIATION MEMBERS AND EMPLOYEES SECTION 1. BONDING -" The Treasurer and any other person who will be in receipt of Fair Association monies, shall be bonded in an amount to be determined by the Fair Association Board of Directors. ARTICLE XI COMMITTEES SECTION 1... REPORTS All committee heads shall make their reports to the President and the Fair Association Manager. ARTICLE XH AMENDMENTS SECTION L AMENDMENTS Any changes or amendments made in these By-laws shall be governed by the Charter of this Association. ARTICLE XIII PARLIAMENTARY AUTHORITY SECTION 1. AUTHORITY "Robert's Rules of Order, Revised" shall be the Parliamentary authOrity of these By-laws and the Fair Association. EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $64,380.36 TO RECOGNIZE REPAYMENT TO THE GRANT FUND FROM EMS. OBJECTIVE: To transfer funds back into the EMS County Grant Fund thereby allowing Collier County EMS to be in compliance with the State of Florida Grant Policy and Procedures. CONSIDERATIONS: The Florida EMS County Grant Program provides Collier County with money to improve and expand prehospital emergency medical services. At the request of EMS, the Clerk of the Circuit Court conducted an internal audit for fiscal year 2002. Expenditures were identified that violated conditions of the Florida EMS County Grant Program Manual, The majority of expenditures in question did not receive the proper written pre-approval from the State Grant office; i.e. computer hardware and software. The remainder of expenditures in question included watches ($490.25) purchased for employees to boost morale. Collier County EMS is now obligated to transfer this amount back into the grant fund to cover these expenditures. This money will be carried forward in the Grant Fund and will be properly expended in this Fiscal Year. Emergency Medical Services Advisory Board reviewed this audit FISCAL IMPACT: Funds in the m~iount of $64,380.36 will be transferred from EMS Fund 490, Reserve for Contingencies, to reimburse the EMS 100% Grant fund. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $64,380.36 to recognize re-payment to the grant fund. I"-'L~/gea~ Hamilton, Fiscal Technician REVIEWED BY: ~_~..__ E~r~en~edical Services ___ APPROVED BY: ~J~_~.' I ..),4. ~ J/z~l~n Dunn~ckl-X~lministrator Pdtblic Services Division Date: Date: le~./~.~ .o. [;.. OCT 2 8 200] PcJ .~ EXECUTIVE SUMMARY REQUEST BY COLLIER COUNTY DOMESTIC ANIMAL SERVICES TO APPROVE A RESOLUTION TO WAIVE DOG AND CAT LICENSE FEES FOR FOUR DAYS DURING NOVEMBER'S SHELTER APPRECIATION WEEK OllJECq'IVE: For the Collier County Board of County Commissioners ("BCC") to approve a resolution waiving the annual license fees for dogs and cats for four days during Natior al Shelter Appreciation Week. CONSIDERATION: Chapter 14 of the Collier County Codes of Laws and Ordinances requires ali dogs and cats over the age of three months to be licensed. Domestic Animal Services ("DAS") charges a fee for the license. Although, DAS collects pet information from area veterinarians and citizens during interaction with our Animal Control Officers, there still remains a huge number of dog and cat owners that never contact DAS to obtain the required licenses. DAS continually desires to promote license programs and gain pertinent information to help regulate animal populations. Our County Pet License is the primary form of identification and first defense against a pet being lost forever. Nationally, it has been established that a tagged pet is reunited with the owner 98% of the time. November 2, 2003 through November 8, 2003 is National Shelter Appreciation Week. As part of our celebration we would like to provide free pet license tags to pet owners in Collier County. There are several advantages to our licensing program: · Pet owners who never have contact with DAS can be reached in a positive manner; · The information associated with the pets licensed during this period becomes part of our data base information; · 'The pets licensed will have an avenue home if and when they become lost; · There is a cost savings advantage connected to sheltering licensed pets; · Identification reduces the euthanasia rate within our county shelter. FISCAL IMPACT: Licenses are sold based on the age and the ability of the animal to reproduce and range from $7.00 to $25.00 per license. In the past, the majority of licenses were sold at $7.00 and $8.00 dollars. The fiscal impact is difficult to ascertain, as it is difficult to predict whether persons who will take advantage of the free license program would have purchased a license in lieu of the program. It is estimated that the pet license fees revenue may be reduced by $5000.00. However, it is likely that DAS will reduce its costs of investigation and housing of stray animals as a result of the license program. Once Shelter Appreciation Week is over, DAS will evaluate whether a budget amendment is necessary and bring any such budget amendment to the BCC for their consideration. Growth Management Impact: None RECOMMENDATION: That the Collier County Board of County Commissioners approve a resolution waiving the pet license fees for all licenses sold by DAS on November 1, 4, 6, an0, 8 2003 in celebration of National Shelter Appreciation Week. Prepared by'~ Domestic ~Services Approved by: "~.~{..~ { .~,.,~_ _.~- Date: Jol-0 Dunnuck, ~dmin~trator Di~sion of Public Services RESOLUTION No. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA WAIVING LICENSE FEES FOR ANNUAL DOGS AND CATS LICENSED AT DOMESTIC ANIMAL SERVICES ON NOVEMBER 1, 4, 6, AND 8, 2003. WHEREAS, in 1996 the Human Society of the United States launched the National Animal Shelter Appreciation Week as a way to recognize the indispensable role that the more than 6,000 animal shelters nationwide play in their communities; and WHEREAS, National Shelter Appreciation Week is November 2, 2003 through November 8, 2003. WHEREAS, pursuant to Chapter 14 of the Codes of Laws and Ordinances Domestic Animal Services charges fees for annual dog and cat licenses; and WHEREAS, the Collier County Board of County Commissioners desires to celebrate National Shelter Appreciation Week by waiving fees for annual dog and cat licenses on November 1, 4, 6, and 8, of 2003; and WHEREAS, deems it appropriate and in the best interest of the public health, safety and welfare to adopt this resolution to waive license fees charged by Domestic Animal Services on certain days during National Animal Shelter Appreciation Week. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; 1. The annual dog and cat licenses fees charged by Domestic Animal Services on November l, 4, 6, and 8, 2003 be waived. 2. The annual dog and cat license fees charged by local veterinarians are not waived during National Shelter Appreciation Week. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS. Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA By: By; Deputy Clerk Tom Henning, Chairman Approved as to form and legal sufficiency: Jd~ifer Be pq~d~ - - Assistant Couht.9 Attorney Ogi' ? 8 2003 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of October 28, 2003 Isles of Capri Impact Fees(Fund 373) Budget Amendment #04-013 Capital Expenses Extrication Equipment $14,100 Reserves Reser~'e for Contingencies ( 14,100) Total -0- Explanation: Funds are needed to pay for equipment for fire engine purchased in FY 03. 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 Fiala hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: SW FL Regional Planning Council 30th Anniversary Celebration Public Purpose: As Chair of Transportation Disadvantage; interact with other members from SW FL Date of Function / Event: Thursday, November 20, 2003 Amount to be paid by the County: $25.00 Mileage: Donn~ F/iala, Vi ; Ch, ir, Commission, ir, D,~i~h~/A ~E/I4 0 CT 2 8 20, Southwest Florida Regional Planning Council 30tfi Anniversary Celebration T~ursday, November 20, 2003 ll:OO a.m. to l:45 p. rn. Harborside Event Center 1375 Monroe Street, Fort Myers 525 per Person In Collaboration With= The Cl~amber of Southwest Florida The Conservancw ot Southwest Florida The Urban Land Institute ot Sou[hwest Florida Promised Lands Section of the Florida American Planning .Association A~£NJ]/A No.~ 0el 2 8 200] Pg,_ One Region - One Vision - One Future We invite you to attend a s?ecial luncheon to celebrate the accomplishments of the Southwest Florida Regional ?lanning Council in this, our thirtieth year of service. Please join us as we welcome Featured Speaker William H. Hudnut, III. Mr. Hudnut serves as the Urban Land ln~,t~t'~ite, Joseph C. Canizaro Chair for Public Policy at the l..'rban Land Institute in Washington. DC. Former four-term Mayor o~' Indianapolis and Congressman, author, think tani~ ~llow, and cler~,man, Mr. Hudnut is dedicated to promoting quality' land ~se ~nd tn~luencing public policy through research and education. :\s we take ,~ look at }~ow r[~ .... :~ .:~ l~as grown since the Council was established, we'll pay vribute to m'o ot- the region's br:<i~test leaders - former Council Directors Wayx~e Dattry and the late Roland East'~vc,, ~i ':: ~JJition, we'll examine what the future Holds · ~ Colleen Castille, Secretary ~,~ !:! ',:!~la's Department of Community,' .A~ffairs. ' .50-~,_0. ext. 232 For tnt0re intbrmatic, n. ;',: ~se ,.:~n~act Nichole k3winnett at (239) I~ '-~ ~. ,::!~ x .>~ i:iorida Regional Planning Council Pk) ~7~x :~c~: N~,rtt~FortMvers, Florida 5391fl-3455 -- AGENDA ITEM OCT 2 8 2003 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 tYaternal, 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 Jim Coletta hereby requests. that the Board of County Commissioners approve lbr payment by the Clerk his/her attendance at the following function / event: Function / Event: SWFRPC 30r~ Anniversary Luncheon. on Nov. 20. 2003 Public Purpose: To represent the ('ounW at this luncheon as a member of the Southwest Florida Retdonal Plannim~ Council. Date of Function / Event: Nov, 20, 2003 Amount to be paid by the County: $25.00 Mileage: Paid for by SWFRPC Commissioner Jim Coletta District 5 Southwest Florida Regional Planning Council Anniversary Celebration Th. ursday, November 20, 2003 ll:OO a.m. to l:45 p.m. Harborside Event Center 1375 Monroe Street, Fort Myers 525 per Persc. n In Collaboration \\'ith: The C}:amber of Sot~thwest Florida Tl',e Conservancy of Southwest Florida The Urban Land Institute of Southwest Florida i'romised Lands Section of the Florida American Plannin~ .&<sociation ACtA ITEM · . .'u03 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT FOR EXPENSES 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 Henning hereby requests that the Board of County Commissioners approve t~or payment by the Clerk his/her action regarding the following Coun' hatter: Item: Naples Park Mailing Public Purpose: To clarify Commissioners' quotes and subsequent articles written in regards to the Naples Park Community Plan/Dover Kohl report and County monies spent on said community. Date: October 7, 2003 Amount to be paid by the County: $ 1,035.59 October 9, 2003 Charges for North Naples Mail-out BCC OFFICE - 2,600 letters Postage - 2,600 letters ~ 30.9 cents ea. Envelopes - 2,600 ~ 7 cents ea. Paper (21 reams ~ $2.39 ea) $803.40 182.00 50.19 C0t ¥ TOTAL: $1,035.59 '"' AGE{,,ijDt~iiTiE~ ~ NO. ~_ 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 October 7, 2003 Dear Naples Park Resident: Recently you received your copy of the Naples Park Community Newsletter. Unfortunately, the newsletter falsely characterizes the Collier County Commissioners' position on the Naples Park Community Plan by Dover Kohl. I believe that several Commissioners' statements have been taken out of context. Enclosed are excerpts from the BCC meeting minutes of September 24, 2003, on said issue. I am hoping to clarify any misunderstandings with the following infbrmation. It is my feeling that Commissioner Coyle's comments are precisely a reflection of my oxvn feelings regarding the Naples Park Community Plan: 1. We're (the BCC) not going to spend any more money studying this issue. 2. The Naples Park Community Plan was induced and driven by the residents of Naples Park. 3. The BCC is taking direction from the Naples Park residents on the course of redevelopment, if any, for Naples Park; not vice versa. The County Commissioners will continue to inx cst tax dollars in Naples Park as we do for all communities. It is my opinion that there are persons in Naples Park that want to direct the results of this surYey by misinforming the property owners. Please, DO NOT let this be the case with you. Thank you for this opportunity to reiterate my feelings on this very important community matter. TH:mst enclosure Cordially, Tom Henning, Chairman (j Commissioner, District 3 ~A 'T.E ~ ,NO. ~ CHAIRMAN HENNING: Commissioner, let me just ask you this: Looking at this question, would it be saying that the county's doing a great job in code enforcement if they check I'm opposed to increase code enforcement in education? COMMISSIONER HALAS: That would be good, yes. CHAIRMAN HENNING: They would say that we don't need any more code enforcement. Let's say that, you know, they own an ATV and a boat and two dogs and a family of 24 living in one house. Well, maybe they're not family, but somehow they're related. And they would be probably not in favor of it because they probably wouldn't comply to the Land Development Code or the ordinances. That's all. Again, I'm going to be quiet. And Commissioner Coyle, do you have any -- COMMISSIONER COYLE: Did Commissioner Halas finish? COMMISSIONER HALAS: Yes. COMMISSIONER COYLE: Yes, I compliment you on the work you've done. It must have been really, really difficult. The advantage you've had is that you've listened to both sides of this thing. The only problem is I think this is the first time you've encountered us in this particular setting. And I'm sure it's hard to understand what our positiofis are. But I'd at least like to share mine with you. And like Commissioner Henning, I'm going to be guided by Commissioner Halas's position, because it's his district and he's very familiar with it. But basically here's where I am with this issue: Members of the community came to the county .~overnment and said we want to do somethin~ to imvrove our communiW, will you hdv us? And the eovemment said -- the staff said well, sure, we're always happy to try to help, and in fact we're doing this in other communities. And then as we get into the process, we find th~~-- people that are opposed to it and they say no, we don't '~~ do this. And so now we have opposing factions for and against. And then we try to get -- go through the democratic process and have a vote and let everybody express their opinion so that we'll know what to do. Because we're not going to make the decision. The residents would make the decision as to whether or not any kinds of changes or improvements or whatever occur in Naples Park. It's never been a Collier County government project. But we spent a lot of money on this. I'm not spending anymore money on it. At least-- wait a minute, wait a minute, you need to understand the implications of that statement. What we've done is we've taken money from all the taxpayers in Collier County and we've sunk it into this particular project. And I'm not happy with the result and the residents aren't happy with the result l~robablv on either side of the issue from the residents. The last thine: I want to hear is somebody saying we want to spend more money studying this. What I would like to do is find out do you want it or do yo~.: not xvant it? If you want it, then you'll get it. If you don't want it, then you're not going to get it. And the next time a community comes before this board to ask for some assistance, the first thing I'm going to ask them is have you formed a municipal services taxing district to pay for it? I am not going to vote in favor of providing any money to any community for this kind of a planning effort in the future unless you've got the money to pay for it. I am not going to waste taxpayers money on this sort of thing ever again. At least I will not vote for it. But please, if there's a way to bring this thing to a final conclusion. You know, either you want it or you don't want it. Let's get out of this thing or let's get on with it. And so -- well, you don't want it, there are other people who do want it. CHAIRMAN HENNING: Folks, please, please, no conversation between the board members and -- out plenty ample time to come up to the Board of Court and view your opinion on this item. :here. You have COMMISSIONER COYLE: But it's a democratic vrocess, we want veople to vote, or at least Rive us an indication in the survey what' we should do, because we're not going to ram it down anybody's throat. But I just want you to understand and maybe my fellow Commissioners to understand that I'm looking to see this thing brought to a resolution. I don't want to prolong it with additional studies. I just want somebody to say yeah, let's do it, no, let's not do it. And then we'll make a decision and get on with our lives and get out of this business of fighting each other all the time. CHAIRMAN HENNING: Commissioner Fiala, then Commissioner Halas. COMMISSIONER FIALA: Thank you. Just in response to what you just said, Commissioner Coyle, what happened when this all began -- of course, I live in an area called East Naples, and we want very badly to improve our area, very much so. And the county had allotted money for East Naples and for Naples Park, a little bit for each. Naples Park people came and said can we use your money, because ~ve're ready to go. So of course we in response, because we wanted to help you as much as we need everybody else's. We gave up our money so that you could do this. Now what it's done is it's left a bad taste in all the Commissioners' mouths, and we'll probably never get that again. We're paying our own way. I mean, you look at Bayshore, and you see progress. You look at the Triangle, those are poor people in there and they're paying their way. But it's too bad that you have to yell and stuff like that, because, you know, we're trying -- all we did was come in on the tail end. We didn't start this. We thought you wanted it and we were trying to help you. And all we do is get yelled at. And it makes me feel bad, because I voted to give u~h~enev ::: we had for an area that do want to imProve to you wh ' '~ ' NAPLES PARK COMMUNITY N Vol XlV Issue II PUBLISHED INDEPENDENTLY FOR THE COMMUNITY OF NAPLES PARK SEPTEMBER 2003 NAPLES PARK PLAN AND THE OFFICIAL SURVEY · The official Survey will be mailed out in an envelope from Trullinger Associates lnc, and not a Collier County envelope. It is being mailed out in early October. Watch for it. Read it carefulh' and fill out the questions. This is very important! · Do not give your Survey to anyone else to fill out for you! Do not allow anyone coming to your door to intimidate you! The Survey is completely confidential. Your response, will be secret and no one else can ever find out how' you voted. A flyer is being sent around Naples Park. It is full of distorted Inisinformation designed to frighten those who have not read the Plan. It's garbage and that's where it belongs. Throw it out! Make up your own mind! Vote the wav YOU want to. This flyer includesa ridiculous survey being sent out bv some who are against everything. Ignore it. It does not count and is designed by people ~ ho don't care about their neighborhood but are just negative for negative's sake. Throw this silly survey out! With so much false information, and downright lies being circu- lated about the Naples Park Community Plan and tile Survey. residents of Naples Park need some honest facts. The Commu- nit)' News has always strived to intbnn, not misinform, so here- with you x;ill find the whole truth, and nothing but the truth about the Naples Park plan and the survey polling all the prop- erty owners for their opinion on each and every item. The Survey itself reflects the various menu items that are in the Naples Park Community Plan that was created to propose solutions to problems that have been raised by residents of Naples Park for years: issues that have to do with their safety, the inadequate secouda~, drainage system, code enforcement problems, poor traffic controls with too much speeding, and cut through traffic. It is important to know that the Naples Park Plan is not a Dover Kohl plan being pushed down our throats. They arc merely planning consultants, not builders or developers. Nor is it being forced on us by the County,. They had very little to do with it except fund it! The plan arose out of a need to address constant complaints from residents about on-going problems in the neighborhood. Tile more far-sighted of our residents could see that if we didn't have a plan for the future we would have no control over what will inevitably happen to Naples Park becaus: of our proximity to the beach. There is a great need for creating a set of zoning regu!a- tions that will be specific to Naples Park that will protect us from losing out to the bulldozing of the older homes, and re- building of mega houses that has already started. Without zoning codes tailored to meet our need to Dreserve what we hay,. developers can call all the shots. Do we want developers decid- ing what Naples Park will look like in ten years, or do g~£ ~xant to tell them what they can or cannot do? Failure to implement a plan protecting Naples Park is an open invitation tore-dexelo~ers. There will be nothing to stop 1hem and in a few short )'cars we xvon't be able to recognize our neighborhood. Tile County was petitioned to fund a study to develop a plan based on the Community Character Study (FOCUS), the Commissioners who heard the plea understood the net sit) of doing something before something was done to us! Dover Kohl was tile company that landed the planning job. They were tile facilitators who enabled the residents of Naples Park to put their wishes in a usable form - the Naples Park Community Plan. It is NOT the Dover Kohl plan. It is a plan based on what the people of Naples Park said they xvanted to see the neighborhood look like in the future. Those who did not bother to participate in the planning are the nega- tive whiners who think they can stop change by keeping their heads in the sand. Their plan to protect Naples Park is to make sigms saying, "Leave Us Alone". That simply doesn't work. What does work is planning for the future which is what the Naples Park Community,' Plan is all about. Residents of our neighborhood need to know that be- cause of a few who have been spewing out hatred and lies at eveu' opportunity, the Commissioners have stated they will never spend another penny on Naples Park. This is our one chance. Unless ~ve vote for this Plan, or parts of it, we xvill never have another chance to do any improvements for the next 10 or 15 years, if ever. Anyone going down to the Count) with new plans or overlays will be laughed at. This negative bunch from ? the hopes of other neighborhoods velop their own plans. It's hi~hl~ unlik-el~qn-i'II~'l)x:~e mosphere tile Countx will fund a: x mo~ ~smdies. ~'~.q~ Tile County h;s spent a qu~er~f ~i ~;n~agl~ars o~ us. Let's rise to tile occasion anc[prok~g.~~h~' ofit. To nnderstand all the details oo to FAQs on page 3. FAQ'S: Frequently Asked Questions ?2~Vho started this in Naples Park? What was the motive? Who profit'?" The Naples Park Community Plan was started as a grassroots ef- fort by Naples Park residents who have heard lots of complaints about how I~ad certain things are in Naples Park. We have chosen to live here and like it just the way it is but felt that instead of just letting the future happen to us we might all be better offifthere could be a plan. The plan would be intended to preserve the positive features of Naples Park and to identify improvements that could be pursued in the future and what methods and costs would be involved for achieving them. Clearly, the entire community would benef'.' by having a plan in place to protect the character of Naples Park and to guide future development. "Is this plan a total package that you have to take or leave it in its entirety? No. The proposed plan is a menu of ideas. The Naples Park property owners are being asked which ideas and improvemems they wish to pursue. The proposed plan identifies some ideas that when im- plemented will not cost property owners anyxhing. Other improve- mcnts have price tags associated with them, principally in the consider- ations of proposals to improve drainage and add street amenities (sidewalks, lights, trees). It is important to note that each item in the plan. and covered in the survey, is be evaluated on it's own merits and worth to each home owner. "Is the purpose of the plan to get rid of the working-class people in [he community? Does the count)' have a secret plan to displace the ng time residents so they can redevelop the area?" No In spite of what some in the community would have you b¢'lie;'e, the plan's ideas are designed to preserve aflbrdabiliD~' and di- vcrsiw in Naples Park. Read the imms in the plan and make ?our own judgment on each. "Will the county use eminent domain to take property, to clear houses for parks or for expanded commercial areas'?" No. The plan proposes that any changes in ownership of prop- erw would be done on the basis of private economic incentives over tir~e. This means NO eminent domain to take property for any pur- pose whether it be for a park or other open space or for enhanced com- mercial areas. Properties would only be purchased as they came on the market - when someone puts their's up for sale, "Does the plan call for the building of 3-story houses or condomini- ums? No. Not many people understand that the current zoning of Naples Park already allows three story homes to be built. Ifa developer can accumulate enough lots, he can build a large multifamily housing unit today. What the plan proposes through creating a zoning overlay ~s that th~ height limits be reduced, so that new houses do not disturb the privacy of their neighbors, so that the current character of Naples Park can be preserved. "Is the proposed beautification of Naples Park going to cost big bucks? Whv pay $10,000 per lot t° make pretty streets?" No. :I'he estimator from Fort Myers said the entire Plan would cost between $6,000. to $6500. per lot but he decided to round the fig- ute up to cover any unforeseen expenses. Two estimators who live in Naples Park also said the cost would be closer to $6000. to $6500~ B:auty may be 2ood but that is not the primary purpose of this plan. Naples Park was laid out by the original developers more than 50 years ago under the county, standards at that time. It was built without a proper drainage system. Many of the newer developments in the county have approprinte and effective infrastructures meeting the current code with costs being paid for and included in the price of the homes built. These newer developments and their homeown- ers have already paid for their superior drainage and street system. There is no doubt that going back and fixing the drainage in Naples Park will be expensive. There are different ways to fix the drainage along each avenue; each method has advantages and disadvantages. The survey spells out the options along with the projected costs. Naples Park property owners will be the ones to decide whether to fix the drainage and which method they prefer. The more expensive methods; involve filling the deep ditches nnd allow that space to be used for sidewalks, lighting, and rows of street trees that would shade the sidewalks. "Will every property owner in Naples Park be given the right to respond tea survey of theirpreferenees for each of theele- ments in the plan?" Yes. This is a democratic process where each property owne will have his survey counted based upon the total number of 50 foot lots he owns. It is i~nportant to note that on those planning menu items that require funding by thc lot owners an assessment of the cos of these improvements will not appear on the tax bill until after con- struction is complete and the street improvements are in place. "What are the means for paying for the improvements? Ifsom means for paying for it over sexeral >'ears were offered, perhap more people would be willing to vote for it." The plan suggests there may be a variety of sources of fund- lng to help with any of the improvements that involve costs. These sources ma5' help defray some of the costs. In any event, when an improvement occurs that involves costs to the property owner, the will on13 be assessed against the propert3 after the construction is complete, t'he property owner x~ill be given a choice to pay over time (usually over 20 years). Payments over time must include the interest charges. "Where are visitors to our homes supposed to park? What about the paved spaces in front of many of these ditches that th, count.~ already approved?" There is an option in this plan that proposes parallel parking along some of the avenues of Naples Park, intended for overflow parking. Whether this ever happens will depend in large part on thc results of the survey on this item. "Will existing zoning be changed to accommodate multi-family units or condominiums?" Today's zoning for Naples Park already allows multi-family units: ~;~' new ones are being built because two lots are required fc each duplex, three lots for each triplex, etc. No one is proposing tc convert Naples Park from a trad, of condominiums. This plan doi types be allowed in a few locatt remain aftbrdable ibr residents types, such as town homes, mig cas, such as near the commerctz alonst the edge of new commun eturn Address: PCCI aples Park Coalition for Community. involvement .O. BOX 770632 aples, FL 34107 PRST STD US Postage PAID Permit ~r242 NAPLES, FL TO: COLLIi~R COUN-Fy 3301 TAMIAMi TRL E NAPLES, FL 34-112-3969 Neighborhood dories Editor, Naples Daily New~ For the people of Naples Park, I recom- mend a one word response to those that would want to tnire over your community:, ,Naples Park has grown slowly and in a very. 'acceptable fashimx R has beauty, have always been tho~e that waxlt to tell others how they ~hould ~ but that group seems to have become more vocal as our ax~ is engtllfed by the new gated community, everythhag uniform, with rnattonlr~ b~_t~i~ di~ look. You have n. rnb~ts and solidarity in your favor, so stand your ground *_nd retain your own personMity. If thee, e people want tO s~e a llew rrmnictlred comrmmlty, let them build it on a board in. their family room and enjoy it to there heart's content, If they were allowed to redo the people of the United States w.e would have 290 mil- lion clones walking around. 7-( I~o.3 NAPLES PARK PLAN Planners raise suspicions -Collier County government planners still don't get it. They continue to insist that Naples Park's so-called improvement plan is not a product of big government, and wonder why some Naples Park residents remain skeptical -- even fearful They do not understand why bureaucrats insistln~ thnt the plan is a pet projec~ of the people isn't clicking with the people. The sideshow continues. County planners say there are migconceptio~ls of what the pi:an, will and will not do, and insist the project is disconnected from politic~ So, instead of holding more meetings in Naples Park with grass-roots citizens, the planners' next a most powerful politicians in the county County CornminsioR, on Jnne 10, ,~. :~V If the county is serious about really se~g of Naples Park, the c6unty needs to take a~stepba~.~ rethink how all of this looks. Every move t~ad~ more suspicions of setting the table for the~ of Naples ParL 0CT--08--200~ 02154 PM FI -~ER~L~ 61' 54428 P. 0S POLLING INFORMATION SHEET Dover Kohl Community Improvement Plan, Facts: 1. January 2001 the Board of County Commissioners commenced with the preliminary community improvement plan. 2. The Board of County Commissioners spent $250,000.00, under contract with Dover Kohl far this plan. 3, The plan was not made public to your community until late in the planning stages, in late 2OO2. 4. February 2003 the improvement plan was revealed to the community. This included storm ...... drainage pipe, side.~alks, street..lights eve~/100, feet,, two (2). 14 foot 16 foot-living.oak - trees per lot (who will maintain these trees and clean up after them?) and round-a-bouts at designated intersections to calm traffic. There would also be a new street named 8%th Street running behind all the commercial property, in this community, on US 41. 5. In 2001 the Board of County Commissioners failed to survey you and this community to see if you or the community would be behind this plan as instructed by the County Manager,.Mr. Tom Oilf. 6. On June 10t~ 2003, Mr. Joseph Schmidt, Director of Collier County Community Planning '- and Redevelopment, has admitted in failing to propedy contact all of the property owners in this community. He, (Mr. Schmidt),.. decided also to, with the consent of the Board of County Commissioners, to change from a-formal election which would have the last say, to a ballot out side the normal avenues of elections thus the term "straw ballot". This procedure according to State Law is illegal for the county to pay for or charge our community for. Now he, (Mr. Schmidt), has at the last minute changed the wordage to a survey far an additional $25,000.00. This survey will not guarantee the Commissioners will adhere to the will of the community. 7.- This plan will come with a pdce tag to you of $10,000.00 plus assessment per 50 foot lot. After reading these facts you will agree the only right, fair and democratic thing to do is a simple yes or no vote on this poll. This is exactly what we have provided for you so your voice will be .... J:~afd.~loRfl-with the-rear-of, thio- good- commum~: ............ Please fill out the enclosed poll to ensure the recording of your feelings regarding this plan. Be sure to list your properties and place the number of lots in the designated area, Place this poll in the self addressed envelope and mail by October 3rd. information or questions Please call: ~ ~0. J...t~_~.~..cLM ~ For further (239) 598-3984 or (239) 592-5818 or (239) 592-9322 or (239) 597-4763 ! ..... ¢ ....,~ ,, 0CT--08--20~5 0£ :5~ PM Fi --GERALD 61 '54428 P. 02 FACTS YOU SFiOULD I~-NOW .aM©UT T]~ $250,000 NA~L.~S PA1LK COM.ad~~ PLAN 1. Only a~ter Underground Drainage will the residents get street trees, side3vaik$, street tighting and on street parking. 2. On September 30th the commissioners will vote for a franchiae fee. A 5.9% tax on all of Collier County which will pay for drainage yet they include inflated prices for drainage in Naples Park - estimated $10,000 or more. 3. Trees: The commissioners are entertaining a bill to supply $800,000 worth of trees for Wyndemere County Club at no cost while they are charging Naples Park six million-three hundred, thousand- (Y~6y300,000.). - ......... 4. Code Enforcement. Not needed. Strtcker enfocement ia what's needed. 5. The safety problem is the duty of the Sheriff's Department not the Planning Commission or the Board of Collier County Commissioners. 6. Parks are not part of the plan. Although they would like to add the expense to the plan. 7. Community Squares and 8-1/2 Street were not supported by the majority in February and April of 2003. They were removed but now are back in the plan. 8. There have been 3 surveys conducted which confused the residents, now they are planning another sanctioned by the Planning and Development Department and the County Commiussioners at a cost of $2S,000. The County Commissioners will take 12 feet Off your property and plant trees and place drain pipes there. You will be responsible for anything that goes wrong - .... .roots in your pipe lines, maintaining lawn and prunning tr.ees, etc,. at. yo.u_r., expense. Your credit report will show a lien against your property for $10,000. on each 50-foot lot you own. 9. It will take Z5 years to complete. You will have to contend with detours and closed streets year=in and year-out. 10. Your milage rate will go up, your taxes will go up, your assessments wili go up, as well as your homeowner's insurance. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 2§, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1. Mosquito Control District - FY 2003-2004 Meeting Schedule. Heritage Greens Community Development District - Minutes for July 14, 2003; Agenda for July 14, 2003; Operating Budget FY 2004. B. Minutes: Collier County Planning Commission - Agenda for October 2, 2003 Minutes of September 4, 2003. Bavshore Beautification M.S.T.[J. - Agenda for October 8, 2003; Minutes of September 10, 2003. Bayshore Gateway Triangle Local Redevelopment Advisory Board - Agenda for October 7, 2003. Lely Golf Beautification Advisory Committee - Agenda for October 16, 2003; Minutes of September 11. 2003. Golden Gate Estates Land Trust Committee Meeting - Minutes of Monday July 21,2003. Pelican Bay Services- Agenda for October 1,2003; Minutes of September 4, 2003; Minutes for the Budget Sub-Committee September 10, 2003; Clam Bay Sub-Committee - Agenda tbr October 1, 2003; Minutes of June 26, 2003 and Adopted Budget tbr FY 2004. Development Services Advisory Committee - Agenda for October 1, 2003; Minutes of September 3, 2003. 8. ProductiviW Committee - Minutes of August 20, 2003. H:Data/Forrnat Collier County Hispanic Affairs Advisory Board - Notice of Meeting and Agenda - September 25, 2003. AGF~,DAI~'~EM OCT 2 8 2003 10. 11. Environmental Advisory Committee- Agenda for October 1, 2003; Minutes of August 6, 2003: Environmental Impact Statements and Vegetation Removal Packet. Vanderbilt Beach M.S.T.U. Advisory Committee - Summary of Motions and Minutes for September 4, 2003: Agenda for October 2, 2003. 12. 13. Coastal Advisory Committee - Agenda for June 12, 2003, August 12, 2003; Affidavit of Publication Notices for the NDN from January, 2003 through September 11,2003: Minutes from January 9, 2003, February 2t, 2003, March 13, 2003, April 10, 2003, May 8, 2003, June 12, 2003 and August 12, 2003. Forest Lakes Roadway and Drainage M.S.T.U. - Minutes of September 11, 2003. Other: 1 ) Guy L. Carlton, Collier County Tax Collector - The Errors and Insolvencies list for the tax year 2002. H:Data/Format 0 C'i' 2 tl ZO0: EXECUTIVE SUMMARY RECOMPIEND THAT THE COLLIER COUNTY COMMISSION ENDORSE THE UNITED STATES DEPARTMENT OF J-~STICE/DEPARTMENT OF TREASURY FEDERAL EQUITABLE SHARING ANNUAL CERTIFICATION REPORT. Q~ To have the Collier County Commission endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report form. ~^~ff, CONSIDERATION: The Collier Countv ~=~ s Office participates il joint investigations with the United States Department of Justice and United States Department of Treasurv to enforce federal criminal laws. Local law enforcement agencies that directly or indirectly participate in an investigation or prosecution that result in a federal forfeiture by these agencies may request an equitable share of the net proceeds of the forfeiture. Fiscal year 2003 funds supported grant matches. The Departments of Justice and Treasurv require that a Federal Annual Certification Report be submitted ~,~[%hin 60 days after the end of each fiscal year. The fiscal year 2003 Federal Annual Certification Report needs to be signed by the Chairman of the Board of County Commissioners. FISCAL IMPACT: Requested equitable share revenues are accounted for according to Equitable Sharing of 7~e~lly Forfeited Property for State and Local Law Enforcement Agencies ,~uidelines. The fiscal year in which 5he revenues are received depen~]z .... .~,hen a case is closed. Total revenues to be received cannot be :/!.etermined until cases are closed. gROWTH IMPACT: None. RECOMMENDATION~ That the Collier ilc'~nz¥ Commission endorse the Federal Annual Certification Report form. PREPARED BY: APPROVED BY: DATE: DON HUNTER, SHERIFF October 6, 200~ jh/a:xsfe3 Federal Annual Certification Report This Annual Certification Report must be submitted within 60 days after the close of your fiscal year to both agencies: U.S. Department of Justice/ACA Program 10th and Constitution Avenue, NW Criminal Division/AFMLS Bond Building, Tenth Floor Washington, DC 20530 E-mail address: afrnls.aca~usdoi.;iov Fax: (202) 616-1344 Law Enforcement Agency: Collier County Sheriffs Office U.S. Department of the Treasury Executive Office for Asset Forfeiture 740 15th Street, NW, Suite 700 Washington, DC 20220 E-mail address: treas aca~,teoaf.treasqov Fax: (202) 622-9610 Sheriff's OfficedDeparlment (~'~ Police Department Contact Person: Joyce Houran Mailing Address: (Street) 3301 Tamiami Trail East, Bldg. J-I Telephone Number: { 239 ) 793-9346 Agency Fiscal Year I:nd~ on: (Month/Day/Year) 09/30/03 Task Force I~,.a~h Iisi of mcmb~s) E-mail Address: (cit~) Naples Prosecutor's Office r._'~ Other grants~colliersheriff, org (State) Florida Fax Number: ( 239 ) 793-9405 (Zip Code) 34112 NClClORIrrracking No.: FL01100 Summary of Equitable Sharing Activity Fiscal Year Ending 2003 I. Beginning Equitable Sharing Fund Balance . . - 2. Federal Sharing Funds Received ...... 3. Transfers From Other Law Enforcement Agencies (attach list) 4. Other Income .... 5. Interest Income Accrued (~1 check if non-interest-bearing account) 6. Total Equitable Sharing Funds {total of lines I - 5) - Please leave blank, this number will be calculated automatically. 7. Federal Sharing Funds Spent (total of lines a - n) -- Please leave blank, this number will be calculated automatically. 8. Equitable Sharing Fund Balance (subtract line 7 from line 6) -- Please leave blank, this number will be calculated automatically. $ 0.00 9. Appraised Value of Other Assets Received Summary of Shared Monies Spent 50.00 a. Total spent on salaries for new, temporary, not to exceed 1-year employees ~, $ 0.00 'oral spent on overtime - · , otal spent on informant and "buy money" . $0.00 d. Total spent on travel and training 5.0'00 e. Total spent on communications and computers $ 0.00 L Total spent on firearms and weapons $.0.00 g. Total spent on body armor and protective gear 5.0'00 h. Total spent on electronic surveillance equipment $0.00 i. Total spent on building and improvements 50'00 50.00 j. Total spent on drug education and awareness programs k. Total spent on other law enforcement expenses (attach list) $ 0.00 1. Total transfers to other law enforcement agencies (attach list of recipients) $0.00 m. Total permissible use transfers (up to 15 percent) (attach list of recipients) 50.00 Amount of line (m) transferred to and used for drug abuse treatment 50.00 and prevention programs n. Total spent on matching grants (attach list) o. Total annual law enforcement budget for your jurisdiction for current fiscal year p. Total annual budget for non-law enforcement agencies for current fiscal year Justice Funds Treasury Funds 37,933.03 $0.00 6,640.94 $ 0.00 0.00 $ 0.00 0.00 50.00 $.404.70 50.00 544,978.67 $ 0.00 $ { i,882.88 ) $ (0.00 ) 543,095.79 $ 0.00 $.1,882.88 5103,456,600.00 51.268,797,800.00 592,426,600.00 5 0.00 50.00 50.00 50.O0 $0.00 50.00 50.00 50.00 $0.00 $0.OO $0.00 50.00 50.00 $0.00 Title: ~ ~~ ~l~l~ This form is subicct to thc Freedom oflnfi Title: Chairman Collier County Board of Coun~ Commissioners /Jnder 5 U.S.C § 552. See ~ ;w,~.usdoiYO~,criminal/alinl~html for additional forms. q. Total annual law enforcement budget for your jurisdiction for prior fiscal year r. Total annual budget for non-law enforcement agencies for prior fiscal year $1,275,355,200-00 Under the penalty of perjury, the undersigned hereby certify that the intbrmation in this report is an accurate accounting of funds received and spent by the law enforcement agency under the federal equitable shining program during this reporting period. '/~' ~" 1 I4ame (Print Date 10/6/03 Name (Print or Type) Tom Henning Date ~.o,ature: ,../Wv [ '~ ~l( Signature: FEDERAL ANNUAL CERTIFICATION REPORT 2003 COLLIER COUNTY SHERIFF'S OFFICE 3301 TAMIAMI TRAIL EAST BUIDLING J-l, FINANCE DIVISION NAPLES, FLORIDA 34112 EXHIBIT I MA TCHING GRANTS LIST COPS MORE 2000 = $ 441.69 COPS MORE 2000 = 1,230.34 COPS MORE 2000 = 210. 85 TO TAL $1,882.88 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 SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from October 4, 2003 through October 17, 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 October 4, 2003 through October 17, 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. GROWTtt MANAGEMENT IMPACT: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of Connty Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serYe a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By: . ~.~'~ ~,t///~...~z',-/ Date: JanNqs L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Reviewed and // / Approved. By: o,v't Constance Murray General Operations Manager Date: OCT 2 20011 OCT 2 8 2003 I EXECUTIVE SUMMARY ADOPT A RESOLUTION TO AMEND COLLIER COUNTY RESOLUTION NO. 2000-126 TO CORRECT REFERENCES TO THE EXHIBITS IN THAT RESOLUTION OBJECTIVE: That the Board adopt the attached Resolution. CONSIDERATIONS: On May 2, 2000, the Board adopted Resolution No. 2000- 126, to vacate drainage and utility easements, and accept replacement easements. Resolution No. 2000-126 referred to its Exhibit "A" and "B." However, Exhibit A to that Resolution consisted of Exhibits A, B, C, D and E. A second Exhibit B was attached to Resolution No. 2000-126, consisting of pages 1 through 18. Therefore, there are inconsistencies between Resolution No. 2000-126 and the Exhibits that were attached to that Resolution. The enclosed Resolution corrects those inconsistencies and clarifies which Exhibits that were attached to Resolution No. 2000-126 describe the '~,c~tted easements and which Exhibits describe the replacement easements. FISCAL IMPACT: Adoption of this Resolution will have no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with adoption of this Resolution. RECOMMENDATION: That the Board adopt the attached Resolution to correct the Exhibit references in Collier County Resolution No. 2000-126. PREPARED BY: ..... .__ ~'~'~. [~'~~ Date: Tom Palmer, Assistant County Attorney APPROVED BY: David C. Weigel, Date: / ¢///""/(2 8 OCT i RESOLUTION NO. 2003 - AGENDA ITEM NO. ~ OCT 2 8 2003 A RESOLUTION OF THE BOARD OF COL~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY RESOLUTION NO. 2000-126 TO CORRECT REFERENCES TO THE EXIIIBITS IN TIt,\T RESOLUTION WHEREAS, Resolution No. 2000-126, adopted by the Board of County Commissioners on May 2, 2000, vacated drainage and utility easements and concurrently replaced those vacated easements with replacement easements; and WItEREAS. Resolution No. 2000-126 stated that the easements being vacated were described in Exhibit "A" attached to that Resolution. but those Exhibits should have been referred to as "Exhibits A. B. C, D and E," which are recorded in O.R. Book 2675. pages 2705- 2713; and WHERE\S, Resolution No. 2000-126 referred to tile replacement easements being accepted as "Exhibit B" attached to that Resolution. but that referenced "Exhibit B" was designed in hand\wiling as being "Exhibit B (pages lot 18 through page 18 of 18). which ru-e recorded in O.R. Book 2675. pages 2714 through 2731; and WIIERE\S. this Resolution corrects all Exhibit references m Resolution No. 2000-126. N()g~;, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [. Collier Ctmnty Resolution No. 2000-126 is hereby corrected as follows: A. The last sentence following thc NOW. TIfEREFORE CLAUSE is amended to read: "Sec Exi~ibi[:5. ,~\ throu.~oh E attac~cd hereto and ir:co~poratcd herein, ,.xhich describ,~ the casements heine ¥'acatcd." and B 'File Firsl (o:' three) BE IT FURTHER RESOLVED CLA[.SE is amended to read: "BE 1T FL RTliER RESOLVED, that the utllitv and drainage casements more particularly described ia Exhibit "B" pages 1 oi 18 throm2h 18 of 15. inclusive, handwritten at the upper n~ht-hand corn, er on each pa~e of those Exhibits attached hereto and incorporated herein m ar~e hereby accepted as replacement easements for the drainage and utility easements x acated bY !h is ResoIution 5creupon." Resolution 2U00-126 vacated the easements described in the documents recorded in O.R. Book 2675. pages 2705-2713; and replaced those x'acated easements by operation of the documents recorded in O.R. Book 2675. pages 2714 through 273I. Neither Resolution No. 2000-126 nor any of its Exhibits are otherv, ise affected bv th~s Resolution. F'ASSEI) AND ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of .2003 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLLER COU,~TY. FLORIDA By: By: Deputy' Clerk TOM HENNLNG, Chairman EXECUTIVESUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 191 IN THE LAWSUIT STYLED COLLIER COUNTY V. G JR OF NAPLES, INC., ET AL., CASE NO. 02-2212- CA (IMMOKALEE ROAD PROJECT #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 fee simple interest of Parcel 191 for the Immokalee Road project in the lawsuit styled Collier County v. G JR of Naples, Inc., et al., Case No. 02-2212-CA. CONSIDERATIONS: On September 5, 2002 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 191 for the Immokalee Road project (Project No. 60018). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $11,800.00 for Parcel 191 in accordance with the Order of Taking. On January 14, 2003, the County made an Offer of Judgment for Parcel 191 in the amount of $14,160.00, excluding attorney fees and expert fees, which are statutorily required to be paid. The offer had previously been approved by the Board. 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 $18,100.00 to be paid to Respondents, Thomas and Patricia Sams. as full compensation for the property rights taken as to Parcel 191including attorney fees, expert fees and costs. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. o ,ISCAL IMPACT: Funds in the amount of $6300.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; and approve the expenditure of the funds as stated. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: uo. OCT 2 8 2003 REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ROV~ Acquisition Manager Transportation/ROW Gregg Strakaluse, Director Transpp~ation/ECM TraTortation Division Date: Date: Date: Date: Io - ~ -o'5 AGEND, ~A ~EM '3 No. ~ OCT 2 B 2003 Pg. ~ IN THE CIRCUIT COURT OF TIlE TWENTIETH ,1UDICIAL CIRCUIT 1N AND FOR COLLIEI,~ COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY. FLORDA, a political subdivision of the State of Flonda. Petitioner. "' '21 Case No.: 0,-, 2-CA Parcel Nc).: 191 GJR OF NAPLES. INC.. et al.. Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE having come bcforc tine Court COLLIER COUNTY, FLORIDA, by and through upon Joint Motion made by Petitioner. undersioned. ~, cotmsct, and Respondents. THOMAS E. SAMS and PATRIC1A A. SA. MS. by and through their undcrsi?ed counsel, for entry of a Stiptttaled Final Judgment as to Parcel No. 19t. and it appearing to thc Court that the pmlies are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner. C~' ' '~ ~ .... ~ ' ~u 1 compe~sation due o=~=tx ~OU.~,~ FLOR~A. is the ~'' and PATRIC1A A. SAMS, and the Court being othenvise fully advised in the premises thereof, it thereupon ORDERED AND ADJUDGED that Respondents. THOMAS E. SAMS and PATRtCIA A. SAMS, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eighteen Thousand One Hundred and No/100 Dollars ($18,100.00) for Parcel No. 191 as full payment for the propmty interests taken and for damages resulting 1o the remainden if less than the entire AG~DA ITEM OCT 2 8 2003 pt-¢~perly was lakcn, business damages, attorne,,'s fees md costs, and for all other damages in c~nnection ,.`. itt~ said parcel; it is further ORDERED that excepl as pro'¥ided herein, no additional attorney's fees or other cosls shall be av, arded in connection with the above-styled cause of action ;ts it relates to Parcel No. 191: it is further ORDERED that thc Clerk of this Cou~t shall disburse the total amount of Eleven Thousand Eight Hundred and No/1011 Dollars ($11.800.tl0') to SPARKMAN & QUINN TRUST .\CCOUNT, c.,.'o Jeffrey (_7. Quinn, Es{.tuire, P O Box -i2S..Naples, FL 54i01-7i2S, less anv amounts p~e~ Iousl?' paid for the benefit of Respondents, TI-tOM,.,~ E. SA.MS and PATRICIA A.. S,-\MS for a pol-tion of full compensation: it is further ORDERED that Petitioner. COLLIER COL:NTT. FI~ORIDA. shall disburse tine yum of Six Thousand l'hree Hundred and No/ltl0 Dollars 15631lll.llll) to SPARKMAN & QUINN TRUST ACCOUNT. c/o Jeffrey C. Quinn. Esquire, P O Bo), 712~, Naples. r'L 34101-7128. sub.jeer to approval of the Board of Count,,,' Commissioners within thinx (30t daxs of thc date of this S, tipulated Final Judgment for the balance of full compensation- it iN ful-ther ORDERED that fee simple title to Parcel No. 101. bein~z fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner. COLLIER COL.TNTY, FLOR,DA., pursuant to the Order of Taking dated September ~, ,00,, and the deposit of money heretofore made. are approved, ratified, and confirmed: it is ftnlher ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3049, Page 1047. of the Public Records of Collier County. Florida be dismissed as to Parcel No. 191; and it is fmlher ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. AGENDA ITEM .--~ NO. ~ OCT 2 8 2003 day of DONE .AND ORDERED in Chambers at Naples, Collier County, Florida. this .2003. conformed copies to: Heidi F. Ashton. Esquire Jeffrey C. Quinn, Esquire Glen Tucker. Esquire Bookkeeping CIRCUIT COURT JUDGE JOINT NIOT1ON FOR STIPULATED FINAL .IUDGMENT The Parties hereby stipulate and respectfully request this Com-t to enter the foregoing Stipulated Final Judgment as to Parcel No. 191. mt°d: ..) /j ,// // t", '/' /"' /'"~ J EFF~::~ QUINN, ESQUI~ Florida Bar No.: 289965 SPARKMAN & QUINN P O Box 7128 Nuples. FL ~dI01-7128 f2~9) 64~-626~ - Telephone ATTORNEY FOR RESPONDENTS Datcd: HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 966770 COt~TY ,ATTORNEY'S OFFICE Harmon 'Furrier Building 3301 East Tamiami Trail Naples. FL 34112 (239) 774~8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER AGENDA ITE~ NO. ~ OCT 2 8 2003 0 co ~ n 0 ~ 0 t'- n ? ~ Z 0 FEE SIMPLE INTERES - r~ THOMAS E. SA~S ~IOMAB E. SAMS ~ PA~ICIA A, ~A~S ~ PA~ICIA A. 0 Z iMMOKALEE ROAD S.R. 846 AGENDA'ITEM~ NO. _1~ h' c.~ OCT 2 8 2003 Pg. ~ AVPLAT2003-AR3691 SHEET 1 OF 2 EXECUTIVE SUMMARY PETITION AVPLAT2003-AR3691 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 20 FOOT WIDE ALLEY IN BLOCK 50, ACCORDING TO THE PLAT OF "NEWMARKET SUBDIVISION", AS RECORDED IN PLAT BOOK 1, PAGES 104 AND 105, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST. OBJECTIVE: To adopt a Resolution to vacate the 20 foot wide alley in Block 50, according to the plat of "Newmarket Subdivision." CONSIDERATIONS: Petition AVPLAT2003-AR3691 has been received by Planning Services from Aim Engineering and Surveying, Inc., as agent for the petitioner, Armando Yzaguirre, requesting the vacation of the 20 foot ~vide alley in Block 50 so that the petitioner can construct a convenience store. The petitioner owns Lots 1 through 16 and Lots 21 through 40, Block 50. The alley was never constructed. The petitioner has submitted a site development plan to the County which will be approved once the alley is vacated. The petitioner will provide easements to Lee County Electric Cooperative and Sprint so that their facilities that are located within the alley will either remain in place or be relocated to the perimeter of the site. The o~vners of Lots 17 through 20, Block 50 (Virginia and Michelle Villarreal) have been contacted and they have stated that they do not have any objection to vacating the alley but they have not submitted a Letter of No Objection. Letters of no objection have been received from the following Collier County Departments: Transportation, Engineering Services, Stormwater Management and Immokalee Fire Control District. Letters of no objection have also been received from Immokalee Water and Sewer District, Lee County Electric Cooperative, Time-Warner Cable and Sprint. Zoning is C5-FMOSD. This Executive Summary was approved by Alan E1 Urfali in Transportation on 7-17-03. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost o f advci~ising, recording and processing the Petition. AC, E. NOA OCT 2 $ 2003 AVPLAT2003-AR3691 SHEET 2 OF 2 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 AVPLAT2003-AR3691 for the vacation of the 20 foot wide alley in Block 50, according to the plat of "Newmarket Subdivision"; 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; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: ~ ~_..~.-' /'/--, r:~ / ~_-_-~_~ Rick Grigg, P.S.M. Engineering Services DATE: Thomas E. Kuck, P.E., Engineering Services Director ,/)5~eph K. Sch~nitt, Administrator /L~Ommunity Development & Environmental Services DATE: AGENOA ITEM Pr OCT 2 8 2003 ,~]... RESOLUTION NO. 2003- A RESOLUTION OF THE COLI.mR COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2003-AR3691 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 20 FOOT WIDE ALLEY IN BLOCK 50, ACCORDING TO THE PLAT OF "NEWMARKET SUBDIVISION", AS RECORDED IN PLAT BOOK 1, PAGES 104 AND 105, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 3, TOWNSHlP 47 SOUTH, RANGE 29 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Aim Engineering and Surveying, Inc., as agent for the petitioner, Annando Yzaguirre, does hereby request the vacation of the 20 foot wide alley in Block 50, according to the plat of "Newmarket Subdivision" as recorded in Plat Book 1, Pages 104 through 105, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating the 20 foot wide alley in Block 50, according to the plat of "Newmarket Subdivision," as more fully described below, and notice of said public heating to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the follow/ng 20 foot wide alley are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. AC1EI~A ITEM A /'7 OCT 2 8 2003 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, and to make proper notation of t_his vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. day of ,2003, DATED: ATTEST: -~' DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Tom Henning, Chairman Approved as to form and legal sufficiency: Patrick G ~v~aite, Esq, Assistant County Attorney AGE. N~A ITEMA .OCT 2 2003 SKETCH AND DESCRIPTION OF THE ALLEY LYING WITHIN.. BLOCK 50, NEW MARKET SUBDIVISION SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA 100 0 50 100 200 POINT OF BEGINNING~ SW CORNERJ LOT I/ 44'02~06" E | 2o.oo' l// / CORNER~ LOT 40~ DESCRIPTION: SCAL~ I~ ~ SE CORNER S 4~° 59'07" 20.00' NE CORNER LOT ZI THE ALLEY LYING WITHIN BLOCK 50, NEW MARKET SUBDIVISION, SECTION :5, TOWNSHIP 47 SOUTH, RANGE ?.9 EAST, AS RECORDED IN PLAT BOOK I, PAGE 104. COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT I IN SAID BLOCK 50; THENCE SOUTH 45~55'12" EAST, A DISTANCE OF 499,62 FEET TO THE SOUTHEAST CORNER OF LOT 20 IN SAIO BLOCK 50: THENCE SOUTH 45°59'07" WEST, A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF LOT 21 IN SAID BLOCK 50: THENCE NORTH 45e55'12' WEST, A DISTANCE OF 499.64 FEET TO THE NORTHWEST CORNER OF LOT 40 IN SAID BLOCK 50; THENCE NORTH 44°07.'06' EAST. A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0,23 ACRES MORE OR LESS. NOT VA[JO WlTHOLIT ~ SiGNAllJRE ANO 114[ ORIOI~AL RAJS;~D SF. AL OF A FL~OA UC~NS;E~ SURVEYOR AHO 5300 LEE BLVD. P.O. BOX 1235 LEHIGH ACRES PREPARED BY: AIM ENGINEERKqG ~ SURVEYING, INC. ~ ~~:g~. ~,-~-oz' ROBERT YAD. ~IMP~ P.~M. - DATE PROFESSIONAL suRVEYOR AND MAPPER FLORIDA CERTIFICATE NO. ~ ~8 18 NOT A ~RV~ 8~ I OF 1 iol~o,~¢'r ~uu~r~, ~.'~o~e SKETCH AND DESCRiPI~.ON OF 01-8060 J THE A~ LYING WITHIN BLOCK 50, NEW MARKET SUBDIVISION RAiN B. Ys LWC ARblANDO Y7.AGUIRR£ J I COUNT¥: [OaT[~ I$~C-T~e-~e~: I~LE;~O60_ALLEy | ~/~/o~ I ~-~s-=~£ cou~ER FLORIDA ~S970 ~9/3SZ-4569 FX:Z39/33z-ST54 EXHIBIT "A" SHEET I OF I AVPLAT2003-AR3691 OCT 2 8 2003 PETITION FORM OF PLATS Attachment "B" FOR VACATION OF PLATS OR OF SUBDIVIDED LAND PORTIONS 16Al Date Received: ~Ftn,q, ~.'?. ~t:~, Petition #: t3~/iot.~-r-~t:~-mv,_~g_aa/I Petitioner: Address: City/State: Armando Yzaguirre 211 E. New Market Road P. @. Box 330 Telephone: 239- 657-3 276 Zip Code: 34143-0330 Agent: ~ Enqineerinq & Surveying, Inc. Address: 5300 Lee Boulevard City/State: Leh~qh Acres, FL Telephone:239-332-4569 Zip Code: 33971---1026 Address of Subject Property: 211 E. New Market Road Location: Section 3 Township. 47S Range 29E Leaal Description: Lot Block 50 Unit LoEs 1-16 & 21-40 Reason for Request: Vaca~ Platted Alley Current Zoning: C5-FMOSD Does this affect density? Subdivision: Plat Book New Market ! Page(s)d~a.~_/t~ I hereby authorize~g~ve to represent me for this petition: Signature of 1Vet/(,t, ioner , Print Name / -- ' t Yes [] No Date (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services ! Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (l) (2) (3) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, major stockholders. If applicant is a partnership, limited partnership or other bust! principals. List all other owners. Attachment "B" Page 4 of 4 .o. /7 l OCT 2 8 2003 Disclosure of Interest Information: 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 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owpr': by each. Name and Address, and Office Percentage of Stock /ac, Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address ITEM. m_/7 2003 Official Receipt - Collier County CDPR1103 - Official Receipt Board of County Commissioners Payment Slip Nbr [ AR 3691 Trans Number 3835O1 IDate 1/31/2003 10:35:48 AM Post Date 1/31/2003 Appl Name: AIM ENGINEERING & SURVEYING, INC. Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 5300 LEE BLVD. LEHIGH ACRES FL 33971 Proj Name: YZAGUIRRE Type: TAZ: 252 Subdiv Nbr: 1305 Project Nbr: 2003010063 Payor · AIM ENGINEER. Fee Information Fee Code i Description I GL Account Amount Waived i 12TRVC [REV ACCT/VAC EASEMENT-ROW 111313832032910000000 $1000.00 Total $1000,00 Payments Payment Code Account/Check Number Amount CHECK 2478 $1000.00 Memo: Total Cash I $0'00I Total Non-Cash ~ , $1000,00 Total Paid l $1000.001 Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT AGEI',~A tTEM/~ 0CT 2 8 2003 PI. Jan 09 03 04:34p yzacuirre Farms 239-B57-514B p.4 This Instrumem Prepared By: Thomas K. Boardman BOARDMAN & SPH.,LER, P.A. Post Office Drawer 5250 Immohlee, Florida 34143 Parcel I.D. No: 63865240000, 631t65280002, 63865320001, 63865520102, 63865560007 and 63~65600~ 2348269 OR: 2442 PG: 2307 RIC0~i0 In OffiCIAl, RICOII)$ I[ ~Ull N{IY{. BOA~Rtl SPILLH ~? AL WARRANTY ])FED Tills WARRANTY DEED, nvuie this [t?t'day of July, 1998, between EVERGLADES FARMS, a Florida general partnership, whose mailing addre~ is Post Office Box 909, In~noh]ee, Florida 34143, hereinafter referred to as the "(3rantor,' to ARMANDO Y'ZAGUIRRIg, whos~ wnilhlg addre~ is 4640 Little I.~ag~ Road, lmmokn]~, Florid~ 34142, hereinafter referred to es the 'Grantee." WITNE$SETH: That said Grantor, for in consideration of th= sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable considerations to said Grantor in land llid by said Grantee, the receipt of which is hereby acknowledged, has granted, bargained and sold to the said C, ramee, and Grantee's hebs and assigns forever, the following described land, situate, lying and being ~ Collier County, Florida, to-wit: Lots 1-12, inclusive, and Lo~ 30-40, inclusive, all in Block 50, New biarket Subdivision, accordin$ to the plat thereof in Plat B~ok 1, l~g~ 104 and 105, l%blic Rc~c~ of Colli~ Cowry, Florit~ gubject to easements, mmictions and reservations of record, as well as to rexes for the current ye~, TO HAVE AND TO HOLD the same with all ~d singular thc appurtenances thc~uutu belonging ~r in any way appcrtatning, nad tdl the estate, right, title end interest whatsoever of · e Grantor to the proper us~ and benefit of ~he Onstee forever, And, except as above, said Grantor does hereby fully wan'ant title said land. and will defend the same against the hwful claims of all persons whomsoever. AGENDA ITF. Y/'~ OCT 2 8 2003 3an 09 03 0~:34p Yza~uirre Farms 239-BS?-51~B p.5 OR: 2942 PG: 2308 1N WITNESS WHE~OF, Gmm°r bras hereunt° ii~_ ha~. the day and year .tim ,,bore written. Sillmod, smded and d¢livm~d ', '.' ' " o.~.- ~,~-,~. ~.,~ STATE OF FLORIDA I COUNTY OP COI..LBR The foregoing instrument was acknowledged before me this ..~ day of July, 1998, by Douglas L. Johnson and Oscar Yzaguin-e, as General Panners of EVERGLADE.~ FARMS, Florida general ixarmerskip, on behalf of the partnership, who am ~y imown to me or who produced Florida Driver's Licen~ Nos. as ldentffic~tlon. 2 A~A ~ OCT 2 B 2003 ~,~. /0,. ~_] 3an 09 03 04:35p yzacuirre Farms 239-B57-514B p.6 OR: 2442 PG: 2309 *** PARTNEP..~H1p A~T1 DA¥1T STATE OF FLORIDA COUNTY OF COLLIER BEPORE ME, tho under~ign~cl authority, personally appeaxed DOUGLA~q t,. JOHNSON tnd OSCAR YZAGUXRRE, who upon oath. state that they nm aH of the General Panmu~ of Eve~..la4es Famms, a Florida General p,u'tn~p; no general ndjudicated bankrui~ or incompetent, nnd no l~said l~.rmership has been - . o~cr p~r~mg',o% ~mic~ n~! ax~u~ed ~ ~~t~ ^~:~Am' SA~ NO'r. ~¢. SWORN TO AND SUBSCRIBED this _~ day of July, 1998 by Douglas L. Joh~on Oscar Yzaguirre, who are ~fmm:mally Imown m me or who have produced Florida Drivers' IAcer, se Nos. · a~ identificmtion. AGENDA ITEM ~ OCT 2 8 2003 .~. // Jan 09 03 04:34p yzacuirre Farms 239-657-5146 p.2 THIS INSTRUMENT PREPARED BY: Thomas K. Boardman BOARDMAN & SPILLER, P.A. 1400 North lSth Sitter, Suite 201 lmmokalee, Florida 34142 PREPARATION OF INSTRUMENT ONLY Parcel 1.D. No.: 63865360003; 63865440004; 63865480006; 63B65520005 DOC-.?O B~]~IAI & S~ILLIi IlaOU~ I'!, 24142 WARRANTY DEED TI-ilS INDENTURE, made this / ')- day of July. 2001. between Richard Johnson and Carolyn Joyce Johnson lmsband and wife, Grantor, whose address is1222 Fen'ester Avenue, Immokalce, Florida 34142, to Yzaguirrc Oil Company, lac, ;~ Florida Corporation, Grantee, whose mailing address is Post Office Box 330, Immokalce, Florida 34143. WITNESSETH, that the Grantor, for .',nd in consideration Gl'the sum of TEN DOLLARS AND NO/100 AND OTHER. GOOD AND VALUABLE CONSIDERATIONS, to him/her in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to thc Grantee, his/her heirs and assigns forever, tile following described land, situalc, and being in the County of Collier, State of Florida, to-wit: Lot 13.14, 15, 16, 21,22, 23, 24, 25, 26, 27, 28 and 29, Block 50, Newmarket Subdivision, according to thc plat thereof as recorded in Plat Book 1, Pages 104-I05, Public Records of Collier County, Florida. This conveyance is subject to cascm,:nts, restrictions, and reservations of record, as ~vcJl as lo taxes for the current year, TO HAVE AND TO HOLD in ice simple forever. And thc Grantor does hcrcby fully warrant the title to said land and, except as above, will defend thc same against lbo lawful claims of all persons whomsoever. AGENDA IT~ ^ OCT 2 8 2003 Jan O9 03 04:34p yzaguirre Farms **' OR: 2862 PG: 2638 IN WITNESS WHER£OF. the Grantor has I~ereunlo set his/her hm~d as of lbo day and year flint above written. Witnesses as to Richard Johnson: (Print) (~,.i,t) ,'~' ~.~,' d 1.4' c,c, /~.~o Lt_ - Rl~:l~rd ,Iohnson ' ,y ' p.3 Witnesses as to Carolyn Joyce Johnson: (Prlnt)/~'~/a~./~ ~.T. ~//a~'.~ (Prlnt).~ ~. ~ ~,_ STATE OF NEVADA CO~Y OF CLA~ } Thc foregoing inst~mcnt w~ acknowledged before mc this '~ofJuly. 2001, by, ~vho ~personally known to me or who produced Florida Driver's License ~ }~J ~' .... .~.?:~ ..... [ NOT~ P~LIC Print Name: .~<~-~ STATE OF FLO~DA } CO~Y OF COLLIER ) Carolyn Joy~ Johnson The foregoing imtrument was ackno~vledged bolero nm this/~_: of.My, 2001, by, who is ,_..personally known to me or who produced Florida Driver's License No. as identification. No'r~Y PUBL~C-//. '. ~ OCT 2 8 2003 Jan OB 03 02:53p Yza~uirre Farms 239-BS?-S14B p. 1 90UNT DUE VALUE 41,059 Mill RATE 44.40 651.11 657.63 3-4.34909119 ~oum Am*.mU~ ~~~/ 2.5620 1.9722 .5265 3.0000 .0268 16.3484 AD VALOREM TAXE~ 16 0.61 couxn' 178 · 57 SCHOm.-STAT[ 105. 19 SCHOOk- cmr 80. 98 DEPENOfdfl* 21 · 62 wA~ HGT. 123.18 IND,. 1. 10 VOTE~mm.O~. 671-25 NON-J~ VALOREM ~MENTA ROADS WAT~RAEWTR COMM. IMFROVE. ~.r~N~O: / 638G5360003 67t.2~ ~GAcDuc.'~'-','NEWMARKET SUBD BLK 50 LTS 13 THRU 16 GARBAGE COMBINED TOTAL h~, £1'i I L..~, ~ U.'. 11~ , 664.541 673. PAY IN U.S. FUNDS DRAWN ON A U.S. ~ANK 1'0: COLLER COUNTY TAX COLIFCTOR COURTHOUSE COMM. EX - BUILDIN6 C-1 NAPLES, FLORIDA ~4112-4997 N~CO~ I .9 f u,~owcoo[ 1 YZAGUIRRE OIL COMPANY THC PO BOX 330 IMMOKALEE FL 34143-0330 PAID - 03/01/08 657.8~ REC~.:.'S' .. 1172.23~ . .; . __ GUY ~'~:~:'C~RL.TON ~ TA'X*:COELECTO~ 0000063865360003 0000067125 0000000000 00000 3 MOUNT DU~ 994.37 499.52 504.67 509.8P~ VALUE 31,500 MILL RATE 3.9119 91- ~nn 4.3490 2.5620 1.9722 · 5~65 3.0001 .0261 16.348 AMOUNT AUTHORITY AD VALO~JI 123.22 cOUNTY 136 · 99 schooL- STATE 8 0 - 7 0 SCHOOL- LOC.dU, CrTY 62.13 DEPEklDEIgT 16.59 WATU~ 94.50 moB,. sP~C~ .8 4 VOTI~ APPR. 514.97 ' ROA~S 'WATER/~ E'WER COMM. IMPROVe. GARBAGE ~cB..umual.. / 63t~65440004 St4.97 ~o~'"~:NEWMARKET SUBD BLK 50 LOTS .... ~1' THRU "~ PAY IN U.S. FUNDS DRAWN ON A g.I. ~ANKTO: COl I IBt COUNTY ~AX C0LECTOR COURTHOUSE COMPUg[- BUILDING C-1 NAPLES, P,.0RIDA 34112-49~7 wu. coo[ I q I ~sc~owcoo,: I YZAGUIRRE OIL COMPANY INC PO BOX 330 IMMOKALEE FL 34143-0330 COMBINED TDTAC PAID ~ 03/01/08 504.69 R£C~?., 117~.23~' ~ GUY'.L':~.':iC~R~ON ~.,TA~':~CO~ECTOF 0000063865440004 0000051497 0000000000 00000 2 2002 COLLIER COUNTY NOTICE OF AD VALOREM TAXES AND SCO~'~-EARNED 4% IN NOV 3% TN DEC I e~' iN d MOUNT DUF' 494.37 499. 521 50 v~.u~ MlU. RAT[ · SE~EO 3 1 ~ 5 0 0 ~ V~ T~' 3.9119 123.22 cou~ 5 , 4 · 3490 136.99 ~HOOC-~A~ 1 2-5620 80.70 SCHOOk-LO~ 1 · · 5265 16 - · , 3.0000 94.50 moe.~ I Y . .0262 .84 VOid. DDT. 6 16.3484 514.97 20 I RO~i COMM, IMPROVE. G~GE OCT 2 B 2003 Jan 08 03 02:52p Yzacuirre Farms t04,231~- .... ~ - PA¥1NU.~-- 'I4JN~'DI~AWII'~'~&U.I. IAN O: r . I :3. 9119 407.74 cOUnTY J COLLIrdtCOUNTYTAXCOmmECTOR ~ 3490 453.30 SCHOm.-STAT~ 5620i 267. 04 ~CNOOL-LOCWU. 104,23' : 1-9722 .5265 ~,.i 3.0000 '-. .0268 · 16.3484 ~.NUMI~]i.=! 6~=5~400U0 1,704.0.0 co~t'=' ~EWMARKET SUBD BL~ 50 LTS 1-4 205.56 OiPSNOilIT 54.88 WA~ mmT. 312 · 69 mD[~. BK-C~q~ 61 1,704.00 20 NO~ V~OR~ ~ COMM. COMBIN~ COURTHOUSE COMPLEX - IUILDING C-1 NAPLES, FLORiOA 341124997 MILL CODE I 5 j "elbow CODE YZAGUIRE, ARMANDO PO BOX 330 IMMOKALEE FL 34143-0330 PAID - 03/01/08 1,669.92 REC#' 1169 =~? GUY ~,L..J-.CiARL.TOP~C-~'.TAX COLLECTOR ~00063865240000 0000170400 0000000000 00000 4 2002 COLLIER COUNTY NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS JJtLT__ILLJ. F, ,8 Ac; _A =~ VAL~ 4.3490I 515 ~ 2 · 56 ~ OI ~ 03.93. SCNOOL- LO~ I N~ES, F~ORIOA ~11Z-4~7 · 5265J 62.46 WATERNOT 3 0000 · ' ' I 3 5 5.8 9 INOI~. SPtCUqL · 0268J 3.18 VDTF-R API)R. DF. BT. ROADI I COMMo IMPJIOVL NLIMBB:I l~ 3 8 6 5 2 8 0 0 0 2 9,. c1:1 cI. I.l :~ COMBINED TOTAJ DL'~. :N.F-,.WJgARKET..,SUBD BLK 50 LOTS 5-8 . · M,~¢O~ ] ~ [ UCROWCODE YZAGUIRRE, ARMANDO PO BOX 330 I~OKALEE FL 34143-0330 :.';; ' cA L-TON -'-TAX"COIZLECTOR 000063865280002 00001.93~43 0000000000 00000 ~9 COUNTY NOTICE. OF AD VALOREM. TAXES AND N 4% I~_u~V, AJ 3% I~.~:~3..4L2% IN JAN : ~,~ ~ .ou~ ~~----~----2F~8~- ~ ¥~Oil~JI TA, XZl 3-9119 ~.~ cou~ 51 ' 4.3490! 2.5621 397.44 ~cHooL.~ · CITY 1.972, 305-94 .526~ 81.68 WA~R,T. ~1''''''I~ ]-DDO 465.~9 ~.~ 11 YZAi · 0268 4.16 VO~AP~.O~. 6IPO 16 3484 2,536.12 2011MM~ 2002 COLLIER )UNT EARNED VAJ.U~ 6386532000'1. 155,130 A~DA OCT 2 8 2003 15 Jan 08 03 02:$4p yzacuirre Farms ~UNT DUE ;~ VALUE ED 7~875 1_~3 60t 124.~9 MILL RAT[ A.MOUNT AUTIIQRIT~ Al) VALOREM TAXE~ 3.9119 30. ~;0 coum~ 4. 3490 34.25 2. 5620 20.18 1.9722 15.53 O~NO~ _4 .5265 4 · 15 B.0000 23.63 16.3484 1~8.75 20 WA~ CO~ED TOT~ 63865520005 128.75 EWMARKET SUBD BLK 50 LOT 29 126. 181 127. 461 PAY IN U.S. FUN08 ORAWI~ ON A U.S. ~m(_. TO: COLUER COIJTf TAX COLLECTOR COURTHOUSE COMPLEX - BUILDING C-1 HAPLE$, FLOR)DA 34112-4967 met COOE [ ~ ] F..,TC ROW COO( I YZAGUIRRE OIL COMPANY INC PO BOX 330 IMMOKALEE FL 34143-0330 128 · PAID - 03/01/08 126.18 RECe 1175.23. GUY L'.:,J:CA'RL~ON .,. TAX,~'COU-LECTOR 3000063865520005 0000012875 0000000000 00000 5 2002 COELIER COUNT EARNED OIINT OUE VALUE 23,625 ~LIrRATE AMOU~I' Au~ORITY' , it '1 ' PAYINU'$'FUNIDIDRAWNOIIAU'S''m*~TO: ~ A9 VALO~ TAXi~ ' _1 COLLIER COUN17 TAX COLLECTOR 3.9119 92.42 cou,w .5~ COURTHOUSE COMPLEX- BUlLDtN6 C-1 4. 3490 1.02. ?_5 _SC..H.O.O.L-~A.~ ,_bi NAM/$,FLORSA~411Z*'4997 , cr[Y ] I · 9722 46 - 60' OE~.OE.T 4 ~'--~ ~ [ [SC. OW CO"~ 5265 12 44 wATr~oT, 2 ' ' 3'0000 ' 70;88 mo~.~Cm i YZAGUIREE. ARMANDO .0268, .63 vo~,~x~'~.,F,*. 6 PO BOX 330 16.3484 386-25 20 IMMOKALEE FL 34143-0330 II II I ~c~#um~..1 63565520102 qA~-29 · -'NEWMARKET SUBD BLK 50 LOTS ~.~..3 ~L..T H RU 3~ ROADS WA~EWTR COMM. IMPROVE. GARaAGE COMBINED TOTAL PAID ~ 03/01/08 378.53 REC#,'.;,. 1176.23;J'- ~'~-.,., 0000063865520102 0000038625 0000000000 00000 6' 2002 COLLIER COUNTY NOTICE OF AD VALOREM TAXES AND. ~COO~-EARNED 4% IN 'NOV 13% IN DEC I~ 90UNT DUE 617.981' 624.42 VALUE MILL RATE ' ': 1 ':--' ~OU~ ~,OR~ ~[D 39,375 ~ v~o~d T~ 3.9119 154.03 coux~ 5 ' -' . -5265 20.73 WA~. 2 16.3484 643.73 20 I RO~$ WA~E~ ~RDAGE '~ ~'; L ....... 638 = 5560007 3.73 COMDINEO TOT~ GENDA ITEM/% OCT 2 8 2003 ~an 08 03 02:55p Yza~uirre Farms VALUE 23,625 MiLL r~TE AMouNT 3.9119 4.3490 2.5620 1.9722 .5265 3.0000 . .0268 16.3484 ~D~.~P~'~'NEWMARKET SUBD BLK 50 LOTS 38 THRU 40 AUT HORI"i~ AD VALOREM TAXE~ 102 · 75 60.53 sc.oo~- ~oc~ 46.60 12 · 44 warn MGT. 70 - 88 ~ND~. S~C~ - 6~ YOURS. 386.25 N~ V~Rm ~M~ Wa~m COMM. GARAGE 5 1 1 COMBINED TOTM ;'39-B57-51 ~B p. 1 PAY IN U.S. FUNDS DRAWN ON A U.S. BANK 10i' COLLIER COUH'W TAX COLLECTOR COURTHOUSE COMPLEX- BUILDING C-1 NAPLES, R.ORII}A 34112.4997 M,U. COO~ ! -~I ~ROWCO~E YZAGUIRRE, ARMANDO PO BOX 330 IMMOKALEE FL 34143-0330 PAID - 03/01/08 378.53 REC# 1178.23. GUY L. CARLTON - TAX COLLECTOR 0000063865600006 0000038625 0000000000 00000 6 OCT LOT ROBERTS "t 15 OCT 28200~ i ,00I '0 '-- ,01,1 °0 Parcel Page 1 of Collier County Tax Collector 3501 Tamiarni Trail East, Naples, FL 341 12-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION Name:IIvILLARREAL, VIRGINIA Address:IIMICHELLE AYALA Address:Ill314 TANGERINE ST Address:Il Address:Il Address:lltMMOKALEE, FL 34142-2114 ~163865400002 It Acre:Il0'32 ~E"~[275 E NEWMARKET RD [NEWMARKETSUBD BLK 50 LOTS [17THRU 20 ~[ VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Taxbte Value:Il90946 Millage Code:Il005 Homestd Ex:Il0 Agricltr Ex:II0 Wid°w Ex:Il0 Blind Ex:Il0 Disabled:Il0 Veteran Ex:Il0 Wholly Ex:Ilo sohoo~ st:l13ss.52 School Ioc:11233.00 City Tax:llo.oo Oependt:l1179'36 Water:H47.88 Independ:]1272,84 Voter Apm'l12.44 GrossT t:jI1,486.82 Appr fee:II0.00 I AdverUsing:l15.97 STATUS INFO. Non Ad va:liN Instalfment:]lN Deferred:]lN Bankrupt::]lN CERTIFICATE INFORMATION [-¢~'7-]ISplit IlCen. # llAmountDue IlOate Issued IIRcpt. Date If-~l~,taoh lists tITDA tlAmount Paid I'~1oo 11s404 111,631.96 Amount due thru:l[MAY 2003 Amount due thru:JJMAY 2003 Amount due thru:lIMAY 2003 1105/29/2002 I[00/00100 C°mment:l[ ]105/29/2001 l[00/00/00 C°mment:t[ ]105t29/1997 II00/00/00 ]F~lloo It lid liD.OD * Certificates must be paid with cash, cashiers check or money order. Back to Search Last Updated: 5/12/2003 5:00pm OCT 2 8 2003 ~,~. 20 http://x~xvw.colliertax,com/RecordDetail.asp?FolioID=63865400002 5/13/2003 Parcel Page I of Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION I PROPERTY INFORMATION l~'arGe':lle3865°°°°°4 II Acrql~'11 Name:IIFARM-OP-INC Address:lIPO BOX 3088 ^ddressJI Address:Il Address:IlIMMOKALEE, FL 34143-3088 I Legat:IINEWMARKET SUBD BLK 49 LOT 10 & I Legat:IITHAT PORTION OF VACATED R R Legal:liST LYING E OF LOT 10 I Legal:Il VALUE/EXEMPTIONS Taxble Value:Ill11480 Millage CodeJl005 Homestd Ex:Ilo Agricltr Ex:Il0 Widow Ex:II0 Blind Ex:]lo Disabled:lie Veteran Edl0 Wh°"Y Ex:Il0 Civilian Ex!II0 TAX INFORMATION County:Il436.10 School st:l1404.s3 School Ioc:11285.61 Dependt:l1219.86 Independ:l[334.44 Gross Tax:Il1,822.52 I Advertising:j[0.00 PAY TERMS J Nov Jjl,749.62 J J Dec:J[1,767.84 J Jan:ii1,786.07 J Feb'Ill,804.29 J Mar:JJ,,822.52 [ Apr:Il0.00 [ , May:Jlo.oo PAYMENT INFO Paid Dt :JJ11/26/02 Recpt:jJ58103 Mach:JJ09 Paymt:JJl,749.62 Mort:ii0 STATUS INFO. J Non Ad va:liN lnstallment:JJN Bankrupt::lJN Back to Search Last Updated: 5/12/2003 5 :OOpm 061' 2 8 2003 http ://wvcvv .colliertax .c om/RecordDetai 1. asp ? Folio 1D =63865000004 5/13/2002 Parcel Page 1 of Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION Name:I[WASHINGTON TR, CARL L ~163865040006 II Acre:II0'92 ~"~1212 E NEWMARKET RD Address:l[UTD 1-26-93 Address:[[PO BOX 186 Address:I[IMMOKALEE, FL 34143-0186 ~INEWMARKET SUBD BLK 49 LOT 11 VALUE/EXEMPTIONS TAX INFORMATION Taxble ValueH109821 I County:J[429.61 Millage Code:Il005 Homestd Ex:Il0 Agricltr Ex:II0 Wid°w Ex:It0 Blind Ex:HO Disabled:Il0 Veteran Ex:Ilo ] ~¢ho,y Ex:Ilo [ Civilian Ex:Ilo School St:l[477.61 School Ioc:11281.36 City Tax:Ilo.00 Dependt:[[216.58 Water:t[57.82 [ Voter Appr:l[2.94 J Gross Tax:ii1,795.38 Appr fee:J[0.00 Advertising:ii0.00 PAYTERMS PAYMENTINFO Nov:J[1,723.56 Dec:J[1,741.52 ~-'--~ J 1,759.47 J [~'~-~Jl,777.43 I ~--'~[1,795.38 [-'---~ [o.oo ~[o.oo Recpt:Jl~3?4 Maoh:l123 STATUS INFO. Non Ad Va:J[N Instatlment:J[N Deferred:J[N Back to Search Last Updated: 5/12/2003 5:00pm AGENOA ITEM A OCT 2 8 2003 p~. 22- http://wv,~v.colliertax.com,. RecordDetail.asp?FolioID=63865040006 5/13/200? Parcel Page 1 of Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION Name:I[RAMIREZ, CASSANDRA M Address:[[ESCOBEOO, ARMANDO Address:l[911 JACKSON ST Address:IIlMMOKALEE, FL 34142-3021 VALUE/EXEMPTIONS TAX INFORMATION County:J[328.33 School St:H365.02 School Ioc:11215.03 City Tax:II0.00 Dependt:l[165.52 Water:l[44.19 Independ:l[251.79 voter Appr:l[2.25 Gross Tax:II1,372.13 Appr fee:II0.00 Advertising:II5.97 [63866840001 ~"~1301 NEWMARKET RD Acre:II0.56 ~[NEWMARKET SUBD BLK 54 LOTS THRU 7 PAY TERMS I N°v:lt1,317'24 De0:111,330.97 Jan:Ill,344.69 Feb:Ill ,358.41 Mar:Ill ,372.13 Apr:II0'00 '~'~ay IIo.oo PAYMENT INFO Paid Ot :][05/07/03 Recpt:]12325 Mach:][23 Paymt:][1,419.26 Mort:Il0 STATUSINFO. Non Ad va:liN InstaIIment:]lN Deferred:liN Bankrupt::][N CERTIFICATE ]HFORMATION [Year [ISplit IlCe~. ~ IlAmount Due 12oo2 Iloo 11-~o9114,411.17 Amount due thru:HMAY 2003 Amount due thru:[[MAY 2003 IlDate Issued i[Rcpt. Date Ilos/29/20o2 lloo,oo,oo II c°mment:ll I10s/29/200~ lloo,'oo,'oo ~~1~1~3 111,~.,,3 ll05,30,~000 Iloo,oozoo IF----Iloo !1 Ii%---110.00 Amount due thru ]~IA.Y 2003 II C°mmentH J Certificates must be paid with cash, cashiers check or money order. I Back to Search I Last Updatcd: 5/12/2003 5:00pm Powered bY'~ http://www.col liertax.com ' Rec ordDetail.asp?Folio ID-63866840001 AGENDA ITEM_ OCT 2 8 2003 ~,~. 2,3 5/13/2001 Parcel Page I of Collier County Tax Collector $301 Tam/ami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION Name:IIFmTCHEY TR, SARAH a & ERNEST I I Par°e':l1638669=0002 II Acre:Il0'16 Address:J[THE MORNINGSTAR REV TR Address:JlUTD 11/24/97 Address:II103 E JASMINE RD Address:Il ~INEWMARKET SUBD BLK 54 LOTS AND 9 VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Homestd Ex:Il-~ Veteran E×:ll° II School St:J[230,00 School IocH135.49 City Tax:Ho.oo Oependt:H104.30 Water:Il27.84 Independ;][158.66 Voter Appr:]11.42 Gross Tax:][864.60 Appr fee:il0.00 Advertising:H5.97 ~o¥:118~o.o2 Dec:l1838.~ dan:l1847.3~ STATUS INFO. Non Ad Va~j[N Inst~ :ent:][N Deferred:JJN Bankrupt::JJN Back to Search Last Updated: 5/12/2003 5:00pm 0CT282003 j http ://wv, ay. c o lli eft ax. com/RecordDetai 1. asp?Folio I D=63866920002 5.'13/200_- Parcel Page I of Collier County Tax Collector 3501 Tarniami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:I[CAMARGO, CELSO T & SANTA V Address:][PO BOX 1510 Address:][IMMOKALEE, FL 34143-1510 VALUE/EXEMPTIONS Taxble Value:Il35097 Millage Code:Il005 Homestd Ex:Il0 Agricltr Blind Disa bled :l[~-------' Veteran E~:IF------- Civilian TAX INFORMATION CountY:lJ137.30 Schoo~ st:Ill 52.r~ School Ioc:1189.92 City Tax:H0,00 Dependt:]I69.22 VVater:][18.48 tndepend:][105.29 Gross Tax:II573.79 Appr fee:][O.O0 Advertising:II0.00 PROPERTY INFORMATION Acr :l[o. [ ~15203oo -- ~;iI~EWM*.KET suBD .~ ~. LOTS PAY TERMS Nov:II550.84 Dec:][556.58 Jan:lis62'31 Feb:Il568.05 Mar:Il573'79 Apr:II0'00 MaY:]I0'00 I PAYMENT INFO Paid Dt :]101/17/03 Recpt:]11240 Mach:][23 Paymt:]1562.31 Mod:II0 STATUS INFO. Non Ad Va:liN Installment:liN Deferred:liN CERTIFICATE INFORMATION ~lsput IlCert. ~ IlAmountD.e IIDate Issued liRcpt. D~te IlRec# IIMaoh lists IITDA IlAmount Paid Certificates must be paid with cash, cashiers check or money order. Back to Search Last Updated: 5/12/2003 5 :OOpm Po. we'red bye: AGF_NOA ITEMA ,,,,,. /7 OCT 2 8 2003 http://xvww.colliertax.com; RecordDetail.asp?FolioID=63866960004 5/13/200~ Parcel Page 1 of Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION Name:IIsANCHEZ, ANDRES IParcehl163867040004 Il Acre:Il0'32 Address:IITERESA CANALES I I Address:Il Address:ii8624 E PARK Address:Il I Loc:JJ520300 JNEWMARKETSUBD BLK 54 LOTS [14THRU 17 VALUE/EXEMPTIONS TAX INFORMATION I PAY TERMS PAYMENT INFO Icountyq[,23.22 I Pa~d D, :1103'26'03 Schoo, St:Il, 36.99 School ~oc:llso.?o City T ax:J[o.o0 Independ:JJ94.50 Voter Appr:]J0.84 Gross Tax:II514.97 Appr fee:]JO.O0 J AdverUsing:ljs-97 Nov:J[494.37 Dec:11499.52 Jan:ii504.67 Feb ][509.82 Mar:j[5,4.97 ,:,pr ]Jo.o0 Recpt:]J111402 Mach:]J09 Paymt:]J514.97 Mort:Il0 STATUS INFO. Non Ad va:J[N Installment:J[N Deferred:J[N Bankrupt::j[N Back to Search Last Updated: 5/12/'2003 5:00pm OCT 2 8 2003 ~._ http://wxvw.colliertax.com/RecordDetail.asp?FoliolD=63867040004 5/13/200: Parcel Page 1 of Collier County Tax Collector :3301 Tarniami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION Name:llC^M^.CO, OE.SOS T ~. S^.T^ v [Paroe,:l163S6708000S Il Address:HPO BOX 1510 Address:I[IMMOKALEE, FL 34143-1510 [ Loc:[[520300 Legal:[[NEWMARKET SUBD BLK 54 Legal:liS 75ET OF LOTS 18 THRU 21 I Lega':ll ;VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS CountY:Il131.75 School St:]1146.47 School Ioc:]186.28 .03 Homestd Ex:][~----~ Agricitr E x:]l'~'-~~ Ye~e~n ~qF-------] Advertising:J[0.00 ~o~:115~,.56 Deo:l153,t0~ "a,:l15s~.57 ~e~:11~45.07 Mad155o.5" Apr:il0.00 PAYMENTINFO Paid Dt :t[01/03/03 Recpt:l[1138 Mach:l[23 Paymt:[[539.57 Mort:Ilo STATUS INFO. Non Ad Va:UN [nstallment:l[N Deferred:l[N Bankrupt::l[N TDA:[[0 Back to Search Last Updated: 5/12/2003 5:00pm OCT 2 8 2003 .,. 2.'7 http ://wwxv.colliertax.com/RecordDetail.asp?Folio[D=6 386 7080006 5/13/2002 ~arcel Page 1 of Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:IIGONZALEZ, BEATRICE Address:]lPG BOX 61524 Address:Il Address:II Address:llFORT MYERS, FL 33906-1524 JJl PROPERTY INFORMATION I IJParce':jJ638671°°°°9 Il Acre:il0.15 J Ill Loc:lls2o3oo Ill Lega':IINEWMARKET SUeD BLK S4 LOTS 48 Ill Lega':IITHRU 2~, LESS S 75FT VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO County:II132.94 School st:J[~47.8o School 1oc:J[87.07 City Tax:J[o.o0 Dependt:l[67.02 Water:II17.89 Independ:l[101.95 Voter Appr:J[0.91 Gross Tax:J[555.58 Appr tee:Il0.00 Advertising:II5.97 J Taxbte Value:II33984 J Millage Code:II005 J Homestd Ex:Ilo J Agricltr Ex:ilo I Widow Ex:iF------] Blind Ex:JJ-~-q E)isab,ed:JJ~'-'~-~ Veteran E x :J ['~--'] Civilia, E×~IF-----'-1 STATUS INFO. Non Ad va:lIN Installment:liN Bankrupt: ]iN Back to Search Last Updated: 5/12/2003 5:00pm .,,,o. Ir~ OCT 2 8 2003 ttp://wv~-xv.colliertax.com'RecordDetail.asp?FoliolD=63867100009 5/13/2003 Parcel Page I ol Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION Na.~e:ll.ROW.,.G .ROS ~'^~,S ,.C I [Parcel].163863880006 Il ^cre:ll"S3 Add, ess:l[PO BOX 276 Address:H Address:IIIMMOKALEE, FL 34143-0276 VALUE/EXEMPTIONS J Taxble Value:Il215562 Millage Code:H005 Homestd Ex:Ilo Agricltr Ex:il0 TAX INFORMATION co,.,r, ty:l1843.26 School St:11937.48 School City T a×:Jl0.00 Dependt:]1425.13 Wa'edt*,3.49 I Independ:l1646 69 ~[NEWMARKET SUBD BLK 44 LOTS ~[9 THRU 15 AND 21 THRU 32 ~1 I PAY TERMS [-----'~J3,383.14 [~--~13,418.38 II Feb:H3,488'86 Apr:il0.00 PAYMENT INFO Paid Dt :J111/27/02 Recpt:]178878 Mach:]109 Paymt:l[3,383.14 Moll:IlO STATUSINFO. Veteran Ex:IlO I Wholly Ex:Il0 I Civilian Ex:Il0 I I V°ter Appr:II5'78 o.oss Tax:l13.524.,o ^,*r fedl0.00 Instatlment:HN Deferred:liN Bankrupt::HN Back to Search Last Updated: 5,, 12/2003 5:00pm .&GENOA ITEM ,.,. ~ /'7 OCT 2 8 2003 ~,~. 27 http.'//vvvo, v . colliertax com'RecordDetail . as p.OFoliolD=6'~8(:,3880006 ~ 5/13,/200: Parcel Page 1 of Collier County Tax Collector 3501 Tarniami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:I[MOODY TR, J'm H Address:][UTD 4/23/92 Address:l[555B N 15TH ST Address:I[IMMOKALEE, FL 34142-2854 VALUE/EXEMPTION5 Taxble Value:] 787['~'~ Millage Code:lrE~'~] Agricltr E x :] ['~'~---] Blind E×:ll0 I Disabled:Ilo J Veteran Ex:IJ'~--~--J Civilian Ex:J~ TAX INFORMATION County:][30.80 School St:]J34.25 School Ioc:J[20.18 Independ:J[23.63 Voter Appr:JJ0.21 I Oross Ta×:11128.75 Appr fee:J[0.00 Advertising:l[O.O0 PROPERTY INFORMATION J Parcel:Il6386392°°°5 Il Acre:Ilo'08 IlLoc:lbo9 E NEWMARKET RD iJ LegahJINEWMARKET SUBD 13LK 44 LOT 16 I bega':ll PAY TERMS J Nov:Ii123.60 Oec:]J124.89 Jan:]1126.18 Feb:Ii127.46 Mar:]1128.75 Apr:]Jo.00 MaY:II0.00 PAYMENTINFO Paid Dt :]111118/02 Recpt:JJ525 Mach:JJ23 Paymt:]J123.60 Mort:ii0 STATUSINFO. Non Ad va:liN installment:liN Deferred:liN Back to Search Last Updated: 5,'12/2003 5:00pm AGENDA ITE.~ OCT 2 8 2003 ,~.._30 ) _ -1 ~ttp:/,"v,~vw.colliertax.con~,RecordDetail.asp'. FoliolD=6'~863920005 >,, lo/=00': Parcel Page 1 of Collier County Tax Collector :3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION ¥]63863960007 Il Acre:HO'16 I Name:I]MOODY TR, JIM H Address:llUTD 4123/92 Address:]]555B N 15TH ST ^ddress:ll Address:J[IMMOKALEE, FL 34142-2854 NEWMARKET RD ~]NEWMARKET SUBD BLK 44 LOTS [ Legal:II17 AND 18 ~L VALU E/EXEM PTION S Taxble Vatue:l[~-~I TAX INFORMATION Cou,,ty:l[28o.12 School sfl1311.43 School IGc:Ill 83.46 City Tax:Ilo. Go Dependt:l[141.23 Independ:][214.83 Voter Appr:l[1.92 Gross Tax:II1,170.70 Appr fee:J[o.o0 Advertising:II0.00 May: PAYMENTINFO I Paid Dt :][11118102 Recpt:11524 Mach:[[23 Paymt:][1,123.87 Mort:Ilo STATUSINFO. Non Ad va:liN h~sta:hr~ent]lN Bankrupt::]lN Back to Search ] Last Updated: 5/12/2003 5:00pm AGENOA ITEM OCT 2 8 2003 http://wwvv, c o llicrtax, c om/R ec ordDet ai 1. asp? Folio [ D=63863960007 5,/13/200! Parcel Page 1 of Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION Name:]IMOODY TR, JIM H Address:l[UTD 4/23/92 Address:[[555B N 15TH ST ^dd,ess:ll Address:[[IMMOKALEE, FL 34142-2854 VALUE/EXEMPTIONS TAX INFORMATION Taxble Valu e:j ['~'~'~ Mi,age Code:Il005 I B,in~ Ex:IF----~ Veteran Ex'IF Wholly E Civilian Ex :] ~'"'-~ County :I[61.62 Schoo~ st:}[68.5o School Ioc:[[40.35 Independ:I[47.25 Gross Tax:}[257.49 Appr fee:Il0'00 I Advertising:l[0.00 ~1638640°°°°5 II ~--~1109 E NEWMARKET RD ~[NEWMARKET SUBD BLK 44 LOTS j ~[[19AND20 PAY TERMS 1 PAYMENT INFO Nov:II247.19 Dec:H249.77 Jan:II252.34 Feb:Il254.92 Mar:II257.49 Apr:][O.O0 ~.'ay:l[o.oo Paid Dt :Ill 1118/02 Recpt:]1526 Mach:J123 Paymt:][247.19 Mort]lo STATUS INFO. Non Ad Va:lIN Installment:liN Deferred:liN Bankrupt::lrN Back to Search Last Updated: 5/12/2003 5:00pm http://www.colliertax.com~'RecordDetail.asp?FoliolD=635640000(t5 5/l 3/2003 Parcel Page 1 of Collier County Tax Collector ,3301 Tamiarni Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:I[HEALD TR HOWELL L Address:IIPATRICIA J HEALD TR Address:JJuTD 1-31-91 Address:Il347 MEL JEN DR Address:Il Address:]INAPLES, FL 34105-6318 i VALUE/EXEMPTIONS Taxble Value:Il227445 J Millage Code:Ilo05 I Homestd Ex:Il0 l Agricltr Ex:Ilo : Widow Ex:ilo 1 B,i,d E×:IIo I TAX INFORMATION county:lies9.74 School st:J J989.16 School Ioc:J[582.71 City T ax:l[o.oo Independ:JJ682.34 Voter Appr:J[6.10 Gross Tax:II3,718.38 Appr fee:J[o.o0 Advertising:l[O.O0 II PROPERTY INFORMATION I~arce':ll6~86~64°°08 II Acre:lll-7~ I I ~-oc:ll?lo B.OWAR~ AvE ILegat:JJNEWMARKET SUBD BLK 51 LTS 1-10 J Legal:Il& 31-40 & 20FT ALLEY BISECTING I Legat:llBLK 51 VACATED IN RES # 88-86 Legal: PAYTERMS PAYMENTINFO Nov:II3,569.64 Dec:Il3,606-83 Jan:II3,644.01 Feb:Ii3,681.20 Mar:JJ3,718.38 Apr:Ito'°° MaY:Ilo'o° Paid Dt :J[11/27/02 Recpt:j[70537 Mach:J[09 Paymt:t[3,569.64 Mort:Ilo STATUS INFO. Non Ad va:liN Installment:liN Back to Search J Last Updated: 5/12/2003 5:00pm AGEI~A ITEM OCT 2 8 2003 p~. .~3 ~ttp://vc, vw.colliertax.com.'RecordDetail.asp?FolioID=63865640008 5/13/2003 Parcel Page I of Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION ] PROPERTY INFORMATION ~1283 E JEFFERSO. AVE Name:IIDAVIS OIL COMPAMY INC Address:II540 NEW MARKET RD E Address:il Address:Il Address:IIIMMOKALEE, FL 34142-3804 I LegaI:}[NEWMARKET SUBD BLK 51 LOTS i Legal:Ill1 THUR 30 & THAT 20 FT ALLEY I LegaI:IIBISECTING BLK 51 VACATED IN I Lega!!IIRES # ss-s6 VALUE/EXEMPTIONSi Taxble Value:II341955 Millage Code:l[005 Homestd Agricltr Ex:Il0 Wid°w Ex:Il0 Blind Ex:ilo Disabled:il0 Veteran Ex:Il0 Who,y Ex:Ilo civilian TAXINFORMATION County:ii1,337.70 School st:J J1,487.16 School Ioc:JJ876.09 City Tax:ii0.00 Dependt:JJ674.41 Independ:JJ1,025.87 Voter Appr:lL9 '; Gross Tax:J[ . o0.43 Appr fee:Ii0'00 J Advertising:ii0.00 PAY TERMS Nov:irs,366.81 Oec:JJ5,422.72 Jan:ii5,478.62 Feb:lis,534.53 J Apr:II0.o0 J j ~laY:lj0.00 I PAYMENTINFO Paid Dt :JJ02/19/03 Recpt:]J104264 Mach:]J09 Paymt:]15'534'53 Mort:il0 STATUSINFO. Non Ad va:liN Installment:JJN Deferred:JJN Back to Search . Last Updated: 5/12/2003 5:00pm AGENDA ITEJ~4. OCT 2 8 2003 mp:/."www.colliertax.com,, Record Detail .asp?FoliolD=6386564120 l 5/13/2002 m._ /7 OCT 2. 8 2003 DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT COLLIER CORPORATION, be. lng o CORPORATION duly outh. ori~ed to do b.u$i.ness in the STATE of FLORIDA by its corporate officers thereunto duly authorizes owners of the hereon described land hove caused thlsplatof NEWMARKET SUBDIVISION IMMOKALEE. COLLIER ¢OUH'rY~ FLORIDA to be made and does hereby dedicate to the perpeYual use of the oublic, o[~ streets, avenue~ and alley~ hereon shown'provided that such streets oven~Je$~and o$1ey5 ; ' :; :overt unto the said COLLIER CORPORATION its successors or assigns in the event such streets, avenues or alleys or any portion of them ore vacated, abandoned or olherwi3e cease to be of public u~e or ore discontinued by low. IN WITNESS WHEREOF, MILES COLLIER and NORMAN A. HERREN~ Vice president end Assistant Secretory, respectively of COLL!ER CORPORATION, byond with the authority of the Board of Directors of said COLLIER CORPORATION, hove executed the~a presents forond on behalf of a31d Corporation and hovec(:uscd its seal to be affixed hereonto this_5_thdoy of June A.D, 1951 COLLIER CORPORATION V/ce PresiEen! AGENDA ~TEN, OCT 2 8 2003 AVE. ~,~._~ ~' ,. ~,.,,. . ..... ~ ,~ Z ~ ~J.,I,,~-/.~ AVE. ' T OC, 2 8 2003 AIM Engineering & Surveying, Inc. Corporate Office: 5300 Lee Boulevc~td (33971-1026) Post Office Box 1235 Lehigh Acres, Florida 33970-1235 239-332-4569 239-675-3696 800-226-4569 Fa×; 239-332-8734 November 5, 2002 Collier County Transportation Department 2705 South Horseshoe Drive Naples, Florida 34104 Re: Vacation of Platted Alley To Whom It May Concern: l'ransmitted herewitr~, please find a copy of the Boundary S-m vey £or Block 50 of thc Nexvmarket Subdivision m Immokalee, Florida. Mr. Armando Yzaguirre owns the entire block except for Lots 17 thru 20 and wishes to the 20 foot wide unimproved alley that separates the block. vacate Lots 1 thru 11 and 30 thru 40 are now being used as a fruit packing warehouse and Lots 12 thru 16 and 21 thru 29 are proposed to be used as a convenience store with fuel pumps. We are therefore requesting a Letter of No Objection to the Vacation from you. If you are in agreement with this letter, please indicate so by signing in the space provided here-on and returning a copy to my attention. Sincerely L. J. Lewis prOJect Manager O \WPDOCSXJOELEW1S\YZAGUIRRE FARMS\Vacation of platled Alley New Markel Road Sutxlivision doc Fax Number- (239) 332-8734 I have no objection to the proposed vacation. Sign Print Name and Title Lehigh Acres(CorporateOffice) * Barrow * Tampa * Plantation * Brooksx411e OCT 2 8 2003 AIM Engineering & Surveying, Inc. Corporate Office; 5300 Lee Bodevord (33971-1026) Post Office Box ! 235 Lehigh Acres. Florida 33970-1235 239-332-4,569 239-675-3696 800-226-4569 Fax: 239-332-8734 November 5, 2002 Collier County Engineering Review Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Vacation of Platted Alley To Whom It May Concern: Transmitted herewith, please find a copy of the Boundary Survey for Block 50 of the Newmarket Subdivision in Immokalee, Florida. Mr. Armando Yzaguirre o~vns the entire block except for Lots 17 thru 20 and wishes to vacate the 20 foot wide unimproved alley that separates the block. Lots 1 thru 11 and 30 thru 40 are now being used as a fruit packing warehouse and Lots 12 thru 16 and 21 thru 29 are proposed to be used as a convenience store with fuel pumps. We are therefore requesting a Letter of No Objection to the Vacation from you. If you are in agreement with this letter, please indicate so by signing in the space provided here-on and returning a copy to my attention. Sincerely AIM E ngi. eeri~g & Surveying, Inc. L. J. Lewis Project Manager O:\WPDOCSXJOELEWIS\YZAGUIRRE FARMS\Varalion of Planed Alley Ne'~ Markel Road SubdivL~ion doc Fax Number- (239) 332-8734 I have no objection to the proposed vacation. Sign h ,v 0 8 2002 RECEIVED Print Name and Title Lehigh Acres (Corporate Office) * Barrow · Tampa * Plantation · Brooksville AGENO~ ITEI~ OCT 2 8 2003 '¥0 81/83/2883 11:24 9416583634 IMMOKALEE WATER w~. mi AIM Engineering & Surveying, Inc. Ccal~r~e ,5,300 Lc-~ ~ (3.3971 Post Offlc;e Box Leht~. h Ac::re~, Flotk3k'~ 33976-1235 239-675-3606 t~0-226 ~ Fox: 230-3,32417.34 November 5, 2002 Ms. Eva Deyo InUnokalee Water and Sewer Distric~ 1020 Sanitary Road Irnmokalee, Florida 34142 Re: Vacation of Platted Alley To Whom It May Concern: Transmitted herewith, please find a copy of the Boundary Survey for Block 50 of the Newmarket Subdivision in lmmokalee, Florida. Mr. Armando Yzaguirre owns the enfixe block except for Lots 17 thru 20 and wishes to vacate the 20 foot wide unimproved alley that separates the block. Lol$ I thru 11 and 30 thru 40 are now being used as a fruit packing warehouse and Lots 12 thru 16 and 21 thru 29 are proposed to be used as a convenience store with fuel pumps. We are therefore requesting a Letter of No Objection to the Vacation from you. Ir'you are in agreement with this letter, please indicate so by signing in the space provided here-on and returning a copy to my attention. Sincerely L. A Lewis Project Manager · C~\W?EX~C~cMOELLT~i~,yZAG~)T1~,~ F AI~,4S~VaCd~Ie~ of Plal.~ Alley ~ M~ ~ ~1~.~ ~ ~bc~ - (239) 332-8734 I have no objection to the proposed vacation. r " ECEIVED! JAN 0 3 2003 OCT 2 B 2003 Lehit!h Acrc'* (C_~.~p(~atc Office) · B~rto-.,' · Tampa Print Name and Title · Plantation , Br~x, ksville PEOPLE. POWER. POSSIBILITIES. Post O~f~e Box 3455 No~ Folt Myers, FL 33918-3455 (239) 995-2121 *FAX (239) 995-7904 April 14, 2003 Aim Engineering & Surveying, Inc. Attn: L. J. Lewis P. O. Box 1235 Lehigh Acres, FL 33970 Re: New Market Subdivision, Block 50 Dear Mr. Lewis: LCEC does not object to vacation of the alley in the referenced block since the owner has agreed to grant easements as shown on the attached to replace the public right-of-way. Please call me at 656-2422 if you require any additional information. Sincerely, Karen Hardin Real Property Representative Attachment OCT 2 8 2OO3 6-3C-0~; 2;5.4PM;ENG. AN[;:) FACIL, ;2,392610289 2_) A 12 FOOT ¥¢10E ~fRIP OF LAND, 5 FOOT SOUTH~STEP, LY AND 7 FC~T AGENDA 4%) THE $OUTH~LY lO ~ ¢ LOT 2.1, ADJACENT TO ALCHU^ RII:ZHT--OF--WA¥. 0CT 2 8 20113 I I __~..-= ~ AIM Engineering &-Surveying, Inc. ~ ' ~ LEHIGH ACRES, PLCRIDA 35970 =01--8050 TZAGUIRRE FARMS ..... Fox: (2.59) ~32-87~ WETJR EASEMENT PROPOSAL 8~50--PROJECT ~4.:TIME-WARNER CABLE-NAPLES FAX NO. ~2~ 55~ 15~1 Nov. 12 2002 10:0~AM P2 AIM Engineering & Surveying, Inc. 239<,'~2-4569 239-67~-3696 Fox: 239-332-8Z34 November 5, 2002 Time-Warner Cable 105 New Market Road lmmokalee, Florida 34142 Re: Vacation of Platted Alley To ;Whom Ir'May Co~cexn: Transmitted herewith, pica.se find a copy of the Boundary Survey for Block 50 of the Newmarket Subdivision in Immokalee, Flohda. Mr. Armando Yzaguirre owns the entire block except for Lots 17 thru 20 and wishes to vacate the 20 foot wide unimproved alley/.that separates the block. Lots I thru 11 and 30 thru 40 are now being used as a fruit packing warehouse and Lots 12 thru 16. and 21 thru 29 are proposed to be used as a convenience store with fuel pumps. We are therefore requesting a Letter of No Objection to the Vacation from you. If you are in agreement with this letter, please indicate so by signing in the space provided here-on and returning a copy to my attention. Sincerely Drveying, Inc. L. J. Lewis Project Manager O:\WPDOCSUOELEWIS\YZAGUIRRE FARMS\Vacation of Platted Alley New Market Road Subdivision.doc Fax Number- (239) 332-8734 No._ /7 I have no objection to the proposed vacation. OCT 2 8 2003 u-b'd-o3; Z:5~PM;ENG. AND FACIL. ;23926~0289 = $/ Ju~¢ 30, 2003 Pag~ 2 STATI~M_ENT O1~' NO. O1~, .Fl}, CTION Sprint has no objection to thc vacation of the twenty (20) foot alley recordm/as shown on Block 50 Newmarket Subdivision, Immokale¢, Florida, Plat Book 1, Page 104 and 105 adjacent to .Lots 1 thru 16 and Lot 21 thlm 40, Block 50 of thc Newmarkot Subdivision, as recorded in Pht Book 1 Page 104 and 105 of thc Public Records of Collier County, Florich~ subject to the following condition:. A full 12 foot wide utility eascmcnt shall be provided in thc vacated right-of-way see attached Exhibit "A" (copy of Recorded Easement ~ be provick:d to Sprixxt). Spriut--Florida, Incorporated Deb Corbln Ncrwork Engineer 1 - E&C OCT 2 8 2003 6-50-03; 2:54'~M;ENG, AND FACIL, ;2592610289 .¢ N.T.$. 1.) 1'~- sc~.rat~L'r ~S FEh-r oF 111r ~LO~: 50 NEW MARKET 2_) A 12 FOOT lCaDE STRIP OF I_AND, IA'rING :5 FOOT SOUTHWl~-3E]~LY AND 7 FOoT NORTH~L¥ oF TH[ soLr[HWE~¥ LINE C~ LOrT~ 1 ~t[~ 16 INGLU~V~_ 5.) THE SOU3HEASTE~LY 10 FEET 0F LOT 21, ADJACENT TO ALCHUA THE 50UTHgESTERL¥ 10 ~ ~ IJ3~ 21 THRU 443, AbJACENT TO ~;P'F'E~SON AVENUE.. -,,,% AGENOA ITF_I~ OCT 2 8 2003 --f~ Engineering ng, Inc. -~JO0 Le~ 13Nd. /P.O. Box 12.35 uoa ~u~a~: ~ ~l~ A~ ~ORIDA 55970 ~--~060 J ~GUIRRE FARMS J w~m t .. , ~T P~a~osAu[ __ Sg~O--~RO~C~ M.~ Page 1 of 1 CCPA GIS - HTML Ma Stre,~ [] s.ubd IOCT 2 8 2003 {