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Agenda 11/18/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November t 8, 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 SUBMITI'ED 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 November t8, 2003 12. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Roy Fisher, First Baptist Church of Naples AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parts Disclosure provided by Commission members for summary agenda.) B. October 7, 2003 Value Adjustment Board Special Masters Meeting C. October 8, 2003 Value Adjustment Board Special Masters Meeting (rear half of room) D. October 8, 2003 Value Adjustment Board Special Masters Meeting (front half of room) E. October 8, 2003 Board of County Commissioners/Land Development Code Meeting F. October 13, 2003 Value Adjustment Board Meeting G. October 14, 2003 Board of County Commissioners Regular Meeting H. October 21, 2003 Board of County Commissioners/Collier County Public School Board Meeting I. November 3, 2003 PUD Monitoring Workshop SERVICE AWARDS PROCLAMATIONS A. Proclamation to recognize Abe Skinner, Property Appraiser, for his 35 years of service and dedication to the residents of Collier County. Proclamation to designate the month of November as National Hospice Month. To be accepted by Diane Cox, President and CEO of Hospice for Naples. C. Proclamation to designate December 1, 2003 as World AIDS Day. To be accepted by Cie Tenerowicz, Anthony Racey and Karen Simander. Proclamation to designate the week of November 21-27, 2003 as Farm City Week. To be accepted by David Santee. 2 November 18, 2003 Proclamation to recognize Collier County Transportation Road Maintenance employees, Nancy Summers, Javier Hoyos and Raymond Arca who exceed expectations with their good deeds and examples. PRESENTATIONS A. Presentation of the Phoenix Awards by John Dunnuck, Public Services Administrator. Recommendation to recognize Joyce Ernst, Planner, Community Development and Environmental Services Division as Employee of the Month for November 2003. 6. PUBLIC PETITIONS A. Public Petition request by Mr. Gerald Burns to discuss Kensington PUD. Public Petition request by Mr. Bob Stone to establish a resolution to appoint members to a Charter Commission for the purpose of the study and writing of a Charter document for Collier County in accordance with Florida Statutes 125.60-64. Public Petition request by Mr. F. Joseph McMackin Ill, regarding City of Naples Airport Authority, Petitioner, v. Federal Aviation Administration, Respondent, Case No. 03-1308, United States Court of Appeals for the District of Columbia Circuit. 7. BOARD OF ZONING APPEALS Am Item continued to the December 2~ 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-VA-2003-AR-4525, James B. Malless AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers Inc., requesting a variance to reduce the required tower to residential separation dictated by Section 2.6.35.6.2. from a distance of 1,750 feet to 1,060 feet. A variance is also requested from Section 2.2.2.4.3. to reduce the side yard setback for the northwest guy anchor from 30 feet to 24 feet. A third variance is requested for the tower to exceed the 250 foot tower height limitation by 450 feet to allow a communications tower at 700 feet in height, as established in the agricultural zoning district within Section 2.6.35.6.2.3. (Companion to CU-2003-AR-4524) 3 November 18, 2003 Item continued to the December 2, 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-4524 a Resolution providing for the establishment of Conditional Use "13" in the "A" Rural Agricultural Zoning District for a communications tower pursuant to Section 2.2.2.3.13 of the Collier County Land Development Code for property located in Section 3, Township 51 south, Range 26 east, Collier County, Florida. (Companion to VA-2003-AR-4525) 8. ADVERTISED PUBLIC HEARINGS Request the Board approve an ordinance amending Chapter t10, Article II of the Collier County Code of Laws and Ordinances, which Amendment (1) except for Naples Park, prohibits the enclosure of swales within the public rights-of-way but provides guidelines to permit the enclosure of swales on a case-by-case basis, and (2) authorizes ongoing inspections of, and requires necessary improvements and repairs to, existing culverts and swale enclosures within the public rights-of-way. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Item continued from the October 28~ 2003 BCC Meetin;. PUDZ-2003-AR-3607, Jeff Davidson, PE, of Davidson' Engineering 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 unite. The property to be considered for this rezone is located on the east side of Collier Boulevard (CR 951) south of the Crystal Lake PUD, in Section 26, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 119+ acres. Item continued from the October 28~ 2003 BCC Meetin;l. 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. Item continued from the October 28~ 2003 BCC Meeting. Approve an ordinance to be known as the Job Creation Investment Ordinance; approve an associated budget amendment for $400,000; establish the job creation investment program available to eligible businesses to mitigate the economic effects of increased development fees and relocation or expansion costs. 4 November 18, 2003 Item continued from the October 28, 2003 BCC Meeting. Approve an ordinance to be known as the Fee Payment Assistance Ordinance; establish a Fee Payment Assistance Program allocating $950,000 to eligible businesses to mitigate the economic effects of increased impact fee rates. Item continued from the October 28~ 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. Item continued from the October 28, 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-t3, as amended, by establishing a deferral program for the Immokalee Area to reduce the economic effects of increased impact fee rates. BOARD OF COUNTY COMMISSIONERS A. Item continued from the October 28~ 2003 BCC Meeting. Impact fee credits for existing building or structures. (Commissioner Henning) B. Appointment of members to the Black Affairs Advisory Board. C. Appointment of members to the Vanderbilt Beach Beautification MSTU Advisory Committee. Recommendation of adopting a resolution to dissolve the Health and Human Services Advisory Committee due to meeting goals and objectives set forth by the Board of County Commissioners and to provide a final report of activities of the committee. (Commissioner Coletta) 10. COUNTY MANAGER'S REPORT Approve the settlement in the lawsuit entitled Collier County v. WCI Communities, Inc., to allow construction of the Vanderbilt Beach parking garage. (John Dunnuck, Public Services Administrator.) Approve a purchase agreement for $635,000 and accept a warranty deed for land located within the area known as the Gateway Triangle for the purpose 5 November 18, 2003 of storrnwater retention, contingent upon an environmental audit suggesting only minimal concerns (or none at all) and give staff direction and approval with regard to future purchases for this project. (Norman Feder, Transportation Services Administrator.) To obtain Board approval to award RFP #03-3505 "Transportation Roadway Asset Inventory Database" and authorize staff to commence negotiations. Estimated fiscal impact to be $250,000. (Norman Feder, Transportation Services Administrator.) D. Presentation of Collier County's 2003-2004 Legislative Priorities Program. (Beth Walsh, Assistant to the County Manager) Adopt a resolution authorizing condemnation of temporary easement interests required for the construction of a six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (CR 951) (Capital Improvement Element Nos. 24 and 63, Project No. 63051). Estimated fiscal impact: $665,900. (Norman Feder, Transportation Services Administrator) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT Approval of settlement agreement and mutual release between Collier County, Texas Industries, N.V., and Collier Cultural and Educational Center in reference to Case No. 01-4571-CA-HDH that is now pending in the Twentieth Judicial Circuit Court for Naples, Collier County, Florida. Approval of Resolution No. 2003- which authorizes the expenditure by the Hispanic Affairs Advisory Board of funds in an amount less than $60.00 for a recognition plaque to be awarded to the "Hispanic Affairs Advisory Board Citizen of the Year". 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 6 November 18, 2003 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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Item continued from the October 28t 2003 BCC Meeting. 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. 2) Authorization for the Environmental Services Staff to approve off site relocation of gopher tortoises for Horse Creek Estates (formally known as Little Palm Island) prior to final plat approval. 3) Execute the Participating Party Agreement (PPA) with the Florida Agricultural Products, Inc., to occupy the Immokalee Airport Manufacturing Facility II and comply with the State of Florida Small Cities Community Development Block Grant (CDBG) Agreement and approve budget amendments in the amount of $21,000 to allocate funding for leasehold improvements to accommodate the tenant needs. 4) Board of County Commissioners adopt resolution as recommended by the Collier County Water and Wastewater Authority to support continued inclusion of Local-Sources-First policy contained in Chapter 373, Florida Statutes, and oppose any amendment to Florida's Water Resource Policy which will allow, encourage or promote water transfers from one geographic area into other geographic areas. 5) Request to approve for recording the final plate of "McCarty Subdivision" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 6) Lien Resolutions-Code Enforcement Case Numbers: 2003051172/Barbara L. Galloway; 2003050814/Norman Snellings; 20030804561Dominguez, et al, John R.; 20021209671Lewis Tr., Evelyn G; 20030809001Hu11, Richard and Rosana; 20030809001Hu11, Richard and Rosana; 20030709981Silver Trs., Stuart; 20030507601Dominguez, et al, John R.; 20021202831Gray, Est., Charlie Mae; 20030100331Ramirez, Licimaco; 20030508231Buitrago, Alvaro; 20030703881Patton, Lorraine and Ellison, Nicole; 20030603091Caspain Builders, LLC; 2003080928/Wilkinson-Meffert Construction Co., 2003070373/Wilkinson- Meffert Construction Co; 2003070376/Wilkinson-Meffert Construction Co; 2003070375/Wilkinson-Meffert Construction Co; 2003070378/Wilkinson-Meffert Construction Co; 20030408091Montclair Fairway Estates Bldg, Corp; 20030601851Fenton, Bonnie; 20030603041Avila, Filomeno and Maria; 2003070439/Wisniewski, 7 November 18, 2003 Leonard; 20030705281Schumacher, Hermann; and 20030508271LaRue, Claude. 7) 8) 9) Approval of the mortgage and promissory note granting a two hundred thousand ($200,000) dollar loan to Creative Choice Homes XIV, Ltd., through the Affordable Housing Rental Development Assistance Program. That the Board of County Commissioners authorize the Engineering Services Department to petition the South Florida Water Management District to delegate a portion of the Environmental Resources Permitting Program. Petition CARNY-2003-AR-5015, Pastor Ettore Rubin, c.s., Our Lady of Guadalupe Church, requesting permit to conduct a carnival from November 26 through November 30, 2003, on the church property located at 207 South 9= Street in Immokalee. lo) Request by the Lake Trafford Task Force for reimbursement of a permit for amplified music for a free concert given by the United States Navy Band Country Currents to be held November 16, 2003. 11) Board of County Commissioners to provide direction to staff to amend the redevelopment plan applicable to the Immokalee Community Redevelopment Area (CRA) to authorize the use of the specified tax increment financing funds for the Immokalee Residential Impact Fee Deferral Program, Fee Payment Assistance Program, or Property Tax Stimulus Program, as a partial funding source for the programs as recommended by the Immokalee Community Redevelopment Advisory Board and the Community Redevelopment Agency. B. TRANSPORTATION SERVICES 1) Item continued from the October 28, 2003 BCC Meeting. Request the Board approve a resolution implementing certain procedures and guidelines to standardize Traffic Impact Studies (TIS). 2) Request the Board approve a resolution to amend the Construction Standards Handbook for work within the public rights-of-way, by (1) permitting only one driveway access for lots having frontage of less than t00 feet, subject to case-by-case review of requests for deviation from this policy, and (2) eliminating the requirement for securing a permit to perform turf maintenance in public rights-of-way. 3) Approve a resolution to allow the Chairman of the Board of County Commissioners to enter into a joint project agreement (JPA) with the Florida Department of Transportation (FDOT) to provide for the construction of Phase Two of the countywide Advanced Traffic Management System by- Collier County. 4) This item has been deleted. 8 November 18, 2003 5) 6) Authorization to increase Collier Area Transit monthly bus pass fare and establish an express daily fare and monthly premium bus pass. Approve Change Order No. I in the amount of $3,830,285.95 to Apac- Florida, Inc., to incorporate two additional travel lanes to the Immokalee Road and Utility Improvement Project, from CR 951 to 43~d Avenue NE, Project No. 60018. (Bid No. 02-3419) 7) 8) This item has been deleted. Board approval to utilize Transit Enhancement Funds (313) to purchase four new transit buses under State Contract Number FVPP-02-MD, trolley decal wraps and necessary equipment (in the estimated amount of $547,248). 9) Board approval of Adopt-A-Road Program Agreements at the Board of County Commissioners meeting on November 18, 2003. C. PUBLIC UTILITIES l) Approve a work order amendment, under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers for Work Order HM-FT-O2- 07, Hideaway Beach Renourishment Design, Project 90502, for an additional $1,262.50. 2) Authorize a work order to Professional Service Industries (PSI) under Contract No. 03-3427 ("Environmental Engineering, Remediation and Restoration Services for Collier County") for design services for the improvements to the Naples Landfill Household Hazardous Waste Center, truck scales, scalehouse and County landfill operations center in the amount not to exceed $125,000. 3) Award Bid #03-3566 to Atlantic Truck Center and approve budget amendment for the purchase of one replacement roll-off truck in the amount of $98,285.00. 4) Waive formal competition for the purchase of 200 remote transmitting units and standardize the acquisition of radio telemetry for wastewater pumping stations on data flow systems, in the amount of $1,333,307 for Project 73922. 5) Award a contract to Douglas N. Higgins, inc. for construction of the Reuse Water System Service Connections, Phase 2, Bid 03-3560, Project No. 74020, in the amount of $577,000. 6) Approve the purchase of a 6.66-acre site on 9~ Street SW, Naples, Florida, located adjacent and contiguous .to the Raw Water Booster Pumping Station at a cost not to exceed $198,985 (Project 71008). 9 November 18, 2003 7) 8) 9) Accept and authorize the Chairman to execute a grant agreement from the South Florida Water Management District in the amount of $100,000 for the Manatee Road Four New Potable Water Aquifer Storage and Recovery (ASR) Wells System, Project 70157. Amend Work Order CDM-FT-02-5 with Camp Dresser McKee for professional engineering services for the Manatee Road Four New Potable Water Aquifer Storage and Recovery Wells Project, Contract 00- 3119, in the amount of $383,310, Project No. 70157. Pursuit of legislative support for wastewater and storm water grants under the Florida Water Quality Improvement and Water Restoration Grant Program. D. PUBLIC SERVICES 1) Authorize the expenditure of budgeted funds for the development of Best Friend Park. 2) Award contract for RFP 03-3463 "Parks and Recreation Management Software" to Class Software Solutions in the amount of $72,337.50. 3) Approval of a Certificate of Public Convenience and necessity for the Collier County Emergency Medical Services Department. 4) Recommend that the Chairman sign an agreement with the Agency for Health Care Administration that would authorize the use of $164,280 from the FY '04 Human Services Department budget to be considered part of a local match requirement to obtain State and Federal funding to operate a primary care clinic in the Greater Naples community. 5) Authorize a budget amendment recognizing Community Development Block Grant revenue in the amount of $684 for the Human Services Department to provide prescription medications to Iow income residents in Immokalee. 6) Approve the purchase of a Telestaff Automated Staffing System from Principal Decision Systems International (PDSI) in the amount of $38,790 to be purchased with the State of Florida 100% grant funds. E. ADMINISTRATIVE SERVICES 1) Approve extension of Contract 02-3345 Annual Contract for Underground Utility Contracting Services. 2) Approve extension of Contract 02-3359 Annual Contract for Telemetry Service. 3) Request approval from the Board of County Commissioners to provide funds from operating budgets for high speed internet service for select management staff who require access to County data resources from their homes. 10 November 18, 2003 4) Recommendation to award Bid No. 04-3574, Appraisal Services for GAC Land Trust- (Estimated value not to exceed $5,000.00) 5) Approve and authorize the execution of a partial release of easement for a portion of that certain temporary beach restoration easement recorded in Official Records Book 2066, Pages 917-920. The total cost of this request will not exceed $10.50. 6) Recommendation to award RFP No. 03-3555, Bi-Weekly 30-Minutes News Magazine Television Show (estimated value $60,000.00). 7) Recommendation to award Bid No. 03-3563, Communications Services. (Estimated value $50,000.00) 8) Recommendation to approve Cigna Dental Plan as the provider of group dental insurance coverage. 9) Recommendation to declare certain County-owned property as surplus and authorize a sale of the surplus property on December 13, 2003. 10) Report and ratify staff-approved change orders and changes to work orders to Board approved contracts. 11) Approve a budget amendment in the amount of $94,893 to execute Change Order No. 1 increasing Contract No. 02-3377 with Brooks and Freund, LLC, for the construction of the North Naples Government Service Center. 12) Approve selection committee ranking of firms for contract negotiations for RFP 03-3549, "Consultant Services for Developing a Public Land Survey Section (PLSS) base layer for the County's Geographic Information System (GIS)." (Estimated dollar amount of contract is $250,000.) COUNTY MANAGER 1) Approve Agreement ~04HM-9-09-21-15-001 between the State of Florida, Department of Community Affairs and Collier County in the amount of $83,640 (75% State125% Local) to provide wind protection to eight (8) public safety facilities as specified in Collier County's local mitigation strategy and approve a budget amendment to recognize and appropriate revenue. G. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala's request for approval for payment to attend the Lake Trafford Lives On event. 2) Commissioner Halas' request for approval for payment to attend the Lake Trafford Lives On event. 11 November 18, 2003 3) Commissioner Coletta's request for approval for payment to attend the Lake Trafford Lives On event. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS Recommendation to adopt the budget amendment appropriating carry forward and expenditure budgets for open purchase orders for non- project funds and for unexpended budget for project funds at the end of fiscal year 2003. 2) Request that the Board of County Commissioners approve a budget amendment for Wireless 911 expense related to GIS mapping and 911 data base in the amount of $53,000. 3) 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) Approve the Stipulated Final Judgment relative to the Acquisition of Parcel 130 in the lawsuit styled Collier County v. David J. Frye, et al, Golden Gate Parkway Project No. 60027. 2) Approve the Stipulated Final Judgment relative to the Acquisition of Parcel 132 in the lawsuit styled Collier County v. David J. Frye, et al, Golden Gate Parkway Project No. 60027. 3) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the Acquisition of Parcel 120 in the lawsuit styled Collier County v. Calusa Pines Goff Club LLC, et al, Case No. 02-5140-CA (Immokalee Road, Project No. 60018). 4) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the Acquisition of Parcel 112 in the lawsuit styled Collier County v. Norma E. Banas, et al, Case No. 02-5137-CA (Immokalee Road, Project No. 60018). 5) This item has been deleted. 6) Recommend that the Board consider ratifying a settlement agreement in the case of Emerald Lakes Residents' Associafior~ v. Collier County, Case No. 02-2364-CA. 12 November 18, 2003 17. 7) Approve the settlement agreement relative to a code enforcement lien imposed on property located on t020 DeSoto Boulevard, Naples, Florida, and upon transfer of property to Collier County, authorize the execution and recording of a release of lien. 8) Approve the mediated settlement as to Parcel 125, 702, 703, 825A and 825B in the lawsuit entitled Collier County v. Edith G. Street, et al, (Goodlette-Frank Road Project 60134). Total cost of $346,250. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2003-AR-4055, Pete, Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 12th Avenue Northwest to Bur Oaks Lane, which street is located in Unit 96, of the Golden Gate Estates Subdivision, located in Section 32, Township 48 south, Range 26 east, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2003-AR-4058, Peter Goodin, representing Oakes Estates Advisory Inc., requesting a street name change from 10t~ Avenue Northwest to English Oaks Lake, which street is located in Unit 96, of the Golden Gate Estates Subdivision, located in Section 32, Township 48 south, Range 26 east, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-3906 Sr. Paul'= Antiochian Orthodox Church, requesting Conditional Uses 7, 11 and 16 in the "A" Rural Agricultural with Mobile Home Overlay (A-MHO) Zoning District per LDC Section 2.2.2.3.7, to allow a church/place of worship, a child day care center and an assisted living facility on 8.3+ acres located on the west side of River Road, abutting the south side of Immokalee Road in Section 30, Township 48 south, Range 27 east, Collier County, Florida. D. To adopt a resolution approving amendments to the Fiscal Year 2002-03 Adopted Budget. 18. ADJOURN 13 November t8, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING November 18, 2003 Continue Item 10C to December 2~ 2003 BCC meetinq: To obtain Board approval to award RFP #03-3505 "Transportation Roadway Asset Inventory Database" and authorize staff to commence negotiations. Estimated fiscal impact to be $250,000. (Staff request.) Withdraw Item 10E: Adopt a resolution authorizing condemnation of temporary easement interests required for the construction of a six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (CR 951) (Capital Improvement Element Nos. 24 and 63, Project No. 63051). Estimated fiscal impact: $665,900. (Staff request.) Move 16(A)10 to 10F: Request by the Lake Trafford Task Force for reimbursement of a permit for amplified music for a free concert given by the United States Navy Band Country Currents to be held November 16, 2003. (Commissioner Coyle request.) Move 16(B)6 to 10G: Approve Change Order No. I in the amount of $3,830,285.95 to Apac-Florida, Inc., to incorporate two additional travel lanes to the Immokalee Road and Utility Improvement Project, from CR 951 to 43rd Avenue NE, Project No. 60018. (Bid No. 02-3419) (Commissioner Halas request.) Continue Item 16(D)1 to December 2~ 2003 BCC meeting. Authorize the expenditure of budgeted funds for the development of Best Friend Park. (Staff request.) Item 16(K)8: The fiscal impact statement should include the following sentence: "In addition, County will incur closing costs, including title insurance, not to exceed $3,000. (Staff request.) Item 17B: Should read" . . . English Oaks Lane" (rather than English Oaks "Lake"). Continue Item 17C to December 2, 2003 BCC meetina. CU-2003-AR-3906 St. Paul's Antiochian Orthodox Church, requesting Conditional Uses 7, 11 and 16 in the "A" Rural Agricultural with Mobile Home Overlay (A-MHO) Zoning District per LDC Section 2.2.2.3.7, to allow a church/place of worship, a child day care center and an assisted living facility on 8.3+ acres located on the west side of River Road, abutting the south side of Immokalee Road in Section 30, Township 48 south, Range 27 east, Collier County, Florida. (Staff request.) INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 14 November 18, 2003 PROCLA~A T~ON Abe Skinner has worked in the Collier County Property Appraiser'~ office since 2962; and, WHEREAS: he was appointed to the elected position of Collier County Proper~ Appraiser in 1991 by the then Democratic 6overnoe, Lawton Ch/les; and. he serves as the third P~operty Appraiser to have held this position since Collier County was founded in 1927; and. during his tenure he has continually advanced the proficiency of the office by upgrading ~/stems to the latest and most e£f/c/ent computer applications; and, WHEREAS: he has shared with pub/lc; and, 21 ~ century by :information system agencies as we// Abgihas been a recognized member of - A$$t~ciation o£ Proper~ Ap~dsers 'ye~S ond has $e~ os frs Pc~iden~. a~ o~her ~c~cifies aM is res~cted'by his ~ers r~~ ~he ~ate {or his [nteaH~, hones~ and leadersh~?i~nd, Abe. ~a born in Southwest Florida and ~~ a p~ud ce$iden~. ~f Co/tier CoUn~ ~or rhe.pas~ ~O6~rs. Me and of Collier Coon~ rec~nize Abe Skinner for 3~ 7eom of exempla~ se~ice on~ for his cog~irmenr and con~iborio~ fo fhe cffizens of Collier BOARD OF COUNTY CO/AA~5$IONER5 COLI. ZER COUNTY, FLOATDA ATTEST: DI4ffGt4T E BROCK, CLERK PROCLAMATION NATIONAL HOSPZCE MONTH - NOVEMBER 2003 Z5TM ANNZVERSARY OF PROMOT~N6 HOSP~'CE AWARENE55 ~VH~EA$. November 2003 marks the 2~ anniversary of National Hospice A~onth.' and, V/HEREA$. la# year approximately 88§, 000 terminally ill patients and their families received care from the 3,300 hospice programs in communities throughout the United States; and, IEHEREA$, thousands of citizens of Collier Counl? have received medical services, pain and symptom control, and emotional and spiritual support from Hospice of Nap/es over the course of its 20-year h/story; an~. ~VHEREAS, hospice care allows patients to live in dignilY, be treated with respect. be surrounded and supported by loved one~, ~am///ar ~Hends comm/~ed ca~/vers; and, WHEREAS, Hospice of Naples ~HOb~"~ ~~ ~ddents of Collier Coun~ of the inclML~..phydcians, nu~es, social isis, counsdors, heM~.;~'~ ~ CJe~:- p~v/de comp~ehen~l~:~ of.i~fi ~patienf a pri~J'~; and, '?C~?~' WHEgEAS, famf~:~embers ~d Iowd.~es ~ceive counseling.;~d ~avemenf care f~' help':'~em co~ ~ifh the many losses they the il/ness and w~h th~.grief they ex~ience ofte~ords: and, thot b~t~:;~ of ~um~n life ~e~e~ ta~'~:~ed with the utmost respect ~car~.~;.,.,. .: ' ~.:. ~ ~" "':"~ ;,?~.~;~.~ :? THEREFORE. be # ~a~d.~by .~,~'~ Commissioners of Collier NA 7~ONAL HOSPICE MONTH DONE AND ORDERED THIS 18'~ day of November, 2003. t TTES T: D~/Za~ ~ 'B~O~. CZERK BOARD OF COUNTY COMMISSIONER5 T~A4 i~ENtVZ/V~, CHAiRIA~_.~ AGENQA_ITEM NOV 1 8 2O113 WHEREA$~ WHEREAS, WHEREAS. WHEREAS. WHEREAS, WHEREAS. PROCLA~A TION the global epidemic of HIV infection and AID5 requires a worldwide effort to increase communication, education and united action to stop the spread of HIV/AID$; and, UNAIDS estimates that over 37 million adults and 3 million children ore currently livin9 with H-TV/AIDS, with youn9 people under the ag~ of Z5 accounting for more than half of oil new infections; and. the American Association for World Health is encouraging a better under~tandin9 of the challenge of HIV/AID$ natianolly as it recognizes that the number of people diagnosed with HIP' and AID5 iff the United ~tates continu~ to inc~ase, with 9~, ~ ~op/e in the ~. ~. now in~ecte~; and, Collier County has 846 A£D$ cases reported (as of ~Tu/y 31, 20039; and. World Aides bay provides an Opportunity to £ocus local, national and international attention an HIV in£edion and AIDS and to disseminate information on how to prevent the spread o£ H~V; and, the 14ladd AIDS Day 2003 theme, HIV ~ Aids Stigma and Di~crim£nation, os individuals infected with HIV have been rejected by their/amilies, their loved ones and their communflg'~; however, across the wortd H/V/AIDS has shown itself capable of tmi~n2ering responses o£ compassion, solidarity and support, bn'nging out the best in people, their £ami//es and communities. blOW THEREFORE. be it proc/aimed by the Board of County Commissioners o£ Collier County, Florida, that Coil/er County wi//observe World AIDS Day on Oecember 1~ 2003;and owe aH dtizen~..to take part in act/v/ties and observances designed to :increase .awa~eness and understanding of HIV/AfDS as global chal/em2e, ~o take part in H_TP'/AXDS prevention act/v/ties and programs, and to join the local e££ort to prevent the further spread of HIV/AIDS. DONE AND ORDERED THIS 18th Day of blovember, 2003. BOARD OF COUblTY CO/~A~£SSIONERS COlA TER COUblTY. FLOP. fDA A TTES T: TO/~ HENNIN~, CHAIRA~AN DWIGHT E. BROCK, CLERK Ne. ~ (~ ~ NOV 1 IS 2gQ3 PROCLAMATT. ON WHEREAS, November 21-27 is National Farm-City Week, a time set aside to recognize and honor the contributions of our country's agriculturalists end to strengthen the bond between urban and rural citizens; and, WHEREAS, in Collier County the highpoint of Farm-City Week is the annual Farm-City Barbecue, sponsored by Collier County's University Extension and a committee of volunteers. WHEREAS, agriculture is an important element in Collier County's economic machine, with total economic activity of over $300 million annually; and, WHEREAS, WHEREAS, WHEREAS, 22% of Collier County is utilized for agriculture, providing vital ecological benefits, for wildlife and recharge area for our, the BoA of-~-~)lli%' Cbt~r~/ _. local agri¢.ultUr~d; ~hraugh programs ~ncludi~ with the Unived~ty of Florida's E~ension we ~courage all citizens to pause to re~co~ contributions of',our:~local farmers and ranchers to our economy/our food sUpPly and our social. -.:¥_ ~. COM'~ONE~S,' that o. b~h~lf Of the citJ~'~f Collier greot ~i~tion and honor is owed to all "j~?'~Unw's agriculturalists, '~n~that Nowm~er ~t-~7 b~,~s ~ DONE AND ORDERED TH[5 ~8*h dey of Nowmber, 2003. BOARD OF COUNTY COMMTSSTONER5 COLLIER COUNTY, FLOR.1:DA ATTEST: DWIGHT C. BROCK, CLERK TOM HENNING, CHAIRMAN PROCLAA~A TXON Whereas. Road A~aintenance Department crews by the nature of their duties working alan9 Collier County roadways find themselves near motorists in distress and in an effort to exceed customer expectations offer assistance: and. Whereas, on Thursday, September 2§, 2005 one such crew was on Livingston Road just north of Pine Ridge Road when a car carrying an expectant mother and the pregnant woman's mother blew a dre; and, Whereas, the crew consisting of Nancy Summers. 4Tar/er Hoyos and Raymond Arco was able to exceed expectations and provide excellent customer service by chang/n9 the flat dre in a rain storm al/owing for the continued safe passage of the pregnant woman and her mother; and. Whereas, the mother of the pregnant woman, insisting on remaining anonymous, contacted the Collier County Commissioners to alert them of the employees' good deed and sincere apprec/aHon for the crews' compassion and ass/stance in o time wanted to make certain the employees were recognized; Whereas. these requiremen~ go' ~c"eed the e~Ployeg$ and Wish to rec~iz~ these three m~bg~ ~ fine ~amples of so mqny aims. the~ coun~ roadwoy$ a~ have offered need. NOW. THEREFOR~ ~ceed that the Boa~ of as a token of their app~ciadon. beyond their job res/dents; and. the employees i~'d~inistration and Such outstandin9 staff who work to others in of Co/I/er and Raymond Arco of employees who on o daffy basis and offer this proc/amaHon DONE AND ORDERED THIS IStb Day of November 2005. BOARD OF COUNTY COAdAdISSIOIVERS COLLIER COUNTY, FLORIDA TOA4 HENNIN~, CHAIR/~AN A TTES T: DWIGHT E. BROCK, CLERK No..3 ~ NOV 18 2003 EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE JOYCE ERNST, PLANNER, COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION AS EMPLOYEE OF THE MONTH FOR NOVEMBER 2003. OBJECTIVE: performance County. The "Employee of the Month" program is designed to recognize exceptional plus uniquely identifiable contributions that produce significant results for the CONSIDERATIONS: Joyce has consistently brought her extensive experience gained through work with virtually all aspects of the development process to bear on complicated zoning issues. Her excellent memory is often the key to locating historical information or providing the rationale behind decisions made under previous administrations. Her ability to compose zoning letters, which summarize complex situations clearly and concisely, is outstanding. By virtue of her many years with different development services organizations, Joyce has acquired great skill in explaining situations, patiently and in layman's terms, to the average citizen. Her knowledge of the different aspects of the development process allows her to determine which components or individuals can best provide customer assistance in virtually all circumstances encountered. Joyce is extremely calm, composed, and professional when handling emotional or angry customers. Joyce routinely explores innovative options for customers that provide opportunities to meet the customer's needs while still meeting the requirements of the Land Development Code. She is quick to suggest solutions and options to problems that at first glance seem difficult to overcome. Joyce routinely tackles complicated work assignments and juggles a large number of assignments with a positive attitude and without complaint. She is a consistently reliable employee who has excelled in her job knowledge through each progressive promotion she has received throughout her tenure here at Collier County. FISCAL IMPACT: "Employee of the Month" selected receives a $150.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: To recognize Joyce Ernst as "Employee of the Month" for November 2003. APPROVED BY: OJea'~-Merr,rt:t, ~-r~t"~? ' Human Resources Department Len Pric~, Ad~T~inistrator Administrative Services Division DATE: DATE: AGENOA ITEM ~ NOV 18 2003 COl ] IER COLIN'IX MANAGER'S OFFICE 33{)t East'FamiamiTrail · Naples. FL34112 * .39-;74-8~8, ~, Fax239-774-4010 October 23. 2003 Mr. Gerald Burns, President Kensington Park Master Association 2501 High Court Naples, FL 34105 Re: Public Petition Request to Discuss Kensington PUD Dear Mr. Burns: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 18, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, · ~ames V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, Administrator, C.D.&E.S. Winona Stone, Assistant to the County Manager 20O3 July 27, 2003 Mr. Jim Mudd Collier County Manager 3301 East Tamiami Trail Naples, FI. 34112 Dear Mr. Mudd, The Collier County Commissioners passed Ordinance 2002-54 on 10-22-02 allowing the Developer of Hiwasse to have ingress/egress on to Eatonwood Lane ( a private road) creating a safety and security issue for over 1100 Kensington residents. The Ordinance reads: "Access to the prope~y within sub-district (Hiwasse) shall be from ,_,-,,,.,nw,~od Lane and shall be located as far to the West as reasonably possible. Additional access to the property in the form of a right-in / right-out on to Livingston Road may be allowed where complianca can be established with Collier County Access Management Standards." Also, the County Commissioner's minutes of May 14, 2002 grant access to Hiwasse from Eatonwood Lane. This was a mistake as Eatonwood Lane is part of the original Kensington PUD as defined in Ordinance 98-8 dated 2-23-98 and dedicated to Kensington Park Master Association by Dudley Goodlette on 12-I 1-96 as a private roadway. However, in all fairness to the Collier County Commissioners we believe that the representatives of Hiwasse never told the Commissioners that Eatonwood Lane was a private road belonging to the Kensington residents according to the PUD. Also, for your information, the Developer and his representatives have misrepresented the facts to the Kensington residents since October, 2002. The residents of Kensington do not intend to grant access to Eatonwood Lane from the Hiwasse propert',/. Therefore, we are asking the Commissioners to rectify their decision and declare Ordinance 2002-54 null and void. N3v' 1 2003 We are not opposed to the re-zoning of the Hiwasse property from agricultural to commercial. We are against the access from Hiwasse on to Eatonwood Lane which is a private road. Sincerely, Gerald E. Bums Kensington Park Master Association, President cc: Jim Coletta, County Commissioner Fred Coyle, County Commissioner Donna Fiala, County Commissioner Frank Hales, County Commissioner Tom Henning, Chairman Ray Bellows, Planner Norm Feder, Transportation Administrator J. Dudley Goodlette, Florida House of Representatives Joseph Schmitt, Administrator Joseph McMackin, Bond, Schoeneck & King Encl. 2003 COMMUNI D LOP NT Ea RONMF AL SERVICES Office of the Administrator 2800 N. Horseshoe Drive · Naples, Florida 34104 · 239-403-238.5' FAX 239-403-2395 October 15, 2003 Mr. Gerald E. Burns Kensington Park Master Association, President 2501 High Court Naples, FL 34105 Re: Repeal of Ordinance Number 02-54 Dear Mr. Burns: i am in receipt of your letter dated July 27, 2003 requesting the Board of County Commissioners (BCC) repeal a Growth Management Plan Amendment that was enacted with the adoption of Ordinance 02-54. As you know, this Ordinance established the Livingston Road/Eatonwood Lane Commercial Infill Sub-district consisting of 12.5 acres. This Sub-district allows professional and medical offices and indoor self-storage facilities. In addition, this Sub-district requires that access to the property from Eatonwood Lane and shall be as far to the west as reasonably possible. Additional access to the prope.,ly may be permitted as a right-in/right-out onto Livingston Road. In your letter, you also indicate that Eatonwood Lane is a private road dedicated to the residents of Kensington. As a result, the requirement for the developer of the Hiwasse to provide its main access off of Eatonwood Drive, would restrict the ability of Kensington to construct a private gated entry. You also note that you are not opposed to the rezoning of the Hiwasse property from Agricultural to PUD, but are opposed to the access to Eatonwood Lane. It should be noted that if Ordinance Number 02-54 were repealed, the application to rezone the property to a PUD would not be found consistent with the Collier County Growth Management Plan. As an alternative, consideration should be given to work with the Hiwasse Developer to amend the Livingston Road/Eatonwood Lane Commercial Infill Sub- district to restrict access to Eatonwood Lane. Repeal of Ordinance Number 02-54 Gerald Burns, President, Kensington Park Master Association Page 2 Please be advised that staff does not have the power to repeal an ordinance, such action would require a formal appeal to the BCC or to directly petition the BCC during the Public Petition Process. Please contact Winona Stone for information concerning the requirements for petitioning the BCC. Should you require additional information, please do not hesitate to call my office at (239) 403-2485. Sincerely, ./// / ,~_.~sep . mitt, Administrator (.?.ommunity Development and Environmental Services Division Cc: James V. Mudd, County Manager Leo Ochs, Deputy County Manager Susan Murray, AICP, Current Planning Manager Raymond Bellows, Chief Planner Marjorie M. Student, Assistant County Attorney COLLIER COUNTY MANAGER'S OFFICE 3301 East TamiamiTrail · Naples, FL 34112 · 239-774-8383 * Fax 239-774-4010 October 17, 2003 Mr. Bob Stone P.O. Box 990502 Naples, FL 34116 Re: Public Petition Request to Establish a Resolution to Appoint Members to a Charter Commission Dear Mr. Stone: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 18, 2003, regarding the above referenced subject and will be heard between 9:30 a.m. and 10:30 a.m. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, --~James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Beth Walsh, Assistant to the County Manager NOV 1 2003 {, Beth Walsh Assistant to the County Manager Collier County Florida October 14, 2003 Ms. Walsh, In accordance with your e-mail instructions regarding the submission of a Public Petition, I am hereby submitting the attached Request to Speak under Public Petition. Please advise if this meets the necessary requirements for the Board of County Commissioners agenda on 18 November. I would like to be advised if you could give me a time specific that this item will be spoken to on this agenda. Sincerely, Please print Name: Request to Sveak under Public Petition Address: Phone: Date of the Board Meeting you wish to speak: Please exvlain in detail the reason you are requesting to speak (attach additional page if necessary): Ple~__se explain/n deta/] the action you are m~king the Commission to take (attach additional page if necessa~): Request to Speak under Public Petition Name: Bob Stone, Chairman, Citizens for Charter Political Action Committee Address: P.O. Box 990502, Naples Fi. 34116 Phone: (239) 352-0974 Date of board meeting: 18 November 2003 Reason for speaking. To petition the Board of County Commissioners with a verbal and written request to appoint members to a Charter Commission for the purpose of the study and writing of a Charter document for Collier County. Action board is asked to take. Within a thirty (30) day period after receipt of this petition, establish a resolution to appoint members to a Charter Commission for the purpose of the study and writing of a Charter document for Collier County in accordance with Florida Statutes 125.60-64. CO! ]JER COUNTY MANAGER'S OFFICE _ ~ " Fax 239-774-4010 3301 East Tamiami Trail · Naples, FL 34117 · ,~39-774-8_~83 · November 10, 2003 Mr. F. Joseph McMackin III Bond Schoeneck & King, PA. 4001 Tamiami Trail North, Suite 250 Naples, FL 34103-3555 Re: Public Petition Request Regarding City of Naples Airport Authority, Petitioner, v. Federal Aviation Administration, Respondent, Case No. 03-1308, United States Court of Appeals for the District of Columbia Circuit Dear Mr. McMackin: Please be advised that you are'scheduled to appear before the Collier County Board of Commissioners at the meeting of November 18, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion..Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further informa'tion or assistance, please do not hesitate to contact this office. Sincerely, .,-"James V. Mudd County Manager JVM/jb · cc: David Weigel; County Attorney Theodore D. Soliday Hon. Peter G. Eschauzier Hon. Eric West Winona Stone, Assistant to the County Manager ~ ~ t y BOND, SCHOENECK & KING, P.A. ATTORNEYS AT LAW · FLORIDA KANSAS NEWYORK October 28, 2003 David Weigel, Esq. Office of the County Attorney 3301 East Tamiami Trail Naples. FL 34112 Re: CiO, of Naples Airport AuthoriO;, Petitioner, v. Federal Aviation Administration, Respondent, Case No. 03-]308, United States Court of Appeals for the District of Columbia Circuit Dear David: The City of Naples Airport Authority has petitioned the United States Circuit Court of Appeals for the District of Columbia to review the Final Decision of Woodie Woodruff. FAA Associate Administrator, concerning the FAA's refusal to provide grant funds to the Naples Municipal Airport as long as the Airport Authority enforces its Stage 2 ban. The Count,,, was kind enough to file an amicus curiae brief on behalf of the Authority after the hearing in June of this year. That document was voluminous and took a great deal of your time in preparing and revising. The Authority is not asking the County Commission to, once again, authorize an amicus curiae brief. The Supreme Court of the United States enacted a rule discouraging gratuitous filings of amicus briefs and advised the bar that briefs which do noi add something to the case are disfavored and a burden on the Court. However, a new opportunity has presented itself, which allows affected local government entities like the City of Naples and Collier County to file a short brief (3-5 pages) endorsing the Autho,,4,ty's position and stating affirmatively that the Stage 2 ban implements a local land use compatibility pOlicy. It is this document, commonly referred to as an "Endorsement of Position," which I believe the Authority will seek from the County Commission. Under Rule 29 of the United States Court of Appeals for the DC Circuit, any prospective endorser must file a Motion for Leave to Participate within 60 days of the docketing of the case. Therefore, it will be necessary for the County to be prepared to file the Motion on or before 4001 Tamiami Trail North, Suite 250, Naples, FL 34103-3555 · Phone: 239-659-3800 · Fax: 239-659-3812, David Weigel, Esq. October 28, 2003 Page 2 December 1. 2003. (This is the Monday after the Thanksgiving Holiday, meaning that for practical purposes the papers will need to be completed by Wednesday, November 261h.) I am writing this letter in the hope that your office might advise me of any comments relative to this request before it goes in front of the Board of Commissioners. Thank you for your attention to this matter, I am Sincerely yours, BO/~~CK & KING, P.A. F. Joseph McMackin III Direct: 239.659.3861 E-mail: imcmackin~bsk.com FJM:jch CC: Mr. Theodore D. Soliday Hon. Peter G. Eschauzier Hon. Eric West 177199.1 1012512003 EXECUTIVE SUMMARY REQUEST THE BOARD APPROVE AN ORDINANCE AMENDING CHAPTER 110, ARTICLE II OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, WHICH AMENDMENT (1) EXCEPT FOR NAPLES PARK, PROHIBITS THE ENCLOSURE OF SWALES WITHIN THE PUBLIC RIGHTS- OF-WAY BUT PROVIDES GUIDELINES TO PEI~VIIT THE ENCLOSURE OF SWALES ON A CASE-BY-CASE BASIS, AND (2) AUTHORIZES ONGOING INSPECTIONS OF, AND REQUIRES NECESSARY IMPROVEMENTS AND REPAIRS TO, EXISTING CULVERTS AND SWALE ENCLOSURES WITHIN THE PUBLIC RIGHTS-OF-WAY. OBJECTIVE: To request the Board enact an Ordinance amending Ordinance No. 2003-37 as follows: (1) except as specifically set forth in Ordinance No. 1998-1, known as the "Collier County Swale/Culvert Ordinance Naples Park," to prohibit the enclosure of swales within the Public Rights-of-Way, but to allow the Transportation Administrator or his designee to review and approve deviations from this policy when documented by substantial competent evidence in accordance with approved guidelines, and (2) to authorize continuing inspections of, and to require necessary improvements and repairs to, existing culverts and swale enclosures within the Public Rights-of-Way. CONSIDERATION: The Transportation Services Division Right-of-Way Permitting and Inspection Section regularly receives requests to allow the total closure of front yard swales along residential streets throughout the County. Most of these requests are the result of maintenance considerations based on the homeowner's desire to eliminate the need to maintain the existing swale. As the number of enclosures increase over time, the available capacity of the roadside swale system decreases. The rural design of most of our local streets is based on having sufficient capacity in the swale to accommodate storm water runoff from the paved surface of the street and from the unpaved area between the edge of the pavement and the right-of-way line. In addition to the capacity issue, the open swales serve as the initial "cleansing tool" for the runoff. The grassed bottoms and side slopes slow the runoff and allow the initial settlement of solids and suspended particles. The swales also serve as a major source of groundwater recharge. Typically, when a swale is enclosed with a solid pipe, the pipe diameter is smaller than the original cross-section of the swale, thus constricting the volume of water that can effectively flow through it and isolating that portion of the system from the natural pretreatment provided by the detention and recharge mentioned above. There are several specific neighborhoods that have been adversely affected by the gradual creep of swale enclosures. Among the most visible of these are Pine Ridge Subdivision, Willoughby Acres (especially the Willow West Subdivision), Golden Gate ~_s..t.g!_e.~,__.~_ .:~.--.-----, 8 2003 ? / Executive Summary Ordinance Banning Swale and Ditch Enclosures Page 2 of 2 Naples Park Subdivision and the Pine Ridge and Naples/Collier County Industrial Parks Subdivisions. Except for the Naples Park Subdivision, there are no controls available to guide staff in response to a request for a swale or ditch enclosure (Ordinance 98-1). Based on the foregoing background, staff requests that the Board approve the attached Ordinance governing the prohibition of enclosure of roadside swales, and authorizing inspections of, and requiring necessary repairs to, existing culverts and swale enclosures. FISCAL IMPACT: There will be no effect on the Board's budget. There will be increased costs tO individual homeowners seeking permits for swale enclosures or if q~epairs to existing culverts or swale enclosures are required. GROWTH MANAGEMENT IMPACT: This request for approval of the attached Ordinance is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Enact the attached Ordinance amending Ordinance No. 2003-37 as follows: (1) except as specifically set forth in Ordinance No. 1998-1, to prohibit the enclosure of swales within the Public Rights-of-Way, but allow the Transportation Administrator or his designee to review and approve deviations from this policy when documented by substantial competent evidence in accordance with approved guidelines, and (2) to authorize inspection of, and require necessary repairs and improvements to, existing culverts and swale enclosures xvithin the Public Rights-of-Way; and 2. To authorize staff to proceed in accordance with the Board's direction. SUBMITTED BY:~-~~~ Mitch Riley, P.E., Section Manager ROW Permitting and Inspection DATE: Edward' - -- -- --'° :tJ. Kant, P.E., D~rec or Operations, Reviews, Permitting & Inspection APPROVED BY: ~_~_ _ . ~-ff~ Norr~a!)fE. Feder, AICP, Administrator Trans~6rtation Division Attachment No. 1 - Proposed Ordinance Attachment No. 2 - Exhibit "A" DATE: kc:,/{.S 1o'"~ DATE: ORDINANCE NO. 2003- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE II OF THE COLLIER COUNTY CODE OF LA'WS AND ORDINANCES, WHICH AMENDMENT (1) EXCEPT FOR NAPLES PARK, PROHIBITS THE ENCLOSURE OF SWALES WITHIN THE PUBLIC RIGHTS-OF-WAY BUT PROVIDES GUIDELINES TO PERMIT THE ENCLOSURE OF SWALES ON A CASE-BY-CASE BASIS, AND (2) AUTHORIZES ONGOING INSPECTIONS OF, AND REQUIRES NECESSARY REPAIRS AND IMPROVEMENTS TO, EXISTING CULVERTS AND SWALE ENCLOSURES WITHIN THE PUBLIC RIGHT-OF-'~VAY; PROVIDES FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDES FOR AN EFFECTIVE DATE. WHEREAS, the current practice of permitting the enclosure of swales within the Public Rights-of-Way is detrimental to the efficient detention of storm water runoff and to the recharge of groundwater; and WHEREAS, the Transportation Services Division has received numerous requests to enclose swales within the Public Rights-of-Way; and WHEREAS, the Board of County Contmissioners of Collier County, Florida does hereby find and determine that it is in the public interest and the health, safety and welfare of its citizens (1) to generally prohibit the enclosure of swales within the Public Rights-of-Way, (2) to allow the Transportation Administrator or his designee to review and approve deviations fi-om this policy when documented by substantial competent evidence in accordance with approved guidelines, (3) to allow for the ongoing inspection o f existing culverts and s wale enclosures within t he Public Rights-of- to existing culverts and swale Way, and (4) to require necessary repairs and improvements enclosures within the Public Rights-of-Way; and WHEREAS, Ordinance No. 1998-1, known as the "Collier County Swale/Culvert Ordinance Naples Park," already regulates the issue of swale enclosures within the area known as Naples Park; and WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 2003- 37, also cited as Chapter 110, Article [I of the Collier County Code and Ordinances, which Ordinance, among other things, concerns the regulation of private construction in the Public Rights- of-Way, and WHEREAS, the Board of County Commissioners of Collier County desires to amend Ordinance No. 2003-37 as follows: (1) except as specifically set forth in Ordinance. No. 1998-1, to prohibit the enclosure of swales within the Public Rights-of-Way, but to allow the Transportation Administrator or his designee to review and approve deviations from this policy when documented by substantial competent evidence in accordance with approved guidelines; and (2) to authorize the ongoing inspection of, and to require necessary improvements and repairs to, existing culverts and swale enclosures within the Public Rights-of-Way. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COU2XlTY COMMISSIONERS OF COLLDER COUNTY, FLORIDA, that SECTION ONE: AMENDMENT. 1. The following new section is hereby added to Chapter 110 of the Collier County Code and Ordinances: Sec. 110-30. Enclosure of Swales. Except as specifically set forth in the "Collier County Swale/Culvert Ordinance Naples Park," set forth below in Sec. 110-41 et seq., the enclosure of swales within the Public Pdghts-of-Way is hereby prohibited. The Transportation Administrator or his desi,maee is authorized to review and approve deviations from this policy when documented by substantial competent evidence in accordance with the guidelines set forth in the handbdOk. ~.'h__ addition, the Transportation Administrator or his designee will continually inspect existing culverts and swale enclosures within the Public Rights-of-Way to ascertain their condition and their effect on the roadside drainage system, and will require any necessary repairs and improvements to existing culverts and swale enclosures located within the Public Rights-of-Way. 2. The "Construction Standards Handbook for Work Within the Public Rights-of-Way, Collier County, Florida," adopted by Collier County Ordinance No. 2003-37, is hereby amended by adding as Appendix C to the handbook the "Collier County Transportation Services Division Right- of-Way Permitting and Inspection Section Criteria For Enclosure of Swales in the Right-of-Way," set forth in Exhibit "A" to this Ordinance. renumbered as follows: Current Sec. 110-30. Current Sec. 110-31. The following Sections of the Collier County Code and Ordinances are hereby Permits., is hereby renumbered to Sec. 110 -31. Permits. Removal of offending material., is hereby renumbered to Sec. 110-32. Removal of offending material. Current Sec. 110-32. Rule of construction of this article., is hereby renumbered to Sec. 110-33. Rule of construction of this article. Current Sec. 110-33. Conflict and severability., is hereby renumbered to Sec. 110-34. Conflict and severability. Current Sec. 110-34. Penalties., is hereby renumbered to Sec. 110-35. Penalties. Current Secs. 110-35 110-40. Reserved., are hereby renumbered Sec. 110-36--110-40. Reserved. Except as renumbered, these sections remain otherwise unchanged. 2003 SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be' made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing xvith the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Tom Henning, Chairman Approv~~ Jeffrey '4/. ~zkow Assistanl[ Co~ty Attorney Exhibit "A" Criteria for Enclosure of Swales in the Rights-of-way It is not normally desirable to replace an open grassed swale within a County right-of-way or easement with an enclosed storm drain pipe. Enclosing a swale can reduce stormwater storage volume and stormwater quality treatment capacity. However, it is understood that extenuating circumstances can occur that would make an"enclosed system more desirable for health and safety considerations. For those instances where County staff, in responsible charge of making the decisions for swale enclosures, determine that there are sufficient circumstances to justify enclosing an existing swale or ditch, an application for a Right-of-Way Use Permit must be filed with the County. In order for the County to consider issuance of a permit for a swale enclosure, the following criteria must be met: 1. An existing conditions survey and a calculation of the existing cross-sectional swale area shall be provided. A pre and post enclosure evaluation shall be performed to demonstrate that post-enclosure volume is equal to or greater than pre-enclosure volume. A cross section and profile of the existing swale to be enclosed together with bottom a nd top width, side s lopes, a nd depth s hall b e prepared a nd provided b y a Florida registered professional engineer. If original design information is available, regardless of the existing condition, the required enclosure volume shall be based on the original swale design geometry and not the existing condition 2. Any existing water quality pre-treatment has to be compensated either within the right-of-way or in the property, and it has to be in a dry detention area, at least 1' above the high seasonal water table (hswt). The detention area has to collect the runoff from the adjacent pavement that came to the existing swale. Plan and section views depicting an adequate proposed project grading plan which conveys roadway runoff fi-om the edge' of pavement into the dry detention area shall be provided. Grading plans must take into account the thic ~k_ness of sod, typically 4", so as not to create a "step up" leaving a "bird bath" or ponding condition at the edge of pavement. .An outlet with a 3" bleeddown orifice (Invert at hswt) shall be provided in the detention area. I f the desired plan is to provide a shallow swale for water quality underlain by a storm drain pipe for water quantity, adequate inlets must be provided to the storm drain pipe. Within the urban portion of the County where the affected lot width is less than 100 feet, inlet spacing will be a minimum of one inlet between each driveway. Where lot widths are greater than 100 feet, or in the non-urban portions of the County, inlets shall be located between each driveway with additional inlets as needed to ensure that inlet spacing does not exceed 100 feet. The plans shall show a clearly defined w ay t o get t he s tormwater from t he dry detention a rea back t o t he enclosed swale. 3. Any existing water quantity that flows through the swale shall be compensated in a pipe with the capacity to handle that volume. Pipe size calculations indicating the equivalent, compensating volume proposed shall be provided. The minimum pipe size is 18 inches or equivalent. 4. Invert elevations of proposed and existing adjacent pipes, along with direction of flow shall be identified. Also adequate pipe coverage as per manufacturers Page 1 of 2 '7 recommendations for H S-20 loading shall be identified. F or swale enclosures, the allowable pipe materials are steel reinforced concrete, aluminum, high density polyethylene (HDPE) and polyvinylchloride (PVC). Pipes must have a smooth interior wall and meet Florida Department of Transportation approved criteria. Steel pipe material is not acceptable. 5. The relationship between the normal seasonal high water table elevation, the bottom of the ditch, the invert of the proposed culvert, existing outfall invert (if possible), and typical direction of flow shall be":shown. An actual normal seasonal high water table elevation should be called out on the proposed plan. 6. If a control structure is located downstream of the system proposed to be enclosed, enclosure will be prohibited unless it can be shown that such enclosure will not adversely affect the water quality requirements set forth in the SFWMD Permit for the control structure. 7. Because of potential larger pipe sizes required to adequately convey the existing storm water runoff, minimum cover requirements may place the proposed pipe invert below the normal seasonal high water table elevation. No credit shall be given for any proposed storage volume provided belo~v the water table. 8. The use of slotted pipe in rock trenches lined with geotextile fabric may be acceptable in certain locations for water quantity storage where stormwater quality pretreatment is provided and there is clearly insufficient land surface to provide the required dry detention volume. The use of slotted pipe in rock trenches lined with geotextile fabric is also allowable where previously permitted by the County or a State or Federal agency. 9. All permits for swale or ditch enclosures shall contain explicit requirements for the property owner, successors or assigns to maintain the enclosure. Page 2 of 2 EXECUTIVE SUMMARY PUDZ-2003-AR-3607, JEFF DAVIDSON, PE, OF DAVIDSON ENGINEERING, INC., · REPRESENTING BARTON AND WENDY MCINTYRE AND JOSEPH MAGDALENER, · __~T_RE~_,.UE_STING CHANGES TO THE EXISTING NICAEA ACADEMY P_UD_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 (CR 951) SOUTH OF THE CRYSTAL LAKE PUD, 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 determine 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 heating to the meeting of October 28, 2003, to allow time for a meeting with area property owners 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 petition was further continued, at the petitioner's request, to the meeting of November 18, 2003. 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 Acade~ny 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. NOV ! 8 2003. FISCAL IMPACT: This rezoning will hav.e..n_p_f_Lscal impact 9n.,Colli.eLCoun. ty: 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: · Park Impact Fee: $578 $ 335,240 · Libraries Impact Fee: $181 $ 104,980 · Fire Impact Fee: $0.15 per square foot under roof $ 174,000 · Road Impact Fee (single family): $4,629 per dwelling unit $1,342,410 · Road Impact Fee (multifamily): $3,429 per dwelling unit $ 994,410 · Correctional Facility: $118 per dwelling unit $ 68,440 · EMS Impact Fee (single family): $14 per dwelling unit $ 4,060 · EMS Impact Fee (multifamily): $2 per dwelling unit $ 580 · Schools (single family): $1,778 per dwelling unit $ 515,620 · Schools (multifamily): $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 will include building permit review fees and utility fees associated with 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: NOV 1 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~tgta! acres._--. 598 dwelling units maximum at a densit_y 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 was 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. The copy attached is provided for your information. NOV 1 8 2003. PREPARED BY: FRE~CHL AICP, PR--~-"CIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY BEI-t~~ CHIEF PLANIq'~'~R DEPARTM/ENT OF ZONING & LAND DEVELOPMENT REVIEW /0.2_?.-03 DATE uReA'Y, AICP, Ill'RIM DIRECTOR ENT OF ZONING & LAND DEVELOPMENT REVIEW /o- z:~-o:3 DATE APPROVED BY: C DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PUDZ-2003-AR-3607 NOV 1 '8 2003. AGENDA ITEM 8-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: DATE: RE: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION 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 petition until the concerns 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 Com!.ty Attorney. PREPARED BY: PRINCIPAL PLANNER REVIEWED BY: '~Y, AICP ~7 CLYRRENT PLANNING MANAGER NOV 1 8 2003. , AICP PLANNING SERVICES DIRECTOR" APPROVED BY: & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Petition PUDA-2003-AR-3607 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN g/currenl]reischl/PUD/PUDA/Nicaea/staffreport~UDA-2003-AR-3607 NOV 1 B 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: 0 wners: Contract Purchaser: William Hoover, AICP Hoover Planning and Development, Inc. 3785 Airport Road North, Suite B-1 Naples, FL 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 fi.om 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 mile south of Immokalee Road. The site consists of approximately 119 acres. ,NOV 1 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, in a 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. ~_ ~.oab 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 l 19 total acres = 598 dw_elling__unitsmax~imum ata densi~-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: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a HistoricaVArchaeological 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 incorporated 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 Department 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: Report. 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 St iff 3 NOV I 8 2003. PREPARED BY: DAT~ REVIEWED BY: APPROVED BY: SERVICES DIVISION ADMINISTRATOR COLLIER COUNTY PLANNING ~OMMISSION: KENNETH L. ABERNATHY, CHAIRMAN g/¢urr~nt/reischl/PUDInic, aea/staffr~rVPUDZ-2003-AR-3607 4 NOV 1 8 2003. REZONE FINDINGS PETITION PUDZ-2003-AR-3607 Section 2.7.2.5. of the Collier County Land Devel_opment Code requires that the report and recommendauons of ~e~Plannmg Commission to the Board of County Conumsmoners 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 consistem 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-agriculturat-(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. NOV 1 8 2003. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro,.'. Since_the PUD is c~gsistent ,:,w~_.'th :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. e 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. e Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. NOV 1 It 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 create 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. J Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed land uses will 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 standards of the zoning district in which they are located. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This site is adjacent to other residential uses. Con: Evaluation not applicable. 3 NOV 1 8 2003- Summary Findings: An appraisal of estimated future property values resulting from a rezone was_ not required to be submitted. 11. 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 in accordance with existing regulations will not be affected. or 12. Whether the proposed change will._ constitute a grant of.special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary. Findings: Since the 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. 13. Whether there are substantial reasons why the property cannot be used in' accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The property 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. 14. 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. 4 NOV 1 8 2003. 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 applic~blel Summary Findings: There are many similar parcels in the County. The 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 unu'sable. 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 NOV 1 8 2003. PUD FINDINGS PETITION PUDZ-2003-AR-3607 Section 2.7.3.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners be supported by the following findings, where applicable: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Nicaea Academy PUD was found suitable for the type and pattern of development in the area. The ability of the PUD and neighboring future developments to use Tree Farm Road as a mutual access point would ease the flow of traffic along Collier Boulevard. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. The petitioner has provided evidence that the PUD is under unified control. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. Staff analysis indicates that the Nicaea Academy PUD is consistent with the goals, objectives and policies of the Growth Management Plan. The internal and external compatibility of the proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff analysis indicates that the Nicaea Academy PUD is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. The adequacy of usable open space areas in existence and as proposed to serve the development. NOV 1 8 2003. The existing PUD is undeveloped and therefore consists entirely of open space. The proposed PUD will meet the LDC requirement for 60 percent open space in residential developments. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The PUD is required to meet concurrency requirements at the time of Site Development Plan approval. The ability of the subject property and of surrounding areas to accommodate expansion. Ability to expand, as applied in this context, implies supporting infrastructure, such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads which is available to this site. Infrastructure is in place in the vicinity and its adequacy will be determined at the time of SDP approval. Conformity ~vith PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed Nicaea Academy PUD conforms to PUD regulations or requests deviations that staff analysis finds justified. , Division of Corporations Page 1 of 2 Florida Profit NICAEA ACADEMY, I~C. PRINCIPAL ADDRESS 2200 SANTA BARBARA BLVD NAPLES FL 34116 US Changed 04/23/1997 Document Number P95000035610 MAILING ADDRESS 6071 COPPER LEAF LN NAPLES FL 34116 US Changed 01/23/2002 FEI Number 650583996 Date Filed 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: 06109/1999 Officer/Director Detail Name & Address MCINTYRE, BARTON REV 6071 COPPER LEAF LN NAPLES FL 34116 Title IID 6071 COPPER LEAF LN D NAPLES FL 34116 I NOV 1 8 2003 .../cordet.exe?al =DETFIL&n 1 =P95000035610&n2=NAMFWD&n3 =0000&n4=N&rl =&r2=&]6/3/2003 Division of Corporations Page 2 ot* 2 iiReport Year 2001 2OO2 · ~--~ Annual Reports 11,1 Filed Date om,aoo, 11 '] Intangible Tax [I II o~r~nom Jl II oa~oar~ooa ii 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 REPFLINIFORM BUS REP 01/18/2001 -ANN REP/UNIFORM BUS REP 01/14/2000 - ANN REPZUlqlFORM.BUS REP ......... 06/09/1999 ~--ANNtJArL-REPORT 05/06/1998 '~ ANNUAL REPORT 04/23/1997 - ANNUAL REPORT 05/01/1996 - 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT NOV 1 8 2003 .../cordet.exe?a 1 =DETFIL&n 1 =P95000035610&n2=NAMFWD&n3 =0000&n4=N&r 1 =&r2=& 6/3/2003 · ,Details Page I of 1 Current Ownership ..... Folio NO.~ 00192960003 I Propert~ Addres,~ NO SITE ADDRESS Owner Name~ MCINTYRE, BARTON=& WENDY L ..... Add-re~s~es~ 6071 COPPER LEAF LN ....... citY~ NAPLES I S~q FL I Zip~ 34116 Legal 26 48 26 S1/2 OF Sll2 OF Stl2, S1/2 OF Nl/2 OF Sll2 OF Sll2, LESS R/W, OR t359 PG 943 Section [ 26 Township ~ Range ~ Acres 4~ ~ 26 , 117.73 Sub No. ~ [ ~0UseCode ~ 100 0 I VACANT RESIDENTIAL Map No. 3B26 ~ Mi la.qeArea 103 Strap No. ] ~482626 017.00038261 ~ "~ Mma~e I 2002 Final Tax Roll Values Land Value (+) Improved Value (=) Manet Value (-) SOH Exempt Value (=) Assessed Value (-) Homestead and other Exempt Value (=) T'axable Value $1,657,098.00 $ 0.00 $1,657,098.00 $ 0.00 $1,657,098.00 $ 0.00 $1,657,098.00 SOH = 'Save Our Homes' exempt value due to cap on assessment increases. Date 09 / 2000 06 11972 Latest Sales History Book - Page ~ 2725- 3390 II 536 - 80 ~ Amount $1,710,000.00 $175,500.00 The Information is Updated Weekly. htto://www.collierappraiser.com~ecordDetail.asp?FoliolD=O000000192960003 6/3/2003 AFFIDAVIT We, Barton & Wend_v L_ McTnl-yr~ being first duly sworn, dcpose and shy that we aru the owne~ of the property described bcruiu and which is the subjec~ matmr of t~ proposed hca~ng; that aU the answers to the questiona in ~L~ appL~cagon, and ali ~ data, mhd other supplementary mntt~r m~chcd to and mnde a p~rt of this applk:~fion, nru honest. and ~u.- '.o ~he ~st-ofour knowledge and b~lief. We understand fl, b appli~mtiou mus~ be completed ~nd accurate before a bearing can b~ advertised. We further permit l)avidson Eugineedng, Inc. and Hoover Planning & Dev~ Inc. to act as our n~resc-nta~v~s in any n~_,___,a's regarding this Petition. NOTE 1GN ' O ~ "'/''/ SlON^TURVOF OWNI~ SlG~^I1J'~ OF OWNi~ . --- Wond¥ ~ M¢Intyre Barton Mclnt/re State of Florida Coumy of Collier County BCC The foregoing Application was acknowledged befor~ me Ibis ~' W~lo is ~onally known)o me or who has prodoced As identification a~d who did (did nol) rake an oath. re e'f Nolary Public) NOTARY PuI~r.lc PUD/DO Application 3/2002-McIntyre NOV 1 8 2003 p mz- oo3. L% PROJECT #: DR~ h5'o025 DATE: 1/23/03 ~D ~ISC~ AFFIDAVIT w~, ~:E_ ..T'o ~' · ? k ff/o q,d,t[ ~ ~, · ~- being first duly sworn, depose and say that we a{e the contracted purd%ser for a portion of thc 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 ~d~ _u~u_~ e to the best ofqur knowl .e~l_ge and belief. We undersumd flai.~ application must be C~-~pleted and ~curate b~re ~'~'~'~n-be hd~;ertised. We further permit Davidson Engineering, Inc. and Hoover Planning & Dev., Inc. to act as our representatives in any matters regarding this Petition. fi~ture ot~ Contracted Purchaser Signature of Contracted Purchaser State of Florida County of Collier County BCC The foregoing Application was acknowledged before me this ,~ ~ ~ Who is personally k~.0wn to me o__..__r who has produced As identification and who did (~take an oath.//~ . (~qg~h~r~ of~otarY?hb~) ' NOTARY PUBLIC PUD/DO Application 3/2002 - Arno AGEI~A IT~=M NOV 1 8 2003 Pg._~,,,~ PUDZ-2003-AR-3607 PROJECT #2001070025 DATE: 1/23/03 FRED REISCHL pUDT_,.2003-AR-360"/ PROJECT//20010'70025 DATE: 1123/03 FRED REISCHL PETITION NAME: Nicaea Academy PUD APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SERVICES DATE: January 3, 2003 A. Name of Applicant (s) Barton and Wendy McIntyre Applicant's Mailing Address 2200 Santa Barbara Boulevard City Naples, Stat~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, StateFlorida Applicant's Telephone Number Bus.: (239)641 1610 ls the applicant the owner of the subject property? [] Yes [] (a) [] (b) Fax#: Zip 34116 Zip34145 Fax#: I--I No if applicant is a land trust, so indicate and name beneficiaries below. 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 ali 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 t5-1 City Naples State Florida Zip. 34105 Agent's E-Mail Address: bili~hooverplarming.com Telephone Numbers: Res.: Bus. 239-403-8899 Fax#: 239-403-9009 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 mom than one zoning district, include separate legal description for prol~rly involved in each distr~cL If properly is odd-shaped, submit five (5) COpies of the surVey (1" to 400' scale). THE APPLICANT IS 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 119+/- acres, and is fully described as the South 1/2 of the South 1/2 of the South I/2 less the we~ 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 Crystal 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 ?. TYPE OF AMENDMENT: PUD Document Language Amendment PUD Master Plan Amendment [] C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: [] Yes [] 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: 10. 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). AC, r~OA 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 answer~ to the questions in this application, and all sketcht~, data, and other supplementary matter attached to and made a part of this application, am hon~t 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 __ . 200 3 .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 AGENDA ITEM NG¥ 1 8 2003. Isabel G. Dole 1103 Oak Point Drive Middleborough, MA 02346 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) 2003. June 30, 2003 Fred Re.hi Principal Planner Collier County Government Community DeVel°pment and EnvirOnmental Services Division Planning Services Department 28oo North Horseshoe Drive Naples, Florida 34104 My family and I own and have a residence at 3500 Tree Farm Road. My son has a landscaping business and future home site adjo~ ?ur.property; between us we own 2o acres just to the south of the Nicaea Acaoemy development on 951, Collier Blvd. Our north boundary touches this development along it's southern border. Naturnllv we have some concerns with the decision to develop .t~ds ...... e acr~a°e because it will obviously nesatively unpact not only us, out l~l-t~x v ~, , · . our whole rural neighborhood. Following are the areas of prxmary concern. p-ntection from wa*':~r run off where land is bnilt up higher ~ our 'rope' 'r~-and our neighl'~or's property causing damage from flood, ng to agricultural areas, homes, livestock and outb.ildlngs. 2. Protection from all possible 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 materials during the extensive, long term building project. 4- Protection from the devaluation of our property due to an eyesore situation where a maintenance b!~ildlng, garbage receptacles, !~udscape 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 construct an unscaleable barrier, such as a xo' concrete wnll, along the entire common border. Tb_~rtk you for allowing us to submit these comments for you to consider during the public hearing on PUDZ-2oo3-AR-36oT, Nicaea Academy, since we cannot be present to voice our concerns in person. Sincerely, Chuck and Barbara Posch NOV 1 8 200i. Ordinance 2000-52 is being repealed in its entirety. NOV 1 8 2003 OKDINANCE NO. 2000-5 2 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY ~ DEVELOPMHNT CODE WHICH INCLUDES THE COMPRE~ ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COI_LII~R COUNTY, FLORIDA BY AMENDING THE OI=T'ICLAL ZONING ATLAS MAP NUMBER 8626S; BY CHANGING THE ZONING CLASSIFICATION OF ~ HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL ^GRICULTURE AIqD "A-ST" TO "PUD" PLAHNEI) UNIT DHVELOP~ KNOWN A.q NICAEA ACADEIVIY LOCATED AT COLLIER. BOULEVARD (C.R. 951) ON ~ NORTHEAST CORNER. OF TREE FARM ROAD AND COLLIER BOULEVARD (C.R. 951) IN SECrrlON 26, TOWNSHIP 48 SOLrrH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ilg~_ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Kanm Bishop of PMS, Inc. of Naples, r~pr~nting Barton ~ W~ Mc~, pcfition~ ~c Bo~ of Co~ ~i~ion~ to c~ge ~e ~g cl~ifi~fi~ of ~e h~ d~gb~ ~ pmp~. ~:.~ NOW, ~E~FO~ BE IT O~~ by ~e Bo~ of Co~ ~mml~on~ o~ Colli~ Count, ~odd~ tha: r::-'-. ~e ~ning cl~sification of ~* here~ d~fib~ ~i pmp~ l~t~ Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rmal Agriculture and "A-ST' to "PUD" Planned Unit Development in ~:,eordance with th~ Nic~m~ PUD Document. attached hereto as Exhibit "A" and incorporated by reference her~in. The Official Zoning Atlas Map numbered 8626S, as described in Ordinance Numbe~ 9i-102, the Collier CoUnty Land Development Code, is hereby ~snended accordingly. PUDZ-2003-AR-3607 PROJECT #2001070025 DATE: 1/23/03 FRED RE/SCI-IL -1- This Ordlnnnce sludi become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by ~e Board of County Commissioners of Collier 200O. ~d Legal Sufficiency Assistant Counv~, A~tomey BOARD OF COUNTY COMI~SSIONER~ COLLIER~A -rhls ~ fih,d ~ -2- NOV 1 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 Prepar~Fo~ Bnrton & Wendy M¢Intyre 2200 Santa Barbara Boulevard Naples, FL 34116 Prepared By: PMS, Inc. of Naple~ 2335 Tamiami Trail; Suite 408 Naples, Florida 34103 941 / 435-9080 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND P,_EPEAL DOCUMENT DATE Auquzt 1. 200( 2000-52 05-16-00 EXHIBIT "A" NOV 1 8 2003. TABLE OF CONTENTS SECT]ON TABLE OF CONTENTS PAGE ii I II III IV V VI VII VIII IX X Xl STATEMENT OF COMPLIANCE ................................................ ! PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE ............................................................................ ~ ...... 2 STATEMENT OF INTENT AND PROJECT DESCRIPTION ....... 3 PROJECT DEVELOPMENT REQUIREMENTS .......................... 4. !-4.5 RESIDENTIAL PERMITTED USES 8: DIMENSIONAL STANDARDS. 5.1-5.2 COMMUNITY FACILITY PERMITTED USES .............................. 6.1-6.3 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 T/IBLES 1. EXHIBIT "A" - PUD MASTER PLAN 2. TABLE I - LAND USE SUMMARY ................................................ 4.2 3. TABLE II - SUMMARY OF DEVELOPMENT STANDARDS ..... 6.3 ii SECTION I STATEMENT OF COMPLIANCE Thc development of approximately ! 19 acres of'property in Collier County, as a Planned Un. Development Io be knoWn as Nicaea Academy will be in compliance with the goala, objectives and policies of Collier County as set forth in the Comprehensiv~ Plan. The proposed D~.vclopment will be consistent with thc growth policies, land development regulations, and applicable comprehensive planning objectives for each of thc element~ of the Growth Management Plan for the following reasons: 1.1 1.2 1.3 The subject property is located within the Urban Residential Land Uso designation aa identified in the Collier County Land Use Map. Objective I 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 Growih Management Plan. Policy 5.2 requires proposed developments to be reviewed for compliance with the comprehensive plan. All these plan objectives and policiez requir~ the proposed rezoning to be located in the appropriate land use category and ass~se~ for comprehensive plan consistency. 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 club~ The Urban Residential designation includes both residential and nonresidential land uses and woul~ appropriately include the community facilities type of development. The total acreage of the Nicaea Academy PUD is 1 I9+/- 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 ,L0 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 community facilities are permitted uses in the Urban Residential area they are determined to be consistent with the Collier County Growth Management Plan. 1.4 1.5 1.6 The Project shall be in compliance with all applicable county regulations, including the Growth Management Plan. The Project will be served by a full range of services and utilities provided by the County. The Project will be compatible and complimentary with adjacent land uses through the internal arrangement of tracts, the placement of land use buffer~, and the proposed development standards contained herein. 1.1 1.7 1.8 The Planned Unit Development includes open spaces, nahual features and a lake, which will serve Io enhance '~/__mpm_v~_itscompatibility to surrounding properties and land uses. All final local development orders for this Project are subject to the Collier County Concurrency Management System, as implc-mented by the Adequate Public Facilities Ordinance,. 1.2 NOV 1 8 2003- 2.1 2.2 2.3 2.4 2.5 PURPOSE, LEGAL DESCRIPTION, PROPERTY O~VNERSHIP AND SHORT TITLE Thc purpose of this Section is to sci forth thc location and ownership of the property, and to describe the existing conditions of thc property proposed Io be developed under the project name of Nicaea Academy. !_.PGA L DESCRIPTION The subject property being: A tract or parcel of land situated in the State of Florida, County of Collie, 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 ½ less the west 100' Thereofi and the south ½ ofthe north ½ of the south sA 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 OVffNE. RSHIP The subject property is under unified control through, cootracts for purchase. The purchasers are Barton and Wendy McIntyre 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 b~'known and cited as "Nicaea Xcaiie-my Planned Unit Development Ordinance". 2.1 NOV 1 8 2003. ~r.,l,., I It.~PI !!1 STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 3.2 3.3 3.4 rNTROD.U~HON It is the Developer's intent to establish a Planned Unit Development meeting the requi~ments of the Collier County Lar~_d Development Code (LDC). PROJECT DESCRIPTION The prq. iect 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 The location of thc land uses is shown on thc PUD Conceptual M~stcr Plan. Changes mad variations in building location shall be permitted via Site Development Plan (SDP) :~pproval in accordance with Division 3.3 of the Land Development Code. Changes and variations in building tracts may be permitted during Site Development Plan approval if at the discretion of Ihe Development Services Manager, or his designee, so long as such changes and variations are in conformance with the substantive and procedural requirements of the Collier County Land Development Code. LAND USE PLAN AaXfD PROFECT PHASIN .O. The phasing schedule and development intensities are approximate and are based on the 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 NOV 1 8 2003. .,.5? SECTION IV PROJECT DEVELOPMENT REQUIREMENTS 4.1 4.2 4.3 The purpose of this Section is to-delineate md generally describe-the projeefs 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 construetlon 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. B. 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 ofbuildingpermit application. 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 pLrD site may be developed. Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of other sections of the I_amd 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 CLEARING AND DRAINAGE 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 4.4 DESCRIPTION OF PROJECT p, LAN AND PROPOSED LAND USF-~, The project Master Plan, including the use of land for the acreage noted, is illustrated graphically by Exhibit "A", PUD Mastm' Plan. NICAEA ACADEMY LAND USE SUMMARY TABLE I_~. MAXIMUM LAN'D USI~ INTENSITY SUMMARY USE Maximum SizefOni~ ACRES Community Facilit~ "Parcel 1" Adult Living Facility (FAR 0.45) 5.3+/- School 600 Students 39.2+/- Preserve N/A 72.0+/= Residential "Parcel II" Residential 10 3.0+/- Open Space (~ 60% of site including Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas) Co 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, with the approximate acreage of the total Project indicated. The arrangement of these land areas is shown on the Master Plan (Exhibit "A"). The Master Development Plan is an illustrative preliminary development plan. Design criteria and layout that is illustrated on the Master Development Plan and other exh~its supporting this Project .shall be understood to be flexible so that final design may satisfy development objectives 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 NOV 1 8 2003. 4.5 RELATED PROJECT PLAN ApPROVAL REOUIREMENTS Be Prior to the r~cording of a Record Plat for all or par of Ihe PUD, final plans of all required imp'rovcrnents shall receive approval of the appropriate Collier County governmental agency to insure compliance with thc PUD Master Plan, and as applicable, the Collier County Subdivision Code and the platting laws of the State of Florida. Exhibit "A", PUD Master Plan, constitutes the requir~ PUD Development Plnn. Subsequent to or concurrent with PUD approval, a Prel/m/nary Subdiv/sion Plat, 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 Florida.. Ce The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development o fail platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. De Appropriate instruments will be provided at the time of infrastructure 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 appropriale 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 4.6 4.7 4.8 4.9 4.10 pROVISION FOR OFF-SITE .,REMOVAL OF EARTHEN MATERIAL Thc excavation of earthen mate{iai' and'-its SWckpiling-in prq~arafion of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply w/th the definition 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) pete(mt of the total volume excavated up to a maximum of 20,000 cubic yards. DEVELOPMENT SCHEDULI~ The Applicant estimates completion of improvements to the property should occur by January 2010. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the Developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest of all of the subsequent purchasers of property within said Development in which the common interest is located, that Developer shall provide app.ropriate legal instruments for the estab!!_shrnent 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 ope. ; subject further to the provisions of the Collier County Land Development Code, Sec(ion 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 as 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 NOV 18 2003. 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 D~vclopex, their successors or assigns .................. EASEMENTS FOR UTILITIES All necessary easernenls, dedications, or other instruments shall bo granted to insure the continued operation and maintenance o fall service utilities in complianc~ with applicable regalafions in effect at the time 0fdevelopment approw_ls: - HISTORICAIJARCHAEOLOGI~AL IMPACT Pursuant to Section 2.2.25.8.1 of thc Land Dm'elopment Code., if, during the cours~ of site clearing, excavation or other constmclion 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 Enforc~nnent Depart~nenlt contacted. 4.5 AGENDA ITEM ,~ 18 2003. 5.1 5.2 5.3 SECTION V RESIDENTIAL PERMITFED USF~ AND DIMENSIONAL STANDARDS !~URPOS~ 'l'be purliose of this Section is to identify permitted uses and development standards for Residential Tracts with the Nicaea Academy PUD and designated on Exhibit "A", PUD Master Plan. ~ENERAL 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 Article.3, 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. _PERMrITED USES AND STRU~S 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 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. B. Accessory Uses Landscape features including but not limited to landscape buffem, berrns, 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 usc which is comparable in nature with thc foregoing uses and which the Development Services Director determines to be compatible. 5.1 AGi~OA ~ NOV 18 2003. Pg., 5.4 5.5 C. Parking Requirements Development of parking areas shall comply with Division 2.3., Off-Street Parking and Loading, of the Land Developm~mt Code in effect at the time of building permit application. Do Accessory Stmct'm'es Accessory struCtures shall be ~hstruCted-'~Tr~ultanc(jU~sl~ ~ith or following thc cons~uction of thc principal structure(s) except for temporary construction site offices. E. LiRhtinz Lighting shall bc 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 Thc required setback to external property lines shall bc thirty (30') feet if fenced. Thc 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') £cct. 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 2003 ..... [-- SECTION VI CDMMUNITY FACILITIES PERMITTED USES AND DIMENSIONAL STANDARDS 6.1 The District is intended to implement thc Future Land Use Element of the Growth Management Plan by permitting nonresidential land uses as generally identified in thc Urban Designation of the Future Land Use Element. These uses can be characterized as public facilities, institutional uses, open space uses, recreational uses, v,ater-related or dependent uses, and other such uses generally serving the community a~ large. The dimensional standards arc intended Io insure compatibility with existing or future nearby residential development. This zoning district is limited to properties within thc Urban Mixed Use I,and Use Designation as identified on the Future Land Use Map. 6.2 PERMitTED USES AND STRU~ 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. 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 uses. 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 AC, ENOA ITF.~ NOV 18 2003. Ce Acc~so~ U~ Uses accessory to permitted uses. Acc~sory usaa and structure~. that are accessory and incidental to thc uses permitted as of right in thc CF District as it exists in the Collier County Land Dcvc!opmcnt Codc es of thc date of approval of this PUD. parking Rcquircmcnta Development of parking areas shall comply wi~h Division 2.3., Off-Street Parking and Loading, of the Land Development Code in effect at thc time of building permit application. A~esso~ Stmctur~ Accessory structures shall be constructed simultaneously with or following the construction of the principal structure(s) ex.pt for temporary construction site offices. Li~,htin~z Lighting shall bc 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 o ae light source. 6.2 NOV 1 8 2003 DEVELOPMENT ~TANDARD$ FOR MIXED USE - - ..... ~ ...... '~R]ES~DENTIAI.~ z_ ..... :. ............ COMMUNITy FACILITy single Family Single Family Adult School/Da)care Fire Attached Detached laving Facility [] :C~teZor,/ I 2 3 4 Minimum Lot Area 7.000 SF 7,000 SF ' 87', 120 SF 43,560 SF I 0,0~ Minimum Lot Width 70 70 200 100 Front Yard 20 20 20 20 2 Front Yard for Side ! 0 I 0 i 0 ! 0 ! Entry Garage Side Yard 7.J 1.J ! 5 20 Rear Yard PrinttPnl 20 20 20 20 Rear Yard Accessory lO lO lO lO Maximum BuiJdln~ 35 '"35 35 35 3 Height DisLtnte Gttweetl N/A N/A 15 20 2 Principal Structures FloOr Area Min. '1,200 SF 1,200 SF 5,000 .ctF~ 2,0OO SF- 10~ NOTI~ii J~H: BuJldlnf HeJtbt: Bulldl6~-h~tjht'shalf be the v~bl dlsbnce measur~ f~m Ibe fl~ h~Me fln~ fl~r d~nllon to ~e uppe~ost flnlsh~ ~llnE ~ntJou or the m~u~ SB~: Sum of Bulldins fldght: Combin~ bdfbt of~ adJ.~ni buHdln~ for the pu~ off--loins MbKk ~lrem~ All dlstanm are in ~ unlm olb~ ~ Walls and dmtler structures shall have a setback of five ($) ft~ ak)nB the I)evelopment's beundarJes Ileal puMlc rljht-tr-way and · setback of two (2) feet alang Iht olber pHtmeter Irlcl b~undary where not nbutflnI Internal development tracts nnd n maximum bttLtd of 12 feet es measured from the Jowest eeaterllne srnde of the nearest public or prtvate risbttf-wa7 or easement. * The Adult Urine F'eclllty (ALF'} shall not exceed a Floor Area Ratio (FAR) are.tS as provided hr lu Section 2.6~6.2.1 of'the Collier County Land Development Code. 6.3 NOV 18 2003. SECTION Vli PRESERVE DISTRICT 7.1 PURPOSE The purpose ofthis Section is to identify permitted uses and development standards for areas within Nicaea Academy designated on Exhibit "A", PUD Mastex Plan as Pre. serve. 7.3 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 D/strict 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. PERMTTTED USES AND $ ,TRUCTURF~ 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 recreationa1 areas, boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces. C. Water management structures.. D. Mitigation areas. Any other conservation and related open space activity or usc which is comparable in nature with thc foregoing uses and which thc Development Services Director determines to be compatible in the Preserve District. 7.1 NOV 1 B 2003 SECTION Vlll ENVIRONMENTAL STANDARDS 8.1 Thc purpose of this Section is to set forth thc environmental commitments of tim Developer. Environmental permitting shall bo in accordance with the State of Florida Environmental Resource Permit Rules and be subject to rt~view 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 guideline~ and recommendations of the Florida Fish and Wildli_fe Conservation Commission (FFWCC) regarding impacts to protected wildlife species. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan fol' 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 schedule for removal of exotic vegetation within conservation/preservation areas. 8.1 NOV 1 8 2003. SECTION IX THANSPORT~T~0N REQUIREMENTS 9.1 9.2 9.3 9.4 9.5 9.6 9.7 P~SE The purpose of this Section is to set forth thc transportation commitments of the' ~ Developer. The Developer shall provide arterial street lighting at the project entrance. Said lighting shall bc in place pribr to the isauancc of any Certificate of Occupancy. Internal access improvements shall not be subject to impact fee credits and shall be in plac, z befog any Ccrlificatcs of Occupancy arc issued. Ali 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 conlrol 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 (a private mad) is used for access to the site, this road and bridge crossing shall be improved 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 scaxch ownership results. Work within the Collier County fight-of-way shall meet the requirements of Col'lief - County Right-of-Way Ordinance No. 93-64. 9.1 NOV 1 2OO3 SECTION X UTILITIES AND ENGINEERING REQUIREMENTS 10.1 10.2 10.3 PURPOSE The pU_rpOs¢,pflbis Section is to set forth the utiJities and cngio.~a:it~g commitments of. thc Project Developer. PURPOSI$ 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. Be All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. 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 DeparlmenL Design and conslxuction 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 the requirements of all County ordinances or codes in effect prior to or concunx~t with any subsequent development order relating to this site Do Prior to Final Site Development Plan approval a right-of-way permit shall be obtained, if required. 10.1 AGENDA ITEM .~ SECTION XI. WATER MANAGEME~ REQUIREMENTS 11.1 A. Thc propose of this $cction is to set forth thc stipulations for water management, which shaii~ a-ccommodatcd by the P~jeCt Dgvclopcr. - Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall bc issued unless and until approval of thc proposed construction in accordance with thc submitted plans is granted by the Development Services DepmtmenL Design and construction ofall improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. A surface water management p~,,,iit must be obtained fi'om the South Florida Water Management District. No clearing or excavation is allowed until proper vegetation removal and excavation permits are obtained. 11.1 NO t 18 2003. ~-STATE OFFLORIDA) ..... 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!prtda, this 2nd day of August, 2000. DWIGHT E. BROCK Clerk of Courts and Cl~rk"-. ".. '-. Ex-officio to B~a~"of "". ~" County commissioh'~s .- By: Karen Schoch, , -." · Deputy Cler~ '." ....... " " .! NOV 1 8 21303 PUDZ'2003-AR.3607 PROJECT//2001070025 DATE: 1/23/03 FRED REISCHL NICAEA ACADEMY SEC 26, TWP 485, RNG 26E COLLIER COUNTY, FLORIDA ENVIRONMENTAL IMPACT STATEMENT November 1999 PREPARED BY: pUDO0-03 TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 NOV 1 8 2003 3.8.5.1 3.8.5.2 NICAEA ACADEMY Environmental Impact Statement November 1999 Applicant Information: 1. -Responsible agent who wrote EIS environmental experience. and his education and job related Timothy C. Hall Wildlife Ecology, University of Florida M2g, University of J~7orida 10 years errvironmental field experience 2. Owner's name and address. Barton and Wendy Mclntyre 2200 Santa Barbara Blvd. Naples, FL 34116 3. Affidavit ofproofof authorized agent. Please reference submittal from Project Management Services. Development and .~e Alteration~l~formation: 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 l19 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. ACiENDA I'I'EM/'9 NOV 1 8 2003. 3.8.5.3 NICAEA ACADEMY Environmental Impact Statement November 1999 Mapping, and Sup.port Graphics: 1. General Location Map. See attached location map. 2. Aerial photo of site with boundaries delineated_ Please see the enclosed county aerial. 3. Topographic mai) showim, upland contours. Please see the enclosed copy of the USGS Quad map with the property limits delineated. 4. ExistinR land use of site and surroundinR area. Currently the subject parcel is undeveloped. The project is bordered to the south by Tree Farm Rd. with several nursery operations, to the we. st by Co~y Road 951, the north by Crystal Lakes d.:'velopment 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, Florida, 1998. 6. Drainage plan- A drainageplan has notyet been completedas theproject is still in the conceptual phase. AH 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 Vane. sse and Daylor conceptual site plans for the lake locations. e Development plan including phasing program, service area of exisfinR and proposed public facilities, and existing and proposed transportation network in the impact area. Please reference the conceptual site plan fkom f/anesse and Daylor. 2 NOV 1 B 200 . NICAEA ACADEMY Enviromn~nta{ Impact Statern~nt November 1999 3.8.5.4 Impact C. ate~ories: 3.8.5.4.1 Bio-Physical 1. Air Ouali~. a. ChanRes in level of air pollutants a~ 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 couM be elevated during construction frorn earthmoving activities. Smoke from open burning of debri& if this is performed, could al~o be generated on the site. Number of people that will be affected by air pollution resultinll from the project. It is not anticipated that anyone will be directly affected by air pollution generated from this project. Procedures that ~ e 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 l~re Control District; wind direction and moisture levels (dampness) are taken into consideration prior to issuance ora burning permit. Water will be sprayed onto the construction roads to minimize the amount of dust that may be stirred up by wind and construction equipment. 2. Water Quality. ChanRes in levels and WI)es of water pollution as defined by current regulations. 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, stormwater 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 drainage. All waters from impervious surfaces (i.e. roads and parking areas) will be collected and directed into the lake for water quality and storal~e Furposes. 1 NICAEA ACADEMY Environmental lmpac~ Statement Novem bet 19~9 Sheet flow. Sheet flow originatingf~om impervious surfaces or landscaped areas will be routed into the lakes for storage and water quality purposes. Sheet flow f~om the preserve area and f~om off site Will be directed around the development area into the local drainage pattern. Rear lot line/building site drainalte. 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. Interconnection 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 pro.iect. None are expected. c. Person affected by water pollution resultinl~ from the proiect. The project is not expected to generate water pollution in contradiction to state standards. d. Proiect 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 protectedjCrom direct stormvvater runoff through design of the on-site water management system. Physiof,.raphy and EeoloL'Y a. A description ofsoil type~ found in the project area. Please reference the enclosed soils map and descriptions. AGEN~ITE. M /~ NO._ 0 I~ NOV 1 8 2003 NICAEA ACADEMY Environmental Impact Statement November 1999 Areal extent of proposed topographic modification through excavatio~ dredRing and filline. - 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. Thi~ far exceed~ the requirements put forth by the Collier County Land Development Code. Removal and/or disturbance of natural barriers to storm waves and de f. go floodinl~. Not applicable. Modifications to natural drainaRe 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 storrnwater and site drainage plan will be designed to maintain a stable hydrologic regime for the 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 resultinR from use. /f feasible, 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 uS~. No siltation of natural water bodies or wetlands is anticipated. Stormwater will flow 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. Wetlands will be protected duri ~g construction by silt NOV 1 8 2003. NICAEA ACADEMY Environmental Impact Statement Novembe~ 1999 fence or hay bale barriers and after construction by a structural buffer. 4. Wetlands. ae Number of acres of Collier County jurisdictional wetlands by vegetation WOe, vegetation comoosition, veeetation abundane~ and their wetland functiona. Jurisdictional on-site wetlands consist of 75.57 acres of mixed melaleuca/pine/cypress forests, 11.75 acres of mixed wetland harclwood~, and 6. 72 acres offkeshwater 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 Melaleuca Dahoon Holly Wax Myrtle Brazilian Pepper Wire Grass Saw Grass Swamp Fern Yellow-eyed Grass Hatpins Pinus elliottii Taxodium distichum Melaleuca quinquinervia Ilex cassine M)mica 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 Occasional Common Occasional Common Occasional Occasional Occasional Occasional Melaleuca / Pine / Cypress (424, 424/624.624) (cont) Bromeliads* Orchids* 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 Quercus laurifolia Fraxinus caroliniana Persea palv. stris Melaleuca quinquinervia Ilex cassine ~tyrica cerifera 6 C C C C C C C M Dominant Occasional Occasional Occasional Occasional Occasional Occasional NOV 1 8 2003. Carolina Willow Brazilian Pepper Saw Grass Royal fern Swamp Fern Yellow-eyed Grass Hatpins Bromeliads* Freshwater Marsh 1'64 Cypress Melaleuca Wax Myrtle Carolina Willow Brazilian Pepper Salt Bush Saw Grass Swamp Fern Yellow-eyed Grass * - Some species protected C = Canopy Salix caroliniana Schinus terebinthi, folius Cladiurn jamaicensis Osmundia regalis Blechnum serrulatum Xyris spp. Eriocaulon spp. Tillandsia spp. NICAEA ACADEMY Environmental Impact Statement November 1999 M M G G G O G E Occasional Occasional Common Rar~ Occasional Occasional Occasional Occasional Taxodium distichum Melaleuca quinquinervia Myrica cerifera Salix caroliniana Schinus terebinthifolium triplex spp. Cladium jamaicensis Blechnum serrulatum Xyris spp. C C M M M M G G G Rar~ 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 suryeyed for reference to NGVD. Indicate how the project design improves/affects pre-development hydroperiods resuitin~ from the proiect. 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 storrnwater pass into wetland areas and into the existing local drainage pattern. AGENDA I1T~ NOV 1 8 2003 P~. ~ de Uplnnd NICAEA ACADEMY Environmental Impact Statement November 1999 Indicate the proposed percent of the defined wetlands to be impacted and the effects of proposed impacts ou the functions-of the wetland b reas. 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 thro~tgh 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 obsePved seasonal high water indicators within the wetland, lVetland hydrology and wiMlife values shouM be improved by these efforts. Indicate how the project desiRn 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. The remaining wetlands are contiguous and will be protected fkom the development 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 Soulh Florida Fr'ater Management District. Indicate how the proiect design shah compensate for the wetland impacts 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 dgfined by the Florida 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 be affected. The preserved on-site wetlands will be placed under a conservation easement with the South Florida Water Management District. ,4 mitigation and monitoring plan for the preserved wetlands will be developed in coordination with District staff during the Environmental Resource Permit application process. utilization ofwildllfe and species of special status. Number of acres of uplands by vegetative type, veRetative comnosifiou, vegetation abundance~ and their upland functions. The upland vegetative communities include 20.81 acres of pine flarwoo~ts (41 I). and 4.62 acres of polmetto prairie (321). The following list is a brief summary of the major flora within each upland pla rt com~ 8 NOV 1 B 2003. NICAEA ACADEMY Environmental Impact Statement November 1999 ~:.~ ~C~nunon.~N~me .... -Scienti. fic Na me .... Stratum Abundance 411 - Pine Fiatwoods Slash pine Melaleuca Wax Myrtle Brazilian Pepper. Saw Palmetto Winged Sumac Rusty Lyonia Wire Grass Bracken Fern Caesar Weed Rabbit Tobacco Muscadine Grape Greenbriar ' Pinus ellionii Melaleuca quinquinervia Myrica cerifera $chinus terebinthifolius 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 Common Occasional Dominant Common Common Common Common Common Common Common Common 321 - Palmetto Prairie Slash pine Saw Palmetto Rusty Lyonia Gallberry Muscadine Grape Greenbriar Pinus eHiottii Serenoa repens Lyonia ferruginea Ilex glabra Vitis rotundifolia Smilax spp. C M M M V V Occasional Dominant Common Common Common Common No listed plant species were observed. C = Canopy M = Midstory G = Groundcover V = Vine bo 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 of a 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. NOV 1 8 2003 NICAEA ACADEMY Environmental Impact Statement November 1999 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 tbe proposed preserve. Provide a plant and animal specie~ survey to include at a minimum~ species of special status that are known to inhabit biological communities similar to those existin~ on site and conducted in accordance with the guidelines of the Florida Game and Fresh Water Fish Commission. .4 threatened and endangered species survey was conducted according to Florida Game and Freshwater Fish Commission guidelines. The survey was conducted over a 20 day period fi'om September 14a 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 Scientific Name Habitat Status Gopher Tortoise Gopher Frog Indigo Snake White Ibis Wood Stork Red-cockaded Woodpecker Florida Panther Fox Squirrel Florida Bla~k Bear Gopherus polyphemus Rana capito Drymarchon corais couperi Eudocimus albus Mycteria americana Picoides borealis Fells concolor coryi Sciurus niger Ursus americanus floridanus 411 + 321 SSC 411 + 321 SSC 411 +321 T 621 SSC 621 E 411 T 411,621,321 T 411 SSC 411,621,321 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. Indicate how the project design minimizes impacts on species ofspecial status. Foraging activity will still be possible because of the preserved and enhanced upland 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. I0 NOV 1 8 2003 3.8.5.4.2 NICAEA ACADEMY Environmental Impac~ Statement November ! 999 Marine and estunrine resources. Not 'applicabl~ . 7. Noise. Describe changes in decibels and duration of noise generated durln~ and after the project (both day and night) that will exceed Collier County regulations; Noise generated by the construction equipment is not expected to exceed Collier County limits. bo .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 regulation.,. Noise from construction will be typical of that generated by clearing and excavation activities, and will be limited to normal working hours. c. proiect compliance with Federal Aid Highway Program Manual 7-3-3. Not applicable. Public Facilities and Services 1. Wastewater Management Describe existing treatment facilities as to capacity, percent cal~acity being used~ type of treatment and degree of treatment. }ffastewater generated by the project wilt be directed to the North County Regional 14~astewater 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. If applicable~ describe similar features of proposed new treatment fa cilitie~. ~Vot applicable. 11 NOV 1 8 2003 NICAEA ACADEMY Environmental Impact Statement November 1999 Describe the character and fate of both liquid and solid effluents. E2fluent will be collected via underground pipes and tied into the existing facilities that run along C.R. 951. The effluent will be handled by the North County Regional Wastewater Plant. Water Supply. ae Estimate of average daily potable and non-potable water demands by the proiect- ,4 detailed site plan has not yet been developed so the exact size and nature of the facilities ha~ not been determined. As such, an accurate estimate of water use 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 will 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 the count)' water system that runs along C.R. 951. Analysis of on-site treatment systems relative to State and County standards. No on-site treatment systems are ant~'cipated however, if needed, any on-site treatment will adhere to all applicable State and County Standards. ~olid Wastes. a. Estimate of average daily volume of solid wastes. ,4ccording 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 cans and glass will be available to residents. 12 NOV 18 2003. e NICAEA ACADEMY Environmental Impact Slatement November 1999 Recreation and open spaces. a.- Acreage and facilities demand resultim~ from the new use. eo The.facility is not intended to draw new rezident~ to the area but instead to provide a school and asM3ted living facility to existing re. sident$. ~ ~uch, it is not expected to place any new demand~ on County recreational facilities. The access roads to the project (C.R. 951 andS. R. 856} are both slated for improvements that will adequately handle the tra2jqc 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 ~ithin the project., The lakes developed within the project will be constructed in accordance with County and South Florida 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 ~7orida 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 use. Amount of public recreation lands removed from inventory by the new None. Development and/or blockage of access to public beache~ and waters. None. 13 NOV 1 8 2003- NICAEA ACADEMY Environmental Impact Statement November 1999 Aesthetic and Cultural Factor~ Provide documentation from the Florida-Master Site File. Florida Depart~ent of State and any printed historic archaeological surveys that have been conducted on the project area. The Fiorida Master Site File has been contacted. No archaeological sites are located on the project site. please see the attached response. Locate any known historic or archaeological sites and the relationship to the t~rooosed t~roiect design. 3/0 historic or archaeological sites are located on the project site. Demonstrate how the pro]ect design preserves the historic/archaeological integri ,ty of the site. Not applicable. Indicate any natural scenic features that might be modified by the project design and explain what actions shall be atili~ed to preserve aesthetic values. Designated preserves will be cleared of any nuisance or exotic vegetation, improving aesthetic value of natural areas..dt a Iater 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. Monitoring. Describe the design and procedures of a ny proposed monitoring during and after site preparation and development. The South l:7orida ~'ater Management District may require a wetland monitoring and maintenance plan for the proposed wetland enhancement activities. The District. during the EI~ application process, will assist in the formulation of this plan. 14 NOV 1 2003. NICAEA ACADEMY Environmental Impact Statement Novcmbcn' ! 999 Section 3.8.6 SPECIFICS TO ADDRESS 3.8.6.1 General: The statement should specifically address the followinR: 3.8.6.1.1& 3.8.6.1~ Indicate how the proposed proiect has incorporated the uatnral~ aesthetic and cultural resom-c~s and other environmental considerations in tl~ pl,~nnln~_ and d~siga 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 the minimum impacts possible to the environmental quality of the site and/or the surroundinn area~ which might be affected by the proposed use~. The subject site was surveyed for the extent of on site wetlands. ~hile approximate~F 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, impact~ the wetlands where needed to provide support or ancillary actim'ties 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 transient passage of most wildlife species any more than the existing roadways east and south of the project already do. This site was chosen for development in an attempt to minimize impacts in all environmental categories. 3.8.6.1.3 Provide sut~ ~ ntiated alternatives to the proposed.project so that reasons for the choice of a course ofaction are clcar~ 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. Long-term impacts will include; loss of natural wetland and up/and 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~, 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 ora native community by removal of exotic vegetation and increaxed, 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 iN~GF-t~A~'J~[~OYP~._~ ~)" ] 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 inx~olved if the proposed action should be implemented. The existing vegetation will be cleared in the permitted areas to accommodate the permitted uses and ~tructures. The development plan will provide for the enhancement of on-site wetlands and the perpetual preservation of this wetland in a viable, exotic-f~ee state. 16 NOV 1 8 2003. p..'"'7 / N PROJECT STATE OF FLORIDA NAPLE$~~ ~, ISLE OF CAPR~ COLLIER / ! COUNTY TAMPA KEY WE'ST . PROgECT SITE LOCATION MAP NOV 1 8 2003 N I CA EA CENEF. AL ACADEMY LOCATION MAP I r ! J I 0 C NOVel ~ 20~. NOV 1 8 2003. (2) Holopaw Fine Sand, Limestone Substratum- This nearly level, poorly drained soil is in sloughs and broad poorly defined clrainageways. 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 5 inches thick. The substratum layer is fine sand to a depth of about 52 inches; the upper part is light ..oray and the lower partis light brownish gray. The subsoil extends to a depth about 62 inches; the upper part is dark grayish brown fine sa~."d: and the lower part is dark grayish brown fine sandy loam. Limestone bedrock is at a depth of about 62 inches. In 95 percent of the areas mapped as this soil, Holopaw and similar soils make up 78 to 97 percent of the map unit. The characteristics of Malabar, Pineda and'Riviera soils wi6h limestone ~ubstratums are similar. Soils of dissimilar characteristics included in this unit are"'; .... 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 of this soil is moderately slow. The available w..,ter capacity is low. 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 soll 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. Beddin~ 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 ~:when the trees are younger. ' 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 pangolagrase, bahiagrass___and clover. Excell~nt pastures of grass or ~rass- cloy.er .m.ixtures. c. an..~, grown wi. th good management. Regular applications ox xertllizers and controlled ~razinq are needed hmghest yields. ' This soil is well suited for desirable ran e' lan ' ':'" '" u'ne..c?mlna?=, morass consists of blue maidencane,' chalkY"- blue~=~'~'.~.~. ana n±uejoint panlcum. Management practices should include' '~ de erred gra ing. This olopaw soi is in the Slough . .'.. ~ ~..-~....~ T.his, ,so.il has severe 'limitations for most urban uses the nxgn_water.table. To overcome, this limitation, buildi~~~ Sites and 'septic-tank absorption-fields shoUld'b~' soil also-~as severe limit ........ '"':'"'-:""~'~:'?£"~.-'--"~~'"' . . atxons for recreational devel0pment.~.~ wetness can x>e corrected bv Drovidin= adenu~ate drainage_ outlets -to controi.. %he high.~wate~-table.- · 'Th~- texture limitation can be overcome by adding suitable' by resurfacmng the area. . This Holopaw soil is in capability subclass IVw. NOV 1 8 2003. r (10) Oldsmar Fine Sand, Limestone Substrat~- This nearly level 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. Typically, the surf. ace layer-is 'dark 9r~ish~'~0~ 'f~,'~--'~---" ,abo.u.t 4~ln,ches thi.ck.. The subsurface laver io ~ ..... ~ ~and . ..~ .. ~oewPe~rn °~r~Ut_.35,'.ln.ches;.t.he upper part'is part is very dark -ra,,ish"~-~-- =:-- _ ne .sa~. u, the dark grayish brown fine sandy ln~m ..... he. lo.we.r par~ depth of about 60 inches. K is at a '~~ sIoni]gs5 Pm~eCeun_t ~5f ~ore.a.s_mapped as thls soil, O.ldsmar and m ~uu percent of the map unit. The .-L~.~2;<~.-~~;~' ' characterls, t~cs of Immokalee and Wabasso soils are simila¥2"~"~?..~~ Soils of dissimilar chara~_t~-~:-- : ........ ' ';~' ..... o=~u~ xn¢~u~e~ in chis unit ~smal. 1 areas of. Malabar, Pineda and Riviera soils on slough ±an~scape positions. These soils make up about 0 to 15 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 table is between 6 to 1'8 inches of the surface for 1 to 6 months. 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 and soil improving measures, the soil can be made suitable for many fruit and vegetable crops. A_ w.ater control system is needed to remove excess water in wet seasons and provide wat~ .-ough 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 suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited to NOV 1 8 2003 ,;'.. · 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 s°k1 iS- moderately .suited for desirable range plan~. - .-~.. production. The dominant .forage indiangrass, pineland, threeawn, and. chalky .:blueste~. practices shoUld !'f.~'l~X~d'~f~"~ This Oidsmar soil x6't~.:}~h~' ':~6U'~"Fio~'ida~.yFl'~~s"::~."'~'.:;~l'~e.~T.~.~ · .'.,~- . ..- - '., · --~,~,~.-, ': '-... t%':'---. '~:" ' This soil has s.evere lxmttattons for most u.rban ~ses..,because.:of: wetness. If th~s ..so!l 'is, .used..as it.' should be mounded.-toi'.mainta~n the' seasonal h~.g.h .ate.r ::t-able..'-For recrea~.?:.n~l has severe l~m~tat~°nskbecause of .' , ~ ~r,~.= .,>-~..,-~,' .-- r~,~.-.~w;=~. ~' - -=~.--~,~' . drainage to remove :~xcess. surface .water,during ~wet' : ..- . . .. .., - ...-..... . .. · . · r so~ .... V ' . . ', '.~-~.".~.'":'2.:','~i~ NOV 1 8 2003. (16) Oldsmar Fine Sand- This nearly level, poorly drained soil is on the flatwoods. Areas are elongated and irregular in sha~e 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 in.ches; the upper part is light ~ray and the lower part is light brownish gray. The s.u~.soil is to a' dept~ o~~ about 80 inches; the upper part i.e. black_fine, sand, the part is yen, dark grayish brown zlne sand and the lower Dart dark grayish brown fine loam .... In 95 percent of areas mapped as this soil, 01dsmar and samilar~~ soils make up 80 to. 100 percent of the map unit. The characteristics of Immokalee soils are similar. Soils of dissimilar characteristics i " .... ncluded ~n thms unlt are small areas of Malabar and Pineda soils in slough landscape positions. These soils make up to 20 percent or less of the The permeability of this soil is slow to very ~low. The available water capacity is iow. Natural fertility is low. In .~- . most years, under natural conditions the seasonal high water table is between 6 to 18 inches of the surface for i to 6 months.:-. In other months, the water table is below 18 'i~ches 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 south Florida slash pine, cabbage palm, saw palmetto, wamcmyrtle, 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, the 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 planting provides good surface and internal drainage and elevates the trees above the seasonal high water table. A good grass cov~r crop between the trees helps to protect the soil from blowing when the trees are young. With good water control management, this soi~ is well suited to pasture. A water control system is needed to remove excess wat~ during the wet season. It is well suited to ~angolagras~ , AG~NOA~3~ bahiagrass and clover. Excellent ~astures of grass or 1 8 2003 (') clover m/xtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields.· "'- This soil is moderately suited for_ desirable-range-p~ant- p~uCt'~ofi'~ 'The do~/nant, forage is creeping bluestem, lopsided .: ... indian~rass, pineland, threeawn and chalk~ bluestem. . This soil has sever.al limitations for.mo'st' urban' U~e'~~~kT-.:i-:?~ it should be mounded to maintain the. syst.em well. abo~.e.':~.e,.']~-~~ seasonal high water, table. For recreational uses., :-th.l_.,~so~l-~.~.lso has severe limitations because of wethers, but with d~a~age to re~o~e ~cess .urS~ce water dur~ ~t.-~r[o~..:~?.~~ NOV l 8 2003, (18) Riviera Fine Sa~d, Lime.tone 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 Typically,-the surface layer is gray fine sand about 6 inch,, - thick. The subsurface layer is fxne sand to a de~th of ~---~'~ ~ ~,~ ~ .... - -'~ inches~ the upper part is light brownish gray and the lower i? l~g~ gray. The subsoil is sandy clay loa= to a depth of- ":.: amour ~ inches; the upper part is grayish brown and the lower ' ~.,~. part is dark gray. Limestone bedrock is~at a depth of about 54 inches. In 95 percent of areas mapped as this soil, Riviera and similar soils make up 80 to 96 percent of the map unit. The .. .:...~.-~%~ Characteristics of Pineda, limestone substratum are sim~ ' · . , : -'.~-.~ Soils of dissimilar characteristics included xn th~s.unxt are.. ~.-.~:, .r.:~;:~ small areas of Boca, Cop, land 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 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 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. A good grass cover crop between the trees helps to protect the ~oil from blowinq when the trees are younger. .. NQV ! 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 gro_ ~wn with=good managemer~_. Regular application_s 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 bluest'em '.iL. and bluejoint panicum, south Florida bluest,m, gulf dune .... · "~.~;.'~.~... paspalum. Management practices should include deferred grazing. .:,. This Riviera soil is in the Slough range site. · .. This soil has severe .limitations for most urban uses because of '~'~'" the high water table. To ove.rcome this limitation, builaing' Sites and septic t~nk absorption fields shoUl, d be mounded,. · , · · m ' "' "' so~l also has severe l~m~tat~ons for recreational develop ent.,.:.?~',,..-~. because of wetness and sand~ texture. Problems associated with:'"..z~-;~..'.'.'%~].: · ' ' ' e an - ' ' ~ ° ~-".:~'~ ~'~'~:" wetness can be corrected by providing adequate dralnag d '":"- drainage outlets to control the high water table. The sandy.' ........ ?-.'. texture limitations ceu be overcome by adding suitable topsoll"~r .... by resurfacing the area. : This Riviera s~il is in capability subclass lllw. NOV 1 8 2003. ! FLORIDA DEPA.RTM~ O1: ~fATE S ..rptember ~ i, -i'39~ ............. Mr. 'f'un Hall Turmll & A.~oc~ ]ne. 3594 Exchan~ Avenue, Su~ B Naples, Florida ~4104 (Fax) 941-6~3-6632 Dea~ Mr. H~I: In interpre~6 the re~lt~ ofo~ ~ please rememb~ the following Ix)bls: Area~ which have no~ beers compk~iy survey~ such ~s yours, may core. in m~~ ~rch~eolosic~l site~, unto. ' xled hL~orically important stroctmes, or both. ^~ you may know. s-tat~, _.., fe~ler~ laws ~ f~m~l ~1 r~i~ fc~ some projec~ Record ~ by ~e ~of~ H~a:M~ Si~ Fil~ do ~ ~¢'~ a ~ of ' ~1~i ~. lf~ ~ falb ~ ~ h~ ~ ~d ~ ~ ~p~'Rov~' stnc~ty, Historical Dam Analy~ Florida ~ Site File. Division of Historical Resources R. A. Gray Building 500 Sou~ Brvnou~h Street Taliaha.-,sex:, Florida 32399-0250 State SunCom: 27%2299 Fax line: 850-921-0372 Fan~il: ./~ fi l ~_,mai t d o s. s m~t.fl. Web: lstrp:/~.dos.$tate.fl.u~/dhrt~.l~ R.A Gray B~iktin~ · 500 Sou~h Brooough Stre~ o TaIIahazs~ Florida 32:399-0250 o ARCHAEOLOGICAL RESE. ARCH O ~R.1C PRF=.5'E~VATION O I4ESTOR/~ MUSEIJMS NOV 1 8 2003. .: :NICAEA ACADEMY... SEC 26, TWP 48S;~.RNG 26E COLLIER COIJNTY, FLORIDA TItREATENED'AND ENDANGEREDSPECII*~S SURLY November 1999 PREPARED BY: TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 NOV 1 8 2003 20O3 NOV 1 8 2003- ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLI.~R COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGUI~.TIONS FOR I/-IE UNINCORPORATED AREA OF COl COUNTY, FLORIDA, BY ~ING THE OFFICIAL ZONING ATLAS MAP NUMBE~ 8626S BY CHANGING THE ZONING CLASS~CA~ON OF THE I-~_~ZEIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPIVlENT KNOWN AS NICAEA ACADEMY PUD, FOR PROPERTY LOCATED EAST OF COLLER BO~ARD (C.R. 951) APPROXIMATELY ONE MILE SOUTH OF 1MMOKALEE ROAD (C.tL 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 from "PUD" to "PUD" Planned Unit Development in accordance w~th 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 described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended 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 effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this., day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COIVIMISSIO~RS COLt m~ COUNTY, FLop/DA Approved as to Form and Legal Sufficiency Ma~jorie M. Student Assistant County Attorney BY: TOM HENNTNG, CHAIRMAN 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. DAVlDSON, 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 8~ 2003 Mav 6, 2003 NOV 18 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 NOV ) 8 2003 LIST OF EXHIBITS EXHIBIT "A" EXHIBIT "B" PUD MASTER PLAN PUD CONCEPTUAL UTILITY/WATER MANAGEMENT PLAN Ill AG~A I~ NOV 1 8 2003 pg. ~" 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 Collie~ Cbunty Growth Management Plan. The residential facilities ~f '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. 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. o 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 Residential Density Band Maximum Permitted Density 4 dwelling units/acre +3 dwellinq units/acre 7 dwelling units/acre 78.3 Acres for an Urban Project Outside a Residential Density Band Base Density Maximum Permitted Density 4 dwellinq units/acre 4 dwelling units/acre NOV 1 8 2003. p~,., ~'~) 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. NOV 1 B 2003 SECTION I 1.1 1.2 1.3 1.4 1.5 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 Y2 of the South Y2 less the west 100 feet thereof; and the South Y~ of the North 1/2 of the South Y~ 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 property 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 re~-r' .~- 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 NOV 1 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/na-tu~:al 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 centedine, 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-OIdsmar 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. ~'ROJECT 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". 4 NOV 18 2003- SECTION II 2.1 2.2 PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for development of the 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 aFPly. 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. Do 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. 2003 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES 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. _. ~ _ 2.4 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' , providing perpetual maintenance of common facilities. 2.5 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. Bo Temp. orary sales traiters 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. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piking 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. 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. AGENDA ~ ~4,.qV 1 B 2{303 Bo All other provisions of Division 3.5, Excavation, of the Land Development Code shall apply. NOV 1 8 2003 SECTION III RESIDENTIAL AREAS PLAN 3.1 3.2 3.3 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: Single-family dwellings (includes zero-lot line). 5' Two-family dwellings and uuplexes. Multi-family dwellings apartments). (includes townhouses and garden 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: Customary accessory uses and structures including carports, garages, and utility buildings. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. ManageCs residences and offices, and model units. 4. Gatehouse. NOV 1 8 2003 3.4 Essential services, including interim and permanent utility and maintenance facilities. 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. Supplemental landscape planting within Natural Habitat Areas, after the appropriate environmental review. 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. 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 ,~. road easement or property line. Carports are permitted within parking areas and garages are permitted at the edge of vehicular pavements in multi-family projects. NOV 1 8 2003 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit} Minimum Lot Width SINGLE-FAMILY 7,000 Sq. Ft. 60' Interior Lots (1) 70' Corner Lots Front Yard Setback 23' Side Yard Setback I Story 2 Story 3 Story Accessory Structure Rear Yard Setback Principal Structure 20' Accessory Structure 10' PUD Boundary Setback Principal Structure 20' Accessory Structure 20' Lake Setback (4) 20' Upland Native Habitat Setback 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 Heiqht: Principal Building Accessory Building Minimum Floor Area TWO-FAMILY MULTI-FAMI LY 5,000 Sq: Ft. - NA 90' Interior Lots (1) NA (45')(2) 110' Corner Lots NA (559(2) 23' 15' 0' & 12' or both 6' 0' & 15' or both 7.5' Not Applicable 6' 0' & 12' or both 6' 7.5' 0' & 15' or both 7.5' 10' Not Applicable 12.5' 6' 6' 20' 20' 10' 10' 20' 20' 20' 20' (3) 10' 20' 25' 2' 10' 1~ 25' 25' 12' 12' 15' 15' 15' 20' 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. 1100 Sq. 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 NOV 1 8 2003 ,,._102-... B. Off-Street Parkinq and Loading Requirements: 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/Naturai'~f,~bitat Prese'nTe Area R~,q~uir~en{s~'- 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. Landscaping 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). Si.qns Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. ]! NOV 2003 I ,,. (oS d SECTION IV PRESERVE AREAS PLAN 4.1 4.2 PURPOSE . :_ ...... -,~.. - The purpose of this Section is to identiht 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. Native preserves and wildlife sanctuaries. 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. 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 NOV 18 ,,. toe. SECTION V 5.1 5.2 5.3 5.4 DEVELOPMENT COMMITMENTS 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 Ao 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. Bo 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 time of site plan submittal. The project is projected to be completed in one or two phases. NOV 1 8 201)3 5.5 5.6 Bo The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Monitoring Report: An annual monitoring report.~ sh_~!l .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. 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 p.aving, 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. NOV 1 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, ~donv~yed, 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 govemed by the following stipulations: Alt 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. Bo 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. Eo 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 issuan,ce of the first permanent certificate of occupancy (CO). E~,t,~m~l and internal improvements determined by Collier County T~ ., ration 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 NOV 1 8 2003. 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 ~nd all median" opening-locations shall be in accordance' ~vith 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: ao 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. 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 NOV 18 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. The developer(s), its successor(s) in title, or assigne_e(s)~ .shall be responsible fOr'the cost of any and all traffiC signal(s), ht any and all' development entrance(s), when determined warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and alt 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 rum 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 Number 03-37, as amended. Mo 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). No Joint/shared access(es) may be required by Collier County Transportation Staff, as a condition of site development plan approval. Oo 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. Po Prior to development of any and all portion(s) of development(s), site development plan approval obtained/received from Collier County Transportation Staff. 17 any and all shall be NOV 1 8 2003 Go To 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 pdor 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 'tan 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). The southernmost 40 feet of the parcel shall be reserved for right-of-way and sh~l; be deeded to Collier County, at no cost to Collier County, within 90 days 'of receipt of notification by the Collier County Transportation Services Department that the property is needed for the purpose of providing a right-of-way for Tree Farm Road improvements. To assure maximum safety and mobility along the CR 951 corridor and to achieve maximum access potential for individual properties, Transportation Services Staff recommends that the developer of this property pursue a mutual agreement with neighboring property owners to gain access via Tree Farm Road. Transportation Staff will support a full median opening at the intersection of CR 951 and Tree Farm Road or near by alternate location at such time as the adjoining property owners agree to dedicate the necessary right-of-way and construct Tree Farm Road in accordance with County standards from the East side of the Collier Boulevard Canal to one half mile east of Collier Boulevard. 18 NOV 1 ii 2003 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 i~, 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. 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. 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. NO¥ t 8 2003. Fo 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. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted to Environmental Services Department Staff prior to final plat/constructic ~lan appro~a,1. 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 AGENDA ITEM NOV 1 8 2003. I ::::::::::::::::::::::::::: ~:~:~:~:~:~:~:~:~:~ i [, ,~ '~:~:~::~:"":~ ~ 1 ,."' .... ' ' ' '" "..," ..... "' ' ' · '" · ~' ' ~ ROd ~CT DATE: 7~24~03 ~~ FRED REISCHL NICAEA PUD E~.EJrA ~i ~! t I '::.' '~"' ~,1~ ~lJ~g i;[' '~" I1 ~E ~i1:::::::: ~ ~ .:.....:...:.~,:...:.:.:.:... ~ : :::::::::::::::::::::::::::::: :::::::: : ,-,,~ -; ::::::::::::::::::::::::::::: ' '.'.'.'.: ·: :':':':':: :' · .'.'.'... .... ~".:2"'"'~"..... ..'2'""~"'~. . . ~DZ-200a-~R-aO0~ ~ PROJECT ~2001070 32~0V 18 20~ ~ ~ ~ DATE: 7124/03 FRED REISCHL PUD · . EXECUTIVE SUMMARY 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. OBJECTIVE: Approve an ordinance allowing up to $25,000 in payment, based on the timely payment of ad valorem property taxes paid in to the County, to local businesses investing in advanced broadband infrastructure enabling high-speed Internet connectivity. CONSIDERATION: On 3/12/03, the Board of County Commissioners held a public workshop during which county staff and the Economic Development Council of Collier County (EDC) presented countywide economic incentive proposals for business recruitment and expansion purposes. Qualifying companies must meet pre-determined eligibility requirements to be considered for participation in any proposed program. The Board directed staff to further develop all six of the proposals presented, and bring these proposals back for formal consideration. Four of incentive programs were presented to the Board at the 9/9/03 regular meeting, with several revisions discussed. Staff was then directed to incorporate the suggested revisions and bring back all four proposals to the Board for further consideration at a future meeting. One of the proposals presented to the Board is an Advanced Broadband Infrastructure Investment Program, which would provide authorization for payment to a local company for the installation of advanced broadband technology into a non-residential building, either existing, new or one being renovated, and upgrading it to be a "smart building". Each request for program participation would require a vote of the Commission. Program participants are the owners of the property into which the technology is being installed, not the service providers or companies doing the installation. Once approved by the Board for participation in this program, and the system installation is complete, the participating company may make application for an authorized payment of up to $25,000, or the cost of the system installation or upgrade, whichever is less. The participating company will have already paid their annual ad valorem property taxes in to the County in full prior to a request for payment. The company must also submit copies of invoices detailing the cost of the installation, which will be verified by the County Manager or his designee. The company is eligible for an amount not to exceed $8,400 per year, payable over a 3-year period. It should be noted that in researching this program that no other communities could be found that utilize such a program. Please note that Payment of a non-refundable Application Filing Fee, in the amount of $300.00, is required prior to the recording of the deferral agreement. The fee will fund the support and monitoring of the program as well as any costs associated with the recording of documents and any other administrative costs that may be incurred. Based upon the recommendation of this Board on September 9, 2003, the endorsement of the Community Redevelopment Advisory Board and the direction of the Community Red. qvel_o~me.nt_ Agency, staff has prepared the necessary Ordinance Amendment (attached) which ~co~o.o~tes-~l,, - ~_.~ recommended changes from the staff from the Clerk of Courts, the County Attorney's Office and County staff, as well as suggestions from the Community Redevelopment Advisory Board. FISCAL IMPACT: Based on companies assisted by EDC over the past several years that have constructed new industrial facilities, the average annual property tax paid in to the County's operating budget is approximately $9,779 (the average size facility was 30,000 square feet). We estimate that 8- 10 companies will apply to this program during the upcoming fiscal year. Based on the average mount of ad valorem property taxes paid by these 10 eligible companies, the ad valorem property taxes collected would equate to approxi,nately $97,790 per year compared to a potential disbursement of approximately $83,330 (if each company requested the maximum allowed). However, once the 3-year payment period is complete, these property taxes will continue to be deposited into the County's operating budget if the company is located outside the jurisdiction of a designated Community Redevelopment Area (CRA). Please note that the County's operating Budget will not be reimbursed for companies locating inside the jurisdiction of a designated Community Redevelopment Area (CRA). The Program Administrator will produce quarterly reports on the program's status and each project's dlrec~ and indirect economic impact. JUSTIFICATION: On a typical size project that creates 40 new jobs paying an average wage of $34,500 (115% of current average wage), with an initial capital investment of $2.5 million by the eligible company, the direct local economic impact is estimated to be $3.8 million per project. With the increasing costs associated with doing business in Collier County, it's probable that targeted high-wage companies will not locate or expand in Collier County thus diminishing any greater economic opportunities for local residents. GROWTH MANAGEMENT IMPACT: Economic enticements will help to achieve the goals of the Economic Diversification Program approved by the Board in January 1997. These goals include the desire for the County to become economically competitive and increase the number of high-wage, year round jobs available to Collier County residents while strengthening the role for local government in fostering and sustaining economic growth. RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance effective upon satisfaction of the requirements set forth by Section Four of the proposed Ordinance. SUBMITTED BY: ~ager Planning Services/Community Redevelopment Section DATE: REVIEWED BY: J - Stan Li[singer, Dire~ior Comprehensive Planning Department APPROVED BY: ~ nistmtor Cot Development and Environmental Services DATE: DATE: NOV 1 t~ 2~3 ORDINANCE NO. 2003. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AN ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM (PROGRAM) AVAILABLE TO EUGIBLE BUSINESSES TO ENCOURAGE PRIVATE SECTOR INVESTMENT IN ADVANCED BROADBAND INFRASTRUCTURE; PROVIDING FOR APPUCABIUTY AND PURPOSE; PROVIDING SPECIFIC DEFINITIONS; PROVIDING A MAXIMUM PAYMEHT AMOUNT; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downturns in the economy; and WHEREAS, the Board of County Commissioners ot Collier County (Board) desires to promote and foster economic divers~cation through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry development or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, advanced broadband infrastructure enabling high speed intemet connectivity will give local businesses the ability to compete more efficiently on a national and global scale thus increasing the likelihood for local business expansion opportunities and increasing employment opportunities for Collier County residents; and WHEREAS, advanced broadband infrastructure and high speed intemet connectivity has become a crucial component in day-to-day business operations; and WHEREAS, an Advanced Broadband Infrastructure Investment Program will serve the purpose of enhancing Collier County'.s economic diversification efforts by encouraging the investment k~ advanced broadband technology and services by the private sector thus making Collier County a more desirable place for business expans'lon of Telocat~on an~ divem'~ng the County's tax base; and WHEREAS, Chapter 125.01(1)(t), Flodda Statutes, authorizes the Board to enact an ordinance such as this that serves a valid public purpose; and Page 1 of 6 Words strud~,~h are deleted, words underlined are added No. ~ l L)V 1 uU3 WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a 'toolbox' economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNI'Y COlaMISSIONERS OF COLMER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: ARTICLE V. ADVANCED BROADBAND INFRASTRUCTURF INVESTMENT PROGRAIII Section 49-50. Applicability. This article applies to the unincorporated area of Collier County, FIodda, and tn all incorporated areas of Collier County to the ,qreatest extent authohzed by Article VIII, Section l{f'/of the Flodda Constitution as may be implemented by an interRovemment,~! or intertocal a.qreement. Section 49-51. Purpose. The purpose of this article is to: 1) ~s!ebtish an Advanced Broadband Infrastructure Investment ProRram for the purpose of enhancinq Collier County's economic diversification efforts; (2) provide for the economic well beinq of Collic~r County residents by providinR better opportunities for hiqh-wa.qe employment in Collier County; {3) lessen the seasonal cycle of Collier County's economy; and (4) encoureqn investment opportunities for new or existinq companies thus increasinq and diversifyinq the County's tax base. Section 49-52. Specific Definitions. When used in this article, the followinq terms have the meaninR stated, unle? the context cieaHy indicates otherwise: A. "Averaqe Wage" is the annual rate paid to private-sector employees within Collier County, from hklhest to lowest divided by number of person,,-. employed full-time, as reported by Ddvate-sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on fi.qures released by the Florid~ A.qency for Workforce Innovation. B. "Broadband" means h'.~h speed diqital data rate transfer typically associated with di.qital data rates of 10 meqabits per second and h~her, broadband i.s capable of accommodatinq all media, indudin.q voice, data, and viden transfer. Page 2 of 6 Words :~,.:'c.u. ~gh are deleted, words undeHined are added NOV I Zuu3 C. 'Advahc~ Broadband Infrastructure" means the components of netwo~ architecture consistinq of physical cable plant and/or a wireless technology platfon~ and associated customer premise end equipment (CPE) and structured widnq required to support broadband data transfer, which can provide mechanisms for providing specified quality of service (QoS) levels. specified by the end user. D. "Customer Premise Equipment (CPE)" means the electronic ecluioment located on the premises of the end user required to support advanced broadband services: E. "Structured Wiring" means the cable network located within a customer's premises that is required to deliver advanced broadband services~ I . "Quality of Service (qoS)" means those requirements which are determined by applications employed by the end user. Section 49-53. Advanced Broadband Infrastructure Investment Proflram. General Requirements. Pursuant to the provisions set forth in this section, the County establishes an Advanced Broadband Infrastructure Investment Proqram providina payments (hereinafter the 'payment") to offset the costs associated with the installation Or ul~lrade of advanced broadband infrastructure in commercial and industrial buildin,qs to encouraqe the relocation and/or expansion of hiqh-wacle tarqete~._ industries. The payment is a local option economic incentive for new or up.qraded advanced broadband infrastructure proiects that may be approved at the sole discretion of the Board. A. Application Process. Any business owner seekinq eliclibility thr0uqh the Advanced Broadband Infrastructure Investment Proqram will file an Application with the County Manaqer re(]uestincl participation in the prof:lram. The Application will be flied prior to the business owner makin.q the decision to invest in the advanced broadband infrastructure. The Application must contain the followin.q: 1. 2. 3. 4. The name and address of the business Owner; and A current and complete leqal description of the s~te upon which the project is proposed to be located: and The type of business proposed, usin.q Standard Industrial Classification (SIC) or North American industrial Classification System (NAICS); and The total cost incurTed by the business to enable broadband services includir~l but not limited to: a) char]les assessed by the service provider for establishin.q and/or extendinq the service provider's broadband infrastructure, and b) customer premise equipment and structured widnq required to support broadband services; and The date (month and year) when the proiect will be substantially complete. Page 3 of 6 Wcxds ~,5=~'=~, ~."c'-_='~.. are deleted, words underlined are added B. A,qreement. If the proposed proiect meets the requirements under the. Advanced Broadband Infrastructure Investment proR. ram as set forth in thi~ article, the Board may approve an aqreement qranting participation by, ami payments to, a business owner. No precedent is to be implied or inferred by such payments to a new or expandinR, business. Applications for participation will be considered by the Board on a case-by-case basis for each application. Section 49-54. Implementation. A. The total value of payments to be approved under this Advan__red Broadband Iofrastructure Investment Pro~lram will be the ~ of the el'.Klibl~, business proiect's system installation or upqrade, up to a maximum of $25,000. The business is eliqible to be paid an amount not to exceed $8,400 per Year. bc-~inninq in the fiscal year after the infrastructure improvements have been verified as complete by the County Manaqer. B. The el~ible business will notify the County Manager, in writir~, once tho. broadband infrastructure installation is complete. The County Man_~,,,~er__ will verifV proiect completeness and obtain a copy of all invoices detailinq costs related tn such proiect The business will pay, or have already paid, its tax bill in full to tho, Tax Collector's Off'me annually on or before the date it is finally due. Under thic proqram, apolicants are not eligible to pay their taxes on an installment basis. The appl cant will then submit a copy of their ad valorem tax payment receipt the County Manaqer verifyin(3 ail taxes have been paid in full and on time for each year the company is eligible for payment under this proqram. Upon receipt, and verification of compliance with the terms of this Article and correspondin~}~ a_p_Droved A~ireement. payment to the applicant will be authorized within 60 days. Improvements to real properly made before the Board approves the initi',; ,~.qreement described below wilt not be eli.qibie for payment. Addtonally, payment will only be based upon the amount of broadband infrastructb.,, expenditures, as set forth above. D. The eliqible business under the Advanced Broadband Infrastructur,'; Investment Proqram must enter into an Advanced Broadband Infrastructur,~ Investment Prof:lram A.qreement (the ARreement} with the County, and th,, Agreement must provide for, at a minimum, the followinq and include any provisions deemed necessary by the Board to effectuate the provisions of thi,-; 1. The leqal description of the pro~ect or development 2. Neither the requirement for payment nor the ARreement providir,j for such payment, may be transferred, ass~ned, credited, or otherwis: conveyed separate from the property without pdor written approval from the County. Approved A.qreements w run with the land. 3. Approved agreements must be recorded in the Official Records of Collier County at no cost to the County. Page 4 of 6 Words :~_'_~.. ~rcu.~h are deleted, words underlined are added Nuv lb E. If the property which is subject to an approved A,qreement is delinquent in the oavment of its annual taxes or special assessments at any time within the payment period, then any outstandinfl, balance to be paid under this Advanced Broadband Infrastructure Investment Proqrem will not be made unless and until all outstanding ad valorem property taxes and special assessments are paid in full._~. F. Criteria. An eliqible pro~ect under this proflram is one that meets the followin~ criteria: 1. is located on commercially or industrially zoned property in Collier County where a business owner:. a. constructs a new commercial or industrial development for the purpose of leasinq or sellinq those parcels of land; or b. constructs a new buildinq or renovates or expands an existin,q buildin.q; and 2. that business owner uses or leases such development or buildin,q which is proposed to contain Advanced Broadband Infrastructure. G. Termination The provisions of this article will expire and be void on October 1, 2008, unless continued by a vote of the Board of County Commission prior to this date. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions, SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County, Flodda. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word 'ordinance" may be changed to 'section", 'article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will be effective upon filing with the Florida Department of State. Page 5 of 6 Words ~-~-~. ~ro'..'gh are deleted, words underlined are added NUV 1 b Zuu3 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk By:¸ Deputy Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. Tom Henning, Chairman Patrick G. White Assistant County Attomey Page6 of 6 Words =~-'-'~. ~,'c'.'gh are deleted, words undeHined are added NUV 1 ~ Zuu3: I ORDINANCE NO. 2003 - AN ORDINANCE OF THE BOARD OF COUHTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, ESTABUSHING AN ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE BUSINESSES TO ENCOURAGE PRIVATE SECTOR INVESTMENT IN ADVANCED BROADBAND INFRASTRUCTURE; PROVIDING FOR APPLICABIUTY AND PURPOSE; PROVIDING SPECIFIC DEFINITIONS; PROVIDING A MAXIMUM PAYMENT AMOUNT; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LaWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABIUTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downtums in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry development or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, advanced broadband infrastructure enabling high speed intemet connectivity will give local businesses the ability to compete more effi ,~,'!y on a national and global scale thus increasing the likelihood for local business expansion opportunities and increasing employment opportunities for Collier County residents; and WHEREAS, advanced broadband infrastructure and high speed intemet connectivity has become a crucial component in day-to-day business operations; and WHEREAS, an Advanced Broadband Infrastructure Investment Program will serve the purpose of enhancing Collier County's economic diversification efforts by encouraging the investment in advanced broadband technology and services by the private sector thus making Collier County a more desirable place for business e×pans'~on or relocation and diversifying the County's tax base; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact an ordinance such as this that serves a valid public purpose; and Page 1 of 6 Words ¢tr'.' ....... =.. are deleted, words underline~, are added NUV Zuu WHEREAS, on March 12, 2003. the Board directed staff to move forward with proposals for a "toolbox' economic diversification incentives to further these efforls. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY C0MIIISSlONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: ARTICLE V. ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM Section 49-50. Applicability. This article applies to the unincorporated area of Collier County, Flodda, and to all incorporated areas of Collier County to the qreatest extent authorized by Article VIII, Section l(f) of the Florida Constitution as may be implemented by an intergovernmental or intedocal aqreemenL Section 49-51. Purpose. The purpose of this article is to: 1) establish an Advanced Broadband Infrastructure Investment Program for the purpose of enhancinq Collier County's economic diversificatiOn efforts~ (2) provide for the economic well beinq of Collier County residents by providing better opportunities for hi.qh-wa.qe employment in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and ~,i) encourage investment opportunities for new or existing companies thus increasine , diversifyinq the County's tax base. Section 49-52. Specific Definitions. When used in this article, the followinq terms have the meaning, stated, unles.~ the context clearly indicates otherwise: A. "Average Wage" is the annual rate paid to private-sector employees within Collier County, from hiqhest to lowest divided by number of persons employed full-time, 'as reported by private-sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on f'K1ures released by the Florida Agency for Workforce Innovation. B. "Broadband" means hi.qh speed diqital data rate transfer typically associated with digital data rates of 10 meqabits ~er second and hiqheq broadband is capable of accommodafinq all media, incJuding voice, data, and video transfer. Page 2 of 6 Words .'c~-..~~. ~,"c'_'_';h are deleted, words underlined are added NUV 1 b Zuu5 / C. "Advanced Broadband Infrastructure" means the cornponent~ of network archiL,~'~__ ,re consistir~ of physical cable plant and/or a ~ technoloclv platform and associated customer premise end equipment ¢CPE) and structured widnq required to support broadband data transfer, which can provide mechanisms for providinfl specified quality of service (0oS) levels spec_.E~l by U~e end user; D. "Customer Premise Equipment (CPE)' means the electronic equipment located on the premises of the end user required to support advanced broadband services. E. "Structured WirinR" means the cable network located within a opstomer'S premises that is required to deliver advanced broadband services. F. "Quality of Service {C~oS)" means those requirements which are determined by applications employed by the end user. Section 49-53. Advanced Broadband Infrastructure Investment prpflram. General Requirements. Pursuant to the provisions set fodh in this section, the County establishes an Advanced Broadband Infrastructure Invesln~ent Program providin~l payments (hereinafter the 'payment') to offset the costs associate~l with the installation or upgrade of advanced broadband infrastructure in commercial and industrial buildinqs to encouraqe the relocation end/or expansion of h~h-wafle ta .nieted industries. The payment is a local option economic incentive for new or upqraded advanced broadband infrastructure proiects that may be approved at the sole discretion of the Board. ^. Application Process. Any business owner seekin.q eli.qibility throu.qh the Advanced Broadband Infrastructure Investment Propram will file an Application with the County ManaRer requestin,q participation in the prof3ram. The Application will be flied prior to the business owner makin,q the decision to invest in the advanced broadband infrastructure. The Application must contain the followinq: 1. The name and address of the business Owner, and 2. A current and complete leRal description of the site upon which the proiect is proposed to be located; and 3. The type of business proposed, usin.q Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and 4. The total cost incurred by the business to enable*broadband services, includir~, but not limited to: a) charqes assessed by the service provider for establishin.q and/or extendirgl the service provider's broadband infrastructure, and b) customer premise equipment and structured widnR required to suppor~ broadband services; and 5. The date (month and year) when the project will be substantially complete. Page 3 of 6 Wools ........... =.. are deleted, words undertined are added B. A,qreement. If the proposed project meets the requiremen~ under the Advanced Broadband Infrasfruc~ure Investment pro~. ram as set forth in Ibis article, the Board may approve an a.qrc~wnent .qrantin~, participation by, and payments to, a business owner. No precedent is to be implied or inferred by such payments to a new or expandin,q business. Applications for participation will be considered by the Board on a case-by-case basis for each application. Section 49-54. Implementation. A. The total value of payments to be approved under this Advanced Broadband Infrastructure Investment PrOf:lram will be the cost of the er.wible business project's system installation or upqrade, up to a maximum of ,~25,000. The busir~ess is eliqible to be paid an amount not to exceed ~8,400 per year, beginnin.q in the fiscal year after the infrastructure improvements have been verified as complete by the County Manaqer. B. The el'.~lible business will notify the Coun~ Manaqer, in writinf:l,, once the, broadband infrastructure installation is complete. The County Manaqer will vedfy proiect completeness and obtain a copy of all invoices detaitinq costs related tn such proiect. The business will pay, or have already paid, its tax bill in full to the. Tax Collector's Office annually on or before the date it is finally due. Under thi.~ proqram, applicants are not eli.qible to pay their taxes on an installment basis. The applicant will then submit a copy of their ad valorem tax payment receipt tn the County Manaqer verityin.q all taxes have been paid in full and on time for each year the company is etiqible for payment under this proqram. Upon receipt, and verification of compliance with the te~ms of this Article and con'espondinq approved Agreement, payment to the applicant will be authorized within 60 days. C. Improvements to real property made before the Board approves the initi~! aRreement described below will not be eli.qible for payment. Additionally, payment will only be based upon the amount of broadband infrastructure expenditures, as set forth above. D. The eliqible business under the Advanced Broadband Infrastructure Investment Proq. ram must enter into an Advanced Broadband Infrastructure Investment PrOf:lram ARreement {the ARreement) with the County, and the A.qreement must provide for, at a minimum, the following, and include anV provisions deemed necessary by the Board to effectuate the provisions of thi~ 1. The leqal description of the pro~ect or dev_._~.~'nent 2. Neither the requirement for payment nor the A.qreement providinq for such payment, may be transferred, assiqned, credited, or othew~ise conveyed separate from the property without prior written approval from the County. Approved A.qreements will run with the land. 3. Approved a.qreements must be recorded in the Official Records of Collier County at no cost to the County. Page 4 of 6 Words ~..~_~-_~. ~m'..'-~h are deleted, words underlined are added E. If the property which is subiect to an approved Aqreement is d~lin~uent in the payment of it~ annual tgxes or special assessments at any time within payment period, then any outstandir~ balance to be paid under this Advanced Broadband Infl-astmcture Investment PrOf:lram will not be made unless and all outstandin.cI ad valorem property taxes and special assessments are paid in full~ F. Criteria. An ei~ibie proiect under this prof:lram is one that meets the foliowim:i. criteria: 1. is located on commercially or industrially zoned properly in Collier County where a business owner:. a. cons~_~s a new commercial or industrial development for the purpose of leasinq or sel n.q those parcels of land; or b. constructs a new buildinq or renovates or expands an existir~ buildinq; and 2. that business owner uses or leases such development or building which is proposed to contain Advanced Broadband Infrastructure. G. Termination The provisions of this article '~11 expire and be void on October 1, 2~)08, unless continued by a vote of the Board of County Commission prior to this date. SECTION TWO. CONFLICT AND SEVERABIMTY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", 'article', or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance Will be effective upon filing with the Florida Deparb'nent of State. Page 5 of 6 Words ~?-~. ~r--"..~h.. are deleted, words underlined are added NO, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. Tom Henning, Chairman Patrick G. VVhite Assistant County Attorney Page 6 of 6 Words s~.'=k ~;_'c'_';h are deleted, words underlined are added EXECUTIVE SUMMARY APPROVE AN ORDINANCE TO BE KNOWN AS THE JOB CREATION INVESTMENT ORDINANCE; APPROVE AN ASSOCIATED BUDGET AMENDMENT FOR $400,000; ESTABLISH THE JOB CREATION INVESTMENT PROGRAM AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED DEVELOPMENT FEES AND RELOCATION OR EXPANSION COSTS. OBJECTIVE: Approve an ordinance, and an associated budget amendment in the amount of $400,000, establishing a Job Creation Investment Program, funded by the County's general fund, that would provide authorization for payment to eligible firms based on new job creation. CONSIDERATION: On 3/12/03, the Board of County Commissioners held a public workshop during which county staff and the Economic Development Council of Collier County (EDC) presented countywide economic incentive proposals for business recruitment and expansion purposes. The Board directed staffto further develop all six of the proposals presented, and bring these proposals back for formal consideration. Four of incentive programs were presented to the Board at the 9/9/03 regular meeting, with several revisions discussed. Staff was then directed to incorporate the suggested revisions and bring back all four proposals to the Board for further consideration at a future meeting. One of the proposals will establish a Job Creation Investment Program, funded by General Revenue, that would pay a pre-determined dollar amount to targeted industry, high wage companies expanding or relocating to Collier County. The program will be available to new or expanding companies in pre- approved targeted industries in Collier County. This is a performance-based program, and the company must make application to the program prior to making the decision to relocate or expand in Collier County. Those newly created jobs specified by the company in their application must be in place prior to consideration of payment. Companies will be encouraged to hire Collier County residents, with penalties in place should a company fail to meet its workforce obligation within the specified time frame. Once the company has met their employment obligation, the company will submit a request for authorization of payment along with do/:umentation that the stated jobs are in place, which will be verified by the County Manager or his designee. If the eligible company locates on a parcel adjacent to or east of Collier Boulevard, designated as Eastern Collier County, it will be awarded $2,000 for each full-time job created, with a minimum of 10 new jobs created and paying their new employees 115% of the county's private-sector average wage. Special consideration may be given to companies locating or expanding within the Immokalee Rural Federal Enterprise Community, in that the company must create a minimum of five new jobs and pay 50% of the county's private-sector average wage. A company locating within the Immokalee Enterprise Community will be awarded $3,000 for each full-time job created. If a company locates within a newly designated High Impact area, that is, outside the Immokalee Enterprise Community and the Eastern Collier County area, the company must create at least 20 new jobs paying a minimum of 150% of the county's private-sector average wage. A co .mpany locati,.~ within a High Impact area will be awarded $2,000 for each full-time job created. Tile C°mmissioners must approve each request for program participation within a High fnpa~i~c~ai ~ Based upon the recommendation of this Board on September 9, 2003, the endorsement of the Community Redevelopment Advisory Board and the direction of the Community Redevelopment Agency, staff has prepared the necessary Ordinance Amendment (attached) which incorporates all recommended changes from the staff from the Clerk of Courts, the County Attorney's Office and County staff, as well as suggestions from the Community Redevelopment Advisory Board. FISCAL IMPACT: An investment by the County of $400,000 would be needed to establish the fund, with additional annual funding in subsequent fiscal years. The $400,000 has been included in the approved FY04 budget. An eligible firm would be paid based on the number of new jobs created within a specified time frame, up to $2,000 per job over a three-year time frame. Companies locating or expanding within the Immokalee Enterprise Community would be eligible for $3,000 per job over a three-year time frame. Those companies that also participate in the State of Florida Qualified Target Industry Tax Refund Program would only be eligible for $1,000 per new job created regardless of its location within Collier County. The Economic Development Manager, serving as Program Administrator, will produce quarterly repons on the program's status and each project's direct and indirect economic impact. JUSTIFICATION: On a typical size project that creates 40 new jobs paying an average wage of $34,500 (115% of current average wage), with an initial capital investment of $2.5 million by the eligible company, the direct local economic impact is estimated to be $3.8 million per project. With the increasing costs associated with doing business in Collier County, it's probable that targeted high-wage companies will not locate or expand in Collier County thus diminishing any greater economic opportunities for local residents. GROWTH MANAGEMENT IMPACT: Economic enticements will help to achieve the goals of the Economic Diversification Program approved by the Board in January 1997. These goals include the desire for the County to become economically competitive and increase the number of high-wage, year round jobs available to Collier County residents while strengthening the role for local government in fostering and sustaining economic growth. RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance effective upon satisfaction of the requirements set forth by Section Four of the proposed Ordinance. NU¥ i~ ~.uu5 SUBMITTED BY: REVIEWED BY: REVIEWED BY: Community Redevelopment Section Stan Litsinger, Director, ~CP Comprehensive Plannin/~epartment Denton Baker, Director Department of Financial Administration and Housing APPROVED BY: / / Joseph K. Schmitt, Administrator C~n~unity Development and Environmental Services DATE/A DATE: DATE: buy 1 ~ ~.uu~ ORDINANCE NO. 2003 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABUSHING THE JOB CREATION INVESTMENT PROGRAM AVAILABLE TO ELIGIBLE TARGETED HIGH-WAGE COMPANIES TO MITIGATE THE ECONO,mIC EFFECTS OF INCREASED DEVELOPMENT FEES AND RELOCATION OR EXPANSION COSTS; PROVIDING FOR APPLICABIUTY AND PURPOSE; PROVIDING FOR A MAXIMUM AWARD AMOUNT; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very suscept}bie to economic cycles arid downturns in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects f;om rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Boan~ to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose by encouraging private sector investment thereby enabling local businesses to be more globally competitive, increasing local business expansion opportunities and thus offering increased employment opportunities for Collier County residents; and WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a 'toolbox" economic diversification incentives to further these eflort~. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, THAT: Page I of 6 hue lb SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: ARTICLE III JOB CREATION INVESTMFNT PROGRAM_ Section 49-30. Applicab!litv. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the .qreatest extent authorized by Article VIII, Section l(f) of the Florida Constitution as may be implemented by an inter.qovernmental or interlocal aqreement. Section 49-31. Purpose. The puqx)ses of this article are to: (1) provide a performance-based proqram offerinq financial relief for eliqible tarqeted industry development or expansion projects in Collier County to mitigate the effects of risinq fees. alon.cl with escalatinq relocation and expansion costs, associated with these proiects~ (2~ provide for the economic well beinq of Collier County residents by providing hiqh-wage employment opportunities in Collier C0untv: (3~ lessen the seasona! cycle of Collier County's economy; and (4~ encouraqe investment opportunities for new or existinq businesses thus increasinq and diversifyinq the County's tax base, Section 49-32. Specific Definitions~ When used in this article, the foltowinq terms have the meaninq stated, unless the context clearly indicates otherwise. A. "Averaae Wage" is the annual rate paid to private-sector employees within Collier County, from hiqhest pay rate to lowest pay rate divided by number of persons employed full-time, as reported by private-sect(~[ employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on_ r~lures released by the Florida Agency for Wo~force Innovation~ B. -_~a~tern Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adiacent to, and east of, Collier Boulevard, except for those parcels desiqnated as part of the ImmokcJ~-'~ Rural Federal Enterprise Community. C. "High Impact" is that desiqnation qiven to qualifyinq economic develooment proiects located outside of Eastern Collier County and the. Immokalee Rural Federal Enterprise Community. D. "Rural Federal Enterprise Community" is that iurisdiction so des',~nated by the U.S. Department of Agriculture as a muiti-iurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Page2 of 6 Zone boundaries, a des~nation by the State of Florida, pumuant tO Section 290.001-290.016. Florida Statutes. pursuant to Section 290.001- 290.016, Florida Statutes;, "TarReted !ndust~y" is one that is aq.qr~ively pursued for r~10cati0n to, or expansion within, the local jurisdiction by the Economic Development Council of Collier CQunty. It may include, b~t is not limited to the f(~ll0win,q industries: Aviation, Infqrrnation Technolof:iy, B~omedical, Man.ufacturinq, Corporate Headquarters, Research and Development, Wholesale Trade and Distribution, and businesses Iocatin~l or expandin.q within the Rural Federal Enterprise Community. Section 49-33. Job Creation Investment Proliram. A. General Requirements. Pursuant to the provisions set forth in this section, the County establishes a Job Creation Inveslment Pr0f]ram for the payment of costs associated with the relocation andlor expansion of tameted orojects, includinfi but not limited to relocation costs, company sponsored da,/ care facilities, land improvement costs, and/or existin.q facility improvements. These projects may include commercial, industrial, and technoloqy par~ land uses. B. Application Process. Any person seekin,q eliqibility and payment throu.qh the Job Creation Investment Preqram will file with the County Manaqer an Application for payment prior to makinq the decision to locate or expand w~thin Collier County. The Application must contain the followinq: 1. 2. The name and address of the business Owner; and A current and comPlete leqal description of the site upon which the project is oroposed to be located; and 3. The type of business proposed, usin.q Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and 4. The number of full-time jobs to be created and, if applicable, retained as a result of the proiect; and 5. The averaRe wa.Re of those iobs created and retained; and 6. The total capital investment of the expansion or relocation project, includir~l land, buildinq, and e~uioment C~S{s; and 7. The date (month and year) when the new Jobs will be in pla_ce~ If the proposed project meets the requirements for payrn~nt under the Job Creation Investment Pro~lram as set forth in this article, the C,,ounhI Mana~:ler is authorized to ~nter into an a~lreement with the business Owner. After the specir~l new jobs are in place within the pre- determined time frame, the company will complete and submit to the County Mana,qer a Request for Funds, alor~, with documentation that the stated jobs are in place. At the bef~innin,q of each county fiscal year, Page 3 of 6 buy following the date the newly created jobs are in place and verif~,d by the Count~ Manager. Deneral revenue funds will be set aside under the Job Creation Investment proqram, Section 49-34. Implementation.. A. Under this Job Creation Investment Proqram, the el~ible company located within Eastem Collier County may be awarded $2,000 per new full-time job created, with a minimum of ten (10) new full-time iobs to be created; or the eliqible company may he awarded ~3,000 per fult-time job created if the project is located within the Enterprise Community, with a minimum of five (5) new ~obs created; or, as approved by the sole discretion of the Board. a company may be awarded $2.000 Der job created wffhin a H'.~lh Impact area, with a minimum of 20 new jobs created. Any award under this program is subject to funding availabi!it~. If a company also participates in the State of Florida Qualif~-=d Ta~eted Industry (QTI) tax incentive prof:lram, and is approved to participate in this Job Creation Investment Program, the company will be eliqible for only ~1,000 per new iob created reqardless of its location within Collier County. The funds will be paid, based on the number of new full-time jobs created, in equal amounts over a three-year time period. B. The eli.qibie business under the Job Creation Investment Proqram will enter into a Job Creation Investment ProRram Agreement (the A.qreement) with the County, and the ARreement must provide for, as a minimum, the followinq and will include any provisions deemed necessary by the Board to effectuate the provisions of this article: 1. The leqal description of the deyelopment. 2. Neither the payment of funds, nor the A.qreement providinq for the payment of funds, may he transferred, assiqned, credited or otherwise conveyed from the property without prior written approval from the County. 3. In the event the non-County party is in default under the Aqreement and the default is not cured within th!rty {30) da~s after written notice is provided to the Owner, the Board may bdnq a civil action to enforce the aqreement or declare that the .qrant funds are thence immediately due and payable. The Board is entitled to recover all fees and costs, includin.q attorney's fees and costs, incuned by the County in enfordnq the Aqreement, plus interest at the then maximum statutory rate for final iud.qments, calculated on a calendar day basis until paid. 4. The Aqreement must be recorded in the Official Records of Collier Count~ at no cost to the County. Page4 of 6 D. Termination The provisions of this article will expire and be void on October 1, 2008, unless continued by a vote of the Board of County Commission prior to this date. Section 49-35. Program Eligibility Criteria_ To be considered elk b e for approval under this Pro~iram a business or proiect must meet the criteria of one of the fo!lowin.q catef]ories: 1. Be located within Eastem Collier County and meet the followinq criteria: a. Type of bu.siness conducted is within the Ta~eted IndustrY List of the Economic Development Council of Collier County; and b. Creates a minimum of ten (10) new full-time lobs; and c. The newly created jobs pay an average waqe of at least 115% of the County's current private-sector avera,qe wa,qe 2. Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the followlnq criteria: a. Creates a minimum of five (5) new full-time iobs; and b. The newly created iobs pay an averaqe waqe equal to or greater than 50% of the County's current private-sector averacle waQe. 3. Be a High Impact project and be located outside the Enterprise Community and Eastem Collier County and meet the followinq criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County; an.._~d b. Creates a minimum of twenty (20) new full-time jobs; and c. The newly created lobs pay an average waqe equal to or greater than 150% of the County's current private-sector averaqe wage. d. Each application for pro!qram participation must have approval by the Board of County Commissioners. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. Page 5 of 6 SECTION THREE. ~i~LUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County. Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word 'ordinance' may be changed to 'section', 'art~Je', or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will be effective upon filing with the Florida Department of State. However, funding will not be available until after 1011103. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this . day of ,2003. AT'rEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Tom Henning, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 6 of 6 NUV I b ~.~,~ ORDINANCE NO. 2003 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE JOB CREATION IHVESTMENT PROGRAM AVAILABLE TO ELIGIBLE TARGETED HIGH-WAGE COMPANIES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED DEVELOPMENT FEES AND RELOCATION OR EXPANSION COSTS; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING FOR A MAXIMUM AWARD AMOUNT; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING PROGRAM EUGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABIETY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WI-IEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downtums in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, Chapter 125~01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose by encouraging private sector investment thereby enabling local businesses to be more globally competitive, increasing local business expansion opportunities and thus offering increased employment opportunities for Collier County residents; and WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a 'toolbox' economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLEER COUNTY, FLORIDA, THAT: Page I of 6 SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: ARTICLE III JOB CREATION INVESTMENT PROGRAM Section 49-30. ApDlicability.~ This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the qreatest extent authorized by Article VIII, Section l(f) of the Fio~da Constitution as may be implemented by an interqovemmental or intedocal aqreement. Section 49-31. Purpose. The purposes of this article are to: (1) provide a performance-based prog. ram offerin.q financial relief for eiiqible tarqeted industry development or expansion proiects in Collier County to mitiqate the effects of risinq fees. alon~ with escalafinq relocation and expansion costs, associated with these proiects; (2) provide for the economic well beinq of Collier County residents by providin.q hiqh-waqe employment opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's economy: and (4} encouraqe investment OPPOrtunities for new or existin.q businesses thus increasinq and diversifyin.q the County's tax base. Section 49-32. Specific Definitions. When used in this article, the followin.q terms have the meaninq stated, unless the context clearty indicates otherwise. A. "Averacle Wa;le" is the annual rate paid to private-sector employees wffhin Collier County, from hiqhest pay rate to lowest pay rate divided by number of persons empleyed full-time, as reported by private-sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on flqures released by the Florida Aqency for Woddorce Innovation. B. "Eastem Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adiacent to and east of, Collier Boulevard, except for those parcels desiqnated as part of the Immokalee Rural Federal Enterprise Community. C. "Hiqh Impact" is that des~nation qiven to qualifyinq economic development proiects located outside of Eastern Collier County and the Immokaiee Rural Federal Enterprise Community. D. "Rural Federal Enterprise Community" is that jurisdiction so desiclnatad by the U.S. Department of Aqdculture as a multi-iurisdictional entity includinq Immokalee (census tracts 112.04, 112.05, '113. 114). parts of Hendry County and the Seminole Indian Reservation; the Enterprise community boundaries in Collier County follow the Immokalee Enterprise Page 2 of 6 Zone boundaries, a des~nation by the State of Florida, pursuant to Section 290.001-290.016, Flprida Statutes. r)ursuant to Section 290.001- 290.016, Flonda Statutes;, "Targeted Industry" is one that is ag,qres~ively pumued for relocation to, or expansion within, the local iurisdiction by the Economic Development Council of Collier County. It may include, but is not limited to the foltowin,q industries: Aviation, Info~Tnation Technolofly, Biomedical, Manufacturing, Corporate Headquarters, Research and Develc~pment, Who!esale Trade and Distribution, and businesse~ locating or expanding within the Rural Federal Enterprise Community. Section 49-33. Job Creation Investment Proflram. A. General Requirements. Pursuant to the provisions set forth in this section, the County establishes a Job Creation Investment Proq?am for the payment of costs associated with the relocation andlo~' expansion of ta~eted Projects, includin.q but not limited to relocation costs, company sponsored day care facilities, land improvement costs, and/or existinq facility improvements. These. projects may include commercial, industrial, and technoloqy park land uses. B. Application Process. Any person seekin,cI eliqibility and payment throuqh the Job Creation Investment Proqram will file with the County Mana.qer an Application for payment prior to makin.q the decision to locate, or expand within Collier County. The Application must contain the, followinq: 1. The name and address of the business Owner; and 2. A current and complete leqal description of the site upon which the project is proposed to be located; and 3. The type of business proposed, usin,q Standard Industrial Classif~.ation (SIC) or North American Industrial Classification System (NAICS); and 4. The number of full-time iobs to be created and, if applicable. retained as a result of the project; and 5. The avera,qe waqe of those iobs created and retained; and 6. The total capital investment of the expansion or relocation proiect, including land, buildin,q, and equipment costs; and 7. The date (month and year) when the new lobs will be in place. If the Drooosed proiect meets the requirements for payment under the Job Creation Investment Proqram as set forth in this article, the Countv Mana.qer is authorized to enter into an aqreement with the business Owner. After the specif'~i new jobs are in place within the pre~ determined time frame, the company will complete and submit to the County Mana,qer a Request for Funds, alor~l with documentation that the state~ iobs are in place. At the beflinninq of each county fisca! year, Page 3 of 6 fo .lt0wi~ the date the newly created iobs are in place and verified by the County Manaaer. ~eneral revenue funds will be set aside under the Job Creation Investment proqram. Section 49-34. Implementation. A. Under this Job Creation Investment Proqram, the eliqible company located within Eastern Collier County may .be awarded ~2,000 per new full-time job created, with a minimum of ten (10) new full-time jobs to be created; or the eliqibie company may be awarded ~3,000 per full-time job created if the project is located within the Enterprise CommuniW, with a minimum of five (5) new iobs created; or, as approved bY the sole discretion of the Board., a company may be awarded $2,000 per iob created within a Hiqh Impact area, with a minimum of 20 new iobs created. Any award under this prof3ram is subject to fundin,q availability. If a company also participates in the State of Florida Qualified Tarqeted Industry (QTI) tax incentive program, and is approved to participate in this Job Creation Investment Proclram, the company will be el~ibie for 0nly .~1,000 per new iob created re.qardiess of its location within Collier County. The funds will be paid, based on the number of new full-time lobs created, in equal amounts over a three-year time period. B. The el',~lible business under the Job Creation Investment PrOclram will enter into a Job Creation Investment Proqram A.qreement (the Aqreement) ~ the County, and the Aqreement must provide for, as a minimum, the followin~i, and will include any provisions deemed necessary by the Board to effectuate the provisions of this article: 1. The leqal description of the development. 2. Neither the payment of funds, nor the A.qreement providinR for the payment of funds, may be transferred, assiqned, credited or otherwise conveyed from the property without prior written approval from the County. 3. In the event the non-County party is in default under the Aqreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may brinR a civil action to enforce the a~lreement or declare that the qrant funds are thence immediately due and payable. The Board is entitled to recover all fees and costs, including attorney's fees and costs, incurred by the County in enforcinq the ARreement, plus interest at the then maximum statutory rate for final iudqments, calculated on a calendar day basis until paid. 4. The Aqreement must be recorded in the Official Records of Collier County at no cost to the County. Page4 of 6 D. Termination Th~ provisions of thi~ article will expire and be void on October 1, 2008, unless continued by a vote of the Board of County Commission prior to this date. Section 49-35. Proslram Eligibility Criteria. To be considered eliqible for approval under this Pro~lram, a business or proiect must meet the criteria of one of the followlnq categories: 1. Be located within Eastern Collier County and meet the following criteria: a. Type of business conducted is wil;hin the Tarqeted Industry List of the Economic Development Council of C~)llier County and b. Creates a minimum of ten (10) new full-time jobs; and c. The newly created jobs pay an avera,qe waqe of at least 115% of the County's current private-sector averaqe waqe 2. Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the followinq criteria: a. Creates a minimum of five (5) new full-time iobs and b. The newly created jobs pay an averaqe waqe equal to or greater than 50% of the County's current private-sector average waqe. 3. Be a Hiqh Impact project and be located outside the Enterprise Community and Eastem Collier County and meet the followinq criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County; and b. Creates a minimum of twenty (20) new full-time iobs; and c. The newly created jobs pay an averaqe waqe equal to or greater than 150% of the County's current private-sector average wa.qe d. Each application for prof~ram participation must have approval bv the Board of County Commissioners. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent prevision and such holding will not affect the validity of the remaining portions. Page 5 of 6 SECTION THREE. J~CLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumhered or relettered to accomplish such, and the word 'ordinance' rnay be changed to 'section', 'article', or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will he effective upon filing with the Florida Depart~nent of State. However, funding will not he available until after 10/1/03. 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:. Deputy Clerk By: Tom Henning, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 6 of 6 EXECUTIVE SUMMARY APPROVE AN ORDINANCE TO BE KNOWN AS THE FEE PAYMENT ASSISTANCE ORDINANCE; ESTABLISH A FEE PAYMENT ASSISTANCE PROGRAM ALLOCATING $950,000 TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES. OBJECTIVE: Approve an ordinance which establishes a Fee Payment Assistance Program that is funded by the County's General Fund, and would assist in the payment of impact fees as they pertain to certain targeted industry, high wage companies expanding or relocating to Collier County. CONSIDERATION: On 3/12/03, the Board of County Commissioners held a public workshop during which county staff and the Economic Development Council of Collier County (EDC) presented countywide economic incentive proposals for business recruitment and expansion purposes. The Board directed staff to further develop 'all six of the proposals presented, and bring these proposals back for formal consideration. Four of incentive programs were presented to the Board at the 9/9/03 regular meeting, with several revisions discussed. Staff was then directed to incorporate the suggested revisions and bring back all four revised proposals to the Board for further consideration at a future meeting. One of the proposals will establish a specialized Fee Payment Assistance Program, that would pay county-imposed impact fees on behalf of targeted industry, high wage companies expanding or relocating to Collier County. This is a performance-based program, and the company must make application to the program prior to making the decision to relocate or expand in Collier County. The program will be available to new or expanding companies in pre-approved targeted industries in Collier County. If the eligible company locates on a parcel adjacent to or east of Collier Boulevard, designated as Eastem Collier County, the company must create a minimum of 10 new jobs that pay 115% of the county's private-sector average wage. Special consideration may be given to companies locating or expanding within the Immokaiee Rural Federal Enterprise Community, in that the company will pay 50% of the county's private-sector average wage and create a minimum of five new jobs. If a company locates within a newly designated High Impact area, that is, outside the Immokalee Enterprise Community and the Eastern Collier County area, the company must create at least 20 new jobs paying a minimum of 150% of the county's private-sector average wage. Each request for program participation must be approved by the Board of County Commissioners. Companies participating in this Fee Payment Assistance Program will not be allowed to also participate in the proposed Property Tax Stimulus Program. buy 1 b zuu,.I Once the County Manager has determined the company's eligibility for program participation, as outlined in the program criteria, and it has met with Board approval, the company owner will sign an agreement with the County defming the conditions of the program. The participating company will pay its annual ad valorem property taxes in full to the County on or before the date they are due. The agreement includes a clause wherein the participating company will repay any impact fees not yet recouped by the company's payment of ad valorem property taxes should the company default on its stated employment obligations within a specified timeframe. The company must retain their investment as a viable business and retain their stated employment base for 10 years for those locating outside the Immokalee Rural Federal Enterprise Community, and 15 years for companies located within the Enterprise Community. Staff has had discussions regarding this proposed program with the Budget Director, the Finance Director, and the Tax Collector. Their comments have also been incorporated into the proposed ordinance. FISCAL IMPACT: An investment by the County of $950,000 would be needed to establish the fund, with additional annual funding in subsequent fiscal years. The $950,000 has been included in the approved FY04 budget. Of this $950,000 in funding, $600,000 will be allocated to pay impact fees on behalf of companies locating outside the Immokalee Enterprise Community, while the remaining $350,000 will be allocated to pay impact fees on behalf of companies locating within the Immokalee Enterprise Community. The County's operating budget will be indirectly replenished by the increase in the participating company's ad valorem property taxes paid for those companies located outside the jurisdiction of a designated Community Redevelopment Area (CRA). Impact fees paid on behalf of companies locating within a designated CRA may be offset by a portion of the tax increment fmancing (TIF) funds allocated to the Community Redevelopment Areas. The change in use of the TIF funds requires recommended approval by an affected CRA Advisory Board, a vote of approval by the Collier County Community Redevelopment Agency and the Board of County Commissioners. On October 14, 2003 the Board of County Commissioners, acting in its capacity as the Commtmity Redevelopment Agency, approved item 16A(9) which directed staff to implement a program that utilizes a portion of the tax increment f'mancing (TIF) funds allocated to the Immokalee Community Redevelopment Agency (CRA) as a designated funding source for the Immokalee Residential Deferral Program, Property Tax Stimulus Program and Fee Payment Assistance Program, and directed staff to draft all required Ordinances and/or amendments necessary for implementation of the program for future consideration by the Board of County Commissioners. On November 10, 2003 the Immokalee Community Redevelopment Area Advisory Board unanimously recommended the use of the portion of the TIF funds associated with new development, above the five-percent (5%) retained by Collier County for administrative purposes, for the Fee Payment Assistance Program with the following distribution: 1) Fee Payment Assistance Program - 50% of the TIF funds associated with qualifying businesses located within the Immokalee Enterprise Community/Zone will provide a partial funding source for the Fee Payment Assistance Program. The use of the TIF funds for the Fee Payment Assistance Program is only associated to the TIF funds that are generated by the eligible business qualifying and participating in the Fee Payment Assistance Program. It does not utilize TIF generated by any other development within the Immokalee CRA Based upon the recommendation of this Board on September 9, 2003, the endorsement of the Immokalee Community Redevelopment Area Advisory Board and the direction of the Community Redevelopment Agency, staff has prepared the necessary Ordinance Amendment (attached) which incorporates all recommended changes from the staff from the Clerk of Courts, the County Attorney's Office and County staff, as well as suggestions from the Immokalee Community Redevelopment Area Advisory Board. In order to protect the county from a financial perspective, a lien will be assigned to the County should the company sell the property prior to the total cost of impact fees recouped on a pro-rated basis, or if the company fails to meet its stated employment obligation within the designated time frame. Companies will be eligible for a maximum amount, not to exceed the cost of the impact fees. In order to continually monitor the fiscal impacts of this program, the Program Administrator will produce quarterly reports as to the program's status and each project's direct and indirect economic impact. JUSTIFICATION: On a typical size project that creates 40 new jobs paying an average wage of $34,500 (115% of current average wage), with an initial capital investment of $2.5 million by the eligible company, the direct local economic impact is estimated to be $3.8 million per project. With the increasing costs associated with doing business in Collier County, it's probable that targeted high-wage companies will not locate or expand in Collier County thus diminishing any greater economic opportunities for local residents. GROWTH MANAGEMENT IMPACT: Economic enticements will help to achieve the goals of the Economic Diversification Program approved by the Board in January 1997. These goals include the desire for the County to become economically competitive and increase the number of high-wage, year round jobs available to Collier County residents while strengthening the role for local government in fostering and sustaining economic growth. RECOMMENDATION: Ordinance effective proposed Ordinance. SUBMITTED BY: That the Board of County Commissioners adopt the attached upon satisfaction of the requirements set forth by Section Four of the Community Redevelopment Section DATE: huV le ~u~ REVIEWED BY: "S/~~Lits REVIEWED BY: Ci~ve~epamnent 'q Denton Baker, Director Department of Financial Administration and Housing APPROVED BY: / /Joseph K.'Schmitt, Administrator Co.unity Development and Environmental Services DATE: DATE: ORDINANCE NO. 2003 - AN ORDINANCE OF THE BOARD OF COUNT~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A FEE PAYMENT ASSISTANCE PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATE~; PROVIDING FOR APPLICABIUTY AND PURPOSE; PROVIDING FOR A MAXIMUM PAYMENT AMOUNT ANO MAXIMUM PARTICIPANT OBLIGATION PERIOD; PROVIOING SPECIFIC DEFINITIONS FOR' ECONOMIC DEVELOPMENT TERMS; PROVIDING FOR PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFUCT AND SEVERABIUTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downturns in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects from rising co~ts associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, Impact Fees present the greatest inhibition to economic diversification efforts due to the fact that they are the highest fees charged to new development; and WHEREAS, programs to offer relief for eligible new development or redevelopment projects from rising Impact Fee rates will contribute significantly to economic diversification efforts throughout the County by encouraging private sector investment thereby enabling local businesses to be more globally competitive, increasing local business expansion opportunities, and thus offering increased employment opportunities for Collier County residents; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessa~ for the exerck~ of its powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose; and Page 1 of 7 WHEREAS, the payment and collection of impact fees in Collier County are respectively covered by Section 74-202(g) and Section 74-501 of the Code of Laws and Ordinances of Collier County;, and WHEREAS, on March 1Z, Z003, the Board directed staff to move forward with proposals for a 'toolbox' of economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: ARTICLE II FEE PAYMENT ASSISTANCE PROGRAM Section 49-20. Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the qreatest extent authorized by Article VIII, Section l(f) of the Florida Constitution as may be implemented by an inter.qovemmental or interlocal agreement. Section 49-21. Purpose. The purposes of this article are to: (1) provide a pemiormance-based prof:l, ram offe)ing financial relief for el~ible tar.qeted industry development or expansion projects in Collier County to m~'.~ate the effects of risinq Impact Fee rates; {2) provide for the economic well beinq of Collier County residents by providinq hi.qh-waqe employment opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and (4) encourage investment opportunities for new or existing companies thus increasing and diversifying the County's tax base. Section 49-22. Specific Definitions. When used in this article, the followin.q terms have the meaninq stated, unless the context clearly indicates otherwise. A. "Average Wage" is the annual rate paid to private-sector employees within Collier County, from h~hest to lowest divided by number of persons employed full-time, as reported by private-sector employers in the State of Fiodda who are covered by federal and state unemployment compensation laws {UC), and reported annually based on figures released by the Florida Aqency for Workforce Innovation. B. "Eastern Collier County" is that area of unincorporated Collier County that Page 2 of 7 huV le ~.~,,J Pg. (_~ inc~_,des those Parcels of land immediately adiacent to, and east of, Collier Boulevard, except for those parcels des'.glneted as part of the Immokale~__ Rural Federal Enterprise Community, C. "Hioh Imf&ct" is that desi.qnation qiven to (~ualifyin~l economic development, p_ro~ls located ~_.~_ide of £astem Collier County and the Immokalee Rural Federal Enterodse Community. D. "Impact Fee" means the fee imposed by the County pursuant to Section 74- 20! or, if applicable, the Alternative ImPact Fee. E. "Rural Federal Enterprise Community" is that iurisdiction sq desiqnated by the U.S: Department of Aqriculture as a multi-iurisdictional entity including Immoka.Lee- (census tr'e_~ 112.04, 112.05, 113, 114), parts of Hendw County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a desi~lnatlon by the State of Florida, pursuant to Section 290.001-290.016, Florida Statutes, F. "Targeted Industxy" is one that is a,qqressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development Council of Collier County. It may include, but is not limited to, the followinq industries: Aviation, Information Technology, Biomedical, Manufacturing, Corporate Headquarters, Reseamh and Development, Wholesale Trade and Distribution, and busine_~_~-es Iocatinq or expanding within the Immokalee Rural Federal Enterprise Community. Section 49-23. Fee Payment Assistance Program, General Requirements. Pursuant to the provisions set forth in this section, the County establishes a Fee Payment Assistance Proqram for the payment of Impact Fees for eliqible development pro~ects, The Fee Payment Assistance Proqram will be eligible to proiects located within commercial, industrial, business park, and technolof:ly park land uses. A. Application Pr _o,':e~___~_ Any business seekin~ eliqibility for payment through the Fee Payment Assistance Proqram must file with the County Mana.qer an Application for payment prior to makinq the decision to locate or expand within Collier County. The Application must contain the following: 1. The name and address of the business Owner; and 2. A current and complete legal description of the site upon which the project is proposed to he located; and 3. The type of business proposed, using Standard Industrial C!assifmation (SIC) or North American Industrial Classification SYstem (NAICS); and 4. The number of iobs to be created and retained as a result of the proiect; and 5. The avera(~e wa~e of those iobs created and retained; and Page 3 of 7 hUV Ibzu~ '-'1 6. The total capital investment of the expansion or relocation project, includin.q land, buiidinq, and equipment costs; and 7. The date (month and year) when the project will be substantially complete. B. A,~reement_ If the proposed proiect meets the requirements for payment under the Fee Payment Assistance Pr~ram as set forth in this article, the County Manaqer is authorized to enter into an a.qreernent with the business Owner as set forth below. The Fee Payment Assistance Program will pay no more than the amount of Impact Fees due pursuant to Section 74-202 of the Collier County Laws and Ordinances. Section 49-24. Implementation. A. Under this Fee Payment Assistance Proflram, the eliqible business will pay its tax bill in full to the Tax Collector's Oft'~e annually on or before the date it is due. The Prog. ram obl'.Klation period will he nO Ion,qer than ten (10) years if the project is located outside the Rural Federal Enterprise Community (hereinafter *Enterprise Community"), or no Ion.qer than f'~teen (15) years if the project is located within the Enterprise Community. Companies located in a H',~h Impact area, that is an area outside the Enterprise Community and Eastern Collier County, must be pre-approved for Pro,qram participation by the Board of County Commissioners and, if so approved, are obl~ated to this program for a maximum of ten (10) years. Companies will be el'.Kjibie for a maximum payment amount not to exceed the cost of the above-described fees multiplied by the current millay, e rate then multiplied by either 10 (projects located in areas outside the Enterprise Community) or 15 (projects located within an Enterprise Community). Any payment made under this prog. ram is subject to fundin.q availability. A development project participatinq in the Fee Payment Assistance Proqram is not eli.qible to also participate in the Property Tax Stimulus Preqram that may be offered by the County. B. The el~ible business under the Fee Payment Assistance Program will enter into a Fee Payment Assistance Program A.qreement (the Aqreement) with the County, and the Aqreement must provide for, as a minimum, the followinq and will include such provisions as may be deemed necessan/by the Board to effectuate the provisions of this article: 1. The leqal description of the development. 2. That the amount of the Impact Fees paid by the Program will in all events become due and payable and shall he immediately re-paid to the County by the property owr~er if the property is sold or transferred without prior written approval from the County at any time after the first certificate of occupancy has been issued for the development and prior to the 10- year obl~afion period, or prior to the 15-year obliqation period for a project within an Enterprise Community, and the Impact Fees must be paid in full Page 4 of 7 to the County. Any outstanding (i.e., as yet not repaid) Impact Fee amounts previously oaid under this Prooram will become due and oavable and must then be immediately repaid to the CountY in the event of sale or transfer prior to expiration of the Prog, ram 0bl~ation period. If not so re- paid~ the obligation will be a lien on the property under the followi~ subsection. 3. The payment of Impact Fees via the Fee Payment Assistance Pr0i:lram will constitute a lien on the eligible bu$ines.~'$ property which lien may be foreclosed upon in the event of non-compliance with the reauirements of the ARreemer)t The amount specif~J in an approved ARreement will serve as the amount of a lien a,qainst the development and the real property upon which the development is located. Neither the payment of Impact Fee~ nor the A,qreement providin,q for the payment of Impact Fees, may be transferred, assigned, credited or otherwise conveyed from the property without pdor written approval from the County. 4. The County's interest may be subordinated to all first mortRa,qes or other co-equal security interests, and will automatically be subordinate to the Owner's previously recorded first mort.claRe and/or any .qovernment funded affordable business loan such as the U.S. Small Business Administration (SBA) or the U.S. Department of A,qdculture (USDA) loan. 5. Upon satisfactory completion of all requirements of the ARreement, the County may record any necessary documentation evidencinq same, includin.q, but not limited to, a release of lien. The lien will not terminate exceot uPOn the recordin.q of a release or satisfaction of lien in the public records of Collier County. Such release will be recorded upon payment in full or satisfaction. 6. In the event the non-County party is in default under the AGreement. and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may brin,q a civil action to enforce the aqreement or declare that Proqram's payment of the Impact Fees not yet recouped and previously paid under this Proqram are thence- immediately due and payable. The Board is entitled to recover all fees and costs, irtcludin,q attomey's fees and costs, incurred by the County in enforcin,q the Aqreement, plus interest at the then maximum statutory rat~. for final iud~ments, calculated on a calendar day basis until paid. 7. Approved Aqreernents will be recorded in the Official Records of Collier County at no cost to the County. C. Termination The previsions of this article will expire and be void on October 1, 2008, unless continued by a vote of the Board of County Commission pdor to this date. Page 5of 7 blur lb Cuu,t Section 49-25. Pr~lram Eli,qibility Criteria. To be considered eliqible for approval under this Pro~lram, a business Or project must meet the criteria of one of the followinf:l, cateqories: 1. Be located within Eastern Collier County and meet the followin.q criteria: a. Type of business cof~ducted is within the Ta ,n~eted Industry List of the Economic Development Council of Collier County; and b. Creates a minimum often (10) new full-time jobs; and c. The newly created jobs pay an average wa,qe of at least 115% of the County's current private-sector averaqe wa.qe. 2. Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: a. Create a minimum of five new jobs; and b. The newly created jobs pay an averaqe waqe equal to or qreater than 50% of the County's current private-sector avera,qe waqe. 3. Be a H~h Impact proiect and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Tarqeted Industry List of the Economic Development Council of Collier County; and b. Creates a minimum of twenty (20) new full-time jobs; and c. The newly created jobs pay an averaqe waqe equal to or .qreater than 150% of the County's current private-sector avera.qe waqe. d. Each application for proqram participation must have approval by the Board of County Commissioners. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect tJ~e validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier' County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word 'ordinance' may be changed to 'section', 'article", or any other appropriate word. Page 6 of 7 NuY lb ~.uu.t SECTION FOUR: EFFECTIVE DATE. This Ordinance will immediately becon~ effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur; 1. the date of filing of this Ordir)ance w~h the Secretery of State; 2. the date of adoption of a Resolution by the. Collier County Community Redevelopment Agency (CRA): a) recommending the allocation of fifty percent (50%) of the Tax Increment Financing (TIF) funds associated with the qualifying eligible business to partially fund the Fee Payment Assistance Program; and b) not objecting to the use of a portion of those TIF funds no linger obligated to the Fund as a funding source for certain Board of County Commissioners' approved programs; and 3. the effective date of an ordinance by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in the Immokalee Enteq3rise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include the Immokalee Enterprise Zone in its entirety. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Flirida this day of ,2003. ATt'EST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: Patrick G. White Assistant County Attomey BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Page 7 of 7 huv lb4u~ ORDINANCE NO. 2003 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A FEE PAYMENT ASSISTANCE PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATE3; PROVIDING FOR APPUCABILITY AND PURPOSE; PROVIDING FOR A MAXIMUM PAYMENT AMOUNT AND MAXIMUM PARTICIPANT OBLIGATION PERIOD; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING FOR PROGRAM EMGIBIUTY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABIUTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base. all of which are very susceptible to economic cycles and downtums in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, Impact Fees present the greatest inhibition to economic diversification efforts due to the fact that they are the highest fees charged to new development; and WHEREAS, programs to offer relief for eligible new development or redevelopment projects from rising Impact Fee rates will contribute significantly to economic diversification efforts throughout the County by encouraging private sector investment thereby enabling local businesses to be more globally competitive, increasing local business expansion opportunities, and thus offering increased employment opportunities for Collier County residents; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose; and Page I of 7 huv I b o ud I. WHEREAS, the payment and collection of impact fees in Collier County are respectively covered by Section 74-202(g) and Section 74-501 of the Code of Laws and Ordinances of Collier County; and WHEREA~ on March 12, 2003, the Board directed staff to move forward with proposals for a 'toolbox' of economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: ARTICLE II FEE PAYMENT ASSISTANCE PROGRAM Section 49-20. Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the .qreatest extent authorized by Article VIII, Section l(f) of the Florida Constitution as may be implemented by an inte~ovemmental or interlocal a.qreement. Section 49-21. Purpose. The purposes of this article are to: (1) provide a performance-based prof~ram offerinq financial relief for el~ible tarqeted industry development or exPansion pro~ect- in Collier County to mit'.~qate the effects of risinq Impact Fee rates; (2) provide for the. economic well beinq of Collier County residents by providinq hi.qh-waqe employment opportunities in Collier County;, (3) lessen the seasonal cycle of Collier County's economy~ and (4) enc0uraqe investment opportunities for new or existin.q companie.~ thus increasinq and diversifyin.q the County's tax base. Section 49-22. Specific Definitions. When used in this article, the followin.q terms have the meaninq stated, unle~ the context clearly indicates otherwise. A. "Average Wage" is the annual rate paid to private-sector employees within Collier County, from hiqhest to lowest divided by number of persons employed full-time, as reported by private-sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on f'Kiures released by the Florida Aqency for Work'force Innovation. B. "Eastern Collier County" is that area of unincorporated Collier County that Page 2 of 7 Nuv i~c!~des those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels desiqnated as part of the .imm0kalee Rural. Federal Enterp **n.~e Community. C. "High Impact" is that desiqnation qiven to qualifyin.q economic development proiecta located outside of Eastern Collier Count,/and the Immokalee Rurat Federal Enterprise Community, D. "Impact Fee" means the fee imposed by the County pursuant to Section 74- 201 or, if applicable, the Alternative Impact Fee. E. "Rural Federal Enterprise Communit~ is that iurisdiction so des~nated by the U.S. Department of Agriculture as a multi-jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendr,/County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a desi,qnation by the State of Florida, pursuant to Section 290.001-290.016, Florida Statutes, F. "Tar.qeted Industry" is one that is aqqressi.ve!y pursued for relocation to, or expansion within, the local iudsdiction by the Economic Development Council of Collier County. It may include, but is not limited to, the followin,q industries: Aviation, Information Technology, Biomedical Manufacturinq, Corporate Headquarters, Research and Development, Wholesale Trade and Distribution, and businesses Iocatinq or expandin.q within the Immokalee Rural Federal Enterprise Community. Section 49-23. Fee Payment Assistance Pr~ram. General Requiremer~ts. Pursuant to the provisions set forth in this section, the County establishes a Fee Payment Assistance Program for the pawnent of Impact Fees for eliqible development projects, The Fee Payment Assistance Proqram will be el~ible to proiects located within commercial, industrial, business park, and technolo.qy park land uses. A. Application Process. Any business seekinq el~ibility for payment thmuqh the Fee Payment Assistance Program must file with the County Mana.qer an Application for payment prior to making the decision to locate or expand within Collier County. The Application must contain the followin.q: 1. The name and address of the business Owner, and 2. A current and complete legal description of the site upon which the project is p[oposed to be located; and 3. The type of business proposed, usin.q Standard Industrial Classification {SIC) or North American Industrial Classification Syst .em (NAICSI: and 4. The number of iobs to be created and retained as a result of the project; and 5. The averaqe waqe of those lobs created and retained; and Page 3of 7 hUV l0 cuu.t 6. The total capital investment of the expansion or relocation oroiect. includina land. buildinu, and eauiDment costs; and 7. The date (month and year) when the project will be substantially complete.. B. A~re~ment. If the pr .o~,o--~,ed Proiect meets the requirements for payment under the Fe~ Payment Assistance Proqmm as set forth in this article, the County Manaqer is authorized to enter into an a,qreement with the business Owner as set forth below. The Fee Payment Assistance Pro~1[am will pay no more than the amount of Impact Fees due pursuant to Section 74-202 of the Collier County Laws and Ordinances. Section 49-24. Implementation. A. Under this Fee Payment Assistance Proflram, the el',Ki!ble business will pay its tax bill in full to the Tax Collector's Office annually on or before the date it is due. The PrOf:lram obliqation period will be no Ionqer than ten (10) years if the project is !oce~_ted outside the Rural Federal Enterprise Community (hereinafter 'Enterprise Community"), or no Ionqer than f~teen (15) years if the Pmiect is located within the Enterprise Community. Companies located in a Hklh Impact area, that is an area outside the Enterprise Community and Eastem .Collier County, must be pre-approved for proqram participation by the Board of County Commissioners and, if so approved, are obliqated tO this proqram for a maximum of ten (10) years. Companies will be eli,qible for a maximum payment amount, not to exceed the cost of the above-described fees multiplied by the current millaqe rate then multiplied by either 10 (proiects located in areas outside the Enterprise Community) or 15 (proiects located within an Enterprise Community). Any payment mede under this proflram is subiect to fundin.q availability. A development proiect participatinq in the Fee Payment Assistance Proqram is not eliqible to also participate in the Properl~f Tax Stimulus Proflram that may be offered by the County. B. The eli.qible business under the Fee Payment Assistance Pm,qram will enter into a Fee Payment Assistance Prof:lram Aqreement (the Aqreement) with the County, and the Aqreement must provide for, as a minimum, the followin.q and will include such provisions as may be deemed necessary by the Board to effectuate the provisions of this article: 1. The leflal description of the development. 2. That the amount of the Impact Fees paid by the Pn:~lram will in all events become due and payable and shall be immediately re-paid to the County by the property owner if the property is sold or transferred without prior written approval from the County at any time after the first certif'~'-.ate of occ__~nancy has been ~-ed for the development and prior tO the 10- year obl~_t~n pedod, or prior to the 15-year obliqation Period for a proiect within an Enterprise Community, and the Impact Fees must be paid in full Page 4 of 7 buy Ib~ to the County. Any outstandin.q (i.e., as yet not repaid) Impact Fee amounts previously paid under this Pro~lram will become due and payable and must then be immediately repaid to the County in the event of sale or transfer prior tO expiration of the Proqram obr,~ation period. If not so re- paid, the obr,~ation will be a lien on the property under the follOWil~j subsection. 3. The payment of Impact Fees via the Fee Payment Assistance Pr ~Of:lram will constitute a lien on the eliqible business's propert~ which lien may be foreclosed upon in the event of non-compliance with the requirements of the Agreement. The amount specif~,d in an approved Agreement will serve as the amount of a lien aqainst the develoPment and the real property upon which the development is located. Neither the payment of Impact Fees~, nor the Aqreement providinq for the payment of Impact Fees, may be transferred, assiqned, credited or otherwise conveyed from the property without prior written approval from the County. 4. The County's interest may be subordinated to all flint mortqaqes or other co-equal security interests, and will automatically be subordinate to the Owner's previously recorded first mortqaqe and/or any .qovernment funded affordable business loan such as the U.S. Small Business Administration (SBA) or the U.S. Department of A,qdculture (USDA) loan. 5. Upon satisfactory completion of all requirements of the Agreement, the County may record any necessary documentation evidencinq same, includinR but not limited to, a release of lien. The lien will not terminate except upon the recordinq of a release or satisfaction of lien in the public records of Collier County Such release will be recorded upon payment in full or satisfaction. 6. In the event the non-County party is in default under the Agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner the Board may bring a civil action to enforce the a.qreement or declare that Proqram's payment of the Impact Fees not yet recouped and previously paid under this Pro~. ram are thence immediately due and payable. The Board is entitled to recover all fees and costs, includin.q attorney's fees and costs, incurred by the County in enforcinR the Aqreement, plus interest at the then maximum statutory rate for final iudqments, calculated on a calendar day basis until paid. 7. Approved ARreements will be recorded in the Official Records of Collie~ County at no cost to the County. C. Termination The provisions of this article will expire and be void on October 1, 2008, unless continued by a vote of the Board of County Commission prior to this date. Page 5 of 7 Section 49-25. Program Eligibility Criteria. To be cqnsidered eliqible for approval under this Program, a busing, ss or project must meet the criteria of one of the followin~ cateclories: 1. Be located within Eastern Collier County and meet the followin.q criteria: a. T~pe of business conducted is within the Tar,qeted Industry List of the Economic Development Council of Collier County; and b. Creates a minimum of ten (10) new fuji-time jobs; and c. The newly created iobs pay an average wa.cie of at least 115% of the County's currant private-sector average wa,qe. 2. Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the followinq criteria: a. Create a minimum of f'rve new jobs; and b. The newly created iobs pay an avera,qe ware equal to or ,qreater than 50% of the County's current private-sector avera,qe waqe. 3. Be a H',~h Impact proiect and be located outside the Enterprise Community and Eastern Collier Count? and meet the followin.q criteria: a. Type of business conducted is within the Tar,qeted Industry List of the Economic Development Council of Collier County; and b. Creates a minimum of twenty (20) new full-time iobs; and c. The newly created jobs pay an avera,qe waqe equal to or qreater than 150% of the County's current private-sector avera,qe waqe. d. Each application for program participation must have approval by the Board of County Commissioners. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more res~ctive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Cede of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word 'ordinance' may be changed to 'section', 'article', or any other appropriate word. Page6 of 7 buy lb ~.uu,.1 SECTION FOUR: EFFECTIVE DATE. This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may o~;ur: 1. the date of filing of this Ordinance with the Secretary of State; 2. the date of adoption of a Resolution by the Collier County Community Redevelopment Agency (CRA): a) recommending the allocation of fifty percent (50%) of the Tax Increment Financing (TIF) funds associated with the qualifying eligible business to partially fund the Fee Payment Assistance Program; and b) not objecting to the use of a portion of those TIF funds no longer obligated to the Fund as a funding source for certain Board of County Commissioners' approved programs; and 3. the effective date of an ordinance by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include the Immokalee Enterprise Zone in its entirety. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clen~ Tom Henning, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 7 of 7 EXECUTIVE SUMMARY 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 OBJECTIVE: Approve an ordinance creating the Property Tax Stimulus Program that would authorize payment to qualifying targeted industries locating or expanding in Collier County, based on their amount of ad valorem property taxes paid to the County annually. CONSIDERATION: On 3/12/03, the Board of County Commissioners held a public wOrkshop during which county staff and the Economic Development Council of Collier County (EDC) presented countywide economic incentive proposals for business recruitment and expansion purposes. Qualifying companies must meet pre-determined eligibility requirements to be considered for participation in any proposed program. The Board directed staff to further develop all six of the proposals presented, and bring these proposals back for formal consideration. Four of incentive programs were presented to the Board at the 9/9/03 regular meeting, with several revisions discussed. Staff was then directed to incorporate the suggested revisions and bring back all four revised proposals to the Board for further consideration at a future meeting. On October 14, 2003 the Board of County Commissioners, acting as the Commtmity Redevelopment Agency, approved item 16A(9) which directed staff to implement a program that utilizes a portion of the tax increment financing (TIF) funds allocated to the Immokalee Community Redevelopment Area (CRA) as a designated funding source for the Immokalee Residential Deferral Program, Property Tax Stimulus Program and Fee Payment Assistance Program, and directed staff to draft all required Ordinances and/or amendments necessary for implementation of the program for future consideration by the Board of County Commissioners. One of the proposals is a Property Tax Stimulus Program that will authorize payment to an eligible company in an amount equal to the ad valorem property taxes the company has already paid into the County for that taxable year. This is a performance-based program, and the company must make application to the program prior to making the decision to relocate or expand in Collier County. Each request for program participation would require a vote of the Commission The company would be required to meet pre-determined criteria to participate. If the eligible company locates on a parcel adjacent to or east of Collier Boulevard, designated as Eastern Collier County, the company must create a minimum of 10 full-time jobs that pay 115% of the County's private sector average wage, and fall within the EDC's established targeted industry list. If a company locates within the designated Immokalee Rural Federal Enterprise Community, they must create a minimum of 5 full- time jobs paying at least 50% of the County's private sector average wage. Ifa company locates within a newly designated High Impact area, that is, outside the Immokalee Enterprise Community and the Eastern Collier County area, the company must create at least 20 new jobs paying a minimum of 150% of the county's private-sector average wage. After the company has received its Certificate of Occupancy, the owner will submit written notice to the County Manager that the stated jobs are in place, which will be verified by the Prqgram Administrator. Once its ad valorem taxes are paid in full for that taxable year, ~he iliSmpm~?3r' submit a request for an authorized payment in an amount equal to the ad valorem ta~es they na~ lsaid'-- / I uv to the County's operating budget. The company must also submit a copy of an invoice verifying their tax bill has been paid in full. This request for payment may be submitted annually, up to 10 years, as long as the company retains its investment as a viable business, maintains the stated employment base, and the company's ad valorem tax bill remains current. Payment requests may be submitted annually for a period of up to 15 years for companies locating within the Immokalee Enteprise Community. Based on 'prior years' experience in working with targeted industry companies, we anticipate approximately 6-8 companies per year may meet the eligiblility requirements. Companies that qualify for this program will not be eligible to participate in the proposed Fee Payment Assistance program. Subsequent to the October 14, 2003 Community Redevelopment Agency meeting, on November 10, 2003 the Immokalee Community Redevelopment Area Advisory Board recommended the use of a portion of the TIF funds associated with the qualifying eligible businesses, above the five-percent (5%) retained by Collier County for administrative purposes, for the Property Tax Stimulus Program with the following distribution: Property Tax Stimulus Program - That ninety-five percent (95%) of the Tax Increment Financing (TIF) funds associated with qualifying businesses under the Property Tax Stimulus Program will be paid to the qualifying business rather than the Immokalee Community Redevelopment Area Trust Fund for a period of up to fifteen (15) years. The use of the TIF funds for the Property Tax Stimulus Program is only associated to the TIF funds that are generated by the eligible business qualifying and participating in the Property Tax Stimulus Program. It does not utilize TIF generated by any other development within the Immokalee CRA. In summary, 95% of the TIF funds attributed to the eligible business as a result of increased property taxes will be repaid to the eligible business for a period not to exceed 15 years. The existing TIF funds associated with existing properties will remain unaffected by this proposed program. Based upon the recommendation of this Board on September 9, 2003, the endorsement of the Community Redevelopment Advisory Board and the direction of the Community Redevelopment Agency, staff has prepared the necessary Ordinance Amendment (attached) which incorporates all recommended changes from the staff from the Clerk of Courts, the County Attorney's Office and County staff, as well as sugge.stions from the Community Redevelopment Advisory Board. FISCAL IMPACT: Based on companies assisted by EDC over the past several years that have constructed new industrial facilities, the average annual ad valorem property tax paid in to the County's operating budget is approximately $9,779 (the average size facility was 30,000 square feet). Based on this amount, payment of ad valorem property taxes by 8 new eligible companies would equate to approximately $78,232 collected per year. Once the 10-year payment period is complete, these property taxes will continue to be deposited into the County's operating budget if the company is located outside the jurisdiction of a designated Community Redevelopment Area (CRA). Costs associated with projects locating within a designated CRA will be offset by 95% of the TIF funds generated by the qualifying eligible business, which represents a portion of the tax increment financing (TIF) funds allocated to the Immokalee Community Redevelopment Area. Once the 15-year payment period is complete, these property taxes will continue to be deposited into the Immokalee Community Redevelopment Area's (CRA) trust account. The change in use of the TIF funds requires recommended approval by an affected CRA Advisory Board, a resolution approved by the Collie~ County Community Redevelopment Agency authorizing this change in use of TIF funds, approval by the Board of County Commissioners, and a pos$ibl~, change'.'t_o.the i"o' gF- i buy enacting ordinance that created the CRA which authorizes the use of TIF funds for specific types of programs. As noted earlier, on October 14, 2003 the Board of County Commissioners, acting in its capacity as the Community Redevelopment Agency, approved item 16A(9) which directed staff to implement a program that utilizes a portion of the tax increment financing (TIF) funds allocated to the Immokalee Community Redevelopment Agency (CRA) as a designated funding source for the Immokalee Residential Deferral Program, Property Tax Stimulus Program and Fee Payment Assistance Program, and directed staff to draft all required Ordinances and/or amendments necessary for implementation of the program for future consideration by the Board of County Commissioners. On November 10, 2003 the Immokalee Community Redevelopment Area Advisory Board unanimously recommended the use of the portion of the TIF funds associated with new development, above the five- percent (5%) retained by Collier County for administrative purposes, for the property tax stimulus program with the following distribution: Property Tax Stimulus Program - That ninety-five percent (95%) of the Tax Increment Financing (TIF) funds associated with qualifying businesses under the Property Tax Stimulus Program will be paid to the qualifying business rather than the Immokalee Community Redevelopment Area Trust Fund for a period of up to fifteen (15) years. Based upon the recommendation of this Board on September 9, 2003, the endorsement of the Immokalee Community Redevelopment Area Advisory Board and the direction of the Community Redevelopment Agency, staff has prepared the necessary Ordinance Amendment (attached) which incorporates all recommended changes from the staff from the Clerk of Courts, the County Attorney's Office and County staff, as well as suggestions from the Immokalee Community Redevelopment Area Advisory Board. In order to continually monitor the fiscal impacts of this program, the Program Administrator, will produce quarterly reports as to the program's status and each project's direct and indirect economic impact. JUSTIFICATION: On a typical size project that creates 40 new jobs paying an average wage of $34,500 (115% of current average wage), with an initial capital investment of $2.5 million by the eligible company, the direct local economic impact is estimated to be $3.8 million per project. GROWTH MANAGEMENT IMPACT: Economic enticements will help to achieve the goals of the Economic Diversification Program approved by the Board in January 1997. These goals include the desire for the County to become economically competitive and increase the number of high-wage, year round jobs available to Collier County residents while strengthening the role for local government in fostering and sustaining economic growth. RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance effective upon satisfaction of the requirements set forth by Section Four of the proposed Ordinance. buy I 0 cuu~ SUBMITTED BY: REVIEWED BY: REVIEWED BY: ~ger Community Redevelopment Section Stan Litsinger, Direc~r ~~amnent Denton Baker, Director Department of Financial Administration and Housing DATE: DATE: ,]/--' ] ~ ~ ~ APPROVED BY: / / Joseph K. Schrnitt, Administrator CoJm~unity Development and Environmental Services DATE:/~,/~/,~ ORDINANCE NO. 2003 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, ESTABLISHING A PROPERTY TAX STIMULUS PROGRAM AVAILABLE TO EUGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED RELOCATION AND EXPANSION CO~T,5; PROVIDING FOR A MAXIMUM PAYMENT PERIOD; PROVIDING FOR APPLICABIUTY AND PURPOSE; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING FOR PROGRAM ELIGIBILITY CRITERIA; PROVIDING'FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles arid downtums in the economy; arid WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose by encouraging private sector investment thereby increasing local business expansion opportunities thus increasing employment opportunities for Collier County residents; arid WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a ~toolbox' of economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUld'Y, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Cede of Laws and Ordinances as follows: Page I of 6 ARTICLE IV. PROPERTY TAX STIMULUS PROGRAM Section 49-40. Applicability. 'This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the qreatest extent authorized by Article VIII, Section 1 (f~ of the Florida Constitution as may be implemented by an interqovemmental or inteflocal a,q[reement. Section 49-41. Purpose, The purpose of this article is to: (1) provide a performance-based program offerinq financial assistance for eliqible targeted industp/ development or expansion proiects in Collier County to miti.qate the effects of risin.q costs associated with these proiects: (2} provide for the economic well beinf:l, of Collier County residents bv Drovidin_q_ hiclh-wa~le employment opportunities in Collier CountY: (3~ lessen the seasonal cycle of Collier County's economy; and (4~ encouraqe investment opportunities for new or existing companies thus increasin.q and diversifying the County's tax base. Section 49-42. Specific Definitions. When used in this a~cle, the followinR terms have the meanings below, unless the context dearly indicates otherwise: A. "Average Wage" is the annual rate paid to private-sector e.mployees w.ithin Collier CQunty, from hiqhest to lowest divided by number of persons employed full-time, as reported by private-sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on fiqures released by the Florida Aqency for Workforce Innovation. B. 'Eastam Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adiacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community. C. "High Impact" is that desiqnation given to qualifying economic development pro~ located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. D. "Rural Federal Enterprise Community" is that iurisdiction so des',~lnated by the U.S. Department of Agriculture as a multi-iurisdictional entity including Immokalee (census tra-r~--112.04, 112.05, 113, 114), pads of Hendw County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a desiqnation by the State of Flonda, pursuant to Section 290.001-290.016, Florida Statutes, E. "Ta[~c.--'~d Industry" is one that is aQ(iressively pursued for relocation to, or Page 2 of 6 [? , expansion within, the local iurisdiction by the Economic DeveloPment Council of {~ollier C{;~nl~. It may include, but is not limited to the followina industries: Aviation, Infom3ation Technology, Biomedical, Manufactu~in.q, Corporate Headquarters, Research and Development, VVholesale Trade and DistributJon~ and companies Iocatin~ or expandin~ within the Immokalee Rural Federal Enterprise Community. Section 49-43. Property Tax Stimulus Proflr~m. General Requirements, Pursuant to the provisions set forth in this section, the Counb/establishes a Property Tax Stimulus P ~n:~qram pmvidinQ oavments (hereinafter the 'payment') to offset the costs associated with the relocation and/or expansion of tarqeted industries. The payment is a local option economic incentive for new or expandinq businesses that may be approved at the sole discretion of the Board Su..biect to the criteria for such prelects set forth below. The payments shall not accrue to improvements to real property made by or for the use of new or expandin.q businesses when such improvements have been assessed and included on the tax rolls of the calendar year preceding the effective date of the agreement specifmally approvin.q the business as eliqible, as provided in Section 49-44 herein. A. Application Process. Any business owner seekinq eliqibility throu.qh the Property Tax Stimulus Prof:lram (Proqram) will file an Application with the County Mana.qer requesfin.q participation in the Pro~ram. The Application will be filed prior to the business owner makin.q the decision to locate or expand within Collier County. The Application must contain the followinq: 1. The name and address of the business Owner; and 2. A current and complete le~l. al description of the site upon which the pro~u't is proposed to be located; and 3. The type of business proposed, usinq Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and 4. The number of iobs to be created and retained as a result of the project; and 5. The avera.qe wa.qe of those iobs created and retained; and 6. The total capital investment of the expansion o~' relocation project, includin.q land, buiidinq, and equipment costs; and 7. The date (month and year) when the proiect will be substantially complete. B. A.qreement. If the proposed proiect meets the requirements under the Pro, ram as set forth in this article, the Board may choose to approve participation by, and make payments to, a new or expandin.q business. No precedent shall be implied or inferred by such payments when made to a new or expandin~i business. Applications for participation will be considered by the Board on a case-by-case basis for each application. Page 3 of 6 Section 49-44. Implementation. A. The eliqible business will notify the County Manac~er. in writinft, when all of their efl3pleyment obliqations are rne~ in year one and, in subsequent years, that their employment base is still viable, which is then verified by the Count~ Mana~, ~r. The c~npan¥ will pay its tax bill in full to the Tax Collector's Office annually on or before the date it is due. Under this proclram, applicants are not eliqible to pay their taxes on an installment basis. The applicant will then submit a copy of their ad valorem property tax payment receipt to the Count'/Manager verifyinq all taxes have been paid in full and on time. Upon receipt, and verification of compliance with the terms of this Article and corresponding approved Aqmement, payment to the applicant will be authorized within 60 days. B. No payment will be authorized for improvements to real property made or tanqible personal property added before the Board approves an initial a.qreement qrantin(~ such payment, Additionally, payment will only be made based upon the amount of ad valorem taxes levied by the County, and then paid by the eliqible business. The payment amount will not include the amount of any taxes or special assessments levied by a municipality, school district or water mana.qement district, or to such taxes or special assessments levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to Section 9 and Section 12, Article VII of the State Constitution. A proiect participafin.q in the Property Tax Stimulus Prof:lram is not eli.qible to also participate in the Fee Payment Assistance Proqram that may be offered by the County~ C. Under this Prcoram, any payment approved may apply to 100 percent of the assessed value of all improvements to real property made by, or for the use of, a new business and of all tanq!ble personal property of such new business, or up to 100 percent of the assessed value of all added improvements to real property made to facilitate the expansion of an existinR business, and of the net increase in all tanqible personal property acquired to facilitate such expansion of an existinR business. The payment period may be up to ten years from the date of issuance of the first Certificate of Occupancy for a buildinq occupied by an eliqible business. D. All approved businesses under the Property Tax Stimulus Proqram will enter into a Property Tax Stimulus Pro, ram ARreement (the ARreement) with the County, and the A.qreement must provide for, at a minimum, the followinR and will include such provisions deemed necessary by the Board to effectuate the provisions of this article: 1. The leq, al description of the proiect. 2. Neither the requirement for payment of ad valorem propert,/taxes, nor the Aqreement providin.q for the payment of such taxes, may be transfe~Ted, assiqned, credited, or otherwise conveyed separate from the property without prior written approval from the County. Page4 of 6 3. Approved Aqreements will run with the land, and will be recorded in the Official Records of Collier County at no cost to the Countv. E. If the property which is subject to an approved A,qreement is delinquent in the payment of its annual taxes or special assessments at .any time within the payment period, then any outstandinR balance othen~ise el~ible to be paid under this PrOf:lram will not be made unless and until all outstandinq ad valorem property taxes and special assessments are paid in full. F. Termination The provisions of this article will expire and be void on October 1, 2008, unless continued by a v~te of the Board of County Commission prior to this date. Criteria. Section 49-45. Program Eligibility Criteria. To he considered eliqible for approval under this Pro<3ram. a business or project must meet the criteria of one of the followinq cateqories: 1. Be located within Eastem Collier County and meet the fo!lowin;I criteria: a. Type of business conducted is within the Tarqeted Industry List of the Economic Development Council of Collier County; and b. Creates a minimum of ten (10) new full-time jobs; and c. The newly created lobs pay an avera.qe wa.qe of at least 115% of the County's current private-sector avera.qe wa.qe. 2. Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the followinq criteria: a. Create a minimum of five new jobs; and b. The newly created jobs pay an averaf:le wa.qe equal to or qreater than 50% of the County's current private-sector averaqe waqe. 3. Be a Hiqh Impact project and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Tarqeted Industry List of the Economic Development Council of Collier County; and b. Creates a minimum of twenty (20) new full-time jobs; and c. The newly created iobs pay an avera.qe waqe equal to or .qreater than 150% of the County's CU~Tent private-sector avera.qe wa.qe. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent iurisdiction, such portion will be deemed a separate, distinct and independent provision and Such holdin.q will not affect the validity of the remainin.q portions. Page 5 of 6 SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a Part of the Code qf Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may b~_ renumbered or relettered to accomplish such, and the word 'ordinance' may bq. r, ha~cd to "~;l~0n't *artJdc't or any obher appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will immediately become effective upon the last date of occurrence of all three of the followin.q events, re,qardless of the order in which they may occur:. 1. the date of filinq of this Ordinance with the Secretary of State[ 2. the date of adoption of a Resolution by the Collier County Community Redevelopment Aqency (CRA): a) recommendirq:l the a!location of ninety-five percent (95%) of the Tax Increment Financinf:l. ('I'IF) funds associated with the qualifvinQ eliciible business to partially fund Property Tax Stimulus Proqram; and b) not obiectin.q to the use of a portion of those TIF funds no Ionqer obliqated to the Fund as a fundin.q source for certain Board of County Commissioners' approved pro~irams; and 3. the effective date of an ordinance by the Board of County Commissioners adopfinq appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eliqible business located in the Immokalee Enterprise Zone and expandinq the boundaries of the Immokalee Redevelopment Area to include the Immokalee Enterprise Zone in its entirety. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ,2003. ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. Deputy Clerk By: Approved as to form and legal sufficiency: Tom Henning, Chairman Patrick G. White Assistant County Attomey Page6 of 6 I NOV 1 21 3 ORDINANCE NO. 2003 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A PROPERTY TAX STIMULUS PROGRAM AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED RELOCATION AND EXPANSION COST3; PROVIDIN6 FOR A MAXIMUM PAYMENT PERIOD; PROVIDING FOR APPUCABIMTY ANO PURPOSE; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING FOR PROGRAM EUGIBILITY CRITERIA; PROVIDING'FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and. in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downtums in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose by encouraging private sector investment thereby increasing local business expansion opportunities thus increasing employment opportunities for Collie~ County residents; and WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a 'toolbox' of economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUHTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: Page I of 6 ARTICLE IV. PROPERTY TAX STIMULUS PROGRAM Section 49.-40. Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the .qreatest extent authorized by Article VIII, Section l(f') of the Florida Constitution as may be implemented by an interqovemmental or intedocal aqreement. Section 49-41. Purpose. The purpose of this article is to: (1) provide a performance-based pro~ram offerinq financial assistance for el~ible ta ,n:leted industry development or expansion proiects in Collier County to mitiqate the effects of risin.q costs associated with these proiects; (2) provide for the economic well bein.q of Collier County residents by orovidin~_ hiqh-waqe employment opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and (4) encoura.qe investment opportunities for new or existin.q companies thus increasinq and diversi~inq the County's tax base. Section 49-42. Specific Definitions. When used in this article, the followinR terms have the meanin.qs below, unless the context clearly indicates otherwise: A. 'AveraRe Wage" is the annual rate paid to private-sector employees within Collier County, from h'.~hest to lowest divided by number of persons employed full-time, as reported by private-sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on fiRures released by the Florida A.clency for Workforce Innovation. B. "Eastern Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adiacent to, and east of, Collier Boulevard, except for those parcels desi.qnated as part of the Imm0kalee Rural Federal Enterprise Community. C. "High Impact" is that desi.qnation qiven to qualifyin.q economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. D. "Rural Federal Enterprise Community" is that iurisdiction so desi,qnated by the U.S. Department of A.qriculture as a multi-iurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendw County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterp~se Zone boundaries, a desiqnation by the State of Florida, pursuant to Section 290.001-290.016, Florida Statutes, E. "Tar~leted Industry" is one that is a.~oressively pursued for relocation to, or Page 2 of 6 NOV I 21 3 expansion within, the local jurisdiction by the Economic Development Council of Collier County. It ma*/incl~e, but is not limited to the fpllowina industries: Aviation, Information Technolo~ly, Biomedical, Manufacturir~:l, Corporate Headquartem, Research and Development, Wholesale Trade and DistfibutJon~ and companies IocatinR or expandin,q within the Immokalee Rural Federal Enterprise Community. Section 49-43. Property Tax Stimulus Pro~ram. General Requirements. Pursuant to the provisions set forth in this section, th~ CountY ~t~h!i-?J'te$ a Property Tax Stimulus Prooram providincl payments (hereinafter the 'payment') to offset the costs associated with the relocation and/or expansion of tarpleted industries. The payment is a local option economic incentive for new or expandin,q businesses that may be approved at the sole discretion of the Board subject to the criteria for such projects set forth below. The payments shall not accrue to improvements to real property made by or for the use of new or expandinq businesses when such improvements have been assessed and included on the tax rolls of the calendar year precedin,q the effective date of the aqreement specifically app~oving the business as eli,qible, as provided in Section 49-44 herein. A. Application Process. Any business owner seekinq eli,q!bility throuqh the Property Tax Stimulus Proqram (Proqram) will file an Application with the County ManaRer requestin.q participation in the PrOf:lram. The Application will be filed prior to the business owner makinq the decision to locate or expand within Collier County. The Application must contain the followinR: 1. The name and address of the business Owner; and 2. A current and complete leqal description of the site upon which the proiect is proposed to be located; and 3. The type of business proposed, usin,q Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and 4. The number of lobs to be created and retained as a result of the proiect; and 5. The avera.qe waqe of those iobs created and retained; and 6. The total capital investment of the expansion or relocation project, includinR land, buildinq, and equipment costs; and 7. The date (month and year) when the project will be substantially complete. B. A,qreement If the proposed project meets the requirements under the Pro~iram as set forth in this article, the Board may choose to approve participation by, and make payments to, a new or expandin,q business. No precedent shall be implied or inferred by such payments when made to a new or expandinq business. Applications for participation will be considered by the Board on a case-by-case basis for each application. Page 3 of 6 Section 49-44. Implementation. A. The el~ible business will notify the County Manaqer, in writin.q, when all of their employment obliqations are met in year one and, in subsequent years, that their employment base is still viable, which is then verified by the County Man ,a~er. The company will pay its tax bill in full to the Tax Collector's Office annually on or before the date it is due. Under this prof;ram, applicants are not eliqible to pay their taxes on an installment basis. The applicant will then submit a copy of their ad valorem property tax payment receipt to the County Manaqer verifyinq all taxes have been paid in full and on time. Upon receipt, and verification of compliance with the terms of this Article and corresPondinR approved A;ireement, payment to the applicant will be authorized within 60 days. B. No payment will be authorized for improvements to real property made or tangible personal property added before the Board approves an initial a.qreement Rrantinq such payment, Additionally, payment will only be made based upon the amount of ad valorem taxes levied by the County, and then paid by the eli.qible business. The payment amount will not include the amount of any taxes or special assessments levied by a municipality, school district, or water manaqement district, or to such taxes or special assessments levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to Section 9 and Section 12, Article VII of the State Constitution. A project participatin.q in the Property Tax Stimulus Prof~ram is not er.Klible to also participate in the Fee Payment Assistance Pro~. ram that may be offered by the County. C. Under this Pro~lram, any payment approved may aoolv to 100 percent of the assessed value of all improvements to real property made by, or for the use of a new business and of all tan.qible personal property of such new business, or up to 100 percent of the assessed value of all added improvements to real property made to facilitate the expansion of an existinq business, and of the net increase in all tan.qible personal property acquired to facilitate such expansion of an existin~i business. The payment period may be up to ten years from the date of issuance of the first Certificate of Occupancy for a buildinq occupied by an eli.qible business. D. All approved businesses under the Property Tax Stimulus Proqram will enter into a Property Tax Stimulus Proqram ARreement (the ARreement) with the County, and the Aqreement must provide for, at a minimum, the foliowinR and will include such provisions deemed necessary by the Board to effectuate the previsions of this a~cle: 1. The legal description of the proiect. 2. Neither the requirement for payment of ad valorem property taxes, nor the ARreement providinR for the payment of such taxes, may be transferred, ass'.a:lned, credited, or otherwise conveyed separate from the property without prior written approval from the County. Page4 of 6 3. Approved A,qreements will run with the land, and will be recorded in the Official Records of Collier Count~ at no cost to the County. E. If the property which is subiect to an approved A,qreement is delinquent in the payment of its annual taxes o~' special assessmen~ts at any time within the payment Poriod~ then any outstandin,q balance othenvise eliqible to be paid under this Pro, ram will not be made unless and until all outstandin.q ad valorem property taxes and special assessments are paid in full. F. Termination The provisions of this article will expire and be void on October 1, 2008, unless continued by a vote of the Board of County Commission prior to this date. Criteria. Section 49-45. PrOf:lram Eligibility Criteria. To be considered eli.qible for approval under this Pro~ram, a business or project must meet the criteria of one of the followinq cateqodes: 1. Be located within Eastern Collier Counb/and meet the followinq criteria: a. Type of business conducted is within the Tar.qeted Industry List of the Economic Development Council of Collier County; and b. Creates a minimum of ten (10) new full-time jobs; and c. The newly created jobs pay an averaqe wa.qe of at least 115% of the CountY's current private-sector averaqe wa.qe. 2. Be located within the boundary of the Immokalee Rural Federal Enterprise, Community and meet the followinq criteria: a. Create a minimum of five new iobs; and b. The newly created iobs pay an average waQe e~ual to or qreater than 50% of the County's current private-sector avera,qe wa.qe. 3. Be a Hiqh Impact project and be located outside the Enterprise Community and Eastern Collier County and meet the followin.q criteria: a. Type of business conducted is within the Tarqeted Industry List of the Economic Development Council of Collier County; and b. Creates a minimum of twenty (20) new full-time jobs; and c. The newly created jobs pay an averaqe waqe equal to or qreater than 150% of the County's current private-sector avera,qe wa.qe. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is heid invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and ~uch holdinq will not affect the validity of the rernainin,q portions. Page 5 of 6 SECTION THRI=F INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to he made a part of the Code of Laws and. Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word 'ordinance' may be r,,ha~cd to '~ection', 'article', or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will immediately become effective upon the last date of occurrence of all three of the followinR events, reqardless of the order in which they may occur: 1. the date of filinf:l, of this Ordinance with the Secretary of State; 2. the date of adoption of a Resolution by the Collier County Community Redevelopment A.qency (CRA): a) recommendinq the allocation of ninety-fwe percent {95%) of the Tax Increment Financin¢i. (-I'IF) funds associated with the qualif~in(~ eli(lible business to partially fund Property Tax Stimulus Proqram; and b) not ob~-ttin,q to the use of a portion of those TIF funds no Ion.qer obl~ated to the Fund as a fundin.q source for certain Board of County Commissioners' approved proc], rams; and 3. the effective date of an ordinance by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eliqible business located in the Immokalee Enterprise Zone and expandinq the boundaries of the Immokalee Redevelopment Area to include the Immokaiee Enterprise Zone in its entirety. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of ,2003. A'I-rEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Approved as to form and legal sufficiency: Tom Henning, Chairman Patrick G. White Assistant Count~ Attomey Page6 of 6 NOV 1 a 2003 EXECUTIVE SUMMARY 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, AS AMENDED, BY ESTABLISHING A DEFERRAL PROGRAM FOR THE IMMOKALEE AREA TO REDUCE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES OBJECTIVE: Board of County Commissioners adoption of an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, as amended, the same being 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. CONSIDERATIONS: On June 11, 2003, a BCC ~vorkshop was held to discuss the report from Robert Charles Lesser & Company, LLC, regarding the Analysis of the Effectiveness and Fiscal Impact of Economic Development Incentives, which was prepared for the Immokalee Community Development Corporation. As a result of the xvorkshop, staff was directed to develop a deferral program for owner-occupied dwellings in the Immokalee area for consideration and adoption by the Board ,~f County Commissioners. On July 29, 2003, at the regular meeting of the Board of County Commissioners, staff presented an Ordinance Amendment to the CIFO that outlined a residential deferral program for the Immokalee area, as recommended in the above-mentioned Charles Lesser & Company LLC report. However, this Board directed staff to return on September 9, 2003 xvith the proposed Ordinance Amendment for consideration along with the other Economic Development Incentive items also discussed at the June 11, 2003 workshop. At the July 29, 2003 meeting staff recommended disapproval of the proposed Ordinance because it was determined that the program, as written, ~vould significantly impact the County's ability to provide adequate funding for capital projects necessitated by growth. Additionally, an un-funded deferral program may compromise the legality of the County's Consolidated Impact Fee Ordinance (CWO). On September 9, 2003, at the regular meeting, staff returned to this Board with the above- mentioned Ordinance Amendment, as directed, and a draft alternative Ordinance Amendment that proposed the use of a portion of the tax increment financing (TIF) funds allocated to the Immokalee Community Redevelopment Area to fund the deferral program. The Board directed staff to obtain the necessary approvals and legal reviews in order to implement the alternative program and upon such approval return to the Board of County Commissioners with the Ordinance Amendment for the Immok~ I~ l~Pqicl~ntiM A~A ITEM Deferral Program for consideration. NOV 1 8 2003 CIFO Amendment lmmokalee Deferral Program Page 2 On October 14, 2003 the Board of County Commissioners, acting as the Community Redevelopment Agency, approved item 16A(9) which directed staff to implement a program that utilizes a portion of the tax increment financing (TIF) funds allocated to the Immokalee Community Redevelopment Agency (CRA) as a designated funding source for the Immokalee Residential Deferral Program, Property Tax Stimulus Program and Fee Payment Assistance Program, and directed staff to draft all required Ordinances and/or amendments necessary for implementation of the program for future consideration by the Board of County Cormnissioners. On November 10, 2003 the Immokalee Community Redevelopment Area Advisory Board recommended the use of a portion of the TIF funds associated to the new development, above the five-percent (5%) retained by Collier County for administrative purposes, for the residential deferral program with the following distribution: 1) Immokalee Residential Impact Fee Deferral Program - 95% of the TIF funds generated by the clualifvine residential development. The use of the TIF for the deferral program is only associated to the TIF funds that are generated by the homes qualifying and participating in the deferral program. It does not utilize TIF generated by any other development within the Immokalee CRA. Based upon the recommendation of this Board on September 9, 2003, the endorsement of the Community Redevelopment Advisory Board and the direchon of the Community Redevelopment Agency, staff has prepared the necessary Ordinance Amendment (attached) which incorporates all recommended changes from the staff from the Clerk of Courts, the County Attorney's Office and County staff, as well as suggestions from the Community Redevelopment Advisory Board. The specifics of the program are as follows: · Eligibility Criteria I. The dwelling unit must be within the geographic boundaries of the Immokalee Enterprise Zone, which is lmmokalee Census Tract Numbers 112.04, 112.05, 113 and 114. (map attached). 2. The dwelling unit must be owner-occupied and must be the homestead of the owner. 3. The maximum sale price of the proposed qualifying dwelling unit will not exceed $175,000. 4. The total annual household income, from all sources, may not exceed one hundred thousand dollars ($100,000). The impact fee deferral would be implemented by an agreement which would stand in lieu of payment of all impact fees until the qualifying development is sold, transferred, or refinanced. The first to occur of such events would trigger the impact fees to be due and payable to the Impact Trust Funds, the CRA and Collier County General Fund, respectively. AGr. no~a NOV 1 8 2003 CIFO Amendment Immokalee Deferral Program Page 3 · 1. 2. 3. Sunset Provision Unless officially extended by the Board of County Commissioners, the deferral program would automatically sunset after three years. Application Fee Payment of a non-refundable Application Filing Fee, in the amount of $300.00, is required prior to the recording of the deferral agreement. The fee will fund the support and monitoring of the program as well as any costs associated with the recording of documents and any other administrative costs that may be incurred. Penalties (for Program violations) Cross referenced to Section 74-501 of the CIFO, which outlines the provisions for the collection of impact fees in default. Impact Fees are considered delinquent if not paid in full within thirty (30) days of the fee being due. Upon becoming delinquent the fees are immedialcly due and payable, including a delinquency fee of 10% of the total fee and apphcable statutory interest, on a calendar day basis until paid in full, dating back to the date of the deferral agreement. Violations of the program include, but are not limited to: sale of the qualifying home for an amount greater than $175,000, loss of homestead or not being owner- occupied, annual household income greater than $100,000, or any other breach of the contract (deferral agreement) by the non-County party. Number of Homes The funding mechanism outlined through this Ordinance Amendment provides for the construction of an estimated one hundred twenty-six (126) homes in Year 1 of the program, based upon utilizing the $500,000 General Fund contribution (budgeted for economic incentives) and 95% of the TIF funds associated to the new development over approximately eleven (11) years. Year 2 and Year 3 of the program provide for an additional 126 homes per year (average), but will require an annual dedication of General Fund revenue. Therefore the number of new homes in Years 2 and 3 is subject to the availability of funding. AGEI~ .A ITEM NOV 1 8 2003 CIFO Amendment Immokalee Deferral Program Page 4 GROWTH MANAGEMENT IMPACT: The deferral program will be funded partially by a portion of the TIF funds generated by the qualifying residential units and allocated to the Immokalee CRA, in addition to funding from the General Fund (outlined below). Therefore, although there will additional demand placed on the various Public Facilities related to the population growth, the qualifying developments will pay their fair share of the cost associated to providing necessitated capital improvements. FISCAL IMPACT: The Immokalee Residential Deferral Program as proposed, will be funded by two sources, as follows. The Program requires funding from the County General Fund in the amount of $500,000 for the first year of the program, which is included in the FY04 budget for Economic Incentives in Immokalee. The $500,000 County contribution will provide a funding source for the impact fees in excess of the TIF contribution. Year Two and Year Three of the Program will require additional annual funding. In addition to the County's funding contribution, the Immokalee CRA will provide funding through the use of the TIF associated to the qualifying dwelling units. The qualifying party will enter into a deferral agreement with Collier County and the deferral agreement will stand in lieu of payment of the applicable impact fees. A re- payment period of eleven years (11) would require a 95% per year transfer of the TIF funds associated to each qualifying dwelling unit from the CRA Trust to the applicable Impact Fee Trust Fund(s). When the term of deferral is complete, either by TIF and General Fund payments or the obligation to pay being realized through the sale, transfer or re-financing of the subject development the applicable impact fees will have been paid in full. However, the lien on the subject property will remain until the property is sold, transferred or refinanced, at which time the amount of the impact fees will be repaid to the CRA Trust Fund and General Fund on a pro rata basis. The Immokalee Residential Deferral Program will function in a manner similar to Collier County's program for the deferral of impact fees for Affordable Housing rental units. Rental units receive a deferral fi'om impact fees for a maximum period of six (6) years and nine (9) months and at the end of the term of the deferral the applicable impact fees are paid to the County in full. The Immokalee Residential Deferral Program also utilizes a deferral agreement, however a portion of the deferred impact fees are paid back to the County on a yearly basis from an allotment of the TIF funds allocated to the Immokalee CRA and a portion of the General Fund revenue budgeted and allocated to this program. Therefore, the term of the deferral period for the Immokalee Residential Deferral Program is estimated to be eleven years (11), unless repayment is required sooner due to sale, transfer, re-financing, or violation of the terms of the program. The fiscal impact associated to this Ordinance Amendment is related to the payment of impact fees over time and the potential impact on capital project funding. However, the requirement to pay the applicable impact fee is not waived, therefore, each ~ aalifying development will be required to pay its fair share ofthe~'cost of capital infrastruc~ are Aar.~/O~,rrV. M NOV 1 8 2003 Pi. Lf CIFO Amendment lmmokalee Deferral Program Page 5 RECOMMENDATION: That the Board 'of County Commissioners adopts the attached Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, effective upon satisfaction of the requirements set forth by Section Four of the proposed Ordinance. Prepared by: ordinator Reviewed By: ~ei° H. Denton Baker, Director Financial Administration and Housing Date: JJ"'J~"-(~ Approved b y:~ Date: ,mmunity De'.' ~!~pment and Environmental Services Division NOV 1 8 2003 ORDINANCE NO. 2003 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE), ESTABLISHING A DEFERRAL PROGRAM FOR THE IMMOKALEE AREA TO REDUCE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES BY PROVIDING FOR IMPACT FEE DEFERRALS, EACH DEFERRAL FOR A PERIOD OF TIME ENDING WHEN THE RESPECTIVE PROPERTY IS SOLD, TRANSFERRED OR REFINANCED; PROVIDING FOR ELIGIBILITY CRITERIA; PROVIDING FOR LIMITATION TO THE GEOGRAPHIC BOUNDARIES OF THE IMMOKALEE ENTERPRISE ZONE; PROVIDING FOR A SPECIFIED FUNDING MECHANISM; PROVIDING FOR THE PROVISIONS TO SUNSET AFTER THREE YEARS UNLESS OTHERWISE EXTENDED; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, on March 13, 2001, the Board adopted Ordinance No. 2001-13, the "Collier County Consolidated Impact Fee Ordinance," the same being Chapter 74 of the County's Code of Laws and Ordinances, which repealed and superceded, in their entirety, all of the County's previous impact fee regulations; and WHEREAS, impact fee rates continue to increase in Collier County to accommodate growth; and WHEREAS, the Board desires to promote and foster the availability of affordable workforce housing in the Immokalee area; and WHEREAS, the Immokalee Enterprise Zone is also a Rural Federal Empowerment Community and is in need of local incentives to promote economic development and affordable workforce housing; and WHEREAS, programs to offer relief for new development from the increased impact fee rates will contribute significantly to additional, new affordable workforce housing in Immokalee; and WHEREAS, by providing an allocated funding source for the deferral program the County's ability to provide improvements/and or additions to Public Facilities will not be jeopardized. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. A new Article II, Subsection (g) in Section 74-201 of Collier County Ordinance No. 2001-13, as amended, is hereby created to read as follows: (_Cl). Irnmokalee Enterprise Zone Deferral Area. (1) Pursuant to the provisions set forth in this Subsection the Court shall defer the payment of impact fees for all owner-occupi~_ dwellinq units within the geographic boundaries of the Immokale Enterprise Zone, which is United States Census Tracts numbe~ ! Underlined text is added; struck through text is deleted. Ac, rd,..~4Tr. M NOV 1 8 2003 pg. ~ (2) (3) 112.04, 112.05, 113 and 114 (the Immokalee Census Tract). Such provisions will automatically sunset three (3) years from the effective date of the amendment establishin.q these provisions unless otherwise officially extended by the Collier County Board of County Commissioners. The deferral program will be funded by budgeted and appropriated general revenue and from a portion of the incremental revenue generated by ad valorem property taxes associated to the c~uali~in;! development, subject to the availability of funding, and all re-payments to satisf7 liens, as well as any applicable interest, due to default from the program, shall be general revenue and the Community Fund. paid back proportionally to Redevelopment Area Trust As used in this subsection, (.q) of Section 74-201, "Qualifying development," means an owner-occupied dwelling unit and its associated lot or land. "Sale" includes each and every voluntary and/or involuntary sale of any part of the fee title to any part of the real property that is subject to the respective deferred Impact Fees (as described in the agreement). "Transfer" includes each and every transfer, voluntary or involuntary (including transfer by court order or order of any administrative agency or administrative body, and including whether the transferee is a government or a.qency of a .qovernment, excepting only the followin.q: Transfer of fee title of the property from one ori.qinal tenant by the entireties to the other original tenant by the entireties; Transfer of any part of the fee title between (or amonq) the original ioint tenants, or between or among the ori.qinal tenants in common. "Refinancing" includes any extension of the payment term or any increase in the amount financed, of any od.qinal mortgage(s) or other financing document that has as security for the payment obligation any fee title to the real property that is subject to the deferred Impact Fees. "Original" refers to the parties to the relevant document on the effective date (4) of the applicable Impact Fee deferral agreement. Notwithstanding anything in this subsection (.q) of Section 74-201, the Director of the Financial Administration and Housing Department of Community Development and Environmental Services Division may waive the triqcledn.q of the obligation to pay deferred Impact Fees due to a sale, a transfer or refinancing if, in the judgment of the Director, the respective sale, transfer or refinancing is of such a nature as not tc justify that the deferred Impact Fees should become due an¢ payable because of the sale, transfer, or refinancin~ Any Person seeking an impact fee deferral for a proposed owner - occupied dwelling unit, wholly within the Immokalee Enterprise 2 Underlined text is added; *..truck thrcuGh text is deleted. AOE~DA ITi~ NOV I 8 2003 pj. ~7 (5) (6) Zone, shall file an application for deferral with the County Mana_qer prior to receivinq any Building Permit for any such proposed Development. The application fOr deferral must contain thc followinq: a. The name and address of the property owner; and b. A current and complete legal description of the site upon which the qualifying development is proposed to b~- located. c. Notarized affidav;t affirminq that the maximum sale price of the proposed qualifyin.q development will not exceed $175,000. Applicants enterinq into a deferral a.qreement and subsequently sellin.q the qualifying development for more than $175,000 may be subject to the collection provisions provided for in Article V, Section 74-501, includinq delinquency fees and interest datinq back to the effective date of the deferral agreement. d. Proof of qualifl/inq income level, which is less than or equal to one hundred thousand dollars ($100,000) annual household income from all sources. e. Payment of a non-refundable Application Filing Fee in the amount of three hundred dollars ($300.00) If the proposed qualifying development meets the requirements for a deferral, as listed below, the County Manager may enter into an impact fee deferral a.qreement with the Owner. The requirements to enter into a deferral aqreement are as follows: a. The qualifying development must be owner-occupied. b. The qualifying development must be the homestead of the owner(s). c. The unit is sold to a buyer(s) with a total annual household income from all sources of less than or equal to one hundred thousand dollars ($100,000). d. The maximum sale price of the qualifying development must never exceed $175,000. The impact fee deferral agreement shall stand in lieu of payment of impact fees pursuant to Section 74-202 of this Article, which impact fees would otherwise be due and payable as a prerequisite to the issuance of the Buildinq Permit(s) for that Development but for thn deferral agreement. The deferral agreement must contain thr, followinq provisions: a. The name and address of the property owner; and b. The correct legal description of the affected property, which is the property that will be subject to lien and be subject to foreclosure; and 3 Underlined text is added; struck thrcugh text is deleted. AGF. NOA_..ITEM NOV 1 8 2003 c. That such payment shall be without interest only if the a.qreement has not been breached by the non-County party thereto at any time in the deferral period, but shall be subiect to interest retroactively to the effective date of the agreement if the agreement is breached by the non-County party thereto; and d. That the deferred impact fees shall be due and payable, and shall be paid to the County upon the first occurrence of any of the following:, when any part of the affected real property is sold, or is transferred, or is refinanced, and in any such event the deferred impact fees shall be paid in full to the County not later then the closing of the sale, or not later then the effective date of the transfer, or before the refinancing becomes final; and e. That such impact fees shall automatically become a lien on the affected propertv (the property described in the legal description noted above), and shall be due and payable (and may be foreclosed upon by the County) if and when there is any breach of the a.qreement by the non-County party thereto; and f. That the qualifying development must remain owner- occupied and homesteaded and any chan.qe in the status of the occupation or loss of homestead will constitute a breach in the aqreement and impact fees will be considered to be in default and immediately due and payable, including any applicable interest, in accordance with this section and the collection provisions set forth by Section 74-501 of this Chapter; and .q. That the recorded agreement shall serve as an obligation to pay the deferred impact fees that runs with the affected property and that such obligation shall terminate upon the County recording in the public records of Collier County a release or full satisfaction of the lien, and that release or satisfaction will be recorded by the County upon payment to the County in full of all of the deferred impact fees; and h. That neither the deferred impact fees nor the a.qreement providing for the deferral of Impact fees shall be transferred, assigned, credited, encumbered, or conveyed from the property, and that the deferral of impact fees and the Agreement shall run with the land; and i. That upon satisfactory completion of all requirements of the agreement by the non-County party thereto, the County 4 Underlined text is added; struck Lhrcu.~h text is deleted. AGE. NO~(TEM NOV 1 8 20".3 p~. (~ shall record all necesSary documentation evidencin.q satisfactory completion of the a,qreement, and any such lien shall terminate upon the recordinq of a release or full satisfaction of lien in the public records of Collier County. Such release shall be recorded upon payment in full of the impact fees; and The agreement shall be bindin~ upon the property Owner's, its successors and assigns; and k. That the agreement shall be recorded in the Official Records of Collier County and the a,qreement shall not be effective until it is so recorded. I. That if the non-County party is in a non-curable default under the agreement, or if the default is curable and the curable default is not cured in full within thirty (30) dav.~ after written notice to do so provided to the Owner by the County, the Board may bdn.q a civil action to enforce the deferral agreement and that the Board shall be entitled recover all fees and costs, including attorney's fees and expenses incurred by the County in enforcinq the agreement, plus interest, at the then maximum statutory rate for final jud.qments, calculated on a calendar day basis until paid in full. In the event that interest should beqin to accru~ because the non-County party breaches the agreement, such interest shall accrue retroactively back to the commencement date of the respective impact fee deferral agreement. (7) Prior to the issuance of a certificate of occupancy for a qualifying dwelling unit the applicant must also provide a copy of the executed sale~ contract to the county manager demonstrating a clualifving sales pdce. A ,:_:...j)_v...of the closing statement demonstrating a qualifying sales price will be p, cvided to the county manager within ten (10) days of the closing of the sale of each qualifying dwelling unit. (8) Applicants enterinq into any other impact fee deferral programs will not be eligible for deferral of impact fees through the provisions set forth by Subsection (g). (9) The County's interest in the impact fees will automatically bn subordinated to the owner's first mort.qa.qe and/or any government funded affordable housinq loan such as a SAIL or HOME loan. SECTION TWO, CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court 5 Underlined text is added; struc~ thrcuGh text is deleted. NOV 1 8 2003 IO of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be re-numbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other al~propriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur:. 1. the date of filing of this Ordinance with the Secretary of State; 2. the date of adoption of a Resolution by the Collier County Community Redevelopment Agency (CRA): a) recommending the allocation of specified Tax Increment Financing (TIF) funds associated to qualifying developments participating in the Immokalee Residential Impact Fee Deferral Program, to be repaid when the home is sold, transferred or re-financed and b) not objecting to the use of a portion of those TIF funds no longer obligated to the Fund as a funding source for certain Board of County Commissioners' approved programs; and 3. the effective date of an ordinance by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds to implement the Immokalee Residential Impact Fee Deferral Program and expanding the boundaries of the Immokalee Redevelopment Area to include the Immokalee Enterprise Zone in its entirety. Underlined text is added; ,~tru~~- through text is deleted. NOV 1 8 2003 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Flodda this ~ day of ., 2003. DATE: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By:. Deputy Clerk Tom Henning, Chairman Approved as to form and legal sufficiency Patrick G. White Assistant County Attomey 7 Underlined text is added; *-,,-~- *~- ..... ~, ' s ........... ~., text ~s deleted. NOV 1 8 2003 IMMOKALEE RESIDENTIAL DEFERRAL PROGRAM DEFERRAL AGREEMENT LIEN ON PROPERTY ESTIMATED (AVERAGE) IMPACT FEES $'!0,652 FUNDING SOURCE: GENERAL FUND $500,000 PER YEAR/126 HOMES ($3,977 PER HOME = SHORTFALL FROM TIF CONTRIBUTION) FUNDING SOURCE: 95% OF TIF ASSOCIATED TO NEW HOME ESTIMATED - $667 PER YEAR $6,675 OVER 10 YEARS \ IMPACT FEES PAID IN FULL LIEN REMAINS UNTIL HOME IS SOLD, TRANSFERRED, ETC. UPON SUCH, FEES ARE RETURNED TO THE GENERAL FUND AND CRA NOV 1 8 2003 A. PA~-FERSON, NOV 1 8 2003 ; , IMMOKALEE RESIDENTIAL DEFERRAL PROGRAM ASSUMING USE OF 95% OF THE TIF ASSOCIATED TO THE NEW HOME Yr I Deferral Agreement $10,652 Yr I GF Prat. (1/10 shortfall) to IF Tr. ($398) Yr 2 Homeowner pays taxes CRA (TIF) pmt to IF Tr. GF Prat. (1/10 shortfall) to iF Tr. ($667) ($398) Yr 3 Homeowner pays taxes CRA (TIF) pmt to IF Tr. GF Prat. (1/10 shortfall) to IF Tr. ($667) ($398) Yr 4 Homeowner pays taxes CRA (TIF) pmt to iF Tr. GF Pmt. (1/10 shortfall) to IF Tr. ($667) ($398) Yr 5 Homeowner pays taxes CRA (TIF) pmt to IF Tr. GF Pmt. (1/10 shortfall) to IF Tr. ($667) ($398) Yr 6 Homeowner pays taxes CRA (TIF) pm! to IF Tr. GF Pmt. (1/! shortfall) to IF Tr. ($667) ($398) Yr 7 Homeowner pays taxes CRA (TIF) pmt to IF Tr. GF Pmt. (1/10 shortfall) to IF Tr. ($667) ($398) Yr 8 Homeowner pays taxes CRA (TIF) prat to IF Tr. GF Prat, (1/10 shortfall) to IF Tr. ($667) ($398) Yr 9 Homeowner pays taxes CRA (TIF) prat to IF Tr. GF Prat. (1/10 shortfall) to IF Tr. ($667) ($398) Yr 10 Homeowner pays taxes CRA (TIF) pmt to IF Tr. GF Prat. (1/10 shortfall) to IF Tr. ($667) ($398) Yr 11 Homeowner pays taxes CRA (TIF) prat to IF Tr. ($667) $o IYear of Sale of the Home Homeowner pays CRA Homeowner pays GF To satisfy Lien $6,675 $3,977 $10,652 (Lien remains on the property) A. PA3-1'~ERSON T475 T465 ~ ~ 0 1' 47 S I T 46 5 DATE: TO: THRU: FROM: RE: MEMORANDUM October 20, 2003 / James V. Mudd, County Manager Joseph Schmitt, Administrator, CDS Michael Pettit, Chief Assistant County Attorney Th°mas C. Palmer, Assistant C°unty Att°rney Impact Fee Credits for Existing Building or Structure RLS MGR 03101720 This memorandum replies to the following Request for Legal Services. Question: A building or structure is constructed and issued its Certificate of Occupancy before a Collier County Ordinance required payment of impact fees. The then existing building or structure is to be remodeled or structurally altered and requires a Collier County building permit. Is Collier County required to grant the building or structure impact fees credits? Answer: The County, treating such building or structure as a unified whole, must credit all impacts existing before the remodeling or structural alterations to determine whether the remodeling or structural alterations result in additional net increases to each respective impact. Impact fees can lawfully be charged only for the resulting net increase to each respective development impact. The leading Florida case regarding the legality of impact fees is styled Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So.2d 314 (Fla. 1976), where Florida's Supreme Court held: "Raising expansion capital costs by setting connection charges [impact fees] which do not exceed a pro rata share of reasonably anticipated costs of expansion, is permissible where expansion is reasonably required, if use of the money collected is limited to meeting the costs of expansion." [Italics by the Court]. · ~ Impact fees must bear a reasonable relationship to the capital costs of the improvements required by new development and the respective capital improvements must adequately benefit the new development which is the source of the impact fees. Home Builders and Contractors Association of Palm Beach County, Inc., v. Palm Beach County, 446 So.2d 140 (Fla. 4th DCA 1983). The judicial decision styled City of Tarpon Springs v. Tarpon Springs Arcade Limited, Fla. 585 So.2d 324 (Fla. 2d DCA 1991) involved the City's water and wastewater impact fees paid by the hotel's developer in 1978 for a hotel that was constructed in the 1920s. In 1976 the City of Tarpon Springs adopted its first Impact Fee Ordinance. in 1987 the old hotel was remodeled and its uses changed. The City required Impact fees in the amount of $11,554 and refused to grant impact fee credits for the structure's demand on the City's water and wastewater systems as those demands existed in 1976 - when the City's water and sewer Impact Fee Ordinance was first enacted. The City staff calculated the water and wastewater impact fees piecemeal, square foot by square foot. The City could not prove that applying the mix of new uses, that the structure, as remodeled, could potentially equal or exceed the sum total of the structure's equivalent impacts that existed when the City's Water and Sewer Impact Fee Ordinance was originally enacted in 1976. The Court of Appeals held that as a matter law the City was mandated to treat the structure as a single unit and grant impact fee credits by means of actual use computations until such time as, in fact, it is apparent that the new or extended uses raised to a level of warranting the imposition of the prescribed fee for such new water or wastewater impacts, or both. An impact fee that has no nexus or logical bearinq on actual impact is an unlawful tax. In City of Punta Gorda v. Bumt Store Hotel, Inc., 639 So.2d 679 (Fla. 2nd DCA 1994) the Court of Appeals acknowledged that City of Tarpon Springs v. Tarpon Springs Arcade Limited stands for the proposition that structural change alone is an insufficient basis for an impact fee without showing additional usage [upon the impacted facilities]. In Burnt Store a hotel that was operating for the preceding twenty (20) years was purchased by a new owner and although the new owner did not change the use of the hotel, the City proved that increased occupancy at the hotel would create additional demand on the City's water system. As a result the City billed the Burnt Store Hotel $154,000 in impact fees. The Court of Appeals held tha~t .no impact fees were due because the City could not prove that the change in ownership required additional capital expenditures by the City and, therefore, the impact fees were illegal taxes. In City of Zephyrhi/ls v. Johnnie Jolene Wood, 831 So.2d 223 (Fla. 2nd DCA 2002), a new owner purchased an abandoned auto repair business and changed the building's use to a sports bar, and in the process added new additional plumbing facilities to facilitate use as the sports bar. The Court of Appeals acknowledged that under Burnt Store increased usage alone does not support an impact fee, and that under Tarpon Springs Arcade Limited, structural changes to a building, without more, will not support impact fees, but in Zephyrhills the City proved that the structural changes themselves resulted in additional net demand on the City's water and wastewater systems. Therefore, the impact fees charged based upon proven new additional net demand on the City's water and wastewater systems were lawful impact fees, and not unlawful taxes. The Zephyrhills impact fees were not charged solely due to a change in use and a change in ownership, but were based upon proven additional net demand on the impacted utility systems. Cc: David C. Weigel, County Attorney h:tcp/Memo03/ Impact Fee Credits for Ex~sting Building or Structure 10-20-03 MEMORANDUM DATE: TO: FROM: SUBJECT: November 12, 2003 Jim Mudd, County Manager Tom Henning, Chairman Commissioner, District 3 November 18, 2003, Agenda Item 9A Attached please find four pages of information that I would appreciate you include as backup material for the November 18, 2003, Agenda Item 9A. It is my opinion that you should give credit where credit is due; however, I have difficulty accepting the fact that we are crediting impact fees where impact fees were never originally paid on existing structures. It is my intent to have the Commissioners direct our staff to amend the Consolidated Impact Fee Ordinance to be more conservative than the current liberal interpretation as seen in past court cases (attached examples). Thank you for your assistance in this matter. Tom Henning, Chairman Commissioner, District 3 TH:mst attachments Permit a) b) #2002102934 - Uptown Center d) The existing structures, three single-family homes, were constructed prior to 1985, therefore no impact fees were required to be paid on the existing structures. The new construction, a shopping center, consists of 19,768 square feet of retail space. An offset of $6,107.94 was calculated for the existing structures based upon the single-family rates in effect at the time of the building permit application for the new structure. Additional impact fees (Road, Jail and EMS) totaling $95,512.60 were paid for the change of use/increase in sq. ft. Permit #2002081085 - USA Stor-A-Way a) The existing structures, a Retail building and an Auto Repair, were constructed prior to 1985, therefore no impact fees were required to be paid on the existing structures. b) The new construction, a Mini-Warehouse, consists of 85,563 square feet. c) An offset of $28,146.41 was calculated for the existing structures based upon the rates in effect at the time of the building permit application for the new structure. d) Additional impact fees (Road, Jail and EMS) totaling $27,871.31 were paid for the change of use/increase in sq. ft. City of Naples - 900 5th Avenue South a) The existing structure, a bank building, was constructed prior to1985, therefore no impact fees were required to be paid on the existing structure. b) The new construction contains a bank and residential units. c) An offset of $120,687.28 xvas calculated for the existing structure based upon the (bank) rate in effect at the time of the building permit application for the new structure. d) Additional impact fees (EMS, Parks, Library and School) totaling $26,748.91 were paid for the change of use. UPTOWN CENTER 19,768 SHOPPING CENTER DRAFT ROAD IMPACT FEES New Structure- Retail (19,768 Sq. Ft.) Less Previous Structure - 3 S/F Homes ROAD AMOUNT ASSESSED RATE PER 1000 MULTIPLIER $3,838.00 x 19.768 = $75,869.58 $1,825.00 x 3.000 = ($5,475.00), TOTAL $70,394.58 EMS IMPACT FEES New Structure - Retail (19,768 Sq. Ft.) Less Previous Structure - 3 S/F Homes EMS TOTAL AMOUNT ASSESSED RATE MULTIPLIER $197.00 x 20 $93.00 x 3 RATE PER SQ. FT. CORRECTIONAL FACILITIES IMPACT FEES New Structure - Retail (19,768 Sq. Ft.) $1.0920 Less Previous Structure - 3 S/F Homes $117.98 CORRECTIONAL FACILITIES TOTAL AMOUNT ASSESSED MULTIPLIER x 19,768 x 3 = $3,894.3O = ($279.00), = $21,586.66 = ($353.94), $3,615.30 $21,502.72 TOTAL IMPACT FEES DUE $95,512.60" ;I X X X 0 0 II II o~ II II II X X X 900 5th Avenue South Antaramian Development Corporation Information on demolished building: Address: 900 5th Avenue South Classification of Occupancy: Commercial- Bank Square Footage: 14,931 square feet Information on replacement building: Address: 900 5th Avenue South Classification of Occupancy: Mixed Use - Commercial - Bank/retail and Residential - Condominiums Square Footage: Commercial - 6,583 square feet Residential - 14 units ~ approximately 1,790 square feel each Credits for demolished bank building Type of Fee Rate Calculation $ Total (credit) Road $6,636.00 per 1000 $6,636.00 x 14.931 $99,082.12 Bank: Walk-in rate square feet EMS $121.00 per 1000 $121.00 x 14.931 $ 1,806.65 Bank: Walk-in rate square feet Jail $1.3260 per square $1.3260 x 14,931 $19,798.51 Office rate foot Total Credits I $120,687.28 Applicable fees for new building Type of Fee Rate Calculation $ Total Road $11,125.00 per 1000 $11,125.00 x 6.583 $73,235.88 Bank: Drive-in square feet Road $1,512.00 per $1,800.00 x 14 $21,168.00 Multifamily dwelling unit 1-2 stories EMS $106.00 per 1000 $106.00 x 6.583 $ 697.80 Bank: Drive-in square feet EMS $104.00 per $104.00 x 14 $1,456.00 Multi-family dwelling unit 1500-2499 sq. ft. Jail $1.3260 per square $1.3260 x 6,583 $ 8,729.06 foot Jail $117.98 per $117.98 x 14 $ 1,651.72 Residential dwelling unit Community Parks $571.02 per $571.02 x 14 $ 7,994.28 dwelling unit Regional Parks $249.82 per $249.82 x 14 $ 3,497.48 d~velling unit Librar~ S238.00 per S238.00 x 14 $ 3,332.00 1500-2499 sq. ft. dwelling unit ~ School $827.00 per i $827.00 x 14 $11,578.00 Multi-family dwelling unit Type of fee Road A ~plicable fees for new building less credits Calculation ($73,285.88 + 21,168.00) - 99, 082.12 = EMS ($697.80 + 1,456.00) - 1,806.65 = Jail Community Parks Regional Parks Library School ($8,729.06 + 1,651.72) - 19,798.51 = $ 7,994.28 - 0.00 = $ 3,497.48 - 0.00 = $ 3,332.00 - 0.00 = $11,578.00 - 0.00 = $ Total (Net Fee) $ 0.00 - credit exceeds fees for new construction $ 347.15 $ 0.00 - credit exceeds fees for new construction $ 7,994.28 $ 3,497.48 $ 3,332.00 $11,578.00 I Total Impact Fees $26,748.91 EXECUTIVE SUMMARY APPOI2qTMENT OF MEMBER(S) TO THE BLACK AFFAIRS ADVISORY BOARD OBJECTIVE: To appoint 2 members to vacant positions; 1 term to expire on June 25, 2005 and 1 term to expire on June 25, 2006 on the Black Affairs Advisory Board. CONSIDERATIONS: The Black Affairs Advisory Board has 2 vacancies. This 9-member committee identifies and evaluates problems unique to the Black Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. A list of the current membership is included in the backup. Ms. Carolyn D. Spatta resigned her position on October 23, 2003 and there is currently 1 other vacancy. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. ]AntoineL. Washington ]N/a t2 1¥~, l No.¢ Eloy Ricardo N/a [ 2 [ Yes [ None COMMITTEE RECOMMENDATION: No recommendation due to a lack of a quorum. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: NOVEMBER 18, 2003 '"'-A-GENDA ITEM -- NOV 18 2003 Public Services Division Memo DATE: November 3, 2003 TO: FROM: Sue Filson, Executive Manager John Dunnuck, Public Services Administrator,~-/~. SUBJECT: BAAB Advisory Board Members Further to your memo of September 15, 2003, we would like the BCC to appoint the latest two applicants (Antoine L. Washington and Eloy Ricardo) to the BAAB. While we would typically ask the BAAB for its approval, we have not had a quorum within the allotted 45 day deadline. Thanks so much for your assistance. Please let me know if you require any additional information. /JD AGENDA, ITEM Black Affairs Advisory Board Name Work Phone Appt'd Exit. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Rufus H. Watson 403-0355 5501 Rattlesnake Hammock Rd., #208 352-2782 Naples, FL 34113 E-M~ail: District: 1 Category: 12/02/97 06/25/01 4 Years 06/26/01 06/25/05 4 Years Ms. LaVeme C. Franklin 7705 Kiwi Place Naples, FL 34112 E-i~[aih District: 1 Category: 352-2868 04/11/00 06/25/03 3 Years 09/10/03 06/25/07 4 Years Ms. Marian Thompson 284 Sabal Lake Drive Naples, FL 34104 E-Mail: District: 3 Category: 348-3335 04/11/00 06/25/01 I Year 06/26/01 06/25 4 Years Ms. Mary Linda Sanders 354 Dover Place, #103 Naples, FL 34104 E-Mail: District: 4 Category: 649,-4483 09/10/03 06/25/07 4 Years Ms. Jodi Bisogno 659 108th Avenue, N. Naples, FL 34108 E-Mail: District: 2 Category: 262-8923 597-3943 01/14/03 06/25/06 4 Years Friday, September 12, 2003 Page 1 of 3 AGEND IT M -- --,,' 2003 - Black Affairs Advisory Board Name Ms. Irene Williams 4555 25th Court, S.W. Naples, FL 34116 E-Mail: icywilliams~aoi.com District: 3 Category: Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 09/10/03 455-5033 06/25/07 Mr. Garry Pierrot P.O. Box 74 Naples, FL 34146 E-Maih District: 1 Category: Ms. Carolyn D. Spatta 5564 Foxhunt Way Naples, FL 34104 E-~ail: District: 4 Category: 394-3900 01 /14/03 C>42-1499 659-2785 10/09/01 06/25/06 06/25/05 VACANT 06/25/0~ 4 Years 4 Years 4 Years E-Mail: District: Category: Frida. v, September 12, 2003 Page 2 of 3 AGEND,~ ITEM NO. 76 ~0~/ 1 8 2003 Black Affairs Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 9 member board was created on May 14, 1991, by Ord No. 91-38 & 91-77, to identify and evaluate problems unique to the Black Community, review and recommend ways to ensure open communication between minorities and Collier County Government and provide pedodic reports to the Board of County Commissioners. Amended on 08/13/91 by Ord. 91-77 to increase membership from 7 to 9 member. Terms are 4 years. FL STAT none Staff.. John Dunnuck, Public Services Administrator:. 774-8468 Friday, September 12. 2003 Page 3 of 3 AGENDA. ITEM NO. ~ MEMORANDUM DATE: September 15, 2003 1'O: FROM: Elections Office ~ Sue Filson, Executive Manage Bo~d of Co,,~nty Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me ~know if those listed below are registered voters in Collier County. Al~o, please list the comanission district in which each applicant resides. BLACK AFFAIRS a r~x/Tqc~Ry BOARD Antoine L. Washington v(~ ,~/>--? [")~ Eloy RJcardo ~mnd .~ ...... 533 I~= ~n~ ~ Naples, ~ 34108 ~9 COMMISSION DISTRICT ( ? .? Thank you for your help. ^GENDA ITEM dCl? l ~ ' pg. '~ · :,,~ z M O R AN D U M DATE: TO: FROM: September 15, 2003 Jo!m Dm, mucM Public Services Ad~ministrator Sue Filson, Executive Manage,r'~ ' Board of Co ~unW Commissionem Black Aff~..-s Ad,:~o~:; Board As you know, we currently have vacancies on the above-referenced advisory committee. A press rele~e was i~sued requesting cit2ens interested M se~'mg on th;.~s committee to submfit a resume for consideration. ! have attached the resumes received tbr your re-~q, ew as follows: Antoine L. Washington P.O. Box 110285 Naples, FL 34i 08 Eloy Ricardo 533 i02nd Naples, FL o410o Please let me know, in writing, the recommendation tbr appointment of the advisory committee v.~.tb&n the 41 ,&ay tLme-~--2~e, and ! :Mi! prep,,~o ~ executive sumama'y 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 yom' a~ention to ~ matter. SF Anachmems AGF. NDA IT£M 0 2003 q - -, .... ~--~.~. ......... ,~,, ~-,uv,at.,,y ~urnmI~xee$/taoaras Page I of 2 Board of County C. ommissi~neo~ ..... ~.. .t, 3.301 East Tnm~ami Trail ';~'-"--,:7.~";~-'--~--.' a i~';'~, t Application for Advisory Committee/Boards Home Address: '~o. '~ox {10~ Zip Code: Fax No. Busln~sPhone- ~L'~ ~ ~ ~ W ~ -, Board or Commi~ Applied ~or: ~ ~, ~. ' ~=~('~.. _ ' ' · . .~r, cn*~nmen~, lay ~ ~ Are you n ~ered voter in Coll;~ Count: Yes ,/ No Do you currently bold public office ? Yes No if~. -hat g ~nt omce? Do you now serve, or have you ever served, on a Collier County board or Committee? If yes. please [NI the committees/boards: Yes No ~ Please list your community activities (civic clubs, nelghboorhood associations, etc.) and positions held: I I ^G~A. IjEM ~ !8 2003 l'lea,~e attach mm odditio.al hrformation .... &.,t _..-~, ..... .. . . 'Pg'~ ~plicanon Ia 041 774.S602 ~e- ' ...... ,~,_.~au Iamt.~ I[att. ~ap/e.t .~ 3,1]12. tf you wi.O,, plea.~ fax ~,m (Tc~n~. ~ . mml to ~efil.~o~cot ,~. ~t. I ~tc ~u f~ t'olt~teering lo ,v~e thc ~'zen ~ ~f ('~}~ h~p://w~, co. eollier, fl.us&c~advis~%20 applicafi~.h~ 9/4/2~3 Board of County Commissioners 3301 ga_vt TamiaMkTrail, ~apl~, FL 341i2' (941) 774 ~-8~9. 7 Fax: (941} 774-3i60~ F~ N~ - ~7~Vo~Bmi~ Phone: ~ ~ ~- ~' ~mU addr~s: ~ you a ~t~ed voter h Co]Her Ceun~*: Yes Do you cnr~nt~ hold pahHe flffice? Yes No ffsa~ ~ is tk~ If ye% ~ ~ thc Application for Advisory Committees/Boards 5 Please list yom, eommuntt~ a~tiviUes (ctvi~ elnbs, neighborhood as~ci~flons, etc. nmi postrion.~ _ rr;e_.,~_~, o~ ~r+~+ ,,'qot,,,'.~.e,.-y co~.,.,,~_,./ ,o'-.-.,,~..,~__/,..r '' · ~c ~ /1 ' - ~ - ~ Zq3 ~,:V 18 2003 EXECUTIVE SUMM LRY APPOINTMENT OF MEMBER(S) TO THE VANDERBILT BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEF. OBJECTIVE: To appoint 2 members to serve 4-year terms, expiring on November 13, 2007, on the Vanderbitt Beach Beautification MSTU Advisory Committee. CONSIDERATIONS: The Vanderbilt Beach Beautification MSTU Advisory Committee was established on July 31, 2001 by Ordinance No. 2001-43. This 5-member committee will aid and assist the BCC in carrying out the purposes o£the MSTU, to prepare and recommend to the BCC an itemized budget for the MSTU and recommend work programs and priorities to the County Manager.. Members must be permanent residents within the MSTU. After initial appointments, terms will be 4 years. A list of the current membership is included in the backup. The terms for Betty Jane Savard-Boyer and Carol Wright expired on November 13, 2003. A press release was issued and resumes were received from the following 6 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. William Llewellyn Schmidt Resides within MSTU 2 Yes None Charles K. Weyi Resides within MSTU 2 Yes None Alan J. Yarusevich Resides within MSTU 2 Yes None Carol Wright - reappt Resides within MSTU 2 Yes Vanderbilt Bch MSTU Joseph Connolly Resides within MSTU 2 Yes None Joseph D. Gammons Does Not Reside within MSTU 3 Yes None COMMITTEE RECOMMENDATION: Carol Wright - reappointment William Llewellyn Schmidt - new appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE · RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: NOVEMBER 18, 2003 AGEND~ITEM 8 2003 pg. I Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Bob Petersen, Project Manager Landscape Operations Date: November 6, 2003 Subject: Vanderbilt Beach Beautification MSTO Advisory Committee The Vanderbilt Beach Beautification MSTU held a specially scheduled meeting on November 5, 2003 at 1:00 p.m. at the Saint Johns Catholic Church annex building at 625 111th Ave. At this meeting the committee considered the resumes of 6 applicants, William Llewelleyn Schmidt, Charles K. Weyl, Alan J. Yarusevich, Carol Wright, Joseph Connolly, and Joseph D. Gammons. One candidate, Joseph D. Gammons was determined to live outside the boundaries of the MSTU. The committee voted to retain Carol Wright, and also the committee felt that although the other four candidates were all well qualified, Mr. William Llewellyn Schmidt would be the best candidate, as his residence location would help keep the committee geographically balanced. By a vote of 4 to 0 for Carol Wright, and a vote of 3 to 1 for William Llewellyn Schmidt the committee recommends these to candidates to the Board of County Commissioners to fill the 2 open seats on this committee. cc: Diane B. Flagg, Director, Traffic Operations and Alternative Transportation Modes Transportation Services Division Traffm Opexalion~ & Alternative Transportation Modes AGENDA ITEM Vanderbilt Beach Beautification MSTU Advisory Committee .Name Mr. Charles C. Arthur 239 Channel Drive Naples, FL 34108 District: 2 Category: Resident Work Phone Appt'd E-rno. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 09/24/02 11/13/04 2 Years 594-8958 Ms. Betty Jane Savard-Boyer 479 Palm Court Naples, FL 34108 D£~trict: 2 Category: Resident 594-1977 11/13/01 11/13/03 2 Years Mr. Richard E. Lydon 450 Tradewinds Avenue Naples, FL 34108 District: 2 Category: Resident 597-2746 11/13/01 11/13/05 4 Years Ms. Carol Wright 9362 Gulfshore Drive Naples, FL 34108 District: 2 Category: Resident 597-9503 01/08/02 11/13/03 2 Years Mr. Alvin Martin, Sr. 9790 Gulfshore Drive,/t306 Naples, FL 34108 District: 2 Category: Resident 514-3067 01/08/02 11/13/04 3 Years lVednesday, September 25. 2002 Page I of 2 AGENDA iTEM Vanderbiit Beach Beautification MSTU Advisory Committee iVame Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was established on July 31, 2001 by Ordinance No. 2001-43 to aid and assist the BCC in carrying out the purposes of the MSTU, to prepare and recommend to the BCC an itemized budget for the MSTU and recommend work programs and priorities to the County Manager. Members must be permanent residents ~thin the MSTU. After initial appointments, terms will be 4 years. FL STAT Chapter 125, I65 & Staff.. Ed Kant, Transportation Operations: 774-8494 It/ednesda~,, September 25.. 2002 Page 2 of 2 MEMORANDUM DATE: October 6, 2003 TO: FROM: Elections Office Sue Filson, Executive Manager~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem 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. VANDERBILT BEACH BEACH ADV COMM COMMISSION DISTRICT W' "flliam Llewellyn Schrnidt 405 Pine Avenue Naples, FL 34108 Charles K. Weyl 478 Willett Avenue Naples, FL 34108 Alan J. Yarusevich 495 Tradewinds Avenue Naples, FL 34108 Carol Wright 9362 Gulfshore DrL Naples, FL 34108 Joseph Connolly 10633 Gulfshore Drive 6-N Naples, FL 34108 Joseph D. Gammons 185 SUpping Stone Lane Naples, FL 34119 Thank you for your help. AGENDA~ITEM .... MEMORANDUM DATE: October 6, 2003 TO: FROM: Bob Petersen, Project Manager,~sc, ape Maintenance Sue Filsom Executive Manage~ Board of County Commissioners Vanderbilt Beach Beautification MSTU Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: William Llewellyn Schmidt 405 Pine Avenue Naples, FL 34108 Charles K. Weyl 478 Willett Avenue Naples, FL 34108 Alan J. Yarusevich 495 Tradewinds Avenue Naples, FL 34108 Carol Wright 9362 Gulfshore Drive Naples, FL 34108 Joseph Connolly 10633 Gulfshore Drive 6-N Naples, FL 34108 Joseph D. Gammons 185 Skipping Stone Lane Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi'ame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDa. ITEM r,,u 8 003 2395968522 3301 ~ Ta~_ i~m; T~u~ N~ph~, FL 34112 (94~) ~74-~97 ~ (94D LEW SCHMZDT P~GE 81 App~lication for Advisory Committees/Boards No :e :yem m~w,,~,~ m' lmve yms ever ~rv~k ~ a Coll~' Comity board oa. commim~? Ye~ 'lease list your community a~tivitk~s (civic clubs, neighborhood associatious, ~c. and positions eld: AGENDA ITEM ~0/03/~003 09:49 2395968522 LE~ SCHMIDT P~6E 82 William Llewellyn Schmidt Home Phone (239) 596-8546 405 Pine Ave Naples, FL 34108 Fax No. (239) 596-8522 F..-mail bab~lewtl~e:~r~hlink, ue! Committee Applied for:.. Vanderbilt Beach MSTU Beautification Advisory Committee Re~_~t. ered voter in Coil!er C0_Dn~: Yes Do you hold a current public oftic~.: No DO vo#_serve~_or have_ v_ou ever seryed, on a Collier_ County board or_cgm_mitt~2 No COMMUNITY ACTIVITIES: Current' Vandcrbilt Beach Property Owners Association~ Board Member Naples Council on Worl~ A .flairs, Director 1998 to present, Past President (2001-2003) Kai~bt.~; of Columbus, St.W'flliam Cou~¢it, Naples, former Florida State Council District Deputy, Past Grand Knight and Past Fourth Degree Faithfiil Navigator ST. Wjtliams Catttolic Church~ Renovation Advisory Committee member Fomer. Naplos, FL: P-eJZca~B_a,y._~undi~tion. Capital Projects Committee member Lemont, IL: Lemont Area Chamber of Commerce, Past President Lemont Police Pension Board, Former Commissioner and Vice Chairman Lemont Environmental Advisory Co.ngr~_i&~5g~ Former Commissioner Hillview Civic Association, Past President Other: ~_l~ lllit~0i,s Valley Association (National Heritage Corridor), Board of Directors Chic~. o Board of Elections, Former Election Judge Chicago Oil Mens Club, Past Presidem Greater Chicago ~_r_ ~ Past President Nominee ~r State R.epre,~ontative, Illinois 38th District EDUCATION: Harvard University, Cambridge, MA (1989) Master in Public Administration St. Joseph's College, Rensselaer, IN (1960) Bachelor of Arts in Economics Trinity College, Washington, D.C. (2003) Cardinal Newman Diploma in Scripture and Theology EXPERIENCE: Director, Facilities Managemem for Triborough Bridge and Tutmel Authority, York, NY (1989-92) President and owner, O.L. Schmidt Barge Lines, Inc., Lemont, IL (1966-?,6) Supervisor (elected office), Lemont Township, Lemont, IL (1981-85) Program Manager, General Services Administration, Washington, DC (1960-6 ~e~GEND& ITEM Pg. ~T-5~005 07:40A FROM:WEYLCOMM ~]95936778 T0:?7436~C~ P:~ Apppcntion for Advisory.Committees/B°ards ~d or Committte Appli~_ fur:. ,,-gory (ifapplic~ ): ~.~o. o~ ' ? ~li BOW strvt, of Imve ]~lg ~'ver sr~ gm ~ Ya- ~, please li~ the eemmiims~mnt~ ' - - - · ' ' civic clubs, ne' hborhood brio e. · ' us Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name:[ Alan J. Yarusevich Home Address: 1495 Tradewinds Ave., Naples, FL No. [-' Business Ph°ne: I" Fax Business: [-- Home Phone: ~239-592-0847 I Zip Code: 134108-2374 e-mail address: butch2y(~yahoo.con Board or Committee Applied for: [ Vanderbilt Beach Beautification MSTU Advisory Committee Catagory (if Lay person applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office ? Yes [-------] No I No If so, what is that office ? Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the committees/boards: Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: I!' 1993-2003 presently on Board of Directors, Vanderbilt Beach Homeowners ~ssociation 2. 1995 - 2003 presently Board of Directors for the ECA (Estuary Conservation Association) 13. 1994 - 2003 presently Committee Chairperson for water quality testing in Vanderbilt Lagoon and [Furkey Bay ]4. 1999 - 2001 Board of Directors Second District Homeowners Association 15. 1996 - Committee member for beautification project for Vanderbilt Drive Education: _~yder College, Trenton, NJ ~te Police Academy, W. Trenton, NJ January 1965 pvfiddlesex County Vocational Technical High School, Perth Amboy, NJ Experience: I 1965 - 1990 NJ State Police attained rank of Lt. Station Commander 1963 - 1965 NJ Bell Telephone 1960 - 1963 Active duty 1014 Army Airborne Rangers, Squad Sgt. and Section Leader 1957 - 1960 Active NJ National Guard Boy Scouts of Amercia: Troop 60 Scout Master- 12 yrs. Cub Scout Master-3 yrs., Webelos Scout Leader - 2 yrs. the entire Vanderbilt Beach area. zase attach any additional information you feel pertinent. This application should be forwarded to .ue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (941)774-3602 or e-mail to suefilson~,_,colliergov, net. Thank you for volunteering to serve the citizens of Collier County. AGENDA, ITE~ NOV 2003 PK. ~ 10/01/2003 15:58 2395143335 P~GE 01 Board of County Commissioner~ ~301 ~a~t Tsmlami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards CA Ol- ~ard or Committee Applied for: ~J~ ~)~)&~ ~ [Lyr~ e-mail address: ~-A/z)t~/~7~ ~9~1~~ Category (if applicable): Are you a registered voter ia Collier County: Yes , )/ No Do yom currently hold public office? Yes No If so, what b that MTtce? D~ yma ~o~ s~rw, ~ lm~ y~ ever ~rv~l, ma · C~llier Couai~, Imarnl o~ eammitt~? Y~ J No If y~ ~ I~ t~e ~rd~: Experieaee: ' ;,~o. wE. // Board of County Commissioners 3301 East T~mlaml Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Home Address: Fax No..5~ -- C'cv.Yz'7 Business Phone: Home Phon~3 ~ '-A," Zip Code: e-mail address: Business: Board or Committee ApPlied for: ,/~'/./~-~-~=---~.-~/~/-" -~.~.~<-~// /fi/ .~'- fi-- ~ Category (if applicable): ' Exampk~. Comm/ss~ol l~Mrict, Developer, enviroamentnli~1, lay person, ere. Are you a registered voter in Collier County: Yes L// No Do you currently hold public office? Yes if so, what is that office? No U Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, pk. ase li~ the commitlem/boards: No L~-~ Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: ./ Please attach any admt~,,nai infortmuion yoM feel pe~nent ~t~ ~p~c~on sh~ ~ founded ~ Sue ~o~ Bo~d of Cou~ Co~n~ 3301 ~ T~l Tr~, Napl~, ~ 3411Z lf yoa w~& plemt f~ yo~r apg e~il ~ ~~~.~ ~ ~ f~ ~ ~ s~ ~* ~ ~ C~ C~. 0§/t5/2~03 flON 9:47 F,~ ~002/003 Board of County. Commissioners 3301 East Tamiumi Trail Naples, FL 34112 (941) 774-8097 Yax: (94]) 774-3602 Application for Advisory Committees/Boards Home Phone: Zip Code: 0'~?/ Fax No. Board or Committee Applied for: Cnt~ory (il*applicable): Exampl~ Commj~lou DI~ ~velo~t, Are you a ~tercd vo~r Do you cu~ hold pub~c · ~ wh~ ~ that No DO you now serve, or have you ever served, on 8 Collier County board or committ¢~? Ye~ tfye~, pie. use list the committeesflaoard~: Please list your community.activities (civic clubs, neighborh.ood associations, etc- and positions Please a~ach any add~doaal informt~ion yott feglpertlnent. Thi.~ app~u~at~o~ Mtould be forwarded tv S~r l~lson, F_~cuttv¢ Managettv ~e Board o£ C~anty Cot~md~loncr~ 5301 East Tamlaml Trail~ )Va~l~ F~ 3411~ Oryou wt~it, pl~a~e fa~ yout aplaileallon to (9~1) T74-$602 oe e-mail to -wtt~l~ont~c~lller~o*.ncr. l~anl~ ~mt for volanteetlng to ~et~ t~e .ai~.enX of Cali~r C_aun~ 09/11/2003 THU 16:12 FAX _002/003 September 2, 2003 2323 Cleveland Avant~:. Fort Mycrs, ~Florida 33901 Fort Myers 239-337_ 121:2 · Naples 239,598.9805 1.888.53727,323 - Fax: 239.337.4910 w,am,.ofdc-inc, com Mrs. Sue Filson Executive Manager to BBC 3301 Tmuiaml Trail East Naples, FL 34112 Dear Mrs. Filson: My name is loe Gammons and I would like to be considered for an Advisory Committex~ position. My home address is: 185 Skipping Stone Lane, Naples, FL 34119. Please find enclosed a copy of my resume and cr~entials. I look forward to working with you as a member of an Advisory Committee. you any questions or you would like additional information, please do not hesitate If have to contact me pc~onally at; 239-337-1212. Thank you in advance for your consideration. enclosuro 09/11/2003 THU 16:12 FAX 003/003 Jose;)h D. Gammons 185 Skipping Stone Lane Naples, FL 34119 Tel: 239-354-0075 EXPERIENCE Office Furniture & Design Concepts Owner- 2003 to Present Multi-million dollar Steelcase and OFUSA office furniture dealership serving Lee. Collier, Hen~, Glades and Charlotte counties. Michigan Department of State Secretary of State Texxi Lynn Land Director of External Relations - 2003 Headed the Depaxhaent of External Affairs, Depa, h,ient of Governmental Affairs and Department of Communications. Coordinated the operations for Michigan's Secretary of State, including the direction of her overall political career as well as the direction of her pohtically appointed staff. Worked daily on solutions that wotfld benefit the citizens of the State of Michigan. Kent County Republican Committee Executive Director - 1999 to 2003 Lead the 3ra strongest county Republican organization in the United States, implementing a budget o£$500,000 to elect Republicans in Grand Rapids and West Michigan as a whole. Coordinated campaigns for elected officials fi-om Township Trustee to President of the United States. Organized a Republican Presidential Primary Debate at Calvin College, sponsored by thc Kent GOP. Consistently elected Repubtic.qn.~ in two consecutive election cycles including Michigan's top Republican elected official, Secretary of State Ten4 Lynn Land. United State Congress Congressman Dave Camp - 4m Congressional District, Michigan District Director- 1998 to 1999 ,~Nlichigan State Senate Senator Walter H. North - 374 District District Represent_ative / Deputy Director of Constituent Relations EDUCATION ?4ichigan State University Bachelor of Arts in Political Science- May 1997 Hillsdale College August 1993 to May 1995 ^GEN D.~ ITEM NOV 18 2003 EXECUTIVE SUMMARY RECOMMENDATION OF ADOPTING A RESOLUTION TO DISSOLVE THE HEALTH AND HUMAN SERVICES ADVISORY COMMITTEE DUE TO MEETING GOALS AND OBJECTIVES SET FORTH BY THE BOARD OF COUNTY COMMMISSlONERS AND TO PROVIDE A FINAL REPORT OF ACTIVITIES OF THE COMMITTEE. OBJECTIVE: To recommend to the Board of County Commissioners dissolution of the Health and Human Services Advisory Committee.' and to provide a report of accomplishments of the committee. CONSIDERATION: On June 26, 2001, the Board adopted Ordinance No. 2001-40, which established the Health and Human Services Advisory Committee. The Ordinance provided for the dissolution of the Committee at the conclusion of one year from the date of the Ordinance, said expiration date being June 26, 2002. The Ordinance further provided that the Board of County Commissioners could extend the term of the Committee by Resolution. On June 25, 2002, the board extended the term of the committee for an additional year through June 26, 2003 to conduct thc gtudy of and to make recommendations regarding the Intergovernmental Transfer Prog, m for funding a Primary Care Facility and the Trauma Care Center. On June 24, 2003 the board again extended the term of the committee tbr an additional year through June 26, 2004 to oversee: 1. The "start-up" of the primary care center 2. Funding issues related to the system of Trauma Care in Southwest Florida 3. Other priority Health and Human Services needs identified by the Board of County Commissioners On September iii, _ t.,03, the Health and Human Services Advisory Committee met and discussed a potential work plan for the coming year. After considerable discussion regarding the possible focus of the group, the committee decided to recommend dissolution due to lack of identifiable goals and objectives and redundancy of agenda items being pursued by other groups in the community. The Health and Human Services Advisory Committee is reporting on two major goals associated with the group. The first goal was in regards to making a recommendation on funding for the Lee Memorial Trauma Center. It was determined that while an effort was made by the Board of County Commissioners to commit $700,000 to assist with the Lee Memorial Trauma Center contingent on the Lee County Board of Commissioners providing comparable support, Florida Statute 154.301-154.331 mandates the 5nancial,, ,, responsibilities of the Board of County Commissioners for Collier County citi2 ,~ns, ,M~t~., .~"~ NOV 1 8 2003 are indigent and treated in an out-of-county hospital. During FY '03 a total of $192,500 was budgeted from this $700,000 according to this statute to be paid to Lee Memorial or other out-of-county hospital providers who treated indigent Collier County citizens. A total of $96,867 was spent for out-of-county hospital care for indigent Collier County citizens in FY '03. Of this amount $31,555 was sent to Lee Memorial Hospital. The payments of these funds were provided on a case-by-case basis to determine if they met the eligibility standards of the HCRA statutes. Furthermore, a task force in Lee County formed to seek a legislative solution to the funding of the Trauma Center at Lee Memorial Hospital. Currently, Lee Memorial Hospital has found sufficient funds to operate the Trauma Center. The second goal sought to create a primary care facility for the greater Naples, Golden Gate, East Naples area. The Health and Human Services Advisory Committee recommended to the Board of County Commissioners that local funds be used to match State and Federal funds to create the Horizon's Primary Care Center. The center located at 5262 Golden Gate Parkway is open and treating individuals who are uninsured or underinsured. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no direct growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt a Resolution to dissolve the Collier County Health and ltuman Services Advisory Committee due to the committee's meeting its stated goals and objectives and there not being any further issue that the Board of Co~unty Commissioners wishes the Advisory Committee to offer recommendations. /.,/n /. / -- SUBMITTED BY:/~ms~/~ Date: ///,//5/d--3 t~nan Services, Director . APPROVED BY: l.~~.4A _ Joffn Dunnu-ck, fir Pffblic Services Administrator APPROVED BY: Date: James N. Coletta, Commissioner, District 5 NOV 1 8 2003 RESOLUTION NO. 2003- A RESOLUTZON OF THE BOARD OF COUNTY COMM]ISSIONERS OF COLL/ER COUNTY TO DISSOLVE THE HEALTH AND HUMAN SERVZCES ADV/S~ORY COI~IM~TTEE WHEREAS, on 3une 26, 2001, the Board of County Commissioners adopted Collier County Ordinance No. 2001-40, establishing the Health and Human Services Advisory Committee (the "Committee) to assist in the development of a comprehensive health and human services plan for Collier County; and WHEREAS, Section Six of Ordinance No. 2001-40 provides for automatic dissolution of the Committee and repeal of the Ordinance within one (1) year unless, by resolution, the term of the Committee is extended; and WHEREAS, the term of the Committee was extended by Resolution for two years in order to continue the Committee's work in fulfilling its objectives; and WHEREAS, the Committee has accomplished its goal of developing a plan and has presented its plan to the Board of County Commissioners of Collier County. NOW, THEREFORE, BE 1'1' RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLI_IER COUNTY, FLORIDA, that dissolution of the Health and Human Services Advisory Committee is approved upon the Committee's presentation of its report to this Board on the development of a comprehensive health and human services plan for Collier County. This Resolution adopted after motion, second and majority vote. DATED: A'I-fEST: BOARD OF COUNTY COMMiSSiONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLOR[DA Deputy Clerk TOM HENNING, Chairman Approved as to form and legal suf'fidency: David C. Weigel 0 County Attorney DON/kWh;pub~ic;kay;adv~soryboards Agenda Item NOV 1 8 2003 Pgo ~ ~ EXECUTIVE SUMMARY APPROVE A SETTLEMENT AGREEMENT WITH WCl COMMUNITIES, INC. TO ALLOW CONSTRUCTION OF THE VANDERBILT BEACH PARKING GARAGE Obiective: To approve a settlement agreement with WCI Communities, Inc., which allows for the construction of a two-story parking garage on the Vanderbilt Beach Parking site. Considerations: Developing and maintaining adequate beach access for visitors and residents of Collier County, has continually been a goal of the County. On October 24, 2000, staff requested that the Board approve the construction of a parking garage at the existing Vanderbilt Beach parking site, which would have provided for an additional 275 parking spaces. This project was also recommended by the Parks and Recreation Advisory Board. At that October meeting the Board approved the project but directed staff to design the parking garage so that it could be expanded by two additional levels in the future to a total of four stories. Staff estimated the construction cost of the proposed parking garage at $3.8 million dollars at that time. WCI objected to the proposed design and construction of a four-stow parking garage at the County's site and threatened to enforce certain restrictive covenants incorporated into the deed to the County's parking site. These restrictive covenants limit the height and size of any structure or improvements on the site to 20 feet and 1000 square .feet, respectively. If these restrictions were enforceable against the County as WCl claimed, they would prohibit the development of the proposed parking garage. The County therefore initiated a declaratory judgment action on April 19, 2002, against WCl, which action asked the Court to declare the restrictive covenants invalid and unenforceable against the County. In May, 2002, WCi filed a counterclaim seeking injunctive and declaratory relief and asking for specific performance of the covenants. After some dis~,o"ery, the County filed a Motion for Summary Judgment in February, 2003, asking the Coud to find that no material facts were disputed and that as a matter of law these deed restrictions were unenforceable against the County. This Motion was heard on April 28, 2003, and ultimately denied by the judge without explanation on May 20, 2003. Settlement discussions have since commenced and the padies have reached a proposed settlement that staff believes is a reasonable resolution of this matter and in the best interest of the public. The settlement permits the County's construction of a two-story parking garage of the same height and appearance of the existing Ritz Carlton employee parking garage, roughly 580 fg_e_.t_._to...t_he east of A C. -.-.-.-.-.-.-.-.~ D A IT~;M NO. NOV 1 8 2OO3 Pg. the County's parking site. It expressly limits the number of parking spaces to 350 and provides that the County will abide by these restrictive covenants as amended. In addition, it requires the County to dismiss with prejudice its suit and to join in the formal amendment of these restrictive covenants to conform with these new restrictions. Both of these actions will foreclose the ability of the County to challenge these restrictions in the future. Finally, the agreement provides for the periodic usage of the garage at night by both the County and the Ritz Carlton for a fee. (Currently the restrictive covenants prohibit any use of the site beyond one 'hour after sundown.) The specific terms and conditions of the Settlement Agreement are attached hereto, along with a copy of the proposed Amendment of Restrictions and Protective Covenants, the Stipulated Dismissal with Prejudice, and an Indemnification Agreement:. Although this settlement limits the County for all time to a two-level garage with only 350 parking spaces, it avoids a potentially adverse ruling by the judge with the result that no improvements can be constructed on the site. Settlement also avoids additional delay and cost to the County by permitting the County to move forward with this project. Even in the event the County obtained a favorable ruling, WCI is likely to appeal such a ruling adding years onto the litigation. Due to the uncertainty involved in the litigation, staff recommends the Settlement Agreement and requests the Board to approve the proposed settlement along with all related documents. Fiscal Impact: The original project was estimated at $3.8 million. Due to the increased cost over time of doing business and stipulations placed on the project by the settlement agreement, the project is now estimated at $4.6 million. The Coastal Advisory Committee and the Tourist Development Council are recommending bonding the funds for the project, using Tourist Development monies to service the debt. Staff estimates the completed facility will generate five to ten thousand dollars in annual revenue for rental of the facility and an additional $100,000 per year in day-to-day parking fees. Growth Manaqement Impact: The requested action furthers the Growth Management Plan directive to continue to ensure that access to beaches, shores and waterways will remain available to the public. Recommendation: That the Board of County Commissioners: Approve the Settlement Agreement with WCI Communities, Inc. and authorize the chairman to sign both the agreement and the Amendment to Restrictions and Protective Covenants; and Direct staff to ensure compliance of the terms of the Settlerr Agreement. AGENDA t-,':o. / Z::::) NOV ~8 2003 Submitted by: Reviewed by: Apprnved by: Approved by: Office~eF'Count~ Attoj~i"~y M~r~ O.-Rams~, D~ector( / an~i'ttnent J~hn Dunnuck. Administrator Division of Pul~lic Services David C. Weigel County Attorney D~t~ Date: Date: Date: NOV 1 ~ 2003 SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into this ~ day of November, 2003, by and among Collier County ("County"), WCI Communities, Inc. ("WCI"), HMC OP BN, 1J~C ("Host") and The Ritz-Carlton Hotel Company, L.L.C. ("Ritz-Carlton"). Host and Ritz-Carlton enter into this Agreement for the sole purpose of memorializing the agreement among the County, Host and Ritz-Carlton on the use, and the terms of use, of the County parking garage after Closing Time (as hereinafter defined). RECITALS: 1. On April 13, 1982, WCI's predecessor in interest conveyed to the County an approximate 5-acre parcel of property ("Beach Access Site") via a quit claim deed ("Deed") which was subject to a Declaration of Restrictions and Protective Covenants ("Deed Restrictions"). A copy of the Deed and Deed Restrictions is attached hereto as Exhibit "A." 2. On April 19, 2002, the County filed an action in circuit court in Collier County, Florida, styled Collier County vs. WCI Communities, Inc., Case No. 02-1562-CA ("Litigation") seeking: (1) a declaratory judgment from the Court based on allegations of the invalidity and uncnforceability ot~ the Deed Restrictions on the Beach Access Site; and (2) enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. 3. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. -1- NOV 1 8 2003 4. On October 24, 2000, the County's Board of County Commissioners approved the design and construction of a 4-story parking garage on the Beach Access Site which would exceed the 20-foot height limitation for structures and the maximum 1,000 square feet per structure limitation contained in the Deed Restrictions. 5. WCI and the County are desirous of resolving all disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation and by so doing, enabling them to avoid the uncertainties of the Litigation and to avoid further costs of litigation, and accordingly, enter into this Agreement and agree · _"on the terms set forth herein. NOW THEREFORE, in consideration of the foregoing Recitals, the mutual promises contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby conclusively acknowledged, the parties hereto stipulate and agree as follows: 1. Re: ,~als. The pa~i~s agree that the above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The County hereby agrees that it is bound by the Deed Restrictions which are the subject of the Litigation. Simultaneously upon execution of this Agreement, the County, WCI and Host shall execute an amendment to the Deed Restrictions in the form attached hereto as Exhibit "B" which shall then be recorded in the Public Records of Collier County, Florida. ("Deed Restrictions, as amended.") The County agrees that it shall be bound by the Deed Restrictions, as amended. 3. Construction of Parking Garage. The County, at its sole expense, shall be permitted to design, construct, and operate a parking garage on the Beach Access Site with a height no greater than the height of the current 2-story parking garage owned by Host and operated by Ritz-Carlton AGENDA ITJEM -2- NO. NOV 1 8 2003 known as the Ritz-Carlton employee parking garage located on Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The number of parking spaces in the County parking garage shall not exceed 350. The County parking garage shall be built with a design and with aesthetics equal in quality to that of the Ritz-Carlton parking garage. Simultaneously with the construction of the County parking garage, the County shall, at its sole expense, build a trellis- like structure on the top level of its parking garage equal in quality and appearance to that of the trellis on the top level of the Ritz-Carlton parking garage. All plans, including the design, landscaping and lighting for the County park' ,g garage and trellis shall be subject to the prior review and written approval of WCI, which approval will not be unreasonably withheld. The parties hereto acknowledge that the County Parking Garage will exceed the building area (square footage) of the Ritz-Carlton Garage, and nothing contained herein shall be construed as limiting the building area of the County Parking Garage to an area equivalent to that of the Ritz-Carlton Garage; I--.~.. ever, the maximum number of parking spaces in the County Parking Garage shall never exceed 350. 4. No Additional Parking on Site. The County agrees that there shall be no additional parking spaces (beyond the maximum number of 350) ever constructed on the Beach Access Site, and that no additions to the County parking garage shall be made which have the effect of either increasing the height or the square footage of the County parking garage. 5. Closure o~ !)arking Garage. The parties agree that the County parking garage shall be closed daily no later than one hour after sundown ("Closing Time"). 6. Use after Closing Time. Notwithstanding the provision in paragraph 5 above, upon reasonable prior written notice to Ritz-Carlton and Ritz-Carlton's prior written consent, which consent shall not be unreasonably withheld, the County shall be permitted to use the parking garage AGENDA II. EM NO. -3- NOV I 8 2003 after Closing Time during limited special events, such as the annual Fourth of July celebration. The number of these special events shall not exceed six per calendar year. The County's written notice to Ritz-Carlton seeking Ritz-Carlton' s prior consent for use of the County parking garage after Closing Time shall be sent to: Attn: General Manager of The Ritz-Carlton Naples, 280 Vanderbilt Beach Road, Naples, Florida 34108. Notwithstanding the provision in paragraph 5 above, upon prior written request to the County, and the County's prior written consent, which consent shall not be unreasonably withheld, Ritz-Carlton shall be granted a license/permit to use the County parking garage after Closing Time for valet parking for Ritz-Carlton's limited special events. For those special events when Ritz-Carlton uses the County parking garage after Closing Time, Ritz-Carlton shall pay to the County a usage fee of $6.00/car, or a total $300 per event, whichever is more. Under no circumstances xvill this fee exceed $1000. The number of special events for which the Ritz-Carlton may use the parking ga 2 after Closing Time shall not exceed twenty-five per calendar year. Ritz-Carlton's written request to the County seeking the County's prior written consent for use of the County parking garage after Closing Time shall be sent to: Marla Ramsey, Director of Parks and Recreation, 3300 Santa Barbara Boulevard, Naples, Florida, 34116. Simultaneously upon execution of this Agreement, Ritz-Carlton agrees to execute and deliver to the' County an indemnification agreement in the form attached hereto as Exhibit "C," which is a condition precedent to use of the County Parking Garage. 7. Permits, variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary to design and construct the County parking garage. WCI makes no representations or -4- NO. IOA NOV 1 8 2003 warranties on the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the parking garage. 8. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Agreement, and they shall not be bound by any agreement relating to this Agreement unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 9. Entire Agreement. There are no other agreements, promises or undertakings between or among ti- - parties except as specifically set forth in this Agreerr ~.t, or in one of the exhibits attached hereto and referenced in this Agreement. No alterations, changes, modifications or amendments shall be made to this Agreement, except in writing, and signed by WCI and the County. 10. Dismissal of Litigation. Simultaneously upon execution of this Agreement, WCI and the County shall execute and file a st~J~ :lation of dismissal with prejudice of the pending Litigation in the form attached hereto as Exhibit "D." 11. Survival of Terms. All terms, conditions, rights, and obligations set forth herein shall survive execution of the Deed Restrictions, as amended, and the dismissal of the Litigation. 12. Severability. Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. -5- AGENDA ITEM NO._ t, f"~.J'~ NOV 1 8 2003 WCI COMMUNITIES, INC., a Delaware corporation By: Name: Its: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to fora & legal sufftcle~C~'(~/ Assistant County Attorney HMC ~I~Nt ~.E~,d~laware limited liability company BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman WITNESSES: Print Name: By: Name: Its: Print Name: THE RITZ-CARLTON HOTEL COMPANY, L.L.C. WITNESSES: Print Name: By: Name: Its: Print Name: -6- AGEND_A. LTEM No. ~ NOV I 8 2003 OR BOOK 5U~IT-C~.-A · BEED PAGE This quit-Claim Coed, ex~cutL~J this I3th day of April, 10~2, by CORAL R!~E-C3LLIEit PR~E3TIE_S, I)C., a Florida corporation her~tn&ftar ~-farr~d to as GaAJ(T~R, to CI3LLIE~ COLIXTY, a political subdivision of the State of Florida whose pastofflce address is Collier Count), Government C~lex, N~les, Florida 339¢2 hereinafter ~eferr~d to as GRANTEE: {Wherever u~ he.tn t~ ~s '~R' and '~EE' shall l~lude singular a~ plur4l, ~irs, legal ~ntati~s, and assigns ~ t~ i~Ivlduals, a~ t~ successors a~ assigns ~ co.orations, ~Ytr ~nt~t so a~its or ~qui ~at ~T~, as a gift and tn fulflll~ of its obligations u~er t~ Pelican Bay PUD O~ina~ (~llier County O~tna~e No. 77-18, as ~) t~ U.S. A~y ~s ~ Engi~e~ Pe~it No. 7~2~ (~ber I~ ~ In ~flclaI Recs~s Boo~ 966, Pages 182~ though 1829, l~lusi~, ~R has In a~d to t~ folIcwi~ Uesc~bed tot, pie~ or panel of l~rJ, sltuata, lyi~ a~ bei~ In t~ ~unty of ~Ilier, State of Florida, to~t: A po~ion of Section 32, To--hip 48 South, ~e 2~ East, ~llier 5ta~ ~ Fiori:a, ~ ~ pa~icularly described on ~hlbit 'A' t: l) T~es a~U ~sse~ents for 19~ a~ subse~ent ~ars; (~E~I~IO~"}, attacheU ~t: and :aUe a pa~ he.of as Schedule 2.) The ~ser~ right cf ~TCg t~ c:rJuct c~ain fill actlvltt~s pe~It~ 'n the ~.S. A~y C:~s cf Engineers Pe~lt ~o. 4.) T~ ~ser~d right of ~R to c:nst~dct a one-hund~d ~enty (iZO} par~i~ spca facility, in sati~action of Pelican Bay PUD Section 13.5{D.) (~llter ~unty O~in~a No. 77-18, as ~), i~luding but not limited to such canst~ction-~lated activities as site p~paration, pavia, drain~a, curbi~ a~ la~sc~i~. 5} Rn E~s~nt ~serv~ to ~TOR a~ tP~ PELION ~y DI~RI~ {P.B.!.~.), its suc:as~ars and assigns, to canst~cC, operate, ~aint~tn, ~pair, ~place or ~bulld drainage strJctu~s a~ water s~r utilities In, over, on and ~ve t~ p~e~y, with t~ ing~ss and eg~ss. ~R or P.B.I.D. shall ~pair a~/or ~l~a ~a which tt m~ disturb, d~age or destry In the ~eration or aaIntana~e of said dr~tn~e stratums and water a~ s~er utilities. 6.) ~ Ea~nt ~ser~d ~ ~OR a~ t~ PELION BAY D~t~ (P.8.I.D.), its successors and assigns, for that pa~el ~ la~ as ~ore pa~lcularly de~bed In ~hibtt ~a' ~ Sch~ule 'A', .attend he.to ~ m~e a pa~ ~of, for t~ ~eratlOn and mainframe This docu~ent ac:opted by the ril NOV 18 2003 Psqm 1 of Z. OR BOOK ?AGE -IF,-'iT'"~'~-~T!I~ :T~E PARCS. L I)F.~C~IB~D"t'I{ £I'Hi~IT "A" l$ USED FO~ OTHER T~" pU~LI[~ ~lr~}t A~S.R PURPOSES,-~ .PA~C~L SHALL AIJTOMATJCALL¥ RF~.RT TO f~N'r~.'; est~ta, ~ght, title. Interest. llen. equity a~ claim what.ever of ~OR, eit~r tn law or ~utty, to t~ onl~ p~er use, Z)l WII'NESS WHEREI)F, CDR. AL RII)GE-C~LLI~ PROPEi~TIES, INC., a Florida corporation, has signed &nd sealed these p~sents the day and year first above wrq tten. St~ned, seiled and delivered in ~-qe prese~e of: S-FATE OF FLO~!DJ ) C~LL~-FY OF COLLIL'E ) I HL-AE3Y ~RTiFY that on this day, befor-~'~ ~e, an offiaer duly t~ State afo~sald a~ In t.~ ~unty afa~said t~ take personally ~pea~d ROSS P. OBLEY, P~sldent of Coral Ridg~llier R~e~ies, i.~., to me ~ncwn t~ be the ~cn descrlb~ ia t~ fo~goi~ lnst~J~nt and he ack~wl~E~ befo~ ~ that WI~ESS mY har~- arid official seal in t.~ C~u.qty and_,~,q*,'e last this 13th day ~ ~l, iS22. _ ........... .," " ~;r'.. AGENDA i~EM NO. NOV i 8 2003 O018GG W ITNESSETH : WHE]~EAS, CORAL RIt~E-COLLI-_~ PROPERTIES, INC., m Fio~da c:~oratlon, p~sm~ly ha~ its P~lpal place ~ ~stnes$ In ~)lter ~u~y. Fto~da. L~ ~ o~r of t~ ~LIC B~d ~S SI~ ms de~ri~ tn ~TI~E 1 of this ~laratton, desi~s to c~m~ a ~alit7-defiant ~th ~strictions, coven,s, ser~ tudes, l~osltions, e~ents, cha~s a~ lle~s as ~tn~t~r set fo~q for t~ p~servatlon ~ t~ p~pe~y values ~ t~ NOLO. TIiERE~RE, C~RAL R,~G~-~.L!L-R PRDP~TIF~, IHC. d~lar~s that Pt~3LIC ~EACIH A~-~.~S Sii-E or arLy portion t.he~of as described in Ai~TIrz£ I ~f th~s Oeclar~tlon shall be held. tr~n~er~d, sold. con,yeti and o¢~l~d subje-:t to t.he ~strtctlons. co~nant:, servits~es. 1~q~osttions. eas~nts, cha~es arx~ liens herein~ft~.- set forth. ~OTEC~'I~'E COYE.~IY~NT$ ~s t.~4t r~a] :r~e?ty des:rib_ed on E~h~b~t =A', a?-a~d he_r~to and =ado a pa~t he~ef. ~EFi)FTIO~S TNe follc-v!.~-~ yin-rids w,h~n ~sed in this Oeclaratlon s~all have t~ foll~ng ~ani 1. 'Pt~LIC 8E~X AC~Ss SITE' sh~II ~an a~ ~fer to a Potion of ~tion 32. T~ship 48 S~th. Ra~ 25 East. ~ilier ~u~y. Florida. pa~tcularty de:~e om.~hi~ft - ' -- . "A , attached ~to a~ :~e a pa~ 2. 'DE~T' shall ~an arJ ~fer to ~ iNC.. a Fl~ida co~oratl~. ~sent~y ha~ its pri~tp~l ~lac~ of in ~llier ~untT, Florida. its sucssssors a~ assigns of any or .~l ~g~s u~er this ~)arati~. " 3. 'OW~' shall mean ~ ~fer to eve~ pe~n or pe~ons or e~ity or entities w~ a~ t~ ~o~ ~er ~ a f~ tnte~st In ~JBLiC 8~d SITE. c~.;.- ~trs, suc:~ss:~, l~al ~sent~tlves or assigns. ~TICLE II GE.N L'~RAL l. ~ ~E~I~I0~. stor,g,. ~, ~h sun s~lte~,, ~st~,s, a~ ~h .... .-- · ~ac~ ~ta aN made a pa~ ~, ..... '. ' ~..~'~,.'~ms~s. ~m~ "~,ch eoul~nt :stb'~d ~ "-~ ~ o,m~r =~arN .~=~ ..... ~ ~ all ~t ~ a pemttt~ use In ~nat - - ...... u,ar~y uescrl~u on ~nlol~ 000~8 00t8~? OR BOO~ P~GE c.) '~'bui~dl~, :tr~Jct-~, faciltt~'~r other l~rovement shall ~e place~ O~T'S ~or ~rtt~ ~p~w~. ~-8~) ~ut ~'~ p~or ~n ~p~vaI of a plan su~t~ b~ ~ for ~dlt~ona~ at.ss. e.) All facilities, pa~-~ lots ~nd transpo~atlon syst~s ~r~ P:LIC B~ AC~ SI~ ~hall only ~ ~em and ~c~msstble ~ t~ public d~ d~llB~ ~s ~ sh~ll close ~t~n o~ (!) ~ur after sun~t. All nt~htti~ :~s shall be p:htbtt~ by 0~ ~c~t ~th the prior, ~It~n ~p~val of DEC~. f.) 0~ shall p~vide water ~g~ am~ for t~ P~LIC ~ S~ tn ~c~a~e ~th the ~l~nts ~ P~llc~n BaT Di~ct (P.B.I.D.). Su~cm wrater drainage mhd mana~nt, i~ludi~ but ~t llmt~ ~ sto~ water s~rage cap~ity, shall confo~ ~ t~ o~r~ll water m~ ~ul~s of P.B.I.D. a~ meet with t~ ~p~val of DE~. 2. BUI~I~G ~ L!NK~, Si~ OF ~U!LDING, Si~ ~E~I~iDNS ~D a.) T~ mini:: setba~ of buildings, st~Jct:~s or par~In~ a~s s~aii be fo~y (40) f~t f: t~ sout~ p:e~y li~ a~ ~7 (20) f~t f~ t~ no~rn ar~ e~tern p~pe~y ll~s. b.) ~o ~ildi~ or facility tn P'J~L!C ~E~ ACCZ~ SiTE s~all e~c~ s~Ja~ f~t per str~ctu~. c.) T~ mtnir~ dista~ bet~eh any t~ u~.attac~d st~Jctu~s shall ct.e-half (1/2) t~ s: of tmeir ~t~ts but not less than t~nty (ZO) feet. d.) No buildi~ or st~Jct~ ~ any kit: shall ~ce~ t~nty ,~O~F- ~ f~t ~i~ht a~ flnis,~d ~rade of t~e site. a.) - Ail ~etatlon In ~'SLIC ~E.~:~ ACC~3 Si~ shall be left in its nati~ state. HJw~Yer, w~n ~vaI ~ aP~ ~etatlon ts n~ssa~, a plan for such ~al by OW~ shall ~ s:~it~d to DEC~ for its ~ri t~n ~p~val. b.) All ~ason~le effo~s shall be t~ken t: ~tain tb~ native in a~as sur~u~l~ all st~ctu~s, wai~s, facilities or pa~ a~as pl~ (n ~LIC BEtH AC~SS SITE. ~ver, In tY~se a~as, ot~r thmn paved a~as, w~ t~ nati~ ~etation ls ~, OW~ shall ~l~ mai~ain such ~as as land~ed a~s. All l~i~ shall, as clcsely as possible, ~p~xf:ate t~ native ~get~tion in the suffusing a~a. All l~t~ shall ~ acc:l!s~d in ac::~a~ with a plan app~ by c.) ~tor to m~l~ a~ cboe, ~" or var,a,.on deviation f~: t~ :p~ved :aster l~:e plan, 0~ shall first obtain DEC~T'S written of t~ cboe, variation or devi~tlon. 4. V~D~BILT BE~ RO~ RI~F-~Y ~ required by Section 13.3(C) ~ t~ Pelican Bay PUD O~ina~,, t~ no~ se~nt~n m~ o~-half (17-1/2) feet of ~LIC 8EA~ ACC~ ~-~ a~oint~ ga~erbilt Beach Road {S.R. ~. 5~62) shall be ~e~d ~s right-of-way for t~ possible, e~entual fou~lani~ ~ Ya~erbtlt Beth ~oaj~,?3. ~ ~llier ~unty. Upon d~and by OEC~, 0~ shall d~Ica~ ~t~ DEC~ snail devel~ a po~ion of PU3LiC ~EACH ,tC~5g ~i'r to OR BOOK RAGE ml~t~mm of on~-hundr~d t~nt~ (120] parking spaces for t~ ~ses of publtc said par~l~ ~aces. T~ s~Jll be no o~rnlght parktpg ~ttted In P~LI5 ~ ~5~ SITE. 6. PLA~S, SPECIFICATIONS AND LOCATIOI~S OF Sg'RU~URES. a.) No structure or facility shall be co~m-~r~ed, erected, Improved or altered, nor shall An~ grading, excavation, tree r~mov&l or change of exterior color or other wor~ which in Any W~y Alters the exterior a~pearance of an7 structure or facility be undertaZen without the prior written a~pr~val of b.) OWNER shall, prior to the cc~m~nc~s~ent o~ any construction in PUBLIC BEACh4 ACk-_SS SITE, sub, it in sequence to OECLARA)6T the following materials: {il a 'preliminary concept' plan which shall include schematic site plans, floor plans and exterior elevations; {ii) 'design proposals' which shall include more detailed building and site design document~ s~ftcient and definitive in detail so that there can be determined t.he character, exterior a~pearar~se, exterior materials a~ colors, and the quality and kind of building and landscape materials proposed; and {iii) 'construction plans and s~eciflcatlon' which shall be a t.-Je extension of the preliminary plans and design pr-o,~osals. DEr-I-~ shall, in writing, after recei;)t of. each required submittal, ~pr'Jv~, a~pr~ve subject to required changes, or ~c_t such plzns, proposals and ~ec-lfications as are submitted t~ it as r~qui~d above. Failure to obtain ~mitten aoproval of DE~ of ail pl~r.s, prc~.,osals and specifications prior to the c~.~nc~ent ~f. any csnst.-Jction shall be d~ a ~aterial b~ach h~reof and DEC~ shall t~n h~ve t.~ rd. ght, in addition ta eny ot.~r right per=.itted by law or in e~uity. to pr~c_-ed in the cour-ts to obtain a ~andatory injunction req-Jiring constriction done without said written x. pprova) to be torn down or f~rthwdth at Olm~NE~'S expense. c.) The a~pr~val, rejection or withholding of a~y z~p~vat by DECLAR~XT of the plans, p~poszls a~ s~iftcatlcns a~ the location ~ all st~ctu~s. a~ e~ alter~tlcn ~ a~ st~Jc~ shall not ~ const~J~ or t~e~tad as a r~p~ntatlon or dete~inatlon by DECL.~ that any bulldt~, pl~bi~. elect~caI c~de or ot~r ~pllc~le go~ntal ~gulatlons or ~qui~nts ha~ or ha~ n=t ~n p~eriy ~t by t.~ 0~. O~N~ shall ~ ~sponsibla f~r c~aini~ all ~ssa~ t~hnic~) data and to ~Zm ~pIlcatlon to a~ obtain t~ ~p~vat ~ ~II~er ~unty. ~!Ican 8ay ~er.t District, and a~ ~t~K-~mpriate 9o~r~ntal age,les prior to c~nt of ~y ~r= . or c~nstmJctlc n. d.) DECLARAhFT shall ha~ no duty, res~cnslbility or liability t: any 0~.~-'~ or to any oth-_r pe~on wrx~soeYer in respect to the e~eroise of its rights or t.9~ failure to e~erc, tse its rights. DECLARANT ~ay reject plans, prc~osals and s~ec_ificatlons based on any grounds or re&son whatsoever. lr~iu~lng purely aesthetic grounds, in its sole and absolut~ discretion. DE'SLA~F'S decision to aapr~ve, reject or withhold its approval of such may, in the sole exer:lso of its dis.-r~tlon, be based u-pon: (il the ha~rry ~f its mxterlor design, color and location in relation to. and Its effect u-pon, surrounding stru ~.eures. vegetation, t~ography, and the overall court, unity design, {(t} the c.garacter of the exterior ~atertals, {iii) the planned quality of tP~ exterior ~rk~anship. {iv) DECI.Pd6tDFF'5 design and construction standards. {~) the G~nera] Devetc~-.ent Plan. or {vi) a~y or.get r.:at~rial and relevznt factors. 7. EITE. RIOR COLORS AND ~T~-~IA~. ~o exterior colors or materials on any structure or facility shall b~ per--~itted that, in the sole judgment of DE~.~d~T, ~uld be tnha~nious or discordant or incongruous with the Pelican Bay c~m~unity or the PUBLIC AC~_~ SITE. Any future exterior color or material changes desired by must be first a~proved by DECLARANT in wrdttng. .. ~. Psss. AG~.: i No cats. dogs or ot.k~r dc~-..estlcated animals shall PLq)LIC BEACH ACCESS SITE. SCHE2ULC [ AGEN[ OF, BOOK PAGE O. PAL-TORY BUILT STRUCTURES. No st~4cCure or factlit~ of a~ ~i~ of what ~s c~nly kno~ as built', ~ular~, or ~obtle ~' t~e const~ction shall ~ e~ted ~LIC BE~ AC~SS SI~ wtt~ut t~ prior ~ttten pe~lsslon ~ All electro, tel~e, gas a~ o~r ~tiltty li~s ~st ~ (nstall~ u~e~ou~, unless p~hibi~ by law. II. ~ ~ F~L~. ~ outside a~ennas, a~enna poles, ~tenna masts, elect~nic devices, a~ennas t~ oK titian ba~ {~) or ~ateur band {h~) a~nn~ s~ll pe~ltt~ ~cept as ~p~d by DEC~ In ~ti~. A fla~le{s} for dlspl~ ~ t~ flag{s) ~ t~ Untt~ States.of ~ertca, State ~ Florida Collier ~untT, Florida a~ such ot~r flag{s} as a~ ft~t ~ved in wrlti~ by DE~ shall ~ pe~itt~d. P~vtded, ~v~r, t~ design l~tion of t~ fl~le{s) must ~ fi~t ~p~d tn ~Iti~ by ~ ~p~d flagpole shall ~t be used as an a~n~a. 12. T~.~T ~ ~SO~T ~U~. ~o ~nts, trailers, c~ers, ~c~atlcnal ~htcles (RV's) o? st~s shall ~ pe~tt~d to be use~, par~, ~t-~ cr ~ain unless t~ir siz~. ~peara~e and t~o?a~ Iccatlon In t~ P~LZC ~ SITE have fi~t b~n ~p~d b7 ~E~.~ in ~iti~. All garble ~,~ trash csnt~i~ers in PC~L!C BE~ AC~S SiTE snail plaid a~ :~l~talne~ by 06~ In attracti~ ~oden containe~ or s~ att~ctive contzt~r as ~p~ved ~y DEC~. For pu~oses ~ this s~tien, ~d oil d?~s or s~ch similar containers shall not be csnsioe~ a~ attractive csntai~er. AIl oil tzsks, ~ttl~ gas tJn~s, s~ri~kler p~s ot~r such outdoor equt~st ~ust ~ u~e~nd or plac~d tn slg~-sc~e~c a~s so t~ac t.~? s.qall ~ot ~ ~adily ~,slb)e. or adequate laKc~i~g shall be instzIl~ z~u~ t.~se fzcillt~es ~n~ :alntatn~ by O~M~. l~. AIR ~[T~OX~5. ' ........ All air c~n .... on,rig uni'" shall ~ shielded e~d hidden so that t~7 shall not ~ ~adily visible. '~ail air c~n~itlcni~ units ~ay ~ pe~ittad only u~on t~ p~cr written ~p~al cf OEC~. ~'l~ow air ~:qditloni~ units shall ~t be pe~ltt~. t5. 5~ ~L._~ 0~. 5ola~ collators shall only ~ pe~ttteU at lccztlons and cn strictures as a~ fi~t ~p~e in wrltl~ by Mo si~s, f~ta~i~ or ot~tse installed, s~all ~ e~ct~d or di~l~ In or on a~ l~ or stricture, unless the plac~nt, character, fo~, sl~, lig~l~ a~ ti~ of pl~nt of such sign ~ fi~t ~p~ w~ti~ by ~E~. All sl~: ~ust also co~o~ ~th )over.al c~es ~latlons ~ ~tth ~y ~aster design pla~ for ~tgns est~Its~ by oE~. ~,' ,~,GEND 17. ~, F~, PAVING ~4D OT~ ~U~.. ~o walls, fe~=s, shuttars, walks, ~a~aIks. docks, ~a~nt ~ s~?~c~s shall be const~uc~ tn PUBLIC 8.ACX ~.~S SITE until i~ ~i~ leith, ~e. design, c~ltton, ~ate~als &~ loc~tlons sh~ll ~ ft~t t~e, design, c:osttion or :ateriaI s.qali be ~solved by DEC~.~h~ d~Ision shall be final. Hur~c3ne a~ st~ shutters shall ~C be st~ ''--' t~ exte~or of any stmJctu~ or facil,ty. ~0._.__~_~. ~F' L OR BOOK Ro ut.~rtor ltghtlmt of P~LIC 8EACH AC -C.E.SS SiTE shall ~ ~t OE~T'5 prior ~t~n ~p~el ~ a lightl~ plan su~i%s~ by ~ ~u~ or unstg~ly a~ts shall ~ all~ ~ ~ plac~ ar suffe~d ~ .~mtn ~n P~LIC B~ ~ S~. All s%~ctu~s a~ facilities ~LIC 8~X ~5 Si~ shall ~ ~t ~n 9~d, s~e, clean, ne~t att~ct~ ca~lt~on, a~ all st~c:a~s a~ fac~1~t~es shall ~ ma~a~ Jn m flnts~d a~ ~tt~ctt~ c~tt~an. m.) ~ st~ct~ ~ a~ ~nd s~all ~ consL~c~ or e~, ~r sha]t 0~ ~n any ~ c~e, a]~r, 4~ede. ~ or otiose ln~e~ fl~ a~ t~ ~1~ ~ ~t~, ~n a~ pa~on of ~ ~ater ~nag~nt a~a ~se~ for, or t~e~d by OE~T m~ t~ Pelican B&y Ols:~ (P.S.I.D.) to ~ ~d for drai~ge ways, sl=lc~a~ or for ~:~lat~on ~ rJ~f eaters, as mfl~:~ In any p~at or ~ns:~ mco~ wit~ut t~ ~ectftc ~en pe~tssion ~ DEC~ a~ b.) 0~ shaIl in no way deny or p~nt Jng~ss a~ eg~ss wa~r m~a~ent a~ for mainten~e or la~:e pu~oses by DE~, P.B.I.~., Pelican Bay ~ ~les F~u~at~on, Inc. or any g~al age~y t~at m~ m~onably ~qui~ a~ right ~ ~ss and ~s, and ea~s t~fo~ a~ ~b7 ~Iflcally ~ser~ a~ c.) ~LIC BEtH AC~S Si~ s~ll not ~ l~as~ In slze, f~m or outside ~ P~LIC B~ ACC~S SITE, ~t~ t~ p~or ~it~m c:nsent DEC~ a~ P.~.I.D., by a~lflcally filli~ in any wa:er or ~ntlcn and d~tn~e a~as on ~h~ch i: abuts. 0~ sh~ll not fill, dIXe, rlp-r~, dl~ or ch~e :~e establJs~d ~ater or ~nticn a~ drainage a~as ha~ ~n or =ay be c~ated by 2I. O[C~'S [~ATiO~. DEC~ =ay gr~nt, ~ith~id or deny ~:s pe~isslon or ~va[ tn any lns:arm~ ~hm~ ~ts pe:i$sfcm ~r ~%~J_l~ pe~i:~d or ~Jt~ ~t:b~u: any what:eYer, and ~ny pe~lsslon ar :p~yal cra~ed sh:ll be bind~ upon all persans. ' 1. RES F:~¥E.3 a.) DECL~ ~ser~s t~ right to coquet c~3in fill acti~:~es pe~i::~ in t~ U~. A=y ~s ~f E~l~e~ Pe~tt 18, 19~), as ~ In ~ficia[ Rec:~s Baot 966 · Page~ I824 :h~ugh 1~, ~nclusive, ~ t~ ~b]tc RecaPs ~ ~Iller ~unty, Flo~da. b.) DE~ ~ser~s t~ ~g~ ta consist: a a~-hund~d t~nty (120) pmrki~ spas fac~ltty In P~LIC B~ ~S S~E, tn satisfaction of ~ltc~n Ba~ P~O O~tna~e Section lS.S(O.) (Collier ~un:y O~in~e Mo. ZP-lS, as ~nded}, t~ludl~ but ~t 1laird %0 s~ch const~c:ion-~lat~ ac:i~1Sles si~ P~ar~tion, pa~t~, drainage, c,rbim~ ~ lz~i~. ~rata, ~t~atn, r:alr,' ~lac- or ~ild d~lnaee l~s~ a~ eg~ss. ~T~ or P B.I O shall ~palr a~/or =:~n~na~s of said d~tnage s:~ctu~s a~ ~ter O00~H 00187i OR BOOK P~.GE ~P.8.I.)).), 1ts $~:essors for t~ b't~erat$on appl~unt. Sn any pe~tt ~llcstton to any gaverr~en~.al bodSes for the pur!~o~es of f~:~litatl~ put, lc ~ac~ access. 3. D~ mar, in its sole discretion, mc~ti:y, r. end, waive or add to this Declaration or any part. t.h~reo£. The po~er of amencbaent, hoover, shall be li~tte~ to =:diflcation or enlargement of e~lsting ¢ownants which shall r~t substanti~lly l---pair the general and uniform plan of de~elc~nt originally set forth herein. An~ waiver b7 DECLJJ~ANT of any pr:vision of this Dec-laration or breach hereof :ust be in ~ritlng ar_~ shall not o~-:rate or be const.--Jed as a waiver of a~ other provision or subsequent brea:h. 5. DE~qRATIC.~ RC)CS ~IT~ ll.-:E mLAHO. T~ c:venazr:s, conditions, r~strictions and other provisions under this .Declaration shall mJn with tbm land and bi~ the p~e~y ~thln ~J~L!C AC~Z~ SZ~. it Is ~EC~'S i~ent, by t~is D~l~raticn, to conse~ F-O~: th~ r~tural ~u~s a~ ~nic ~auty ~ t~ ~BLIC BEAC~ 3iTE f~r t~ benefit ~ thru p~nt arJ futur~ owners of ~ ~al p~oe~y enc~ ~!n. ~e p~ese ~ t~is ~!aration =ar~ates, a~ It is ~EC~'S t~ant in fu~ra~e of this ~u~ose, that this D~laratton pe~e~al. if ~t a~ ti~ G~ s~all offer t~ sell, lease, donate, ~, oth~ise c:n~y an .~e~-~J~m.~C _~.~2~ AC2~ ~E, or an t~of, to any person ar e~ity, CW~ shall fi~t notify DEC~ wrlti~ of t.~ p~osed transition. DE~NT shall ha~ t~ ~ght slzty (60) days to :c:~t t~ ~:s ~ the p~pos~ tra~act!cn n~ for t~ g~ss pu~hase price a~ on t~ ~s ~eclft~ tn said t~nsaction. If DEC~ shall ~t so e]ect ~thim t~ said pe~od, :ay t~n sell or coney P~LtC BEA~ ~C~S S~ to buyer, p~vid~ t~ said tr:nsactlon is on t~ s~e te~s a~ co~ltlons a~ for t~ price set tbz p~osad transaction se~ ts DE~.~T. 7. LEGiSLATIOn. OW~ s~I1 ~t ~pIy for/d~e or fill pe~its In P~LIC B~ S~ f~ any gove~nta] ~ies, ~ga~less ~ a~ futu~ ~n~nt~ to t~ sta~s or regulations of t~ Unit~ States or t~ S:a~ ~ Florida or ~lt ~ d~tstons ~ t~ cau~ ~ t~ ~tt~ Sta~s or t~ Sta~ Florid~ wit~ut t~ prior =~t~n con,mt of 8E~, ~ich com~nt ~ be ~th~ld tn t~ sole a~ absolute Jisc~tton of DE~. a.) D~ ~se~es unto itself t~ rtg2t, a~ t~ po~r, (t) t~ e~o~ t~ c~nantm, conditions, ~strtctions, a~ ot~r p~vistons ~ this ~claration, a~ (il) to del~tm or assign, citer ~:lustvely or ~n~c3usl~ly, any or all ~ its rights, pours, ~uties ar p~vileges per,on or e~tty. OE~ shall be un~e~ ~ obligation to delegate or ~stgn a~ d its ~ghts, p~r:, duties and p~viIeges contained ~claratlon to a~ per~on or e~Ity. b.) DEC~ ;hall ha~ t~ right and t~ po~ t~ c~nants, c~nditions, ~s:rlctions and other p~ision~ i:o~. b7 ~_ ........ ~E~ ~', ITEivl OR 600,~ P4GE If ~ s~1lon, suhs~1~an, sen~. clause, phase ar po~on of this ~]a~tton Is. far a~ ~,~n. ~]d {nwlfd or umonstlt~1ona] by any cau~ ~ c~ata~ jur{~lcllon, such · ~ t~ent pm~ston a~ shal] IX WITWESS k'HEREOF, ~I~RL RIDGE-CULL!L-'~ PROPERTIES, INC., a Florida co~ration, d~s ~by ~e this DE~TIOW OF REVISITS ~O ~I~ ~YE~ In its n~e by 1ts u~e~lgn~, aut~z~ officers a~ afflxes Its co~ora~ seal he~t~, t~e day a~ year fl~t a~ w~t~n. STATE OF FLOR!~ ) T~ fo~gotrx~ inst.~.ent was ac~:,~c~!~ged before_ 2e this l]t~ d~ym Of i~C., a Florida cu~aratlcn, on ~ehaif of t~e ¢o~oration. ~"' . ..... .~... 5CHE2ULE ",' 000966 00187'3 OF{ BOOK P,¢ GF. LEK~aL All that par'. ot' ~e_-~.ion 32. Tov~shtp 48 South, Range Z5 E~st. Collier Count}-, Flo~da, b~tng desc~-ib~d as follows; C~Ing at tl~e soutP~a~t c~rner of 5ectlon 32, Township 48 5outh, R~nge 2_5 E_{st, CollieK Count),, t.~r~_~ along the east line oT said Section 32. Nort. h 00°-38'-5a' West 3437. D6 fe_-t to t.he sout~herty ri_~ht-of-vaO, line ~f S:ata Road S-~6Z (Ya~erbilt Beac~h Road); t.ge.n~ along said right-of-way li.~e POINT OF BEgiXMING of tm parc~el .he.~e!n desc.-9, be-d; --t.9~.q~e So'J+-h 9°-51'-40' tdest 2£E.'30 feet; t.~e.~:e ~h H~8'-2~ {est Z25.¢4 f~t to t~ S~ate of Flc~da ~Yi~ ~ of ~c~ ~tb~ ~ly 29, l~, ~Ilier ~unty, Florida); t~ .Jntlnue ~ ~8'-~ ~e~t 2SQ feet ~ or less t~ t.~ ~ea~ High Vater Lt~ ~ t~ ~lf ~ ~Ic~: t~e no~h~st~rly alc~ said ~an High ~'ater ti~ 241 f~t uc~ ar less to a ~int on t~ said sout~riy ~gnt-of-,~ line ~ State ~ (Ya~rbllt ~e~ch t~ alo~ said ~ght-of~ay li~e Scuth H~8'-~C' Ezst ZOO feet oK les~ to t~ sai~ Flcrlda ~a~nt of Maturzl Rasou~es ~astal C-3~, ~cuth 8~-08'-Z~ E~st 8lO_CO feet to t,~ P~int of He?i~ni~ s~d~Ject to easements an,~ re_st~ctions of ~,J-{ I3 IT ' ,t ' AG£NDA ITEM,. SEC OR BO0 P GE All Lhat pmrt of Section 32, To~nshtp 48 Sauth, Range Z! East, Collier County, Florida, b~tncj descrdb~ as follows; Co~e_nctr~ at t~e sa~.heast c:rner of Section ~t, ~llter ~7, Florida; ~ ~1o~ t~ e~t ll~ ~ said ~7.86 f~t ~ t~ sout~rl~ ~ght~ 1 t~ alo~ said ~9~f-~ 1t~ ~h 8~8'-Z0' ~est 1671.11 f~t to t~ ~I~ OF 8EiiIlI~ ~ tqe e~nt ~.~tn desc~i~; thence South 0~o-51'-38' Ea~-t 151.76 feet; t.~rx:a S~uth ~(79~-Ig'-43'' F.,st -~E.63 feet; t~hence ~u~,h {)40-29'-53' East 27.90 feet; thence Sou~_~ 13o-18,-0I- West 16.gz feet; thence ~or~.h 80o-08'-ZG~ West 16E.ZZ feet; t~.~:e ~or~.h 04:-33'-!5' East 59.22 feet; ~qencm ~h ~-55'-0~ ~st 6.04 f~t; t~e ~,h O~9'-IO' West 8.95 f~t; t~m ~j 3~-15'-25' W'~t 16.16 ~ t~e ~ O~-Sl'-lO' West 20.25 L~e ~h ~o-15'~0' West 17.00 f~t; t~a ~h 2~'-3~ West 34.48 ~he~e ~h 01o-27'-30' East 40.12 f~t; t~e ~ 2Io-tg'-o~ West 21.7a ~ ~e~ ~h 6~-~2'-Z~' Ezst ~.49 feet t~a alo~ said ~gbt-cf~ay ilne ~uth t: t~ Point of 8eginni~ of t~e eas~nt ~in s:~t to e~nts a~ ~str!ctions of r-i g~t -o f-way l?i.91 fa-_t Page I of 1. OR BOOK P GF_ All t.tat part of Section 3Z, Township 48 South, Range 25 E:st, Collier C~unty. Florida, being d~scribed as follews; C~er~in~ at the southeast cor,qe? of Section 32, To.ship 48 South. Range 25 Ea~. ~llier ~y. Flo~da; t~ alo~ t~ east lt~ of said ~ton 32, Mo~h ~-~' -50' ~est 3437.06 f~t ~ t~ ~ut~rly rtght-~ay line cf gta~ Road {Y~e~llt ~h ~ad); t~ alo~ said ~ght~ay li~ ~h 8~8'-Z0' ~ 1~2.02 f~t tc t~ ~I~T OF 8E~NNI~G of t~ pa~t ~in d~sc~i~d; 6u~o-aZ'-g? West 22.49 21°-19'-00' Ez~t 31.78 OlO-ZZ'-2g' West ~O.12 g~O'-2~ Ea~ 24.48 ~-Sl'-iG' fa~ 20.25 f~t; 2~-tS'-Z? Ea~ 16.16 f~t; O~9'-lO' E~ 8.95 040-2?-2? West 59.22 fe ~a~h ~8'-Z~ 'West 7E.06 feet to t,he _~tate of Florida Depar~--~nt c~f ,~aturai FLescur-~s C~astal ~nst~Jct1:n ~nt~i LI~ (per ~d =~ of ~c~, ~c=~ July 29. IS~, ~llier ~unty, Florida); ~e continue ~o~ ~8'-Z~' West ZOO feet ~ CF less to t~e ~ean -__~High Water Li.qe of t,~ Gulf of Xe~ic~; to a poi~ an t~ sa:d sc~t~r[~ ~f~f~ay i i-~ cf State Rcad S~SZ {Ya~erbllt Be~b t~ ~lo~ sal~ ~g~-~f~ay line ~th 8CC~'-2C' East 2C0 feet or less to t~ said Florida ~a~nt of Natural Res~u~s ~nst~Jctlon ~nt~l Li~; t~e c:ntlnue aIo~ t~ sout~rly right-of-way li~ cf said 5tat~ Road 5-862, South ~8'-C~ East t00.27 feet to ~e Point ~ ~e~i~ni~ t~e pa~l ~ln descried; Page I of I. DEC 11 ' /_5 This Instrument Was Prepared By, Record and Return To: 'wrence J. Bailin, Esq. EAKNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, Post office Box 3299 Tampa, Florida 33601 AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (the "Amendment") is made and entered into as of the day of 2003, by and among COLLIER COUNTY, a political subdivision of the State of Florida (the "County"), WCI COMI~LFNITIES, INC., a Delaware corporation ("WCI'), and HMC OP BN LLC, a Delaware limited liability company ("Host"). I. Background. On or about April 13, 1982, Coral Ridge - Collier Properties, Inc. ("Grantor") executed and delivered a Quit-Claim Deed (the "Deed") by which Grantor conveyed to the County the parcel of land described in Exhibit "A" attached hereto ("Beach Access Site"). The Deed was recorded in Official Records Book 966, page 1864, in the ~,blic Eeccrds cf Collier County, Florida. Pursuant to the terms of the Deed, the Beach Access Site was conveyed to and accepted by the Connty subject to certain restrictions, reservations and protective covenants set forth in the Deed, including without limitat~}] the restrictions, reservations and protective covenants contained {~ the Declaration of Restrictions and Protective Covenants attached to the Deed as Exhibit "A" thereto (the "Declaration"), which Declaration was recorded in Official Records Book 966, page 1866, in the Public Records of Collier County, Florida. On April 19, 2002, the County filed an action in circuit court in Collier County, Florida, styled Collier County vs. WCI Communities, Inc., Case No. 02-1562-CA {the "Litigation") seeking a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of the restrictions, reservations and protective covenants set forth in the Deed, including without ltmitation the restrictions, reservations and protective covenants contained in the Declaration (collectively hereinafter referred to a~ the "Deed Restrictions"), and enjoining any further enforcement of the Deed Restrictions as more particularly s~t forth in th~ County's complaint fi]ed in the Litigation. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. WCI is the successor to all of Grantor's rights and interests in and under the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the Litlgation, WCI and the County have agreed to execute and deliver this Amendment, and to abide by and comply with the De~d Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole purpose of memorializing its consent to this Amendment and the terms of an agreement between the County and Most on the use, and the terms of use, of the Parking Garage after Closing Time (as he~ .~inafter defined}. EXHIBIT "B" AGENDA ITEM NO. _1. !%~ _i:Z:~ NOV i 8 2003 Pg. ~ II. Amendment of Deed Restrictions. For and in consideration of the premises and other good and valuable consideration, including without limitation the settlement and dismissal of the Litigation, the receipt and sufficiency of which consideration is hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are hereby amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the "Parking Garage") on the existing parking facility on the Beach Access Site, subject to the provisions of the Deed Restrictions and this Amendm,ent. The Parking Garage (i) may contain up to, but shall not contain more than, 350 parking spaces, and (ii) may exceed the 20-foot height limitation for structures and the t,000 s~are-foot per structure limitation contained in the Deed Restrictions; provided, however, that the height of the Parking Garage shall not exceed, or be designed to ever exceed, the height of the currently existing 2-story parking garage owned by Host and operated by Ritz-Carlton and kno%~n as the Ritz-Carlton employee parking garage (the "Ritz-Carlton Garage") located adjacent to Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The Parking Garage shall be designed, constructed and maintained to be consistent in design and appearance with, and in quality of materlais and worPJnanship equal to cr better than, that of the Ritz-Carlton Garage. The parties hereto acknowledge that the County Parking Garage will exceed the building area (square footage} of the RitzZCarlton Garage, and nothing contained herein shall be construed as limiting the building area of the County Parking Garage to an area equivalent to that of the Ritz- Carlton Garage; however, in no event, shall the maximum number of parking spaces exceed 350. Simultaneously with the construction of the Parking Garage, the County shall also, at its sole expense, construct and maintain a trellis-like structure on the top level of the Parking G~ .;e equal in ~ali~y and similar in appearance to that of the trellis o~ top level of the Ritz-Carlton Garage. Before commencing any construca~on relating to the Parking Garage, the Co~]nty shall submi~ to WCI, for WCi's approval, all plans, including the design, ~andscaping and lighting, for the Parking Garage and trellis. ?3ith{n a reasonable time after receipt of the County's proposed plans for the Parking Garage, WCI shall review said plans and shall notify the County in writing of WCI's approval or disapproval of said plans; if %'3Ci disapproves said plans, i';Ci shall notify the County of the reasons for such disapproval and shall suggest revisions to the plans which may lead the plans to be acceptable to h~CI. WCI may not withhold consent to any proposed design plans on the basis that the building area of the Parking Garage exceeds that of the Ritz- Carlton Garage, provided the total number of parking spaces does not exceed 350. The County shall not construct, maintain or operate any parking facility or other improvements on the Beach Access Site unless such parking facilities or other improvements are constructed, maintained, and operated in accordance with plans and specifications which have been approved in writing by %'CI, which approval shall not be unreasonably withheld. 3. No Additional Parking on Site. No additional parking spaces (beyond the maximum number of 350 parking spaces) shall ever be constructed or maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of increasing either the height or the sque~e footage of the Parking Garage. No additions or alterations to the Parking Galage or trellis shall be constructed or maintained except in accordance with plans and specifications therefore which have been approved in writing by WCI. 4. Closure of Parking Garage. The Parking Garage shall be closed daily no later than one hour after sundown ("Closing Time"}. No parking shall be allowed in the Parking Garage or on the Beach Access Site later than Closing Time except as agreed to in writing by WCI, the County and HOST. AGENDA II.,EM NO. NOV I 8 2003 pg. 2..~ c~..~ 5. Permits, variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary in corlnection with the design and construction the Parking Garage. The County acknowledges and agrees that neither WCI nor any employee or agent of WCI has made any representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the Parking Garage. 6. No Oral Agreements. The parties express_.y acknowledge and agree that there are no oral agreements relating to this Amendment, and they shall not be bound by any agreement relating to this Amendment unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 7. Entire Agreement. No alterations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WCI and the County. 8. Notice. Any notices which may be De,mitred or required under the Deed Restrictions or this Amendment shall be in writing and shall be deemed to have been duly given as of the da~e and time the same are personally delivered, or within three (3) days after ~[epos~ting with the United States Postal Service, postage pre-paid by r~g~stered or certified mail, return receipt requested, or within cne (l) business day after depositing with Federal Express or other reputable over-night delivery service from which a receipt may be obtained, or cn the day telecopied provided that a receipt confirming the valid transmission of the telecopy is retained by the sender and addressed as folicws: In the case of WCI to: WCI Communities, inc. 24301 Wa]den Cen~er !~r~',= Bonita Springs, F!or ida 34134 Attn: vivien Bast ~ n~:~s Telephone: 239/498-~{21% Telecopier: 239/498-82 /7 With copy to: Stearns, Weaver, Hiller i'leiss;er, & Sitterson. P.A. 401 Eas5 Jackson Street Suite 2200 Tampa, Florida 33602 Attn: Lawrence J. Baiiin, Esq. Telephone: 813/223-4800 Telecopier: 813/222 5089 Alhadeff In the case of the County: Collier County Attn: Maria Ramsey, Director Collier County Parks And Recreation 2300 Santa Barbara Boulevard aples, FL 34116 _elephone: 239/353--0404 Telecopier: / - With copy to: David C. Weigel Office of County Attorney 3301 Tamiami Trail East Harmon Turner Building - 8~ F1 Naples, FL 34112 Telephone: 239/774-840[3 Telecopi~r:239/774-0225 AGENDA ITE,¥ Nc)._ NOV 8 2003 In the case of C~ner to: HMC OP BN LLC 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Attn: Craig Mason Telephone: 240/744-5276 Telecopler: 240/744-5776 With copy to: Kevin Gallagher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744-5169 Telecopier: 240/744-5869 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit.the meaning or application of any provision of this Amendment. Wherever in this ~mendm..ent reference is made to a nu/r~er of "days," unless otherwise provided, such reference to "days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have e;<ecuted this Declaration as of the day and year first above written. Witnesses: WC [ (iC}.{MUN [ ['i ES, fNC., a Delaware corporation By: Print Name: Print Name: Its: Print Name: ATTEST: DWIGHT E. BROCK,CLERK By: Deputy Clerk COLLIER COUNTY, a political subdivision of t~e State of Florida By: TOM HENNING, Chairman Two Witnesses: PiMC OP BN LLC, a Delaware limited liability company By: Print Name: Print Name: Its: Print Name: -4- STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of ~ . , 2003, by , as of WCI CO~/NITIES, INC., a Delaware corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. Printed Name: Notary Public Serial Number (if any): My Commission Expires: (NOTARY SEAL) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this __ day of 2003, by , as of HMC OP BNC LLC, a Delaware limited liability company, on kehaif of the company. He/she is personally known to me or has produced ___ __ as identification. Printed Name: Notary Public-- Serial Number (if any): My Commission Expires: (NOTARY SEAL) I:\w-re\36190\805\Amd ResCov-WCI002.doc I0z28/03 Approved as to fora & legal sufftc~C.~ Assistant Count~ Attormy~ ~llen _ T. Chadwe11~ AGENDA ~I,EM I 8 2003 000965 0018Z3 OR ~OOK ?AGE LE.~L DE~IFF, !ON ~i~ at t.~ =~u~t c=~r of S~ctlon 3Z. To~ship &8 Sou~, {Ya~e~i It ~ach (Ya~rbtlt ~each Raa~); t~a aIo~ said ~ght-~f~ay llne Sc=iq 2~2'-Z0' East ZDO feet ~nxt~Icn ~nt~l s~t to ez~nts a~ ~st~ctluns of AGENDA iTEM NOV i $ *~ EXHIBIT INDEMNIFICATION AGREEMENT This Indemnification is made and executed this __ day of November, 2003 by Ritz-Carlton Hotel Company, LLC ("RITZ-CARLTON") in favor of Collier County (the "County"). WITNESSETH: WHEREAS, the County is the fee simple title holder to that certain real property located in Collier County, Florida and more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Property is currently used as a beach parking lot for the general public; and WHEREAS, the County and WCI Communities, Inc. ("WCI"), have reached an agreement whereby the County may build a two-story parking facility on the Property; and WHEREAS, RITZ-CARLTON wishes to occasionally utilize the parking facility once constructed after public hours of operation for valet parking at special events held at the Ritz Carlton, Naples ("HOTEL"); and WHEREAS, the County agrees to allow RITZ-CARLTON to use the parking garage under those certain terms and conditions memorialized in a settlement agreement executed by the County, HOST, RITZ- CARLTON and WCI; and WHEREAS, RITZ-CARLTON agrees to indemnify the County from any liability or claims that may arise out of their use of the Property as more fully set forth below. NOW THEREFORE, in consideration of and as a condition to the County allowing the use of the County's Property, and such other good and valuable consideration, the sufficiency of which it is hereby acknowledged, RITZ-CARLTON agrees as follows: 1. RITZ-CARLTON will indemnify, defend and hold the County, its employees, appointed and elected officials, contractors, and volunteers and other individuals acting on behalf of the County ("Ivdemnified Parties"), free and harmless from and against any and all actions, claims, liabilities, assertions of liabilities, losses, costs and expenses whatsoever, including but not limited to attorney's fees, by any persons or entity, which in any manner may arise or be alleged to have arisen or resulted from the use of the Property by RITZ-CARLTON, including, without limitation, any claim or claims for bodily injury, death, or property damage, except to the extent that such losses, injuries, or claims arise from the Indemnified Parties' gross negligence or willful misconduct or Indemnified Parties' negligence in connection with the construction, design, or repair of the physical structure of the County's parking garage. This provision includes any claims, liabilities, actions, costs, etc., resulting from the negligent acts of RITZ-CARLTON. 2. RITZ-CARLTON as used herein shall include its officers, directors, employees, agents, successors, assigns, contractors, invitees, licensees and other persons acting on its behalf. 3. RITZ-CARLTON shall inform the Office of the County Attorney in writing, with a copy to the Director of Facilities Management, of any claims, demands and threatened litigation that may involve the County within five (5) business days of its knowledge of such claim, demands or threatened litigation. Page I of 3 EXHIBIT "C" ^r _NO8 NO. ~O2¥ NOV 1 8 2003 4. This Indenmification shall not be assignable by RITZ-CARLTON without the prior written consent of the County, which consent shall not be unreasonably withheld. 5. RITZ-CARLTON will observe all federal, state and local laws and to operate and use the parking facility with due diligence and care. RITZ-CARLTON acknowledges that the County will not be providing any staffing or security for the facility after daylight hours of operation and RITZ-CARLTON agrees to assume responsibility in this regard during its use of the facility. 6. Upon requesting to use the parking facility, RITZ-CARLTON will submit a Parks and Recreation Rental Permit and Agreement Form, and shall adhere to the terms thereof to the extent they do not directly conflict with the terms herein or the terms set forth in that certain Settlement Agreement referenced above. RITZ-CARLTON will return the parking facility in the same condition as when it commenced its use of the facility and will remove all vehicles prior to sunrise. IN WITNESS WHEREOF, RITZ-CARLTON has executed this Indenmification Agreement on the date written above. WITNESSES: THE RITZ-CARLTON HOTEL COMPANY, LLC. a Delaware limited liability company By: (Print Name: .) Name: Position/Title: (Print Name: ) STATE OF COUNTY The foregoing instrument was acknowledged before me, this of November, 2003, by __ , as .(position/title) of The Carlton Hotel Company, L.L.C., on behalf of said company, who is ( ) personally known to me or ( produced as evidence of identification. ) has (SEAL) NOTARY PUBLIC Name: My Commission Expires: Page 2 of 3 NO. NOV I 8 2003 ACCEPTED BY: ATTEST: DWIGHT E. BROCK CLERK OF COURT By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TOM HENNING, Chairman , Deputy Clerk Approved as to form & legal sufficiency Asslstant Counts Attorne$ El1~ T. Chad.11 ~ Page 3 of 3 AGENOA IT, EM N0. NOV I 8 2003 ~ ala~ ~ e~ ]~ ~ sa~d 3~37.06 fe~t ~ ~ soul, fly rieht~ li~ {Va~e~ilt ~a~9 t~ ~lo~ said ~g~t-ofia~ li?~ ~.9 --t.~e 5~9 ~-~'-4~ West 2E.~ f~t; ~Yi~ ~ of ~c:~ ~c:~ ~ly 29. l~. ~ilier t~ nc~9~st~rly alo~ said ~an H!qh Water ti~ 241 f~t uo~ ar less ~ a ~int on t~ said s~ut~rly ~g~t-af-~ {Ya~bilt Be~ch t~e aI~ said ~ght-~f~y llne Sou~h ~B'-ZO' or l~ t~ t~ said F3arida ~a~n: of Mat~ra] Resau~es ~astat ~-8~. South 8~8'-2~ E~st 810_SO feet to t~ Point of 5eglnnt~ cf s~t to ea~nts a~ ~st~ctlons of NO. NOV IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, a political subdivision of the State of Florida, Plaintiff/Counterdefendant, Case No. 02-1562-CA Vo WCI COMMUNITIES, INC., a Delaware corporation, Defendant/Counterclaimant. / STIPULATION OF DISMISSAL WITH PREJUDICE It is hereby stipulated by and between the undersigned counsel for the respective parties that this action and all counterclaims be dismissed, with prejudice, with each party to bear their own costs and attorneys' fees. Ellen T. Chadwell Florida Bar No. 0983860 Office of the County Attorney Harmon Turner Building 3301 East Tamiami Trail, 8th Floor Naples, FL 34112 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 Counsel for Plaintiff/CounterDefendant John N. Muratides Florida Bar No. 332615 Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. P. O. Box 3299 Tampa, FL 33601-3299 Telephone: (813) 223-4800 Facsimile: (813) 894-6251 Counsel for Defendant/Counterclaimant EXHIBIT "D" EXECUTIVE SUMMARY APPROVE A PURCHASE AGREEMENT FOR $635,000.00 AND ACCEPT A WARRANTY DEED FOR LAND LOCATED WITHIN THE AREA KNOWN AS THE GATEWAY TRIANGLE FOR THE PURPOSE OF STORMWATER RETENTION, CONTINGENT UPON AN ENVIRONMENTAL AUDIT SUGGESTING ONLY MINIMAL CONCERNS (OR NONE AT ALL) AND GIVE STAFF DIRECTION AND APPROVAL WITH REGARD TO FUTURE PURCHASES FOR THIS PROJECT. OB,[ECTIVE: Present the Board of County Commissioners with a Purchase Agreement in the amount of $635,000.00 and a Warranty Deed from Mary W. Smith for a property totaling 1.69 acres of vacant land zoned C-5 (Heavy Commercial) for the purpose of combining the vacant land with the County owned property contiguous to the Smith parcel, both of which are located within the Gateway Triangle, toward the goal of assembling enough acreage to provide a necessary stormwater retention area for rainfall overflow; and for the Board to give Staff direction with regard to future expenditures toward the purchase of other available land (s) for this project. CONSIDERATIONS: The Ga!:,, .;~ay Triangle is an area bordered by US 41 to the west and south, Davis Boulevard to thc. ~rth and Shadowlawn Drive to the East (See Exhibit "A"). It is an area that is almost fully developed and includes a mix of residential, commercial and light industrial use properties. During the BCC Budget Workshop on June 26, 2003, the Board of County Commissioners supported continued movement forward with the project undertaken by Stormwater Management approximately four years ago to correct the serious flooding and drainage problems the South and East Naples areas were experiencing during heavy rains. They were advised by County Staff that the money the Commissioners were appropriating in the Fiscal Year 2004 budget was for land acquisition (pond siting), re- engineering design, and the start of some of the Linwood Avenue drainage and pathway construction, which is all part of this project. The Gateway Triangle area has a limited stormwater outfall storm drain pipe along US- 41. To reduce the flooding impacts, a large retention pond of ten to twelve acres to temporarily hold the excess volume is needed. If adequate pond site acreage is not available, an alternative such an a large above ground storage tank could be considered if necessary. One approximately 2.5 acre parcel of land has already been purchased for a pond site.The selection of these two properties (the Smith parcel and, at a future date, the Mendes )roximity parcel) for acquisition and use as stormwater detention facilities was driven by to both the County-owned parcel and the existing US-41 storm drain connectio fact that these parcels are vacant and for sale by willing sellers. NOV ! 8 2003 Pg- Executive Summary Gateway Triangle, Smith Property Acquisition Page 2 of 6 Both properties presented for purchase in this Executive Summary abut the 2.5 acre County owned property. Stormwater Management Engineers recognize that it is very beneficial that these properties are contiguous to one another, thereby increasing the ability to assemble the land for retention without affecting developed properties or unwilling sellers. Typically, Staff would separate the requests to acquire the properties; however, since they are an integral part of the overall project, it seems more appropriate for explanatory purposes to both offer an explanation and request direction and approval within one Executive Summary. One of those properties, owned by Mary W. Smith, presents a unique opportunity due to its size and location. The property offers frontage along East Tamiami Trail and equally abuts a second property, owned by Antone C. Mendes, which is of interest to Staff and shall be further discussed within this Executive Summary. The Smith property is one of the remaining vacant properties for sale in this general area and was listed with a Realtor for $695,000. The independent appraisal firm contracted by the County valued the property at $485,000, which is significantly less than the asking price. Due to the difference between the listed asking price and the appraised value Staff felt that the Board would appreciate an explanation. The appraiser ad. justed the value downward due to the irregular shape of the parcel and its inability within those dimensions to adequately service a typical commercial business. The value was further adjusted downward due to the percentage of wetlands on the land. The County's intended use for this property as a retention pond did not necessitate heavily weighting the factors of irregular shape and percentage of wetlands from the appraiser's standpoint. It was the appraiser's task to estimate the value of the parcel according to its highest and best use, which in this instance is commercial use. Although the County is not planning to use the parcel for its highest and best use, it must still be a consideration in the negotiation of the price of the land. In accordance with the provisions of the Florida Statutes governing the acquisition of properties valuc.i in excess of $500,000, a second firm was contracted to prepare a second indepc~,c,~? appraisal. The mandatory second independent appraisal for the Smith parcel was received on October 29, 2003 that established a market value of $592,400. This equates to a value of $8.05 per square foot (p/sf). Staff feels that the Board should be made aware that the anticipated expenses to be incurred for the environmental audits for both the Smith and Mendes properties could run between $4,500 and $8,000 depending on the findings in the Phase I Environmental Audit, and the need for a possible Phase II Audit. Prior to further expenditures on this project, Staff is requesting Board direction and approval for the expenses that will be incurred to continue forward with the testing, acquisition and expenses toward that end, as was directed by a previous Board, hen they NOV 1 8 2003 Executive Summary Gateway Triangle, Smith Property Acquisition Page 3 of 6 directed Staff to remedy the flooding problem in that area, and to request that the Board approve the purchase of the Smith property Through a lengthy negotiation process, County Staff and the owners representative agreed upon a sales price of $635,000 ($8.63 p/sO pending approval by the Board of County Commissioners. Although the agreed upon price is 31% higher than the first appraised value and 7% higher than the second appraised value, and keeping in mind that we are stewards of the taxpayer's money, Staff had several viable considerations. At $8.63 p/sf it falls within the range of the unit prices paid for commercial property in that area. Due to the serious nature of the flooding in that area, the scarcity of vacant property in that area, the scarcity of willing sellers in that area, and the value of both the Smith and the Mendes properties due not only to those factors, but to the proximity to currently owned County land, Staff believed that it was prudent to move forward with negotiations on both parcels. The lowest price that Mrs. Smith, the owner, is willing to accept ($635,000) is 17.8% higher than the average of the two appraised values. Staff has made the owner aware that an extraordinary (super-majority) vote of the Board will be required for the purchase of the subject property since the lowest price she will accept is in excess of the $500,000 statutory threshold. Staff recommends that the Board consider the purchase of this property. Staff has been in negotiation for a period of time with a second property owner, Mr. Antone Mendes, and hopes to have this matter resolved in the near future. The six Mendes parcels total 0.42 acres of land. The property was appraised by the County Review Appraiser for $168,000 and by an independent appraiser hired by the County for $160,000. While the subject property was previously listed for sale at $215,000, it was not actively listed for sale at the time that the property owner was approached by County Staff. Both appraisers offered a range per square foot of comparable properties sale prices to assist with the negotiation between the County and Mr. Mendes. Prices paid for comparable property in this area ranged from an adjusted price of $6.52 to $9.64 per square foot. For the purpose of achieving significant cost savings, Staff would like to order environmental studies on the Smith and Mendes parcels simultaneously. Staff requests that the Board direct Staff to continue to negotiate terms and price with Mr. Mendes within the range of adjusted unit prices contained in the independent appraisal report ($6.52 through $9.64). Once satisfactory terms have been negotiated, Staff will bring the purchase agreement back to the Board for approval of the acquisition and closing on the Mendes property, under the direction and approval of the County Attorney' s office. In addition to requesting approval for the acquisition of the above mentioned parcels, a request is being made that the Board give direction to Staff as to how to proceed with this Stormwater project, given that the remaining land available in that area is currently occupied with either commercial or residential improvements. NOV 1 8 2003 pg. ~-~ Executive Summary Gateway Triangle, Smith Property Acquisition Page 4 of 6 One option, discussed at the previously referenced BCC workshop, is vertical containment. This will impact fewer residential and business owners in the Gateway Triangle area. Another option is to construct an open stormwater retention area. Approximately eight to ten more acres are needed for that type of retention area. In order to assemble enough acreage in this area other properties must be acquired. If residential properties were to be acquired, approximately thirty-plus homes could be affected. Some sellers might be willing sellers and a satisfactory price could be negotiated. On the other hand, those owners who are not willing to sell their homes could be forced out through condemnation. Such a course of action, however, would run counter to the Board's long- standing aversion towards the forced relocation of County residents in order to make way for public works improvement projects. In addition to the social cost, staff estimates that condemnation could add roughly One Million Dollars (in addition to the Smith and Mendes parcels) to the cost of the project if residential properties are to be considered. It is also possible that condemnation could add between one to two years to the length of the project as the courts grant extended occupation to the displaced residents while they find suitable replacement housing. The other option is to approach the business owners surrounding the Smith and Mendes parcels. The surrounding businesses, for the most part are fully operational, and condemnation could expose the County to excessive costs for both land as well as business damages, along with any court costs. Staff estimates roughly that the cost to acquire these parcels could be in the range of Four to Eight Million Dollars. County Staff has explored the possibilities and feels that direction from the Board is the most appropriate course at this time. "FISCAL IMPACT: For the purchase of the Smith property, the fiscal impact is $635,000 plus recording fees not to exceed $200.00 and estimated environmental assessment costs not to exceed $8,000. 'Funds are available in Fund 301 (Facilities Management County-Wide C1P) under Project No. 51803 (Gateway Triangle Improvements). GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1) 2) 3) Approve the Purchase Agreement for the Smith parcel pending a favorable outcome of the environmental audit; Accept the Warranty Deed for the Smith parcel; Give direction to the County Attorney's office to oversee the negotiation and acquisition of the Mendes parcel to be brought forward to the Board for approval upon agreement of a purchase price; NoA(~E.~..NDAt~_.EM NOV 1 8 2003 Executive Summary Gateway Triangle, Smith Property Acquisition Page 5 of 6 4) 5) 6) 7) Give County Staff direction on what they determine is the most viable step to pursue for the purpose of future acquisition of parcels, either from options stated or an option to be determined; Approve expenditures for environmental audits for the Smith and Mendes parcels per the discretion of Staff; Authorize the Chairman to execute the Smith property Purchase Agreement on behalf of the Board; and Direct Staff to record documents and complete all tasks related to the acquisition of the Smith parcel, inclusive of the additional cost of recording fees. A D EM NOV 1 8 20O3 Pg. ~ Executive Summary Gateway Triangle, Smith Property Acquisition Page 6 of 6 SUBMITTED BY: ! ti~/b7~ ~ Date: ~ 2~, 200S-. Hope Brack, Sr. Property Acquisition Specialist Transportation Right-of-Way REVIEWED BY: · / Date: Kevin Hendncks, Right of Way Acquisition Manager Transportation Engineering & Construction Management Peter Hayden, Project Manager Stormwater Management Date: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Robert Wiley~.E., Principal Project Manager Storrmvater Management Mike Eltalamaki, P.E. Date: Storff~wateg Manag,gment, Road Maintenance Director // ~" Date: _ ~,~. ,/ , ~ ~t L: k,, ,_.,---" .; Gregg Strakaluse, P.E., Director T~ortation7 ~,_ ~' Eng~ering & ConstmctiOnDate: Management Nor~ ~:-e'-'.def, AICP, AdminishSator Tr;sportation Services Division AGENDA~'EM No._t©? NOV 1 8 2003 liT ~ ~FRE~RICX B'TS ! P~LN ~T ANDREW AVE t AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MARY W. SMITH, (hereinafter referred to as "Seller"), whose address is 551 8tn Avenue South, Napfes, Florida, 34102-6915, and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter collectively referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference; and WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth herein; and WHEREAS, Seller is agreeable to such sale and to such conditions and agreements, as contained herein. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.0t In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". ;""% PAYMENT OF PURCHASE PRICE .~. ~..)~",k/,, ~', 2.01 The purchase price (the "Purchase Price") for the Properly shall be ~, payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed(s) in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Cedification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant)in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set fodh. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Adicle, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Properly, together with hard copies of all exceptions shown thereon. Purchaser shall have thidy (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obtigations, if any, which obligations shall be paid at closing, if the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within fifteen (15) days of execution of this Agreement. V. APPRAISAL PERIOD [DELETED] VI. INSPECTION PERIOD 6.01 Purchaser shall have forty-five (45) days from the date of this Agreement, ("inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Properly can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If c~,~rchaser is not satisfied, for any reason whatsoever, with the results of any in'-. tigation, Purchaser shall deliver to Seller prior to the expiration of the lnspec,on Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, '", ,,,,,,,-.~., ......... shall '~'= ...... Sc!let cop!oc ",~ '~' ; ~^' ~ reports .............. o2g,n~rm~ 2,nd ~,, .............................. ~ , ~.,~, ...... , ................. ~e,~lB~W4,g:1-r ~ ~ r. ~ ~` 6.03 Pbrchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. Vltl. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Properly, shall be prorated at Closing based upon the gross amount of 200'r~ taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the padies, and take into accounl the peculiar risks and expenses of each of the parties. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.0t Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. 11.012 Seller has the full right, power, and authority to own and operate the Property and to execute, deliver, and perform its obligations under Agreement and the instruments executed in connection herewith, and consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. Prior to Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, including all court orders or findings arising from the bankruptcy proceeding. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the pad of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Properly to Purchaser according to the terms of this Agreement. 11.015 There are no pending options to purchase or sales contracts pertaining to the subject Property. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains .in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that it has no knowledge that any pollutants are or have been discharged from the Properly, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transpodation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that it has no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Properly. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. ....................................... y ............ ~ .......... .... '~"~ against,; ..... ~ .... ~ ....... ~ by Purchaser, ~'~*',, or ~ndlrcct~y -~; ...... ~ .... with, ~,,+ ~+ ~;~;+~ +~ +h~ r ..... h~;,,~ EnvircnmcntaJ -~pons~. Onmp~n~afi~, ~nd Li~bffi~y Act of !980, 42 U.S.C. Section g60~, - -~l seq., ("~FR~I A" nr "gup~dund")= which waC ~m~nd~d ~nd upgraded by the _~y ~m~ndm~nt~ fir ~llnn~nr in fu~gtioq tO these aots. Th~s -the dghte ~j ~,,r~h .... ~ ...... a~' =A~" ..... ;"~ ~*~ .... ~ ..... ' d=gmod 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either pady hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Hope Brack Right of Way Office TE &CM Department With a copy to: If to Seller: Ellen T. Chadwell Assistant County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 ..cc With a copy to: 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. NOV 1 2003 XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the padies hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be e" ;tive unless it is in writing signed by the pady against whom it is asserted, ar .ny waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida, and the District School Board of Collier County. 14.09 If the Seller holds the Property in the form of a padnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement shall be governed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TOM HENNING, Chairman AS TO SELLER: DATED: ;~r.EssEs: (Si~;~atu~) (Printed Name) (Signatjdre) (Printed Name) .~ .. , i/; MARY W,:~S MITH Approved as to form and legal sufficiency: Assistant County Attorney Pg. TR.IGO, EVI~R$ & ASSOCIATE~, INC. Pr~fe~$~al land Sur'~orl and Planners NIp~'s, F~t~a 33~0 D£gChlPTION A parcel of land lying in and being a part of the NEt of che S£~ of ch~ }~ of Sectiom 11, Tovn~hlp 50 South, Rmmge 25 East, Collier County, Florida, beimg more particularly described aa follow~: Beginning at the Northeast cornar of the N£~ of the S~ of the ~! of Section II, Tovn~hip 50 South, R~ng! 25 East, Collier County. florida: thence along the £a~t line of ~ald HE~ of the SE~ of tho NWl, S 00' 00' 10" E 682.46 feet to the Horthea~terly right-of-way line of U.S. &l (Tam,ami Trail): ~hence along ~aid right-of-wmy line, N 51~ &2' ~0" W 171.~6 feet: thence X 1~' 27' 61" E 232.43 feet: ~hence ~ ·19' $$' 20" W 37.96 leeK; ~hence N 38' 17' 10" E 20.0~ feet: thence N 51' ~2' ~0" W 70.00 feet; thence $ 3~' 17' 10" W 20.00 fee:; thence S 2~' 29' ~0" 42.30 fee~; Chance N ~1' 42' 50" W ~0.00 feet; chance N ~8° [7' 10" £ 11.92 feet; chenel N 00' gO' 10" W 276.A6 feet; thence £nst l&O.O0 feet :o the ?oint of Beglnnln EXHIBIT ! mm SP~U~E ~- ! PINE ST PINEbAND"~YE I]HAOD~fL A~ 4V~ PROJECT NAMEi Gateway Triangle PARCEL FOLIO #: 00387000008 WARRANTY DEED THIS WARRANTY DEED made this day of ,20 , by, MARY W. SMITH, whose post office box is 551 ~rH Avenue South. Naples, Florida 34102- 6915, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 341 t2 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of lhe sum of Ten Dollars ($10.00) and other valuable consideration, receipt v,'hereof is hereby acknowedged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This is not the Homestead properly of the Grantor nor has it ever been the homestead property of the Grantor.. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is Iawrully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. -'(Signature) (Print Full Name) (Print FuU Name) By: ' MA~F~ W. SMITH STATE OF FLORIDA COUNTY OF COLLIER ,fgregging instrument was acknowledged before me this ~ ~/ day of ,¢yCE¢,~'¢~ ,,20~_;~, bY MAR~. SMITH, who is personally known to me ~R~as produced ¢/ ~~~;~', as~oo~ ~f identiJ~. (affix notarial seal) ( , %, ~ ~~~ ~¢~tUre of Nota~blic) n 1'pm ~ ~)~l sufftctenc) ("~int Name of Notary Public) NOTARY PUBLIC Serial/Commission # (if a~y)u~D,¢ Y,2/~ ~ My Commission Expires:/_?_~.z~___ · ,-2'"'~//~42 ¢ ,~ NOV 2083 A parcel of land lying in and being a part of the NE~ of cbc 6£] of the )~i of Section 11, To~n~hip 50 South. Range 25 ~ast, Collier County, Florida, being more particularly described ae fellers: Section Ii, Township 50 South, Range 25 gatt, Collier County, Florida: thence along the £nst line of said ~E~ of the SE~ of the ~, to :be Northeasterly rlght-of-~ay line of U.S. 4I (Tamiami ?rail): thence along anid rigbt-of-~ny line, N 51' 42' ~0" W 171,46 fee:; th=ncc ~ 19' 27' 41" E 232,&3 feet; thence N ~9' 55' 20" W 3~.9~ fee~; thence N 38' 17' 10" £ 20,00 fee~; ~hence N 51° 42' 50" W 70.00 feet; thence S 38' 17' I0" W 20.00 fee:; thence S 2~* 2~' 10" 42.30 feet; thence N 51' a2' 50" W 50.00 feet; thence N 38' 17' 10" E ll,92 feet; thence N 00' 00' 10" W 276.16 fee~| thanes East il0.00 feet :e the Point of Beginnin. SUBJ£CT TO an ingree~e~r*ss eae~m~n~ over the'£~:et.20"fee:':}~o~.. EXHIBIT A SPRUCE ~INE~AND"AVE !BAY$IOE ~R I~ID~EW SHAODWLANN AVE ..- EXHIBIT A ®J PROJECT NAME: Gateway Tdangle PARCEL FOLIO #: 00387000008 WARRANTY DEED THIS WARRAN'CY' DEED made this day of ,20 , by, MARY W. SMITH, whose post office box is 551 8TM Avenue South, Naples, Florida 34102- 6915, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, iegal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, ail that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This is not the Homestead property of the Grantor nor has it ever been the homestead property of the Grantor.. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. ~Signature) (Pdnt Full Name) STATE OF FLORIDA COUNTY OF COLLIER L,~ fgreg~ng instrument was acknowledged before me this day of ,,~-K~,¢.4 ,/.~0_~, b_yMAR~.VV.S.,~MITH, who__ ;is..p, em.,o, nally known to me ~O'R/nas produced ~:~,Z, 'Z/~r.,~r.~>~.~,_,,,.~_./',,-,.~ \ as proo! or' ~qent~z)5, (affix notarial~eal) ' ( ~ ~/',wt,~ ~--~ '~'g~l~tu're of Notar~--P[Jblic) ~ (~int Name of Notary Public) Expires ^ugtm 2s, 2007 NOTARY PUBLIC aQy)~L~D ~ ~',~/o~ ~ Serial / Commission # (if My Commi~,sion Expires: ~'~//z~, ,~_~/~Od ,~ T~GO, EVERS & ASSOCLATES, INC. Pmfoss~nal Land Sur~To~ and Planners A parcel of land lyins in and bainK a part of the N~! of the SE} of the t~} of Section 1[, Township 50 Sou=h. Range 25 £ast. Collier Coun=y, Florida, baing more particularly described as follows: ~e$inning at the Nortb~as~ corner of the NE} of the S~ of the NWl of Sect£on iI, Township 50 South, P~nge 25 Eas~, Collier Coun~7. Florida; thence aloes ~he Eas~ line o~ said ~E} oE ~he ~E~ oE ~ho ~, S 00' 00' 10" E 6~2.~6 ~eet ~o =he ~orthea,terly r[Rbt-o~-~ay li~e o~ U.S. &[ (Tmmiamt Trail); ~hence along said right-of-way line. N 51' 42' }0" W 171.46 feet; thence N 19' 27' 41" [ 232.&3 f~t; ~h~nce N 19' 3}' 20" W 37.96 fe~; ~hemce ~ 38' 17' 10" E 20.00 feet; ~hence N 51' 42' ~0" W' 70.00 fee~; ~henca S 38' 17' 10" W 20.00 feel; ~hence S 23' 29' 40" 42.30 feet; thence N ~1' 42' }0" W }0.00 feet; thence N 38' 17' 10" E 11.92 fee~; thence N 00' 00' 10" W ~76.46 fee~; th~ncm g~st 140.00 feet :o the Point of Beginnin SU~E~ TO an IngresmZairasm easemen} over :he-~:s~.20"~ee~'=~Jo~.. EXHIBIT A CARTER ST PINEb~ND"A¥~ ANOREW AVE EXHIBIT A Page ~-=4~-. ' NOV 18 2O03' AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MARY W. SMITH, (hereinafter referred to as "Seller"), whose address is 551 8th Avenue South, Naples, Florida, 34102-6915, and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter collectively referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference; and WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth herein; and WHEREAS, Sel~er is agreeable to such sale and to such conditions and agreements, as contained herein. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT ~" 1.01 In consideration of'th(J pu'rchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE /'~¢'.~o 2.01 The purchase price (the "Purchase Price") for the Property shall be ~, payable at time of closing. Ill. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the, Closing shall be as follows: .. , 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed(s) in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Inlernal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of thedeed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subiect to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Properly taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thidy (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in-the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time p.eriod provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within fifteen (15) days of execution of this Agreement. V. APPRAISAL PERIOD [DELETED] VI. iNSPECTION PERIOD 6.01 Purchaser shall have forty-five (45) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all' applicable State and Federal environmental laws and the Property is. free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, ~ .......................... Pur~h rccpcct to 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours pdor to said inspection of the Property. VII. iNSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 200~, taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific pedormance of this Agreement. 10.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take .into account the peculiar risks and expenses of each .of the parties. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 1 1.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to' perform all tasks required of each hereunder. 11.012 Seller has the full right, power, and authority to own and operate the Property and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. Prior to Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, including all court orders or findings arising from the bankruptcy proceeding. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.01 5 There are no pending options to purchase or sales contracts pertaining to the subject Property. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect, to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. i :OV 1'11-21:F03 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that it has no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Properly has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of th~ Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that it has no knowledge that there is ground water contamination on the Properly or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Propenh/or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's represbntations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. ............................... ~ ........... '"'~'~' sh'~ll -- ~eq., ("OF~CI A" or "~up~ffund"). which wn~ nm~nd~d ~nd ,?ornd~d h~ the nnv nmnndmnnf~ nr m,nnp~nr in f:,netinn tn fhe:e acts This provision a~ 11.024 Any loss ancot damage to the Prape~ between the date of this Agreement and the date of Clasing shall be Sellers sole risk and expense. Xll. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Hope Brack Right of Way Office TE &CM Depadment With a copy to: If to Seller: Ellen T. Chadwell Assistant County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 With a col3y to: 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or'fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or repr. esentative, in connection with this Agreement. Seller agrees tO pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. NOV 2olg J ~.7'~/.7~ _~.¢.~. ¢/ has be~ing-'~-~s a transaction broker on o~ tl~e Seller, and th~,t any commission to which the broker is entitled is the sole responsibility of Seller. XlV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. t4.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asseded, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida, and the District School Board of Collier County. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County, (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement shall be governed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT_ 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing, and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC:__ ASTO PURCHASER: DATED:_ ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TOM HENNING, Chairman AS TO SELLER: ,)../~E S S E S: (Printed Name) (Signature) (Printed Name) MARY W~'SMITH Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney TRIGO. EVil,RS & AS.SOCIATES. INC. Professional Lind Surveyor~ and Planners Nap~e~. ~a 33~40 TM. ,'tl~o,o 8 A parcel of land lying in and being a part of the N~! of the SE! of the NWl of Section 11, Tovn~hip 50 South, Range 25 East, Collier County, Florida, being more particularly dcacribed aa fullers: Section I1, Tovnship 50 South, Rznge 25 East, Collier County. Florida; thence along the East line of laid NE} of the SE} of the NWl, $ 00' 00' 10" E 682.46 feet co ~he Northeamterly right-of-way line of U.S. 41 (Tamiami Ir:il): chance along maid right~of-ray line, N 51' ~2' 50" W 171.46 feet: thence X 19' 27' 41" E 232.43 feet: chance N .19' 55' 20" W 37.96 feet; thence N 38° 17' lO" £ 20,00 feet: thence N 51' AZ' bO" V 70.00 feet; thence S 3B' [7' {0" V 20.00 [ac:; thence S 23' 29' &2.30 /eeC; chance N ~[e 42' ~0" V 50.00 feet; thence H 38' 17' tO" E 11.92 £eet; thence N 00' 00' 10" ~ 276.&6 feat; thence Eamc [~0.00 feat zo the Point o~ ~eginnin, SUBJECT TO an ingresl/esrall ense~nnt over ~he.~a:sc.20"jeet'c{~o[.. : EXH r A ;FREOR~CX ..~ .~ ...... PAL~ ET ; ~ SPRUBE . t P;NE 8T E OR A#O~qE~ AVE t EXHIBIT Page EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL TO AWARD RFP # 03-3505 "TRANSPORTATION ROADWAY ASSET INVENTORY DATABASE" AND AUTHORIZE STAFF TO COMMENCE NEGOTIATIONS. ESTIMATED FISCAL IMPACT TO BE $250,000. OB.JECTIVE: To receive Board approval of Committee's selection of firm for professional services for data collection related to roadway asset inventory and authorization to begin contract negotiations for subsequent Board approval of contract. CONSIDERATIONS: The Transportation Service Division maintains a comprehensive inventory of roadway infrastructure assets. To maximize the life of all the roadway infrastructure assets with the least overall cost, the Transportation Services Division needs to record and report on its value and condition of all existing assets. To meet that requirement, the Transportation Services Division needs to develop a highly accurate geographic information system of all County roadway system and all transportation roadway assets. Pursuant to meeting that goal, an RFP was publicly advertised on March 21, 2003. Notices were sent to 249 firms with 90 firms requesting full packages. Four responses were received by the due date of April 18, 2003. A Selection Committee meeting was held on May 28, 2003, and after review and discussion of the proposals; the committee selected two finns, Transmap and. Space Imaging, as finalists for consideration, however, it was determined that additional clarification of some proposal information was needed in order to make a decision as to the final ranking. Questions were composed by the committee, and submitted to the finalists. The finalists were requested to present the answers directly to the committee in the form of a presentation. The presentations were given on June 27, 2003. Following the presentations, a Selection Committee Meeting was held, and the final ranking, by consensus was as follows: 1. Transmap 2. Space Imaging During the course of Transmap's presentation, they used a former Selection Committee Member and currently contracted County GIS Consultant as part of their presentation team. Due to potential conflict of interest concerns, the decision was made to make the final shortlist recommendation subject to an inquiry as to the relationship between the consultant and Transmap. After review of the information submitted by Transmap and the consultant, the Purchasing and General Services Director determined that Transmap's proposal should be disqualified. The Selection Committee was reconvened on July 30, 2003 to discuss; whether to approve the second ranked firm for selection, and during the course of discussion, it was determined that there were several issues related to the collection and application of the data that were unresolved. F6r these reasons it was decided by the Committee that it would interests of the County to reject all proposals. Subsequent to this decision, the lr~st)maa~aon "-" NOV .[ 8 2003 - ]. - Administrator reviewed the Selection Committee's recommendation and requested that the Selection Committee reconvene to reconsider the award based on his determination of the business and operational needs of the division. A Selection Committee meeting was held on September 15, 2003 whereby the Committee was briefed by Mr. Feder as to his reasons for requesting reconsideration of the project award. After discussion and review of the stated operational requirements, by consensus, the committee recommended award of the contract to Space Imaging as the available qualified firm. With Board approval, negotiations will commence with this firm. Subsequent to the posting of the award recommendation, Transmap filed a formal protest in accordance with the County's purchasing policy. A copy of the protest and the Purchasing Director's decision are enclosed. FISCAL IMPACT: Funds in the amount of $250,000 are available in the County-Wide Capital Fund (301) under the GIS project (50014). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact result from this project. RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Committee's selection of firm. (2) Authorize staff to begin Contract negotiations. SUBMITIZ;D BY: y~n~io Beth ' r G1 P. EVIEWED BY: ~ _0.~._., Be~ ~ller G.I.S Project Manager ~V~DBY: _~ Steve ~11 e u APPRO~D BY: No~~~: T~nspo~ation Ad~nistra[or Date: Date: 1[/~i'O3 Date: //~ 3 Date: /t~_..~ -2- ITEM NOV 1 8 2OO3 Pg. COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT November 6, 2003 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 732-0844 Mr. George E. Spotford, Esq. Glenn Rasmussen Fogarty & Hooker, P.A. 100 S Ashley Drive, Suite 1300 P.O. Box 3333 Tampa F1 33601-3333 Re: Protest Decision, RFP 03-3505, Transportation Database Roadway Asset Inventory Dear Mr. Spotford: I have reviewed the formal protest of October 16, 2003 filed by your firm on behalf of TRANSMAP Corporation pertaining to the referenced contract award. This decision has been formulated after review of the issues, and supporting arguments found in the protest document and a review of the selection record. SUMMARY OF FINDINGS AND ISSUES The following is a summary of significant issues and assertions presented in the protest followed by a summary of findings pertaining to each: 1. The protest repeatedly refers to the offers received in response to the Request for Proposals as "bids". FINDINGS: The offers received in response to the RFP are considered to be proposals, not bids. That is to say, they are solicited, evaluated and awarded under an entirely different process known as competitive selection and negotiation. The sealed bidding process is a price-based competition in which the order of the bidders is established through an "objective" tabulation of the price offers. By contrast, selection and negotiation is a qualifications-based process achieved through the work of an appointed committee that evaluates each proposal on a number of factors other than price.' Hence judgments, impressions, perceptions and appearances that are formulated and occur during the solicitation and evaluation processes take on greater significance. 2. The proposal from TRANSMAP was voted to be "the best" on at least three occasions during the selection process. AGENDA_ITEM No._, NOV 1 8 2003 Pg.,,, ~ Mr. George Spotford November 6, 2003 Page 2 of 4 FINDINGS: The proposal from TRANSMAP was tentatively selected by the selection committee at the June 27"' meeting, subject to further investigation into Mr. Walter's participation in the presentation. Prior to that meeting, no selection decision had been made by the committee. Under Collier County's consultant selection procedures, all selection decisions are made by consensus, rather than by vote. It is evident from the deliberation record that apart from the conflict of interest question involving Mr. Walter, TRANSMAP was the preferred choice of the selection committee. 3. The recommended firm did not provide evidence of experience compliant with the pubhshed requirements of the RFP (p.8). FINDINGS: The RFP required the proposing firms to have the following experience and/or abilities: Minimum five years of experience in developing Roadway Asset Inventory databases The ability to develop a database that is compatible with other asset management software Minimum five years experience in working with ESRI GIS software Demonstrated ability to provide full scope of services either directly or through identified partners. Demonstrated ability to implement projects. Experience with at least three public entities in Florida. Review of Space Imaging's proposal and the selection committee record indicates that the firm and/or the members of its proposing team identified previous jobs that in the opinion of the selection committee met, and in some cases exceeded the requirements of the RFP. As summarized in the fourth bullet above, the proposing primary firm was not strictly required to have all of the requisite experience/abilities within its firm, but rather could deliver portions of the project through '~dentified partners". In the estimation of all of the committee members, Space Imaging met the published requirements of the RFP. TRANSMAP was disqualified because of an apparent conflict of interest due to the attendance of Mr. William Walter at the June 27, 2003 selection committee meeting. Mr. Walter had no involvement with and no opportunity to influence the drafting of the RFP nor the evaluation process. FINDINGS: Based on discussions with members of the selection committee and other County staff involved in this project, Mr. Walter was determined to have had the following involvement in the selection process: ._ NOV 1 8 2003 Pg- ~ Mr. George Spotford November 6, 2003 Page 3 of 4 On February 7, 2003, Mr. Walter received an e-mail from Ms. Beth Yang, a GIS Analyst in the Transportation Services Division asking him if he had access to any sample "GIS RFPs". Mr. Walter responded that same day, indicating that he did not have any such RFPs, but he did attach copies of documents detailing the scope of work for other layers of the County GIS system pertaining to right-of-way, stormwater and traffic control that he thought would help in formatting the scope requirements for the Roadway Asset Inventory Database scope (copy attached). On February 18, 2003, Ms. Yang forwarded an initial draft of the RFP to Mr. Walter and to the County's Information Technology Director (copy attached). On February 25, Mr. Walter received an e-mail from Ms. Yang with a copy of the proposed RFP document attached and was asked to comment on the content. Mr. Walter was then privy to e-mail replies from other staff members who received and subsequently responded to the same request from Ms. Yang. On February 28, Mr. Walter responded to Ms. Yang, saying that "the RFP looks good from a GIS technical perspective" (copy attached). On March 14, 2003, the County Manager formally appointed the selection committee to evaluate the proposals. Mr. Walter was notified of his appointment to the committee on March 26~h (copy ore-mail attached). On April 25th, Mr. We~lter attended the organizational meeting of the RFP selection committee and was given copies of all of the proposals. On May 8ta, Mr. Walter resigned from the committee citing the fact that the County now has a full time GIS coordinator who could provide the expertise that he brought to the committee. He also indicated that he felt that serving as a voting member might be perceived as a conflict of interest. Mr Walter offered to participate as a non- voting member. At TRANSMAP's June 27th presentation, Mr. Howard Luxoj introduced Mr. Walter, described his credentials and the value that he would provide to the team as the ESRI representative. Mr. Walter actively participated (i.e.; spoke, operated presentation equipment and software) in the June 27th presentation. 5. The conflict of interest provision in the RFP did not prohibit the attendance of a Wilson Miller representative at TRANSMAP'S selection presentation. FINDINGS: There are at least two references and clauses addressing conflict of interest in the RFP (pages 11 and 18 respectively). Neither lists any examples of what specifically constitute a conflict of interest. Both clauses require the proposer to discuss possible known conflicts at the time of proposal submission. Though the RFP does not expressly state this, it is reasonable to assume that these provisions would also ap )l~ to c. on[licts that might ~rise after the receipt of the proposals d'uring the evaluation pc 'iod. A~ENOA ~TE~ NOV 1 8 2O03 Pg. ~ Mr. George Spotford November 6, 2003 Page 4 of 4 CONCLUSIONS Having reviewed and considered the issues raised in the protest and the findings concerning each, this office has made the following determinations: 1. Mr. Walter clearly had and took the opportunity to review the RFP prior to issuance and to possibly influence the process through his role as GIS consultant to the County. 2. Mr. Walter attended the initial meeting of the selection committee and received copies of the proposals. Mr. Walter actively participated in TRANSMAP's presentation to the selection committee. He clearly was there to facilitate TRANSMAP's efforts to win the contract. That role, on its face, conflicts with the aforementioned roles he performed as a member of the selection committee. In one role, he is preparing to impartially evaluate the competitors. In the other, he is ~vorking directly on behalf of one of the competitors. The protest contends that Mr. Walter resigned from the selection committee to avoid any perceived conflict of interest. Clearly, Mr. Walter was applying the standard of a perceived conflict of interest to his role on the committee at that time. Given this stated sensitivity to a potential conflict and the facts of his involvement on the committee, it is not clear why he did not deem his subsequent involvement with the presentation team to also constitute a possible conflict and hence, why no one contacted this office to address this matter prior to the presentation. In light of the findings and conclusions as set forth herein, it is the position of this office that the participation of Mr. Will Walter in TRANSMAP's presentation to a selection committee that he also actively served on at the onset of the solicitation process taints the apparent capacity of the selection committee to objectively evaluate that proposal and thereby constitutes a conflict of interest. Hence, it is the decision of this office to reject the protest filed on behalf of TRANSMAP and proceed with award as recommended. Under Section XVIII.C of the County's purchasing policy, the decision of the Purchasing Director shall be considered final and conclusive unless the protestor delivers a subsequent written objection to my attention within two business days from the date of receipt of this decision or not later than close of business on Monday, November 10, 2003. Sincerely, Purchasing/General Services Director cc: Norman Feder, Transportation Services Administrator Beth Yang, GIS Analyst Robert Zachary, Assistant County Attorney Enclosures AGENDA ITEM ! No., '~0~.~ -- NOV 1 8 2003 0CT. 16.2003 11:28AM GLENN RASMUSSEN NO. 710 P. 2/10 GLENN RASMUSSEN FOGARTY ~ HOOKER, P.A. Via l~acsl ,mile ~39.'/32.0844.), and Certi~ed Mail Return ReceiPt Requested Steve Camcll Purchasing/C~ncral Services Director Collier County Purchasing Dcpartmcm Purchasing Builaing O 3301 East Tamiami Trail Naples, FL 34112 Re: Formal Protest of Collier County, Florida's RFP 03-3505, Transportation Roadway Asset Inventory Database; Prot~ing Party: TRA~$MAP Corporation, 1275 Ki_~pear Road, Columbus, OH Dear Mr. Camelh This firm represents TRANSMAP Corporation ("TRANSlVlAP'9 with regard to the referenced matter (the "Project"). Pursuant to Article xvIrl of the Collier County Purchasing Policy, this letter is TRANSMAP's formal written protest of Collier County's disqualification of TRANSMAP's bid, a.ud the County's stated intent to award the contract for thc Project to any entity other than TKANSMAP. As you arc aware, TRANSMAP's bid has been selected by thc County's Selection Committee on three separate occasions as the best bid for the Project. Wc believe that once thc County management is fully apprised of the facts aud law surrounding this dispute, the County will agree that thc contract can only be awarded to TKANSMAP. Wc believe the County will also asree that an award to TRANS~ will best scrvc the interests of thc County's citizens because (1) TRANSMAP's bid is clearly the best bid (based on the Sclcction Committee's recommendations); and, (12) un award to TtLA~SMAP will enable the Project to proceed' withoui additional delay, expense, or inconvenience that will result otherwise. Briefly stated, the County has indicated that it has disq,,nlified TKA.NSMAP's bid because thc County believes that thcrc is an appearance of impropriety (a conflict of interest) created by the aRcnd~ce of WilsonMill~r, Inc. employee WUliam Walter at a June 27, 2003 oral presentation-conducted after TRANSMAP's bid had bee~ -- thc bcst bid thc first time by thc Selection Commi~. The County's staff h J NOV 182003 OCT, 1.6. 200] 1.1:29AM October I6, 2003 Page 2 GLENN RASMUSSEN NO. 710 P. 3/10 that there is no evidence indicating au actual conflict of interest, but believes that there is merely an appearance of impropriety. We believe tlurt once the County understands what constitutes a true conflict of interest under public contraeti~ ~aw, and fully appreciates what transpired, the County will agree that there is not even an appearance of imprgpriety. In fact, with the exception of the disqualification of TRANSMAP's bid, the steps taken bjr Mr. Walter (resigning from the Selection Committee prior to making any recommendation) and the Counly Purchasing Department (bringing the issue to the forefront) to ensure that there is no actual or I~'rceived conflict, should be held out as an example of how to avoid even the appes~nce of impropriety. The only departure ~om proper procedure is the disqualification of TRANSMAP's bid, and that can easily be remedied after the Counl'y con~iders ail of the facts and law involved. The critical fact that must be understood, is that at no time did Mr. Walter take any steps to influence the County's selection of a parfictflar bid, and as soon as Mr. Walter perceived the potential for a eonfilct, he resigned his position or~ the Selection Committee. That is precisely the type of action that is reqaired to avoid an actual convict or even the appearance of impropriety. See e,g. Flor/da Statutes, Section 112.313 (2003); AGO 73-362; AGO 73-215; AC. fi) 73-198; and Naehtigall v. New Jersey Turnpike Authority, 694 A,2d 1057 (Sup. Ct N.J. 1997) (removal from the decision making process' before a decision ia rendered is required if there is a potential for a confi/ct of interest) Mr. Walter resigned f~om thc Selection Comml.ttee beforb he made any recommendation to the County. Mr. Walter also was nev~ ~ a position to affect .the content of TRANSMAP's proposal because he was not even contacted by TRANSMAP to attend the Sune 27~ meeti~ until after the proposals already had been submitted and after TRANS~'s proposal hid been selected as the winning bid. Mr. Walter resigned because he was concerned that if he made any recommendations regarding the proposals, or any fuiure proposals, it could be construed .as an attempt to send County contract dollars to his employer, Wilsonl~o/ler. The only solution was for Mr. Walter to resign without mak/ng any recommendations that could be construed es an attempt to sway the County for his employer's benefit. By resi~ing, he avoided even the appearance of an improper conflict of interest. Tha is precisely the conduct that is required and should be encouraged by the County to ensure that confidence in the public bid process is The County c~n~ disqualify TRANSMAP's bi~ on the bas/s of a Staffmember's subjeotive belief that Mr. Waiter's involvement "looks bad," partieuIarly when the facts and law establish that there wa~ no conflict and Mr, Water's a~dons were entirely proper. The chronology of material events and the undisputed facts provided below clearly establish that there was no aaual er apparent conflict of interest. No.__ NOV 1 8 2003 ,OCT. 1.6. 2003 11:29AM October 16, 2003 Page 3 GLENN RASMUSSEN NO. 710 4/10 ApHl18,2003 - April 25, 2003 - May 10, 2003 - May2$, 2003- Sune13,2003 - I6, 2003 - CHRONOLOGY OF' MATERIAL' EVENTS TRANSMAP submitted its sealed proposal in response to thc Roadway Asset, Inventory Database (RAID) RFP dated March 2I, 2003. TRANSMAP's team includes Dynatcst and ~P,i Corporation, not WQsonMiller. William Walter attended the organizational meeting of the Scle~tion Committee at thc Coumy's request. Mr. Walter.was unaware of the purpose of the organizational mcc'dn~ until he arrived at the meeting. Upon learning of the purpose of the Selection Committee, Mr. Walter conferred with his employer and immediately resigned without playing any role On the Selection Com/nittee. William Walter resigned from Selection Committee, without making any recommen~otions or comments regarding the proposals. A public meeting w~, held to cliseuss the proposals. At that meeting the Selection Co~__naittee voted 5 to 1 to select the ,,TgA~S~ proposal as the best proposal based on the criteria id6ntificd in the Request for Proposals. It should be noted flzat at the t/me of this meeting there had been no cliseussicras of any kind between TRANSMAP and Mr. Walter md/or WihonMiller. At'this t{me TRANSMAP had no idea that Mr. Walter had ever been a part of thc Selection Committee. MI, Walt~ and WilsonMiller did not participate in the May 2gth selection o£TRANSMAP's bid. The Selection Committee ~r~ ,red'that the ~ma~ing bidders provide oral presentations 6n Stme 27 . The Cotmty suggested that the bidders invite up to ~e additional people to assist with the oral pres~-ntalions and to answer questiom. When TRANS~ contacted ESRI regarding this pmjec,t, ESRI s~Iggested that TRANS~ could bette~ serve its customer, Collier County, by working with a local ESRI representative and recommended WilsonlVJ~er, ESRI suggested WilsontVflller became WilsonMiller has previously sold .ESRI products ~ Collier Gounty and WilsonMiller is located in Naples. TRANSMAP had its first discussmn wath Mr. Wal~er of WilsonMUler. Mr. Walter was ',introduced to ,TRANS~ as WilsonMiller's ESRI "GIS expert" oapable of answering any questions the County may have regarding the ESR/l:a'oduet NOV 1 8 2O03 OCT. 16. 2003 11:29AM October ]6, 2003 P%~ 4 GLENN RASMUSSEN N0.710 P. 5/lO .June 27, 2003 - Sept. 15, 2003 - Mr. Walter atlended the oral.presentation to respond to questions from the County regarding ESRI's products, Mr. Walter spoke for approximately five (5),mirmtes dur/ng the two (2) hour presentation and he only spoke in response to the County's questions. The Selection Committee again recr~mmended TRANSMAP for selection over the competing proposals by a vote of 4-2. The Selection Committee chose TRANSMAP's bid as the best bid for the third tim~. UNDISP~D FACTS VffflsonMiller and Mr. Walter were availabli, ready, willing and able in attend the oral presentatiom by any of the bid&rs upon request Only TRA.NSMAP elected t~Mve the loc~l ESKI representative attend~ TRANSMAP does not have a contract with WilsonM~er and is not go/ng to utilize Wil~onMiller's services on the Project. TRANSMAP has also prohibited ESRI, a TRANSMAP subcontractor, from util~_i~g WflsonMiller on this Project County staff wrote thc Request for Proposals and submitted it to the County Purchasing Director for distribution to bidders prior the Selection Committee being formed. Mr. Walter was not on the RFP drafting committee. On April 25, 2003, Mr. Walter attended an organ/zafional and ~rocedural m¢ctiag 0:~ the SelectioI1 Committee. ML Walter received the tn~oposals which we're distrlbut~ at that meeting, but he offered no opinions or comment~, Afl~ April 25, 2003, Mr. Walter did ,not discuss this procurement with anyone includl-E members of the Selection Committ~. Mr, Walter resigned from thc Select/on Committee on May 10, 2003. He did not review the proposals although they were public records and subject to inspection by any Florida cit/zen at the time. Mr. Walter did not ~end or participate in th~ May 28, 2003 Selection Committee meeting during which 'IILANSMAP's bid was overwhelmingly selected as the lowest best bid by a 5 tn I vote. No._ NOV 3 8 2003 OCT. 16, 2003 11: 29AM October 16, 2003 Page $ GLENN RASMUSSEN NO. 710 6/10 Mr. Waiter had no hrvolvement with, and no oppommiiy to impact or influence, the drafl~g of tl~¢ RFP. He did not participate in any of the evaluation activities of the Selection Comm!tte~.. I0. Because Mr. Walter and TR~SMAP had no commtmications with each other until luno 16, 2003' (aff~z he had resigned), and Mr. Walter took no actions while he tech~{cally was on the Selection Committee, he did not do anything that could be construed as an attempt to favor TKA~SMAP. While Mr. Walter was on the Selection Committee, hc had no knowledge of TI~SMAP, ~ TKANSMAP h~ n~vcr ~ any contractual ties with WflsonMiller. ESRI's referral of TRANSMAP to Wils0nMiller was a standard ESRI business prance and did not occur until .after lVlr. Walter had resigned and the TRANSMAP bid hsd been selected as'the best bid. 11. There is no, and n~ver has been, any agr¢c~ment or understanding between WflsonMiller and/or Mr. W~/iter, and TRANSMAP on this or any other project Ndther WilsonMi.Ildr or Mr. Walter is part of the TRANSMAP proposal, and neither WilsonMillcr or Mr. W~Iter has any ptm-uniary or personal inmest in auy ccntr~t o~zlned by TRANSMAP. 12. Because Neither WilsonMiller or Mr. Walter have any interes.t, pecuniary or otherwise, in TRANSMAP's bid or contract, by de$~n!tion, Mr. Walter cannot have a conflict of interest. 13. The County has admitted in its 1uly 22~ 2003 letter that there is n6 evidence indicatin~ that TRA~SMAP improper!y benefited from Mr, Waiter's limited ~xposu~e to 1fie Project. 14. t5. The Selection Committee chose TKA.NSMAP as the most qualified bidder on three separ~, occasions. The l~id selection criteria lmm. lished in the Request for Propds~Is does no.t prohibit the atiendance of a WilsonMill~r representative at th~ lune 27, 2003 oral ix~s~on. Thc Request for Proposal conflict 6f interest provisions do not pmMbit WUsonMillcr's or Mr. Waiter's involvement in this Project. Accord/ngly, if the. County rejects TRANSMAP's bid on the basis of an unpublished criter/a, such a rejection will, by de!~__nltion, constitute arbitrary and capr/cious conduct. ,Se~ Ci~ of Sweetwater v. $o['o_Cohsmmti°n. 823 $o,2d 798 ~ 3 DCA 2002). AGr:NEIA ITEM No.. ,. I~ NOV 1 8 2003 ,o. OCT, 16. 2003 11:29AM Octo'ber 16, 2003 Page 6 GLENN RASMUSSEN NO. 710' P. 7/10 STA .TEMENT OF DISPUTED, ISSUES OF MATERIAL FACT The primary di~t~ed issue of material fact is whether there is sufficient, or any, grotmds to. disqualify TRANSMAP's bid because of an alleged perceived conflict of tnl~est The~ 2xe no such grounds. LEGAL STANDARD There are no reported cases by Florida Courts discussing what constitutes a conflict of interest in thc public Md arena, However, there ar~ numerous cases from other jurisdictions that are imlmctive on this issue. For example, a thorough discussion of the public secant conflict of intcre~ issue is set forth in Wyz~owski v. Rizas, 626 A.2d at 406 (Sup.Ct. N.J. 1993). In Wyzykowski_. the New ~rersey Supreme Court states that conflicts which require disquali/ication ~ll into the followSn~ four categories: (1) "Direct' Pecuniary Interest," when an official votes on a matter benefiting the official's own property or affording a direct ~;~ncial gain; (2) "Indirect Pecuniary Interest," when an official votes on a matter that financially benefits one closely tied to the offeial, such as an employer or f~.m_ily member; (3) "Direct Personal Interest," when an official votes, on a matter that benefits a blood relative or close friend in a non-financial way, but a matter of great importance, ~s 'm the case cfa councilman's moth~ being in the nursing home subject to a zo-h~g issue; and, (4) "Indirect Personal Interest," .when an official votes, on a matter in which au individual's judgmem may be affected because ofmember~bip in some organization and a deske to help ,h~t organization further its policies. 626 A2d at 523 (emphasis added), The common element in each category identified by the New Jersey Supreme Court is the ability of the public official to influence the outcome of the government's decision, e,g. by an official vote. In the instant case, Wilson_Miller and Mr. Walter nsver influenced the outcome of the County's select/on process, or had the opportunity to do so, because Mr. Walter resigned from the Selection Committee prior to making any recommendations regarding which proposal was superior. As stated in LaRue v. Township of East Bronswick: 6~ N.J. Super. 435, 448, 172 A.2d 69.1 (App.'Div. 1961), "there cannot be a conffict of interest where there do not exist realistically contradictory desires tugging the official in opposite directions." Accordingly, even if Mr. Walter could be viewed, as a public official, by resigning prior tO makil~ ally recornm~-n_rl~__iiOll, hc avoided pla~ing himsel~ itl a position where he was 'q~tgged in opposite directicrns" by his desire to benefit thc County and his d~sire to benefit his employer WilsonMiller. In view ,of thc County's admizs/bn that there is no evidence of INOV 1'8 2003 OCT. 16. 2003 11: 20AM October 16, 2003 ~Page 7 GLENN RASMUSSEN NO. 710 P. 8/10 SclccQon Committee prior to mald;ng any rccommenclati0n, the County simply cannot disqualify TRA~SMAP's hid. At best, the County has a mere suspicion of a conflict, and case law holds that a mere suspicion of a conflict is not suflScient to void an otherwise legitimate bid. See Poyldyne~ Inc..v. City of Philadel__l~xia, 2001 W.L. 1807900' (Pa.C. omra. Pl.). Moreover, because there is no evidence or reason to believe that any voting official had a p=cuniary in~rest in the bid, there is no corttlict of intcrgst whether actual or perceived. _See Van Itallic v. Borough of Frank!i~ H~. roes, 146 A.2d 111 (Sup. Ct. N,J. 1958); W'yzykp.wski v. Rizas, 626 A.2d 406 (Sup. Ct. N.I. 1993). Thc County also should not lose sight of.the broader impact a disqualification will have on the County's ability to ~ qualifi~ employees, consultants, or volunteers to assist thc County. Mr. Walter was asked to participate on the Selection Committee.' As soon as he percciv~ the potential for a conflict that might arise in the fr.~tute, hc resigned. Mr. Walter, WilsonMillcr, and TRANSMAP now must all defend themselves against the County's allegations that there was an improper conflict of interest. Courts have cautioned public ow'~e, rs about making precipitous allcgat/ons such as this and tlm impact they have on thc public owner as well as those alleged to have acted improperly. The New Sersey Supreme Court in ,Van Itallic v. Borqugh of Franklin Lakes, 146 A.2d 11 l (Sup. Ct. N.$. 1958) acknowledged that local governments would be seriously h~nd~cappcd if every possible interest, no matter how remote and speculative, would serve as a disqualification of' an official. The Court observed that "If this were so, it would discourage capable men and women from holai,~g public office. Of course, courts should scruti~i~.c thc circurn.~muccs with great care and should condemn anything which indicates the likelihood of' corruption or favoritism. But ~ dc~ing ~o, they must also be mindful that to abrogate a municipal action at thc suggestion that som~ remote and nebulous interest is present, would be to unjustifiably clcprive ~ municipality in many important instances oft. he services of its duly elected or appointed officials." 146 A.2d at 269. The Flofi, da public Consultant Competitive Negotiation Act, Section 287.055, ' F.S., and the R~que~ .for Proposal provide that thc contract for the Project will bc awarded to the r=rponsi'ble bidder who has submitted thc bgst responsiv~ bid following ncgotistions with the County. In mak2ng ~he determ;n~tion which Md' satisfies this criteria, the County is allotted a certain degree of diseretion. Wood-Hopkins Contrac~ng Co, v. Roger J. Au & Son, Inc,, 353 8o.2d 446 (Fla. DCA 19,78). Thc exercise of this discretion, however, cannot be in an arbitrary or capricious manner.. City_ of Pensacola v. ~ 47 So.2d 533 (Fla. 1950), The County cannot ignore TRA~SMAP's bid under the facts of this case, because to do so would be arbitrary and capricious. See Department of Transportation v. Grovcs-Wstl~, Gonstructors, 5~0 So.2d 912 (Fla, 1988). City of Swee~Cater v, Solo Construction_'. Agrico-Chemical Company v. State, 365 So.2d 759 (Fla. Ia DCA 1978) ("A capricious action is one which is taken without thought or re~son or irra~donally. An arbitrary decision is one not supported by facts or logic or despotic." At 763.) AGEI)II~A I.TEM ' No._ I ~ Nov 200.3, OCT. 16. 2003 11:30AM October 16, 2003 Page, 8 GLENN RASMUSSEN N0.710 P. 9/10 Tim prohibition against arbitrary or capricious contract award determinations by a contracting authority is intruded to prevent coUusion ,and favoritism in the award of public contracts and to ensure fair competition. Wood-Hopkinsl Robert G. Lassiter & Company v. Taylor, ,28 So.2d 14 ~la. 1930). The sys~m of competitive public'bidding confers upon both the contractor and thc public authority recipro6al benefits and obligations. The bidder is assured of fair consiitcration of its offer and is guaranteed the contract ff it submits thc lowest best bid in accordance with the ~oticc for bids. Thc public authority is thereby provided the opportunity cf purchasing goods and services required at thc best price obtainable. Under .a coml:~-titive bidding system, a public authority may not arbitrarily or capriciously discriminate between biddcrs. Hotel China' & Glassware Company v. Bomt of Public Construction, 137 $o.2d 78 (Fla. 1~ DCA 1961); Liberty Cquuty v, Baxtcr's Asphalt& Concrete, Inc., 421 So.2d 505 (Fla. 1982). A decision by a contracting authority to igaor¢ the best bid is arbitrary and capricious if the decision is based on criteria not revealed to the bidders prior to thc bid letting. Westcr v. Belbte, 138 .qo.2d 728 (Fla. 1931). In Belote, the Court expressly warned that prior to a bid letting thc contracting authority must make known to the bidders all criteria that will bo considered in deciding which bidder will receive an award, otherwise them is no way to compare thc bids, or to avoid favoritism. The admonition provided by the Belote court is particularly relevant in the instant situat/on, because the RFP states that each bidder "shal___! have a mi-im,,m of five ($) years acceptable professional experience with projects of similar siz~ ~.a SCOl~...and sh~l___Ji_ furnish the names of three (3) public entities within the State of Florida with whom the consultant has acceptably contracted for work...' {emphasis added). Thc REP's use of thc te~m "shall" m~kes thc provis/on a mandatory term. See Florida Tallow Corporation v. Bryan, 237 So.2d 308 (Fla. 4a DCA 1970). TRANSMAP was the only bicldcr to satisfy this mandatory requirement, Thc ottmr blddcrs' failure tn satisfy th/s mandatory term rvnders their bids non-responsive and thc County cannot award a contract to n. on-respons/ve bidders..See City of Opa-Lpcka vs. Trustees of thc Plumb~n.~_Ind. Promotion Fund~ 193 So.2d 29 (Yla~ 3 DCA 1996')(Improper favoritism if a city waives a mandatory bid provision for some, but not all bidders;) Sec also City of Miami Beach v. I~.!i-~f. 179' So.2d 864 (Fla. 3 DCA 1965)(Contract entered into in violation of cmpetitive bid law void). Because none of the other bidders submitted responsive bids, the County award thc contract to anyone other than TRANSMAP. See Preston C. arroU Co. v. Fla, Keys Aaueduct Authorij~, 400 So.2d 524 (Fla. 3~ DCA 19~1); E.M. W~tld,.~ & ,Co. v. Board of Regents, 414 So.2d 583 (Fla. ~" DCA 1982); .Igtercontinental Properties, Inc., v. .Sta .tp of Florida lrLKS.., 606 So.2d 380 (Fl,i, 3~ DCA 1992). CONCLUSION Florida Stm'ute~, Section 112.313 .(2003), "Standards of Conduzt for Public Officers, Employees of Agencies, ami Local Government Attorneys," .as vmH as e~__se law make it .clear'that in the event of a potential conJlict of interest in th~ public No.___ IOC-- IdOV 1 8 2003 OCT. 16. 2003 11:30AM Octob:r 16, 2003 ?ag~9 GLENN RASMUSSEN NO. 710 P. 10/10 solution is for the publio official to somehow ~ from voting on any matter that impacts the offi~al's pe, c~ or perso-~l intexest. Mx: Walter abstained by r~igning his position on the Selection Committee, thereby eliminating the'potential for fu.t~rc conflicts ofintexest. Whether Mr. Walter merely a~ta~,ed from voting or resigned prior to voting, the end msult is the san~e. Mr. Waiter avoided the conflict of interest by removing himself from thc ~el¢cti°n process prior tn making any reco.m~endations to the County. The~e is no evidence of an actual or perceived conflict of h~tcrest. The only evidence that exists establishes that Mr. Walter properly r~-mo~d ~self fi-om the decision making process b~ore any decision was made that TRANSMAP's-bid was the best. There is no evidence that any bidder improperly benefited or was prejudiced by Mr. Walter answering the County's questions for five minutes on June 27, 2003, after TRANSMAP's bid had been id. entitled as the beat bid. Disqualification of TRANSMAP's bid in the absence of cvidentiaxy support is by definition an arbitrary and capricious decision. The best interests of the ~ounty will not be 'served fi-the contract is not awarded to TRA.NSMAP, If not award~.d to TRANSMAP, the County will receive an infer/or product (based on the. Selection Committee's rankings); .the County will find it diJ~icuk or imposs~l~ to obtain qn~Hfied employees, consultants, or volunteers to assist in the procurement process; thc County's compe~dtive procm:ement process will be tarnished, leading to higher contra~t, prices because fewer bidders will be willing to invest th~ effort to seek Collier County contra~ts if there is a risk that their bids will be imlxcperly rejected; and, completion of the Project will be delayed until TRANSMAP exhausts its protest and appeal rights. If thc relief rexlUested is not granted, TRANSMAP requests that the County Manager appoint an independent hearing officer 16urs-~t to Article XVHI(G) of the Purchasing Policy, TKANS~ respectfully requests that the Couhty award the contract to TRAN@MAP. Very truly youxs, GE$/ndp GLEI~'~I RASMUSSEN FOGARTY .Tim Mucld, County Man~g~ (via fax) ' AGEND,~TEM .'" ~]MAP Corpozation (via fax) No.. | C.~ . NOV 1 8 2003 /,c carnell s From: yang_b Sent: Wednesday, November 05, 2003 8:35 AM To: carnell_s Subject: FW: RFP sample ..... Original Message ..... From: Will Walter [mailto:WillWalter@wilsonmiller.com] Sent: Friday, February 07, 2003 2:20 PM To: 'yang_b' Subject: RE: RFP sample Sorry, I do not. But hopefully the scope request attached should be helpful in providing standard language concerning format and compatibility with County GIS. ..... Original Message ..... From: yang_b [mailto:BethYang@colliergov.net] Sent: Friday, February 07, 2003 2:12 PPI To: Walter_W Subject: RFP smaple Wit[: Do. you have any sample GIS RFPs? Thanks Beth Yang, GIS Analyst Transpodation Services Division 2685 South Horseshoe Drive, Suite #211 Naples, Florida 34104 Tel: (941)-659-5779 11/5/2003 NOV 1 B 2O03 lviessage rage carnell s From: AxelrodBarry Sent: Wednesday, November 05, 2003 2:55 PM To: carnell_s Subject: FW: draft RFP and ITQ I will send them to you as I find them... <<<Barry>>> ..... Original Message ..... From: yang_b Sent: Tuesday, February 18, 2003 11:07 Arq To: Walter_W; AxelrodBarry Subject: draft RFP and ~Q Here is the draft RFP and ITQ. I am stilt working on it... Beth Yang, GIS Analyst Transportation Services Division 2685 South Horseshoe Drive, Suite #211 Naples, Florida 34104 Tel: (941)-659-5779 11/5/2003 AGEND. A_ITEM No.~ . ~_~ NOV ! 8 2003 Pg' //7 Sweets Page 1 of 2 carnell s From: yang_b Sent: Wednesday, November 05, 2003 8:26 AM To: carnell s Subject: FW: RFP ..... Original Message ..... From: Will Walter [mailto:WiltWalter@wilsonmiller.com] Sent: Friday, February 28, 2003 11:22 AM To: 'yang_b' Subject: RE: RFP The rfp looks good from a GIS technical perspective. ..... Original Message ..... From: yang_b [mailto:BethYang@colliergov.net] Sent: Friday, February 28, 2003 8:28 AM To: higdon_r; Walter_W; Moser.lennifer; AxelrodBarry; CatesRoss; AxelrodBarry Subject: RE: RFP You are dght, the conversion of the data would be included in the budget of the new system, either Hansen, City view, etc. For attachment C, I am attaching those files below. These forms are collection sheets used by traffic operations. If you have any other questions, please let me know. Thanks Beth Yang, GIS Analyst Transportation Services Division 2685 South Horseshoe Drive, Suite #211 Naples, Florida 34104 Tel: (941)-659-5779 ..... Original Message ..... From: higdon_r Sent: Friday, February 28, 2003 8:23 AM To: yang_b; Walter_W; MoserJennifer; AxelrodBarry; CatesRoss; AxelrodBarry Subject: RE: RFP My only concern would be in regards to the gathering of the tabular data and how that will be stored in a manner that can be migrated/converted to a new system. I assume that would be something that would be included in the budget of the new system. Also, for attachment C, is there something that is supposed to be defined there? 11/5/2003 ..... Original Message ..... Sent: Tuesday, February 25, 2003 1:53 PM - - To: Walter_W; Moser_lennifer; AxelrodBarry; higdon_r; CatesRossl Axel~'~ Subject: RFP / NOV 1 8 2003 ,'g. / ? Sweets Page 2 of 2 please comment by Friday. Thanks Beth Yang, GIS Analyst Transportation Services Division 2685 South Horseshoe Drive, Suite #211 Naples, Florida 34104 Tel: (941)-659-5779 11/5/2003 AGENDA ITEM No.~.~ . NOV 1 8 2003 Message Page 1 of l carnell s From: AxelrodBarry Sent: Wednesday, November 05, 2003 3:03 PM To: carnell s Subject: FW: copy of appointed selection committee members #4 ..... Original Message ..... From: higdon_r Sent: Thursday, March 27, 2003 7:14 AM To: AxelrodBarry Subject: FVV: copy of appointed selection committee members FYI ..... Original Message ..... From: yang_b Sent: Wednesday, March 26, 2003 10:19 AM To: Walter_W; EtelamakiMike; Regandaniel; Miller_John; yang_b; higdon_r Subject: copy of appointed selection committee members Attached is a scanned copy of the Roadway Asset Inventory database RFP selection committee members appointed ~ empowered by the Division Administrator and county manger. Beth 11/6/2003 AGEND/~ ITEM No._ I NOV 18 2003 carnell s From: ~.nt: O: Subject: yang_b Wednesday, November 05, 2003 8:28 AM carnell s FW: R~'ference Check questions and heading for email. ..... Original Message ..... From: Will Walter [mailto:WillWalter@wilsonmiller.com] Sent: Friday, April 25, 2003 2:15 PM To: 'yang b' Subject: ~E: Reference Check questions and heading for email. Thank you. ..... Original Message ..... From: yang_b [mailto:BethYang@colliergov.net] Sent: Friday, April 25, 2003 2:04 PM To: Walter W Subject: F~: Reference Check questions and heading for email. > ..... Original Message ..... > From: ward kelsey > Sent: Friday, April 25, 2003 10:44 AM > To: higdon r; yang_b; Miller John Subject: ~eference Check questions and heading for email. > Please see attached forms. Call with any questions. Beth, please forward > to Will, since we do not have his email address. > Thanks! > > <<Reference check cover language for faxes and emails.doc>> <<Reference > check standard questions.doc>> Confidentiality Notice: This e-mail is for the sole use of the recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. NOV 18 2003 carnell s From: Sent: To: Subject: yang_b Wednesday, November 05, 2003 8:28 AM carnell s FW: Transportation Asset Inventory RFP ..... Original Message ..... From: Will Walter [mailto:WillWalter@wilsonmiller.com] Sent: Thursday, May 08, 2003 4:44 PM To: 'kelseyward@colliergov.net, Cc: 'bethyang@colliergov.net, Subject: Transportation Asset Inventory RFP I need to resign from the selection committee, and nominate Bert Miller to take my place. I was added to the committee as the GIS Coordinator for Collier County. Now that the County has a GIS Manager, he can provide the expertise I brought to the committee. I also feel there may be some perceived conflicts as I am performing the selection work as a consultant. I thank you for the opportunity to serve, and feel confident the committee will make the right selection. I am available to participate in a non-voting capacity if you would like to include me. Thank you, Will Walter GIS Manager WilsonMiller, Inc Phone (239) 649-4040 willwalter@wilsonmiller.com http:\\www.floridagis.com Confidentiality Notice: This e-mail is for the sole use of the recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. AGENDA. , NOV 1 8 20O3 EXECUTIVE SUMMARY PRESENTATION OF COLLIER COUNTY'S 2003- 2004 LEGISLATIVE PRIORITIES PROGRAM OBJECTIVE: To have the Board of County Com~nissioners approve the 2003-2004 Legislative Priorities program. CONSIDERATIONS: The Collier County Board of County Commissioners has committed themselves to playing an active part in the legislative process to the betterment of Collier County. In anticipation of the upcoming 2004 Legislative Session, staff has identified a number of legislative priorities of concern that may affect Collier County, and is seeking the support of the Commission to voice these concerns in Tallahassee. While this priorities program may be amended and reprioritized throughout the 2004 Legislative Session, it serves as an important foundation to present our initial concerns and observations to the Local Legislative Delegation on November 25. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the proposed Legislative Priorities Pprogram for presentation to the local delegation on November 25, 2003. v ~' BethWalsh Assistant to the County Manager APPROVED BY:~_ ~ ~ate: James V. Mudd County Manager NOV ! 8 20113 Collier County 2004 Legislative Priorities Issue #1 Public Records Statute Le.qislative Chanqe: Modify the public records statute (F.S.119.07) to reflect the following language: "All personal contact records solicited by a state or local government agency, and supplied to that state or local government agency by private citizens which contain the name, telephone numbers or email address with the expectation of confidentiality are confidential and exempt from the provisions of subsection (1) and s.24(a) Art. I of the State Constitution." Discussion: As government services expand to include automated phone calls and email subscriptions, it becomes increasingly important for state and local governments to obtain and manage the personal contact information of private citizens. Some of the subject services are extension and personalization of existing services, for example, notification of water main breaks, boil water alerts, electronic newsletters, evacuation notices, special emergency services, etc. It is likely that electronic notification means will be utilized under some terrorist and disaster scenarios and public safety will depend on state or local government's ability to notify citizens of imminent dangers. With the problems arising from spam and identity theft, government's lack of ability to provide an expectation of privacy will be a deterrent to citizen participation, with a detrimental impact on public safety. State and local government agencies need to solicit personal contact information - telephone numbers and email addresses - and to provide the assurance of confidentiality. Requested Action: SUPPORT amending FS. 119.07 to allow the confidentiality of personal contact information of private citizens. Issue #2 Funding for Red Tide Research and Prediction Le.qislative Chanqe Request: None Discussion: Beautiful beaches and a healthy tourism trade in Southwest Florida are critical to sustaining our economy. Collier County Board of County Commissioners may wish to request that the State of Florida increase the current level of funding for red tide research. Requested Action: SUPPORT legislation funding red tide research and prediction. Issue #3 Collier County Occupational License Tax Review Process Leqislative Chanqe Request: Amend Florida Statute 205.0535 to incorporate language that would allow the review and possible revision of the Collier County Occupational License Tax. s. 205.0535, F.S. The substance of such an amendment would read as follows: For those municipalities or counties that did not revise their rates prior to the deadline set out in subsection (1) and for whom s. 205.0315 does not apply, said municipalities and counties may revise their rates pursuant to this section if done within two years of the passage of this amendment. Discussion: The County's Occupational License Tax was adopted in 1981 (Collier County Ordinance 81-42). The rates established in 1981 closely mirror the maximum authorized by Florida Statutes in at that time (Chapter 80-274). The Legislature then amended the pertinent statute reducing the maximum rates on certain categories (Chapter 82-72). "The rate at which a county may increase the taxes levied on occupational licenses is limited to the amount based on the rate adopted in 1982 [by the Florida Legislature] unless the county implements s. 205.0535." (AGO 96-83) Collier County did not avail itself to s. 205.0535, which had a deadline of October 1, 1995. (Additional documentation included.) Requested Action: SUPPORT legislation re-visiting F.S. 205.0535 allowing Collier County as well as other counties, to review their occupational License Tax rate structure. Collier County 2004 Legislative Priorities - cont'd. Issue #4 Regulation of Telecommunications Companies Le.qislative Chan.qe Request: Repeal s. 364.0361, F.S. that eliminates broadband oversight from local government authority and potential loss of all oversight of cable television. Discussion: Earlier this year the Florida State Legislature passed a bill SB 654, that among other things, wrested any regulation of "broadband" from local authorities. At that time Collier County opposed that legislation. There is concern that telecommunications activity that is not currently internet based will rapidly migrate to internet utilization, putting at risk Communication Service Tax Revenues. Currently Collier County receives nearly 3 million dollars in general fund revenues annually from the Communication Services Tax and with future growth has the potential to earn much more. Additional documentation included. Requested Action: SUPPORT legislation that repeals or amends section 364.0361 of the Florida Statutes. Issue #5 Request to Repeal 1937 Florida Law Ch. 18458, a Special Act Concerning Livestock at Large Le.qislative Chan.qe Request: Repeal Special Act, Florida Law Ch. 18458 in its entirety. Discussion: Under the 1885 Florida Constitution, counties and cities derived all of their powers from the State and had no independent power to govern, absent specific authorizing legislation. To provide this necessary authority, the legislature adopted Special Acts that would grant specific authority to a local government. In 1937 Collier County voters approved a Special Act concerning roaming livestock. The Special Act has never been amended and conflicts with legislature adopted in 1949 known as the "Warren Act," which also addresses confinement and restraint of livestock. In addition, in 1968 Collier County passed an ordinance that further conflicts with the both the Warren Act and the 1937 Special Act. Legal opinion indicates that Collier County is still bound by this Special Act, for clarification purposes, Collier County would like to request that the act be repealed so that the County may abide by the "Warren Act" statute. (Additional documentation included.) Requested Action: Support the repeal of the Special Act concerning livestock at large. Issue #6 An Act Relating to Animal Control Le.qislative Chanqe Request: Amend s. 828.055, F.S. to reflect the ability of animal shelters to possess Schedule II and III drugs. Discussion: Legislative relief is still needed to make essential controlled drugs available to animal shelters. These agencies are already permitted by the Drug Enforcement Administration to possess Schedule II and III controlled substances, but are prohibited from possessing some essential drugs by current statute. The act would allow the Board of Veterinary Medicine to establish, by rule, the legend drugs deemed essential for euthanasia and chemical immobilization and for which agencies can be permitted by the Board of Pharmacy. This legislation is supported by the Boards of Pharmacy and Veterinary Medicine, FACA, FVMA, and HSUSERO. (Language included) Requested Action: SUPPORT legislation allowing animal shelters to possess Schedule II and Schedule III controlled substances for the purpose of immobilization and euthanasia, as well as standardized training for animal control officers. .o. /0 - NOV Z )3 Collier County 2004 Legislative Priorities - cont'd. Issue #7 Trauma Center Funding Le.qislative Chanqe Request: None Discussion: Concern regarding Trauma Center funding costs being borne by the counties. There may be an attempt to shift costs either through a revision of the Health Care Responsibility Act funding or through other legislative action to solve the Trauma issue through local level tax increases--FAC will be following this one closely and report out activities associated with this. Requested Action: OPPOSE any legislative attempt to shift costs of Trauma Care to local governments. Issue #8 County Medicaid Rates Le.qislative Chanqe Request: None Discussion: An increase in the amounts counties are expected to pay towards Medicaid recipients in-county. These specifically are the opportunity for state legislators to increase the days that counties are responsible for inpatient care from 11-45 days per month to additional days, i.e., 9 or 10 through 45. Secondly, while OPPAGA weighed in last year on the need for counties to pay more for Medicaid Nursing Home care for recipients, legislatively the current expectation of $55 per person, per month was not changed--there might be an attempt to pass legislation to raise it this year. Requested Action: OPPOSE any legislation increasing the amounts counties are expected to pay towards Medicaid recipients in-county and maintain the current rate counties pay for Medicaid Nursing Home patients. Issue #9 Department of Juvenile Justice Financial Cost Shifts Leqislative Chanqe Request: None Discussion: Shifting the financial responsibility of the Department of Juvenile Justice to local government. Requested Action: OPPOSE any proposed legislation that would shift the financial responsibility of the Department of Juvenile Justice to local government. Issue #10 Baker Act Reforms Le.qislative Chanqe Request: None The Sheriff's Association has for the last few years sought legislative action on the "Baker Act" statutes. These statutes determine the involuntary commitment of individuals with psychiatric disabilities. The changes sought are being fought by State advocacy groups on the grounds they violate an individual's civil rights by requiring involuntary out-patient psychiatric care. The Sheriff's Association is pro this legislation because it would divert the inappropriate jailing of individuals with psychiatric disabilities and get them into outpatient treatment quicker where they would be forced to do so because of the court order. The Florida Association of Counties has remained neutral on this legislation, but there is concern that if such legislation is passed local governments would bear the costs of the additional treatment options. Requested Action: OPPOSE any additional increases in county responsibility for mental health treatment should these "Baker Act' reforms pass. Collier County 2004 Legislative Priorities - cont'd. Issue #1 ~ Shopping Cart Nuisance Leqislative Chanqe Request: Amend s. 506.5131. of F.S. that prohibits local government from assessing fines, fees and costs for the abandonment and or storage of shopping carts. Discussion: The abandonment of shopping carts in Collier County is an issue that poses a serious safety concern for motorists and pedestrians. In addition to the hazards associated with abandon carts, they are unsightly and a blight on many neighborhoods. Currently state statutes prevent counties from assessing a fine on the retail establishment of which the cart belongs. Requested Action: SUPPORT legislation allowing counties to fine retail establishments that do not collect shopping carts that have been removed from their property. Collier County Board of County Commissioners would like to publicly support the following efforts and initiatives: SUPPORT legislation regarding Indexing of the Local Option Gas Tax. (Southwest Florida Legislative Consortium) SUPPORT legislation regarding the platting/re-platting of lands (Southwest Florida Legislative Consortium) SUPPORT of the Collier County Sheriff's legislative initiative to incrementally increase fines for red light runners. NOV 1 2O03 Florida Attorney General Advisory Legal Opinion Number: AGO 2003-51 Date: November 3, 2003 Subject: Revision of county's occupational license ordinance Page 1 of 4 Mr. Michael S. Mullin Nassau County Attorney Post Office Box 1010 Fernandina Beach, Florida 32035-1010 Attention: Ms. Sue Gottesmann-Jarzyna Assistant County Attorney RE: COUNTIES-OCCUPATIONAL LICENSE-ORDINANCES-county's authority to revise its occupational license ordinance, ss. 205.0315, 205.033, and 205.0535, Fla. Stat. Dear Mr. Mullin: On behalf of the Nassau County Board of County Commissioners, you ask substantially the following question: If a county adopted an occupational license ordinance in 1972 and that ordinance is not in accord with the conditions set forth in section 205.0535(2) and (3), Florida Statutes, may the county now proceed to revise its rate structure pursuant to section 205.0315, Florida Statutes? Section l(a), Article VII, Florida Constitution, provides in part that "[n]o tax shall be levied except in pursuance of law. . . Ail other forms of taxation shall be preempted to the state except as provided by general law." In addition, section 9 of Article VII states that counties shall be authorized by general law to levy other taxes for county purposes, with certain exceptions. Thus, a county must be able to point to constitutional or statutory authority to exercise the taxing power. The "Local Occupational License Tax Act,"[1] Chapter 205, Florida Statutes, authorizes the governing body of a county to levy "an occupational license tax for the privilege of engaging in or managing any business, profession, or occupation within its jurisdiction."[2] Certain conditions are imposed on the authority of a county to levy. an occupational tax, such as a requirement that the tax reasonable classifications and be uniform throughout any NO /1 h~p://myflofidalegal.com/ago.nsf/pfintview/60B665D0316CC 16B85256DD40065] C 11~O... 11/~2003 Page 2 of 4 According to information you have provided to this office, Nassau County adopted a local occupational license tax ordinance in 1972. [4] In your letter, you refer to section 205.0535, Florida Statutes, which was adopted in 1993. [5] That statute provides that "[b]y October 1, 1995, any municipality or county may, by ordinance, reclassify businesses, professions, and occupations and may establish new rate structures, if the conditions specified in subsection (2) and (3) are met." Subsection (2) requires the establishment of an equity study commission to recommend a classification system and rate structure for local occupational license taxes prior to adoption of the ordinance. Subsection (3) sets parameters for the new license tax in terms of the amount that may be imposed and the maximum amount of revenue that may be generated. Pursuant to subsection (4), After the conditions specified in subsections (2) and (3) are met, municipalities and counties may, every other year thereafter, increase by ordinance the rates of local occupational license taxes by up to 5 percent. The increase, however, may not be enacted by less than a majority plus one vote of the governing body. The intention of the Legislature in adopting section 205.0535, Florida Statutes, was to provide local governments with an opportunity to revise their occupational license tax ordinances and the continued opportunity to undertake a limited revision every other year thereafter. [6] However, it appears that Nassau County elected not to proceed under this statute to revise its occupational license tax ordinance, as you state that neither of the conditions specified in subsection (2) and (3) has been met by the county. The county is interested in revising its occupational license tax structure pursuant to section 205.0315, Florida Statutes. You essentially ask whether the existence of the 1972 ordinance and the failure of the county to act prior to October 1, 1995, precludes the county from adopting a new occupational license tax ordinance under this statute. Pursuant to section 205.0315, "Beginning October 1, 1995, a county or municipality that has not adopted an occupational license tax ordinance or resolution may adopt an occupational license tax ordinance. The occupational license tax rate structure and classifications in the adopted ordinance must be reasonable and based upon the rate structure and classifications prescribed in ordinances adopted by adjacent local governments that have implemented s. 205.0535. If no adjacent local government has implemented s. 205.0535, or if the governing body of the county or municipality finds that the rate structures or classifications of adjacent local governments ~re unreasonable, the rate structure or classifications prescribed in its ordinance may be based upon those prescribed in ordinances adopted by local governments, ~---------- .~~na~'~~-~ ~ implemented s. 205.0535 in counties or municipalities ~h~J~Y-~--~----l~ 'I NOV / h~p://myflofidalegal.corn/ago.nsffpfintview/60B665D0316CC 16B85256DD400~SE~3 Page 3 of 4 comparable population." (e.s.) The Legislature has authorized in section 205.0315, Florida Statutes, those counties that have not adopted an occupational license tax ordinance by October 1, 1995, to do so with a rate structure aligned with neigkboring local governments. It appears, however, that Nassau County did adopt an occupational license tax in 1972. Thus, the county does not fall within the scope of section 205.0315. Pursuant to section 205.033 (1) (b), Florida Statutes: "Unless the county implements s. 205.0535 or adopts a new occupational license tax ordinance under s. 205.0315, an occupational license tax levied under this subsection may not exceed the rate provided by this chapter in effect for the year beginning October 1, 1971; however, beginning October 1, 1980, the county governing body may increase occupational license taxes authorized by this chapter. The amount of the increase above the license tax rate levied on October 1, 1971, for license taxes levied at a flat rate may be up to 100 percent for occupational license taxes that are $100 or less; 50 percent for occupational license taxes that are between $101 and $300; and 25 percent for occupational license taxes that are more than $300. Beginning October 1, 1982, the increase may not exceed 25 percent for license taxes levied at graduated or per unit rates. . Thus, the rate at which a county may increase the taxes levied on occupational licensees is limited to an amount based on the rate adopted in 1982 unless the county implements section 205.0535, Florida Statutes. The statutory scheme in Chapter 205, Florida Statutes, is comprehensive: section 205.0315, Florida Statutes, makes provision for counties to adopt an occupational license tax if they had none previously; section 205.0535, Florida Statutes, authorizes counties to revise an existing occupational license tax ordinance; and section 205.033(1) (b), Florida Statutes, provides that counties may continue to enforce an occupational license tax ordinance adopted prior to October 1, 1995, in those cases where the county did not act to revise its ordinance. Nassau County appears to fall within this last group, that is, it has had an occupational license tax since 1972 and did not act prior to October 1, 1995, to revise that ordinance under section 205.0535, Florida Statutes. Such a conclusion is consistent with earlier opinions of this office. [7] Accordingly, it is my opinion that Nassau County, which adopted its "occupational license ordinance in 1972, is not authorized to enact new occupational license tax ordinance or revise its ~ pursuant to section 205.0315, Florida Statutes. I NOV http://myflofidalegal.comJago.nsffpfintview/60B665D0316C016B85256DD400~SE~I:~ v, ...... ~ .......... ' ' Page 4 of 4 Sincerely, Charlie Crist Attorney General cc/tjw [1] See, s. 205.013, Fla. Stat. [2] Section 205.032, Fla. Stat. See, s. 205.022(1), Fla. Stat., defining "Local occupational license" as "the method by which a local governing authority grants the privilege of engaging in or managing any business, profession, or occupation within its jurisdiction." It does not, however, refer to any fees or licenses paid to any board, commission or officer for permits, registration, examination, or inspection. Id. [3] Section 205.033, Fla. Stat. [4] See, Nassau County Ordinance No. 72-17. [5] See, s. 8, Ch. 93-180, Laws of Florida, as amended by s. 60, Ch. 98-419, Laws of Florida. [6] See, Op. Att'y Gen. Fla. 96-83 (1996), discussing the legislative intent and citing Senate Staff Analysis and Economic Impact Statement on SB 364, dated March 4, 1993, Florida Senate. Cf., Op. Att'y Gert Fla. 95-46 (1995) discussing the amendment of municipal occupational license tax ordinances. [7] See, e.g., Op. Att'y Gen. Fla. 96-83 (1996), in which this office concluded Putnam County, which had adopted an occupational license tax ordinance in 1972 and had not revised its ordinance by October 1, 1995, pursuant to s. 205.0535, Fla. Stat., was not authorized to enact a new occupational license tax ordinance pursuant to s. 205.0315, Fla. Stat., but was limited to increasing the taxes levied on occupational licensees to an amount based on the rate adopted in 1982 as provided in s. 205.033(1) (b), Fla. Stat. NOV 1 http://myfloridalegal.com/ago.nsf/printview/60B665D0316CC 16B85256DD40065EC1070,.. 11/7/2003 10£ AGREEMENTS WITH REGARD TO ALL BROADBAND OR IN¥ORMATION SERVICES, AND, ALLOWS TELEPHONE COMPANIES TO IMPLEMENT UNCONSCIONABLE RATE INCREASES WITH VERY LIMITED GOVERNMENTAL OVERSIGHT WHEREAS, during Florida's 2002 Legislative Session, Governor Bush vetoed last year's proposed House Bill 1683, which would have accomplished essentially the same results as the provision contained in currently proposed Senate Bill 654 and House PCB BR 03-06 ("the BILLS"); and WHEREAS, Governor Bush announced that last year's proposed House Bill 1683 was based on "ambiguities and circular logic" and would "tie the hands of the Florida Public Service Commission"; and WHEREAS, this year's redial of last year's bad Bill fails to correct the ills that were highlighted in Governor Bush's veto message because the new "BILLS" (a) insulate industries from competition from wireless and lntemet messaging services by shifting losses in access fee revenues to concurrent "revenue neutral" increases in local service basic rates, (b) by no means guarantee that competitors will enter into the applicable markets, and (c) do not allow residential customers and small business to realize savings and opportunity in their local service that they may realize in other telecommunications sectors; and WHEREAS. Governor Bush has said that the new "BILLS" are "acceptable" because in his opinion they grant to the Florida Public Service Commission sufficient authority to decide to what extent the subject telephone rates can be increased; and WHEREAS, in fact the "BILLS" afford customers very little, if any, effective protection, but instead, will allow elected officials to "blame" the appointed Florida Public Service Commissions for the inevitable, unconscionable rate increases that will certainly occur to millions of telephone customers with regard to their basic local telephone service; and WHEREAS, the "BILLS" will allow rates for residential basic telephone service to increase by up to 67 percent in as few as the first 2 years, and will also allow residential local telephone rates to increase up to 20 percent per year every year thereafter;, and WHEREAS, the "BILLS" can result in customers who use local telephone service collectively paying as much as $1 Billion more per year in as few as three years, and the quality of this service can decrease due to other provisions in these "BILLS"; and WHEREAS, the "BILLS" contain the following text: "No local government shall have the authority to directly or indirectly regulate the terms and conditions, including, but not limited to, the operating systems, qualifications, services, service quality. Service territory, and prices, applicable to or in connection with the provision of any broadband or information service"; and WHEREAS, the text noted above removes from Collier County regulatory jurisdiction the specified items with regard to all of the County's cable television franchisees, and Collier County believes such removal of regulatory authority is not in the public interest and may even be an unconstitutional impairment of Collier County's contract rights with regard to its existing cable television Franchise Agreements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners of Collier County, Florida, strongly opposes proposed Senate Bill 654 (and its counter-part proposed PCB BR 03-06) from being enacted into law because these proposed Bills allow unconscionable, unjustified increases to rates for local telephone service, and also prevent Collier County, and all other local governments, from enforcing their existing cable television Franchise Agreements with regard to all activities classified as "broadband and information services." This Resolution adopted this '~ day of April 2003, after motion, second and majority vote in favor of adoption. ATTEST DWIGH-T~ Er` BROCK, Clerk : :.. 'Deputy Clerk "~' A~c~st~ ms ~o Chm.lmu's s ~)mture ~1~. and Ic~ Thomas Paler, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIE~NTY.~/RIDA By. ~ /Sart~-~~ ' · TOI~ I-~ENN IN(~, Ch airman~ COl I JER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, FL 34112 · 239-774-8383 · Fax 239-774-4010 November 4, 2003 Honorable J. Dudley Goodlette Administration Building, Suite 203 3301 East Tamiami Trail Naples, Florida 34112 Dear Representative Goodlette: Earlier this year the Florida State Legislature passed a bill (sb. 654) that among other things, wrested any regulation of "broadband" from local authorities. At that time Collier County opposed that legislation. By eliminating local broadband oversight, Florida may have provided the cable television and telecommunications industries the template for similar legislation now being considered by the United States Senate. Bob McKee, Governmental Liaison, Florida Association of Counties, writes regarding the potential federal elimination of local broadband regulation, "There is concern that telecommunications activity that today is not internet based will rapidly migrate to an internet model, putting at risk the entire $2 billion collected from the Communications .Services Tax on state and local levies." Collier County currently receives nearly $3 million annually (and growing) from the Communications Services Tax. Unfortunately, according to highly respected communications attorneys, Florida has already provided the state's cable television and telecommunications providers with this opportunity, no matter what the federal government decides. Given the severe negative financial impact to Florida's communities at a time when most are experiencing budget shortfalls, we respectfully request your consideration to repeal or amend Section 364.0361 of sb. 654. Thank you. 'County Manager cc: Board of County Commissioners Beth Walsh, Assistant to the County Manager NOV 18 2D{B y ISSUESSURROUNDING SB 654 "A LOCAL GOVERNMENT MAY NOT DIRECTLY OR INDIRECTLY REGULATE THE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE OPERATING SYSTEMS, QUALIFICATIONS, SERVICES, SERVICE QUALITY, SERVICE TERRITORY, AND PRICES, APPLICABLE TO OR IN CONNECTION WITH THE PROVISION OF ANY BROADBAND OR INFORMATION SERVICE." SB 654 SECTION 364.0361 TELECOMMUNICATIONS/CABLE PROVIDERS WILL UTILIZE THE INTERNET (INCLUDING PROGRAMMING) THUS AVOIDING ANY FEES. $20 BILLION POTENTIAL ANNUAL LOSS TO THE STATE OF FLORIDA. $2.9 MILLION ANNUAL LOSS TO COLLIER COUNTY. POTENTIAL LOSS OF ALL OVERSIGHT OF CABLE TELEVISION. CONTACT: DOUG ESSMAN, Collier County Cable Franchise Coordinator (239) 403-2302 I HOVI 2003 I ,..I VIA FACSIMILE October 8, 2003 The Honorable Bob Graham, United State Congress 524 Hart Senate Office Building Washington D.C., 20510 Dear Senator Graham: I am writing you concerning Senate Bill 150 by Sen. George Allen (R, VA). Also known as the "lntemet Tax Freedom Act", the current version of the bill creates much concern for Florida's counties. This bill is currently in the Senate Finance Committee. In particular, section 2(c) of the bill revises the definition of internet access to include telecommunication services used to provide intemet access. This language is subject to much debate and concern as to its ultimate interpretation. The language is very broad, making part of the permanent moratorium any telecommunication service used in the provision of intemet access. The Florida Association of Counties (FAC) is very concerned that today's traditional telecommunication activity will rapidly migrate toward an intemet based model whereby all voice, video, and data transmissions would flow. Such migration of traditional communication services to the internet could put in jeopardy over $2 billion in Flodda state and local tax receipts. Additionally, the bill makes no provision for bundled transactions, where otherwise taxable items are bundled into a single transaction with items non-taxable due to this moratorium. As a nlember of the Senate Finance Committee, FAC asks that you work to clarify these issues in S.150. FAC understands the intent of the moratorium - not to impede the growth of the intemet through state and local taxation. However, we do question the need to rush to a permanent moratorium when an extension would produce the same result and provide time to better address the issues raised by local governments. If you have any questions please call me at (850) 922-4300. Thank you for your consideration of our issues. I hope that you will be able to support this position of local governments as this bill is considered by the Senate. Sincerely, Mary Kay Cariseo Executive Director MKC/ap NOV 2i3133 Statutes & Constitution :Search Statutes :->2003->Ch0364->Section 0361: flsenate.gov Page 1 of 1 Select Year: 12003 The 2003 Florida Statutes .Ti tte__X_)~V!! Ch~.p~er.3_64 Yle_w En_.tire RAILROADS AND OTHER REGULATED TELECOMMUNICATIONS _Chapter UTILITIES COMPANIES 364.0361 Local government authority; nondiscriminatory exercise.--A local government shall treat each telecommunications company in a nondiscriminatory manner when exercising its authority to grant franchises to a telecommunications company or to otherwise establish conditions or compensation for the use of rights-of-way or other public property by a telecommunications company. A local government may not directly or indirectly regulate the terms and conditions, including, but not limited to, the operating systems, qualifications, services, service quality, service territory, and prices, applicable to or in connection with the provision of any broadband or information service. This section does not relieve a provider from any obligations under s. 166.0.._46 or s. 337.401. History.--s. 33, ch. 95-403; s. 5, ch. 2003-32. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Florida. priva~;y Statemeot. NOV lb Po. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-S.., l l/12/2003 11/06/2003 84:18 TAXFA, ~='Lc,RI DA TC LI~COPY ~:11:3t 2395307775 CC ANI~L SERVICES NASORS. (~IBLIN ~, NICK£RSON, ~.A. ATTORH~Y~ AT LAW SUITE ZOO ~soo ~A~A~ DRIVE TALLAHABSE[. FLORIDA ~0~ TELEPHONE ~01 z~4-4070 T~LECO~Y ~850~ ~-4073 PAGE 85 September 29, 2003 Michael W. Pettit Chief Assistant County Attorney Office of the County Attorney 33¢1 Tamiami Trail East Naples, Florida 34112-4961 Re: Request for Legal Opinion Dear Mr. Pettit: You have requested an opinion as to the continued viability of a Special Act relating to Collier County concerning livestock at laIge. Specifically, you have asked the following: Whether a certain Special Act passed by the Florida Legislature as 1937 Florida Laws chapter 18458 continues to be in force and effect and, if so, what impact does a subsequently enacted general law and a later adopted county ordinance bare on the Special Act. You have also requested our opinion as to the procedure for amending or repealing the Special Act. For the foregoing reasons, I am of the opinion that the Special Act remains in force and effect and that, to the extent any suksequently adopted general law 'or ordinance conflicts with the Special Act, the Special Act controls. Further, I am of the .opinion that the Special Act may be repealed by the legislature without the necessity of a referendum. NOV iS 11/06/2003 04:10 23953077?5 CC ANIMAL SERVICES PAGE 06 Michael W. Pettit September 29, 2003 Page 2 Some historic background is required. Under the 1885 Florida Constitution, counties and cities derived all of their powers from the state and had no independent power to govern, absent specific authorizing legislation. To provide this necessary authority, the legislature generally adopted Special Acts that would grant sperific authority to a local government. Among these was 1937 Florida LaWs chapter 18458, a Special Act applying to Collier County and concerning livestock st large (the "Special Act"). The Special Act, which was approved by a referendum of the voters of Collier County, prohibited the roaming of livestock at large and provided certain procedures for the sale of such livestock. The Special Act has never been amended.: Additionally, during this sam~ period, the legislature adopted several osher Special Acts governing livestock at large in other counties. In 1949, the legislature adopted 1949 Florida Laws chapter 25236 (more commonly known as the "Warren Act"), which is codified at chapter 588, Florida Statutes. The Warren Act addresses livestock at large and, though similar to the Special Act, contains several differencesP In 1968, Florida adopted a new constitution. See House J. Res. 1-2X; Sen. J. Res. 4-2X; Sen. J. ~es. 5-2× (1968). The 1968 con.~titution grants counties broad "home rule" powers of self- government as is provided by general or special law, including ~he power to enact county ordinances, provided they are "not inconsistent vith general or special law .... " Art. VIII, § l(f.., Fla. Const. With this broad grant of home rule powers, unl;Lke their authority under the 1885 constitution, counties no lon¢~er had to rely on the legislature to pass special laws, but had broad powers of self-goverD_ment. Subsequent to the adoption of the 196}~ constitution, Collier County passed an ordinance regarding liw~stock at large, which apparently conflicts with the Special Act and the Warren Act. Collier County's Code incorporates the Special Act. Collier County Code, Art. II, § 210-26, See 11/86/2883 84:13 23g5307775 CC ANIMAL SERVICES PAGE 81 Michael W. Pettit September 29, 2003 Page 3 Analysis As a result of the various enactments and the transition of county powers under the 1968 constitution, some confusion as to what law controls can exist where the legislature and local governmen~ have passed, before and after the adoption of =he 1968 constitution, various laws on the same subject. This is the case in Collier County. Initially, to the extent that the Collier County ordinance concerning livestock at large conflicts with either the Special Act 2 or the Warren Act, the Special Act or the Warren Act govern.. Whether the Warren Act or the Special Act governs in Collier County is a bit more complicated. However, as I will explain, I am of the opinion that the Special Act governs. A Special Act is not repealed by later general law absent a clear showing of a legislative intent to this effect. Section 14 of the Warren Act, as codified at Florida Statutes ~ 588.25, provides: The provisions of ss. 588.12-588.25 shall not apply to counties having special laws or general laws of local application requiring the confinement and restraint of livestock; provided, however, where the provisions of such special laws or general laws of local application do not prohibit livestock from ruQning upon or straying upon the public highways, or the provisions of such special laws or general laws. of local application do not provide for liability of owners of ~ The Florida Supreme Court has recognized two separate and distinct ways that a local government ordinance may be found to be inconsistent with state law: (1) if the legislature has preempted a particular subject area, Speer v. Olson, 367. So. 2d 207 (Fla. 1973), and (2) in those cases where both a local government and the state have authority to legislate in a particular area, the local 'government ordinance must not specifically conflict with state statute. Thomas V .... State, 614 So. 2d 468 (Fla. 1993); City of Cas~_elberry v. Orange Coun%v Police Benevolent Ass'n, 482 So. 2d 336 (Fla. 1986). The legislature has not preempted the regulation of livestock.at large. See Lynch v.. Dur.~.nce, 77 So. 2d 458, 460 (Pla. 1955). To the extent, then, that the ordinance conflicts with the Warren Act or the Special Acf, those 11/06/2003 64:13 2395387775 CC ANIMAL SERVICES PAGE 02 Michael W. Pettit September 29, 2003 Pac. e 4 livestock for damages and injuries caused by such livestock, or provide less severe penalties than imposed by s. 588.24, the .provisions of this act shall, apply in each such case as if the provisions hereof were inserted in full in any such special law or general law of local application. Provided, further, that if any such special law or general law of local application is found unconstitutional or in any way inoperative, %hen this act ~hall be in full force and effect in the county, or counties, affected. Fla. Sta%. § 5.88.25- Clearly, the legislature intended for local governments to have a degree of control over the implementation of laws relating to livestock at large. Moreover, the Florida Supreme Court has held that "matters encompassed is the warren Act other then those dealt with in the proviso in Section 14 [(codified at § 588.25, Florida Statutes)] thereof may be the subject of applicable 'valid and constitutional' local laws or general laws of local application but that as to these the provisions of the Warren Act control." See Lynch v. DurraD.~.e, 77 $o. 2d 458, 460 (Fla. 1955).~ Accordingly, provisions of the Warren Act are controlling over local laws or general laws of local application with respect to matters of prohibiting livestock from running st large, making the owner liable for damages, and fixing a penalty; other matters, however, m8¥ be subject of applicable valid and constitutional local laws or general laws of local application. See L¥~b v. ) The Florida Supreme Court has so held notwithstanding that the Warren Act includes a clause that repeals "[a]ll laws or parts of laws in conflict" with the Warren Act. 1949 Fla. Laws ch. 25236, ~ 16. Even though the Special Act and the warren Act differ from each other, the differences are allowed under section 588.25. Therefore, the Special Act does not conflict with the Warren Act and the Warren Act did not repeal the Special Act. Nor was the Special Act repealed by 1971 Fla. Laws ch. 71-29. Chapter 71-29 was enacted with the purpose of repealing a number of general laws of local application after the granting of home rule power to local governments by the 1968 constitution. Chapter 71-29 sets forth a list of chapters of general laws of local application deemed by the legislature to be r~pealed and instead considered ordinances. The list omits 1937 Fla. Laws ch. 18458. Accordingly, the Special Act was not explicitly repealed by chapter 71-29. 11/85/2883 84:13 2395387775 CC ~I~L SERVlOES PAGE 83 Michael W. Pettit September 29, 2003 Page 5 Durrance, 77 So. 2d 458 (Fla. 1955). When the Warren Act is read in its entirety and with practicality in mind, it makes sense thaC there be uniformity throughout the state as to the above three issues, but that, given the inherently local nature of the control of livestock, local governments should have flexibility in the implementation of these laws. See id. (discussing section 10, 11, 12, and 13 of the Warren Act, the court states: "Thsre may be, and probably are, good reasons why it would be desirable to treat these matters, which are. primarily administrative, differently in the various counties in the State. At least there appears to be no logical or 'compelling reason why they should be of uniform operation in all parts of the State."). The Special Act governs livestock at large in Collier County to the extent it comports with those specific requirements deemed applicable to counties or set forth in the Warren Act. The Special Act appears to meet these requirements. Accordingly, unless and until the legislature repeals the Special Act concerning livestock at large in Collier County, Collier County is obligated to comport with the requirements of the Special Act.~ ~ To the extent a Special Act only applies to the unincorporated area, they may be repealed by the County Commission by ordinance. It is not clear to me which areas are unincorporated an¢~ whether the Special Act, therefore, relates to unincorporated areas. The current statutory description of the boundary of Collier County is nearly identical to the description set forth in the Special Act. The only significant difference is that the defcription in the Florida'Statutes states that after running east on the north line of township forty-nine south you are to go "south to the east line of range thirty-four east and the west boundary of Brcward County," whereas the Special Act says that you run east alcng the north line of township 49 "South to the West line of Brcward County." Compa.~e Fla. Stat. § 7.11 with 1937 Fl'a. Laws ch. 18458, ~ 1. Florida Constitution Article VIII, section 6(d), prcvides: "Local laws rela~ing only to unincorporated areas of a county on the effective date of this article may be amended or 'reFealed by county ordinance." To the extent the ordinance puzports to amend the Special Act, it may only amend the Special Act as it relates to unincorporated areas of Collier County. This would be evidenced by language suggesting it is to be limited in its operation to the unincorporated areas of the county. See Davi_~s v. Gronempyer, 251 So. 2d 1 (Fla. 1971). The same is true of a new ordinance, were the dounty to seek to amend the Special Act by NOV ,8 200 11/86/2883 84:18 239§307775 CX3 ANIMAL SERVICES PAGE 82 I'Rm'AREO IN ANTICIPATION O~iLIIT~GATION AND Itl~FLECT$ A MENTAL IMPRESSION, · C¢)NCLUSION,. LITIGATION STRATEGY OR LEGAL TItEORY OF THE ATTORNEY OR AGENCY , An-O tS ~..m~rr raoM mSCLOSm~ AS A PCr~LIC m~cogo ~,trastJA~rr xo r£o~v~ s~Arv'r~s. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MF MORANDUM - TO: FROM: DATE: RE: John Dunnuck, Administrator, Public Services ocli Walters, Director, Domestic Animal Services {~ . Michael W. Pettit, Chief Assistant County Attome¥ ~~ October 13, 2003 Handling and Disposition of Roaming Livestock Taken into Custody of Domestic Animal Services - ILlS No. DAS03072107 Both the referenced ~ and the recent internal investigation at the Domestic Animal Services Department ("DAS") raise questions concerning the handling and disposition of livestock in the custody of DAS. Some of these questions have no absolutely clear or easy ans a, er. Nevertheless, in this memorandum I will attempt to provide you with as much guidance as possible to resolve the questions presented. First, and regardless of how we define the term "livestock", it is my opinion that neither Chapter 588, Fla. Stat., referred to hereafter as the "Warren Act", which deals with livestock running at large, nor Collier County's special act, referred to hereafter as the "Stock Law", which also deals with livestock running at large and which is codified in the Code of Laws and orcfinances of Collier County, Florida at Sections 210-26, et. seq., have any applicability to situations whew an owner of livestock voluntarily surrenders the livestock to DAS custody in the firs': instance or where DAS encounters livestock that is properly behind fences or within cnc[osares but 'is otherwise neglected or abused. In other words, the Warren Act and the Stock Law apply only in situations where DAS takes .livestock into custody because the animals are mn:ting or roaming at large. Accordingly, for disposition of livestock taken into DAS custody but that was not found roaming at larg~, I believe we may follow thc procedures set forth in the County's own animal con trol ordinance, cod/fled at Sections 14-26, et. seq., of the Code of Laws and Ordinances of Collier County,. Florida. I caution, however, that we must maintain clear documentation of any vohmtary surrender of livestock, or taking into custody of abused or neglected livestock found within fenced areas or enclosures~ With such documentation, disposition of thc livestock under the procedures of our own animal control ordinance will be far less subject to question or legal cha]lenge. In the case of roaming livestock that is taken into custody by DAS, the handling and disl:OSition of. the animals becomes a more complicated matter. As thc attached legal opinion from outside counsel attached as Exhibit 1, and as our Office's independent ~,~rch co~firms, Ne. 11/06/2003 04:10 2395387775 CC ANINAL SERVICES PAGE 03 the Stock Law remains in force and effect and is thc primary governing law to the extent questions or issues arise about the handling and disposition of roaming livestock by DAS. Of p~J. cular note ar~ Sections 210-29 through 210-32 of the Stock Law, which concern the imi,oundment of livestock running at large and the ultimate disposition of such livestock. As you can see, these procedures appear to impose duties of impoundment and sale and advertising of :;ale upon the Sheriff "or other officers". Based upon my reading of these sections of the Sto:k Law, I believe we should enter into a meinomndum of understanding with the Sheriff that could be approved by the Board of County Commissioners to allow all of these activities to be per?ormed by DAS. Indeed, it is my understanding that DAS is proceeding to dispose of roa~ing livestock by auction at this time. Thus, we simply need to ensure that our procedures conform to those set forth in the Stock Law. Even though the Stock ..Law is the primary governing law for the handling and disposition of livestock that is taken into custody when found roaming at 1,-trge, it is still necessary to take into account the Warren Act. Specifically, at Section 588.25, Fla. Stat., the Warren Act makes · cle:tr that special laws ot general laws of .local application, such as the Stock Law, take pre,;edence over the Warren Act. Furthermore, Section 588.25, Fla. Stat., provides that certain. provisions of the Warren Act must be included in the special law or general law of local apl:ljcation or the Warren Act provisions will apply. My review of the Stock Law indicates that we have tWo of the three required provisions: a prohibition against lj. vestock running at large or straying upon the public highways; and a provision imposing liability for damages caused by such livestock. I could find no penalty in the Stock Law, however, equivalem' to Section 588.24, Flu. Stat., in the Warren Act making it a misdemeanor for an owner of ]ivestoek to "unlawl'ully, intentionally, knowingly or negligently permit[ ]" from running at large. Thus, that section of the Warren Act would apply and could subject such an owner of livestock to prosecution. Another difficulty posed by the fact that the Stock Law appears to be the primary go,,eming law in situations where livestock is found running at large is thc definition of the term "li',estock". The Warren Act specifically defines livestock to "include all animals of the equine, bo'dne, o~- swine class, including goats, sheep, mules, horses, hogs, cattle, ostriches, and other gra:dng animals." Section 588.13(1), F/a. Stat. The Stock Law uses the term "livestock" but does not provide a specific definition. Generally, the term "livestock" can refer to any "animals kept or raised for use or pleasure; farm animals kept for use and profit." Webster's New CoIIegiate Dictionary (I974); see al,~o 'The American Heritage Dictionary (1985) ("domestic animals such as came or horses, raised for home usc or for profit."). However, the Stock Law ar~:ably could be read to be limited in its application to "cattle, horses or mules." See Sections 210-26 through 210-29 of the Stock Law. While various lawyers certainly could debate th.is issue, my recommendation is that DAS simply apply the broader definition of the term "livestock" in the Warren Act and proceed to handle such animals as set forth in the Stock Law. I r~flece this recommendation for two reasons. First, aa thc attached legal opinion points out, both the Warren Act and Stock Law would take, precedence over our local animal control ordinance. Therefore, where the Stock Law fails to 10ye guidance on the disposition and handling of roaming livestock, it would be my recommendation that we revert to the Warren Act. In particular, both the Stock Law and the Wan'eh Act are intended to prevent roaming of livestock at large. 2 NOV 18 · 11/86/2883 84:18 2395387775 CC ANIMAL SERVICES PAGE 84 In addition, the generally accepted definition of the term 'qivestock" includes animals oth~:r than caffie, horses andmules. Similarly, the Warren Act's definition of "livestock" extends far l~eyond cattle, horses and mules. Moreover, thc Warren Act's definition, of "livestock" is not exhaustive. I say this because the Warren Act definition of livestock uses the word "include" and "including". Typically, dictionaries define these words as roeax~ing to "take in or comprise as a part of a larger whole." Webster's New Collegiate Dictionary (1974); Black's Law Dic.~onary (7t~ ed.) ("ff'o contain as part of something. The participle including typically indicates a partial list.") ~ In this same regard, staff also asked whether an "emu" is included in the Warren Act definition of "livestock,. My answer, on balance, is yes. An emu is an animal that is raised for ple~.sure and profit. Further, as already state& the definition of livestock used in the Warren Act doe~ not appear to be exhaustive. In addition, the phrase "and other grazing animals" at the end of the definition is not nec~sarily restrictive, i.e., it does not necessarily have to be read as limiting other types of livcstock to animals that technically can be classified as grazing animals. Rather, the word "and" could be read to function here to indicate that "other grazing animals" are sim'sly another category of animal covered by the statute. Thus, to my mind, the question of whether emus are technically g~azing animals or not is not disposifive of whether they would be included in thc Warren Act definition of Uvestock. Certainly, there are statutory interpretation arguments to the contrary. For example, one could argue that since the legislature defined livestock .in Section 818.23, Fla. Stat., in Chapter 828, Fla. Stat., dealing with animal cruelty and aniTaal enterprise production, to include emus but did not include emus in this definition, it did not intend emus be accorded the status of "livestock" under the Warren Act. At the end of the da),. however, by'taking the more conservative approach and treating emus and other animals defined as livestock under the Warren Act ss "livestock" and ~ "livestock" under the Stock Law, we will be less subject to legal challenge, l say this because one obvious purpose of both laws seems to be that the public be given an o.pportunity to participate in an auction process for di sI:ositi on of roaming livestock. On another note, you may want to consider coming before the legislative delegation to seek a repeal of the Stock Law. This would have the benefit of simplifying the way we approach the '~roblem of roaming livestock. (I have also discussed with outside counsel whether, in light of fi~otnote 4 to his opinion, we could repeal.the Stock Law by ordinance. He does not believe that we can because the Stock. Law operates in all areas of the County, not just the unincorporated areas.) Finally, I know that following the Stock Law or Warren Act procedures is not necessarily cost effective for the County. Never~eless, it appears the legislature has determined that disp ~siti.on of roaming livestock by auction is the preferred approach and in the public interest. Note: I have attached a copy of thc Stock Law (Exhibit 2) and the Warren Act (Exhibit 3) to this mentorandum for your convenience. l~l~lb cc. l~vld C. Wcigtl, County ^twmcy att. using dictionaries to hclp with interprctafion for a reason: It is well scttled that statutcs a~e to be read in accot tancc with the plain and ordinary mcaning of tl~e words u.ned in thc statutes, rxrisure Rex~rt$ v. Franic J. An Acting Relating To Animal Control A bill to be entitled An act relating to animal control; amending s. 828.055, F.S.; authorizing the Board of Pharmacy to adopt by rule those legend drugs recommended by the Board of Veterinary Medicine for which permits may be issued for the capture or euthanasia of animals; amending s. 828.058, F.S.; requiring chemical immobilization training, which training curriculum must be approved by the Board of Veterinary Medicine; amending s.828.03, F.S.; requiring training for certain agents of counties or societies that may prosecute violators; amending s. 828.073, F.S.; authorizing officers and agents of municipalities to take actions with respect to animals in distress and officers and agents of counties; amending s. 828.27, F.S.; redefining the term "Animal Control Officer"; increasing training requirements providing for an effective date; Be It Enacted by the Legislature of the State of Florida: Section 1. amended to read: 828.055 Section 828.055, Florida Statutes, is ~-=: ....... = - : Permits for druq use in chemical immobilization and euthanasia of ~ animals. (1) The Board of Pharmacy shall adopt rules providing for the issuance of permits authorizing the purchase possession, and use of ~u~= by leqend dru.qs, includinq controlled substances listed in chapter 893, as recommended by the Board of Veterinary Medicine for county or municipal animal control agencies, state aqencies with duties includinq the capture and euthanasia of animals, or humane societies registered with the Secretary of State for the purpose of euthanizing injured, sick, or abandoned, or otherwise unclaimed ~ animals that whic~h are in their lawful possession. (a) County or municipal animal control aqencies, state agencies with duties includinq the capture and euthanasia of animals, or humane societies with qovernment contracts for animal control may purchase, possess, and use permitted leqend druqs for the purpose of tranquilizinq or sedatinq and eut.hanizinq injured, sick, abandoned, or otherwise unclaimed animals that are in their lawful possession, and for chemical immobilization of animals when other methods of capture are ineffective or impractical. (b) Humane societies without qov~rnment contracts_f_Qr.~lim~_~__ NOV t-S 2U 1 control may purchase, possess, and use permitted legend drugs for the purpose of tranquilizing or sedating and euthanizinq injured, sick, abandoned, or otherwise unclaimed animals that are in their lawful possession. (2) The rules shall set forth a list of legend drugs permitted for the agencies listed in paragraph (1) (a) and those listed in paragraph (1) (b) and guidelines for the proper storage and handling of these legend druqs ~U~L,L ~=l~u~~ ~ ............ and such other provisions as may be necessary to ensure that the drugs are used solely for the purpose set forth in this section. The rules shall also provide for an application fee not to exceed $50 and a biennial renewal fee not to exceed $50. (3) (2) Any county or municipal animal control agency~ state agency with duties including the capture and euthanasia of animals, or any humane society registered with the Secretary of State may apply to the Department of Health Business and .... =~-~---~ ..... ~-~:~- for a permit to purchase, possess, and use legend drugs, including controlled substances listed in chapter 893, sodium pentobarbital ~ o~,,, ~~~ -~ ~ pursuant to subsection (1). Upon certification by the ~Board of Pharmacy that the applicant meets the qualifications s~t forth in the rules, the department shall issue the permit. (4) (3) The bBoard of Pharmacy may revoke or suspend the permit upon a determination that the permittee is using legend drugs recommended by the Board of Veterinary Medicine sodium - = ...... for any purpose other than that set forth in this section or if the permittee fails to follow the rules of the board regarding proper storage and handling. Section 2. read: Section 828.058, Florida Statutes, is amended to 828.058 Euthanasia and chemical immobilization of animals (1) Sodium pentobarbital, a sodium pentobarbital derivative, or other agent the Board of Veterinary Medicine recommends to the Board of Pharmacy for inclusion may approvc by rule shall be the only agents ~ used for euthanasia of animals dogs and cats, by public or private agencies, animal shelters, or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals. A lethal solution shall be used in the following order of preference: (a) Intravenous injection by hypodermic needle; (b) Intraperitoneal injection by hypodermic needle; (c) Intracardial injection by hypodermic needle; or (d) Solution or powder added to food. (2) Animals a =-- or cat may be sedated tranquilized with an approved and humane agent that the Board of Veterinary Medicine recommends to the Board of Pharmacy ~ before animaI~-f~io~d~ t~,. euthanasia is performed or when immobilizing i N~"~ ..... ~ facilitate capture or control. ~ NOV 'lB (3) Public or private agencies, animal shelters, or other facilities that are operated for the collection and care of stray, neglected, abandoned, or unwanted animals are not permitted to use succinylcholine chloride, curare, curariform mixtures, any substance which acts as a neuromuscular blocking agent, or a chamber which causes a change in body oxygen may--not be--used on animals a dog or cat for any purpose. However, whenever an emergency situation exists which requires the immediate euthanasia of an injured, diseased, or dangerous animal, a law enforcement officer, a veterinarian, or an agent of a local animal control unit or the designee of such an agent may humanely destroy the animal, as provided in s. 828.05. (4) (a) Euthanasia shall be performed only by a licensed veterinarian or an employee or agent of a public or private agency, animal shelter, or other facility that is operated for the collection and care of stray, neglected, abandoned, or unwanted animals, provided the employee or agent has successfully completed a 16-hour euthanasia technician certification course. The curriculum for each such course must be approved by the Board of Veterinary Medicine and must include, at a minimum, the pharmacology, proper administration, and storage of euthanasia solutions; federal and state laws regulating the storage and accountability of euthanasia solutions; euthanasia technician stress management; and proper disposal of euthanized animals. An ployee agent ......... ~ ...... ~ .... ~ ............ ~-- ~ ID~,~ ....... ~- ~--= ...... = .... =-- euthanasia ...... = ........ = .... 19D3, must obtain certification before performing any euthanasia. However, a certified veterinarian technician who is an employee or agent as defined in the subsection, may perform euthanasia without completing the certification course required by this subsection. Euthanasia must be performed in a humane and proficient manner. (b) Chemical immobilization shall be performed only by a veterinarian, certified veterinary technician, employee of a state agency with animal related responsibilities, animal control personnel, or personnel from a humane society that is registered with the Secretary of State and has a government contract for animal control. Except for veterinarians or certified veterinary technicians, all other persons performing chemical immobilization must have successfully completed a 16-hour chemical immobilization certification course. The curriculum for such course must be approved by the Board of Veterinary Medicine and must include, as a minimum, the pharmacology, proper administration, record keeping, and storage of chemical immobilization solutions; chemical immobilization technology; animal behavior; postimmobilization procedures; and marksmanship training. (5) (b) No animal ~ may be left unattended between the time euthanasia procedures are first begun and the time death occurs, nor may its body be disposed of until death is confirmed by a qualified person. In the case of chemical immobilization, no animal may be left unattended between the time of chemical Nu¢ 2u 3 immobilization and return to sternal recumbency. (6)(5) The state attorney may bring an action to enjoin any violation of this act. (7)(6) Any person who violates the provisions of this act is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Section 3. Subsection (3) is added to section 828.03, Florida Statutes, to read: 828.03 Agents of counties, societies, etc., may prosecute violators. (3) Any aqent appointed after July 1, 2001, under this section shall successfully complete the 40-hour minimum standards traininq course required by s. 828.27(4) (a) l within 1 year appointment. If such aqents utilize devices to chemically immobilize an animal, they must complete the 16 hours of traininq required by s. 828.27(1) (b). They shall also be required to comply with s. 828.27(4) (a) 3 reqardinq postcertification continuinq education traininq. Any aqent who was appointed prior to January 1, 1990, under this statute is not required to complete the minimum standards traininq course. Section 4. Subsections (2) and (3), paragraph (a) of subsection (4), paragraph (b) of subsection (7) of section 828.073, Florida Statutes, are amended to read: 828.073 Animals found in distress; when agent may take charge; hearing; disposition; sale. (2) Any law enforcement officer or any agent of any county or municipality or of any society or association for the prevention of cruelty to animals appointed under the provisions of s. 828.03 may: (a) Lawfully take custody of any animal found neglected or cruelly treated by removing the animal from its present location, or (b) Order the owner of any animal found neglected or cruelly treated to provide certain care to the animal at the owner's expense without removal of the animal from its present location, and shall forthwith petition the county court judge of the county wherein the animal is found for a hearing, to be set within 30 days after the date of seizure of the animal or issuance of the order to provide care and held not more than 15 days after the setting of such date, to determine whether the owner, if known, is able to provide adequately for the animal and is fit to have custody of the animal. The hearing shall be concluded and the court order entered thereon within 60 days after the date the hearing is commenced. No fee shall be charged for the filing of the petition. Nothing herein is intended to require court action for the taking into custody and making proper disposition of stray or abandoned animals as lawfully performed by animal control agents. (3) The officer or agent of any county or municipality or any society or association for the prevention of cruelty to animals taking charge of any animal pursuant to the._~r-~v' ' ,~~-~-- this section shall have written notice served, at least 5 days prior to the hearing set forth in subsection (2), upon the owner of the animal, if he or she is known and is residing in the county where the animal was taken, in conformance with the provisions of chapter 48 relating to service of process. The sheriff of the county shall not charge a fee for service of such notice. If the owner of the animal is known but is residing outside of the county wherein the animal was taken, notice of the hearing shall be by publication in conformance with the provisions of chapter 49. (4) (a) The officer or agency of any county or municipality or of any society or association for the prevention of cruelty to animals taking charge of an animal as provided for in this section shall provide for the animal until either: 1. The owner is adjudged by the court to be able to provide adequately for, and have custody of, the animal, in which case the animal shall be returned to the owner upon payment by the owner for the care and provision for the animal while in the agent's or officer's custody; or 2. The animal is turned over to the officer or agent as provided in paragraph (c) and a humane disposition of the animal is made. (7) In any case in which an animal is offered for auction under the provisions of this section, the proceeds shall be: (b) Applied, secondly, to the care and provision for the animal by the officer or agent of any county or municipality or of any society or association for the prevention of cruelty to animals taking charge. Section 5. Paragraph (b) of subsection (1) and paragraph (a) of subsection (4) of section 828.27, Florida Statutes, are amended to read: 828.27 Local animal control or cruelty ordinances; penalty. (1) As used in this section, the term: (b) "Animal control officer" means any person employed or appointed by a county or municipality who is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations as provided in this section. An animal control officer is not authorized to make arrests or bear fire arms, except as provided for in this section ~ ~ .... ~ ~o~o. h~we~r~--~Such officer may carry a firearm modified to activate a capture net or ~ to chemically subdue and tranquilize an animal, provide~ that such officer has successfully completed a minimum of 16 hours of ....... = --- = ............. :=-= ..... =- chemical immobilization of animals as outlined in s. 828 058(4) :- accordance ---:=-~=--- prescribed ~- ~=- ~=--:--~~---=:~ .......... ~: .... ................ with the ~=~":=- ~f the ' = ....... =- = In addition, approval of the local ~overninq authority, an animal control officer may carry a leqal firearm in the official conveyance when such firearm is carried solely for the lawful use outlined in s. 828.05 ( 3 ) and provided that such officer has ---~. ,~C~u] ly completed a state-approved qun safety course and the euthanasia certification course outlined in s. 828.058(4) (a) . (4) (a)l. County-employed animal control officers ~ and municipally employed animal control officers may~, shall successfully complete a 40-hour minimum standards training course. Such course shall include, but is not limited to, training for: animal cruelty investigations, search and seizure, animal handling, courtroom demeanor, and civil citations. The course curriculum must be approved by the Florida Animal Control Association. An animal control officer who successfully completes such course shall be issued a certificate indicating that he or she has received a passing grade. 2 Any animal control officer who was authorized prior to January 1, 1990, by a county or municipality to issue citations is not required to complete the minimum standards training course; however after July 1, 2004, they must complete the continuinq education traininq requirements as outlined in 828.27(4(a)3. 3. In order to maintain valid certification, every 2 years each certified county-employed and municipally-employed animal control officer shall complete ~ ~ hours of postcertification continuing education training as approved by the Florida Animal Control Association. Such training may include, but is not limited to, training for: animal cruelty investigations, search and seizure, animal handling, courtroom demeanor, and civil citations. NU¥ ! i) ku~,J AN ACT RELATING TO ANIMAL CONTROL This FACA proposed legislation has broad support from the Florida Veterinary Medical Association, Humane Society of the United States Southeastern Region, Board of Veterinary Medicine, Board of Pharmacy, and the Florida Association of Counties Allows the Board of Veterinary Medicine to establish, by rule, the legend drugs deemed essential for euthanasia and chemical immobilization and for which animal control and humane agencies can be permitted by the Board of Pharmacy. At present shelters have difficulty obtaining drugs when new drugs become available or there are changes in DEA schedules because it is necessary to make changes to existing statutes. This proposed change would provide improved flexibility and responsiveness through rule changes. Direct purchase of drugs would reduce procurement costs. Requires newly appointed humane officers and municipally appointed animal control officers to attend the animal control officer certification course. Currently there are no mandatory training and experience requirements for these appointees. Changes the definition of ACO to clarify that they will not bear firearms with the exception of chemical immobilization guns and a firearm for use as allowed by FS 828.05(3) when approved by local governing authorities. · :-Additionally, it provides for a modest increase in ACO certification from CE from 4 to 8 hours every two years. This training can be done at conferences or in house in order to reduce costs. NUV Search- 1 Result-506.5131 ll' Page 1 of 1 Source: Legal > States Legal - U.S. · Florida > Statutes & Regulations > FL - Florida Statutes, Constitution, Court Rules and Advance Legislative Service TOC: Florida Statutes Constitution and Court Rules > /... / > CHAPTER 506. STAMPED OR MARKED CONTAINERS AND BASKETS > § 506.5131. Return of shopping.carts; assessment of fees, fines, and costs Terms: 506.5131 (Edit Search) Fla. Stat. § 506.5131 LexisNexis (TM) Florida Annotated Statutes *** THIS DOCUMENT IS CURRENT THROUGH THE 2002 LEGISLATIVE SESSION *** *** December'2002 Annotation Service *** TITLE 33. REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS CHAPTER 506. STAMPED OR MARKED CONTAINERS AND BASKETS GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION Fla. Stat. § 506.5131 (2002) § 506.5:1.31. Return of shopping carts; assessment of fees, fines, and costs (1) The rightful owner of any shopping cart with a registered name or mark found on public property shall be immediately notified of its recovery. (2) Notwithstanding any other provision of law or local ordinance, no fee, fine, or costs may be assessed against the owner of a shopping cart found on public property, unless the shopping cart was removed from the premises or parking area of a retail establishment by the owner of the shopping cart, or an employee acting on the owner's behalf, and such fee, fine, or cost has been approved by the Department of Agriculture and Consumer Services. HISTORY: s. 12, ch. 98-396. Source: Legal > States Legal- U.S. > Florida > Statutes & Requlations > FL - Florida Statutes, Constitution, Court Rules and Advance Legislative Service TOC: Florida Statutes, Constitution and Court Rules > /... t > CHAPTER 506. STAMPED OR MARKED CONTAINERS AND BASKETS > § 506.5131. Return of shopping carts; assessment of fees, fines, and costs Terms: 506.5131 (Edit Search) View: Full Date/Time: Wednesday, December 18, 2002 - 4:03 PM EST About LexisNexis I Terms and Conditions Copyright © 2002 LexisNexis,. division of Reed Elsevier Inc. rights reserved.I N°?~"~"*~'~ I/~1%P~_[~OV 1~ ~! OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: Michelle Arnold, Code Enforcement Director Jennifer A. Belpedio, Assistant County Attorney March 17, 2003 Removal and Pick-Up of Shopping Carts RLS f/CED 020913-13 and CED 021121-12 In the above two Requests for Legal Services you essentially inquire as follows: 1) Whether Collier County Ordinance 91-102, as amended, codified as the Land Development Code (LDC) Section 2.1.15. paragraph 5 is preempted by § 506.5131, Fla. Stat. (2003) such that it is unenforceable and 2) Whether the Code of the City of Kissimmee, Florida Chapter 14-2 City of Kissimmee Land Development Code (Kissimmee Regulation) regarding shopping cart retention is legally defensible such that Collier County may use it as a model for a future ordinance regulating shopping carts. Although I have not found any cases where a shopping cart regulation was challenged to an appellate court, the legislature has sought to prohibit local governing authorities from imposing a fee, fine, or cost against the owner of a shopping cart, which is found on public property. See attached for § 506.5131, Fla. Stat. (2003). Consistent with the notion of curtailing a local governing authority's ability to prosecute owners of shopping carts, § 506.509, Fla. Stat. (2003) states that a person, firm, corporation or association who is in possession of a shopping cart with a registered name or mark is guilty of a first degree misdemeanor. An owner of shopping carts may register its name with the Department of State as provided for by § 506.503, Fla, Stat. (2003). Therefore, Collier County should not seek a fee, fine, or cost against any owner of shopping carts before the Code Enforcement Board or a County Court Judge for violations of LDC Section 2.1.15. paragraph 5. However, the County may prosecute these violations as civil infractions and not seek monetary penalties. In the alternative, the County may prosecute these violations under § 125.69. Fla. Stat. (2003), which provides for incarceration as a penaltY for violations of county ordinances. I "'" Staff may pursue Board of County Commissioners direction to draft an ordinance regulating shopping carts, which does not impose a fee, fine, or cost against the owner of a shopping cart, which is found on public property. Although, the Kissimmee Regulation may be legally defensible, it is my opinion that Collier County should not limit its review to the Kissimmee regulations. Therefore, I have attached approximately thirteen Florida ordinances that regulate in the area of shopping carts that may assist the Staff in pursuing its alternatives. Of particular mention are the ordinances that authorize the Sheriff's office to seize and impound shopping carts that are abandoned or otherwise left on public streets. These ordinances allow for retrieval costs and a per day storage fee to be imposed against the owner when the shopping carts are claimed. If unclaimed within a specified period of time these ordinances also allow the Sheriff's office to auction the shopping carts. Should you require additional information or need further assistance, please do not hesitate to contact me. I am available to review any such executive summary and accompanying documentation that Code Enforcement plans to provide to the Board of County Commissioners for their consideration. JAB CC: David C. Weigel, County Attorney Joseph K. Schmitt, Administrator, CD&ES Marjorie M. Student, Assistant County Attorney Patrick G. White, Assistant County Attorney h:JABMemos2003- Michelle Arnold EXECUTIVE SUMMARY- ADOPT A RESOLUTION AUTHORIZING CONDEMNATION OF TEMPORARY EASEMENT INTERESTS REQUIRED FOR THE CONSTRUCTION OF A SlX-LANE SECTION OF VANDERBILT BEACH ROAD BE'FWEEN AIRPORT ROAD AND COLLIER BOULEVARD (CR 951) (CAPITAL IMPROVEMENT ELEMENT NOS. 24 AND 63, PROJECT NO. 63051). ESTIMATED FISCAL IMPACT: $665,900. OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of temporary driveway restoration easements and temporary construction easements as are necessary for the construction of a six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (CR 951). CONSIDERATIONS: On November 5, 2002, the Board of County Commissioners approved Resolution No. 2002-463 authorizing the acquisition by gift or purchase of right-of-way, drainage and/or utility easements, temporary driveway restoration easements and temporary construction easements required for the construction of roadway, drainage and utility improvements to Vanderbilt Beach Road (Project No. 63051). Furthermore, on June 24, 2003, the Board of County Commissioners approved Resolution No. 2003-231 authorizing the condemnation of fee simple title interests and/or those perpetual or temporary easement interests required for the construction of the six-lane improvements to Vanderbilt Beach Road. Design engineers, CH2MHill have made modifications to minimize impacts to affected properties and reduce the County's exposure to claims for severance and business damages. These design modifications resulted in the deletion of several right-of-way parcels and the modification of two existing parcels. In the two instances (Parcels 716 and 717) where the modifications increase the square footage of the right-of-way needed, the impact to the existing business is decreased. The result is a mutually acceptable and beneficial redesign for the property owner and the County. In July of 2003, CH2MHill completed the necessary redesign of the Harvey Canal outfall south of Vanderbilt Beach Road. Because the existing canal ditch actually lies outside of the existing platted drainage easements along the boundaries of Golden Gate Estates Units No. 2 and No. 95, the re-shaping, realignment and relocation of the Harvey Canal into the existing drainage easements will require temporary entry onto adjacent properties. For this reason Temporary Construction Easement parcels along both sides of the Harvey Canal were added to the project right-of-way requirements. As a result of all of these changes and revisions, staff is recommending that the Board adopt a condemnation resolution to include these new parcels. The Board of County Commissioners has been advised through numerous public meetings, MPO meetings, and documentation of the various alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the, environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long-range planning implications posed by each altern; fit¢¢ t, p, Information Meeting was held on July 10, 2003 to inform the public of project detail., an.d t~BiI~&T~EM No.__ I~., -- NOV 1 8 2003 Pg. 'i Executive Summary Page 2 feedback from the public regarding the project. The Board has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to Vanderbilt Beach Road. The location of the stormwater treatment pond and all of the linear stormwater treatment areas has been determined based on hydraulic and operational characteristics, maintenance considerations and minimization of wetland impacts. The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. (-~ISCAL IMPACT: Staff estimates many of the parcels will be donated. However, should the ~ condemnation of every right-of-way parcel be required in order to meet the schedule for the · commencement of construction, the cost is estimated at $665,900. This amount includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee. Source of funds are gas tax and road impact fees. However, staff will endeavor to negotiate settlements in good faith even after condemnation lawsuits have been filed GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the Vanderbilt Beach Road project 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. t--L~rr~a~'ne~La~, l~ight-of-Way ,C~rdinator Transportation Right of Way Office REVIEWED BY: DATE: Kevin Hendricks, R~ht-ofLWay A~luisit~)n Manager Transportation Right of Way Office AG,E N Q,A I~iEM No._ NOV 1 8 2003 Pg. ~, Executive Summary Page 3 REVIEWED BY: REVIEWED BY: APPROVED BY: Allen R. Ruth, P.E., Senior Project Manager Transportation jEngineed_ng & Construction Management DATE: (3regg R. ,~trakaluse, P.E., Director Transpo tion Engineering & Construction Management Department Norm~ 1~. Feaer~, AICP, Administrator Traits~ortation Division AGENELA ITEM Nc). __ _~__~ NOV 1 8 2003 Pg. ~ RESOLUTION NO. 2003 - A RESOLUTION AUTHORIZING CONDEIVD, IATION OF TEMPORARY EASEMENT INTERESTS REQUIRED FOR THE CONSTRUCTION OF A SIX-LANE SECTION OF VANDERBILT BEACH ROAD BETWEEN AIRPORT ROAD AND COLLIER BOULEVARD (CR-951). (CAPITAL LMPROVEMENT ELEMENT NO. 24 & 63, PROJECT NO. 63051 ). WHEREAS, the Board of County Commissioners (Board), on May 9, 2000, adopted Ordinance No. 2000-31 therein establishing the (Ninth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the desi=~a, acquisition and construction of the various capital improvement projects; and %24EREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2000-32; and WHEREAS, the six-lane section o£Vanderbilt Beach Road between Airport Road and Collier Boulevard (Project No. 63051) is one of the capital improvement projects required under the Transportation Element of the Count5% Comprehensive Plan; and WHEREAS, the six-lanmg of x, anderbih Beach Road has resulted m tt~e, redesign of the Hm~ey Canal; and '.3'1 [EREAS, the location for construction at'the proposed rc,.lesi~=m nnprovements has been fixed y survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of redesign locations, the comparative costs at' project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property tbr public purposes. NOW, THEREFOP, aE, BE I.T RESOLVED BY THE BOARD OF COUNTY COMMiSSiONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (hereinat'ter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. ANT) IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated uith the design and construction of the project, and various impacts to the environment, and*the Board finds that alter consideration of these No._ NOV 1 8 2003 pg. issues, the most feasible location for construction of the proposed improvements is collectively ~cpresented by' the legal descriptions comprising Exhibit 'A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various property interests described in Exhibit 'A," to-w~t: temporary construction easements. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. .AND [T IS FURT[tiER RESOLVED that the County staff is hereby authorized to immediately' acquire by gift, purchase or condemnation in accordance with the provismns of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exh bit "A,' attached hereto and incorporated herein. AND tT [S FLrRTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore ~t ~uill not be necessary to remove any mobile homes from the property' to be acquired. This Resolution adopted on th~s ..... :lay of 2003. aI't :r monon. DX~ IGHT E. BROCK, CLERK BO.\KD ~ )F COL NT'Y COMS. IISSI()NERS COLLIER COUNTY. FLORIDA tOM tlENNING, CHAIRMAN :\p?roved as to ['onn and legal suft'~ciency: Ellen T. Chadwcll Assis:am County Attorney AGEND~ IT, EM No._ . jO~'< NOV 18 2003 r - Z 50' 100' 200' SCALE: 1'=100' EXHIBIT, Page.,., I _ of~- E×!$T~NG NORTH ROW LINE :~o N PO.C. PARCEL _~ .~¥.~ 71 6 /, ,'..2~ REVISED 10//'5,,'33 -- REVISED PARCEL SiZE REV!BED 0g/29 Notes: t. This is not a survey. ?. Basis of bearing is the North hne of Vonderbilt Beach Rood being S B9'§§'46" Florida Slate Plane Coordinates NAD 83/g0. East Zone. 3. Subjecl ~o eas~ent~, re~e[vati~m and reslrlc[ions ol reoord. 4, [asememts ~own hereon are per pia~, unless otherwise noted. ~. ROW represents Right of Way. 6, P.O.~. represents Point of Beginning. 7. P.O.C tepresen[s Point of Comm~c~t, 1 - LINE TABLE LINE ! LENGTH BEARING .... L26 t50. O0 N00'04 '14 L2 7 65.00 NO0'0,I L_ L28 ~2.00 L29 63. OO -~00'04 L J0 67, O0 _ .._N89'55 '46 TEMPO~ ~, ~y RE$I©a -,, :J'N EASEMENT (DiJ-/,-i~ 'h,: 3 YEARS FRail ~MMENCEMENT ~ CONSTR~ EAST !/2 OF THE ~ST 1/2 OF THE EAST 1/2 OF THE SOUTH 1/2 0F THE SW I/4 OF THE SW 1/4 SECTION 31-TO. SHiP 48 26 E DESC, RIP TION: Being a :)art of the East I/2 al the West I/2 of the Eost 1/2 of the South 1/2 oi' the Southwest i/4 of the Southwest 1/4 of Section 31. Townsn[p 48 South Range 25 East, recorded in O.R. Book 2753, Pages 2329-2532 o~ the Officigl Records at Collier County, Florida, being more particularly descripted as ¢odows: Commencing at the Southwest Corner of ~he Eost ~/2 of the West ~/2 o~ the Eost ~/2 of ~he South !/2 of the Southwest 1/4 of the Soutnwest I/4 of SacHon 3~ Township 48 S~uth ~enge 26 East, Collier Count~, Florida; thence North 00'04'14" East, across the 150.00 fee[ righ[--of-woy for Vonderbiit Reach Road, to [he POINT OF BEGiNNiNG; thence cartilage along said tine North 00'04'14" Eas[ 63.00 feet; thence South 89'55'46" East 67.00 ~eet; thence South 00'04'14" West 6],00 teat to its intersection wi~h [he Norih right-of-way line at Vonderb[it Beach Road; thence North 89'55'46" West 67.00 feet to [he POINT QF ' ~[G;NNING. Containing O096~es mare or.less. ANDREW B. BECK, P.S.M. (FOR THE FIRM) FLA..LI~ NO. 6065 ~OT ;~L,D W~T,OUT ma S~O~TUa[ AND THE ORIGINAL RAISED SEAl_ OF A FLORIDA LICENSEO SUR~YOR AND YAPPER CERTIFICATE 0F AUTHORIZATION LB ~43 WilspnMiller ' ' COLLIER COUNTY DEPARTI~ENT OF TRAN~A TION ~KEYCH AND DESCRIPTION o~..~4-ooo-ooo ~ ,~ xx 11-372A AGENDA ITEM No.. .laF - NOV 18 2003 Pg. LP 0 50' 100' 200' SCALE: l"=!O0' \ EXHIBIT ,/~ ,,, Page ~ of ,--,%~ REVISED !0/14/05 - REVISED REVISED 09/29/03 Notes: t. This is not o survey. 2. Bo:tls of bearing is the North li~e of Vanderbilt Beach Rood being S 8g'5~5'46" Fiorido State Piano Coordinates NAD 83/g0, East Zone. 3. Sub,ct to easements, reservaUons and restrictions of record. ~. Easements shown nere~n or~ per plot, unless o~herwlse noted. 5. ROW represents Righ~ of Way. 6. P.O.B. r~pres~ts Poin~ of Beginning. 7. P.O.C. repres~ts Point of CommencemenL LINE TABLE LENGTH I BEARING LINELj2i ,19.00~ S00'04'14"wI :.~zI ~.ooI L~I ~9. ooI ~'o~'~'q L]51 54. O0 ~ N89'55 '4~"W] T~MPORARY DRIVEWAY RE STOP, ATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRtJCTIO~ DESCRL~ TION: Be;ns s portion of the ECS: t/2 of the Ecst ~/2 of South 1/2 of the Southwest !/4 of tne Soulnwest t/4 of Section 31, Township 48 South, Ron§e 26 Ecst, os recorded !~ O R Book 2176, Po~e 915 of the Puulic Records of Co,lief County, FtoridQ, being more portlcuterly described cs Cemmenclng st the Southeast corner of the ~/2 of the Ecs[ ~/2 of ~he S~¢th t/2 of the Southwest I/~ o¢ the Southwest ~/'4 ;n Section Township 48 South, R9nge 25 Ess[; thence North 02'~2'50" West, across the 150 feet right-of-way at Vonderbilt Beech Rood, iore d~st~nce of feet to its intersection with the Westerly riGht-of-way Hne of V~nderbilt Beach Rood; thence No~th 89'55'46" West, along the s~id Westerly I~ne o distance of 141.B4 fee[ [o the POINT OF BEGINNING; t~e~ce continue North B9'55'46" West 54.00 thence North 00"04'14'" East 49,00 feet; thence South 59'55'46" lost 54.00 feet to its inlersection with t~e West r[gh~-o~-woy line of Vonderbil[ Be~ch Road; ~hence South 00'Q4'14" West ~9.00 feet to t~e PONT 0F B~GINNING, ContQining 0.~ocres, more o[ less. ANDREW B, BECK, P.S,M. (FOR TH~ FIRM) /~//~/~ ~ (DATE S~GNEO) -N~T '/ALI0-~THOUT THE S~GNATURE AND THE ORiGiNAL RAISED SEAL OF A FLORIDA L;CENSEO SURVEYOR ANO MAPPER CERTIFICATE 07 AUTHORIZATION LB WilsdnMiller ? COLDER COUNTY I~EPART~ENT OF= T'FIA~ATION SKETCH AND DE,.~CRIPTION ~.:~ItVEI~A Y ~OR, e, ~ EA,~EA~E~IT ! c,,m~.l-ooo-ooo lc' or xx ~L~72A A~m~ru~ ITEM No. ,. NOV 1 8 2003 pg. '~ EXHIBIT N vANDERBILT BEACH ROAD J EX~STING VAR!ED ROW f RESTORATION __~SEME___NT \ / 500' T C.E,~ J 35.OO'--~ NORTHEAST i/4 OF THE NORTHEAST ,%U =LL) T A 60.91' GRAPHIC SCALE SCALE: 1"=!OO' Notes: 1. This is 'tot o survey. 2. Subject to eQsements, reserva[ions mhd reS[Fictions of record. 5. F'-osements sh.D.,vn hereon ore per plat, unless otherwise noted. 4. T.CE. = Temporary Construction Easement. 5. POC represents Point of Commencement. 6. ROW = R!ght_of_Woy 7. POEI represents Point of Beginning. TEMPORARY OONsTRUOTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTIO~ UNIT 95 P-AT BOOK 9, PAGE TOE #1 WiiscnMillei ..... 3000' OESCR,P Being o port,on of the Northeast one-quarter of !,-~ Northeast one-quarter of the Northedst one-quarter of Section 4, Township 4g South, Par'ge /6 C~s(, Collier County, Floriac; oefn:? ~nore particula~iy described as follows: ~Oeing the. Wesierly 5.00 feet of the Easterly 35.00 feet, less end except the Northerly 42.00 feet of the Northeast. I/4 of the t'iorth..e, ast I/4 of the No~'theast I/'4 sC ';action ,1- Conlaining 0.,7,8 ~::;res, ,'nore or less. ~,HDREW B BECK, PSM. (FOR THE FIRM) PLA_ uC. ~yO. 6065 %~ .7A~'D VJTHOUT THE SIGNAI~RE AN~ THE OR~(;IN~L RAISED SEAL OF A FLORIOA LICENSED SURVEYOR AND MAPPER CER'T~FiCATION OF AU~HORiZA~ON LB COL.L.IER OOUIVI-~ DE-PARTIt~ENT ' O~= 'rRAN~PORTA WON SKETCH AND DESCRIPTION rely C~UC~T~ EA~MEIVT 1L. -372 AGENDA iT/EM NOV 1 8 2003 NOT PLATTED ~ ~ 5,00'~ ~ PLAT BOOK K, PAGE TRACT TRACT 7 TEMPORARY CONSTRUCTION EASENIENT (DURATION: 3 YEARS FROM ~OMMENCEMENT OF CONSTRUC'I'IO~ Notes: 2. Subject to easements. reservoJons npd restrictions of record N -~, Ecsef~eP~s ShO,','FI hereoq ore Der p;at, smess otherwise Doted. 4 T CE. = Temporary C~ns~ructian E:Dsement. D.E. uFO page Fasemen' 1'RACY 124 GOLDEN GATE ESTATES UNIT 95 45 TRACT 5 Wiisd#Miller ...... I ...... BE!NS -~[E ',','ESEERLY 5.OO FEET, OF T} 'E EASTERLY .35 00 FEET, (_ESS ,:ND EXCEPT THE NORTHERLY AND SOUTHERLY 5Oo0 FEET OF OUTLOT "A", GOLDEN GATE ESTATES UNiT 95, ACCORDING TO THE PLAT THEREOF AS RECORDED 'q PLAT BOOK 9, PAGE 45 OF TIiE PUBLIC RECORDS OF CaLL:ER COUNTY, FLORIDA CONFAIN!NG 0.0059 ACRES, ViORE OR LESS. aNDREW ~. BECK. P.S.k4. (FOR [HE FIRM) FLA/ L:~. NO 5065 ~-2.z/~ CC;ATE UDT VAUD W)THOUT THE SIGNATURE AND THE L)R:C;~NAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND UAPPER CERT;F;CAT~ OF AUTHORIZATION L~ NOV 1 8 2003 Pg. fl lq f PLAT BOOK 4, TRACT ;2~ J~ 7~ ix T~ACT ~23 : ? T~ACT TRACT ~GOL3EN GATE ESFA?E~ PLAT ~OOK 9, P~GE 45 TRACT 5 0 I00' 200' 300' SCALE: 1": 200' EXHIBIT_/ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONST~UC'TK~ Notes: 1. ~his is not a survey. 2. Subject to easements, 'es~rvotions end restrictions of record. Der plat, unless o~herwise noted. 4. FC.£. = Temporary Cons~ruc(ion Eosement. Descript on: ~Elhig THE WESTERLY .5.00 FEET, OF THE EASTERLY .35.00 FEET, LESS AND EXCEPT THE NORTHERLY 30.00 FEET OF TRACT 122, GOLDEN GATE ESTATES UNIT 95, ACCORDING TO rile PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 45 OF THE PUBLIC RECORDS OF COLUCR COUNTY FLORIDA " CONTAINING 0.0746 ACRES, MORE 3R ;.ESS. ^NDREW B BECK, P.~-~-.M' (FOR THE F!RM) ~ (DATE STONED) j ¢ NO7 VACID WITHOtJf TI4E SIGNATURE AND THE ORIOINAC RAIS[O SEAL OF A FLORIDA ~ ~I~NSED SURVEYOR AND MAPPER ~:r~: ~NO , ~._, ~ TiFICATE OF AUTHORZATION LB ' ' &~ ' ~'~ ' ~ ~.~. r~,,,~ ~ ~~ ~ ~ j 07/2~3 ~ ~_~ ~ , ..... -~ ~ ~ o: xx ~ A('~4r~A ITEM NOV ! 8 2OO3 ~- 30 00' 30.00' TRACT ~22 EX[STiNG tOO' E,~SEME TL FOR R.O.W. --GOLDEN GATE UNIT 2 PLAT BOOK 4, PAGE 75 TRACT 7 '"R A CT 24 ~RACT 5 0 100' 200' 300' SCALE: 1"= 200' TEMPORARY OONST~UCTION EASEMENT ~T~NI: 3 YEAAS PROM ~MENGEMENT OF C~TRU~ EXHIBIT Page ,~ of-~ t. This is not a sgrve¥. 2 ~:Jbjecf. tO easements, reservations ~nd restrictions o( record. 2. Easements shown hereon are Der 3;g[, u~:e$s otherwse noted. 4. F.C.E. = lempordry Construction Ecsement. Descrption: 3E!N~ Ti~E WEb'-ER v 5 ()0 FEET, OF TilE EASTERLY 3500 FEET, LESS AND EXCEPT T~E SOUTHERLY ~O.OO FEET OF TRACT 123, GOLDEN GAlE ESTATES UNIT SS, ACCORDING TO THE PLAT THEREOF AS RECORDED ~N PLAT BOOK 9, PAGE 45 OF THE PUBLIC RECORDS OF COLLtER COUNTY; FLORIDA CONTAINING 00746 ACRES, MORE OR LESS. ANDREW B BECK, P S M (FOR THE FIRM),. F~A. uc.~o 6o~s ," NO?' VA'LID WITHOUT THE S~CNATURE AND Tt-E ORIG<NAL RAISED SEAL OF A FLORIDA LICENSED SLJRVEYOR AND MAPPER CERflFICATE OF AuTHOR;ZATiON LB #43 WtTsdnMiller o4~,~-ooo-ooo i xx o¢ xx, 1L-,?,72 AGEND~ NO.. NOV 1 8 2003 Pg. ti r- 3ooo. ~OLOEN GATE ESTATES PLAT ~00~ 4~ PAGE TRACT ~24 TRACT ~ 500' TC.E. TRACT 4 0 100' 200' 300' SCALE: 1"= 200' EX'HIBIT' TEMPORARY CONSTRUr-j'f'ION EASEMENT (OORATION: 3 YEARS FROM ~NC~J~T OF CONSTRUCTKDN) No',es: [h;s i$ not o st~rvey. 2. Subject to easements, reservctic,~s and restrictions of' record. 3 Easements sncwr, h .ov~ ore ;)er 3;ct, unless otherwis,. ,noted. 4. T.C.E. = Temporary Construction Easement. TRACT Des :riptien: BE[NC THE WESTERLY 5.00 FEET, OF THE EASTERLY 35.00 FEET, LESS AND EXCEPT THE NORTHERLY 30.00 FEET, OF TRACT 124, GOLDEN GATE ESTATES UNIT 95, ACCORDING lO THE PLAT THEREOF AS RECORDED tN PrAT BOOK 9, PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA WilsdnMil/eF ....... - CONTAINING 0.0723 ACRES, MORE OR LESS. ANDREW B, BECK; P.S.M, (FOR THE FIRM) :LA. cfC. 240, 6055 NOT VA{ID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL 0F A FLORIOA LICENSED SURVEYOR AND MAPPER CERTIFICATE OF AUTHORIZATION L9 ~45 A~ ,ENp~A .ITEM NOV 1 Il 2003 pg. TRACT 124 / ,---GOLDEN G,~TE ESTAT.ES~ i/ ° UNIT 2 PLAT BOOK 4. PAGE -RACT [2:5 500'~ AVE ", GOLDEN GAtE ESTA1ES PLAT 3OOK 9. PAGE WilsdnMiller lO0' 20o' 300' SCALE: 1"=200' TEMPOP, ARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMM~NC~_MF~T OF C~TRUCTION~ Notes: I. ibis ;s r. ot ~ survey. 2. SaOject to easements, reservotloos and res[FiCtiOnS of N -~ Ecse~:sn[s shown qereon ore 4. ~ ~. E. = Ter,~Dorory ~,o:IstrL:c Uor~ Ecsemen t.. DeSCr:Dt On: ~3EING THE WESTERLY 5.00 FEET, OF THE EAS,rERLY 3500 FEET, ;_ESS AND EXCEPT THE SOUTHERLY 30.00 FEET, OF TRACT GOLDEN 'SATE ESTATES UNIT 95, ACCORDING TO THE PLAT THEREOF AS RECORDED iN PLAT BOOK g, PACE 45 OF THE PUBL!C RECORDS OF COLLIER COUNTY, FLOR fDA CONTAINdqO '~ ? t, 07~3 ,ACRES, ,MORE OR LESS ANDREW B. BECK,' P.S.M. (FOR THE FRM) FLA./LiC./NO. 50.55 ~.~__~.~_~ ¢~-'-~I~DATE SIGNED) NOT VAi_IB WITHOUT THE SIGNATURE AND filE OR~GiHAL RAISE0 SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER CERT~F!CATE OF AUTUQR:ZATION LB TEMPORARy' CC~VgTRUCTiON EA.-qEMEf, g' xx ~_:: xx l IL. AGENDA IT. EM NOV 1 8 2003 Pg. b~ T.C.E. ~/ I~60LDEN ~ATE ESTAtES- PLAT 800K 4, PAGE 75 TRACT r26 ~1 ~ TRACT 5 PLAT BOOK 9, PAGE ~ ,,~ ~ TRACT TRACT I00' 200' 300' SCALE: 1"= 200' TEMPORARY CONSTRUCTION EASEMENT C~ (DURATION: 3 YEARS FROM MENCEMENT OF CONSTRUCTIOn) 2. ~(~c)ject LO easements, reserva~rons and res~risticns of per ' :, un,ess otherwise no[ed. 4, T.~;; E = Temporary BEINC. FHE WESTERLY .5.00 FEET, OF 7hE EASiERLY 35.00 FEET, LESS AND EXCEPT THE NORTHERLY 50.00 FEET, OF THE FOLLOWlNO DESCRJ~3ED PARCEL: TRACT 126, LESS 1HE WEST 150 FEET THEREOF, GOLDEN GATE ESTATEs UNIT 95, ACCORDING TO THE ~L~,T T}tEREOF AS RECORDED iN PLAT ~OOK g, PAGE 45 OF THE ~U~LIC RECORDS OF COLLIER COUNTY, :LORiDA Wi/sd#Miller CO'~'~TAIN;NG 0.0725 ACRES MORE o~/~s. . i' '! L .......... ,E ¢ B. BECK, P.S, k4~--~,FOR THE F~RM) NOT '¢Ab~ W~THOUT [HE S~GNAfURE AND" ~hE ORiGiNAL RAISED SE~L'O¢ A FLORIDA L~CENSED SURVEYOR AND MAPPER CERT¢g;~AT[ OF AUTHORCZATJON ~B AGI::NDA.I,TEM N°.-----~C) 0 .... NOV 1 8 2003 ~RAuT ~-o ! TRACT .~GOI.DEN 0ATE EST~TES~, ~--JOE cass SUBO~VlS~O.~ f~r~ EXHIBIT Notes: .4 0 100' SCALE: ~EX!.STiNG 60' E~-SEMENt ~-~r/-~GOLOEN GATE ESTATES-~''/ / PL*T Bo%., 200' 300' 1"= 200' l R.:', S" 2 1. lhis is not o survey. 2. Subject to easements, reservations and restrictions of record. 3. Easements shown hereon are per plat, unless otherwise noted. 4. 1 u.r_. = Temporary Constr'uc¢on Easement.. Des~rip tion: Being the Westerly 5.00 feet of the Easterly JSO0 feet, less the So~(her:y .30.00 feet of :he %l[owin9 described porcei: A port,on of Let 1, Jo¢ Criss Subdivision, occcrdirc tr'e Plat ti~ereof eccrded in i~ Book 55. pcge 89, ;}f the Pubhc Records of Collier Cour, ty, Fldrido. Contoinin9 3.0724 acres, more or TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM $c.oo' COMMENCEMENT OF CONSTRUCTION) ,'~ UM~ r 2 .,/,' ~ PLAT 800K 4, ~GE ANDREW B, BECK. P.SM. (FOR UtE FIRM) ~ 75 :L~. ~S. ~. 6365 NO~ N~.L~D ~THOUT THE SIGNATURE AND THE ORIS;NAL RAISED SEAL OF A FLORIDA _S~NS~ SURVEYOR AND MAPPER $ERTiFK?AT~ON OF AUTHORIZATION ~ ~45 OOLLJER COUNTY' D~pA/=rrMENT OF TI~ANSPORTA TiON ~K&-TOH AND DEBOFIIPTION AG~NF)A ITEM No._, __1. t"")~ NOV 18 2003 Pg. ~._.~ GOLDFN GATE ESTATES UNIT 95 ~ PLAT BOOK g, PAGE "~ ~'R ~C T ~24 PLA? BOOK ,4, PAGE 75 TRACT 5 'il TRACT 125 i I TRACT 0 100' 200' 300' SCALE:: t"= 200' TEMPORARy CONSTRUCTION EASEMENT ~OMME(I:XJRAT1ON: 3 YF_.,N:tS FROM NCEMENT OF CONSTRUC'nON) Notes: 1. Th!s is aot a survey. 2. Subject :.o easements, reservations .']nd restrictions of record. ~. ~os~ments si)own hereon are per pict, unless otherwise noted. 4. T.C.E. = Temporary CormtrucUon E~sement. Description: BEING I-FIE WESTERLY 5.30 FEET, N OF THE EASTERLY 35.00 FEET, LESS AND EXCEPT THE NQRIHERLY 30.00 FEET, OF TRAC], 128, GOLDEN GATE ESTATES gNaT 95, ACCORDING TO THE: PLAT THEREOF AS RECORDED tN PLAT BOOK 9, PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CONTAINING 0.0927 ACRES, MORE oR LESS, .................. l ~l ................. ^~OR~W .. ~c~, ~ ~x~ ~LA.~C ~0 5065 NO~ VALID '~aT~IOUT ]HE SIGNATURE AND ~ ~ THE ORIGINAL RAISED SEAL OF A FLORIDA : LICENSED SURVEYOR AND ~APPER ~ C~~R T IFIEA T E OF AU T HOR,ZATION LB ,43 ~ . AGENDA ITE-',M No.. ! 0% NOV 1 8 2003 VANDERBILT BEACH ROAD ;----3o.o----~' o oo, 200, zoo, SCALE: ~"=200' NOT 'PLATTED _ z~] ~GOLDEN GATE~E~TATFS ~ ~.oo~. ~ JAHI~I ~ 30.00' FOR RO.W. PURPOSES'~ I ~OUTLO' 30 OO'J F-- HIBIT_ TEMPOF~M:~2~ CONSTRUCTION EASEMENT TRACT 8W ! (DURATION: 3 YEARS FROM t COMMENCEMENT OF CONSTRUCTIO~ '~EXIST,NG lO0' EASEMENT TRACT 123 ~rl TRACT 6 3CLO~N GATE ESTATES PLAT ~QOK 9, PAGE 2. Subject :o e( se Y~,ents. reservoiions ':nd re:~Lr c~,ions of "egord. per ~!mt, un!ess 3tnsr,..¢ise noted. Construction Eosement. Description: B~-'";G THE EASi-ERLY 20.00 FEET OF T~E wESTERLY 5000 FEET, LESS AND ~-' ~'- ~X~.:PT NORTHERLY 6000 FEET OF 5tE FOLLOWING DESCRIBED PARCEL: [HE NORTH ~/2 OF TRACT 8W, GOLDEN GAT~ ESTATES UNI[ 2, ACCO,RD~NG TO TH~ ~' T , ~A, THEREOF AS RECORDED iN PLAT BOOK 4, PAGES 75 AND 75 OF THE PUBL:C RECORDS OF COLt_IER 'COUNTY, ;:LOR~DA CONTAINING 0.~942 ACRES, MORE ANDREW B. ~ECK. P.~)d. tFOR THE FIRM) NOff V~JD t~THOU, TNE $iGNATUR~ AND 1HE ORIC,~AL RAISED SEAL, 0F A PLORIDA LICeNSeD SURVEYOR AND MAPPER CERTIFICATE OF AUTHORIZATION LB TEMPORARy CQIq, gTRUC770N EASE/dENT o4~,~-oo0-ooo xx o~ xx 372 AGENDA ITEM NOV 1 8 2003 pg. I/2 TRACT Notes: 0 50' !00' 150' SCALE: 1"=100' t. This is not a survey. 2. Basis of Bearing is State Plane Coordinates Florida East Zone NAD 8,5/90 ~ ? 3, Subject to easements, ~ ~o reservations and restrictions of ~ 8 record. ~z ~ ~ . ~ ........ J 4. Easements shown hereon are z ~3~P~ J pe plat, unless otherwise noted. -'J , T,C.E. = Temporary J Construction Easement. -- DESCRIPTION Being o portion of the South ~/2 Tract 8W, of Golden Gate Estates Unit No. 2 os Recorded in Plat Book 4, Pages 75 and 76, of the Public Records of Collier County Florida. S J/2 TRACT 8~ Commencfng at (he Southwesterly Corner of said Tract 8W, thence N. 00'49'46"W. along the Westerly tine _~ said tract 8W, a distance of 50.00 feet to a po~nt of intersect,on with the -~ Northerly Hne of the 50.00 foot =o,,~r or ~s~w*~o: Roed~ay easement; the¢~ce N.eg'5!'I4"E. oS, fLaT "A b clang so;d Northerly Line a distance of ~z -_. ~ , 50.00 feet to the POINT OF BEGINNING; ---j ~hence ~ N.00'49'46"W, olong t'~e Eos:er ~ *~ ~ ~/ f mence N.89'10 14"E al3n t / .~GOLDEN GATE ESTATrS-~-- ~: .... -, g ne Northerly ? J"~= 2 - t_,.u~ or smd bouth 1/2 of Tract TRACT [22/ ' ~ PLA i 4, PAGE gIS(OqCe Of 2000 feet; theace S.30'49:46"E., o distance o~ 64.55 feet; tl ' LINt TABLE 1 feet; thence S.00'49'46"E., o ~L~ ~"w'~ 200.00 feet; thence N~9'lO'52"E., c Z ~ [_~~ distance of 5.00 feet; thence "~,~0¢ : --~7~%~-- S 00'49'46"E., o d~stonce of 1OO.00 feet; O, [ -- L4 SOO~46'S~ thence S 89'10'12"W., o distance of ~o~ rx ~~ I0.00 feet; thence S.00'49'46"E., o~ ~ ~~ distance of 5.85 to o point of ~ ~ 5 intersection with the Northerly fine of d 5' !- the 50.00 foot rood way easement 4- thence 5.89'31'14"W., along the Northerly ~/'/ ~ line of said 50.00' Road way easement, /' o o distance, of 20.00 /eet; ~o the POINT ~ OF BEGINNING. ~ Containing 0.2~50 acres, more ar'less ECK P b M (FOR 1}(E FIRM) 055 NOT VAnO WiTH~T~H~i(~B~TURE AND THE ORfGINAL RAISED SEAL OF A FLORID~ LICENSED SURVEYOR AND MAPPER N AGENDA No.__Cb NOV 1 8 UNPL~TTED OUTLOT T~A~T 122 TRACT / b ;/ : ]__~}-~ 60 00' W'DE ROAD 51 E Xt$ T{NG ~00' WAY EASEMENT TR,iC y ~24 !il TRACT 0 50' 100' ~50' SCALE: 1"=100' Notes: 1. This is not o survey. 2. Bas~s of Bearing is State Plane Coordinates Florida East. Zone 3. Subject to easements, reservations and restrictions of record, 4. Easements shown hereon ore per plot, unless otherwise noted. 5. T.C.E. = Temporary Construction Easement. EXHIBIT Page_L~.' DESCRIPTION Being a portion of Tract 7, of Co!den Cote Estates Unit No. 2 os Recorded in Plot 3oak 4, PJges 75 and 76. the Easterly 2000' of the WesteHy 30.30 feet, less end except the Northerly 50.00 feet cndiess <]nd except the Ecstedy 5 O0 Feet of ~odtherly .~5.~7 feet, of the WesterLy 50.00 feet of the fo;lowing described parcel. Tqe West 180 Feet of tro¢:t 7, Golden -;ate Est3tes Unt ,~o. 2. Co~]toin;ng 0.2554 Jcres, FT:O~e OF Less. TEMPORARY FlE- STRUCTION EASEMENT RATION: 3 YEARs FROM ANDREW B BECK. P S.M. (FOR THE FIRM) ~(DA TE S1CNE0) NOT 'VALID WITHOUf ~HE 0RI(i~NAL RA;S/D SEAL 0F A FLORIOA LCENSEO SURVEYOR AND MAPPER CERtiFiCATE OF AUTHORIZATION LB ~4~ A(~ENI~A I.l',E M NOV 1 8 2003 HAST 122 ,~ Z~ ],~GOLDEN GA FE ESTATES -/ UNIT 2 PLAT BOOK 4, PAGE ~_ .,zo~ ....... g~_~ !'- [ ,f--OOLOEN G,~TE2ES ~, :~'~ too GRAPHIC SCALE SCALE: 1"=100' 1. This is not o survey. 2. Su0iect to eo.'tements. reservctions ond restrictions of reCOFd, ,3. L]Qsef~e~+,s shc, wF~ hereorl ore per plot, unless Otherwise noted. 4 T.C.F.. = Temporor-y Construction Easement, Desc:istioq; 9eie ) ~ r~orticF of Frost 5, Go!den ,Sate zststes .m;t 2, os recorded ot tr,s -h~biFc :~ecords of Coil[er Ccunf,/ Frcrido, heir'9 more ;>::F~ ;: :,,,, y ]es'c;r~bed ss [he Fc:s(er, y 15.00 leer of the ~"¢e~ ...... iff c~ .... r .... feet together with the [3steriy 5.7}0 ~eet of the West.soy 50.30 feet of t~'~e South 1.4 f~ fo:et of those ands described in OR. Book 2950, Pdge 549 ::f ~e ':?'f~c~]l FecoFcs of C°r(~:r';nt~ 3,0950 ocres more or ;ess. ' c .... ~.~:I'~QRE,V¢ B. B--~C]<, P.S.M. [FOR h,E F'RM) THE OR:QNAL R~SED SEA~ O: A FLORIDA LICENSED SURVEYOR AND MAPPER CERTIFICATE OF AUTNORIZADoH tB ~ ~U~ D~PA~ o4p~4'-OoO~ooo IO~ OF .~ IL -372 NOV 1 8 2003 Pg. ~ ZXHIBIT ,'age ?/;~ of ~ GO~-DEN GATE ESTATES~// 'J ~,N T 2 GRAPHLC SCALE SCALE: I'=100' O.R. BOOK 2950. PAGE 649 No(es: 1. This is 3o[ a survey. 2. Suoject [o eosements, reservmt, ions (~nd res[fictions of record. .// 3. Eosements shown hereon ore per :~;Jt, Jnless otherwise noted. d ¢. T.C.E. = Temporary N~9* ~FI4"E .% ~escrip~o~- /~' , " ~n Pig( ~oc< -I, Psges 75 cRd 76 Westeriy 59.00 feet less the (--~ ~&,3E 547 ~ .)3 ')t; -eet Jf these ~ ~ .:]essr,bec :n O.R 5.3ok 2950 Pa~e ~,. 33.00'; '~MP~Y CONS~ ~EMENT EXISTING 60' EASEMENT'kO~ j~ ~ ~j ;RACT ;24 / Sale ES X~. ;'ES~/ AHDREW B. BECK, P.S.M. (FOR T!4E F~R'd) --LA. ;':C, z:O idE OR;G!NAL RAISED SEAL OF A F~OR~DA [,(]ENSED SURVEYOR AND MAPPER CERTiFiBATE OF AUTHORIZATION LB ,~43 G'OLL~ER C'OUN'7-Y D~PA~M~NT Wilsd. nMiller .... 0.~ TPiAN~]POr--ITAT/ON 1 N AGENDA I.T~M NOV 1 8 2003 Pg. r.~ , TRACT 60' EXHIBIT Tr'~ ACT 6 GATE ESTATES Y UNIT 2 J PLAT BOOK 4, PAGE J 75 5m AVE, NW 1 '%~EXISTNG 60, EASEJ~L[J3[Z 30.00' 4500' CRAPn~C SCALE SCALE: 1"=t00' TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM ~II~ENCEMENT OF CONSTRUCTION) !5.00' T.C.E ' / GOLD£N GATE ESTATES--~-/' .!i~T 95 PLAY BOOK 9, PAGE TR ~,L' F 24 /' 30L-DENi GATE :STATES~ / 'U,¥T 2 ~ / :~L~T BOOK 4, PAGE IRACT' ;25 ~ 1R~ICT 4 Notes: 1, This is not a survey, 2. Subject to easements, reservaLions and res:ricUons of record. .~. E]osemea[s shown ~'ereon qrfi oer piG(, un,ess othecw~se noted. 4. T.C.E. = [er~poror y ~3eing fne a~s~,.;y !5 GO feet of the Westerly 45.,30 fe.~t, !ess and excep~ the Nsrthe, ly` (he following descr bed parcel: "he ~t, es( null ,.;f ~ro(;t b~e. 5, e(:cording to the pier thereof ~ecoFded in Pool ~ook 4, pages 75 end 76 of the Pu'blic Records of CotlJer County, FJorido Conta~nin9 0.2515 ocros, more or less. ~ATE SIGHED) '40T VAlID WI-HOUT T~¢- $1(L,~^~t:RE AND THE ORIGINAL RAISED SEAl C,F A FLORIDA LICENSED SURVEYOR AND MAPPER CERTIFICATION OF AUTtIORiZATION LB ~43 O-~)L~JER COUNTY D~PARTMENT of= 7~4,<m'O!=~y OC:~?~R~ E~EMENT' 04¢.~4~0-~00 ~ or xx ~L-372 A('-c:Ni"~A ITEM NOV 1 8 003 .___Pg. .~-' GCLDEN GATE Fi aT BOOK 9, PAGE EXHIBIT N 45.00' 15.00' f C E.' GRAPH{C SCALE SCALE: !"=100' Notes: This is not o survey. 2. Subject to easements, reservations and restrictions of record. 5. Easements sh,%vn hereon ere per p,at, unless otherwise noted. ~-. T,C.E, = Temoorcry Construct'on Easemen L ,O.OO 55 03 Oescri.3 tion; ?.brg U.e Ecsteriy 'bdo feet the "/,/estefiy 45.C0 %e+ ~ess the Southerm/ 30.00 feet together with f~e Ecste~:y ~0.00 ~e~t Vves:edy 55.00 feet o ::J~;ne; )- 41391 ~st f The '¢,est !/2 of !'FaCt ,; J~:!den S,sxe Es;ores Unit 2, according to ~oK 4, pages 75 sad /5, cf Public :(ecords ~ C::;~ er !eSS. 30 O0' TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CON~]'RUCTION) , P~STATES--~/' ANDREW D. EECK, P.S.~.i. ~F,L)R ~HE FAT) '/~30LDEN 'gA ~E F-~.~C. ~0. 6065 / ;LAT BOOK 4, PAGE ~/~D~HOUT T, tE S'SN~ I,,RE AND / 75 THE CR[GINAL RA:SED SEAL C= A FLORIDA ' ,_,.~NS_D SURVEYOR A,ND '~'~P~:~ CEPTIF]CA~E OF ALJTHORIZAT;ON _D COLlieR ooutNrr'Y WilsdnMiller 0[= TRAN.,~POFIT'A TION SKETCH .AND D~$ORIPTION o4~4~0-0oo i x~ ~ xx ] IL-372 AGENDA ITI~M NOV 1 8 2003 Pg. TRACT 125 EXHIBIT TRACT 4- / GATE ESTATES~// /-~GOLDEN UNIT 2 PLAT BOOK 4. PAGE 75 30.00' --- t'~ 500' TCE' PLAT BOOK 9, PAGE ,~ ~ ,~ Description: GRAPHIC SCALE SCALE: !"=1OO' 1. This is not a s,Jrvey. 2. Subject to eesements, reservations and restrictions of record. .3. Fasement_s shown hereon ore per plat, unless otherwise noted. 4. T.C.E, = Temporary Construct. ion E,qsement. Being [De EcsLerJy ~530 feet of the WesLery 45.,30 [ertt, less the Northerly 3000 feet of tine foiiowing described ;)Il;tel: All Estates :Jn/L 2, ::c:::orciqg t:~ the P[c]t thereof rec~r:~d r~ ~h]t Book ~, pages 75, of the Public Reeord~ o~ Collier Co~'~ty, Florida. Containing 0.2173 ~x:r~:s, 'nora o," TEMPO~y CONSTRUCTI~ ~EMENT (DU~: 3 Y~ FROM ~M~EM~ ~ ~~ON) DEN ~SATE ESTAIES~/' ANDRE'W B. GECK, ~ (FOR THE FIRM) U,','T 2 FLA. LdC./tIO. 60~5 ,%Ar Boo~ 4, PAGE :'5 NOT VALID 911THOUT THE 'S,:¢N'ATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 3ERFIFICATi'ON OF AUTHOR[ZA;ION L~ IL -372 OOf._LIER u-~)UNT~ DEPAFiTM~NT OF TI~AN~3POFFA TIoN N AGENDA_ ITEM No._ tO¢m- NOV ! 8 2003 TRAC1 126 ,~ /---GOLDEN GATE ESTAiES '-'~/ ~EXISTING BO' EASEMENT TRACT :29 TRACT 3 EXHIBIT ' ~--GOLDEN GATE ESTATES UNiT 2 PLAT BOOK ~, PAGE 75 ~ 45.00' 400.00' 59.00, TRACT 2 L -; 34jS NG 60' GRAPIflC SCALE SCALE: Notes: 1. This is not o survey. 2. Subject to easements, reserve(ions and restrictions of record. 5. Easements shown hereon ore oer plot, unless otherwlse noted. 4. T C.E. = Tempo'tory COBS ;_rdc L{OR Eosernen t. Description: ~Peiqg tho Ecsf. erfy ~5.3'0 feet of the Westerly 45 O0 feet, Jess Ssumerly 30.00 feet together w;th t~e Ecstedy 5.00 ~eet of the Aester,y 50.00 feet of the NorU~er!y 400.00 feet of the S:)uthe¢~y 434,19 %et o~ the %states Unit 2, cccording to mop or Plot thereof -ecorc~d in ..~ ~oo~ , poges 7~-'6 of ,_ub c ~..ords of Comer County, , - g ~.~e29 o~res, more or e s s. TEMP~y /r-'SOLOEN 3ATE SSTATES-~// i,NDREW B. BECK, P.S M. (cOR THE FiR',i) UNIT 2 FL.A: ~C ?wa. 5055 PLAT BOOK 4. PAGE -~~(DATE SIONrD) ~= O~ OlNAL RAISED' SEAL OF A FLORiD~ 'LCENSED SURVEYOR AND MAPPER CERTiFICATiON OF OF TFf~NSf=,ORTA TiON ~K~-"FCH AND DESCRIPTION AG~n~ ITF_M No. . _ l'J'"'~C~" NOV 1 8 2003 Pg. GATE ESfAT£S~ UNI f 95 BOOK 9, EXHIBIT Page~~ ~o.oo' 30.00' 1500' T c E. 4-- 50C tOO CRAPN!C SCALE SCALE: I"=100' 'Notes: 1. rh[s ;s not a survey. 2, %uoject to easements, ,'eser,,.ot;ons and restrictions of record. 3. Ecsements shown hereon are per :;h':~, u~dess otherwise noted. 4 F.CE. = Ternparory W/lsd#Miller :qeh!q t;e ~-?steriv 15 aa feet t',e .'," s'.e'!y -~60i} Feet, Jess the ;""~[~e'~'/ !{2 '3 feet together tr,e ~sLe~/ 500 feet of the :J.~:' er / ~,t4 OD f~et, together U'e {~:st:~r,y ~ feet af the .C:.., , :2!7 43 f~:=:. Of the '~ e .'::;:r :~ :.,}0 feet of Trc]c[ ;}CC? J:r".) ;.0 tee rr~:]D or tt'e~e~f ' ~;:v~deo in P'at [~ooK 4 ,:j:x ,::} 'cS, of the ~::nr ~s or <:si,ier (}o nry Florida ',ess TEMPO~y CONsTR~Ti~ '~F_ OR,S~NAL R;%15~0 SEAL OF A ,FLORIDA -rCENS~D SURVEYOR AND MAPPER CER'~FC&h)W OF AUr.~ORiTATK)N ~ COLLIER CQU~ DEP~E~ 01= TFIANSPOFITA TiON SKETCH AND DESCRIPTION 04224-000 -000 I i XX o¢ XX ~L AGENDA ITEM NOV 18 2003 Pg. c~ '~O~SI~N'r Page ~, of -.~, . ' N {I~TION: 3 YEARSIFR(]~ ' T~A ..... uJ I ~ ~GOLDEN GA,TE ESTATES ~ · . ~, ~o ~ ~ ~ UNiT 2 GRAPHIC SCALE j~/~J ~5 GOLDEN GATE E~TATES ~ ~ ( ~ J ' UNIT 95 ~ 5/l ~' Notes: PLAT BOOK 9, PAGE~ ' TRACT f 45 ~ ~ ~ PCB 1. This is not a survey. 2. Basis of bearing is (he Westerly line of ~he 30.O0 Drainage Easemen[ SB9'3H4"W 3o.oo' ~ gCC / E being N 00'49'48" W, Florida State ?lane Coordinates NAD 83/90, East Zone. 3. Subject to easements~ reservations and restrictions of j record. F ' / ~ 4. _csernents shown nereon are per / \ plat, unless otherwise noted. ~ ~OLDEN 8AT; eSTATES) 5. T.C.E. = Temporary Construction --/ PLAT BOOK~, ~0.00' / Being a oortio~ of Tract 8, 25o0' T.C.E/ Cote Estates Unit l, os recorded · / Pint Book 4, Page 73 of the Rubric Records o[ Co',:;er Cc~nty, being more part[cui~Hy described as foiiows: Cgmmensng a[ the Northwest corner 59'31'!4" Easi ciong [ne Northerly ]ina · q89o5i,!6 ,W 25.0O' % GO ~DEN GATE z ~ I UNIT IESTA ~ ( ,r~-PLAT Bi)OK 4, PAGE ~_ ;i,,:'fih~; ruer:ce continue along ~eid ~or(perly 'Jne of soid Tract 8 Uorth 89'31'1¢" East, for a t:;stonc~ of 25.00 Feat; thence South P0'49'46" East, %r a distqnse of i56.97 feet; thence SouLh 00'28'44" 6'esi, for' a ]'stnnce of 17~.90 ;eel; ti'eeoc 'isrtn ~9'51':6" V/esL, for a ~stc:n,ze o¢ Z5.,30 feet, to ~ point on the Euste~iy ?tm of a 30.00 foot Drainage Easement; thence North 00'25'4,1" East. along said Easterly line, for a distance of 178.67 feet; thence North 00'49'46" West, along said Easterly aa, %r a distance af 156.86 feet to the POINT OF ~ECINUiNG. Contain[nD 0.!9 acres, more or lass. AhDREVl B. BECK. P.S.M. (FOR THE FIRM) ~LA. i ,;,C ,NO. 6065 NOT VzdD WITHOUT THE SIGNATURE AND THE ORIgiNAL RAISED SEAL OF A FLORIOA LICENSE[) SURVEYOR AND MAPPER CERT;FiCATE OF AU[HORIZAT;ON L~ ~4~ ~KETCH AJVD AGENI3A ITEM No.__ - NOV 1 8 2003 Pg. <:~ EXECUTIVE SUMMARY APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN COLLIER COUNTY, TEXAS. INDUSTRIES, N.V. AND COLLIER CULTURAL AND EDUCATIONAL CENTER IN REFERENCE TO CASE NO. 01-4571-CA-HDH THAT IS NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT FOR NAPLES, COLLIER COUNTY, FLORIDA. OBJECTIVE: To secure the apprOval of the Collier County Board of County Commissioners of a settlement agreement and mutual' release: (A copy of the executed agreement is attached hereto,) - CONSIDERATIONS: Collier County staff has been involved in litigation and discussions for a Developer Contribution Agreement with the owners of the Lely Development property. L,~ an effort to expedite the process, the current owner, Texas Industries and the future owner, Stock Development, LLC., have agreed to settle the litigation and proceed with the Developer Contribution Agreement. This executive summary only addresses the settlement of the litigation, The parties have agreed to dismiss their claims to the Cultural Center parcel and concede that the County owns it. The settlement provides that the County shall not hold any outdoor concerts, outdoor speeches, outdoor rallies or any other similar events on the Property. Any political rallies or speeches shall be held indoors in conformity with State and federal law. The intent of this limitation on uses is to prohibit special events that. are noise producing from occurring outdoors. The County shall be permitted to use the property as a community park with such activities as softball and soccer tournaments, a site for an office, or neighborhood park; The County shall use the property only for the purposes set forth in the PUD Ordinance 92-15 and above for a period of no less than fifteen (15) years from the date of the execution of the Settlement Agreement or the property shall be conveyed to Stock Development, I.I,C. Upon the expiration of fifteen (15) years from the date of the execution of this Settlement Agreement, all right of conveyance to Stock Development, LLC. shall cease and be of no force and affect and Collier County shall own the property herein described free and clear of any claim by Stock Development, LLC. and any successor in interest to Stock Development, LLC. FISCAL IMPACT: The settlement will end all litigation costs and ensures the County's title to the property. GROWTH MANAGEMENT IMPACT: The settlement will have the positive affect of adding some twenty additional acres into the County's land inventory and this acreage will be located within the Lely development area. ,,.- A~.NDA iiF.~ .... NOV ! 8 2003 pg. [ RECOMMENDATION: That the Collier County Board of County Commissioners authorize the Chairman of the Board of County Commissioners to execute the settlement agreement on behalf of the Board for the County. Prepared by: ~c~o~~--~ ~~- J~que~line Hubbard Robinson Assistant County Attorney Jol-{'~Dunnuck, Public Services Administrator '(7- Approved by: David C. Weigel, County~ttomey Date: Date: /o~ ?/~o..? Date: H: JHPO Executive Sununary/Texas Industries AGENDA I T F_..,~ NO. NOV ! 8 2003 pg. 2 ,~NTER SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Collier County, a political subdivision of the State of Florida and Cibolo Investments, N.V. f/k/a Texas Industries, N.V., a corporation existing under the laws of Netherlands, Antilles, (hereinafter referred to as "Cibolo"), Stock Development, LLC, a limited liability company authorized to conduct business in the State of Florida, and Collier Cultural and Educational Center, Inc., (hereinafter "Collier Cultural and Educational Center") a dissolved Florida non-profit corporation. WlTNESSETH: WHEREAS. Cibolo has filed suit against Collier County and the Collier Cultural and Educational Center in Case No.01-4571-CA-HDH; and WHEREAS, the County has filed an .Answer, Affirmative Defenses and a Counterclairn to quiet title in the County; and Collier Cultural and Educational Center has filed a general denial in connection with the property described in Exhibit "A" attached hereto, (hereinafter "the Property"); and, WHEREAS. ~ it:,c>!o, Collier Cultural and Educational Center and the County, without any of them admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any' way, whether directly or indirectly, to ownership, possession and use of the Property; and, WHEREAS, Cibolo, Collier Cultural and Educational Center and the County desire to reduce their settlement to a writing so that it shall be binding u)on them as well as their AGENDA ITE,~ NO. NOV 1 8 2003 Pg. Page 2 Settlement Agreement & Release respective owners, principals, elected officials; officers, employees, ex-employees, agents; attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. WHEREAS, Cibolo has agreed to sell the Property to Stock Development, LLC and Stock Development, LLC is a party to the settlement of the litigation referenced herein. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Cibolo. Collier Cultural and Educational Center, and the County agree as follows: 1. Cibolo, Collier Cultural and Educational Center, and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way. whether directly or indirectly, to the possession, ownership, and use of the Property for and in consideration of the following: a. Cibolo will dismiss its lawsuit in Case No. 01-4571-CA-HCH and any claims contesting or challenging the County's ownership of the Property with prejudice; b. Collier County will dismiss its Counterclaim in the above-referenced case with prejudice; c. Cibolo will execute a quit-claim deed to Collier County granting all ownership rights in the Property to the County in the form of deed attached hereto as Exhibit "B"; d. Collier Cultural and Educational Center has executed a deed dated December 15, 2000 to the County, granting any and all of its interest in the property to Collier County in the form of deed attached hereto as Exhibit "C" and the parties do not contest the validity of the deed; AGENDA ITEM NO. ~' g'-- R NOV i 8 2003 Pg. Page 3 Settlement Agreement & Release e. The County shall not hold any outdoor concerts, outdoor speeches, outdoor rallies or any other similar events on the Property. Any political rallies or speeches shall be held indoors in conformity with State and federal law. The intent of this limitation on uses is to prohibit special events that are noise producing from occurring outdoors. The County will be permitted to use the property as a community park with such activities as softball and soccer tournaments, a site for an office, or neighborhood park subject to the limitations set forth in this paragraph; f. The parties agree to the County's amendment of the PUD to permit activities listed in section e as permitted uses; g. The parties agree that the County is the undisputed owner of the property described in Exhibit "A": h. The County shall use the property described in Exhibit "A" only for the purposes set forth in the PUD Ordinance 92-15 and paragraph 2. e. above for a period of no less than fifteen (t5) years from the date of the execution of this Settlement Agreement or the property shall be conveyed to Stock Development, LLC. Upon the expiration of fifteen (15) years from the date of the execution of this Settlement Agreement, all right of conveyance to Stock Development, LLC. shall cease and be of no force and affect and Collier County shall own the property herein described free and clear of any claim by Stock Development, LLC. and any successor in interest to Stock Development, LLC . In consideration of the above and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by the County, Cibolo, and Collier Cultural and Educational Center, this Agreement and Release is hereby entered into and covers all claims relating to ownership, possession and use of the Property among the parties heret NO. NOV 1 8 2003 3 Pg. Page 4 Settlement Agreement & Release 3. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County, Cibolo, the Collier Cultural and Educational Center, on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge among themselves and each other, as well as their officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against any other of them that arise from or relate to or refer to in any way. whether directly or indirectly, the o'~mership, use and possession of the Property. 4. Cibolo. Collier Cultural and Educational Center. and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. Cibolo. Collier Cultural and Educational Center. and the County recognize and ac 'l, mowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of Cibolo, Collier Cultural and Educational Center, or the Count. 6. Cibolo, Collier Cultural and Educational Center, and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any AGENDA I TF_,,M NO. NOV I 8 2003 4 Pg. Page 5 Settlement Agreement & Release party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 7. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 8. In the event of an alleged breach of this Agreement and Release, Cibolo, Collier Cultural and Educational Center, and the County agree that all underlying causes of action or claims of Cibolo, Collier Cultural and Educational Center, and the County have been mutually cxti,guished, among and between each of them, by this Agreement and Release and that the sole remedy for breach of this A~eement and Release shall be for specific performance of its terms an¢ conditions: or for any damages arising from the breach. In this regard, Cibolo, Collier Cultural and Educational Center, and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 9. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Cibolo. the Collier Cultural and Educational Center and the County have signed and sealed this Agreement and Release as set forth below: [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] ^GENDA ITE~ NO. ~ NOV 1 8 2003 5 Pg' ~ Page 6 Settlement Agreement & Release COLLIER CULTURAL AND EDUCATIONAL CENTER, INC. (Signature) (Print~ (Print)~///1 C/'( THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN COLLIER CULTURAL AND EDUCATIONAL CENTER, CIBOLO INWESTMENTS, N.V., STOCK DEVELOPMENT, LLC AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subs ' ed by~''~ ~,~,f~' "- ' before me, this~ (/"~ day of-- '07_003. ~ . ,' _ ' ' Personally Known Signature of Notary Public or Produced Identification Commissioned Name of Nota~ PuNic (Please print, type or stamp) Type of Identification Produced My Commission expires' 6 Page 7 Settlement Agreement & Release (Print) THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN CIBOLO INVESTMENTS, N.V., COLLIER CULTURAL AND EDUCATIONAL CENTER, STOCK DEVELOPMENT, LLC AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by '--~'~,'¢ ~:~l~ ~..~,,~_~-~ , before me, this 72~ day of C o m m] ~ si o~ e--d-N~h-m-~' 6I-~lic (Please pr/nt, type or stamp) Personally Known or Produced Identification Type of Identification Produced My Commission expires: 7 NOV I 8" n Pg. __(~ Page 8 Settlement Agreement & Release STOCK DEVELOPMENT, LLC (Print) (Signatu~} (Print) THIS SETTLEMENT ~kGREEMENT AND RELEASE BETXVEEN CIBOLO INVESTMENTS, N.V., COLLIER CULTURAL AND EDUCATIONAL CENTER, STOCK DEVELOPMENT, LLC/~ . f~.[~ -- AND ((OLLIER COUNTY, FLORIDA,'AS SWORN..~ TO and subscribed by:j._k./(-~'yl'~..tL.&b/k.~, before me, this ?Q%~,Yday of Signature of Notary Public Personally Known or Produced Identification Commis~i°r~ed ~ame of NotaO-Public d (Please print, type or stamp) l OF~CI~ N~ARY fi~L DENSE MUR~ N~Y ~HC ~ATE OF ~OR~A COMM~SION NO. DDI~ MY ~MMI~ION ~P- AUG. Type of Identification Produced 8 AGENDA ITF¢~ NO. NOV pg. Page 9 Seulement Agreemen! & Release COLLIER COUNTY: ATTEST: DWIGHT E. BROCK. Clerk of Courts of Collier County, Florida By: Deputy Clerk Date: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman Date: Approved as to form and legal sufficiency: k,~ssistant Coumv Attome,, h: JH~/texas-settlement agreement & release OR: 2821 PG: 0688 AGENDA. ITEM ~'- ' 1 8 2003 This ~nslrument preparert by (and after recording should be ~elurned lo): (Space Reserved for Clerk of Court) WARRANTY DEED THIS WARRANTY DEED is made and entered into as of the __ day of , 2003, between ., a (the "Grantor"), having its principal place of business located at , and COLLIER COUNTY (the "Grantee"). Wherever used herein, the terms "Grantor" and "Grantee" shall include all of the parties to this instrument and their successors and assigns WITNESSETH: GRANTOR, for and in consideration of Ten and No/100 ($1000) Dollars and other good and valuable consideration, the receipt and sufficiency of which ~s hereby acknowledged, has granted, bargained and sold, and by these presents does hereby grant, bargain and sell to Grantee and Grantee's successors and assigns forever, the following described land s~tuate and being in Collier County, Florida (the "Property"). to wit: Legal Descnption being part of Tract "B", Lely Resort Phase Two. Plat Book 18, pages 43-45, Collier County, Florida 20 Acre Parcel (See attached Exhibit "A" Subiect to easements, restrictions and reservations of record THIS IS NOT HOMESTEAD PROPERTY TOGETHER WITH all the tenements, hereditaments and appurtena s thereunto belonging or'.Fn' anywise appertaining TO HAVE and to hold the same in fee simple forever GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby fully warrants the title to the Property; and that Grantor will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal as of the day and year first above written. Witnessed by: By: Print Name: By: Print Name: STATE OF FLORIDA ) ) ss,: COUNTY OF ) The foregoing instrument was acknowledged before me this by a on behalf of the day of He/She is personally known to me. Name: Notary Public, State of Florida My commission expires: Commission No EXHIBIT C. 2791858 OR: 2821 PG: 0686 ltlCO~l~ In OFlqCI~ [!C0~$ of CO~II~ CO~, ~ ~e~: UP DEED THIS DEED, Made this I ~lay of J~,~'~' ,2000, by and between COLL~_,R CULTURAL AND EDUCATIONAL CENTER, 12qC., f]k/a COLLIER CULTURAL CENTI:R, [NC, a Florida non-profit corporation, of the County of Collier, State o£Florida, hereinafter called Gramor, and , ~,,,~,ac aumess is: comer L~ounty L~overnment Center, Naples, Florida'34 ] 12. WITNESSETH, that the Grantor, for and in consideration &the sum of $10.00 to the Grantor in hand paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained and sold, alieaed, remised, released, transferred, conveyed, and confirmed, and by this deed does grant, bargain and sell alien, remove, release, transfer, convey, and confirm unto the Grantee, the heirs or successors and assigns of the Grantee in fee simple forever, the following described land situate in Collier County, Florida: See Legal Description attached hereto as Exhibit "A" and incorporated herein by virtue of this TOGETHER with ali the tenements, hereditaments, and appurtenances, with every privilege, fight, title, interest and estate, dower and fight of dower, reversion, remainder, and easement thereto belonging or in anywise appe:~'t~i,Sng; TO HAVE AND TO HOLD the same unto the Grantee, the heirs and assigns of the Grantee in fee simple forever. NO. NOV ! 8 2003 OR: 282i PG: 0687 IN WITNESS WHEREOF, the Grantor has signed lis name and a~ixed his seal the day and year first above written. Witness Walter James Smith, Chai STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an o/fioer duly authorized in the State and County aforesaid to take acknowledgments, personally appeare~ WALTER JAMES SMITH, as Chairman of COLLIER CULTURAL AND EDUCATIONAL CENTER, INC., f/k/a COLLIER CULTURAL CENTER, INC., a Florida non-profit corporation, personally known to me. WITNESS my hand and seal this /'~''~ day of~ _, 2000. Notary Public, State of Florida (SEt~L) This instrument prepared by: Thomas R. Brown, Esquire 2660 Airport Road South I ;aples, Florida 34112 AGE. N DA ri-EM'-'- ' ~'~ NOV I 8 2003 pg. \ OR: 2821 PG: 06 8 Legal ~ being a pa~ ~ Trac~ 'B". Lely R~ I~ T~ Plat E~ 1~, I~ All tttat ]3mt of'Tract '~' Le~y ~ Phase T~, ~ Beok.lB, pages 43. 45 ~ ~ Put3tic tham~ aleeg the norlh ~ ~ said Tract 'B" Nort~ ~1'03'4.4' Fast 819.41 feel t~ ltte Po~t of tttence ~mtinue ~ ~ ~ ~ ~ ~ T~ ~ ~ ~" ~ ~g.~ ~t toa ~~~~ ~~ 1474.~ ~~ a~ ~ ~ AGENDA ITEM NO. NOV 1 8 2003 Pg. Z 2821 PG: 0689 *** ~ AGEN NO. EXECUTIVESUMMARY APPROVAL OF RESOLUTION NO. 2003- _ WHICH AUTHORIZES THE EXPENDITURE BY THE HISPANIC AFFAIRS ADVISORY BOARD OF FUNDS IN AN AMOUNT LESS THAN $60.00 FOR A RECOGNITION PLAQUE TO BE AWARDED TO THE "HISPANIC AFFAIRSADVISORY BOARD CITIZEN OF THE YEAR". OBJECTIVE: As part of its mission to foster broader recognition and involvement of the His,aanic community in civic affairs, the Hispanic Affairs Advisory Board wishes to recogni~ze each year the outstanding person or organization who has made a significant contribution to the Hispanic community in Collier County. This year, the Hispanic Affairs Advisory Board wishes to recognize Judge Ramiro Mafia]ich for his many years of service and dedication to the Hispanic Affairs Advisory Board by awarding a plaque to Judge Mafia]ich at the December 2003 Hispanic Affairs Advisory Board meeting. CONSIDERATIONS: Pursuant to Collier County Ordinance No. 91-37, as amended, the Board of County Commissioners has the authority to approve expenditures incurred by the Hispanic Affairs Advisory Board in the performance of its duties. This year, the Hispanic Affairs Advisory BOard Would like to recognize Judge Ramiro Mafia]ich as the Hispanic Affairs Advisory Board Citizen of the Year for his years of service and dedication to the Hispanic Affairs Advisory Board as the County liaison to the Hispanic Affairs Advisory Board while employed as the Chief Assistant County Attorney. To memorialize this recognition, the Hispanic Affairs Advisory Board wishes to present Judge Mafia]ich with a recognition plaque at its December 2003 meeting. FISCAL IMPACT: The expenditures for the award will be absorbed by the County Attorney Office budget, account number 001-100510-634999. The total cost of the recognition plaque is less than $60.00. GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. There is no growth management impact RECOMMENDATION: That the Board of County Commissioners approve proposed Resolution No. 2003-~ and direct the Hispanic Affairs Advisory Board to purchase the reco. gnition plaque to be awarded to Judge Ramiro Mafialich. Michael W. Pettit, Chief Assistant County Attorney avid C. Weigel, ~ounty ,~t, tJorney DATE: DATE: ,,/, Pg. \ RESOLUTION NO. 2003 A RESOI.UTION APPROVING, AS SERVING A VALID PUBLIC PURPOSE, TltE EXPENI)ITURE OF COUNTY FUNDS FOR SPECIFIC EXPENDITURES BY THE HISPANIC AFFAIRS ADVISORY BOARI) TO AWARD A PLAQUE TO TilE "HISPANIC Al:FAIRS ADVISORY BOARD CITIZEN OF THE YEAR" WHEREAS, Collier Counly Ordinance No. 91-37, as amended, allows for the prior approval by tile Board of County Commissioners of funds reasonably incurred by Ihe Hispanic Affai~ Advisory Board in Ibe ~rformance of its functions. ~wers and duties; and WllEREAS, the Hispanic Affairs Advisory Board has determined lhat one way to promote and foster communication and underslanding between the County and the minority populmion and ~o increase civic involvement by thc l lispanic community is lo recognize each year the outstanding person or organization who has made a significant contribution to the Hispanic communily of Collier County as the "Hispanic Affairs Advisory Board Citizen of the Year" and to memorialize that award with a plaque to be presented at a Hispamc Affairs Advisory Board meeting; and WllEREAS, the Board of County Commissioners agrees thal the annual recognition of the outstanding person or organization who has made a signlficanl contribution to the Hispati,; community in Collier County is wflhin thc functions, powers and duties of ll~e tlispanic Affairs Advisory Board; and WtIEREAS, lhe Collier County Clerk of Coufls has determined the need for clahfication about the specific expenditures which the Board of County Commissioners intends to approve as se~ing a valid public pu~ose, even if the expendilures are not covered by exact expenditure categories. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The expenditure in the amounl nol to exceed $60.00 for the Hispanic Affairs Advisory Board recognition plaque for the Hispanic Affairs Advisory Board Citizen of the Year is hereby found by the Board of County Commissioners to serve a valid public pu~ose and is also hereby approved. 2. The Board of County Commissioners hereby authorizes the disbursement of funds not to exceed $60.00 to pay for said expenditure. AG~p~ (T~ NOV 1 8 2003 pg. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: As Deputy Clerk By: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: Michael W. Pemt Chi"r ~ssistan! County ,Altomey AGENDA IIEM NO. xA ('[Dh NOV 1 8 2003 Pg. -.~ EXECUTIVE SUMMARY '~'~EQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE). 3RAINAGE, 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 oi the roadway, drainage, water and sewer improvements in "Links at the Strand" 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 C~de. The County Development Services has inspected the i~[~ovements and is recommending final acceptance oi 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. NOV 1 8.2003. 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: . Houldsworth, Engineering Review Senior Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY' 3ose~. $chmi~t, or Comm~nity Dev. and Environmental SVCS. NOV 11/13/2883 14:81 ?744010 COUNTY MGR OPER_ OE PAGE 84 NOV 1 8 2OO3 11/13/2883 14:8t 7744010 COUNTY MGR OFER_ OE PAGE 85 RESOLUTION NO. 03- RESOLUTION OF THE BOARD OF COUNTY COMMI.qSION'ERS OF COLLIER COUNTY, FLOR[DA 1'0 AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DILadI~AGE. AND. WATER AND SEWER IMPROVEMENTS IN LINKS AT THE STRAND, RELEASE OF THE M~INTENANCE SECURJTY. AND ACCEPT THE MAINTENANCE I~ESPONStBFLITY FOR THE ROADWAY, DRAINAGE. Alql3 WATER AND SEWER [MPROVE, MENTS THAT ~ NOT REQUIRED TO BE MZtiNTAD,rED BY THE HOMEOWN~ERS ASSOCIATION, WHEREAS, the Board of County Commissioners of Collier Cotmty, Florida, on March 1 !t, 2000 approved the plat of Links at the Strand For recording; and WHEREAS, the Developer has constructed and maintained lhe roadway, drainage, and water and sewer improvements in accordance with ~he approved plar'~ and epccificalions and a~q required by the Land Development Cod, (Colti~ County Ordinance No. 91-102. as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WI-IEREAS, the Developer Lq requesting final 0¢ccptancc of lho roadway, drainage, and water and sewer improvements and rclcesc o[ h~s mmntenance security: and WHER. EAS, the Enginccnng Rcvm'~. Departmem of Community Development Services has inspected the roadway, drainage, and water and sewer improvemen[~, and is rcco~ending acceptance of said fac~lifics. NOW. THEREFORE. BE IT RE'SOLVED BY THE BOARD OF COUNTY COMiMISSIONrERs OF COLLIER COUNTY, FLORIDA. ~hat final acceptance is hereby granted for those roadway, drainage, and water and sewer improvement~ in Links n! Strand. and authorize the Clerk to release the maintenance security BE Fr' FURTHER RESOLVED AND ORDERED ~hat the County accept thc future maintenance arm other atlcndant costs for roadway, drainage, and water and sewer improvement~ that are not required Io be maintained By thc Links at the Strand horn,own,rs association. This Resolution adop~ecl alter motion, second and majority vote favonng same, DATE: ATTEgT: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HEN~'NING. CHAIRMAN Approved as to form and legal Patrick G. White As$ismn! Collier County Attorney NOV 1 8 211113 EXECUTIVE SUMMARY AUTHORIZATION FOR THE ENVIRONMENTAL SERVICES STAFF TO APPROVE OFF SITE RELOCATION OF GOPHER TORTOISES FOR HORSE CREEK ESTATES (FORMALLY KNOWN AS LITTLE PALM ISLAND) PRIOR TO FINAL PLAT APPROVAL OBJECTIVE: To allow the environmental consultant to relocate the gopher tortoises from the Horse Creek Estates property (previously known as Little Palm Island) prior to the BCC hearing and approving the final plat for this property. CONSIDERATION: T he Environmental Services Department staff received a request from Ray Ashton of the Aston Biodiversity Research and ]>reservation Institute for approval to relocate gopher tortoises from the Horse Creek Estates property (formerly Little Palm Island). The consultant determined that the 14 acre on site preserve would be inadequate for the tortoise population and that their long term survival depends on off site relocation to State approved recipient sites. It is also best for the tortoises to be relocated as soon as possible due to the site conditions and time of year. The applicant has obtained a relocation permit from the Florida Fish and Wildlife Conservation Commission (FFWCC) to move tortoises from this parcel to a receiving site, which will provide greater habitat and will provide assurances long-term survival of the tortoise population. The on site preserve will be managed in a way that sustains and enhances the existing rare native plant communities and allows for the continued use by gopher tortoises from contiguous gopher tortoise preserves offsite. There will be no fences or other structures that xvill block access for tortoises to use this habitat. The Final Plat ( PPL- 1003-AR-4797) w ill b e b fought b e fore t he B CC for approval b ut i t w ill probably not be heard until early next year. The property was sold after the preliminary plat was approved and new consultants were hired. Due to the length of time it has taken the applicant to obtain final approval of the final plat/construction plans, the applicant had to pursue and was granted an extension for the FFWCC relocation permit. The new property owners have presented this change to the interested parties and neighbors at a public meeting at the Conservancy approximately six months ago. They explained that it is in the best interest of the tortoise population ,') allow as many to be relocated off site as possible and the neighbors and interested parties ~,.c-'l. The final plat is identical to the approved preliminary plat; including the 14 acre upland scrub preserve. The only difference in the new proposal is that the gopher tortoise population will not be split by keeping a portion on site and relocating the remainder off site. The entire population will be relocated off site to provide the greatest opportunity for long- term survival. The only tortoises that may remain on site would be older tortoises or those that may show signs of infection. This property is straight RSF-3/ST zoning and did not require a PUD approval by the BCC. The only approval that the BCC gave to this site was for the ST zoning overlay, in July 2002. The resolution for ST-99-03 was approved by the BCC using the Preliminary subdivision plat and construction plans as supplemental site plans. 003 FISCAL IMPACT: None at this time. GROWTH MANAGEMENT IMPACT: This request is supported by the County's Growth Management Plan policy 6.1.1. and policy 7.1.1, for gopher tortoise habitat and species management. RECOMMENDATION: Staff recommends that the BCC authorize the Environmental Services Department staff to approve relocation of the gopher tortoises in accordance with the gopher tortoise management plan, which staff has already reviewed and approved, prior to the petition being presented and approved by the BCC. PREPARED BY' ~2.t~Z! .~ ~&~-ghgd~-- Date: B-~'bara S. Bur2eson, Prin~i~al Environmental Specialist Environmental Services Department REVIEWED BY: ~1~..~~/.., Date: William D. L~renz, J~., P'TE., Director, Environmental Services Department APPROVED nY:~eph~,~~ Date: ~/~?/d_~ (, pmmunity Development & Environmental Services Division A~A I'I'IEIVl NOV 18 2003. EXECUTIVE SUMMARY EXECUTE THE PARTICIPATING PARTY AGREEMENT (PPA) WITH THE FLORIDA ARCHITECTURAL PRODUCTS, INC. TO OCCUPY THE IMMOKALEE AIRPORT MANUFACTURING FACILITY II AND COMPLY WITH THE STATE OF FLORIDA SMAIJ. CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT AND APPROVE BUDGET AMENDMENTS IN THE AMOUNT OF $21,000 TO ALLOCATE FUNDING FOR LEASEHOLD IMPROVEMENTS TO ACCOMMODATE THE TENANT NEEDS. OBJECTIVE: The Board of County Commissioners (BCC) execute the Participating Party Agreement (PPA) with the Florida Architectural Products, Inc. (FAP) to occupy the Immokalee Airport Manufacturing Facility II and comply with the state of Florida small cities Community Development Block grant (CDBG) agreement. CONSIDERATIONS: On March 29, 1999, Collier County submitted an Economic Development application to the State of Florida Department of Community Affairs (DCA) for a Small Cities Community Development Block Grant (CDBG). The purpose of this grant application was to construct a manufacturing facility at the Immokalee Regional Airport. The grant agreement was executed on October 1, 1999 for $750,000. The Immokalee Manufacturing Facility was constructed in part by funds from: CDBG (the Economic Development Grant), Collier County, and USDA grant. The CDBG funded amount covered 51% of the total construction costs for the second building to expand the Immokalee Airport Manufacturing Facility. As part of the grant application requirements, a private for-profit company, Global Manufacturing Technologies, Inc. (GMT) was identified as the participating party in the application. GMT executed the Participating Party Agreement (PPA) on August 3, 1999, however GMT was not able to perform the terms of the PPA. The BCC declared GMT in default on June 24, 2003. The lack of a lease agreement with a viable participating party has resulted in the manufacturing facility standing vacant for more than one year since the Certificate of Occupancy (CO) was issued on July 30, 2002. Florida Architectural Products, Inc. (FAP), is agreeing to execute the PPA with the county and comply with the grant terms. The DCA has approved the new PPA. The current grant extension with the DCA is due to expire on March 27, 2004. Thus, the County and FAP have until March 27, 2004, to create the 22 FTE's to comply with the grant agreement terms. Staff plans to request another one-year extension of the grant to give more time to FAP to create the required jobs. - A~A rl'~.M = NOV 1 8 2003- n. / The Immokalee Manufacturing Facility II needs few leasehold improvements (new restroom configuration, office spaces & redesigning of powder-coating system). The total estimated cost of leasehold improvements is $21,000. There is $13,000 available from the old CDBG program loan repayments and the Collier County Airport Authority is requesting $8,000 from the general fund reserves. If the economic development element (job creation) of the CDBG grant is not timely fulfilled, the County will be held in non-compliance by the State of Florida Department of Community Affairs (DCA) and the County will have to pay back $35,000 for every job not created, creating a total financial exposure of $750,000 for all 22 required jobs. Additionally, under the grant agreement between the DCA and the County, any rental income generated with the CDBG funds must be submitted to the DCA monthly for the following 20 years. FISCAL IMPACT: Budget Amendments of $21,000 are necessary to pay the estimated leasehold improvements. The funding sources of the amendments are as follows: Collier County Airport Authority's request of $8,000 from the general fund reserves; and County's Financial Administration and Housing Department's request of recognizing $13,000 from the revenue carry forward of old CDBG program loan repayment. Upon the sale of any surplus equipment removed from the facility, revenues received would be used to repay the General Fund Reserves. GROWTH MANAGEMENT IMPACT: This project is consistent with the policies and objectives of the Immokalee Area Master Plan of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners execute the Participating Party Agreement (PPA) with Florida Architectural Products, Inc. and approve budget amendments of $21,000 to do leasehold improvements to meet the tenant needs. NOV 1 8 2003 SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Lei: Combs, HUD/F~Cd~ral Grants Manager li~lx~'~strTn and Housing / t ~ t,4 ~ '~ ' Date: H. Denton Baker, Director Financial Adn~inistration and Housing Mike Smykowski, Director Management & Budget ~~ Q~~'~-~'~- Date: Eugene Schmidt~Executive Director Collier County~AiV Authority //'~~,-~~ Date: / J/seph K: ScQn-itt, Admin'~strator iff(Community Development & Environmental Services Date: /0'- GSCDBG\CDBG - DCA\CDBG Economic Development Grant - Incubator Facility Immok 1999hOARTICIPATING PARTY AGREEMENT - New CompanyLEXECUTIVE SUMMARY - 11-18-03.doc NOV 1 8 2003. Collier County, Florida (hereinafter referred to as the "Recipient") Florida Architectural ProduCts, Inc. (hereinafter referred to as "Company"}. COLLIER COUNTY CONTRACT PARTICIPATING PARTY AGREEMENT THIS PARTICIPATING PARTY AGREEMENT, is entered into this day of , 2003 by and between the Board of County commissioners of and the RECITALS The Recipient was eligible for a Small Cities, Community Development Block Grant for Economic Development (CDBG-ED) from the Department of Community Affairs (hereinafter referred to as the ~DCA") State of Florida in the amount of $750,000. The purpose of this grant was to construct a manufacturing facility at an industrially zoned area known as the Immokalee Regional Airport, owned by Collier County. A written agreement between the DCA and Recipient (the "Award Agreement") specified the conditions regarding spending CDBG-ED grant funds II. The CDBG-ED Grant funding is conditioned upon the Company taking certain actions regarding development of the property nt the Immokalee Airport for purposes consistent with the grant program. III. By this Agreement the Recipient and the Company memorialize the obligations of each regarding implementation of the CDBG-ED grant to the Recipient. IN CONSIDERATION OF the foregoing recitals, and for other good end valuable consideration, the re.. ~ ~ nd sufficiency of which is hereby acknowledged, the Recipient and the Company agree as follows: The Recipient's CDBG-ED application, as revised and as submitted to DCA, dated March 26, 1999, (hereinafter the ~'Apptication") is incorporated herein by reference and made a part hereof. The term of this Participating Party Agreement shall commence on the date that it is duly executed by both parties, and shall expire on the date of the DCA's approval of administrative close-out of the Award Agreement and when all other conditions as specified by the Award Agreement and this Participating Party Agreement have been met. NOV 1 8 2003. The Company will create and satisfactorily document the creation and/or retention of at least twenty-two (22) full-time equivalent permanent net new jobs, of which twelve (12) full-time equivalent permanent net new jobs are to be made available to members of low income families as specified in the Application. If more than twenty-two (22) full-time equivalent permanent net jobs are created, fifty-one percent (51%) of those jobs shall be made available to members of low or moderate income households. These jobs shall be created and/or retained no later than March 27, 2004, which is the expiration date of the Award Agreement. Documentation regarding creation of these jobs shall be by use of the Florida Small cities CDBG Program Pre-employment Household Income Verification Form for each job created (Attachment A). The requirement for documentation of the creation and/or retention of these jobs shall be retained for a period of three (3) years following expiration of this Participating Party Agreement. i'he failure of the Company to create or cause to be created and/or retained, or to satisfactorily document the creation and/or retention of the agreed upon number of jobs made available to members of low or moderate income households, shall be a default by the Company of the Award Agreement and of this Participating Party Agreement. The Company shall provide, or cause to be provided, the amount of training to the members of low and moderate income households who are employed in the subject jobs, as such training is necessary to qualify the job holders with the skills needed retain the jobs created by this program. if requested by the Recipient, the Company shall provide the Recipient or Recipient's agents information as Recipient may reasonable require concerning conditions of the grant and the project. This Participating Party Agreement and later amendments hereto, if any, must be approved by the DCA as to form and content prior to execution. Upon approval of DCA, this Participating Party Agreement shall be immediately executed, and the Recipient shall mail a copy to the DCA. The right or approval granted to the DCA with respect to changes to this Participating Party Agreement shall survive the term of this Agreement. 2 NOV 1 ZOO3. The DCA does not assume any liability or responsibility for the accuracy or enforceability of this Participating Party Agreement through the exercise of its right of approval. Any extension of the Award Agreement pursuant to Rules 9B-43.014, of the Florida Administrative Code, shall act as an extension of this Participating Party Agreement. Failure of the Recipient to notify the Company of such an extension shall not invalidate this provision. The Company shall enter into a lease for the Immokalee Regional Airport Manufacturing Facility Phase II at a Fair Market Lease Rate through the Collier County Airport Authority. 10_ ?he Company shall be responsible for all maintenance to the Immokalee Regional Airport Manufacturing Facility Phase II, and shall secure insurance of a type and amount to be negotiated with the Recipient. At a minimum, tke Csmpany shall participate in the State of Florida's ~TAGES Program, and will hire at least one (1) permanent full-time employee who is currently seeking work through this program. The hiring of this participant must be documented in writing with the Recipient as soon after hiring as possible. 12. Company, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is acknowledged by the signing of this Agreement, covenants and agrees that it will defend, protect and save and keep, the Recipient and its agents and employees, forever harmless and indemnified against and from any and all claims, suits, actions, penalties, damages, injuries, attorneys' fees {including appeals), costs and charges imposed, for any violation by the company of any law or ordinance, whether occasioned by the neglect of company or those holding under Company or otherwise, and Company will at all times defend, protect, indemnify and save and hold Recipient harmless from all claims, suits, actions, losses, injuries, costs, attorneys' fees (including appeals), damages and/or expenses arising out of or incidental to the performance by the Company of this Agreement, and/or work performed by Company, its agents and employees, under the CDBG-ED grant. This provision also applies to any and all above-listed claims, etc., if any, brought against Recipient by 3 NOV any employee of Company, or by any sub-contractor or sub-sub- subcontractor, materiatmen, supplier, or laborer of the Company, or by any person or entity directly or indirectly employed by any of the same. IN WITNESS 'WHEREOF, the Recipient and the Company have executed this agreement as of the date first written above. ATTEST: DWIGHT E. BOARD OF COUNTY CO~MISSIONERS FOR COLLIER COUNTY, FLORIDA. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BROCK, Clerk By: TOM HENNING, Chairman By: Deputy Clerk Date: APPROVED AS TO FORM AND PATRICK G. WHITE, ASS iSTAN? 2OUNTY ATTOPNEY By: FLORIDA ARCHITECTURAL. PP-QDUC!S, I~. William C. Tucker, President WITNESSES (Two Required) PRINT NAME S I GNATURE 9 PRINT NAME Date: Date: Attachment A PRE-EMPLOYMENT HOUSEHOLD INCOME VERIFICATION FORM 2 OF JOB APPLICANT PHONE HOME ADDRESS MAILING ADDRESS NUMBER OF PERSONS LIVING AT THE ABOVE ADDRESS BASED UPON THE NUMBER OF PERSONS LIVING IN YOUR HOUSEHOLD, PLEASE STATE WHETHER THE INCOME FOR YOUR HOUSEHOLD WAS BELOW THE SPECIFIED RANGE DURING THE LAST TWELVE MONTHS. NUMBER OF PERSONS IN HOUSEHOLD INCOME RANGE FOR 2003 WAS YOUR INCOME BELOW THIS RANGE 1 $0.00 TO $39,100 Yes No 2 $0.00 TO $44,650 Yes-- No 3 $0.00 TO $50,250 Yes No 4 $0.00 TO $55,850 Yes No 5 $0.00 TO $60,300 Yes 6 $0.00 TO $64,750 Yes No- 7 $0.00 TO $69,250 Yes 8 $0.00 TO $73,700 Yes No-- Pt~se indicate the race/ethnicity of all persons who reside in the household. Please note that nic is counted separately as an ethnicity. %rq'3. i [C Black or African American -- Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and While Black/African American and White American I~dian/Ataskan Native and Black/African American 0thcr M uhi-Racial As[a:,JPacific Islander The above information is required by the federal government solely to monitor compliance with equal opportunity employment laws and will not be used for other purposes. Should a job applicant decline to disclose th~ ubove information, the employer is required to note race and ethnicity based on visual observation or surname. : affirm that the information stated on this form is true and accurately reflects the composition and income data 3f the household in which I reside. JOB APPLICANT'S SIGNATURE DATE Y~"-'~ay copy this form as needed. ~t)BG~,CDBG DCM( DBG Economic Development Grant - Incubator Facility Irmnok 1999~t:'ARTICIPATING PARTY AGREEMENT - New Cornpany~Agreernent draft 10-2 03.doc 5 NOV 18 2003. L. PARTICIPATING PARTY(S) PROPOSED NEW JOB CREATION INFORMATION NAME OF Participating Party Florida Architectural Products, Inc. 1 2 3 4 5 6 7 JOB TITLE OF TOTAL F'rE TOTAL FTE HOURLY PAY TOTAL TOTAL ANNUAL PROPOSED CREATED JOB JOBS TO BE JOBS TO RATE OR ANNUAL PAYROLL FOR HIRING DATE CREATED BE ANNUAL PAY PAYROLL JOBS TO BE MONTH/YEAR CREATED RATES FOR THIS JOB CREATED FOR FOR LMI TITLE LMI PERSONS PERSONS Wood Cutter 3 3 $17,000 $51,000 $51,000 1/04 - 12/04 Assembler 3 3 $17,000 $51,000 $51,000 1/04 - 12/04 Pre Finishers 2 0 $21,000 $42.000 1/04 - 12/04 Post Finishers I 0 $21,000 $21,000 1/04 - 12/04 Sanders 6 6 $17,000 $102,000 $102,000 1/04 - 12/04 Painters I 0 $24,000 $24,000 1/04 Stainers 2 0 $21,000 $42,000 1/04-12/04 Shipping Prep I 1 $17,000 $17,000 $17,000 1/04-12/04 Administration 1 0 S21.000 $21,000 3/04 Manager I 0 $40,000 $40,000 1/04 Officer I 0 $50,000 $50,000 1/04 AC-i~_NOA I T'E.M ' NOV 1 8 2003 EXECUTIVE SUMMARY BOARD OF COUNTY COMMISSIONERS ADOPT RESOLUTION AS RECOMMENDED BY THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY TO SUPPORT CONTINUED INCLUSION OF LOCAL-SOURCES- FIRST POLICY CONTAINED IN CHAPTER 373, FLORIDA STATUTES, AND OPPOSE ANY AMENDMENT TO FLORIDA'S WATER RESOURCE POLICY WHICH WILL ALLOW, ENCOURAGE OR PROMOTE WATER TRANSFERS FROM ONE GEOGRAPHIC AREA INTO OTHER GEOGRAPHIC AREAS OBJECTIVE: That, as recommended by the Collier County Water and Wastewater Authority, the Board of County Commissioners Board adopt the attached Resolution to express its view to preserve the existing Local-Sources-First policy as expressed in Chapter 373, Florida Statutes, and expressing the Bom'd's opposition to an initiative of the "Florida Council of 100" tb repeal or amend Florida's existing Water Resource Policy to allow, encourage or promote water transfers from one geographic area into other geographic areas. CONSIDERATIONS: The "Florida Council of 100" issued its report in September of 2003, entitled "Improving Florida's Water Supply Management Structure." In the past month several local governments, including Lee County and Citrus County, have adopted Resolutions supporting continuation of the Local-Sources-First policy, as presently expressed in Chapter 373, Florida Statutes, and to oppose that Council's initiative to amend or repeal the existing policies. The Florida Association of Counties also opposes that Council's initiative. On October 1, 2003, County Manager, Jim Mudd, received correspondence from the County Manager of Citrus County encouraging Collier County to support Citrus County in its efforts to oppose any change to the existing Local-Sources-First policy contained in Chapter 373, Florida Statutes. Mr. Mudd directed that this issue be placed on the Collier County.Water and Wastewater Agenda for review and recommendation to this Board. On October 27, 2003, the Authority discussed the issue at length and made the following observations, among many others: The Florida Council of 100 and the Water Management Task Force consists primarily of business leaders who may be placing far too much emphasis on economic development and their vested interests. The State of Florida does not have a water shortage problem; but may have, or soon will have, problems regarding geographic: distribution of water from one geographic area into other geographic areas. Florida's five (5) Water Management Districts are very capable and have long been successfully performing water management tasks in support of NOV 1 8 2003 PI. / Florida's Water Resource Policy with the cooperation of regional local governments. In view of the competent, responsible and apolitical Water Management Districts, there is no need to establish any Water Supply Commission or any other State-wide Agency that will be superior to the Water Management Districts, or to "oversee" the Districts with regard to as the Local-Sources-First policies. Establishment of a State Level Commission to oversee the five Water Management Districts may well (and in all probability will) result in a serious loss of local control to one State Agency. After discussion, the Authority formulated its recommendation to the Board to support Citrus County, Lee County, and the Florida Association of Counties in their support of continuing the existing Local-Sources-First policies and opposing any amendment to Chapter 373, Florida Statutes, that will promote water transfers from one geographic area into other geographic areas, or, most importantly, will grant such decision making powers to a single State Agency. Staffrecommends that the Board adopt the attached Resolution and deliver copies to Collier County's Legislative Delegation, the Speaker of the Florida House, the President of the Florida Senate, the Governor of Florida, the Florida League of Cities, and the Florida Association of Counties. FISCAL IMPACT: Adoption of the attached Resolution will have no fiscal impact. GROWTH MANAGEMENT IMPACT: Adoption of this Resolution will have no impact on growth management. RECOMMENDATION: That the Board of CountY Commissioners adopt the attached Resolution as reco~ed~ty Water and Wastewater Authority. Prepared by:~~ Date: D."E. "Bleu" Wallace, Director CDES Operations Reviewed by: I ffb~x_ Date:/~) r ~ ....~'..~ Thomas C. Ibalmer, /T-h ~ ~/Assistant Coun~ ty~. mey Approved by: / [~',~'-~~ Date: / J~seph K. ~hn~itt_, Administrator / / /Community Development and Environmental Services Division NOV 1 8 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EXPRESSING ITS SUPPORT FOR THE CONTINUED INCLUSION OF THE EXISTING LOCAL SOURCES FIRST POLICY EXPRESSED IN CHAPTER 373, FLORIDA STATUTES, AND EXPRESSING ITS OPPOSITION TO ANY REPEAL OF OR AMENDMENT TO FLORIDA'S WATER RESOURCE POLICIES THAT WILL ALLOW, ENCOURAGE, FACILITATE OR PROMOTE WATER TRANSFERS FROM ONE GEOGRAPHIC AREA INTO OTHER GEOGRAPHIC AREAS WHEREAS, the State of Florida's water resources are a natural resource and not, and should never be, a commodity to be sold or transferred to the highest bidder; and WHEREAS, the Board of County Commissioners of Collier County (BOARD) has long been a supporter of Florida's local sources-first-policy as currently expressed in Chapter 373, Florida Statutes; and WHEREAS, the BOARD agrees with the Florida Association of Counties' support of the fundamental principles of Florida water law that requires a showing that (1) each proposed use of water must be a reasonable and beneficial use, (2)will not interfere with any then existing legal use of water, and (3) is consistent with the public interest; and WHEREAS, the BOARD supports the Florida Association of Counties' opposition to any legislation that will shift water supply allocation fi.om a publicly regulated process to any market driven process; and WHEREAS, the BOARD supports the Florida Association of Counties' opposition to legislation that will directly or indirectly undermine the fundamental principles of Florida water law that established a right-of-use and not any right-of- ownership; and WHEREAS, on October 27, 2003, the Collier County Water and Wastewater Authority (AUTHORITY), after reviewing and discussing the September 2003 Florida Council of 100 Report entitled "Improving Florida's Water Supply Management Structure" and its potential impact upon Collier County, expressed its recommendation to this BOARD; and WHEREAS, by majority vote, the AUTHORITY recommended that the BOARD :~dopt a resolution expressing its continued support for the existing local-sources-first policies presently included in Chapter 373, Florida Statutes, and oppose any initiative to repeal or amend the current local-sources-first policies; and WHEREAS, this BOARD is aware of the Florida Council of I00 initiati~ request repeal of, or amendments to, Chapter 373, Florida Statutes, to eliminate c weaken the local-sources-first intents and purposes; and A~Nt)A tea NOV 1 8 2003 WHEREAS, the BOARD wishes to unequivocally state that such a proposal is ill considered, dangerous, and will put Florida's surface waters and aquifers at risk of irreparable damage due to irresponsible short-term gain by special interest groups and specially interested individuals attempting to protect their interests to the detriment of the public's interests; and WHEREAS, the BOARD believes that any discussion of regional transfers of water is wholly premature unless and until comprehensive, detailed and accurate minimum flows and water resource levels and capabilities have been clearly established for all of Florida's water resources. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IN REGULAR SESSION that: The Board of County Commissioners actively opposes any repeal of or amendment to Chapter 373, Florida Statutes, as it relates to the current local- sources-first policy. o The Board of County Commissioners encourages all local government entities and elected officials to express to members of the Florida Legislature their strong opposition regarding the initiative of the Florida Council of 100. 3. A true copy of this Resolution shall be provided to the: Collier County Legislative Delegation, Speaker of the Florida House, President of the Florida Senate, the Governor of Florida, the Florida League of Cities, and the Florida Association of Counties. This Resolution adopted this __ majority vote in favor of adoption. ATTEST: DWIGHT BROCK, CLERK day of November 2003, by motion, second and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk BY: TOM HENN1NG, CHAIRMAN Approved as to form and legal sufficiency: Thom~ (~. 15almer, Assistant County Attorney NOV 1 8 2003 BOARD OF COUNTY COMMISSIONERS ExEcuTIVE OFFICES 111 W Main Street - Third Floor, Inverness, Florida 34450. (352) 341-656(~ Fax (352) 341-658/4 Toll free from Citrus Springs/Dunnellon (352) 489-2120 Website: www.bocc.citrus.fl.us EOL - 03 - 134 September 2, 2003 Collier County Board of County Commissioners James Mudd, County Manager Administration Building, 3rd Fir. 3301 Tamiami Trail Naples, FL 34112 Re: Local Sources First Policy Dear Mr. Mudd: The Citrus County Board of County Commissioners during their August 26, 2003, regular session, executed a Resolution establishing the Board's support for the continued inclusion of a Local Sources First Policy as noted in Chapter 373 F.S. as well as it's opposition to any amendment to Florida's Water Resource Policy which allows, encourages or promotes water transfers. The Board strongly believes the continued retention of this policy is integral to protecting Florida's water resources and the development of long-term sustainable use without adversely impacting our unique natural resources. Therefore, Citrus County wishes to go on record that we believe the proposal made by the Florida Council of 100 is ill considered and will put Florida's surface waters and aquifers at risk of irreparable damage for irresponsible short-term gain. Citrus County 'encourages you to act against this proposal and initiate the necessary steps to support Citrus County in its' efforts as outlined in the attached Resolution. Richard Wm. Wesch, Esq. County Administrator Richard Wm. Wesch, Esq. County Administrator r~uv ~ ~ 2003 RESOLUTION NO. 03 - 177 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF CITRUS COUNTY, FLORIDA, ESTABLISHING IT'S SUPPORT FOR THE CONTINUED INCLUSION OF A LOCAL SOURCES FIRST POLICY IN CHAPTER 373 F.S. AND IT'S OPPOSITION TO ANY AMENDMENT TO FLORIDA'S WATER RESOURCE POLICY WHICH ALLOWS, ENCOURAGES OR PROMOTES WATER TRANSFERS. WHEREAS, Florida's water resources are a natural resource and not a commodity to be sold or transferred to the highest bidder; and WHEREAS, the Board of County Commissioners of Citrus Cbunty .have been staunch supporters of a State local sources first policy within Florida's Statutes; and WHEREAS, the Board of County Commissioners of Citrus County believe the continued retention of this Policy is integral to protecting Florida's water resources and the development of long-term sustainable use without adversely impacting our unique natural resources; and WHEREAS, the Board of County Commissioners of Citrus County unanimously agrees with the Florida Association of Counties' support of the fundamental principles of Florida water law which requires a showing that a proposed use of water is a reasonable, beneficial use, will not interfere with an existing legal use of water, and is consistent with the public interest; and WHEREAS, the Board of County Commissioners of Citrus County supports the Florida Association of Counties' opposition to legislation that shifts water supply allocation from a publicly regulated process to a market driven process; a~nd NOV-1 8 2003 WHEREAS, the Board of County Commissioners of Citrus County supports the Florida Association of Counties' opposition to legislation that undermines the fundamental principles of- Florida-water Law which establishes a right-of-use - not a right-of-ownership; and -. WHEREAS, the Board of County Commissioners of Citrus County have recently seen documentation which indicates the Florida Council of 100 will request repeal or modification to Chapter 373 F.S. to eliminate the local-sources-first language; and WHEREAS, the Board of County Commissioners of Citrus County wish to go on record early and unequivocally that such a proposal is ill considei'ed and will put Florida's surface waters and aquifers at risk of irreparable damage for irresponsible short-term gain by limited special interest groups; and WHEREAS, the Board of County Commissioners of Citrus County believes that any discu's'sion of regional water transfer is premature until Minimum Flows and Levels have been established for all of Florida's water resources. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Citrus County, Florida, in regular session this 26 day of August 2003, as follows: The Board of County Commissioners actively oppose any modific_~ti0n to Chapter 373'F.S. as it relates to the current local sources first policy and The Board of County Commissioners encourages all local government and elected officials to voice their opposition to their state elected officials and 1. Resolution shall be signed by the Chairman of the Board, and attested by the Clerk of the Board. The Clerk of the Board is hereby directed to forward Resolution to: the Citrus County Legislative delegation; 2 copies of this NOV 1 8 2003 the House; President of the Senate; the Governor of the State of Florida; the County Commission of each of Florida's counties; the Withlacoochee Regional Water Supply Authority; the Withlacoochee Regional Planning Council and each of its members; the Florida League of Cities; and the Florida Association of Counties. . · BOARD oF COUNTY COMMISSIONERS OF CITRUS COUNTY, FLORIDA G~,~'~ BARTE~L, 1st VICE CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: C O:D NTY~,A'],FO RN EY__ ........................ 3 NOV 1 8 2003 Improving Florida's Water Supply Management Structure A R~m ~ Fk~ Co~ of 100 TABLE OF CONTENTS 3 Letters From the Chairman of the Florida Council of 100 Al Hoffman and Task Force Chairman Lee Arnold 4 INTRODUCTION: THE CURRENT WATER SITUATION 7 12 16 CHAPTER I: WHY FLORIDA NEEDS TO BE CONCERNED ABOUT WATER CHAPTER 2: IT'S TIME TO REEVALUATE FLORIDA, S WATER GOVERNANCE STRUCTURE CHAPTER 3: WHY THE SCIENCE AND TECHNOLOGY OF WATER NEEDS IMPROVEMENT 17 CHAPTER 4: HOW PARTNERSHIPS CAN HELP ADDRESS THE STATE'S WATER STORAGE AND DISTRIBUTION PROBLEM 19 CHAPTER '.; FINDINGS ~I~ID RECOMMENDATIONS FOR IMPROVING WATER SUPPLY MANAGEMENT IN FLORIDA SUMMARY APPENDICES I. About the Water Management Districts II. Chronology III. Glossary of Water Terms IV. Research Sources About the Florid~ Council of 100 Formed in 1961 at the request of Governor Bryant, The Florida Council of 100 exists to promote the economic growth of Florida and to improve the eco- nomic well-being and quality of life of its citizens. It is a private, non-profit. non-partisan association whose members represent a cross-section of key business leaders in Florida. The Council was the first of its kind in the United States and works in close harmony with the Governor, the Chief Justice, and the Legislature, as well as with other private organizations to achieve its goals for all the people of Florida. The Council has other task forces and working groups on issues related to K-20 education, Front Porch Florida, and tort reform. The Water Management Task Force was established in the spring of 2002 to recommend state.ride water management policies and recommendations that foster sustainable and environ- mentally sound water supplies and resources that are economically feasible to meet current and future Florida needs. Produced & desi.~ned by Russ K~.~mer Creative, Inc., Tampa. Printed by Rinaidi Printing, Tampa. John Baker ~ Bame~ Hu~ ~ N~ D~ F~I~ ~ ~ ~de~ B~ F~ L~ ~n~ D~ ~ Jim ~ B~ ~ L~ V~o Task Force l~lembers Ch~ir~ & CEO, Hubbard Con~-uction Dire~or. Coilins Center for Public Poticy Chakma~ & CEO, Arn~d CEO, Austin Company President & CIO, Florida ROCk Indu~trie~ Chairman & CEO, St. Pete T'm~es President & CEO, President, The Butlard Group Publisher, Florae-Times Unm~ President & CEO, ITC and Related Companies Chairman, PlcArthur I~ana&ement Company President & CEO, Walter Irtdustries President & CEO, A Duda & Sons Chairman, PGA Resor~ Company President, Chairman & CEO, TECO Ener~, Chairman & CEO, Florida Crystals Corporad(m President & CEO, Frederick Enterprises President & CEO, Sunkist Growers Presidem & CEO, The Graham Company Chairman & President, Be~ Hill Griffin Chairman & CEO, ~ Villa~s President & CEO, Bob Ploss & A~ciazes Chairman & CEO, lqFPI Immstmen~ President, Rin~,ha~ Equipment President. Sharp,on. Brunson & Company Panner, Smith and Ballad, PA President & COO. UniroyaJ Technology President & CEO. Wcellio & Gro~n Acknowledgements The task force would like to acknowledge a number of water advisors who lent their time and expertise to this effort_ Jim Garner and Cathy Vogel of Squire, Sanders, & Dempsey, PA spent many hours educating us about the current water management system and other issues related to water. Renu Khator, Interim Provost at USF pro- vided water policy assistance in the early stages of our effort_ Tom FlacVicar, President of HacVicar, Federico, & Lamb, Inc; Wally Milon, Professor at the Department of Economics at UCF; Tom Missimer, Ph.D at CDH I~lissirne~, Pete Dunbar, Attorney at Pennir~ton, Moore, Wilkinson, ~ell and Dunbar;, Jake Varn, Attorney at Fowler White; Eric Olsen, Attorney at Hopping, Green and Sams; and Doug Hanson, Attorney at Carey, O'Halley, Whitaker & Planson offered their perspectives and expertise in various areas of our study. They all helped shape the debate. Steve Seibert, Attorney & Mediator with Seibert Law Firm brought his Tampa Bay water wars legacy and prior state level experience to the discussion, which was invaluable. We also spoke with most of the Chairmen and all r~e of the Executive Directors of the water management dis- ~icts, and we appreciate their insights on their dis- triers and planning for the future. Jerry Maxwell, General ~anager of Tampa Bay Water provided much needed assistance throughout our study. And of course, we could not have conducted our research without the help of Secretary David Struhs and the Florida Department of Environmental Protection staff and documents. We also spoke with Rick Harella at the US Geological Survey who pro. vided assistance in our gathering and understandin~ of current and projected Florida water data and sta- tistics. Finally, the task force thanks the Council of 100 Executive Director, Charlie Ohlinger and Issues Director, Kathy Low,/, for their hard work and dedi- cation in pulling together all ~ and information for the final 'l~e NOV 1 8 2003. Dear Governor Bush, President of the Senate King, and Speaker of the House Byrd: From ~he Chairman of the Since its inception in 1961, The Florida Council of 100 has worked with governors md legislatures to help improve the quality of life and the economic well- being of the people of Florida. Over the years, we've offered our thoughts on several public policy issues, including edu- cation, judicial administration, constitutional amendments, and civil service. Many of our ideas have been implement- ed, and resulted in improvements for all Floridians. Our latest issue is water management, specifically man- agement of the supply of water. We know that effective water management is absolutely essential to sustain our unique environment that we're all so fond of, while also accommodating the continuing growth of industry and peo- Florida Council of 100: ple which demographers tell us to expect. We've researched this issue, and have drawn the conclusion that some improvements must be made to meet the water needs of the 21 st century. This report, then, explains the current and forecasted water situation, and proposes some recommendations to improve water management at the state level, which the Cotuxcil believes, will improve the water supply for all Floridians. Chairman, The Florida Council of 100 (CEO, WCI Communities) From the Chairman of the Council Our task force was formed over a year ago to address Florida's water supply from a statewide perspective. Our mission was agreed early on, and guided us through our efforts: · Recommend statewide water management policies... · that foster susta/nable and environmentally sound uuter supplies and resources... · that are economically feasible to meet current a~qd future Fkn'ida needs. The mission begins with a steadfast requirement of environmentally sound policies only. Any water supply policy or methodology that is advanced at the expense of our fragile environment should be rejected. Throughout the report, references are made to planning and implementation that is environmentally sound. We make all of our recom- mendations with this '~c~ ~,rc.~r~,~'at first" premise in the fore- front of our thinking at;d exl- :orations. We believe it is in the best interest of Florida's environment to stress accounta- bility in water supply planning and development. We have been all over the state meeting with state and water management district leaders learning about Florida's public policy and the variances among water management districts. We've reviewed the key concerns that we heard in our travels at the state, regional, and local levels regarding water resources in Florida. We have researched the avail- able water science and data, examined Florida's statutes, sur- veyed our members and key state and local water manage- ment players, and conducted interviews with several water Water Management Task Force: experts. We have analyzed the recent history of water man- agement in Florida, as well as other v,"ater management structures in the United States. Fr:,a~ ~hhis research and analysis, the task force has con- cluded that Florida needs to refocus its water management efforts to meet the projected increasing demands of our state. Our focus has been to pr~ sound water policy that protects the environment, while at the same time, enhances economic development and growth that has been forecasted. Policy decisions should not be at the expense of either one of these important and beneficial aspects of our wonderful state. We urge you to read.this report closely, and trust you will agree with our conclusions, or at the least agree that now is the time to address the issue from a statewide per- spective. Much has been done, but much more remains to be done. Every resident and visitor, now and in the future, is dependent upon those now in charge to take bold action to assure an adequate water supply. The result will be better long-term management of Florida's water resources, greater consistency among the five water management districts, and economically feasible water supplies that meet Florida's cur- rent and future needs. The time is now for improving how water is managed in Florida. Lee Arno/d Chairman, Water Management Task Force (Chairman & CEO, Colliers Arnold/Arnold Companies) AGENDA ITeM NOV 1 8 2003. Improving Florida's Water Supply Management Structure A RO~t fi.'f~m the F!r,'~Sda C;{~uncil c4fi ~,tX3 INTRODUCTION: THE CURRENT WATER SITUATION For everyone around the world, water is a critical resource for all aspects of daily life for people to live, for countries to grow and develop, and for our environment to survive. Water supply has become a global issue, an issue that the United States must address, and an issue that Florida must address. Roughly 80 percent of the Earth's surface is water, but only one percent is drinkable, i.e. fresh water. According to the CIA Global 'Trends report, by 2015, nearly half the world's population - more than three billion people - will live in countries that are "water stressed," meaning they have less than 126 gallons per day per capita for consumption (As a point of comparison, Floridians consume 169 gallons per day per capita ' JS Geological Survey). The United Nations estimates that 2.7 billion people will face severe ~ter shortages by 2025 if consumption continues at cur- rent rates. Equally concerning, the World Health Organization estimates that by 2025, the demand for fresh water is expected to rise by 56 percent more than is currently available. According to a recent US General Accounting Office (GAO) report, groundwater depletion is occurring across the United States. American farmers are withdrawing water from the Ogallala aquifer, which underlies the Great Plains, at an unsustainable rate, with a third of the Texas por- tion already significantly depleted (National Geographic, 2002). In 2002, the federal government threatened to cut the amount of water California could draw from the Colorado River unless the state developed a conservation plan by the end of 2002. California had been drawing 20 percent more water from the Colorado River than it was entitled to. It shares the Colorado River with six other states.. And according to Colorado Attorney General Ken Salazar, a water law expert, where a drought has Lake Mead on the Colorado River at two-thirds of its capacity, "the people of Nevada should be concerned and alarmed about running out of water...the situation we have in Colorado is a disaster-emergency." (Reno Gazette-Journal, October 2002). year, in order to meet this expected increased demand, Florida will need 9.1 billior @ Florida, on the other hand, is blessed with an abundance of rainfall and great aquifers. We do not have water supply problems anywhere close to the magnitude facing rapidly growing western states and other countries. However, the Florida Department of Environmental Protection (DEP) estimates that by 2020, Florida's population is expected to increase 25 percent from 15.9 million residents today to about 21.8 million residents. Even though Florida averages 54 inches of rain per --All .....£ t' NOV 1 {~ 2003- Improving Florida's Water Supply Management Structure /~. Rc'~.~rt fr,,m r'r¢ F ~,wida Coumc/~ q!' water per day (bgd), a 26.4 percent increase from today, as shown in Figure 1. Figure 1 Florida's growi.g Fresh Water Needs 2O 1995 2020 Pcojected As the demand continues to increase, water supply needs are already exceeding in capacity in some areas of the state. There are areas throughout Florida where water resources are stressed - particularly fresh groundwater - and forecasted growth and demand must be addressed by the development of additional water supplies. To date, the responsibility for water supply has been fragmented among regional agencies and local govern- ments. While local governments have traditionally been the entities responsible for providing water supply, the problems that have developed in Florida are regional in nature - and rapidly becoming statewide - and may soon be beyond the scope of local resolution at reasonable cost. In fact, some areas of the state are being proactive in address- ing regional water shortages. For example, in Volusia County, in northeast Florida, the Volusian Water Alliance was established in 1996 to plan for future water supply needs. Over a seven year period, this intergovernmental planning body worked hard to address water shortages in the coun- ty, and just recently created the Water Authority of Volusia to resolve their water needs. South Horida consumes 50 percent of the fresh water used in Florida. Current demands for public water supplies in this region are greater than demands for public supplies in 39 individual states (DEP). The Everglades Comprehensive Everglades Restoration Plan (CERP) includes expansion of water supplies to restore the environment and partially meet the needs of a growing population. CERP plans to build 18 reservoirs among many innovative alternative water supplies. And finally, many are familiar with the water conflicts of the 1980's and 1990's in the Tampa Bay area. A regional utility, Tampa Bay Water, was established in 1998 to act as a water wholesaler/supplier to solve the water conflicts that dominated the Tampa Bay area. The utility, still the only one of its kind in Florida, is constructing major capability to provide water to mem- ber utilities. Clearly, water supply is an issue that we must confront today and plan for the future. The time is now for Florida, like other states and countries around the world, to plan for population growth, coupled with an increase in fresh water demand, so that our fragile environment will be forever sustained. The Florida Council of 100, an organization of chief executives from leading Florida compa- nies, created a task force to study water management issues and problems in Florida. The task force has conducted research, examined Florida's statutes, surveyed our members and key state and local water management players to obtain feedback about Florida's water management structure, -' DL A I t JNOV 1 8 2003 Improving Florida's Water Supply Management Structure A Ret?o~ frc,..~ d~c H,',~qda Council of tOO and Texas, and conducted interviews with water experts around the state. We have analyzed the history of water management in Florida since 1972 and visited each of the five water management districts and met with each Executive Director. From this research and analysis, the task force has concluded that Florida needs to refocus its management of water supply efforts to sustain our envi- ronment and meet forecasted population growth demands. Ninety-eight percent of our survey respondents think Florida is facing long-term water supply/distribution challenges. This document outlines our conclusions and recommendations. It is organized around several key facts: · The environment must be protected in all supply planning, science and governance decisions. * Unlike water stressed states like Arizona and California, Florida receives an abundance of rainfall, averaging 54 _hes per year. · Fresh water demands will increase from 7.2 bgd to 9. I bgd by 2020. · Management of Florida's water resources is decentralized to five water management districts, with general supervisory oversight by the DER · Districts prepare regional water supply plans for areas of concern; theplans provide a list of possible water projects and costs, but leave vast uncertainty in time-phasing and funding. · Cooperative efforts among environmentalists, users, and capital providers have been proven effective in many areas. NOV ,.idl 8 2003 Improving Florida's Water Supply Management Structure A RO~rl 1~'('~ ri'.~ l"!orb_'la C~,~:~.~'~ 4 t00 CHAPTER 1: WHY FLORIDA NEEDS TO BE CONCERNED ABOUT WATER "Florida is surrounded and saturated by water. Water pulses through its labyrinth of wa~r ways and spills excess from both its coasts." - Water Wars, Diane Raines Ward, 2002 lorida's lifeblood is its water. Florida is home to 7,800 freshwa- ter lakes, including Lake Okeechobee, the second largest lake located entirely within the United States. Florida also has more than three million acres of wetlands; 27 first magnitude springs (where flows exceed 100 cubic feet per sec- ond); about 600 springs; 50,000 miles of rivers and streams; and 1,197 miles of ~oastline (Vogel, 2002). Florida receives, on average, 54 inches of rain per year. UnfortunateS, y, the rain is not evenly dis- tributed across the state. For example, more rain falls in northwestern Florida than in the Orlando area, where water demands are higher. Additionally, accord- ing to the Florida Water Atlas, about 39 inches of rain evaporates, and another eight inches runs off into lakes, rivers, wet- lands or the ocean, leaving about seven inches to percolate the aquifer. Only Louisiana receives more rain than Florida, as evident in Figure 2. Florida is almost entirely underlain by porous rock formations known as aquifers that store and transport water, most of which comes from rainfall. The Floridan Aquifer underlies virtually the entire state and is the source of water for most of north and central Florida (Figure 3). In the southeast region of the state, the Floridan dips to great depths and becomes brackish. Figure 2 Average Annual Rainfall, 2000 (I, Figure 3 Sequence of Aquifer Systems in the Southeast Floridan Aquifer System NOV 18 2003. Improving Florida's Water Supply Management Structure A Repo~ l:com tl~ F~:'ida Coun~ c'f IL~ Total Fresh Water Widthdrawals by Source, 1995 Total: ?~2 lSiition Gallons Daily 9O% 8O% 70%; 60% so% i 40% ! 30% So, water users in southern Palm Beach, Broward and Miami-Dade Counties rely on the Biscayne Aquifer, which is the only source of potable groundwater for the nearly 3.5 million inhabitants in the region. A third aquifer system, known as the Sand & Gravel Aquifer, serves the western stretch of the Panhandle. Florida has more avail- able groundwater in aquifers than any other state (Purdum 2002). With all of this surface water (lakes and rivers) and groundwater (aquifers) in the state, how can Florida be concerned about water sup- ply? An examination of current water demand is a first step in addressing this question. Current Florida Water Withdrawals other I0 percent of the population depends on surface water. When agriculture, recre production and industry are factored in, withdrawals total 7.2 bgd as shown in Figure The Floridan Aquifer is one of the world's most prolific sources of fresh groundwater. Consequently, our state is the largest user of groundwater east of the Mississippi River, and ranked fifth in the Nation in groundwater withdrawals in 1995. Furthermore, 90 percent of Florida's population depends on groundwater for drinking water; the on, power As previously mentioned, the state draws most of its supply from the Floridan Aquifer. Population growth, drained wetlands, farming, and cyclical drought have taxed supply, except in lower populated north Florida. As documented by Tom Missimer, Ph.D, CDM Missimer, several areas of Florida within the Floridan Aquifer system have reached unacceptably low, seasonal levels (acceptable is defined as water lev- els that do not create environmental or other impacts that either damage *._he aquifer system or cause harm to the environment or sur- face infrastructure). Some of these regions include the northern Tampa Bay region into coastal Pasco and Hemando counties, some areas of northwest Florida, and some coastal areas of northeast Florida. He~nce, Missimer forecasts that "with the proiected future water use for the next 20 to 50 years, the Floridan Aquifer System in these areas will not be a viable source of water supply, if the water levels are going to remain at acceptable levels." We can no longer assume that the Floridan Aquifer contains an infinite amount of water for all regions that will never be exhausted. In terms of actual consumption of fresh water, 45 percent is used by agriculture, as depicted in Figure 5. According to the Florida Department of Environmental Protection Fibre 5 Florida Water Usage Total: 7.2 Billion Gallons Daily 4% } Se~-SUpplied NOV 1 8 2003. Improving Florida's Water Supply Management Structure A R,:~,n fro,, ~;~e ~:!,,~Sd~ G,unci/of (DEP) projections, by 2020, Horida's population is expected to increase 25 percent from 15.9 million residents today to approximately 21.8 million residents. To meet water demands for this population increase, Florida will need 9.1 billion gallons of water per day, a 26.4 percent increase from today. Will Florida be able to meet this projected water demand? Water Withdrawals: Florida Water Management Districts Water withdrawal data in Florida is collect- ed at the federal, state and local levels. In Florida, the state is divided among five water Northwes~ ,,, .. - [qorida Water ' Management Suwannee -. District River W~ter ' ' Management District Figure 6 Florida's Five Water Management Districts St. johns River VV~ater Management District Southwest Florida Water Management District management districts that are based on river watershed boundaries, as evident in Figure 6 (a more detailed description of Florida's governance structure is depicted in Chapter 2). These districts track and provide water data that is critical for forecasting projected water demand and needs. As previously mentioned, it is evident that the state's population and water demand will increase by 2020. It is important to examine Florida's five water management districts individual- ly since the state is so hydrologically diverse. Although there are many hydro- logical, governance, and funding variances, the primary difference of key con- cern is the total demand of water. In total demand, the South Florida Water Management District (SFWMD) consumes about half of all fresh water consumed in Florida~not surprising given the agriculture and population needs. In considering the total fresh water demand, the type of water demanded, ground (aquifers) and surface (lakes and rivers) also varies from district to district, as shown in Figure 7. Figure 7 Water Withc~rawi~: by Category and District, 1995 (In Millions of Gallons Daily) ~ Fresh Ground Water :: ~- Fresh Surface Water SRWMD NWFWMD SJRWMD t SWFWMD SFWMD NOV 1 8 2003. Improving Florida's Water Supply Management Structure A Report from tl~e Fb.~a Counts/Of IOO Figure 8 The Freshwater Demand Trend Fresh Ground 2 Surface Water I Fibre 9 Summary of Freshwater Demand Projections, ! 995-2020 Overall, forecasts for 2020 show that agriculture, domestic self- supply, and industry/commercial/electric demand will stay about the same or be reduced; public supply and recreation will increase in all of the water management districts. Of interest, the demand increases over the last 30 years have been in groundwater, while surface water has remained relatively constant (Figure 8). As Floridians in water stressed areas can relate, it is the increased use of groundwater that impacts lake and wetland water levels, and thus our total environment. As evident in the projections of flesh ground and surface demand in Figure 9, and according to DEP estimates, water demand will increase in all five water management districts by 2020. Today, about half of the water withdrawals are in the SFWMD, and as might be expected, about half of the (}n BiJJians of Gallons per Day) 1995 SFWMD 2O20 the purposes indicated in Figure 10. increasing need for fresh water. forecasted growth will be in SFWMD as well. For a more detailed summa- ry of each water management district projections, please see Appendix I. It is obvious that Florida will need to increase its supply of fresh water in order to meet future demand. In some water stressed areas of the state, water conservation and reuse initia- tives are not adequately addressing this problem. Only 402 million gallons/day (mgd) of reclaimed water is used for Increased use of reclaimed water will directly reduce the Not using reclaimed water causes overreliance on existing ground and surface water. The state has advocated the use of conservation policies to address water shortages and efforts are underway throughout the state to conserve and reuse water. In 2001, the state launched tl ~ C~=~ ~ NOV ZO0 Improving Florida's Water Supply Management Structure Water Conservation Initiative to find ways to improve efficiency in all categories of water use. Its report pub- lished in April 2002 evaluated how Floridians use water and what can be done to make significant permanent, cost-effective improvements in water use efficiency. It is evident that the state has made good progress in addressing water supply needs, such as the agreement between Miami-Dade County and DEP in July 2003 to increase its treatment level of wastewater among other initiatives, or the acceleration of water supplies in west- ern Palm Beach County to develop over 900 acres of rock pit reservoirs. Some would argue that Florida is not facing a water crisis if we average 54 inches of rain a year and are implementing alternative water supplies in some areas around the state. However, some parts of the state are experiencing water shortages and conservation efforts are in place to address them. According to a recent GAO report, published in July 2003, water managers m Florida expect local shortages of freshwater in the next Fi~r~ 10 Reclaimed Water Utilization in Florida, 1996 · 402 Million Gallons Daily Pubik: Areas/ Landscaping 40% Agricultural Irrt~ation 2~% Groundv~ter Recharge 21% Industrial Use 13% Wedands 2% Other 1% decade. Some residents are incensed and think a building moratorium is the way to go, as one res- ident commented, "Absolutely justified! Look at the hundreds of houses being built on U.S. 301...and then have the guts to tell me I can't water my little yard!" (Tampa Tribune, July 2002). While Florida may not be a drought climate state like Arizona, which averages only 13 inches of rain per year, there are areas around the state where water resources are stressed and will become more so. We conclude that Florida must and can do more to use water efficiently. This situation will only worsen if it is not addressed quickly. AGENDA riTIM NOV 1 8 2003. Improving Florida's Water Supply Management Structure CHAPTER 2: IT'S TIME TO REEVALUATE FLORIDA'S WATER GOVERNANCE STRUCTURE Florida's Water Management Structure ~q~,e h, lstory of Florida's current ,w, ater management structure dates back to 1972, often called the Year of the Environment, with the passage of the 1972 Florida Water Resources Act, CChapter 373. This act was based on the 1972 Model Water Code, promulgated by Dean Frank Maloney, at the University of Florida. As a result of one of the worst droughts on record in Florida, a broader statewide approach was needed to protect water resources and restore degraded areas. The 1972 Water Resources Act enacted a new water law for the state. It also established five water management districts based on river ~vatershed boundaries (not aquifer boundaries), as seen in Figure 6. These districts are managed by individual boards of governors and have the authority to regulate, manage, permit, and tax. According to the law, water is a resource of the state--it is held in trust by the state for the people of Florida. Water is allocated by a permit sys- tem administered by the water management districts for up to 50 years, although in practice, most permits are for 10-20 years. While the Water Resources Act embodied most of the Water Code, there were some omissions and changes. One of the primary omissions was the proposed creation of a state water board, a state entity that would oversee the water management districts and have authority over water sup- ply and quality issues. Instead, the Act gave the Department of Natural Resources (now the Department of Environmental Protection) "general supervisory authority" over the water manage- ment districts and directed the Department to delegate water resources programs to them where possible. The/dea of a state water board was determined not to be necessary at that time. We have reviewed other state water boards, such as the Hawaii Commission on Water Resources Management, the California State Water Resources Control Board, and the Texas Water Development Board, to see how other states manage their water resources and see many dif- ferences. Florida's current state organizational structure is depicted in Figure 11. We have concluded that the current situation is different now in Florida. The governance structure that was implemented in Florida in 1972, when the population was half of what it is now, may not be as effective for the 21st century. The 1972 statute did not clearly define "general supervisory powers," resulting in non-standard- ized processes for managing water resources across the state. This has led to slowt lnc2e~rl~ NOV 1 8 2003 Improving Florida's Water Supply Management Structure ,4 i~e!x~ J'r~,m tJ~ Fl,)ffda C,~uncil of Figure I I DEP Organizational Structure authority and responsibility for the water management districts, whose mission and role have changed dramatically since 1972 (see list of district responsibilities, next page). Water management districts are responsible for water supply pIanning and also for the regula- tion of the consumptive use of water. This dual responsibility creates an inherent conflict in their mission. Local and regional governments are and should remain responsible for water supply development and operation. Local governments have been responsible for providing water supply; however, many of the problems that have developed are regional in nature and difficult for local resolution. Funding traditional and alternative supplies is a huge challenge for local and regional governments. Planning must address funding sources to guarantee desired results and protect our environment. However, at the state level, there is no singularly focused advocate for water supply. Unfortunately, today's decentralized and fragmented governance structure system has not a('oided regional water shortages. Florida's approach to water supply has traditionally been crisis driven, which often results in negative environmental impacts, economic losses, litigation and pro- posals for moratoria on growth and development. For example, near Orlando, groundwater levels have dropped 25 feet in some places. Titusville, in the St. John's River Water Management District, claims that by 2010, it will not have enough water to meet its estimated population growth. (Flor/da Waters, 2002). Furthermore, the lack of a sense of urgency and acknowledgement that Florida has water stressed areas, and the absence of a singularly focused advocate for water supply, have resulted in concern about detrimental impacts to our all important environment, as well as our economic development. These factors have further inhibited technological innovation and private sector involvement to increase water supply. Water Management Law--"Local Sources First" Florida water law currently provides for long-distance transfer of water acros. NOV 1 8 ?.003 Improving Florida's Water Supply Management Structure A f~ from '~ Fbri& Co~mc~ of J'~V YVater ~qanagement District Responsibilities · Regulates water supplies and water quality · Allocates water for consumptive use by industry, agriculture, and urban populations · Manages storage of surface water associated with changing water use · Implements regional water supply process · Manages natural ecology · Exercises ad valorem taxing authority · Purchases land for water management, supply and protection of water resources · Protects wetlands · Issues water permits · Oversees water resource development · Develops regional water supply plans · Develops and implements Surface Water Improvement and Management Plans (SWl~) · Plugs free-flowing artesian wells · Restores ecosystem · Serves as local sponsor for Corps of Engineers' projects · Establishes minimum flows and levels (the limit at which further water withdrawals would cause significant harm to the water resource or ecology of the area) · Reviews comprehensive plan elements relating to water resources · Declares water shortage emergencies and manages droughts · Provides flood protection · Operates the Central & Southern Florida Project (SFWMD) depicted in the north Florida example. boundaries. The law also stipulates that if water is ever transferred, it must not diminish availability of water for present and future needs of the sending area. The receiving area must have exhausted all "reasonable" local sources and options. Therefore, transfer of water across county boundaries is strongly dis- couraged by interpretations of the current law. Because water is a public resource benefit- ing the entire state, Florida law requires waters in the state to be managed on a state and regional basis. Water is a statewide resource that is permitted and managed by districts for the benefit of all within the state. While it is politically important to look to local sources first, it may be in the best interest of the envi- ronment, and the potential sending and receiving regions, to revisit the impacts of allowing transfers, both economically and environmentally. One of the unintended con- sequences of Florida's "local sources first" poli- cy is that districts and localities think they "own their water," and must prevent access by any other district or locality. For example, in north Florida, residents in the Suwannee River Water Management District, which has a plentiful sui~ply of water, are worried that south Florida may one day look to north Florida's rivers, lakes, and aquifers for assistance with the limited water supply in the south (The Gainesville Sun, May 2003). Hence, the "local sources first" policy discourages the full understanding of Florida water law that states water is a public resource, leading to polarization between water-rich and water-poor areas of the state, as The Council of 100 will not propose "stealing" water from the Suwannee River or its district, or for that matter, any area of the state. To the contrary, we believe it is critical that [~ =~'~q~r&t NOV 18 2003. Improving Florida's Water Supply Management Structure be protected, and that if a region were to supply water, it must always be assured that its economic interests are met now and into the future, including development rights and adequate supply. There are areas throughout the state where water-rich areas are successfully supplying water- poor areas across county lines and receiving utility revenues for the transaction. For example, the Jacksonville Electric Authority (JEA), Tampa Bay Water, and Sarasota/Manatee agreements exem- plify how water is being delivered across county lines, in an environmentally and economically sound process. Recent Governance Changes To ensure that water management distric:s are preparing for future demand, the legislature amended the Florida Water Resources Act in 1997. The legislation was designed to provide long-term water supplies for current and future users. The chart below depicts the major governance changes in the last six years. 1997 legislation - requires all water management districts to prepare regional water supply plans for those areas where existing or reasonably anticipated sources of water and conservation efforts will not be adequate to meet current or future needs. 1998 legislation -encourages "local sources first" policy. 2000 Comprehensive Everglades Restoration Plan (CERP) enacted - objective is to capture 1.8 billion gallons per day of rainwater that goes out to sea, store in new reservoirs and wells, distribute it to the Everglades in the right amounts at the right times, and to farms and people as available. 2002 legislation - requires local governments to amend their comprehensive plans to better integrate them with the water management districts' regional water supply plans. By 2005, the legislation requires local governments to include in their potable water element a I 0-year work plan for building water supply facilities that are considered necessary to serve existing and new development and for which the local government is responsible. NOV 18 2003. Improving Florida's Water Supply Management Structure A l{et~rt.frc~ ~ Florkbx Council off lbX) CHAPTER 3: WHY THE SCIENCE AND TECHNOLOGY OF WATER NEEDS IMPROVEMENT There is no question that gathering, managing, and updating accurate and consistent water data and information is critical for planning current and future water needs. In Florida, water data is compiled by many governmental entities, including municipalities, counties, water management districts, the Florida Department of Environmental Protection (DEP), the U.S. Geological Survey, state universities, and many others. While the DEP is mandated to be the "central repository for all scientific and factual information generated by local governments, water management districts and state agencies" (Water Resources Act of 1972, Chapter 373), the devel- opment, definition and use of water data and science across the state seems often uncoordinated and conflicting. For example, water management districts are required to establish minimum flows for all surface watercourses in an area and minimum water levels for groundwater. However, based on interviews and data obtained from water management districts, this requirement is not yet ful- filled across the state due to varying measurement techniques and other concerns. While there ar_ orolific sources of water data available that are accessible and user friendly, there is no one centralized location where all of the data is collected. It is dispersed among the various governmental agencies that collect the data. It is not unusual to get into disputes over water issues because in some cases, how the data is collected differs from district to district. From our research and interviews, it is unclear whether water management districts and localities use common scientific proven methodologies and technologies to compute water data, such as water flows/levels and costs, or future water demand projections. Creating a common system of water science across all water management districts would mitigate such disputes. It is critical for a state as vast and diverse as Florida to have a standardized methodology process for reportink and collect- ing water data, and for planning and forecasting needs. Florida is growing so rapidly - it is impera- tive that the state has a solid and reliable foundation for gathering water data. It is often difficult to draw scientifically-based conclusions of the scope of the water problems Florida faces, and to know how effective specific solutions will be in addressing these problems. There is clearly a need to review how water data and science is gathered and managed in the state. All participants need to find common ground in the science of water or Florida wilt go forward unprepared to sustain our environment while accommodating forecasted population growth. Failure to do so will foster litigation and costly disputes. NOV 1 8 2003. Improving Florida's Water Supply Management Structure .~\ Re~m fr~m the F!ori~h CHAPTER 4: HOW PARTNERSHIPS CAN HELP ADDRESS THE STATE'S WATER STORAGE AND DISTRIBUTION PROBLEM As discussed in Chapter 2, Florida receives an abundance of rainfall each year--54 inches on average, annually, the second most of any state in the continental United States. As noted in Chapter 1 of this report, Florida is not like states out West, like California, which averages 22 inches per year, or Texas, which averages 29 inches per year (National Oceanic and Atmospheric Administration, 2002). However, while Florida may not have a drought-like cli- mate year round, there are some areas of the state that are working hard to address water shortages. It is our conclusion that Florida's localized shortage issues are not a water resources problem, because the water exists within the state. One need only to fly on an airplane around the state to see that Florida has an abundance of open space and potential for environmentally sound sources of water. Rather, we would argue a significant part of Flor !:..:; problem is one of water storage and distri- bution. And, like Florida's population, water availabimy is disproportionate by district. For exam- ple, homeowners in northwest Seminole County must cut back their water use by 17 percent. State water managers fear a water crisis in Central Florida (Or/ando Sentinel, July 2003). The southern part of Hillsborough faced the prospect of a moratorium on construction in July 2002, which led to a spectacular show of solidarity among building industry workers who arrived in downtown Tampa in honking dump tracks, much to the amazement of the County Commissioners. And in Lake County, it is estimated that groundwater use will increase by 150 percent in coming years as a result of growth (Orlando Sentinel, 2002). As we've heard many times from water folks in Florida, "80 percent of the population and public consumption is south of I-4; 80 percent of the water resources are north of I-4." The private sector is involved in water supply development and operation in several parts of Florida. For instance, private utilities profit on the sale of water, and private companies extract, bottle and sell water at a profit. And Tampa Bay Water's design-build-operate agreements with third party vendors are good examples of private companies engaging in the financing, design, building and operation of public facilities through public-private partnerships. With parts of Florida stressed for water, water management districts are looking to the private sector for assis- tance, such as storing water and stripping phosphorous from water to improve water quality. Private sector involvement can be an even bigger part of the solution for developing, treating, dis- tributing, and creating alternative water supplies, as it has been throughout the world. Additionally, there are examples of agriculture water users involved in public-r~rivate partner- NOV 1 8 2003. Improving Florida's Water Supply Management Structure A Re!~-~rt.~'om the Ft,,ri~ba C~:~ncit ships. For example, the Jacksonville Energy Authority (JEA) is exploring the possibility of paying to install conservation irrigation systems on agricultural operations, in return for cutbacks on agri- cultural permits, to free up groundwater. Also, they are looking at increased agricultural use of reclaimed water to free up more traditional water supplies for consumption. Developing alternative water supplies is going to be even more necessary in Florida because Florida's fresh groundwater in some areas is stressed from rapid growth and the necessary restora- tion and maintenance of our environment (CERP, for example). Unfortunately, the development of alternative water supplies in parts of the state has been difficult, time consuming, and in some cases, expensive and subject to environmental criticism. Water supply leaders at the DEP and water management districts can rightly take credit for alternative water supplies that have been implemented or considered, including: · Reservoirs (above and below ground level) · Reverse osmosis (using brackish water) · Desalination (using seawater) · Medium distance piping · Aquifer storage/recovery · Reuse water One way for the state to invest in alternative water supplies is to better encourage partnerships. Encouraging public-private partnerships and public-public partnerships enhances public supply, conservation, environmental supply and restoration, water distribution efficiency and effectiveness. It encourages the use of water in a sustainable manner. Increased private sector and public utility involvement makes good environmental and economic sense. Creating incentives for private companies and public entities to develop water resqurces and build new water supplies and infrastructure can help address Florida's water storage, treatment, and distribution challenges. Looking at ways to distribute water more effectively within regions or even across the state to water stressed areas, and implementing alternative water supplies and cre- ative solutions to meet current needs and future demand, must be considered. NOV 1 8 2O03 Improving Florida's Water Supply Management Structure A ReB~rtfrom d~c Fb,rid~a Cc.mc//of I~ CHAPTER 5: FINDINGS AND RECOMMENDATIONS FOR IMPROVING WATER SUPPLY MANAGEMENT IN FLORIDA .~ fter extensive ,research and analysis, the task force concluded that there are three primary areas within Florida s current water management structure and policy that need to be addressed: gov- a~ m emance, science and technology, and partnerships. The findings below led to our recommen- dations for improving water supply management in Florida. Summary of Governance Findings Water is considered a public resource that benefits the entire state and is supplied by localities. Although water is a resource of the state, Water is managed and regulated primarily at the regional and local levels. This has resulted in legislation, such as the "local sources first" policy. The "local sources first" policy was designed to require consideration of "local" alternative supplies. However, the unintended result of the "local sources first" policy is that districts, counties, and municipalities think they "own" the water in their areas, and must prevent access by any other district or locality. Thus, water is less seen locally and regionally as a state resource. We see "local sources first" evolving into a resource-based test as part of the regional water supply plans. Such a resource-based test might include the cost associated with developing alternative water supplies. For example, might it not be economically reasonable to consider transporting water from a non local source, iff A) it costs significantly more to develop alternative water supplies (such as a desali- nation plant) locally than it is to transport water from someplace else; B) there is no harm to the envi- ronment or the potential sender's needs; and C) it is mutually beneficial, and minimum flows and levels are not violated? · Water management districts are in charge. The passage of the 1972 Florida Water Resources Act and subsequent amendments established the current water management structure, in which five water management districts, with individual boards of governors, were established with the authority to regulate, manage, permit and tax. The districts are responsible for water supply planning, the establishment of minimum flows and levels, and the regula- tion of the consumptive use of water. This is often a clear, inherent conflict to have the districts responsible for water supply planning and the regulation of the consumptive use of water. All five water management districts have indicated their districts will meet water supply needs for the next 20 years. However, after having reviewed many of the regional water suppl, vlans develoned NOV 1 8 20113 Improving Florida's Water Supply Management Structure by the districts as required by the I997 legislation, it is apparent that the plans define the need, but do not lay out time-phased, specific plans with funding sources. We conclude that the regional water supply plans do not ensure an adequate water supply with certa/n~y. · The decentralized water governance system has not resolved the uncertainty caused by the need to grow our water supply from 7.2 bgd to 9.1 bgd. Based on our research and analysis, we conclude that Florida lacks a statewide vision and advocate for a sustainable water supply. While there are plenty of success stories throughout the state to address the expected increase in water supply, regional water problems and shortages persist. Such shortages hin- der sound environmental practices, economic development, the involvement of the private sector, and technological innovation to increase water supply. The approach to water supply in Florida has resulted in a crisis driven mentality, which depends on the severity of the "La Nifia" effect, prior planning, and cooperative governance. Thus, the decentralized structure has not solved the uncertainty of meeting our future water needs. Therefore, we recommend to: Recommendatiott i. Establish a Water Supply Commission, with a statewide perspecti-t.e, to ensure an adecluate water supply to st~stain the environment and accommodate forecasted population growth. Many key statewide functions in Florida have an appointed state entity with varying levels of author- ity. Examples include the Florida Transportation Commission, (with [r' T and seven districts), the Florida Board of Governors (with 11 universities), and the Florida Boa ~ of Education (with 67 school districts and 28 community colleges). Likewise, we see the need for a state Water Supply Commission. Central to this commission's authority and focus is ensuring the supply of water for all areas of Florida. A statewide Water Supply Commission would be comprised of at least seven members, with at least one from each of the five water management districts, who serve four-year staggered terms, without com- pensation. The Governor would select commission members and the Senate would confirm each mem- ber in the same manner as similar gubernatorial appointments. The commission would have a small, dedicated staff to provide constant assistance to the commission. Funding for the commissiQn would come from a legislatively set pro-rata share of the ad valorem revenues of the five water management dis- tricts. Specifically, Commission functions would include: Redefining the water supply relationship among the state, districts, and localities Planning, coordinating, and advocating statewide sustainable environmentally sound water supply- policy Exercising general supervisory authority over the water management districts for water supply planning Resolving conflicts relating to water supply Reviewing, approving, and monitoring district water supply plans and resolving "science" conflicts Establishing statewide water conservation and reuse goals based upon the plans of local districts and governments Encouraging the establishment of regional and/or countywide water supplies, (e.g. ,,,~1~~~ ~"! NOV 1 8 2003. Improving Florida's Water Supply Management Structure A Rets;ri Fc,~,m rk~: FtO¥ta C,:mncd q[ 100 tional utilities, such as Fairpoint Utilities or Tampa Bay Water), which provide wholesale water to member utilities · Making recommendations to the Governor and cabinet on the resolution of water supply challenges and disputes · Reviewing the "local sources first" policy and making appropriate recommendations to the Governor which may include evolution into a resource-based test that would be part of the development of regional water supply plans Commission functions would not include: · The development of water supplies (best done at the local level) · Permitting (best done at the district level) · Ad valorem taxing (best done at the district and local levels) · Setting of minimum flows and levels (best done at the district level) · Regulating and protecting water quality (best done at the DEP, district and local levels) · Protecting wetlands (best done at the DEP, district, and local levels) · Providing flood protection (best done at the DEE district, and local levels) · Restoring the ecosystem (best done at the DEP, district, and local levels) · Implementing stormwater projects (best done at the DEP, district ,and local levels) · Managing droughts (best done at the DEE ~.!istrict, and local levels) · Managing the natural ecology (best done at the DEE district, and local levels) Thc creation of a Water Supply Commission would not be an additional layer of bureaucracy, as indi- cated in Figure 12. From the state perspective, water availability would now be as important as water quality - both being critical to Florida's future. And finally, creating a standardized process for managing water resources across the state would ensure accountability for developing adequate water supplies at the local level to meet current and future needs. Please note that we do not propose taking responsibility away from local governments as to water supply and development. We are focused on sustainable water supplies, which by definition are environmentally sound and responsible. Accountability and certainty in planning and funding are key elements of the Water Supply Commission oversight functions. Figure 12 DEP Organizational Structure (proposed) NOV 1 8 2003 Pa., Improving Florida's Water Supply Management Structure A Re.lx~rtfrom the Fb~da Crmn~ ,~f IC50 Summary of Science and Technology Findings · The development, definition, and use of water data and science across the state are often uncoordinated and conflicting. It is evident from our research and data gathering that the "science of water" needs improve- ment. Because there is no statewide centralized source of water data and information, water data is spread throughout the state in an uncoordinated manner, making it difficult to locate information, to find updated information, and to be sure it is credible. It is unclear whether water management districts and localities use common scientific proven methodologies and technologies to compute water flows/levels and costs. This makes it difficult to draw scientifically-based conclusions of the scope of the problems and the effectiveness of solutions. Therefore, we recommend to: }~ecommendation 2. Establish a Water Data Center that is clearly in cooperation with the U.S. Geological Survey crud the Florida Geological Survey. A Water Data Center would consolidate and demystify all water data and make it available for use by governmental entities and to the public. A Water Dam Center would create a standardized methodology for reporting and collecting water data, and for planning and forecasting needs. The Water Data Center could be placed in a state university with demonstrated water expertise. '- ince the Florida Geological Survey is the repository for all geologic data in Florida, this center w.~utd become a repository of credible data that would be shared by everyone. Recommendation 3. Establish a Science AdvisoD' Co~mcil, comprised of voluntary scientists and engineers. Much like the Council of Economic Advisors and similar groups, this voluntary group would advise the Governor, the Florida Water Supply Commission, and the Environmental Regulation Commission, on appropriate use of data, measurement techniques, and methodologies. Such a group would bring the best minds in the private and public sector into the discussion of water sup- ply. Summary of Partnerships Findings · Alternative water supplies are underway, however the pace of implementation is not meeting current needs and future demand in all areas. There is much evidence that good alternative water supplies are being implemented and con- sidered around the state. For example, in central Florida, drawing more water from the St. John's river is being considered, and in the Tampa Bay area, a desalination plant was completed in March 2003. A reservoir is also being developed in the Tampa Bay area to address water needs. Water management districts are looking for innovative ways to maximize their resources by involving the NOV 1 8 2003 Pg._30 Improving Florida's Water Supply Management Structure private sector, such as storing water or stripping phosphorous from water to improve water quality. Contracting private companies to design, build and operate, (DBO) and even maintain new water supplies can save time, reduce costs, and enable public entities to benefit from the company's expertise, state-of-the-art technologies, and R&D capabilities they would not otherwise have access to. These partnerships, as evident in examples such as the Orlando Utilities Commission, can be effective approaches to developing alternative water supplies. Therefore, we recommend to: Recom. menda tion 4. Find ways to encourage public-private partnerships and public-public partnerships. Allowing market-driven forces to play a role in water management would enhance water sup- ply, conservation, distribution efficiency and the environment. Creating a structure and atmos- phere that better supports creative solutions to Florida's water storage and distribution problem would help to ensure that we are using water in a sustainable manner. Establishing more wholesale water agencies that can make multi-year contracts to private enterprise would enable partnerships to develop. Furtt~ermore, creating incentives for private companies and public entities to develop water resources and build new water supplies and infrastructure are innovative ways to address future water needs. If we are able to lease public lands for tree farming and other ventures, why not lease lands for water supply development to public water suppliers? Excess water (i.e., excess to mini- mum flows and levels and local consumption needs now and for the future) on and within state land could become an income generator for the state and the locals from which water is supplied. R~commondation $. Conduct analysis to determine practicality of a statewide water distribution system that ensures ali safegttards for future growth and protection of the environment. Developing a system that enables water distribution from water-rich areas to water-i~oor areas seems to make good environmental and economic sense. Florida has vast resources of water in cer- tain areas of the state. A statewide water distribution system would establish an economic value to water and water would become a general revenue source for the state of Florida and sending areas. Many argue that a statewide water distribution system from water-rich areas to water-poor areas is more environmentally sound and cost effective than other alternative water supplies, such as desalination. However, until a comprehensive analysis is conducted, we will not know the answer to this argument for certain. This analysis might well involve the private sector in a public/private solution. NOV I 8 2003 Improving Florida's Water Supply Management Structure SUMMARY W ater is unique among all resource~ It is absolutely essential to life, and in this context, rightfully called our most precious resource. We began our mission to recommend policy for sustainable environmentally sound water supplies. With this vision, we have focused our attention on those elements of current governance that, with adjustments, will build certainty into meeting the projected fresh water requirements of Florida over the next 20 years. Even if population growth is less than forecast, the pressing need to address a water supply adequate to protect our environment and maintain eco- nomic stability must be addressed by leaders throughout Florida. As we have seen, the lack of water resources in not a functional problem. The only way to effectively guarantee protection of our environment is to have an adequate water supply. The only way to effectively accommodate forecasted population growth is to have an adequate water supply. Reevaluating and modi- fying the current governance structure will address many of the oversight and management issues that have developed over the years since the creation of the five water management districts. Improving how science and technology is used, monitored, and maintained provides a solid and credible foundation of informa- tion that can be used to effectively address the issues of today and for the future. And finally, encouraging innovative and creative solutions to our water distribu- tion problem, such as partnerships, is a positive step in preparing Florida to meet the needs of the 21 st century. And, as a concluding comment, potential funding of new traditional and alter- native water supplies is not included in this report, as most see funding of water supply development as the responsibility of the consumer of the water. Our pro- posals recommend a strategy and a structure to improve governance, define the science, and build partnerships to guarantee certainty in water supply develop- ment. The recommendations set forth set the stage for continuous reasonable debate of the planning, implementation and funding challenges, as well as the maintenance of our wonderful environment. All of these tools combine to enhance the opportunity for meaningful improvement that Florida citizens deserve and will demand. With so much potential and rapid growth, it is time for Florida to plan for meeting its future water needs. Now is the time to be proactive. [] NOV 1 8 2003. Improving Florida's Water Supply Management Structure .A l~e.~ort fr~m~ r~ Fk,ri~'Co,w~ qf 100 APPENDICES I. About the Water Management Districts Northwest Florida Water Management District The Northwest Florida Water Management District (NWFWMD) stretches from the St. Mark's River Basin in Jefferson County to the Perdido River in Escambia County. The district encompasses all 15 counties as well as the portion of Jefferson County within the St. Mark's River Basin. Within its 11,305 square miles of land are parts of five major drainage basins. The district has a nine member governing [x~ard appointed by the Governor and confirmed by the Senate. Northwest Florida has more rivers and streams than any other region in the state. Seven major rivers cross the district on their way to the coast. Although surface water is plentiful, the Floridian and Sand and Gravel Aquifers sup- piy about 77 percent of the potable water needs in the region. Within the region are eight first magnitude springs, most of which are popular recreation spots. By 2020, it is projected that the NWFWMD's population will increase by 29 percent and the number of million gallons per day (mgd) will increase by 26 percent. The graph at right depicts the pro- iected demand by category. Public Supply Use will continue to be the largest 5vater user in 2020. NWFWMD Water Demand by Category, 1995-2020 1995 49% ~ 2020 (Projected) Suwannee River Water Management District The Suwannee River Water Management District (SRWMD) covers 7,640 square miles in north central Florida including all or part of 15 counties. The area is one of the least populated in the state, with a 1995 population of about 280,000. The district is primarily rural. The district has a nine member governing board appointed by the Governor and confirmed by the Senate. The defining feature of the region is the Suwannee River. The region's surfaI iNOV 1 8 Improving Florida's Water Supply Management Structure SRWMD Water Demand by Category, 1995-2020 1995 2020 (Projected) 44 % 40% 38% Agriculture Public Supply Domestic Industrial/ Self Supply Commercial/ Electric 0.5°,/o 0.5% Recreational Irrigation and springs, as well as rivers, are a major recreational resource for resi- dents and tourists. Ground water is the major source for public supply, agriculture, industry, and domestic use. Most of the water used in the district is from the Floridan Aquifer. Total water used has not changed dramatically over the last two decades, due largely to the consis- tent water use of the three major users. Potable and irrigation use account for most of the increase. By 2020, it is projected that the district's population will increase by 34 percent and the num- ber of million gallons per day (mgd) will increase by 16 percent. The graph above depicts the pro- jected demand by category. Agriculture use will become the largest water user in 2020. St. Johns River Water Management District The St. John's Water Management District (SJRWMD) is located in northeastern and east central Florida, extending south from the Georgia border to cover 12,400 square miles, almost 21 percent of the state's total area. The district includes all or part of the nineteen counties and has a population of approximately 3.7 million, or 25 percent of the state's total population. The district has a nine member governing board appointed by the Governor and confirmed by the Senate. SJRWMD Water Demand by Category, 1995-2020 · 1995 43% ~ 2020 (Projected) 41% 35% 33% '.' - 5% 4% 9% Agriculture Public Supply Domestic Industrial/ Recreational Self Supply Commercial/ Irrigation Electric The district contains thd longest river in the state, over one- third of the state's lakes including the second largest, with 12 of the 20 lakes exceeding ten square miles. Ground water is drawn from three aquifers. About three-fourths of the fresh water used is taken from ground water sources. By 2020, it is projected that the district's population will increase by 33 percent and the number of mil- lion gallons per day u,gd)~A NOV 1 8 2003 Improving Florida's Water Supply Management Structure A Report fr~:.n ~.e ]-!~,n&~ C~r~/of t00 increase by 18 percent. The graph on the previous page depicts the projected demand by category.- Public Supply will become the largest water user in 2020. Southwest Florida Water Management District The Florida legislature created the Southwest Florida Water Management District (SWFWMD) in 1961 to be the local sponsor of the Four Rivers Basin's Flood Project. The US Army Corps of Engineers initiated this major flood control project after Hurricane Donna severely damaged Florida in 1960. SWFWM D continues to cooper- ate with the Army Corps in main- 44~ 42% Agriculru re SWFWlvlD Water Demand by Category, 1995-2020 1995 ~ 2020 (Projected) 3:t% 34% Public Supply Domestic Self Supply raining and operating portions of this flood control system. I4% 12% Industrial/ CommerciaJ/ Elecmc ~;% 6% Recreational Irrigation SWFWMD is divided into nine hydrologic basins, eight of which have separate basin boards. Members of the basin boards are appointed by the Governor, confirmed by the Senate, and serve three-year terms. These boards identify water-related issues and problems in their basins and pro- vide programs and budgets to address these concerns. Currently, SWFWMD is the only district with this basin governance system. The district has an 11 member governing board appointed by the Governor and confirmed by the Senate. SWFWMD includes alt or part of 16 counties on the west central coast of Florida. The district contains one fourth of the state's population, or approximately 3.6 million people. The d'istrict's western coastline includes 13 major rivers and many smaller streams, canals, springs and water- ways. Approxim;~e!v 1,700 lakes ten acres in size or larger are found in southwest Florida, 23 per- cent of-all sucit iat<ea ;n Florida. By 2020, it is projected that the district's population will increase by 29 percent and the num- ber of million gallons per day (mgd) will increase by 22 percent. The graph above depicts the pro- jected demand by category. Agriculture will continue to be the largest water user in 2020. South Florida Water Management District South Florida Water Management District (SFWMD) covers 17,000 square miles and encom- passes all or portions of 16 counties. 40 percent of the population and 31 percent of the land area of the state are within its boundaries. The district contains two watersheds or drainage basins: the NOV 1 8 2003 .55 , Improving Florida's Water Supply Management Structure A Rel.~rt from ~t~ Agriculture Public Supply SFWMD Water Demand by Category, i 995-2020 54% 1995 ~L~ 2020 (Projected) 2% 2% 2% 2% Domestic lndo~t~i/ Serf S~pply Commercial/ El~rric 9% Recreational Irrigation Big Cypress Basin and the larger Okeechobee Basin. The district has a nine member governing board appointed by the Governor and confirmed by the Senate. South Florida has a distinct wet and dry season, and is the only savannah climate in the continental United States. Within the region, rainfall varies considerably. During the average wet season (May 1 through October 31 ), rainfall ranges from 46 inches near the southeast coast to 36 inches in the Kissimmee Valley. The average dry season rainfall varies from 17 inches along the southeast coast to ten inches on the southwest coast. The driest month is December, and the wettest month is September. The district uses as much water as all the other water management districts combined. By 2020, it is projected that the district's population will increase by 30 percent and the num- ber of million gallons per day (mgd) will increase by 21 percent. The graph above depicts the pro- jected demand by category. Agriculture will continue to be the largest water user in 2020. NOV 1 8 2003. Improving Florida's Water Supply Management Structure A Rclxrn ,/rom t~ II. Chronology 1949 Florida legislature creates the Central and Southern Florida Flood Control District to administer the Central and Southern Flood Control Project authorized by Congress in 1948 1961 Legislature creates Southwest Florida WMD and grants authority to the District to work with the federal government to build flood control structures 1972 Water Resources Act, Chapter 373 passed · Created the five water management districts, based on major river watesheds · Districts are regulatory agencies with far reaching authority: · Allocation of water for consumptive use by industry and urban populations · Management and storage of surface water associated with changing water use · Flood control 1976 1981 Article VII, Section 9 of the Constitution amended authorizing ad valorem tax authority for water management districts · NWFWMD ad valorem taxes could not exceed .05 mill and for the remaining four districts the ad valorem taxes could not exceed 1.0, mill without a vote of the taxpayers Save Our Rivers Act (SOR) passed au'thorizing water management districts to purchase lands necessary for water management, water supply, and ?rotection of water resources, using funds derived from an increase in the &3cumentary stamp tax 1982 State Ground Water Rule adds water quality to the mission of the districts, as w,:!l as Governor Graham's Everglades restoration initiative 1983 Henderson Wetlands Act passed instructing water management districts to incorporate the protection of isolated wetlands into their regulatory framework 1984 1987 State Comprehensive Plan adopted · Water Resource Policy Statement: "Florida shall assure the availability of an adequate supply of water for all competing uses deemed reasonable and beneficial and shall maintain the functions of natural systems and the overall present level of surface m~d ground water quality. Florida. shall improve and restore the quality of water as not presently meeting water quality standards" Surface Water Improvement and Management Act (SWIM) passed initiating the first statewide program for protecting or restoring priority surface water bodies of regional or statewide significance · · Gave specific instructions to the three largest districts to prepare protection and restoration plans for the most impacted water bodies in their areas 1990 Preservation 2000 provided a $3 billion bond program to finance various land acquisition programs over a 1 O-year period 1993 Florida Environmental Resources Act combined permitting for management and storing water and wetland resource management into a single environmental resource permit (ERP) · Transferred most related land development permitting responsibilities from DEP to the water management districts 1994 1995 Comprehensive District Water Management Plans completed for each region of the state Florida Water Plan adopted that builds upon the regional plans and provides inter-gove ,mmental strategies NOV 1 8 2003- Improving Florida's Water Supply Management Structure A Re,,'rra fr~.~ ~e Fbrida £'.o~mcd c~f I', 1996 1997 1998 20OO 2002 for addressing priority statewide issues Amendment to Chapter 373 passed reiterating the need to establish minimum flows and levels for priority surface waters and aquifers · Required water management districts to implement water resource recovery strategies where water withdrawals cause flows or levels to drop below established minimums · Water management district role was in water resource development, including funding and construction · l~cat government, regional water supply authorities, and government-owned and privately-owned utilities were to be in charge of water supply development Districts required to develop regional water supply plans Amendment enacted "local sources first" policy that stipulates that the water resources of a local area be fully developed for use before that local area seeks to "import" water from another community Comprehensive Everglades Restoration Plan (CERP) passed whose objective is to capture 1 trillion gallons of rainwater that goes out to sea annually, store in new reservoirs and wells, and distribute to farms, people and Everglades in the right amounts at the right times Legislation passed requiring local governments to amend comprehensive plans to better integrate them with the districts' water supply plans NOV 1 8 2003. Improving Florida's Water Supply Management Structure A Relxm from. 3,e Fl.ri,.ka Co~ncil i!!. Glossary of Water Terms Agriculture Water Use--Includes water used for agricultural irrigation and non-irrigation purposes. Irrigation water use includes the artificial application of water on lands to assist in the growing of crol~, plants, and pasture, or to maintain vegetative growth in recreational lands, parks and golf courses. Non-irrigation water use includes water used for livestock, fish, farming and other farm needs. Aquifer--A water-bearing stratum of permeable rock, sand, or gravel that yield useful quantities of groundwater to wells, springs or surface water. Aquifer Storage and Recovery (ASR)--The storage of water in a well during times when it is available, and recovery of the water from the same well when it is needed. Brackish--Water that contains more than 1,000 mg/L of dissolved solids; saline water is a good example of brackish water. Commercial Water Use--Water for motels, hotels, restaurants, office buildings, commercial facilities and civilian and military institutions. Consumptive Use Permit (CUP)--AIIows a user to withdraw a specified amount of water, either from the groundwa- ter or from a lake or river. The water can be used to irrigate crops, nursery plants or golf courses; manufacture various products, including citrus; operate industrial plants; and provide drinking water for domestic consumption. CUPs were created as the key mechanism by which the water management districts and the state can regulate the consumption of water from the most beneficial uses and in the best interest of the public. Desalination--Any of numerous processes that remove ~.alt from seawater or brackish water. Primarily used for public water supply to ensure that it meets Florida DEP secondary water standards. Freshwater--Water that contains less than 1,000 milligrams per liter of dissolved solids. Generally considered potable (suitable for drinking). Groundwater--Water under the ground in aquifers. Minimum Flows and Levels--the limit at which further water withdrawals would cause significant harm to the water resource or ecology of the area. Potable Water--Water that meets the quality standards set by the Florida DER Considered safe for human consump. tion and is often referred to as drinking water. Public Supply--Water withdrawn by public or private water suppliers and delivered to users who do not supply their own water. PaNic-Water Use--Water supplied from a public- water supply and used for such purposes as firefighting, street wash- -.s,;'~" ~tnd municipal parks and swimming pools. Reasonable-Beneficial Use--Doctrine of water use set forth in Florida law whereby use of water must be both reason- ,~bte and beneficial. Reclaimed Water--Water that has received at least secondary treatment and basic disinfection and is reused after t!owing out of a domestic wastewater treatment facility. Reuse--Use of reclaimed water for various purposes, most commonly for landscape irrigation. NOV ! 8 2003 Improving Florida's Water Supply Management Structure A Rear, fl'oar, d~e F~3~a Count//o~' Runoff Water, including rain and snow, which is not absorbed into the ground. Instead, it flows across the land and eventually runs into streams and rivers. Surface Water--Water found on the surface of the Earth (rivers, lakes, streams, ponds, wetlands, oceans and seas). Water Resource Development--Formulation and implementation of regional water resource management strategies (water management districts). Water Resource Plan--A planning document or process which assesses both sources and uses of water and develops strategies for their most effective and efficient use according to public needs and criteria. Water Resources--The supply of groundwater and surface water in a given area. Water Supply--Amount of water available for human and other uses Water Supply Development--Planning, design, construction, operation, and maintenance of public or private facili- ties for water collection, production, treatment, or distribution for sale, resale or end use (local governments, regional water supply authorities, utilities). Wastewater--Water that has been used and is no longer clean. Watershed--Land area that contributes runoff to a water body (also known as a drainage basin) Withdrawal--Water removed from the ground or diverted fr°m a surface-water source. Sources: F/or/da Waters, 2002; DEP; Lake crud Water Word ,...,ossary, North American Management Lake Management Society NOV 18 2003. Improving Florida's Water Supply Management Structure IV. Research Sources A Model Water Code with Commentary, Frank E. Maloney, University of Florida Press, 1972 Implementing Regional Water Supply Plans: Is Progress Being Made? Florida Department of Environmental Protection, May 2002 Annual Status Report on Re~onal Water Supply Planning and Water Resource Development Work Programs, DER June 2003 Florida Water Plan, 1999 Annual Progress Report, Department of Environment~ Protection, 1999 Florida Water Plan: Implementing Watershed Management, DER December 2001 Water Resources Act of 1972, Chapter 373, 1972, as amended Bridge Over Troub/ed Water: Recommendations of the Water Management District Review Commiss/on, December 1995 Florida Waters: A Water Manual from F/crr/da's Water Management Districts, April 2002 Draining Supply, The Gainesville Sun, May 19, 2003 Water's Flow from Private Hands, The Washington Post, August 12, 2002 F/or/da's Water Ct/sis, Or/am~t~ ~:enrinel Ser/es, March 2002-November 2002 Blue Go/d, Maude Barlow and Tony Clark, 2002 Water Follies: Groundwater Putnping and the Fate of America's Fresh Waters, Robert Glennon, 2002 Water Wars, Diane Raines Ward, 2002 Water Withdrawals, Use, Discharge, and Trends in FLor/da, 1995, Richard Marella, U.S. Geological Survey, 1999 Water Resources Atlas of Florida, 1998 Florida Water Conservation Initiative, April 2002 Global Trends 201 ~': : ~ ,~: ~ogue About the Future With Nongovernment Experts, CIA, 2002 The Coming Water Cr/sis, U.S. News and World Report, August 2002 Water Pressure, Fen Montaigne, Nadonal Geographic, September 2002 People Are Lapping up Groundwater, Orlando Sentinel, November 21, 2002 Half the Global Population to Face Severe Water Shortage by 2020, UN Study Says, Ch/cago Tr/bune, August 13, 2002 Southern Nevoda Offic/d.s Look for Answers to Water Shortage, Reno Gazette-Journal, October 20, 2002 Seminole Area Told to Cut Back on Water Use, Orlando Sentinel, July 22, 2003 AC-,ENOA I~dVl, ~ NOV 1 8 2003. Improving Florida's Water Supply Management Structure A Repor~ t~'om d'~ Fbr~'b Cou~c~d qf lO0 Freshwcaer Supply: States' Views of How Federal Agendes Coukt Help Them Meet Challenges of Expected Water Shortage. s, US General Accounting Office, july 2003 Lower East Corot Re~onal Water Supply Plan, SFWMD, May 2000 Kissimmee Basin Water Supply Plan, S~VMD, April 2000 Upper East Coast Water Supply Plan, SFWMD, February 1998 Lower West Coast Water Supply Plan, SFWMD, April 2000 Re~onal Water Supply Plan, SWFWMD, August 2001 District Water Supply Plan, SJRWMD, April 2000 Re~onal Water Supply Plan for Santa Rosa, Okatoosa, and Walton Counties, NWFWMD, February 2001 NOV 1 B 2003 EXECUTIVE SUI~IARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MCCARTY SUBDIVISION", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "McCarty Subdivision", a subdivision of lands located in Section 9 Township 49 South, Range 26 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 "McCarty Subdivision". 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 "McCarty Subdivision" be approved for recording. This project is a three lot subdivision located in Golden Gate Estates. FISCAL IMPACT: The project cost is $50,000.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ -0- b) Drainage, Paving, Grading - $50,000.00 The Security amount, equal to 110% of the project cost, is $55,000.00 NOV 182C 3 [ Executive Summary McCarty Subdivision 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: $1405.00 Fees are based on a construction estimate of $50,000.00 and were paid in February, 2003. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)-$545.00 b) c) Paving, Grading (1.3% const, est.) GROWTH ~AG~NT IMPACT: Construction Drawing Review Fee Water & Sewer (.75% const, est.) - $-0- Drainage, Paving, Grading (.42% const, est.)- $210.00 Construction Inspection Fee Water & Sewer (2.25% const, est.) - $-0- Drainage, - $650.00 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts EAC RECO~ENDATION: Approval CCPC P~COMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "McCarty Subdivision" for recording with the following stipulations: Approve the amount of $55,000.00 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. NOV 1 8 Executive Summary McCarty Subdivision Page 3 o 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. 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: Joseph,. Schml%~t[ AdminiStrator CommUnity Development & Environmental Services NOV 1 8 2003 3"]VOS Ol iON/ ~ EXECUTIVE SUMMARY LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003051172/ Barbara L. Galloway; 2003050814fNorman Snellings; 2003080456/Dominguez, Et. Al, John R.; 2002120967/Lewis Tr., Evelyn G; 2003080900/Hu11, Richard & Rosana; 2003080900/Hu11,' Richard & Rosana; 2003070998/Silver Trs., Stuart; 2003050760fDominguez, Et. Al, John R.; 2002120283/Gray, Est., Charlie Mae; 2003010033/Ramirez, Licimaco; 2003050823/Buitrago, AIvaro; 2003070388/Patton, Lorraine & Ellison, Nicole; 2003060309/Caspain Builders, LLC; 2003080928 /Wilkinson-Meffert Construction Co; 2003070373/Wilkinson-Meffert Construction Co; 2003070376/Wilkinson-Meffert Construction Co; 2003070375/Wilkinson- Meffert Construction Co; 2003070378/Wilkinson-Meffert Construction Co; 2003040809/Montclair Fairway Estates Bldg, Corp; 2003060185/Fenton, Bonnie; 2003060304/Avila, Filomeno & Maria; 2003070439/Wisniewski, Leonard; 2003070528/Schumacher, Hermann; and 2003050827fLa Rue, Claude. OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 05/29/03 b. Notice of Violation served NA c. Notice of Violation Posted 06/02/03 $580.00 2003051172 Galloway, Barbara L. d. Unabated nuisance verified 06/12/03 e. Nuisance abated with public funds 07/11/03 f. Owner invoiced for costs 08/05/03 a. Violation determined 05/21/03 b. Notice of Violation served claimed c. Notice of Violation served claimed $8380.00 2003050814 Snellings, Norman W. d. Notice of Violation Posted NA e. Unabated nuisance verified 06/24/03 e. Nuisance abated with public funds 08/26/03 f. Owner invoiced for costs 09/22/03 a. Violation determined 08/08/03 b. Notice of Violation served claimed NOV 1 8 2003. 2003080456 Dominguez Et Al, John c. Notice of Violation Posted NA $255.00 R. d. Unabated nuisance verified 9/10/03 e. Nuisance abated with public funds 9/20/03 fi Owner invoiced for costs 9/26/03 a. Violation determined 8/11/03 b. Notice of Violation served NA c. Notice of Violation Posted 8/12/03 2003080461 Lewis, Evelyn G d. Unabated nuisance verified 08/23/03 $255.00 e. Nuisance abated with public funds 08/30/03 f. Owner invoiced for costs 09/12/03 a. Violation determined 08/15/03 b. Notice of Violation served NA c. Notice of Violation Posted 08/15/03 $255.00 2003080900 Hull, Richard & d. Unabated nuisance verified 08/25/03 Rosana e. Nuisance abated with public funds 09/10/03 f. Owner invoiced for costs 09/12/03 a. Violation determined 05/7/03 b. Notice of Violation served claimed c. Notice of Violation Posted 06/10/03 $285.00 2003050293 Hull, Richard & d. Unabated nuisance w~rified 06/23/03 Rosana e. Nuisance abated with public funds 07/22/03 f. Owner invoiced for costs 07/29/03 a. Violation determined 07/21/03 b. Notice of Violation served unclaimed c. Notice of Violation Posted 08/05/03 $255.00 2003070998 Silver, Trs, Stuart d. Unabated nuisance verified 08/15/03 e. Nuisance abated with public funds 08/20/03 f. Owner invoiced for costs 08/22/03 a. Violation determined 05/15/03 b. Notice of Violation served claimed Notice of Violation Posted NA $2 5 5.00 2003050760 Dominguez, Et Al, d. Unabated nuisance verified 06/10/03 John R. e. Nuisance abated with public funds 06/23/03 f. Owner invoiced for costs 07/09/03 a. Violation determined 12/05/02 b. Notice of Violation served unclaimed c. Notice of Violation Posted 12/30/02 $350.00 2002120283 Gray, Est., Charlie Mae d. Unabated nuisance verified 06/16/03 e. Nuisance abated with public funds 07/08/03 f. Owner invoiced for costs 07/11/03 a. Violation determined 01/02/03 b. Notice of Violation served 01/08/03 2003010033 Ramirez, Licimaco c. Notice of Violation Posted NA $350.00 d. Unabated nuisance verified 01/22/03 e. Nuisance abated with public funds 02/19/03 f. Owner invoiced for costs 06/10/03 NOV 1 8 2003 a. Violation determined 05/21/03 b. Notice of Violation served NA c. Notice of Violation Posted 02/03/03 $255.00 2003050823 Buitrago, Alvaro d. Unabated nuisance verified 02/13/03 e. Nuisance abated with public funds 02/15/03 f. Owner invoiced for costs 02/26/03 a. Violation determined 07/07/03 b. Notice of Violation served claimed c. Notice of Violation Posted NA $23,700.00 2003070388 Patton, Lorraine d. Unabated nuisance w:rified 09/10/03 Ellison, Nicole e. Nuisance abated with public funds 09/20/03 f. Owner invoiced for costs 09/22/03 a. Violation determined 06/09/03 b. Notice of Violation served NA c. Notice of Violation Posted 06/09/03 2003060309 Caspain Builders, LLC d. Unabated nuisancewmfied 06/23/03 $255.00 e. Nuisance abated with public funds 07/07/03 f. Owner invoiced for costs 07/16/03 a. Violation determined 08/18/03 b. Notice of Violation served claimed c. Notice of Violation Posted NA $255.00 2003080930 Wilkinson-Meffert d. Unabated nuisance verified 09/10/03 Const Co e. Nuisance abated with public funds 09/11/03 f. O~vner invoiced for costs 09/17/03 a. Violation determined 08/18/03 b. Notice of Violation served claimed c. Notice of Violation Posted NA $255.00 2003080928 Wilkinson-Meffert d. Unabated nuisance verified 09/10/03 Const Co. e. Nuisance abated with public funds 09/11/03 f. Owner invoiced for costs 09/17/03 a. Violation determined 07/10/03 b. Notice of Violation served claimed c. Notice of Violation Posted NA $255.00 2003070373 Wilkinson-Meffert d. Unabated nuisance verified 07/31/03 Const Co. e. Nuisance abated with public funds 08/18/03 f. Owner invoiced for costs 08/20/03 a. Violation determined 07/10/03 b. Notice of Violation served claimed c. Notice of Violation Posted NA $255.00 2003070376 Wilkinson-Meffert d. Unabated nuisance verified 07/31/03 Const Co. e. Nuisance abated with public funds 08/18/03 f. Owner invoiced for costs 08/20/03 a. Violation determined 07/10/03 b. Notice of Violation served claimed c. Notice of Violation Posted NA $255.00 2003070375 Wilkinson-Meffert d. Unabated nuisance verified 07/31/03 Const Co. e. Nuisance abated with public funds 08/18/03 fi Owner invoiced for costs 08/20/03 NOV 1 8 2003- a. Violation determined 07/10/03 b. Notice of Violation served claimed 2003070378 Wilkinson-Meffert c. Notice of Violation Posted NA d. Unabated nuisance verified 07/31/03 $2 5 5.00 Const Co. e. Nuisance abated with public funds 08/18/03 f. Owner invoiced for costs 08/20/03 a. Violation determined 04/16/03 b. Notice of Violation served unclaimed c. Notice of Violation Posted 06/07/03 2003040809 Montclair Fairway d. Unabated nuisance verified 06/30/03 $255.00 Estates Bldg, Corp. e. Nuisance abated with public funds 07/02/03 f. Owner invoiced for costs 07/08/03 a. Violation determined 06/05/03 b. Notice of Violation served NA c. Notice of Violation Posted 06/05/03 2003060185 Fenton, Bonnie L. d. Unabated nuisance verified 06/20/03 $255.00 e. Nuisance abated with public funds 06/24/03 f. Owner invoiced for costs 07/03/03 a. Violation determined 06/05/03 b. Notice of Violation served NA 2003060304 Avila, Filomeno & c. Notice of Violation Posted 06/05/03 d. Unabated nuisance verified 06/20/03 $255.00 Mafia e. Nuisance abated with public funds 06/24/03 fi Owner invoiced for costs 07/03/03 a. Violation determined 07/10/03 b. Notice of Violation served NA 2003070439 Wisniewski, Leonard c. Notice of Violation Posted 07/10/03 d. Unabated nuisance verified 07/22/03 $255.00 e. Nuisance abated with public funds 07/29/03 f. Owner invoiced for costs 08/13/03 a. Violation determined 07/10/03 b. Notice of Violation served NA 2003070528 Schumacher, Hermann c. Notice of Violation Posted 07/10/03 d. Unabated nuisance verified 07/22/03 $255.00 e. Nuisance abated with public funds 07/28/03 f. Owner invoiced for costs 07/30/03 a. Violation determined 05/20/03 b. Notice of Violation served unclaimed 2003050827 La Rue, Claude E. c. Notice of Violation Posted 06/14/03 $255.00 d. Unabated nuisance verified 06/30/03 e. Nuisance abated with public funds 07/11/03 f. Owner invoiced for costs 07/29/03 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. NOV 1 8 2003. FISCAL IMPACT: A total reimbursement of $38,490.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $312.50 ($12.50 x 25 Liens) which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Shanelle Hilton, Administrative Secretary Code Enforcement DATE: REVIEWED BY: Jane~lPowers, Operations Manager Code Enforcement DATE: APPROVED BY: Michelle Edwards Arnold, Director'l- Code Enforcement DATE: APPROVED ~~Y~~// ~{t, Admir~istrator (/~6mmunity Development & Environmental Services DATE: NOV 1 8 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Galloway, Barbara L P.O. Box 193 Everglades City, FL 34139 DATE: REF. INV.# 2362 FOLIO # 01131800000 LIEN NUMBER: LEGAL DESCRIPTION: See attached exhibit "A". You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on May 29, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cos~ of Three Hundred and Eighty ($380.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of FIVE HUNDRED AND EIGHTY DOLLARS ($580.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALI, OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL I 0V 18 2003 FJ P.O..Bcxx 104 NOV 18 2DD3 .68 of' '~037 as 142 of the [lorlda, lieat 37.00 S47.~5 fe~t; 36' W~t 30.0 feet for ~t 130.0 f~t ~ ~ ~ ~ ~ ~ on ~e bt 1~ et the ~.1/4 of ~on 13 u ~ Bo~ 0 ~1 2: ~~ ut ~e ~ 1/4 of ~ ~, ~ S2 h~, ~e ~~ p~ of ~ o~ S-837 ~~ h ~ ~ 42, Pa~ 142 of ~e ~ M of ~llbr ~n~, Florl~, ~ ~ 42 ~o 06' ~gt 37.00 ~M ~ I ~ 24' ~t 699.10 i~t; M ~ 80 ~ 36' w~t 30.0 f~t for 36' bt 10.0 f~t't ~u~ ~ I d~e 24' ~t S8.BS ~; M ~ 88 ~l 36' bt 10.0 t~t; ~uce Ho~ I d~ 24' hot 58.8S f~t ~ ~o P~ OF BKI~IK, aeld ~1 ~h ~b~ to ~ e~ooe end utility ~ ~ on ~e bat line el ~e ~ 1/4 et f~i~ 13 es ~g Ho~ 0 d~8 02' NOV 1 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GALLOWAY, BARBARA L. LEGAL DESCRIPTION: See attached Exhibit "A". COST: $580.00 REFERENCE#: 2362 FOLIO #: 01131800000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver pa3maent in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon ail other real and/or personal property oxvned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and Legal,~.~sufficiency: ?~ Thomas'C. Palmer, Assistant County Attorney F: LIEN~ MSTR RESOLUTION BY: Tom Henning, Chairman NOV 18 2003 . ~ .~l~l~ ']ldf dltl~ Ol&f.~fftpes'~, Jb' amd t~ ~eMdsfulleu q~dm mm qf~ 10,00 ........ -, xzer ,Obd. q~ {r,orzoa · ~ Box 104 NOV 1 8 2003 ... lior~b 68 of~ .S-B37 Bo ~eg~ 142 of the ~ty, Floride, 42 I 06' MeSt 37.00 fe~t; f'24' MOot' 54?.95 feet; 36' We~t 30.0 feet ~4~ ~ ~1~.0 f~t~ ~ ~ ~ 36' W~. 120.0 fK; ~ H~h 88 d~ee8 ~6~ ~ 120.0 ~; th~ ~ I d~ 24' ~ot 210.0 fee~; ~u~ ~ U8 d~s 36' M~ 120.0 f~ ~o ~e ~ ~ ~l~. ~ ~ on ~e ~t l~e of ~e ~.1/4 of ~lon 13 ~ ~ Sor~ 0 ~ 02' ~. ~1 2: ~c~ a~ ~e M~ 1/4 ~rner of G~ 13, ~ S2 ~, ~nge 29 ~ ~'26' ~ 987.57 f~, ~ ~er ~ ~ p~ce of ~ of S-837 ~~ ~ ~ ~ 42, Pa~ 142 ot the ~onco ~ 42 d~o 06' ~K 37.00 ~ ~ I d~ 24' ~t 699.10 ~en~ ~ e0 d~ 36' ff~t 30.0 f~ for a ~ ~ ~~; ~ence ~u~ 80 d~eee 36' ~lt 1O.0 E~'; ~u~ ~u~ ~ d~e 24' M~ 58.8S E~; ~ ~ 88 ~g 36' bt 10.0 f~; ~uce Ho~ I d~ 24' 58.85 f~ to the P~ Of BKI~I~, ~1 ~h ~bJ~ to an ecceoe e~ ~ ~o~ on ~e ~ot l~ne o~ ~he ~ 1/4 of S~lon 13 es ~q Ho~h 0 d~eeo 02' NOV 1 8 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Snellings, Norman W. 4428 Brook Tree Land Charlotte, NC 28208 DATE: KEF. INV.# 2392 FOLIO # 50891040009 LIEN NUMBER: LEGAL DESCRIPTION: Lots 36 & 37, Holly Terrace, according to the Plat recorded in plat book 4, Page 64 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 22, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of x~iolation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. LITTER CONSISTING OF BUT NOT LIMITED TO: SEPTIC TANK, MOBILE HOME, TRAVEL TRAILER, CANOPY, CYDER BLOCK, SHEDS, CANOE AND ALL OTHER DEBRIS You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a dixect cost of Eight Thousand One Hundred and Eighty ($8,180.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of EIGHT THOUSAND THREE HUNDRED AND EIGHTY ($8,380.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED 1N THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MS'IR LNAL NOV 18 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 l, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORiDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SNELLINGS, NORMAN W. LEGAL DESCRIPTION: Lots 36 & 37, ttolly Terrace, according to the Plat recorded in plat book 4, Page 64 of the Public Records of Collier County, Florida. COST: $8,380.00 REFERENCE#: 2392 FOLIO #: 50891040009 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted properly owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORiDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. palmer, A[sistant County Attorney F: LIEN/MSTR RESOLUTION Tom Herming, Chairman NOV 1 8 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Dominguez et al., John R. 74 Ashley St. Bridgeport, CT 66101 DATE: REF. INV.# 2409 FOLIO # 36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, unit 5, Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on October 7, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUM'ULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFrY FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL AC-~]~OA IT~ NOV 1 8 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: DOMINGUEZ ET AL., JOHN R LEGAL DESCRIPTION: Lot 8, Block 175, unit 5, Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2409 FOLIO #: 36247840000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real andJor personal property o'~med by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C~. ]~almer, Asslstant County Attorney F: LIEN/MS'IR RESOLLrI'qON Tom Hcnning, Chairman t 0V 1 8 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Lewis, TR, Evelyn G. DATE: ITF Evelyn G. Lewis, Trust 1537 Palmetto Avenue Ft. Myers, Florida 33916 REF. INV.# 2385 FOLIO #00135600003 LIEN NUMBER: LEGAL DESCRIPTION: 9 47 29 W 100FT ofE 200FT ofS 215FT of W 1/2 of NE 1/4 of SW 1/4 of NE 1/4.49 AC OR 1129 PG 2296 You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 5, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty-Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED FIlerY-FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MS'IR I.,NAL NOV 1 8 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEWIS, TR, EVELYN G. LEGAL DESCRIPTION: 9 47 29 W 100FT orE 200FT ofS 215FT of W 1/2 of NE 1/4 of SW 1/4 of NE 1/4.49 AC OR 1129 PG 2296 COST: $255.00 REFERENCE#: 2385 FOLIO #: 00135600003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COLrNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C.~Palmer, .~.ssistant County Attorney F: LIEN/MSTR RESOLLvrlON Tom Henning, Chairman NOV 18 2003- t'"' BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Hull, Richard & Rosana DATE: 819 S. Grey Rd Auburn Hills, MI 48326 REF. INV.# 2386 FOLIO # 54850840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 61, Lely Country Club Tanglewood II, as filed in Plat Book 13, Pages 114 and 115, of the public records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, arc hereby advised that thc Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 22, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIIqTY FIVE DOLLARS ($255.oo). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MS'IR INAL NOV 1 8 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: HULL, RICHARD & ROSANA LEGAL DESCRIPTION: Lot 61, Lely Country Club Tanglewood II, as filed in Plat Book 13, Pages 114 and 115, of the public records of Collier County, Florida COST: $255.00 REFERENCE#: 2386 FOLIO #:54850840000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed 'and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. AWl'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: L]E'N/MSTR RESOLUTION Tom Henning, Chairman NOV 18 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HuH, Richard & Rosana DATE: 819 S. Grey Rd Auburn Hills, MI 48326 REF. INV.# 2356 FOLIO # 54850840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 61, Lely Country Club Tanglewood II, as filed in Plat Book 13, Pages 114 and 115, of the public records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 22, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Eighty Five ($85.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of T~VO HUNDRED AND EIGHTY FIVE DOLLARS ($285.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR L.NAL NOV 1 8 2003. ,,.2.° RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: HULL, RICHARD & ROSANA LEGAL DESCRIPTION: Lot 61, Lely Country Club Tanglewood II, as filed in Plat Book 13, Pages 114 and 115, of the public records of Collier County, Florida COST: $285.00 REFERENCE#: 2356 FOLIO #:54850840000 The Clerk shall (by regular mail) mail a copy of this Resolution along xMth the Notice of Assessment of Lien to the ortner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and du~y adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ., 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLLrHON Tom Henning, Chairman NOV 1 8 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Silver Trs, Stuart DATE: Garshell, Steven Beacon Properties SW FL LLC 620 B Center Road Ft Myers, FL 33907 REF. INV.# 2377 FOLIO # 68300002627 LIEN NUMBER: LEGAL DESCRIPTION: Lot 31 of the Port of the Islands, Phase Two, according to the plat thereof as recorded in Plat Book 21, Pages 1 through 4, o fthe public records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in thc records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 21, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost,'by Resolution of th6 Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: I.~NS/MFrR L~AL NOV ! 8 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SILVER, TRS, STUART LEGAL DESCRIPTION: Lot 31 of the Port of the Islands, Phase Two, according to the plat thereof as recorded in Plat Book 21, Pages 1 through 4, o f the public records of Collier County, Florida COST: $255.00 REFERENCE#: 2377 FOLIO #:68300002627 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the ox~mer fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MS'IR R.ESOLUTION Tom Henning, Chairman NOV 1 B 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Dominguez et al., John R. 74 Ashley St. Bridgeport, CT 66101 DATE: REF. INV.# 2334 FOLIO # 36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, unit 5, Golden Gate, according to thc plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 8, 2003, and ordered the abatement of a certain nuisance existing on the above prope~ prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCU3IULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFFY FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN .COLLIER COUNTY. F: LIENS/MSTR LNAL NOV 1 8 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annam. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: DOMINGUEZ ET AL., JOHN R LEGAL DESCRIPTION: Lot 8, Block 175, unit 5, Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2334 FOLIO #: 36247840000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATYEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C~. Pal~er, ~ssi,~t C~y F: LIEN/MSTR RESOi./OTION Tom Henning, Chairman ACtA ITEM. I NOV 18 2003, I BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Gray, Est., Charlie Mae DATE: Willie James Underwood Est C/O Mary Underwood PO Box 452 Lehigh Acres, FL 33972 REF. INV.# 2339 FOLIO # 56402760002 LIEN NUMBER: LEGAL DESCRIPTION: Lots 9, 10 and 11 of Block Two, of that certain subdivision known as Main Line Subdivision, as recorded in the public records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 5, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGRO'~VTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of One Hundred and Fifty ($150.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of THREE HUNDRED AND FIFTY DOLLARS ($350.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL NOV 18 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 t, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together ~4th a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (I 2%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to ~vit: NAb, YE: GRAY EST., CHAP, LIE MAE LEGAL DESCRIPTION: Lots 9, 10 and 11 of Block Two, of that certain subdivision kno~vn as Main Line Subdivision, as recorded in the public records of Collier County, Florida COST: $350.00 REFERENCE#: 2339 FOLIO #:56402760002 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If x~4thin twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal properly owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and .--(%_ ---)/t unt Thomas ~. Pale~e~,Assistant Co y Attorney F: 13EN/MS'IR RESOLUTION Tom Henning, Chairman NOV 1 8 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Ramirez, Licimaco DATE: 545 Production Blvd Naples, FL 34104 REF. INV.# 2295 FOLIO # 48730040004 LIEN NUMBER: LEGAL DESCRIPTION: PARCEL: Lots 1, 2, and the North 20' of Lot 3, Block A, Haldeman River Subdivision recorded in Plat Book 2, Page 87, Public Records of Collier County Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on or about January 2, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of One Hundred and Fifty ($150.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of THREE HUNDRED and FIFTY DOLLARS ($350.00). Such cost, by Resolution of the Boaxd of County Commissioners of Collier County, Florida, shall become a lien on your propen'y when recorded after approval by the Board. FAILURE TO TIMELY PAY TIIE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL NOV 1 8 2003, RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COlVlIvlISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beg/nning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: RAMIREZ, LICIMACO LEGAL DESCRIPTION: Lots 1, 2, and the North 20' of Lot 3, Block A, Haldeman River Subdivision recorded in Plat Book 2, Page 87, Public Records of Collier County Florida. COST: $350.00 REFERENCE#: 2295 FOLIO #: 48730040004 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ~ 2003. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COIVIIvlISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Tom Henning, Chairman Approved as to form and Legal sufficiency:~ {)~,.,~ Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION A ' NOV 1 8 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Buitrago, Alvaro & Veronica DATE: 10033 SW 164th PI Miami, FL 33196 REF. INV.# 2297 FOLIO # 35992960003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 14, Block 93, GOLDEN GATE, Unit 3, according to the Plat thereof as recorded in Plat Book 5 at Page 100, &the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on November 15, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a dh-ect cost of Fifty-Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR IN,M. NOV 1 8 2003- RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BUITRAGO, ALVARO AND VERONICA LEGAL DESCRIPTION: Lot 14, Block 93, GOLDEN GATE, Unit 3, according to the Plat thereof as recorded in Plat Book 5 at Page 100, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2297 FOLIO #: 35992960003 The Clerk shall Coy regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described propea'ty. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: ,/~ ~ F: LIEN/MSTR RESOLUTION Tom Henning, Chairman NOV 1 B 2003- Patton, Lorraine Eilison, Nicole M. PO BOX 444 Copeland, FL 34137 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: KEF. INV.# 2391 FOLIO # 01134801802 LIEN NUMBER: LEGAL DESCRIPTION: See attached Exhibit "A". You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 22, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. LITTER CONSISTING OF BUT NOT LIMITED TO: MATRESS, TIRES, WOOD, GLASS, PLASTIC, METAL AND ALUMINIUM, DETERIORATED MOBILE HOME AND ADDITION. You failed to abate such nuisance; whereupon, it xvas abated by the expenditure of public funds at a direct cost of Twenty Three Thousand and Five Hundred ($23,500.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWENTY THREE THOUSAND AND SEVEN HUNDRED ($23,700.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LlqAL NOV 1 8 2003. 2153931 ~: 2289 l~: 1618 horeof. NOV 1 i~ 2003. - *' OR: 2289 i'G: 1619 I,lI I~1 ~lM~'IlI~I$I' 1I~q, ~ NOV 1 8 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAbIE: PATTON, LORRAINE AND ELLISON, NICOLE LEGAL DESCRIPTION: See attached Exhibit "A". COST: $23,700.00 REFERENCE#: 2391 FOLIO #: 01134801802 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day o£ ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and ~-~- ~h%m---~s C. ,~c , ' ty y Tom Herming, Chairman F: LIEN/MSTR RESOLUTION . NOV 18 2003. hereof. A~A rlTdd / NOV 18 2003. .t OR: 2289 PG: 1519 ttt L,,. IIC~M,I ~Itl~ ftlllA MImr? ' ~1' $3' 1SZS. ~ NOV 1 8 2003. P~. ,~.~F'~ BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Caspian Builders, LLC P.O. Box 8786 Naples, FL 34101 DATE: REF. INV.# 2350 FOLIO # 62414480005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 35, Block 7, Unit No. 1, NAPLES PARK, according to the Plat in Plat Book 1, Page 106, Public Records of Collier County, Florida You, as the ox~mer(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 9, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL NOV 18 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of t~velve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CASPIAN BUILDERS, LLC. LEGAL DESCRIPTION: Lot 35, Block 7, Unit No. 1, NAPLES PARK, according to the Plat in Plat Book 1, Page 106, Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2350 FOLIO #: 62414480005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If w/thin twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed' and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and c. ^.o ey Tom Henning, Chairman AC, EnO^ ~ NOV 1 8 2003. F: LIEN/MSTR RESOLUTIOIq BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DEONARINE, ANGELA 1944 PICCADILLY NAPLES, FL. 34112 DATE: REF. INV. 2355 FOLIO # 55201960004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 49, Lely Country Club - Muirfield, according to the Plat thereof, recorded in Plat Book 14, Page 75 Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on JULY 22, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR L.NAL NOV 1 B 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: DEONARINE, ANGELA LEGAL DESCRIPTION: Lot 49, Lely Country Club - Muirfield, according to the Plat thereof, recorded in Plat Book 14, Page 75 Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2355 FOLIO# 55201960004 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property o~med by the noted property owner(s) in Collie. r County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and LIEN/MSTR RESOLUTION Tom Henning, Chairman NOV 18 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Wilkinson-Meffert Cnst Co lnc % Avatar 201 Alhambra Circle Coral Gables, FL 33134 DATE: REF. INV.# 2372 FOLIO # 357613200007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 18, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, l~y Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL NOV 1 B 2003- RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WILKINSON-MEFFERT CONSTRUCTION COMPANY, INC LEGAL DESCRIPTION: Lot 8 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2372 FOLIO#: 357613200007 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Re~olution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Leg~ s...~31ffi~cy: ~ -~'~ C.~me~r, Ass~tant Coun~ty Attorney F: LIEN/MSTR RESOLUTION Tom Henning, Chairman NOV 18 21)03. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Wilkinson-Meffert Cnst Co Inc % Avatar 201 Alhambra Circle Coral Gables, FL 33134 DATE: REF. INV.# 2370 FOLIO # 35761360009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9 Block 40, [Init 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Properly Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 18, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL NOV 1 8 2003- RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to ~4t: NAME: WILKINSON-MEFFERT CONSTRUCTION COMPANY, INC LEGAL DESCRIPTION: Lot 9 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2370 FOL10 #: 35761360009 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the o,~mer(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon ali other real and/or personal property ox~ed by the noted property owner(s) in Collier County. This R~solution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ., 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and F: LIEN/MS'IR RESOLU'I'ION Tom Henning, Chairman NOV 18 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Wilkinson-Meffert Cnst Co Inc % Avatar 201 Alhambra Circle Coral Gables, FL 33134 DATE: REF. INV.# 2371 FOLIO # 35761400008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 18, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF ~VEEDS, GRASS, OR OTHER SISIILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MffrR LNAL AGENDA ~, NOV 1 8 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE W1TH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: : NAME: WILKINSON-MEFFERT CONSTRUCTION COMPANY, INC LEGAL DESCRIPTION: Lot 10 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2371 FOLIO #: 35761400008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within ~'enty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. ?almer, Assistant County Attorney F: LIEN/MS'IR KF~OLWFK)N Tom Henning, Chairman NOV 18 2O03. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Wilkinson-Meffert Cnst Co lnc % Avatar 201 Alhambra Circle Coral Gables, FL 33134 DATE: REF. INV.# 2373 FOLIO # 35761200004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of thc Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 18, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). St~ch cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: ~S/MSTR LNAL RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, 1N ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WILKINSON-MEFFERT CONSTRUCTION COMPANY, 1NC LEGAL DESCRIPTION: Lot 5 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2373 FOLIO #: 35761200004 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ., 2003. ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas 12. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION Tom Henning, Chairman NOV 1 8 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Wilkinson-Meffert Cnst Co Inc % Avatar 201 Alhambra Circle Coral Gables, FL 33134 DATE: KEF. INV.# 2388 FOLIO # 35761160005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, aye hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 17, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fi~y Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFFY FIVE DOLLARS ($255.O0). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MS'IR LNAL NOV 18 2003, RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WlLKINSON-MEFFERT CONSTRUCTION COMPANY, INC LEGAL DESCRIPTION: Lot4 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2388 FOLIO #: 35761160005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas ~. Palm~, fi,.ssi-stant County Attorney F: LIEN/MS'IR RESOLUTION Tom Henning, Chairman AGE~A I'l'F.~ t. NOV 18 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MONTCLAIR FAIRWAY ESTATES BLDG CORP 800 HARBOUR DR. #3 Naples, Fi. 34103-4451 DATE: REF. INV.# 2333 FOLIO # 31055005252 LIEN NUMBER: LEGAL DESCRIPTION: Lots 22, Block M, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETFONE PARK, Phase One, according to the plat thereof, recorded in Plat Book 17, Pages 47 thru 49 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 2, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND HFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR laN'AL NOV ! 8 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 l, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description &said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: MONTCLAIR FAIRWAY ESTATES BLDG CORP LEGAL DESCRIPTION: Lots 22, Block M, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETTONE PARK, Phase One, according to the plat thereof, recorded in Plat Book 17, Pages 47 thru 49 of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2333 FOLIO #: 31055005252 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ., 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas ~.-Palmer, AsSistant County Attorney F: LIEN/MSTR RESOLLrHON Tom Herming, Chairman AGENOA I~1~ NOV 18 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN FENTON, BONNIE L. 239 OSPREY LNDG UNIT 206 NAPLES, FL. 34104-6638 DATE: REF. 1NV.# 2331 FOLIO # 36449960005 LIEN NUMBER: LEGAL DESCRIPTION: Lots 1, Block 256, Golden Gate Unit 7, according to the plat thereof, recorded in Plat Book 5, Pages 135 though 146, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 27, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SII~HLAR NON- PROTECTED OVERGRO'~VTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL NOV 1 8 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Fenton, Bonnie L. LEGAL DESCRIPTION: Lots 1, Block 256, Golden Gate Unit 7, according to the plat thereof, recorded in Plat Book 5, Pages 135 though 146, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2331 FOLIO #: #36449960005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ., 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RE~OLUTION Tom Henning, Chairman NOV 18 2003: BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN AVILA, FILOMENO & MARIA 5590 16TM Pl. SW Naples, Fl. 34116-4943 DATE: REF. INV.# 2305 FOLIO # 35987920003 LIEN NUMBER: LEGAL DESCRIPTION: Lots 22, Block M, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETTONE PARK, Phase One, according to the plat thereof, recorded in Plat Book 17, Pages 47 thru 49 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 30, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SI31ILAR NON- PROTECTED OVERGRO~VTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFFY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL AGENDA I'I~EM / 18 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: A¥ILA, FILOMENO & MARIA LEGAL DESCRIPTION: Lots 13, Block 87, Golden Gate Unit 3, according to the plat thereof, recorded in Plat Book 5, Pages 100, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2305 FOLIO #: 35987920003 The Clerk shall Coy regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution i~assed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ., 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION Tom Henning, Chairman A~A II~ NOV 1 8 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WISNIEWSKI, LEONARD 1209 N TAMIAMI TIlL LOT 35 N. FI' MYERS, FL 33903-5356 DATE: REF. INV.# 2368 FOLIO # 56405240008 LIEN NUMBER: LEGAL DESCRIPTION: Lots 33 & 34, Block 5, MAINLINE SUB, PB 1, PG 98 of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 11, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIEIq$/MSTR I..NAL RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WlTH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as mended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WISNIEWSKI, LEONARD LEGAL DESCRIPTION: Lots 33 & 34, Block 5, MAINLINE SUB, PB 1, PG 98 of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2368 FOLIO #: 56405240008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this .... day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIElq/MSTR RESOL1JTION Tom Henning, Chairman N0V 18 2003. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SCHUMACHER, HERMANN & ILSE BECKSTRASSEE 53 D 64287 DARMSTADT GER3LS, NY DATE: KEF. INV.# 2357 FOLIO #36430400008 LIEN NUMBER: LEGAL DESCRIPTION: Lots 10, Block 230, Unit 7, Part GOLDEN GATE ACCORDING TO PLAT THEREOF RECORDED IN plat Book 5, Page 135 thru 146, inclusive, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 28, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL A~ENDA ffF..~ o NOV 1 8 2003 .. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided'in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SCHUMACHER, HERMANN & ISLE LEGAL DESCRIPTION: : Lots 10, Block 230, Unit 7, Part GOLDEN GATE according to plat thereof recorded in Plat Book 5, Page 135 thru 146, inclusive, of the Public Records of Collier County, Flor/da. COST: $255.00 REFERENCE#: 2357 FOLIO #: 36430400008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County.' This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. Pal/-ner, Assistant County Attorney F: LIEN/MSTR RESOI.IYrlON Tom Henning, Chairman NOV 18 201 1. i BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LA RUE, CLAUDE E. 7012 CHADWELL RD. SW HUNTSVILLE, AL. 35802-1712 DATE: REF. INV.# 2353 FOLIO #62092120004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3, Pages 67 and 68. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 21, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIIqTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL NOV 18 2O03. .,. RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS} as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LA RUE, CLAUDE E. LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3, Pages 67 and 68. COST: $255.00 REFERENCE#: 2353 FOLIO #: 62092120004 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Regolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency:. Thomas' (~. Palmer, Assistant County Attorney Tom Henning, Chairman F: LIEN/MS'IR RESOLUTION NOV 1 a 2[lIB. EXECUTIVE SUMMARY APPROVAL OF THE MORTGAGE AND PROMISSORY NOTE GRANTING A TWO HUNDRED THOUSAND ($200,000) DOLLAR LOAN TO CREATIVE CHOICE HOMES XIV, LTD. THROUGH THE AFFORDABLE HOUSING RENTAL DEVELOPMENT ASSISTANCE PROGRAM. OBJECTIVE: To increase the supply ofworkforce housing in Collier County. CONSIDERATION: The Collier County Financial Administration and Housing Department has set aside $200,000 fi.om the Affordable Housing Trust Fund for a zero interest loan to Creative Choice Homes XIV, Ltd. This zero interest loan is provided for by Rental Development Assistance program approved by the Board of County Commissioners on September 9, 2003. FISCAL IMPACT: Approval of this Mortgage and Note will grant a $200,000 loan to Creative Choice Homes XIV, Ltd. fi.om the Affordable Housing Trust Fund. Total payment shall be $200,000 due by November 1,201(}. Recording costs will be paid to the Clerk of Courts fi.om the Affordable Housing Trust Fund. The $200,000 loan shall represent both the FY03 and FY04 allocations of the Rental Development Assistance Program, funded by Collier County's Affordable Housing Inter- Local Agreement with the City of Marco Island. These funds are available in the Affordable Housing Trust Fund. GROWTH MANAGEMENT IMPACT: This loan to Creative Choice Homes XIV, Ltd. will allow Collier County to enhance the development of workforce housing in accordance with the Housing Element of the Growth Management Plan of Collier County. RECOMMENDATION: That the Mortgage and Promissory Note. SUBMITTED BY: ~ Board of County Commissioners approve the Con[nac J. Giblin, Man~l~er .Financial A~trat]or~ and Housing Department REVIEWED BY: I(~_/C~/ Date: Denton Baker, Director Financial Adm~n~istration and Houl~ng Department Prepared by: Collier County Financial Administralion and Housing Dept. Mr. Cormac Giblin, Housing De','. Manager 2800 N. Horseshoe Dr. Naples, FL 34t04 941-403-2330 MORTGAGE Security Instrument THIS SPACE FOR RECORDINLi THIS SECURITY iNSTRUMENT is given on Noveml~er 1, 2003. The Borrower is: Creative Choice Homes XIV, Ltd. ('Borrower"). This Security Inslrunhent is given to Collier County ("Lender"), which is organized and existing under the laws of the United States of America, and whose address is 2800 North Horseshoe Drive, Naples, Florida 34014 . Borrower owes Lender the sum of Two Hundred Thousand Dollars (U.S.$ 200,000.00 ). 'rhis debt is evidenced by Borrower's Nole dated the same date as this Security Instrument which provides for monthly payments, with the lull debt, if not paid earlier, due and payable on November 1, 2 0 10. This Security instrument secures lo Lender: (a) the repayment of the debt evidenced by the Nole, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrumenl and the Note. For this purpose, Borrower does hereby second modgage, grant and convey to Lender the following described properly located in Collier County, Florida. As more particularly described in Attachment A. (Legal Description) and which has the address of: ("Property Address"): 8587 Barot Drive Naples, FL 34104 TOGETHER WITH all the improvements now or hereafter erected on the property, and ali easements, rights, appudenances, rents, royalties, mineral, oil and gas righls and profits, water rights and stock and all fixtures now or herealter a part of the property. All replacemenls and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrum~Clht as the "Property". BORROWER COVENANTS thal Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey lhe Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security inslrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepaymenl and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes, The Mortgagor will pay all taxes, assessments, sewer rents o¢ ~¢vater rates prio/Io the accruat of any penalties or inlerest thereon. The Mortgagor shall pay or cause to be paid, as the same respectively become due, (A)(1) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Properly, (2) all utility and other charges, including "service charges", incurred or imposed for the operation, maintenance, use, occupancy, upkeep and improvement of the Property, and (3) all assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Modgagor shall be obligated under the Modgage to pay or cause to be paid only such installments as are required 1o be paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such paymenf. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all faxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall promptly lumish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments, Borrower shall promptly discharge any lien which has priority over this Security Instrumenl unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the tien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or fodeiture or to enforce laws or regulations), then Lender may do and pay tor whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Secudty Instrument, appearing in court, paying reason.able attorneys' fees and entering on Ihe Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument, Unless Borrower and Lender agree to other farms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 6. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice al the time of or prior to an inspection specifying reasonable cause for the inspection. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Properly, or for conveyance in lieu of condemnation, are hereby assigned and shali be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, wilh any excess paid to Borrower. In the event of a partial taking of the Properly, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount ol the sums secured by this Security instrument immediately before lhe taking, unless Sorrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by lhe amount of the proceeds multiplied by the lollowing fraction: (a) the total amoun¢of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a padial laking o! Ihe Properly in which the fair market value ol the Properly immediately before the taking is less than the amount ct the sums secured immediately for the taking, unless Sorrower and Lender otherwise agree in writing or unless applicable law ctherwise provides, lhe proceeds shall be applied to Ihe sums secured by this Security Instrumenl whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the ?onthly payments referred to in paragraphs 1 or change the amount of such payments. 8. Borrower Not Released, Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in inlerest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reascn of any demand made by the original Borrower or Borrowers successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 9. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benelit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. Borrower's covenants and agreemenls shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note; (al is co-signing this Security Instrument only Io modgage, grant and convey thai Borrower's interest in the Property under the terms of this Security Inslrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees thai Lender and any other Borrower may agree to extend, modity, forbear or make any accommodations with regard to the terms of this Security instrument or the Note withoul thai Borrowers consenl. 10. Loan Charges. II the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or olher loan charges collected or to be collected in connection with the loan exceed the permilted limits, then: (a) any such loan charge shall be reduced by the amounl necessary to reduce the charqe to the permitted Iimit; and (b) any sums already col!ecled from Borrower which exceeded permitted limits will be .refunded'lo Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment Io Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 11. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 12. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdictior~ in which the Property is located. In the event that any provision or clause of this Security instrument or the Note conflicts wilh applicable law, such conflict shall not aftect other provisions ol Ibis Security Instrument or the Note which can be given elfect wilhout the conflicting provision. To this end the provisions of this Security Instrument and 1he Note are declared to be severable. 13. Borrower's Copy. Borrower shall be given one conformed copy ct the Nole and of this Security Instrument. 14. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part ol Ihe Propedy or any interesl in it is sold or Iransferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a nalural person) without Lenders prior written consent, Lender may, at its option, require immediate payment in lull of all sums secured by this Security Instrument. However, this oplion shall not be exercised by Lender if exercise is prohibited by federal law as of the date of lhis Security Instrumenl. If Lender exercised this option, Lender shall 9ire Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security instrument If Borrower fails to pay these sums prior to the expiration of this pedod, Lender may invoke any remedies permitted by this Security Instrument without lurther notice or demand on Borrower. 15. Borrower's Right to Reinstate. It Borrower meets cerlain conditions, Borrower shall have the right to have enforcement of this Security Inslrument discontinued at any time prior lo lhe earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatemenl) before sale ol lhe Property pursuant to any power of sale contained in this Security Instrument; or {b) entry of a iudgment enforcing this Security Instrument. Those conditions are that Borrower: (al pays Lender all sums which then would be due under this Security instrument and lhe Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's dghts in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security instrument and the obligations secured hereby shat1 remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 16. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Secudty Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Nole and this Security Inslrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of lhe Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which paymenls should be made. The notice will also contain any other information required by applicable law. 17. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or pdvate party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. [l Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promplly take all necessary reme(Jial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances* are (hose substani;es defined as loxic or hazardous substances by Environmental Law and 1he following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formatdehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 18. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Secudty Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right lo assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorney's fees and costs of the title evidence. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 20. Attorneys' Fees. As used in this Security Inslrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appellate court. SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Borrower: Signed, sealed and delivered in the presence of: Creative Choice Homes XlV, Ltd., Its General Partner Witness#1: Signature: Witness#2: Signature: STATE OF Florida COUNTY OF Collier Signature: John F. Weir, Senior Vice President Address: The foregoing Mortgage was acknowledged before me this by John F. Weir of Creative Choice Homes XlV, Ltd.. He is personally known to me or has produced as identification. signature of person taking acknowledgment name of person typed; stamped title sedal # (if any) No._ NOV 1 8 2003- Altachment A, - Legal Description: PROMISSORY NOTE November 1, 2003 ewer.' Creative Choice Homes XIV, Ltd. ; B&rot Drive Naples, FL 34104 (City) (State) (Property Address) BORROWER(S) PROMISE TO PAY: I/We promise to pay Two Hundred Thousand Dollars ($200,000.00) (this ~unount will be called "principal") to the order of Collier County or to any other holder of this Note (the "Lender"), whose address is 2800 Horseshoe Drive North, Naples, Florida 34104 . I/We understand that the Lender may transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". INTEREST: Interest on this Note shall be zero percent (0%) per annum; except that if I/We fail to pay this Note as required, the interest rate shall be twelve percent (12%) per annum from the date when payment of this Note is due until I/We pay it in full. pAYMENTS: Payment shall be made in one lump sum on November 1, 2010 to the Collier County Financial Administration and Housing Department. I4y/Our total payment shall be U.S. $200,000.00 . BORROWER'S RIGHT TO PREPAY: I/We have the right to make payments of principal at any time before they are due. A pa~ent of principal only is know as a "prepayment". When I/We make a prepa}~ent, I/we. will tell the Note Holder in writing that I/we am doing so. I/We may make a full prepayment or partial prepa}~ent charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I/We make a partial prepayment, there will be no changes in the due date or in the amount Of my monthly payment unless the Note Holder agrees in writing to those changes, if I,We make a partial prepayment, there will be no prepas~ent penalty adhering to cr associated with such prepayment LOAN CHARGES: If a law, which applies to this loan and which sets ~ximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this lean exceed the permitted limits; then (i) any such loan charges shall be reduced by the amount necessary to reduce the charges to the permitted limit; and (ii) any s~ams already collected from me which exceeded permitted limSts will be refunded to me/us. The Note Holder may choose to make this refund by reducing the principal that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial prepayment. SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and conditions of any First Deed of Trust or mortgage and to all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust or mortgage including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Deed of Trust or mortgage, curing defaults by the Borrower under the First Deed of Trust or mortgage or for any other purpose ex"pfessly permitted by the First Deed of Trust or mortgage or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Deed of Trust cr mortgage are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors cr assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that (i) the Lender has been given written notice of a default under the First Deed of Trust and (ii) the Lender shall not have cured the default under the First Deed of Trust within the 30-day period provided in such notice sent to the Lender. BORROWER(S) FAILURE TO ~AY AS REQUESTED: (A) Default If I/we do not pay the full amount as required in Section 3 above, I/we will be in ~efault. If I am in default, the Note Holder may bring about any actions not prohibited by applicable law and require me/us to pay the Note Holder's cost and expenses as described in (B) below. (B) Payment of No~e Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Note Holder will have the right to be paid back ~or all of its costs and ex~penses, including, but not limited to, reasonable attorneys' fees. ~IVIN~ OF NOTICES: Unless applicable law required a different method, any notice that must be given to me/us under the Note will be given by delivering it or by mailing it by first class mail to me at the Property Address on Page 1 or at a different address if I/we give 1 10. 11. the Mote Holder a notice of my/our different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the addKess stated in Section 3(A) or at a different address if I/we have been gi';en a notice of That different address. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each person is fully and personally obligated to keep all of the premises made in this Note, including the promise to pay the full amount owed. Any person who is a quarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its r. ights under this Note against each person individually or against all of us together. This means that any one of us may be re~ired to pay all of the amounts owed under this Note. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. 'Presentment" means the right to require the Note Holder to demand pa~ent of amounts due.. "Noticeof Dishonor" means the right to re,dire the Note Holder to give notice to other persons that amounts due have not been paid. UNIFORM SECURED NOT~: This Mote is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I/we do not keep the promises which I/we make in this Note. That Security Instrument describes how and under what conditions I/we may be required to make immediate payment in full of all amounts I/we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Bert©wet If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred And Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, re,lire immediate pak~ent in full or all sums secured by this Security Instrtunent. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall Dive Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is deli\~ered or mailed, within which Borrower must pay all shuns secured by this Security Instru/nent. If Borrower{s) ~ail to pay these sums prior to the expiration of this peri?d, Lender may invoke any rem=d~=s m=rra~ed by this Security Instrument without further notice or demand cn Borrower- Notwithstanding the above, the Lender's rights to collect and aDply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Deed of Trust. This note is governed and construed in accordance with the Laws of the State of Florida. WITNESS THE HAND(S) AND SF~AL(S) OF THE UNDERSIGNED- By: Creative Choice Homes XIV, Ltd., Its General Partner Borrower: John F. Weir, Senior Vice President (Seal) RETURN TO: collier County F~nanc~al Administration and Housing Department 2800 North Horseshoe Drive Naples, FL 34104 Phone: (941) 403-2330 Fax: (941} 403-2331 2 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS ("BCC") AUTHORIZE THE ENGINEERING SERVICES DEPARTMENT TO PETITION THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO DELEGATE A PORTION OF THE ENVIRONMENTAL RESOURCE PERMITTING PROGRAM. OBJECTIVE: To authorize the Engineering Services Department to petition the South Florida Water Management District ("District") to formally delegate a portion of its environmental resource permitting program. CONSIDERATIONS: Collier County may petition the District to receive delegation of all or a portion of the District's responsibilities under the environmental resource permit program by following the procedures as set forth in subsection 62-344.300(1) F.A.C. These procedures require the County to file a petition for delegation with the District. Collier County presently reviews the Water Management Systems for free-standing projects less than 40 acres in size containing no wetlands. SFWMD, thorough its rules, delegated this review authority to Collier County in September 1980, and, while the occasional clarification letter has been sent by SFWMD, there has been no formal legal agreement between SFWMD and Collier County. County staff desires to seek delegation from the South Florida Water Management District ("District") of a portion of certain permitting, compliance, and enforcement responsibilities, associated with implementation of the Environmental Resource Permit program under part IV of chapter 373 of the Florida Statutes. The delegation would include County responsibility for (1) the Management and Storage of Surface Waters permit programs under subsections 373.414(11)-(16) of the Florida Statutes and (2) for the Management and Storage of Surface Waters permit programs under subsections 373.414(11)-(16) of the Florida Statutes. If the District grants the County's Petition, then any subsequent delegation agreement that is negotiated by staff with the District will be scheduled for BCC consideration and approval. FISCAL IMPACT: None. CDES charges a review fee based on the size of the project to recoup staff costs. GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan associated with the filing of the petition or with any subsequent delegation agreement entered into by the BCC and the District. RECOMMENDATION: That the Board of County Commissioners authorize the Engineering Services Department of the Community Development and Environmental Services Division in coordination with the Office of the County Attorney to petition the South Florida Water Management District ("District") to delegate a portion of its Environmental Resource Permitting program. NOV 1 2003. PREPAY: .4 gTAN Cm~ZAgqOWSf, P.E. MANAGER Date: REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING SERVICES DIRECTOR Date: APPROVED BY: . . ERV. Date: 2 ,~_ lO,/4 NOV 18 2003. pg._ EXECUTIVE SUMMARY PETITION CARNY-2003-AR-5015, PASTOR ETTORE RUBIN, c.s., OUR LADY OF GUADALUPE CHURCH, . REQUESTING PERMIT TO CONDUCT A CARNIVAL FROM NOVEMBER 26, THROUGH NOVEMBER 30, 2003, -ON THE CHURCH PROPERTY LOCATED AT 207 SOUTH 9TM STREET IN IMMOKALEE: OBJECTIVE: Pastor Ettore Rubin, c.s., of Our Lady of Guadalupe Church, is requesting that the Board of County Commissioners approve a permit to conduct a carnival from November 26 through November 30, 2003, on the Church property located at 207 South 9th Street in Immokalee. CONSIDERATIONS: Pastor Ettore Rubin, c.s., of Our Lady of Guadalupe, 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 of a carnival permit other than their request to waive the surety bond. FISCAL IMPACT: The $275.00 permit application fee does cover the cost of processing and required inspections. The applicant has requested a waiver of 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 MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve the permit to conduct the annual Our Lady of Guadalupe Church carnival. PREPARED BY: // SUSAN/~URR~Y, A~ICP, DIRECfOR DATE DEPAI~MENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY~ APPROVED BY: ! //-DATE /A/DMINISTRATOR {ot2OMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS. Our Lady of Guadalupe Carnival Ex Summ AGF..NOA rl'~ NOV 1 200:], NOTE:Please read reverse sidle before completing this Petition. Copy: Zoning Director Copy: Petitioner CARNIVAL OPERATION PETITION PETITION NO. DATE: November 7, 2003 PETITIONER'S NAME: Our Lady of Guadalupe Catholic Church PETITIONER'S ADDRESS: 207 South 9t~ Street, lmmokalee, Florida 34142 TELEPHONE: (239)657-2666 or 657-6303 PROPERTY OWNER'S NAME: Ettore Rubin, c.s. PROPERTY OWNER'S ADDRESS: 207 South 9t~ Street, lmmokalee, Florida 34142 TELEPHONE: (239)657-2666 or 657-6303 LEGAL DESCRIPTION OF SUBJECT PROPERTY: SE¼, NE¼ of the SW¼ of Section 4, Township 47 South, Range 29 East, Collier County, Florida. GENERAL LOCATION: 1 block South of State Road 29 on 9a' Street in Immokalee, Florida. CURRENT ZONING: RMF-6 '~'- CURRENT USE: Place of Worship NATURE OF PETITION: A request is hereby made for a permit from Collier County to hold our annual carnival from November 26 thru November 30, 2003. THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE REVERSE SIDE.) 3.a.. Yes 3.e.1) Yes 3.e.4) Yes 3.e.7) Yes 3.b. Yes 3.e.2) Yes 3.e.5) Yes 3.e.8) Yes 3.c. Yes 3.e.3) Yes 3.e.6)-'~~ 3.e.9) Yes 3.d. Yes Comments: SIGNATUt~ OF PETITI R DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: -.Conditions of Approval: NOV 1 8 2OO3- SIGNATURE OF COUNTY MANAGER ection 3a. Section 3b. Section 3c. Section 3e. 6. CARNIVAL OPERATION PETITION November 7, 2003 A surety bond. Applicant is requesting a waiver of the surety bond due to the annual carnival being held on the Church grounds. Evidence of current public liability is herein attached to this petition from both our Church and the Tolve Presentations, Inc. Permit fee of $275.00 (Two Hundred Seventy-Five dollars) is herein attached per check. Information as you requested: Tolve Presentation, Inc., of 269 Orient Way Lyndhurst, New Jersey 07071, will provide the carnival rides again this year. Our Lady of Guadalupe Catholic Church, 207 South 9th Street, Immokalee, Florida 34142, will sponsor said carnival. As the Bishop's representative, Rev. Ettore Rubin, c.s., is solely responsible of the Church affairs. FOOD STAN~, S: Light foremostly Mexican and Haitian dishes, hamburgers, hot dogs, each being nm by a team of five (5) persons. SOFT DRINKS will be served from two (2) booths separated by food stands. NO ALCOHOLIC BEVERAGES will be sold or allowed on the church grounds. MECHANICAL RIDES for children and adults, since the availability of rides contingents upon what other areas Tolve Presentation, Inc. is working at the time, it is almost impossible to know which specific rides will be offered. GAMES OF SKILL or chance will be the type not prohibited by Florida State law. ACTIVITIES: 1. Games of skill will be provided by Tolve Presentation, Inc. who will pay a fee' percentage of the earnings. 2. Games mn by Our Lady of Guadalupe: 1. Loteria (Mexican Bingo) Names and Social Security numbers of each person that is responsible for a booth. Since neither Mr. Tolve nor I, Father Ettore Rubin, will know ahead of time which particular worker will be at the carnival, I am unable to provide, at this time, their names or Social Security numbers. Our parishioners are as follows: Kitchen and Food Booths NAME Gerardo Alfaro Natividad Ayala Adan Contreras Anastacio Contreras Gloria Contreras Norma Contreras Sylvia Contreras Natividad Gamez EMPLOYEE OR PARISHIONER Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner SOC. SECURITY 449-80-9292 455-6~ -2495 /b 460-6:-43~. 263-6 -49~¥ 451-6 -6gov I 8 2003 265-T -9524 387-4: .-294~. ~ 10. 11. Kitchen and Food Booths (Cont'd) EMPLOYEE OR .N~ Dahlia Garcia Salvador Garcia Anis Gedeon Irma Gomez Aurora Hemandez Satumino Hemandez Artemio Lozano Laura Lozano Andres Marquez Benjamin Marquez Isabel Marquez Jose A. Marquez Jose M. Marquez Maria Marquez Nereida Marquez Nora M. Marquez Rueben Marq~ez Digna Martinez Rosa Martinez Lucy Ortiz Neftili Ortiz PARISHIONER Parishioner Parishioner Church employee Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Church employee Parishioner Church employee Parishioner Parishioner Parishioner Parishioner Parishioner SOC. SECURITY 262-83-0179 267-91-3047 594-39-3280 595-54-6020 460-33-8391 460-33-9200 267-62-9181 263-68-1167 534-84-4685 592-05-0861 266-93-7617 266-79-7909 092-42-8226 261-04-5155 266-93-8520 264-77-8255 092-42-8033 261-97-4679 265-13-4519 463-72-1256 581-86-0094 For a description and sketch of the site, see next page. A water fountain is located in our parish hall, one outside the Soup Kitchen and another in the Church. We have eight (8) functioning toilets in different church buildings and we will rent eight (8) portable toilets for the duration of the carnival. There are four (4) street lights in front of the church, eight (8) in the back and one (1) in the front of the Soup Kitchen. Power will be supplied by a generator from Tolve Presentations, Inc. for their own fides. Plans for garbage, debris and sewerage disposal is as follows. Since our restrooms are permanently installed, we foresee no sewerage problems in this area. The portables will be serviced every day. The food concession booths will operate out of the "Soup Kitchen" and will enable us to use the facilities. Garbage and debris will be taken by truck to the local landfill daily. We have 3 dumpsters and 20 - 30 gallons garbage cans. The cans will be placed around the grounds. Southwest Florida Security has been contacted. Jesse P. Morgan signed contract with Father Ettore Rubin, c.s. This Contract states that there will be three (3) armed and six (6) unarmed, uniformed and certified officers for security to our carnival. Fire extinguishers are available on the property for minor fires. The carnival shall be held from Wednesday, November 26, 2003 throu November 30, 2003. The hours of the carnival shall be from 6:00 p.m. As a legal administrator of Our Lady of Guadalupe Catholic Church, I consent for the carnival to be held on the Church grounds from Nove[] November 30, 2003. ~ Sunday. ~ 11 :~f~.~/,,A, l: r°t Vdh2003: From: (941) 484-1121 To: Our Lady of Guadalupe Church Page: 1/1 Date: 10/27/2003 2:28:58 PM ..' ' .... :. :." '! ..' ~:i .'.. , · '"' .:'"' · ":'{';'"'.'." ;.".'; ...... .i.. [ 305 592~ OUR LA~Y OF GUADALUPE CHUR(~ DIOCESE OF VENICE P. O. BOX 2<~1 VEI~:~,, FLOI~DA 342a4 COVEI~OE$ ~ BiSURER8 AFFORDING OOVI~GE I~lC # ,.~.~ u~a3., '.A ,T~O ..~., .!.Ns. Co, .... ' ...... AI A & B A & C t0&I~4 i 04KI1/03 CP65107,O4 '1O534)4 Slx~Z~.FL-04 04~I~13 o4/Olte4 o4/ot/o4 ~~.~' ! stNCLUDEO.' · A~iI~IUA I'1 Jr.M/-~' NOV 1 8 2003. cOLt.~R COUh'TY The Diocese of Venice in Florida. From Fax humbert. 11/87/2083 12:33 12399369957 .: ': :~ St.t~LCCTV H LLC PA6E 82 CERTIFICATE OF A_BILITY INSURANCE ~ROOUC~R DATE i 10/08/2003 SedM~.# 10~254 THIS CE.R?IFICAT~ I~ I~UED AS A MAI lrr.,ROF INF~)RMATION · ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE INSURANCE COMPANY OF THE A~Et~CM .. HOLDEr. THIS CERTIPICA'I'F- DOES NOT AMEND, EXTENO OR 13t0 UTICA STREET :" AL,TER THE COV~GE AFFORDED BY THE POLICIES BELOW. P.O, BOX iS5 ~; NAtC# OI~I~K)d,4Y, NEW YORK 1:)424 ; INSI. JI~ER8 AFFORDING COVERAGE FIRST FI~C~ EM~OYEEi~ESTiGATioNL~I~, I~: 3745 TAMI~I PORT C~LO~E, FL 33952 ~E~E~ ~IES. ~E~ L~S ~WN ~Y ~V~ A cOVERAGE APPLIES ONLY TO THOSE EMPLOYEES L~ TO BUT NOT SUBCONTRACTORS OF SW FLORIDA SECURITY & INVESTIGATION ADO ON DATE 9/15/O3 CLIENT t~tT2 FOR AN EMPLOYEE LI~T PLEASE CALL 1-800-624-1805. CERTIFICATE -H~__-1Z~'-R. Our Lady of Ouadalupe Catholic Church 207 south 9th Street Immokalee Florida 34142 1,000,000 1 000,000 CANC..F~. ~!ATION ~;HOtJL.D ANY C~ THE A~3~E DE~'I~IBED POt JOES BE C~lJ~ T~ERI[OF, ~ I1.I1.111~ INneR, Iii WI~. ENC)f.~'~:~I TO M~Ji. 30 ~)AYS WRITTEN NO~C£ TO THE CEt~lfl~l~ IMPO~fl~ NO C~L~,A~ NOV 1 8. 2003· Our Lad!' of Ouad Chuc Immokalee, Florida 34142 Mov 07 2003 ll:lSAM ALLIED SPECIALTY ]NSURAMC 727-3S7-1407 p.2 1, C_ER'I'!FIC_ATE OF ABII., TY INSURANCE ~------~ ~lied specialty ~nsurance, inc ~ c~ i, ' ~.~ FIOATE I~ 188UE~ A~ A MATTER OF .---I Trea. sure Island, FL 33706 J 800/237 -]355 ~~ &FF~n ~ ~ ~l~l~s ;~----.JRER$ AFFORDINO ¢O~r~--~M~ E ~-~---~ Tolve Presentations, Inc. ~u,~T.H.~. Insurance Company DBA: Third ~eneration 8628 Constitution Drive Homestead FL 33034 M3MF812 o 04/17/03 04/17/04 $ EVF~T DATE: 11/23/03 Additional Insured: OUR LADY OF GUADA[ through 12/03/03 207 S. 9TH STREET EV~: CAq3RCK FESTIVAL IF~4OKALEE, FL 339 OUR LADY OF GUADALAPE 207 S. 9TH STREET IMMOKALEE, FL 33934 CORD NOV 1 8 2003. ,, k'M~ am m 'mm mmm~ re)re(Nm) m~.m~mm me_. ~,~ k~ l~z~ . ~,rc~ '. ~ t NO," ~, 2003, SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS: Name of event Our Lady of Gu_adalupe Catholic Church Annual Carnival Address of event 219 South 9~' Street, lmmokalee, Florida 34142 Date(s) of event November 26 -30, 2003 Hours of operation Sponsor of event Our Lady of Guadalupe Catholic Church Person in charge of food service Ettore Rubin, c.s. Phone 6:00 p.m. to 11:00 p.m. (239)657-2666 or 657-6303 Number of food and beverage booths 14 Estimated number of attenders expected at the event at one time? 3,000 Number of toilets to be provided: Portable: Male ( 5 ) Female ( 5 ) Permanent: Male ( 8 ) Female ( 8 ) Method of toilet waste disposal: Immokalee Water & Sewer, Inc. and T&M Port-O-Let Services, Inc. Describe method of liquid kitchen waste disposal: Immokalee Water & Sewer, Inc, Describe containers and method of solid waste disposal (garbage): 3 large dumpsters from lmmokalee Disposal plus fifteen (15) 30-gallon trash cans Number of solid waste disposal containers provided: 3 dumpsters Describe facilities and method of hand washing: Sinks at Guadalupe Soup Kitchen and cooler with water spouts, soap and paper towels Describe facilities and method of utensil washing, rinsing and sanitizing: Sink at Guadalupe Soup Kitchen Source of potable water: Immokalee Water & Sewer, Inc. and assorted gallon containers with water spouts. NOV 1 8 2O03: A~ the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? Yes X No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are tree, 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 evem and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter OIE-11. Signatu~.~of Sponsor'~ agent A~A IT~.M ~ I NOV 1 8 2003. Our Lady of Guadalupe Church 207 South 9th Sue. et lmmokalee, Florida 34142 November 7, 2003 Viola Godwin Collier County Sheriff's Office 112 - Ia Street South Immokalee, Florida 34142 IN RE: Annual Carnival This letter is written notification of our annual carnival this year to be held from Wednesday, November 26 - Sunday, November 30, 2003. If you should have any questions or require any additional information in this matter, please feel free to dontact me. Sincerely, Parish Secretary Phone:(239) 657-2666 NOV 18 2003. Fax:(239) 657-3431 Our Lady of Guadalupe Church 207 South 9th Street Immokalee, Florida 34142 November 7, 2003 Leo Rodgers lmmokalee Fire Department 502 E. New Market Road Immokalee, Florida 34142 IN RE: Annual Carnival Dear Mr. Rodgers: This letter is written notification of our annual carnival this year to be held from Wednesday, November 26 - Sunday, November 30, 2003. If you should have any questions or require any additional information in this matter, please feel free to contact me. Nora M. Marquez Parish Secretary NOV I 8 2003. Pr /~ Phone:(239) 657-2666 Fax:(239) 657-3431 OV ! 8 20~3 p~. /~' NOV 1 8 2003. COLLIER COUNTY OCCUPATIONAL LICENSE TAX LICENSE NUMBER: COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 403-2477 _OCATION: 207 9TH STREET SOUTH CONED: IUSINESS PHONE: 657-2666 NON-PROFIT ORGANIZATION ** NOT TRANSFERABLE ** 760288 VISIT OUR VVEBSITE AT: www.colliertax.com THIS LICENSE EXPIRES SEPTEMBER 30, 2004 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. LEGAL FORM ~ * ' ~ ~ ~ OUR LADY OF GUADALUPE CATHOLIC CHURCH - (~UR LADY OF GUADALUPE ~ 207 S 9TH STREET · Q4,' L. C~rlt,c,n I1/7 /~0~v~~2 C~YNF ~cu~tional 760288 , $0.00 P~-I-D $0.~ NUMBER OF EMPLOYEES: ONE DAY LICENSE ,~LASSIFICATION.CIRCUS, CARNIVAL, SIDE SHOW 3LASSIFICATION CODE: 01800002 'his document is an occupational icensetaxony This is not certification ~tlicens~e i;s qualifi~f~9'~L~ It does not permit the licensee to violate any exisiing regulator~ zoning la~4'of'~J'~ s~a_._jte'~ co'~nly o~r cities nor does it exempt the licensee from any other license or permits that may be required by law. 34142 IM3'IOKALEE FIRE CONTROL DISTRICT 502 E. NEW MARKET ROAD, IbI3'IOKALEE, FLORIDA 34142 November 10, 2003 Guadelu~e Catholic Church 211 S. 9"' St. Immokalee, FI. 34142 To Whom it may concern, The lmmokalee Fire Control Dist. will provide fire protection and inspections for the carnival you are planning for November 26-30, 2003. Please provide the date and time that the state ride inspector is scheduled for. When planning the layout, keep in mind that the fire trucks need access. Provide at least 24' fire lane around the midway. Fire extinguishers will be needed per NFPA 10. Fire extinguishers shall be inspected and tagged as required. If you should have any questions, feel fi'ee to call me at 657-2700. Leo F. Rodgers Fire Inspector GENERAL OFFICE (941) 657-2111 FIRE PREVENTION (941) 657-2700 FAX NOV 18 (941) 657-9489 Collier County Sheriff's Office 3301 Tamiami Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774-4434 November 10, 2003 Norma Marquez Our Lady of Guadalupe Church 207 S 9t~ St Immokalee, FL 34142 Dear Ms. Marquez, The Collier County Sheriff's Office has been notified of your upcoming carnival dated Wednesday, November 26 thru Sunday, November 30, 2003. As in years past, we will provide extra patrol for the event. If there are any questions, please call me at 239-657-6168. Immokalee Substation Commander ~ /~, NOV 1 8 2003 Jeb Bush Governor John O. Agwunobi, M.D., M.B.A. Secretaqt November 10,2003 To Whom It May Concern, Pastor Ettore Rubin has conducted an Annual Carnival every year for about the last Ten years. The Lady of Guadalupe Church is getting ready for this year festivities from Nov. 26th to the 30th. They have submitted some of the paper requesting our inspection. This letter is to confirm The Health Department involvement and knowledge of the fair. If you have any questions you can contact me at 658-7303. [;nv. Specialist II Collier County Health Department lNOV 1 8 2003. P,. ,,/~ 419 N. 1st Street Immokalee, Florida * 34142-2200 Telephone (239) 658-7300 Fax ( 239 ) 658-7329 Joan M. Colfer, M.D., M.P.H., Director ' '~,:,~ Collier County ~i! Health Department Coring.. C. mmitted._Uelpi.g. Dedi<.ted Mailing Address: 419 N. 1't Street Immokalee, Florida * 34142-2200 Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners Trans Number 443478 IDate Post Date 11/7/2003 2:18:14 PM 11/7/2003 Payment Slip Nbr AR 5015 I Appl Name: OUR LADY OF GUADALUPE CATHOLIC CHURCH Appl Stage/Status: REVIEW STAGE NO. l/PENDING Address: NORA MARQUEZ 207 So 9TH ST. IMMOKALEE FL 34142 Proj Name: OUR LADY OF GUADALUPE CATHOLIC CHURCH Type: CH TAZ: 0 Subdiv Nbr: 100 Project Nbr: 2001100086 Payor ' OUR LADY OF GUADALUPE Fee Information Fee Code 11CIRC IDescription FAIR & CIRCUS PERMITS GL Account 13113832634122000000 Total Amount $275.00 $275.00 Waived Payments Payment Code Account/Check Number Amount CHECK 1796 $275.00 Memo: Total Cash $0.00 ] Total Non-Cash $275.00 l Total Paid [ $275.00] Cashier/location: MCCAULEYKATY / 1 User: SMITH G Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:l Permit No. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Our Lady of Guadalupe Catholic Church, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Our Lady of Guadalupe Catholic Church, has presented to the Board sufficient evidence that ali criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Our Lady of Guadalupe Catholic Church, has requested a waiver of the, Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO OUR LADY OF GUADALUPE CATHOLIC CHURCH, to conduct a carnival fi.om November 26th through November 30, 2003, in accordance with the terms and conditions set forth in the petitioner's application and all related documents incorporated herein, and attached hereto, as Exhibit "A". (See attached Exhibit "A") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney CARNY-2003-AR-50151CMIsp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: BY: TOM HENNING, CHAIRMAN lofl NOV 1 8 2003. EXECUTIVE SUMMARy REQUEST BY THE LAKE TRAFFORD TASK FORCE FOR REIMBURSEMENT OF A PERMIT FOR AMPLIFIED MUSIC FOR A FREE CONCERT GIVEN BY THE UNITED STATES NAVY BAND COUNTRY CURRENTS TO BE HELD NOVEMBER 16, 2003 OBJECTIVE: The Lake Trafford Task Force is requesting that the Board of County Commissioners approve a reimbursement of the Permit for Music fee for a free concert to be given by the United States Navy Band Country Currents on November 16, 2003 as part of a fund raising event. CONSIDERATIONS: The Lake Trafford Task Force is hosting a fund raising event entitled "Lake Trafford Lives On!" on Sunday, November 16, 2003 at the Lake Trafford Marina and adjacent park with the proceeds going toward the Lake Trafford Restoration Fund. In addition to a barbeque, this event will include a free concert given by the United States Navy Band Country Currents. As this concert will feature amplified music, the Lake Trafford Task Force applied for and was issued a permit for music (Permit No. 03-23) after providing the application fee. FISCAL IMPACT: The application fee for the Permit for Music is $40. The Lake Trafford Task Force has requested a reimbursement of the permit fee as this free concert is part of a fund raising event with the proceeds going to the Lake Trafford Restoration Fund. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: That the Board of County Commissioners find the event to benefit the general public and in doing so approve the reimbursement from the Unincorporated General Fund (Fund 111) of the $40 application fee for the amplified music permit and approve the necessary budget amendment. SUBMITTED BY: APPROVED BY: CDES Admimstration / ~c~seph K. Sch~rr~itt,Adminis'trat°r // ommunity Development & Environmental Services NOV 1 8 2'003. n. / Lake Trafford lives on! Joi~l [~s Sunday, November 16 Noon - 5 p.m. tit Lake Trafford Marina & adjacent park 12 - 2 p.m. Local Singers *- 2-4 p.m. Country Currents BBQ tickets are $25 pet' person (includes d.inner and two drinks). BBQ will feature attthentic Floi-ida specialities. Proceed,v go lcm~ttrd the Lrtke Tra/]ord Restoration Fund. Free concert by the United States Navy Band Country Currents R.S.V.P. by November 7, 21)03. Rctm n Ihe enclosed reply card to make reservations. Your name will be placed on a guest list. Tickets will not be mailed. Please pm'k at L~kc Tmll'l'ord Elemcnlary School on Lake 'l'rafford'Road, hnmokalee. Rcgrclhdly, Immlicnpl)cd facililics are no! available. For I'mthcr delails, call (23!)) 403-4220. NOV 18 2003 I- II PI ,SI PERMIT NUMBER: APPLICATION/PERi~I¥ FOR MUSIC A. PPLICANT NAME: ADDRESS: PHONE NUMBER: SUBMITTAL' DATE: EXPIRATION DATE: TYPE: 'qON-AMPLI FI ED: AMPLI FLED: ~ION-ENCLOSEO: ENCLOSED: ;OMM ~.lNl"r'/' EVENT: _DEC 31,~ (CHECK ALL THAT APPLY) t,~,L (. IU$1NESS OR ESTABLISHMENT WHERE MUSIC WILL BE PRODUCED: lAME: - [ ~ 16~'T-~,F~-% T~S~- F'~c~ . 'EL~PHONE: ~5) ~9 ~, ~ _~ . ~ ~ [ US~NESS OWNERS ~M~PHONE: DURS OF MUSIC: - ~ - G',=~ANYO~ER TIME IS A VIO~TION ENTIFICA~ON OF SOUND, METHOD, AND NUMBER OF LOUDSP~R)S ~D OTHER AMPLI~NG D~ICES:TO BE USED'. 'EREBY CERTIFY THAT I AM THE OWNER OR AUTHORIZED AGENT OF IE AIBOVE STATED BUSINESS/ESTABLISHMENT: INT NAME: -'X" - PROVED: ~ ' ' · _ N~ED: FHORIZED By: =Y OF ORDINANCE PROVIDED TO APP~CA~: ~: - ~40.~ RE ;EIPT NUMBER: YES C3 NO C] n'EM NOV 1 8 2003, PI- '~ Official Receipt - Collier County Board of County Commissioners CDPR 1103 - Official Receipt Trans Number IDate I Post Date 442543 11/4/2003 2:27:54 PM 11/4/2003 Payment Slip Nbr I MS 121537 I LAKE TRAFFORD TASK FORCE Payor' LAKE TRAFFORD BAR B QUE FUND Fee Information Fee Code GL Account 06AMPT 11113891132925000000 Total tDescription AMPLIFIED MUSIC PERMITS Amount$40.00540.00 Waived IPayment Code CHECK Payments IAccount/Check Number 1004 Amount $40.00 Memo: amplified music permit Total Cash Total Non-Cash Total Paid $0.00 $40.00 $40.00[ Cashier/location: MCCAULEYKATY / 1 User: POWERS_J Collier County Board of County Commissioners CD-Plus for Windows 95/NT ITEM NOV 1 8 2003. Printed:l 1/4/2003 2:28:25 PM EXECUTIVE SUMMARY BOARD OF COUNTY COMMISSIONERS TO PROVIDE DIRECTION TO STAFF TO AMEND THE REDEVELOPMENT PLAN APPLICABLE TO THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA (CRA) TO AUTHORIZE THE USE OF THE SPECIFIED TAX INCREMENT FINANCING FUNDS FOR THE IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM, FEE PAYMENT ASSISTANCE PROGRAM, OR PROPERTY TAX STIMULUS PROGRAM, AS A PARTIAL FUNDING SOURCE FOR THE PROGRAMS AS RECOMMENDED BY THE IMMOKALEE COMMUNITY REDEVELOPMENT ADVISORY BOARD AND THE COMMUNITY REDEVELOPMENT AGENCY OBJECTIVE: To obtain Board of County Commissioner's direction to staff to amend the Redevelopment Plan applicable to the Immokalee Community Redevelopment area (CRA) to authorize the use of the specified tax increment financing funds for the Immokalee Residential Impact Fee Deferral Program, Fee Payment Assistance Program, or Property Tax Stimulus Program, as a partial funding source for the programs as recommended by the Immokalee Community Redevelopment Advisory Board and the Community Redevelopment Agency CONSIDERATIONS: On, September 9, 2003, at their regular meeting, staff presented an Economic Development Incentive package to the Board of County Commissioners. Included in the package were three items that proposed the use of a portion of the TIF funds from the Immokalee CRA as the dedicated funding source for the programs. The proposed programs that would utilize TIF are as follows: 1) Immokalee Residential Impact Fee Deferral Program: · Qualifying development must be an owner-occupied, residential dwelling unit within the geographic boundaries of the Immokalee Enterprise Zone; · The annual household income for a qualifying development may not exceed $100,000; · The maximum purchase price of the qualifying development may not exceed $175,000; and · The dwelling must be owner-occupied and must be the homestead of the owner. 2) Property Tax Stimulus Program: · Qualifying project must be located within the Immokalee Enterprise Zone; · Qualifying project must creates a minimum of 5 new job~ ~,~ ~ NOV 1 8 / BCC - TIF Programs Page 2 · The newly created jobs must pay an average wage equal to or greater than 50% of the County's current private-sector average wage; and · Qualifying project is not eligible for the Fee Payment Assistance Program. 3) Fee Payment Assistance Program: · Qualifying project must be located within the Immokalee Enterprise Zone; · Qualifying project must create a minimum of 5 new jobs; · The newly created jobs must pay an average wage equal to or greater than 50% of the County's current private-sector average wage; and · Qualifying project is not eligible for the Property Tax Stimulus Program. On November 10, 2003, the Immokalee Community Redevelopment Area Advisory Board recommended amendment of the CRA's Redevelopment Plan to authorize the use of a portion of the TIF funds associated to the new development, above the five-percent (5%) retained by Collier County for administrative purposes, for the programs described above, with the following distribution: 1) Immokalee Residential Impact Fee Deferral Program - 95% of the TIF funds generated by the qualifying residential development 2) Property Tax Stimulus Program - 95% of the TIF funds generated by the qualifying development 3) Fee Payment Assistance Program - 50% of the TIF funds generated by the qualifying commercial development FISCAL IMPACT: Utilization of the TIF funds as an allocated and budgeted funding mechanism for the above-mentioned programs will provide the Immokalee area with needed economic incentives to stimulate growth and promote housing that is more affordable. The dollar amount associated to the percentage of the TIF funds allocated to each program (outlined above) will have a direct relationship to the number of qualifying new developments in each program. The programs will require partial support from General Fund revenues to provide resources for the additional costs not covered by TIF funds. The fiscal impacts for each program are as follows: Immokalee Residential Impact Fee Deferral Program: 1) A deferral program with re-payment of impact fees beginning upon collection of the first property tax levied on the improved property (qualifying development). 2) Unless extended by the Board of County Commissioners, the program sunsets after three years. 3) The estimated deferral period is approximately 1 i years, per qualifying development, from the date of the collection of the property tax levied reflecting the improvement (quali.fying development). A~A I'I~M i Iq0V 1 8 2003. BCC - TIF Programs Page 3 4) After the deferral period is completed, a lien remains on the subject property until the home is sold, transferred, or re-financed, at which time the homeowner is required to repay the dollar amount of the impact fees to the CRA Trust Fund and General Fund respectively. Property Tax Stimulus Program: 1) Income and job creation criteria will be met by the applicant and applicable property taxes will be paid in full, with 95% of the tax revenue (TIF) being deposited into the CRA Trust Fund 2) Upon qualification for the program being determined the property taxes (up to 100%) may be reimbursed to the applicant from the CRA Trust Fund. 3) Requests for repayment may be submitted annually for up to 15 years, provided that the company continues to meet eligibility criteria. 4) Collier County retains an additional 5% of the TIF generated by the qualifying development, above the 5% retained for administrative purposes, to offset the reimbursements from the General Fund. Fee Payment Assistance Program: 1) Income and job creation criteria must be met by the applicant and applicable property taxes will have to have been previously paid in full. 2) Impact Fees will be paid through General Fund and TIF fund revenues, and the applicant will enter into a repayment agreement with the County. 3) Budgeted General Fund revenue and 50% of the TIF funds generated by the qualifying commercial development will be used to fund the program. 4) The qualifying company must remain a viable business and retain their stated employees for 15 years, or the company will default on the agreement and will be required to repay any impact fees not yet recouped. Additionally, these programs will not affect: a) the 5% of the TIF that is retained by Collier County for administrative purposes, b) the current balance of the Immokalee TIF funds, including funds budgeted and appropriated to projects, and c) TIF funds generated by properties outside of the scope of the programs. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County that may consider altemative land use plans, modifications to development standards and incentives to encourage redevelopment. Additionally, the above-mentioned programs are intended to stimulate growth and development within the areas defined by the Immokalee Enterprise Zone. - NOV 1 8 2003. BCC - TIF Programs Page 4 RECOMMENDATION: The Board of County Conunissioners directs staff to amend the redevelopment plan applicable to the Immokalee CRA to authorize the use of the specified tax increment financing funds for the Immokalee Residential Impact Fee Deferral Program, Fee Payment Assistance Program, or Property Tax Stimulus Program, as a partial funding source for the programs. Prepared by: ~y~rPat rson, Impact Fee Coordinator Date: Prepared by: Reviewed by: ,M ~ Date: ///-/e- R anager CoTunity P~nning: Redevelopment Section /~<~ Date: J/"- H. Dent~n ~ak~, Director Financial Administration and Housing Approved by:~ Date: ////R.3 / ¢~unity Development and Environmental Services Division IMMOKAI-£E RESIDENTIAL DEFERRAL PROGRAM DEFERRAL AGREEMENT LIEN ON PROPERTY ESTIMATED (AVERAGE) IMPACT FEES $10,652 FUNDING SOURCE: GENERAL FUND $500,000 PER YEAR/126 HOMES ($3,977 PER HOME = SHORTFALL FROM TIF CONTRIBUTION) 1 IMPACT FEES PAID IN FULL LIEN REMAINS UNTIL HOME IS SOLD, TRANSFERRED, ETC. UPON SUCH, FEES ARE RETURNED TO THE GENERAL FUND AND CRA FUNDING SOURCE: 95% OF TIF ASSOCIATED TO NEW HOME ESTIMATED - $667 PER YEAR $6,675 OVER 10 YEARS · · I 0¥ 18 2on3. PATTERSON, 11/7~CX)2 IMMOKALEE RESIDENTIAL DEFERRAL PROGRAM ASSUMING USE OF 95% OF THE TIF ASSOCIATED TO THE NEW HOME Yr 1 Deferral Agreement $10,652 Yr 1 GF Pmt. (1/10 shortfall) to IF Tr. ($398) Yr 2 Homeowner pays taxes CRA (TIF) prat to IF Tr. GF Pmt. (1/10 shortfall) ($667) to IF Tr. ($398) Yr 3 Homeowner pays taxes CRA (TIF) prat to IF Tr. GF Pmt. (1/10 shortfall) ($667) to IF Tr. ($398) Yr 4 Homeowner pays taxes CRA (TIF) pmt to IF Tr. GF Pmt. (1/10 shortfall) to IF Tr. ($667) ($398) Yr 5 Homeowner pays taxes CRA (TIF) pmt to IF Tr. GF Pmt. (1/10 shortfall) to IF Tr. ($667) ($398) Yr 6 Homeowner pays taxes CRA (TIF) pmt to IF Tr. GF Pmt. (1/10 shortfall) to IF Tr. ($667) ($398) Yr 7 Homeowner pays taxes CRA (TIF) pmt to IF Tr. GF Pmt. (1/10 shortfall) to IF Tr. ($667) ($398) Yr 8 Homeowner pays taxes CRA (TIF) prat to IF Tr. GF Prnt, (1110 shortfall) to IF Tr. ($667) ($398) Yr 9 Homeowner pays taxes CRA (TIF) pmt to IF Tr. GF Prat. (1110 shortfall) to IF Tr. ($667) ($398) Yr 10 Homeowner pays taxes CRA (TIF) prat to IF Tr. GF Prat. (1/10 shortfall) to IF Tr. ($667) ($398) Yr 11 Homeowner pays taxes CRA (TIF) pmt to IF Tr. ($667) $0 IYear of Sale of the Home Homeowner pays CRA Homeowner pays GF To satisf~ Lien $6,675 $3,977 $10,652 (Lien remains on the property) AI3ENDA ITEh~ --~---'~, NOV 1 8 2003 A. PATrERSON 11/7/2O03 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 TIS documents with the goal of assuring complete and accurate TIS that are reliable for 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 quantify 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 for 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 submissions to Collier County, and for out-of-town preparers, what the prevailing practice is in their local area. Staff has assembled a number of TIS's and has 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 a~ched "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 to 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 , .- [(195 (-' 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 firms, 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. _ISCALIMPACT: There is no fiscal impact to the County. This information is already X3,~ ~ ~tn"~ t-~e p~oposed 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 ~i.delines for Traffic/lJnpact S/lxidies. SUBMITTED B~ T'{/~~ _ Date:/~'///~,d/d) .~ froward J. Kan~ansportation OperationsfDire/ct(gr Don~l~t'~,"ti, XicP} ~'ansportation Planning Direlcioz~ Norm{~n 15 ~eder,'AICP, Transportation Adm]n]s(rator Attachments: No. 1 - ~raft 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 Impact 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 Impact 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 Impact 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, FLORIDA By: By: Deputy Clerk Tom Henning, Chairman Apprc suffici Jeffrey Assista ~d a: ay' tzkow aty Attorney IATTACHMF. NT NC~ / mC, E: / 0t: / Collier County Transportation Operations Development Review Department DRAFT PROCEDURES AND GUIDELINES FOR TRAFFIC IMPACT STUDIES Created 2/11/2003 Revised 9/30/2003 IATTACH~ENT NO. '~ I Collier County Transportation Operations Development Review Department PROCEDURES AND GUIDELINES FOR TRAFFIC IMPACT STUDIES Created 2/11/2003 Revised 11/14/2003 ' l- TABLE OF CONTENTS CHAPTER 1 .......... ; ..................................................................................................................................... 4 INTRODUCTION .................................................................................................................................... 4 PURPOSE OF THIS GUIDE .................................................................................................................... 4 CHAPTER 2 ................................................................................................................................................ $ APPLICANT AND REVIEWER QUALIFICATIONS ........................................................................... 5 REVIEWER QUALIFICATIONS ....................................................................................................... 5 REFERANCES ..................................................................................................................................... 5 ETHICS AND OBJECTIVITY ............................................................................................................ 5 CHAPTER 3 ................................................................................................................................................ 6 STUDY PROCEDURE ............................................................................................................................ 6 Figure 3.1. Flowchart 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 HORIZON YEARS .............................................................................................................................. 9 TIME PERIODS TO BE ANALYZED .............................................................................................. 10 DISCUSSION CHECKLIST .............................................................................................................. 10 MEMORANDUM OF UNDERSTANDING ..................................................................................... 10 STAFF CONCURRENCE ................................................................................................................. 10 CHAPTER 6 .............................................................................................................................................. 11 WARRANTS FOR A COMPLETE TIS ................................................................................................ 11 Warrant 1. Land Use Intensity ............................................................................................................ 11 Warrant 2. Level-of-Service Warrant ................................................................................................. i 1 Warrant 3. Roadway Modifications .................................................................................................... 11 CHAPTER 7 .............................................................................................................................................. 12 TRAFFIC OPERATIONS ANALYSIS .................................................................................................. 12 WARRANTS FOR TRAFFIC OPERATIONS ANALYSIS ............................................................. 12 CHAPTER 8 .............................................................................................................................................. 13 NON-SITE TRAFFIC ESTIMATE ........................................................................................................ 13 CHAPTER 9 .............................................................................................................................................. 14 TRIP GENERATION ............................................................................................................................. 14 ACCEPTABLE DATA SOURCES ........................................................ '. .......................................... 14 MIXED-USE DEVELOPMENTS ..................................................................................................... 14 PASS-BY TRIPS ................................................................................................................................ 14 CHAPTER 10 ............................................................................................................................................ 15 TRIP DISTRI]3UTION ........................................................................................................................... 15 CHAPTER 11 ............................................................................................................................................ 16 TRAFFIC ASSIGNMENT ..................................................................................................................... 16 2 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 ..... 20 SAFETY ANALYSIS ................................................................................................................... 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 Boundary Maps ................................................................................................................................... 35 _ 3 CHAPTER 1 INTRODUCTION Traffic Impact Study is a specialized study of the impact that a given type and size of new 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 within the existing transportation infrastructure along with other proposed developments. 2. To identify transportation improvements required to maintain the existing operational conditions. 3. To determine whether access to the proposed development will hamper traffic operations and safety near the site. 4. 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 standardized procedure will be beneficial to everyone involved in the development process. First and foremost, the guide will 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. 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: '7 certify that this TRAFFIC IMPACT STUDY has been prepared by me or under my immediate supervision and that I have experience and training in thefield of traffic and transportation engineering. (signed) John O. Smith, P.E. Florida Registration t/12345 Consulting Firm, Inc." All Traffic Impact Studies shall be signed and sealed by a professional engineer as required by Chapter 471, F.S. 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 Review Department will hereinafter be referred to as CCTDR. REFERANCES 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 reviewers might have different objectives and perspectives, they should adhere to established engineering ethics and conduct all analyses and reviews objectively and professionally. 5 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. Otherwise, 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. Preliminary Notification Initial Meeting IProposed Development I No Traffic Impact Study Required Are warrants for TIS met? No warrants Traffic operations met? No Yes Conduct Traffic operations analysis Conduct Traffic impact study Yes Yes needed? No Figure 3.1. Flowchart Showing the Traffic Impact Study Procedure CHAPTER 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 will be required of all developments that meet the "preliminary threshold values" or "warrants." The preliminary warrants are as follows: l_xtnd Use Type ITE Code ThreshOld Values Residential 210, 220, 222, 240, 252 99, 150, 280, 180, 600 DU Retail 814, 820 25,000, 5000 SF Office 710, 720, 770 19,000, 30,000, 24,000 SF Industrial 130,150 51,000, 150,000 SF Educational 520,522,530 400, 650, 600 Students 310 610 Lodging Medical 153 Rooms 59,000 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. 1 For Comprehensive Plan Amendment Studies, a conceptual site plan with boundaries and approximate location of access points will be sufficient. 2 A market study applies to developments that have already performed trade area analysis. Examples include tourist destinations and entertainment centers. 8 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 Review. 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 will be based on the information contained in the Preliminary Notification. The initial meeting will serve the following purposes: To determine whether a detailed Traffic Impact Study or traffic operations analysis is required for the proposed development. If further studies are required, the meeting will help the study preparer understand the reviewer's expectations. To discuss critical issues such as (but not limited to) the extent of the study, the study area, the horizon years, time 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. If a Traffic Impact Study is warranted (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 of the site. Beyond this area, the proposed development's peak hour trip generation will determine the area of study extent (See Distribution, Page 15). HORIZON YEARS The horizon year of the TIS refers to the anticipated completion date of the proposed development assuming full build-out occupancy. 9 TIME PERIODS TO BE ANALYZED The critical time period for any development will 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) · 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 will 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 will 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 the study preparer within five (5) business days. 10 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 "D" or lower, or where nearby intersections presently operate at level-of-service "E" 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 roadway 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. 3 Significant Impact is defined as the traffic impact on roadway segments directly accessed by the project where project traffic is equal to or greater than three percent of the adopted LOS standard service volume. tl 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, resulting sight distances, queuing provisions, etc.4 2. Safety analysis.4 3. Traffic signal warrants and progression analysis.4 4. Delay analysis.4 5. Gap studies.4 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 movements 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 driveways 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, HCM and MUTCD. 12 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. Growth Factor Using Related Demographic Characteristics. 4. Regression Analysis Techniques. 5. Collier County MPO Model. For detailed explanation of the above methods, see FDOT Site Impact Handbook, Unit III. 13 CHAPTER 9 TRIP GENERATION Trip generation involves estimating the number of trips that will 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: Regression Equations. Graphic Plot. 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 account any special features that the local subject site might have. An existing trip generation credit is given to the property's prior use if in existence within five years of the TIS. Trip generation information should be presented in the TIS as a Table in the format shown in Appendix B. 2. OTHER NATIONAL DATABASES -- Two other possible sources for estimating trip generation are NCHRP 187 manual and The Development and Application of Trip Generation Rates. The former contains trip generation rates for a variety of land uses, mostly suburban. The latter is essentially an updated version of the former, with 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 from 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 sites 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 of this guide. 14 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 use 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 when 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 link adjacent to the links directly accessed by the project where 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 below acceptable service volume. A segment is identified in the AUIR, but also relates to where a roadway break is made by intersecting arterials or collectors (by functionally classified facilities). A table of the Roadway Segments, Corresponding Segment Numbers, Current Traffic Volumes, 3%, 5% of Existing and Committed Road Service Volume 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 are revised. If you wish to obtain an up-to-date electronic file of this list you may email your request to transplanning@colliergov.net. 15 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 destinations rather than assigning all of the traffic to the route with the shortest travel time. The assignment may be done manually or by computer. 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). 16 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 when 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 shows a schematic representing Pass-By, Primary and Diverted Linked Trips. Pass-By Trips (via driveway only) ~sunau~ Primary Trips Driveway Diverted Linked Trips 17 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 formula: Trips mixed-use developments: Y~ [Trips individual land uses] - 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. 18 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, the 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 infrastructure consistent with Collier County policy and operating conditions subject to the recommended improvements/modifications. o The area will operate below the accepted level of service even without the development. No further significant deterioration will 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 Staff may also identify other critical and congested areas of the roadway network to be included in the analysis. Capacity analysis must be consistent with 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) which 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 B 1 for the TCMA and TCEA boundary maps. SAFETY ANALYSIS Safety analysis should include identification and recommendations about high accident lo'cations, 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 whether 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 Uniform Traffic Control Devices (MUTCD). · MEDIAN OPENINGS If a median opening is requested, a detailed analysis must be performed to determine if a median opening would negatively affect the operating condition of the roadway. Consideration should be given to the following: · Warrants for a left 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 the need for an on-site review shall be discussed at the initial meeting and shall be at a mutually agreed-upon time and place between the preparer and CCTDR staff. 20 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). 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 information and calculations. 3. Show how the development's driveway's enter/exit percentages were obtained. 4. Draft plans to scale. Show measurements between all driveways (both existing and proposed), streets, etc. 5. Show and label all driveways, streets from and adjacent to the development on scale plans. Show 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 report at the point it is used. 8. Provide applicable pages/sentences from references used. 9. Use Highway Capacity Manual/Software (current edition/version) for capacity studies. 10. From the development and along existing County Arterial Roadways, assess the impact of the new 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 adjacent signal systems, both with and without any proposed signal at the development. . ...... 11. Perform 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 requested if deemed appropriate by CCTDR staff. 12. Compute trip generation for signal warrants using initial development. (Do not include future expansions.) 13. 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. For the signal warrant analysis, justify the percentage of fight-tums-on-red used. 15. Provide preliminary signal timings for the proposed provisional traffic signal. If the proposed signal would be included in an existing traffic signal system, then the revised timings for the complete system shall be provided. 16. If there are any major traffic generators nearby, collect data to demonstrate how they will affect the development. 17. Show exact locations where counts were obtained. Explain how and when counts were taken. 18. Provide justifications for all driveway accesses requested. 19. Provide copies of all raw data. 20. Label all forms completely. Assure that copies are clear and legible. 22 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 trip 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 action plan should recommend improvements; state why they are needed and when they are to be implemented. 23 CHAPTER 16 THE REPORT The Traffic Impact 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 from 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. List of Exhibits Some of the typical exhibits that could be included in a Traffic Impact 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. 24 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 ITEM TITLE DESCRIPTION Figure A Site Location Area map showing site location and area of influence. Figure B Existing Existing roadway system serving site. Should show Transportation system and all major & minor routes adjacent to the site. Figure C Existing and Pending Map showing existing and pending land uses and Land Use developments in the study area. Figure D Current Traffic Most recent traffic volumes on roads in the study area. Volumes Figure E Existing Peak Hour Current peak hour turning volumes at each location Turning Volumes critical to the study. Figure F Anticipated Area transportation system map showing programmed Transportation and applicable roadways; improvements, including transit, bikeways and pedestrian ways; improvements affecting site access or traffic flow through the study area, Table A or Directional Map or table showing the proportion of site traffic Figure G Distribution approaching and departing the area on each roadway. Table B Estimated Site Analysis period site traffic generation by direction. Traffic Generation Figure H Site Traffic Map of horizon year roadway network showing peak hour turning volumes of site-generated traffic. Table C Trip Generation of Trips generated by off-site developments within the study Non-Site area. Development Figure I Estimated Non-Site Map showing peak hour turning volumes due to the Traffic developments in the study area and through traffic. Figure J Estimated Total Peak hour turning movements in horizon year. (Sum of Horizon Year Traffic Figures H and I). Figure K or Level of Service Level of service at critical locations under conditions and Table D (LOS) in horizon year with & without the proposed development. Figure L or Recommended Table or figure showing improvements by location and Table E Improvements type. If phasing of improvements is to be stipulated, they have to be shown. CHAPTER 17 STAFF REVIEW The purpose of staff review 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 reviewer 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 will produce a list of the following findings: · Acceptable analyses and conclusions. · Unacceptable analyses and conclusions. · Acceptability of recommended site access provisions and roadway improvements. · List of required improvements that might be considered to mitigate impacts of the proposed development. Following the review, 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 the 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. - 26 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 2). 3) 4). 5). Study Preparer: Preparer's Name and Title: Organization: Address & Telephone Number: Reviewer(s): Reviewer's Name & Title: Collier County Transportation Planning Department Reviewer's Name & Title: Organization & Telephone Number: Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: Location: Land Use Type: ITE Code St: Proposed number of development units: Other: Description: 27 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: '~28 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 29 APPENDIX A-1 ANNUAL UPDATE INVENTORY REPORT (AUIR) 3o 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 mo B. C. D. E. Development name and location Application number Applicant name Preparer name and organization Report date Title Sheet mo B. C. D. E. F. Development name and location Application number Applicant's name, address and telephone number Preparer's name, title, organization, address and telephone number Date of original report Report revision date Table of Contents List of Figures and Tables Introduction and Summary A° 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 31 III. Area Conditions IV. VI. Co 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 Projected Traffic Bo Co Site traffic (each horizon year) 1. Trip generation 2. Trip distribution 3. Traffic assignment Non-site traffic (each horizon year) 1. Method of projection 2. Trip generation 3. Trip distribution 4. Traffic assignment Total traffic (each horizon year) Analysis mo B. C. D. E. Site access Capacity and level of service Traffic safety Traffic control Site circulation and parking Improvement Analysis Bo 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 funded, programmed, or planned Evaluation 32 VII. Findings VIII. IX. mo B. C. D. Site accessibility Traffic impacts Additional improvement Compliance with traffic-related local codes Recommendations Co Site access/circulation plan Roadway improvements 1. On-site 2. Off-site Transportation system management actions Other Conclusion mo Traffic impact of proposed development Adequacy of proposed plan including recommended improvements 33 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 Table 3 TOTAL P.M. PEAK HOUR EXTERNAL PROJECT TRIPS Table 4 TOTAL P.M. PEAK HOUR EXTERNAL NON-PASS BY PROJECT TRIPS Table 5 IMPACTED SEGMENTS 34 APPENDIX B1 TRANSPORTATION CONCURRENCY MANAGEMENT AND EXCEPTION AREAS Boundary Maps 35 EXECUTIVE SUMMARY REQUEST THE BOARD APPROVE A RESOLUTION TO AMEND THE CONSTRUCTION STANDARDS HANDBOOK FOR WORK WITHIN THE PUBLIC RIGHTS-OF-WAY, BY (1) PERMITTING ONLY ONE DRIVEWAY ACCESS FOR LOTS HAVING FRONTAGE OF LESS THAN 100 FEET, SUBJECT TO CASE-BY-CASE REVIEW OF REQUESTS FOR DEVIATION FROM THIS POLICY, AND (2) ELIMINATING THE REQUIREMENT FOR SECURING A PERMIT TO PERFORM TURF MAINTENANCE IN PUBLIC RIGHTS-OF-WAY. OBJECTIVE: To request the Board approve a Resolution amending the Construction Standards Handbook for Work within the Public Rights-of-Way (the "Handbook"), by (1) permitting only one driveway access for lots having frontage less than 100 feet, subject to case-by-case review o f requests for deviation from t his policy, a nd (2) eliminating the requirement for securing a permit to perform turf maintenance in Public Rights-of-Way. CONSIDERATION: Accompanying this Executive Summary package is an Executive Summary package seeking the Board's approval of an Ordinance prohibiting swale enclosures in Collier County. Under the Handbook, construction of double driveway access on any residential lot with greater than 50 feet frontage may be permitted. For example, applicants could request two twenty-four foot wide driveways on their property. If permitted, the required piping, including allowance for mitered end sections, would cover 8 8' o f s wale. F or t his reason, unless the minimum frontage length required for double driveway access is increased to a 100 feet minimum, the proposed Ordinance prohibiting fi'ont yard swale enclosure could be effectively circumvented, and the policy of preserving swales would be frustrated. Staff is also requesting that the Board delegate authority for review and approval of deviations from this policy on a case-by-case basis. There may be situations when a site- specific approval due to either a site-related hardship or unique lot geometry would allow a permit for a double driveway to be issued. Based on the foregoing background, staff requests that the Board approve the attached Resolution increasing the minimum frontage length requirement to 100 feet for double driveway access to residential properties. The second revision to the Handbook addresses a discrepancy in text. As written, Section IV-B-4-e-5 (located on Page 28 of the Handbook) seems to require the property owner to obtain a permit to maintain the turf within the Public Rights-of-Way. This was not intended. Accordingly, staff requests t hat t his section b e a mended i n t he manner s et forth as Exhibit "A" to the proposed Resolution, so that turf maintenance rema, .~ ~,~_ from permitting. No. IL0 NOV 1 8 2003 Executive Summary Resolution Increasing Minimum Frontage for Double Driveways Page 2 of 2 FISCAL IMPACT: There will be no effect on the Board's budget. GROWTH MANAGEMENT IMPACT: This request for approval of the Resolution is consistent with the Collier County Growth Management Plan. attached RECOMMENDATION: That the Board of County Commissioners: Approve the attached Resolution amending the Construction Standards Handbook for Work within the Public Rights-of-Way, by (1) permitting only one driveway access for lots having frontage less than 100 feet, subject to case-by-case review of requests for deviation from this policy, and (2) eliminating the requirement for securing a permit to perform turf maintenance in Public Rights-of-Way; and e Mit'ch R~ley, P.E., Section Manager ROW Permitting and Inspection Authorize staff to proceed in accordance with the Board's direction. REVIEWED BY: ~,.~~~.~a~:=~ ~ Edward J. Kant, P.E., Director Operati~s, Reviews, Permitting & Inspection 'APPROVED BY: 7~ No/-m~fi E. Feder, AICP, Administrator Tran?ortation Division Attachment No. 1 - Pqoposed Resolution Attachment No. 2 - Exhibit "A" DATE: lqOV 1 8 2003 pg. RESOLUTION NO. 2003- A RESOLUTION BY THE BOARD O F COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, TO AMEND THE CONSTRUCTION STANDARDS HANDBOOK FOR WORK WITHIN THE PUBLIC RIGHTS-OF-WAY BY (1) PERMITTING ONLY ONE DRIVEWAY ACCESS FOR LOTS HAVING FRONTAGE OF LESS THAN 100 FEET, SUBJECT TO CASE-BY-CASE REVIEW OF REQUESTS FOR DEVIATION FROM THIS POLICY, AND (2) ELIMINATING THE REQUIREMENT FOR SECURING A PERMIT TO PERFORM TURF MAINTENANCE IN PUBLIC RIGHTS-OF-WAY. WHEREAS, Collier County Ordinance No. 2003-37 adopted the 2003 version of the "Construction Standards Handbook for Work with the Public Right-of-Way, Collier County, Florida" (the "Handbook") and provided that "Changes may be made to the Handbook by resolutions adopted by the Board of County Commissioners;" and WHEREAS, by Ordinance No. 2003 - , the Board of County Commissioners prohibited the enclosure of swales along County Rights-of-Way, subject to a case-by-case review of requests for deviation from such a prohibition; and WHEREAS, the construction of more than one driveway on lots having fi'ontage under 100 feet, which frontage abuts swales along County Rights-of-Way, effectively results in the enclosure of a substantial portion of such swales; and WHEREAS, the Handbook as currently written is unclear as to whether a permit is required for turf maintenance in County Rights-of-Way; and WHEREAS, it was never the intent of the Board of County Commissioners in adopting the Handbook to require a permit for turf maintenance in County Rights-of-Way, and WHEREAS, the Transportation Division believes these revisions to be in the best interest and provide for the health, safety, and welfare of the citizens of Collier County. NOV 1 8 2003 NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COIJ.IF.R COUNTY, FLORIDA, that Section II/-B-1 and Section IV-B-4- e-5 are hereby amended as shown in Exhibit "A" to this Resolution. This Resolution adopted after and day of ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk motion, second, ,2003. majority vote favoring same, this BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Apl Jeff Assi int'~unty Attorney NOV 1 8 2O03 Pg. EXHIBIT "A" III. TURN LANES, DRIVEWAYS, ACCESS ROADS DESIGN REQUIREMENTS B. The following geometric restrictions for the classification of the type of property being served are hereby established as the standard. Practicality and space limitations preclude the inclusion of data to cover all design criteria. The Transportation Services Administrator may mitigate the geometric and design standards when conditions warrant. 1. Single Family and Duplex Residences: Lots having frontage of 50' less than 100' shall be permitted only one driveway access.- Any requested deviation to this policy shall be subiect to review, on a case-by-case basis, by the Transportation Services Division Administrator or his desi~o-nee. IV STREETSCAPE IMPROVEMENTS IN RIGHTS-OF-WAY Sod placement in ditches and swales: A "Permit to Perform Work andJcr Maintenance in Public Rights-of-war' must be applied for by the responsible propertY owner' or his authorized agent. A Permit shall not be required for turf maintenance in Public Rights-of-Way. NOV 1 8 2003 EXECUTIVE SUMMARY APPROVE A RESOLUTION TO ALLOW THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A JOINT PROJECT AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE FOR THE CONSTRUCTION OF PHASE TWO OF THE COUNTYWIDE ADVANCED TRAFFIC MANAGEMENT SYSTEM BY COLLIER COUNTY. OBJECTIVE: To gain Board approval for the Board Chairman to enter into a JPA (attached) with the FDOT that will allow Collier County to construct Phase Two of the Advanced Traffic Management System (ATMS) and be reimbursed by the FDOT for its costs in doing so. CONSIDERATIONS: Phase One of the Collier County ATMs began construction in May of 2001 and was completed in October 2003, thirteen months behind schedule. Given construction problems, provision of low-bid control equipment, and maintenance of traffic issues involved with Phase One, the FDOT, which has prepared plans and is providing funding for Phase Two construction, and County staff have agreed that the most effective and efficient method of implementing Phase Two is through a JPA with the County. The County will build and integrate Phase Two into the existing signal system and the FDOT, on a quarterly basis, will reimburse the County for the costs of construction, inspection, and system integration. FISCAL IMPACT: FDOT funding is available and programmed in this Fiscal Year (03/04) to reimburse the County for all costs of completing the construction and integration of Phase Two of the ATMS, limited to a maximum amount of $4,728,033.00, with payments made as they are invoiced by the County on a quarterly basis. Due to FDOT quarterly invoicing requirements, the County's expenditures-before- FDOT-reimbursement will be funded from 313 Reserves and/or Project 60172 and the reimbursement from FDOT will be placed back into the appropriate fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the attached Resolution and necessary Budget Amendments and authorize the Board Chairman to enter into a JPA with the FDOT for the construction of Phase Two of the Advanced Traffic Management System. SUBMITTED BY.: ~ '~ '~ · ~' Tst°n' PE' C°unty ~raffic Operati°ns Engineer REVIEWED BY: ~ \~\V I DATE: Diane~'l~affic Operations & Alternative Transportation Modes Director Norma~E. Fe~ler, JdCP, Transportation Administrator / DATE:/c~ -3c-- tc2.~ NOV 1 8 2003 RESOLUTION NO. 2003 -.~ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, ALVYHORIZING THE CHA1RMAN OF THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A JOLNT PROJECT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION, CONSTRUCTTK)N ENGINEERING AND INSPECTION, ("CEI"), AND POST DESIGN SERVICES FOR PHASE I1 OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM. WHEREAS, the State of Florida Department of Transportation is prepared, in accordance with its Five Year Work Program, to fund improvement'~ to the Collier County Computerized Signal System Phase I in fiscal year 2002/2003, under FM Nmnber 195403-i-58-01; and WHEREAS, this project is on the State Highway System, is not revenue producing and is contained in the tentalive FNe Year Transportation Plan; and WHEREAS, Collier County is willing to undertake this project and the State of Florida Department of Transportation is willing to compensate Collier County for costs directly related to the construction, construction engineering and inspection ("CEI"), and post design services for the project up to the suni of $4,728,033.00 to do said work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: 1. The Board of County Commissioners, Collier County, Florida, hereby authorizes the Board Chairman to enter into an Agreement entitle:t "JOINT PROJECT AGREEMENT BE'I!,VEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR CONSTRUCTION, CEI AND POST DESIGN SERVICES FOR PHASE I1 OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM," a copy of which Agreement is attached hereto. 2. The Clerk to the Board is hereby directed to forward a certified copy of this Resolution to the Florida Department of Transportation, Barrow. Florida. 3. This Resolution shall take effective immediately upon adoption. This Resolution adopted after motion, second, and majority vote favoring same, this day of November, 2003. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Ass~sta~ County Atlorney Pap i of I NOV ! 8 20 3 FM NO: COUNTY: 195403-2-38/58/68-01 COLLIER JOINT PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR CONSTRUCTION, CEI, AND POST DESIGN SERVICES FOR PHASE II OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TtLANSPORTATION, hereinafter referred to as the "DEPARTMENT" and COLLIER COUNTY, FLOR/DA, hereinafter referred to as the "COLrNTY". WITNESSETH WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program to fund construction improvements to Phase II of the Collier County/City of Naples Computerized Signal System in fiscal year 2003/2004, under FM Number 195403-2-38/58/68-01, h~roinafl~r r~f~rred to as th~ "PROJECT"; and -¢/~-!EREAS, said PROJECT is on the State Highway System, is not revenue producing and is contained in the tentative Five Year Transportation Plan; and ' ~ ~' ~' * , tn,- '~ ' U .... ~ ,.nc PRO~ECT and the DEPARTMENT is ~¥ HnRE.~S." ~ ~O~ ,x ~ ~ is willin_o to undertake "- - ' vdlling to compensate the COUNTY for costs directly related to the construction, construction engineering and inspection ("CEI"), and post design services for the PROJECT as described herein; and WHEREAS, the COUNTY by Resolution, dated the __ day of ., 2003, a copy of which is attached hereto and made a part hereof, has authorized the Chairperson of the County Commission to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: 1. The COUNTY agrees to undertake the construction, CEI, and post design services for the PROJECT and the DEPARTMENT agrees to pay for said services, as stated in paragraph 4 herein, provided they are performed in accordance with the DEPARTMENT's specifications and the terms and conditions in this Agreement. .. 2. The PROJECT consists of construction, CEI and post design services for AGEN[~~ Phase II of the Collier County/City of Naples Computerized Signal System. The PROJECT will incorporate additional signalized intersections into the County system and will include the installation of video cameras for traffic monitoring at congested intersections. Post-design services and development of new signal timings for the PROJECT intersections will also be provided under separate contract by the County. Said construction of the PROJECT shall be completed on or before July 30, 2006. 3. The COUNTY will begin construction of the PROJECT after execution of this Agreement and upon receiving notification in writing by the DEPARTMENT to proceed. 4. The DEPARTMENT agrees to a maximum participation, including contingencies, in the PROJECT in the amount of FOUR MILLION SEVEN HUNDRED TWENTY-EIGHT THOUSAND THIRTY THREE DOLLARS ($4,728,033.'00) broken down as follows: Construction $3,520,456.00, CEI Services $656,333.00, and Post Design Services $551,244.00. 5. The DEPARTMENT agrees to pay the COUNTY in accordance with Section 339.12, Florida Statutes, and totally subject to legislative approval and appropriation, in accordance wdth paragraph 4 herein. Said payment will be made after receipt of quarterly invoices from the COUNTY on the PROJECT until final accepted by the DEPARTMENT. The invoice and supporting documentation is to be sent to the Project Manager for approval and processing. In the event the COUNTY proceeds with construction of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). 6. All tracings, plans, specifications, maps and/or repons prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. The DEPARTMENT will have the right to visit the site for inspection of the xvork and the drawings of the COUNTY at any time. 7. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Paul Theberge, Resident Engineer Florida Department of Transportation 2981 NE Pine Island Road Cape Coral, Florida 33909 TO COUNTY: Bob Tipton County Traffic Operations Manager Collier County 27.05 S. Horseshoe Dr. Naples, Florida 34104 8. (a) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (b) Bills for travel expenSes specifically authorized in this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. ~ ....... 2 NOV i 2303 (c) The COUNTY shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. (d) The DEPARTMENT agrees to pay the COUNTY for the herein described services at a compensation as detailed in this Agreement. (e) Vendors (in this document identified as COUNTY) providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. (f) If a payment is not available within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(1), Florida Statutes, per day will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (I) dollar will not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors will result in a delay in the payment The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. (.g) A Vendor Ombudsman has b¢ct~ ¢btabli>hcd within thc Dcpm~tmcnt of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1- 800-848-3792. (h) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the COUNTY's general accounting records and the project records, together with supporting documents and records, of the COUNTY and all contractors and consultants performing work on the PROJECT, and all other records of the COUNTY and its contractors and consultants considered necessary by the DEPARTMENT for a proper audit of costs. (i) The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are avail'able prior to entering into any such contn ,.t ,~ ~,tl~.cr-bind"n~. AG,' ~: iT 3 NO'/' 13 2003 commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. (j) No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. (k) The COUNTY shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the DEPARTMENT. (1) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. (m) In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT xvhile any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. (n) A person or affiliate xvho has been placed on the convicted vendor list fo!lo,.ving a convictimi fol a public ¢~tity crime muy nut aubmit a bid o~ a cv,ihact to p~vvidt, m,y gu~,d= u~ seD'ices to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the tkesho!d amount provided in Section 287.017, Fiofida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (o) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a publi.c building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. (p) Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (q) This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate -or cancel this Agreement in the event an assignment be made for the benefit of creditors. b) If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of(i) immediately terminating the Agreement, or (ii) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (iii) take whatever action is deemed appropriate by the DEPARTMENT. c) If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COLrNTY of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. d) If thc Agreement i> t**min,,tt.d b~.fmc pt.~ fomiaiicc is completed, thc COU2'4TY =hall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the prope2y of the DEPARTMENT and ,,:;ill be turned over promptly by the COUNTY. 10. If any part of this. Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally consti-tuted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 11. a) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees or subcontractors or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees or subcontractors. Neither COUNT officers, agents, employees or subcontractors will be liable under this section for t the DEPARTMENT or any of its officers, agents or employees. The parties agr~ 5 'Y nor any of its ~e ne~l~ NOV 18 2OO3 total compensation to the COUNTY for performance of this Agreement is the specific consideration from the DEPARTMENT to the COUNTY for the COUNTY's indemnity agreement. b) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/subconsultants who perform work in connection with this Agreement: "The contractor shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or conzrnission of the contractor, its officers, agents or employees. Neither the contractor, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or emplo) ees. 12. -This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, final costs are known and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. !3. This document incorporates and includes all prior negotiations, correspondence, .conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreomont that m'c not contained in thi3 documcnt. Accordingly, it i~ ag~,d th~tt no deviation from the terms hereof shall be predicated upon an5' prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the te~nns or conditions contained herein shall be effective unless contained in a wn-itten document executed with the same formality and of equal dignity herewith. NOV 1 8 2003 Pg. ~ IN WITNESS WHEREOF the COUNTY has caused this Agreement to be executed in its behalf this __ day of ,2003, by the Chairperson of the County Commission, authorized to enter into and execute same by Resolution Number of the Board on the day of ,2003, and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this day of ,2003. COUNTY COMMISSION COLLIER COUNTY, FLORIDA STATE OF FLOR.IDA DEPARTMENT OF TRANSPORTATION By: By: CHAIRPERSON DISTRICT SECRETARY ATTEST: ATTEST: By: (Seal) By: .(Seal) CLEP_K EXECUTIVE SECRETARY L,._al,=2 Rev By: ew: Legal Revie;v: By: DISTRICT LEGAL COUNSEL NOV 18 2003 c[ EXECUTIVE SUMMARY AUTHORIZATION TO INCREASE COLLIER AREA TRANSIT MONTHLY BUS PASS FARE AND ESTABLISH AN EXPRESS DAILY FARE AND MONTHLY PREMIUM BUS PASS OBJECTIVE: To authorize staff to implement an increase in the monthly bus pass fares and establish an express daily fare and monthly premium bus pass. CONSIDERATIONS: Collier Area Transit (CAT) currently charges $20.00 for a monthly bus pass and $12.00 reduced rate for the elderly, disabled and youth monthly bus pass. The monthly bus pass prices are based on forty trips on the fixed route system. Historically, monthly bus pass fares have been discounted to allow riders the opportunity to pay for their transit service once a month rather then paying the fare each time the bus is boarded. The industry standard for the percentage of discounts on bus passes is approximately 25%. Our current bus pass fares are discounted at approximately 50%. Staff is recommending an increase in the monthly bus pass rates. The proposed new rates are $30.00 for the Monthly Bus Pass and $15.00 for the elderly, disabled and youth Monthly Bus Pass. These fares represent a 25% discount from the daily fare. There are no other fare increases recommended. This increase will not affect the Collier Area Transit ridership. Staff is also recommending a new Premium Monthly Bus Pass to be offered for riders that utilize the new Marco Express Service from Immokalee to Marco Island that will begin in July 2004. This bus pass can also be used for regular Collier Area Transit Service. This premium bus pass will be offered for $60.00 a month. The regular fare for the Marco Express Service will be $2.00 per trip. The Marco Express Fares are based on the industry standards of Express Service being twice the amount of the standard bus fare. The riders that utilize the Marco Express Service Premium Monthly Bus Pass will receive a 25% discount for utilizing the passes rather then paying the $2.00 fare each time they board the bus. Additional routes are planned and budgeted in FY 04 that include a half hour service in the Golden Gate area, forty-five minute service in the North Naples Area, and Express Service from Immokalee to Marco Island and Circulator Route Service on Marco Island. FISCAL IMPACT: An increase of the monthly bus pass and implementation of a premium pass for express service results in approximately a 22.7 percent increase in the fare box revenues. GROWri'H MANAGEMENT IMPACT: Consistent with Objective 12 of the Growth Management Plan. RECOMMENDATION: Board authorization to increase the monthly bus pass fare and implement an express fare and express monthly premium pass. Reviewed by: Date: Diane B. ~F~ag~, Traffic Operations / Alternative ?l~'ansportation Modes Director /~I/~~ ' '~'~'~.'-'--- Date: Nor~ E. Fader, Tralsportation Services Administrator '/~'//~/~'5 ApprOved by: AGE. N D~ ITE_U .o. NOV 1 8 2003 Pg. ~ mm'r ~) "n> ;-4'0 'rt') mO mo -r~ -4m -r~m~ ~m m~ '~'m 0:~ C:m oo 'n mr- m~ ce mz ~o ~m O~ Om Om m:]: Xm m~ ~0 g8 ~ I~ rn m ~ "q Z Z 0 .-t rn 0 0 AGENDA ITF._)I NOV 1 8 2003 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. I IN THE AMOUNT OF $3,830,285.95 TO APAC- FLORIDA, INC. TO INCORPORATE TWO ADDITIONAL TRAVEL LANES TO THE IMMOKALEE ROAD & UTILITY IMPROVEMENT PROJECT, FROM CR 951 TO 43RD AVENUE NE, PROJECT NO. 60018. (BID NO. 02-3419) OBJECTIVE: To obtain Board of County Commissioners approval of Change Order No. 1 to incorporate two additional travel lanes into the Immokalee Road & Utility Improvement Project to address recent development activity that will add significant vehicle volume to lmmokalee Road. CONSIDERATION: Subsequent to a publicly advertised bid process in accordance with Florida Statute, the Board of County Commissioners approved a construction contract on October 22, 2002, with 'APAC-Florida, Inc. to build new utilities, sidew',flks, street lighting and travel lanes along Immokalee Road from CR 951 to 43rd Avenue. Construction of this project will be in the ultimate 6- lane footprint, which means utilities, pathways and turn lanes would be located in their ultimate location towards the outside of the project footprint and any future expansion or adjustments would come from the median. The low bidder was approximately $4.4 million lower than the second lowest bidder. Since the construction contract was signed, there have been construction permitting delays and, in the interim, several new Planned Unit Developments (PUD's) have been approved by the Board of County Commissioners. PUD's such as Ava Maria and Heritage Bay will create thousands of new homes and businesses along Immokalee Road sooner than anticipated. Also, previously approved residential and commercial development has already occurred at an astonishing rate. Thus, the County is faced with an exigent and pressing need for still greater expansion of the subject roadway. Understanding that today's need is to construct 6-travel lanes within a significant portion of the entire eight mile project length, staff worked in coordination with the Clerk of Courts and presented a Supplemental Agreement to the Board of County Commissioners on July 29, 2003, which authorizes the County's design consultant to come up with the additional quantity estimates and plans for the additional two lanes. These two additional lanes will come from the median between Collier Blvd. and to a point north of Oil Well Rd. North of Oil Well Rd., the road will transition to the planned 4- lane cross section, then to the existing 2-lane road north of 43ra Avenue NE. At this time the consultant is far enough along to provide the necessary information so the construction contractor can indicate the additional costs associated with adding two travel lanes adjacent to the four currently under construction. Attached, please find a Change Order that identifies: 1. Bid Item Number (as found in the contract); 2. Description of that item; 3. Increase (or decrease) of the quantity of the item; 4. Unit description of the item; and 5. Cost associated with the increased (or decreased) quantity. NOV 1 8 2003 ' Po. ' Page 2 of 3 Change Order No. 1 amounts to $3,830,285.95 and adds 180-calendar days to the project. The Transportation Division plans to completely fund this Change Order with Road Impact Fees that have been of will be advanced by recent development in the area. This Change Order does not yet reflect necessary costs associated with maintenance of traffic (MOT). MOT is the process of establishing traffic control, conveyance and safety. The existing contract provides funds for MOT; however, additional MOT funds will be necessary in order to manage traffic around the construction of the two additional vehicle lanes. These costs will be presented to your Board in a subsequent change order when the details associated with the revised MOT plans are submitted by the Contractor and reviewed by the Department. This office has worked closely with the County Attorney Office and the Purchasing Department on this issue. After significant review of the statute and research in the areas of case law and governmental purchasing policy in Florida, it is staff's conclusion that this Change Order conforms to the law and is consistent with governmental purchasing policy throughout Florida. In discussing this issue with various parties, the option of putting this work out under a separate bid solicitation was considered. However, after careful consideration, it is the opinion of staff that this change order is the correct means to achieving the work in the most timely, effective and cost-competitive manner. FISCAL IMPACT: A Developer's Contribution Agreement (DCA) is being drafted that will provide for the advancement of approximately $4,000,000 in road impact fees from U.S. Homes. This Change Order will ultimately be funded by this advancement of these road impact fees through this DCA. Until the DCA is approved by the Board of County Commissioners, funds in the amount of $3,830,285.95 are available in the Transportation Supported Gas Tax Fund and Road Impact Fee Fund. The expenditure of these funds, if any, will be reimbursed upon receipt of the advanced impact fees. GROWTH MANAGEMENT IMPACT: This modification is necessary in order to comply with the Transportation Growth Management Plan. Without these improvements, the approved development in this area and its resulting traffic will bring the level of service below the requirements set forth in the Growth Management Plan. This project is identified as Capital Improvement Element No. 71. RECOMMENDATION: That the Board of County Commissioners: Approve Change Order No. 1 in the amount of $3,830,285.95 and for the Immokalee Road Project, Project No. 60018 and authorize the Transportation Administrator to sign; and Upon Board approval of a DCA between the County and U.S. Homes, approve the necessary budget formalities to receive advanced impact fees from U.S. Homes in the amount as specified in the DCA and allocate those funds towards this Change Order and any reimbursement of funding sources used during the execution of the DCA and processing of funds. NOV } 8 2003 Page 3 of 3 Gre~-g R. Strakaluse, D~ecXl-or'''~ Engineering & Construction Management APPROVED BY:~ D~ecrtor~'~/ Purchasing/General Services APPROVED BY: ~s ~t County Attorney APPROVED By:C°~~~~-~ N~na/{ 1~..FedeX: .~.CP, Administrator Trans/ortation Division DATE: DATE: ]O/~-I /O,.~ DATE: it e, _ 2~ '2- ,-- O "~ DATE: AGENDA 'ITE~M No...~.' ~...~ (~, NOV 1 8 2003 CHANGE ORDER TO: APAC- Southeast, Inc. FROM: Collier County Ft. Myers Branch Transportation Engineering & Construction 14299 Alico Road Management Department Ft. Myers, FL 33913 2675 South Horseshoe Drive, Suite 401 Naples, Florida 34101 Project Name: Immokalee Road Collier Blvd. To 43rd Avenue NE - Project No.: 60018 Agreement Dated: P.O. No.: 45 00002113 Date: October 16, 2003 Change Order No.: One (1) Contract No.: 02.-3419 Change Order This Change Order extends the Plan quantities to cover the cost of the Six Lane Addition to Description: the roadway Original Agreement Amount .............................................................. $ Sum of previous change orders amount ................................................. $ This Change Order Amount .............................................................. $ Revised X greement Amount ............................................................... $ · -,0,107,739.20 0.00 3,830,285.95 33,938,025.18 Original contract time in calendar days .................................................. Adjusted number of calendar days due to previous change orders This change order adjusted time is Revised Contract Time in calendar days ................................................ 1,490 180 1,670 Original Notice to Proceed date ......................................................... September 15, 2003 Completion date based on original contract time' _ ................................. October 14, 2007 Revised Completion date ............................................................ April 11,2008 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as. contained in our Agn-eement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this A~eement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. .. Prepared by: .,~~ ~/./~/'ff,~'ff../"'"'.~---~~ October ~6, 2003 /'Mark K. Be~verson, CEI Oj~e. ctor / Johnson Engineenn"-'~7[hc. Date Recommended by/.' 5'"~ ~ Accepted by: ,~'~ /~ --- ~./- t9 ~:~ APAC-Southeast, Inc. ~/~2(~5,Tanner Area Manager Date Approved by (5i9~~ .... ,,~ L.y~l'._~ ¢, Senior Project Manager /aty haft R. Stragulus~. P --., Director/T.E.C.M. 'Authorized by: N~rm/e~ler, Al~,,,~l;Ttor/Transportation Division ~~' Approved by: ~J,~} Ro'~,~,nde~:sgn. Director PJJ.E.Q,//,¢/¢ , 8 2003 ~arne~, Purch~sin9 Director Six-Lane Widening Addition Project: Immokalee Road Collier Blvd to 43rd Ave. NE Project No.: 60018 Contract No: 02-3419 P.O. No.: 45 00002113 Contractor: APAC-Southeast, Inc. Description: Quantity Adjustments for Six_Lane Addition CHANGE ORDER NO.: 16-Oct-03 Item No. Description QUANTITY 101-1 Mobilization 102-10 Unit Cost (LS) Total Cost Off-Duty Law Enforcement Officer Unit Cost (MH) Total Cost 02-99-1 Sign Variable Message (Temporary) Unit Cost (ED) Total Cost 104-4 Mowing Unit Cost (AC} Total Cost 120-6 Embankment Unit Cost (CY) Total Cost i160-4 285-709 IType "B" Stabilization (LBR 40) (12") -IUnit Cost (SY) ~Total Cost IOptional Base Group 9 (Lime Rock 10") IUnit Cost (SY) ITotal Cost 331-72-32 lType S-I Asph Conc (Incl Bit) (3 1/4") lUnit Cost (SY) ' Total Cost 331-72-10 Type S-Ill Asph Conc (Incl Bit) (1") Unit Cost (SY) Total Cost 520-1-10 Concrete Curb And Gutter (Type F) Unit Cost (LF) Total Cost 150 180 (27) (36,571) 148,204 129,679 129,679 129,679 83,365 522-1 Concrete Sidewalk(4"Depth) Unit Cost (SY) Total Cost 522-2 Concrete Sidewalk (6" Depth) Unit Cost (SY) Total Cost . Water For Grassing Unit Cost (MG) Total Cost Sodding (Bahia) Unit Cost (SY) Total Cost 570-9 575-1-1 Category I - Roadway Total 22,661 444 (948) (148,204 LS MH COST $ 81,007.00 $ 81,007.00 $ 36.00 $ 5,4oo.oo $ 23.70 $ 4,266.o0 $ 51.50 $ (1,390.50) $ 7.60 $ (277,939.60~ $ 1.6O $ 237,126.40 $ $ 1,084,116.44 $ 6.65 $ 862,365.35 $ 2.15 $ 278 $ $ 483,517.00 $ 14.75 $ 334,249.75 $ 24.00 $ 10,656.00 $ 17.50 $ (16,590.00 18 2003 I- Category II! - Signing And Marking Item No. Description 706-3 Retro-Reflective Pavement Markers Unit Cost (EA) $ 3.60 Total Cost 1,043 EA $ 3,754.80 711-33 Skip Traffic Stripe, Thermoplastic (White) Unit Cost (LF) $ 0.12 Total Cost 14,682 LF $ 1,761.84 711-35-181 Solid Traffic Stripe, Thermoplastic (White)(18") Unit Cost (LF) $ 1.96 Total Cost (381) LF $ (746.76) Category III - Signing And Marking Total $ 4,769.88 Category IV - Signalization Item No. Description 650-51-311 Traffic Sicjnal (3-Section, 1-Wa¥)(Horizontal Mt) Unit Cost (AS) $ 635.00 Total Cost 8 AS $ 5,080.00 659-101 Signal Head Auxiliaries (Back Plate, 3 Section) Unit Cost (EA) $ 110.00 Total Cost 8 EA $ 880.00 · 59-,,,,, S,u,,,= H-~,~u ~uX,,,~r e~ (Tunnel Visor) Unit Cost (EA) $ 1.05 Total Cost 24 EA $ 25.20 CATEGORY IV - SIGNALIZATION TOTAL $ 5,985.20 i CATEGORY V - LIGHTING Item No. Description 620-1-1 Grounding (F&I) Unit Cost (LF) $ 3.85 Total Cost 4,000 LF $ 15,400.00 630-1-12 ;2" Conduit (F&l)(Underground)-(Future Traffic Conduit) :Unit Cost (LF) $ 2.30 Total Cost 24,990 LF $ 57,477.00 635-1ol I ITraffic Pull Boxes Unit Cost (EA) $ 170.00 Total Cost 92 EA $ 15,640.00 715-1-113 Conductor (F&l)(Insulated #6) Unit Cost (LF) $ 0.41 Total Cost 49,090 LF $ 20,126.90 715-1-114 Conductor (F&l)(Insulated ff.-4) Unit Cost (LF) $ .... n 15-2-111 2" Conduit (F&l)(Underground) NO._ Unit Cost (LF) $ :2,.,?,~. Total Cost 49,090 LF $ )7,99~1~)~ 1 8 2003 715-7-12 Load Center (Primary Voltage) Item No. Description QUANTITY COST iUnit Cost (EA) $ 3,690.00 Total Cost 3 EA $ 11,070.00 715-14-11 Pull Box (F&l)(Roadside)(Lighting) Unit Cost (EA) $ 170.00 Total Cost 66 EA $ 11,220.00 715-36-1 Frangible Base For Lightpole Unit Cost (EA) $ 330.00 Total Cost 187 EA $ 61,710.00 715-500-1 'Pole Cable Distribution System (A)(Conventional) Unit Cost (EA) $ 635.00 Total Cost 187 EA $ 118,745.00 715-511-145 Lighting Pole Complete (F&I) (Single Arm, Shoulder Mount-Aluminum 45 Ft Poles) Unit Cost (EA) $ 2,055.00 Total Cost 187 EA $ 384,285.00 CATEGORY V - LIGHTING TOTAL I $ 893,997.50 TOTAL CHANGE ORDER NO.: I [ $ 3,830,285.95 AGENDA. ITEM No. ~.[_~0.___~ [ NOV 1 8 2003 pg. -'/ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Immokalee Road~ Collier Blvd. To 43ra Ave NE PROJECT Cf: 60018 BID/RFP #: 0.t_-3419 MOD #: I AMOUNT $ .3~830~285.95 OF THIS CHANGE PO #: 45 00002113 CONTRACT AMOUNT: ORIGINAL $ 30,107,739.23 S 33,938.025.18 Last BCC Approved Amount $ Date of Last BCC Approval CURRENT (STARTING POINT) (INCLUDING THIS CHANGE ORDER) 30,107.739.23 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) 7-29-03__ Agenda Item # 10F Percentage of the change over/under current contract amount 11.3 Formula: (Current Amount/Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORiGiNAL: October 14,2007 SUMMARY OF PROPOSED CHANGE (,.,/. This additional travel lanes to lmmokalee Road CURRENT: April 11 , 2008 C.O is to adjust qu,=,~dde~ needed to build two (2) JUSTiFICATiON FOR CHANGE (S): With the upcoming developments of , Heritage Bay and also Ave Maria~ the extra lanes will be needed in order to handle the increase in traffic alonq this corridor. PARTIES CONTACTED REGARDING THE CHANGE: APAC Southeast inc. , Johnson Engineering; Gre.q.q Strakaluse TE & CM director IMPLEMENTATION STEPS (Verify each before proceeding with change.using Y, N or N/A) x Proposed change is consistent with the scope of the existing agreement __x Proposed change is in fact an addition or deletion to the existing scope x Change is being, implemented in a manner consistent wit.h the existing agreement x The appropriate parties have been consulted regarding the change x Proposed prices, fees and costs set forth in the change are reasonable Revised 8/22/03 NOV 1 8 2003 PROJECT MANAGER RECOmmENDATION: APPROVE: ~"./~---.'-"-"~ ~~ DISAPPROVE: COMMENTS: Date: 10/16/03 Date: Revised 8/22/03 AGENDA. ITEM N o....._.~[~..~___ NOV 1 8 2003 EXECUTIVE SUMMARY BOARD APPROVAL TO UTILIZE TRANSIT ENHANCEMENT FUNDS (313) TO PURCHASE FOUR NEW TRANSIT BUSES UNDER STATE CONTRACT NUMBER FVPP-02-MD, TROLLEY DECAL WRAPS AND NECESSARY EQUIPMENT (IN THE ESTIMATED AMOUNT OF $547,248) OBJECTIVE: To acquire Board approval to purchase four new transit buses, trolley decal wraps and necessary equipment utilizing Transit Enhancement Funds (313). CONSIDERATION: The Collier Area Transit system's current service level requires a total of nine buses. This represents seven buses for existing routes and two spare buses. Next year, Collier Area Transit plans to expand services and the additional buses are needed. Staff requests approval to purchase, through State contract, four new Champion 24- passenger transit buses from Transit Plus, Inc., Atlantic Beach, FL., at a cost of approximately $547,248. Three buses would be purchased utilizing County Transit Enhancement dollars, which the County will be reimbursed from Federal Transit Administration (FTA) funds in the amount of $410,436. that has been allocated to Collier County. The fourth bus will be purchased utilizing County Transit Enhancement dollars in the amount of $136,812. Prices include installation of radios (through a State Contract with Communications International, Sole Source approval granted by the Board of County Commissioners, 9/14/99, Agenda Item No. 16.E.14) and trolley decal wrap by Stan Mitts/Trolley Illusions. The trolley wrap replicates that of current buses and is copyrighted by Stan Mitts, and hence this component of the project constitutes a sole source acquisition. ~i"~J:ISCAL IMPACT: The total cost for the four new buses is $547,248. The purchase of .'~ three buses will be initially funded from Fund 313 Gas Taxes Reserves and then reimbursed by FTA funds. The reimbursable amount from Federal Transit Administration (FTA) funds is approximately $410,436. The fourth bus in the amount of $136,812 will be funded out of Fund 313 Gas Taxes. A budget amendment is needed to transfer $410,436 from reserves and appropriate within the transit capital budget. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve: (1) the purchase of four new transit buses through Transit Plus, Inc. under State Contract FVPP-02-MD; (2) approve the purchase and installation of radios through Communications International (Board approved sole source 9114199, 16.E.14); (3) waive formal competition and authorize the purchase of the trolley decal wraps through Stan Mitts, who owns the copyright to these designs. The total amount of these expenditures is $547,248.00 and approve the necessary budget amendment. NOV 18 2003 Pg. J~. B~,.~, Public Transportation Planner // ,"/i Reviewed bY~)an Croft,'Fle(~t M~l~"~e~/c=(nt Director Reviewed by: ~. ;~ (~/~'~ ~'~'//~ Date: Steve C'a )~11, Purch~asing Director Reviewed by: ~Fla~ Date: J~ ~L~ Diane B. g, Traffic Operations /Alternative Transpor{atl'on Mod~._ ct~, Approved by: ! ~M~,~/, ~~ Date: Norma~ E. FedS;r, Transportation Services Administrator / NOV 18 2OO3 FROM FAX NO. FAX NO. :239213S899 Oct.. 87 2003 12:0GPM P2 TT~N~IT PLUS Colllm, court4? aocc I 1 1 Sm2,1oa.~o $so2,tg~.oo FROM : FROM: FAX NO. :23921i5899 Oct. 07 2~ 12:06PM P3 FAX NO. :5~25TF:~ Sep. 17 2Bla~ ~8:24AM P3 _NOV 1820O3 FROM : FAX NO. :2392135899 Oct. 07 2003 12:07PM P4 I F~ NO. : s'925'~3 I:~ste: tsar lC, 2003 Sew. 17 ~ E~:~ P2 Toff Fr~; I-Ir?7-443.:~A38 NapI#, FL Phone: Fmc ~ Copyr~t, 1998 8tan Mitta *q/Au 4~3.735 Federal ZI)~; 38,.26] 6698 NOV 1 8 2003 FROM FROM : $~ a~ Marlol-le Iditte FAX NO. :2392135899 Oct. 1~ 200~ 02:06PM P2 FP~ NO. : 592S?~J ~ HO. : S17 7~0 Oct. 1J ~ I~;17PH P2 S~'tni~ Arbor, Pbgc: .fl'/?$0-1 'roll f,h:e: Fox: $]? Wz~: ~vww.~retle~ll L.~lon~e~nt DI~.: Ootoher I0.2003 , To: Cofller A~a Tran~ ~one: 230 696-7777 Fax: ~ ~92-~7'~ Copyrli~ 19g$1Slm~t~ /IVAu 45:1.735 Cost A N I'~M No. NOV ! 8 2003 FROM : FAX NO. :2392135S99 Oct. 13 2003 02:07PM P3 Ff~< NO. :5925?63 Oct. 13 213~3 12:1SP~1 P3 ~. ~ M. MUNICATIONS ..... ~'q - ~T~_.~.,~TIO~TAL, ~NC. I C~WTR6L tff~T, BJ~OT~ MOUNT $~J~'.50 $~?.~o $39.1S S~9.)5' STANDARD P.I~OTE MOU~ INST~T L~10~ $17~.7S S~3.7~ A00 ~ 1/4'w%v?. A2q'Tn2~h $40.00 MO,O0 ~INO $32.'~0 $~i_4Q FROM : FAX NO. :25921~5899 Oct. 1~ 200~ 02:07PM P4 Fi=C)(: NO. :5-'c~57E3 Oct. 13 ~ 12:18PM PS ,Addra~ ~ ,~HrN, e a Phone P.O,# C~ckv Dme 30' Bags W~ ~ Do~o Front ~ 8ur ~k Chid ~b dW TOTAL Collier County gOCG (M1) T~.MM 1 22 1 1 1 2 1 1 $11s. oo 8116.oo 1320.00 ~,0,10.00 mleo.oo lweo.oe .$1,~50.oD SO. riO $?,0?'O.(X) $1S,g60.0O ~Z.614.00 ~Z,614~0 ~,t78.00 soe~.oo t'fTO.O0 60.0o ne1 .o0 S18S.00 $~,MO.QO $t,m0.00 FROM : FP~ NO, :23921~5899 Oct. 14 200~ 04:49PM P1 STAN MI'~S SIGNS 7180 Sprin~ Arbor Ecl. PO Box ~05 Spring Ar~or~ 1~ 49~88 Photo: B17-'/50-1177 Toll F~m 1-877;~.!B-2888 Fax:. E-mil: saudm~n~ampo~Lcom W~b site; www. tmlls~lusions.oom Fleet AGEND,~ I~.,M No._ ~.'~,~ - NOV 18 2003 pg. EXECUTIVE SUMMARY BOARD APPROVAL OF ADOPT-A-ROAD PROGRAM AGREEMENTS AT THE BOARD OF COUNTY COMMISSIONERS MEETING ON NOVEMBER 18, 2003 OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements signed by the volunteer groups of certain adopted roadways under the Collier County Adopt-a- Road program. CONSIDERATIONS: that the volunteer groups so named be recognized as the sponsors of the particular segments of roadway named in the Agreements, to perform litter removal in accordance with instructions contained in the Agreement. ,~ FISCAL IMPACT: Cost of providing safety vests, pick-up sticks and/or grabbers, trash bags and traffic control signs to the volunteers on a loan basis for each pick-up. Cost of constructing and placing a roadside sign at either end of the roadway segment listing the Volunteer Group as the sponsor and responsible for keeping the area free of litter. RECOMMENDATION: That the Board of County Commissioners recognize the volunteer groups listed on the Agreements as the sponsors of the listed roadways and the Chairman execute the Agreements on behalf of Collier County. Prepared by: Barbara Lee, Adopt-a-Road Coordinator Transportation Maintenance Reviewed by: ~ .~i~V 1~ c(~ ~upe~n-t [~nd e nt v ~_-~1' .ransportaJion Maintenanc~ l~/I~ch~e~lamaki, DireCtor Tr~/~a_ ti on.~l~. ~ance Approved by: I /rDV,~/-. ~ Nonn]fi:i g. F~der, Administrator Tranlportation Division Date: 10-~3 -o..3 Date: NOV ! 8 2003 Pg. ~ COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this ,t.~> day of ~>C)-]'"; ,2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, NAPLES SAFE DRIVING ACADEMY (hereinafter called the "GROUP"). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-fi'ee roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter-free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as AIRPORT-PULLING RD. from GOLDEN GATE PARKWAY to RADIO RD.and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: 1o Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Road~w~y Section in accordance with the Florida Depamnent of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult superviso,- fi~r everv 5 youths, ages 14-17. who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for 'its participating members. Participants must sign a hold harmless Agreernent, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter-pick-up on one side of the road at a time. 9. Remove litter during daylight hours only. 10. Not pick up litter at construction sites, in tunnel or on median. N NOV 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two- )'ear period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP pa]ticipants shall wear COUNTY supplied and approved safety vests while on the road ~: 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when dc u v i ty is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUqx4TY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre-printed forms will be furnished by the COU~'NTY for making the reports and should be filed with the COUNTY project coordinator. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the organization, which t_~e volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COU~xlTY within two workdays following cleanup or, (2) with COUNTY Coo~,m~¢,~,~, ~ permission, be retained by the GROUP during Agreement period. · 'FHE COUNTY SHALL: 1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash-bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If'.. in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms mid conditions of this Agreement, the COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. AGENDA I'r_EM No.._~~-~ NOV 18 2O03 The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County-owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as AIRPORT-PULLING RD. from GOLDEN GATE PARKWAY to RADIO RD. and thc GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter-free environment in the community for a period beginning November 1, 2003 and ending October 31, 2005 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and ifs officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person perforlning litter removal as part of the GROUP during the performance of the ,,\greement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons of property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. iN WITNESS WHEREOF. the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By TOM HENNING, Chairman AGENDA IIEM No. II A - T.t"-"' I NOV 1 8 2003 GROUP: GROUP: NAPLES SAFE DRIVING ACADE~. rT-~ ,,Tf"'~~) .~ ]'-' / ~ ,President ~)~ap'~ pr&i~en~nt) Grohp s AdoS?A-Road ghairman (print) Group's Adopl-A-Road ChMrman's Address Phone ~ (day) Phone S (night) Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson ,'\ssistant County Attorney NOV ! 8 2003 Pg. ~ EXECUTIVE SUMMARY APPROVE A WORK ORDER AMENDMENT, UNDER CONTRACT # 01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH HUMISTON & MOORE ENGINEERS FOR WORK ORDER HM-FT-02-07, HIDEAWAY BEACH RENOURISHMENT DESIGN, PROJECT 90502, FOR AN ADDITIONAL $1,262.50 OBJECTIVE: To obtain Board of County Commissioners approval to amend Work Order HM- FT-02-07 with Humiston & Moore Engineers for Hideaway Beach Renourishment Design for an additional $1,262.50. CONSIDERATIONS: On September 11, 2001, Agenda Item 16.C.13, the BCC approved the Hideaway Beach Renourishment project with a budget of $335,500. A work order, HM-FT-02- 07, and purchase order were issued to Humiston & Moore (H&M) Engineers for $85,220 to design the project. A joint coast permit application has been drafted under a follow-on work order for $103,000. The Board of County Commissioners approved the Beach Access Master Plan at their meeting on May 27, 2003. During that meeting, direction was provided to develop a funding policy based on public access and use. Staff was also directed not to let the policy issues impact the schedules of any beach maintenance projects. The subject work order includes a time and materials task to attend meetings, make presentations and to provide additional information. The original estimate has been exceeded due to attending additional Coastal Advisory Committee meetings to respond to additional questions. The additional funds requested, based on actual costs, are $1,262.50. The Coastal Advisory Committee recommended approval at their meeting on October 9, 2003. The Tourist Development Council recommended approval at their meeting on October 27, 2003. FISCAL IMPACT: The source of funds is the Tourist Development Tax and funds are available in the project budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a $1,262.50 work order amendment with Humiston & Moore Engineers for the Hideaway Beach Renourishment project and authorize the Public Utilities Division Administrator to execute the amendment. NOV { 8 20{)3 SUBMITTED BY: Ron Hovell, P.E., Coastal Projects Manager REVIEWED BY: Roe. Anderson, P.E., Public Utilities Engineering D~rector REVIEWED BY: ,~~~ ~.A (~, C~ ~ Date: {0(~[ 2tea;hen '/.'Ca~ell, m[rchasin~7~era~ervices Director APPROVED BY: ~ F~ ~~------~.. Date.~.~r~'~-~ s W. DeLony, P.E., Public Util~s Administrat NOV ! 8 2003 HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN * AND PERMITTING Invoice Submitted to: Ron Hovell Public Utilities Engineering Dept. 3301 East Tamiami Trail Bldg H - 3rd Floor Naples, FL 34112 21-Aug-03 In Reference To: Purchase Order 206011 HM File No: 12-028 Invoice # 82103a-Phase 1-complete Task 1 Design Hideaway Beach Re-nourishment (Lump Sum) Original Contract Amount Under Task 1 Previously Billed Invoice Amount Balance of Contract Task 2 Meetings, Presentations, etc Original Contract Amount Under Task 2 Previously Billed Balance of Contract Invoice Amount BALANCE LEFT IN TASK 2 Breakdown of meetings Slip Time task User Date Units Work Order Amendment Requested Rate Description 2 Principal 4/10/03 13.5 I 150.00 2 Principal 5/8/03 14 I 150.00 2 Principal 6/12/03 14 I 150.00 Total Amount of this bill Presentation at Coastal Advisory Committee Attend Coastal Advisory meeting Attend Coastal Advisory meeting $ 82,520.00 $ 82,52O.OO $ $ - $ 2,700.00 $ 2,237.50 $ 462.50 $1,725.00 $ (1,262.50) $1,262.50 $525.001 $600.00 $600.00 $1,725.00 NOV I 8 2003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Hideaway Beach Renourishment PROJECT #: 90502 BID/RFP #: 01-3271 MOD #: 1 AMOUNT OF THIS CHANGE $ 17262.50 PO #: 206011 Work Order #: Work Order HM-FT-02-07 CONTRACT AMOUNT: ORIGINAL $ 85~220.00 CURRENT $ 867482.50 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ None - under ~907000 (LAST TOTAL AMT. REQUIRING aCC APPROVAL) Date of Last BCC Approval NIA Agenda Item # N/A Percentage of the change over/under current contract amount 1.5 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 11/15/02 CURRENT: 6/12/03 SUMMARY OF PROPOSED CHANGE (S): Additional $1,262.50 for attendinq meetinqs, makinq presentations and responding to additional questions from the Coastal Advisory Committee as well as a time extension to cover throuqh the final Coastal Advisory Committee meetinq on June 12, 2003. JUSTIFICATION FOR CHANGE (S): Task 2 of the subiect work order was estimated at $2,700, time & materials, for attendin.q meetin.qs, makin.q presentations and respondin.q to questions concerninq the design work. The Coastal Advisory Committee requested that Humiston & Moore Enqineers attend the April 10, 2003, May 8, 2003 and June 12, 2003 meetin.qs and the actual costs exceeded the work order estimate. PARTIES CONTACTED REGARDING THE CHANGE: Humiston & Moore Enqineers Lyn. Wood, PURCHASING; Ken Humiston, IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Date: DISAPPROVE: Date: COMMENTS: This proposed work order amendment is an increase of 1.5% over the oriqinal work order amount and is still below $90,000. Therefore, staff has the authority to execute this work order amendment. Revised 8/22/03 AGE NOA IT[h, .0. / NOV 1 8 2003 P~, 4 WORK ORDER #HM-FT-02-07 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 known as Hideaway Beach Access Renourishment (90502). The xvork is specified in the proposals dated August 21, 2003 that is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #HM-FT-02-07 is assigned to Humiston & Moore Engineers. Scope of Work (no change): a. Task I - Design Hideaway Beach Re-nourishment b. Task II - Meetings, Presentations, etc. Schedule of Work: Complete all work by June 12, 2003. Compensation: In accordance with Article Five of the Agreement, the County ~vill compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). This compensation schedule supercedes the original work order, compensation schedule. Task I $82,520.00 Task II $ 3,962.50 (actual costs) Total $86,482.50 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Ron Hovell, P.E., Coastal Projects Manager Date REVIEWED BY: REVIEWED BY: Roy B. Anderson, P.E., PUED Director Date Stephen~.'Ca~ell, Purchasing/General Services Director Date AUTHORIZED BY: JamesW. DeLony, P.E., Public Utilities Administrator Date ACCEPTED BY: Humiston & Moore Engineers Authorized Company Officer Ken Humiston, P.E., President Type or Print Name and Title Date NOV I 8 2003 PG. EXECUTIVE SUMMARY AUTHORIZE A WORK ORDER TO PROFESSIONAL SERVICE INDUSTRIES (PSI) UNDER CONTRACT NO. 03-3427 ("ENVIRONMENTAL ENGINEERING, REMEDIATION AND RESTORATION SERVICES FOR COLLIER COUNTY") FOR DESIGN SERVICES FOR THE IMPROVEMENTS TO THE NAPLES LANDFILL HOUSEHOLD HAZARDOUS WASTE CENTER, TRUCK SCALES, SCALEHOUSE, AND COUNTY LANDFILL OPERATIONS CENTER IN THE AMOUNT NOT TO EXCEED $125,000. OBJECTIVE: To improve County owned and operated facilities at the Naples Landfill. This includes relocating the household hazardous waste center and upgrading the scales and scale house facilities to accommodate the increased number and size of solid waste vehicles. It will reduce truck stacking and backup on White Lake Boulevard during peak hours, improve traffic and site safety, and improve the operational efficiency of the monitoring and information management at the Naples Landfill. CONSIDERATIONS: 1. The Solid Waste Management Department operates the household hazardous waste center and the scale house at the Naples Landfill. Operations include weighing and comprehensive data management of all incoming and outgoing materials, collection and compilation of billing information, segregation and classification of incoming and outgoing materials, and collection of fees from customers without an account. 2. The present 200 square foot scale house was designed to accommodate about 200 trucks per day with room for one employee. Currently, two employees are in the building and traffic has increased to 400 - 500 trucks per day. The limitations of the present facility are causing delays at the scales, inefficient maintenance of scale house records, reduced ability to check the declared classification of solid waste materials entering the landfill, and unsafe conditions for drivers and staff. 3. The backup of solid waste vehicles at the scale house frequently overflows onto White Lake Boulevard creating safety problems and the potential for traffic accidents. 4. PSI, Inc. will design a Landfill Operations Center that will include three new scales, an improved weighing system, a camera system to visually inspect the contents of declared loads for reported accuracy, an odor monitoring and response center, a weather station and field analysis center, records storage area, and landfill monitoring and management offices. 5. The Landfill Operations Center will be moved away from the gate to allow for improved traffic flow, on-site stacking and more effective control of materials entering and leaving the landfill. 6. The existing Recycling & Household Hazardous Waste Center (HHWC) will be removed to make way for the Operations Center. The new improved HHWC facility will be moved closer to NOV *! 8 2 03 PG.. [ the entrance making it safer and more convenient for the customer by eliminating the need to cross the scales. This HHWC center will also include a recycling convience center for non- hazardous recyclables to provide alternative to disposal options. 7. Contract No. 03-3427, "Environmental Engineering, Remediation and Restoration Services for Collier County", was awarded by the Board on October 28, 2003, Agenda item 16 C (7). 8. In accordance with the terms and conditions of the contract, Work Orders over $90,000 must be approved by the Board. GROWTH MANAGEMENT IMPACTS: There are no Growth Management Impacts associated with this project. FISCAL IMPACTS: Funds are available in the Solid Waste Disposal Fund (470). RECOMMENDATION: That the Board of County Commissioners authorize the Work Order in the amount not to exceed $125,000 for PSI to assist in the planning and design of the Naples Landfill Operations Center. Prepared by: ~ Date: ronmental Compliance Manager Solid Waste Management Department Reviewed by: ~-'"'-- ~ Date: G. George Yilmaz, Director Solid Waste Management Department Purchasing/General Services D~ Approved by: ' ~ ~.-DeLony, P.E., Administra7 orks Utilities Date: Date: ~tr'~t''''c~,2~ A?.~..NI)A ]_TEN ~ · NO o .~_.~_~'~ NOV 1 8 2003 PG. ~.~~ · Work Order #552-G3158 Design for Operations and Recycling Center Naples Landfill, Collier County, Florida Collier County Contract # 03-3427 This Work Order is for Preliminary and Final Design for the Proposed Naples Landfill Operations and Recycling Center, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Proposed Operations and Recycling Center at the Naples Landfill, Collier County, Florida. Proiect Backciround: The Naples Landfill currently serves the Naples and Collier County area with a wide variety of waste disposal and recycling services. At the core of waste disposal is the active cells and other waste disposal/processing areas, with all users funneling through the scales located at the entrance to the facility. Waste Management, Inc. (WMI) operates the landfill with Collier County employees currently manning the weight scale house and performing landfill oversight. This background discussion addresses the scales and scale house, landfill operations center, weather station, recycling center, Waste Management facilities, and household hazardous waste collection center. The current landfill scales and scale-house are not adequate to service the Naples Landfill and require replacement. Among several factors, the scales fail to read weights accurately during most thunderstorms, which occur on a frequent basis. In addition, the fumes from an increasing number of trucks per day and noise are creating nuisance problems at the scale house with the equipment and personnel. Moreover, as the volume of traffic and size of trucks continues to increase, there is a need for improved traffic control, larger scales, and a relocation of the scale area. The landfill lacks an operations center. Collier County landfill oversight personnel are currently working out of the scale house or vehicle, as there is no office area on site for the collection and analysis of weather and other operational data. Collier County desires a landfill operations center to serve these and other needs. An upgrade or replacement of the weather station is desired including telemetry to the proposed Operations Center. Moreover, links to other data such as landfill gas detectors, flare operations, and leachate pumping are desired which would centralize the environmental requirements of the entire landfill and create a more efficient operation. Waste Management, Inc. (WMI) currently uses an office near the entrance to the landfill and a maintenance building located north of the scales. A landfill gas extraction and flare system is currently located at the yard waste recycling area. As part of landfill growth and facility upgrades, WMI plans to move the flare system, office, and maintenance building. The Collier County Household Hazardous Waste Collection Center (Collection Center) collects household hazardous waste from area residents including batteries, pesticides, paint, old gasoline, NOV i 8 2003 Naples Landfill Operations and Recycling Center Design Work Order 552-G3158 October 28, 2003 Page 2 and used oil. Collier County is concerned about the overall size, access, and arrangement of the existing Collection Center. Moreover, the Collection Center needs to be relocated for safer citizen access and to make room for the proposed scale area and operations center. Currently there is limited provision for household and business recycling at the Naples Landfill site. Collier County desires to incorporate into the proposed improvements a recycling center. Scope of Work: Following is an overview of the proposed scope of work: PSI proposes to perform the following scope of work to address the design of desired improvements at the Naples Landfill. Task A Preparation of Design Concepts Site Investigation: a. Site Survey: A Meets and Bounds survey, complete with topological, tree locations, easements, utilities and existing site improvements such as buildings, drives, etc. will be commissioned. b. Soils and Foundation Study: Soil borings will be taken at proposed new building locations and new proposed parking areas and drives in order to determine the correct structural foundation for all buildings and base foundations for parking lots and drive areas. In addition the groundwater table depth will be identified. Utility Permit Status: An investigation will be undertaken to determine the stormwater criteria previously permitted for the site and the ease in which that stormwater permit may be modified to reflect the new construction. Programming: a. Key individuals from Collier County will be interviewed to determine: · Staffing · Current and Future Growth requirements · Support'requirements (restrooms, lounges, storage, cash/coin safes, etc.) · Special Needs (security, technical equipment, phone/data, surge protection, lightening protection, other vendor equipment, etc.) b. Key individuals from WMI will be interviewed to determine project coordination, joint permitting opportunities, traffic flow and WMI facility locations. c. Key meetings with Collier County Site Permitting Officials d. Deliverables at the end of this phase will be: · Preliminary proposed site layout and floor plan alternatives will be prepared and submitted for Collier County review, comment and selection. · Proposed preliminary project schedule · Proposed preliminary phasing plan · P..roposed preliminary budget Naples Landfill Operations and Recycling Center Design Work Order 552-G3158 October 28, 2003 Page 3 C. Preliminary Design Documents Design documents will be prepared showing: a. Civil Engineered Documents: Site Grading Plan, Site Stormwater and Drainage plans which include retention ponds and drainage structures, Site Utility Plan which includes septic systems, potable water, electrical service, and fire water lines. b. Architectural Site Plan showing the location of existing and proposed new improvements such as: weather station, scales, scale monitoring areas, operation center, household hazardous waste collection center, recycling center, roads and parking area, traffic control devices. c. Architectural Exterior Elevations and Rendering showing the architectural look of the facility improvements. d. Architectural Floor Plans of any proposed new buildings e. Equipment cut sheets of major proposed items Other Design Documents a. Updated Project Schedule b. Updated Phasing Plan c. Updated Preliminary Design Budget d. Copies of Site Permit Applications Task B Preparation of Final Design Documents: PSI will prepare and submit final design documents and specifications for the new User Friendly Hazardous Waste Collection Center and other facility documents to include: A. Demolition Plans B. Civil Site Plan C. Civil Grading Plan D. Civil Stormwater Plan E. Civil Utilities Plan F. Landscape Plan G. Architectural Site Plan H. Floor Plan I. Reflected Ceiling Plan J. Roof Framing Plan & Details K. Exterior Elevations L. Wall Sections M. Building Section N. Door and Window Elevations/Schedule O. Head, Sill and Jamb Details P. Furniture Plan Q. Interior Elevations R. Casework Details S. Finish Schedule T. Structural Foundation Plan U. Structural Roof Framing Plan V. Structural Details NOV 1.....8 2003 PG._ ~7 -- Naples Landfill Operations and Recycling Center Design Work Order 552-G3158 October 28, 2003 Page 4 W. Structural Sections X. Mechanical Plan & Details Y. Plumbing Plan & Details Plumbing Plan & Details Z. Electrical Site Plan AA. Electrical Power Plan BB. Electrical Riser Diagram & Details CC. Security Plan DD. Phone, Data & Equipment Plan Schedule of Work: The Design Services will take approximately ten to twelve weeks to complete from the date of authorization not including review time by Collier County. Compensation: Based upon the scope of work outlined herein, the estimated cost for providing the services included in Task A is $46,320.00, Task B is $62,140.00, and a 10% Contingency of $10,846.00, for a Total of $119,306.00 (CADD technicians to be billed at a rate of $45.00 per hour, vehicles at $75.00 per day). PSI will conduct the work on a lump sum, Not To Exceed basis in accordance with Collier County Contract # 03-3427, Environmental Engineering, Remediation and Restoration Services for Collier County. Please note that the quantities for personnel are estimates only. Actual conditions may necessitate changes, which will be billed in accordance with the Contract. Additional work required beyond the scope of services included in this proposal will be invoiced in accordance with Section 2, Collier County Contract # 03-3427. ISSUED BY: REVIEWED BY: ACCEPTED BY: G. George Yilmaz Solid Waste Department Director Ste~h'e~jY. C~rnell ~ Purch~e~ng / General Services Director Nana G. Faulkner Professional Service Industries, Inc. (PSI) Date~ / Date > Date S:\EN~Collier County Engineering Contract D003~,Facilily Design Projects~,Naples Landfill Recycling~Work Order 1 Revised.doc .0. I NOV 1 8 2003 / EXECUTIVE SUMMARY AWARD BID #03-3566 TO ATLANTIC TRUCK CENTER AND APPROVE BUDGET AMENDMENT FOR THE PURCHASE OF ONE REPLACEMENT ROLL-OFF TRUCK IN THE AMOUNT OF $98,285.00. OBJECTIVE: To purchase one replacement roll-off container truck to ensure effective and efficient operation of Solid Waste Management Department recycling center operation. CONSIDERATION: 1. The Naples Recycling Center is in need of a new roll-off container truck to replace the existing 1995 International roll-off truck that is now in need of constant repairs. 2. This purchase was budgeted for FY03. Bid #03-3566 was posted on August 19, 2003. Twenty-five notices were sent and seven bids were received. Due to timing of the bid process, the purchase was deferred to FY 04. 3. Staff reviewed the bids received and deemed Atlantic Truck Center to be the lowest qualified and responsive bidder in the amount of $98,285. FISCAL IMPACT: Funds for the purchase of the roll-off container truck are available in reserves in the Solid Waste Disposal Fund 470 in the amount of $98,285. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: 1. That the Board of County Commissioners award Bid #03-3566 for the purchase of one roll-off container truck in the amount of $98,285 to Atlantic Truck Center. 2. Approve related Budget Amendment for the purchase of the roll-off truck. SUBMITTED BY: Gary i~Moro~:c(~, Solid Waste Operations Manager Solid×Waste~ Man~agement Department Da~ Croft, Director ~/~ Fleet Management Department' NOV 1 8 2003 / REVIEWED BY: G. George Yilmaz, Director Solid Waste Management Department Stephen Y. Purchasing/Gener;~irector APPROVED BY~~ ~ Jam)~s W. DeLony, P~., Administrator ....lic Utilities Divi,~on Date: Date: NOV 1 8 2003 NOV 1 8 2003 PG, ~ EXECUTIVESUMMARY WAIVE FORMAL COMPETITION FOR THE PURCHASE OF 200 REMOTE TRANSMITTING UNITS AND STANDARDIZE THE ACQUISITION OF RADIO TELEMETRY FOR WASTEWATER PUMPING STATIONS ON DATA FLOW SYSTEMS, IN THE AMOUNT OF $1,333,307 FOR PROJECT 73922 OBJECTIVE: To ensure effective monitoring of flows and equipment, and backup remote control of wastewater pumping stations. CONSIDERATIONS: This is a continuation of a multiple-year project to provide radio monitoring and control of the County's approximately 650 wastewater pumping stations. Collier County has 330 wastewater pumping stations monitored with telemetry and 320 without telemetry. Telemetry of all wastewater pumping stations has been identified as a priority in the County's Wastewater Master Plan. Continuous radio telemetric monitoring of the pump stations provides an efficient manner of checking the operation of the pump stations from a centralized control center. With telemetry, staff is alerted when sewage in the stations reaches high levels and staff is provided with other additional warnings and status indications. Crews are then dispatched to respond to alarms long before wastewater overflows into the community. This ensures that there is an added layer of protection to the public's health and safety. DataFlow Systems provided telemetry to the County through installation of Remote Transmitting Units (RTU's) on approximately 330 wastewater lift stations at an investment of approximately $2,450,000, at an average cost of $7,474 each. The proposed work is to add radio telemetry to another 200 pumping stations at a cost of $6,666 each. A copy of the proposal is attached. Staff considered soliciting formal bids for this purchase, ttowever, there are a number of impediments to doing so that are summarized as follows: 1. The Data Flow system operates in a closed architecture. Because of this technology, compatibility of other manufacturers' RTU's with the existing 330 Data Flow Systems units is precluded. 2. The system is only available for purchase through the company directly. 3. If a contract were awarded to another provider, the County would have to purchase additional interfacing software for every existing unit at an estimated cost of $5,000 per unit for a total additional cost in excess of $1,000,000. The Wastewater Department has utilized Data Flow equipment for several years and has experienced timely and satisfactory performance and service. Pursuant to this agreement, staff has negotiated a pricing schedule from Data Flow that includes quantity'discounts ranging from 5% to 15% and a commitment to hold the current pricing schedule in place through December, 2005. This equates to a savings of $124,400 for the purchase of the 200 units, and an estimated additional savifigs of $62,250 to purchase the estimated 100 units required to install telemetry on no. /6, P_ t~ NOV ! 8 2003 l'G., I Executive Summary Waive Formal Competition and Authorize PO for 200 RTU's Page 2 all wastewater pumping stations by the end of fiscal year 04/05. In addition, the agreement by Data Flow to holding pricing through December 31, 2005 effectively negates any CPI index or other increases in pricing. Staff has reviewed the proposal and has determined that the representative pricing is fair and reasonable. The basis for this determination includes a review of historical pricing, volume discount, and comparison with open architecture alternatives. This has resulted in a unit cost 10% lower than what had been paid historically. FISCAL IMPACT: Funds in the amount of $1,333,307are available in the Sewer Capital Fund 414 in Project 73922 Wastewater Collections Telemetry. The scope of work is consistent with funds budgeted in FY04, as approved by the Board on September 18, 2003. The anticipated purchase order 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). Source of funds is Wastewater User Fees. 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, standardize radio telemetry for wastewater pumping stations on Data Flow Systems, waive formal competition, and authorize a purchase order for 200 RTU's from Data Flow Systems in the amount of $1,333,307. ~NI)A IT£# ~,/", .0. NOV ! 8 2003 Executive Summary Waive Formal Competition and Authorize PO for 200 RTU's Page 3 SUBMITTED BY: j~,.~,~,~'/~ Date: Dennis McGee, P.E., InstmmentatioWSC~A Manager, PUED ~V~D BY: ~~~ Date: Karl Boyer, P.E., Utfl~s Engineering Principal PrQect Manager ~V~DBY: (~~~ & ~ Date: Roy ~derson, P.E., P~D Director ~V~WED BY: ~~ ~ Date: J~ph Cheatham, Wastewater Director ' - ~V~WED BY: .~~~ ~. ~"7 Date: [] Stephen'Y. Camell, murchasi~ctor ' -- ~PROVED BY~~:4 '~P. ~(//~ Date: ~'V ~~e~ W. Oe ~ony, P.~., Pub,~c ¢i,~o~ ~ dm~ / NOV ! 8 2OO3 · November 4, 2003 Quote No. 031104-01-rw Ms. Lyn Wood Collier County Public Works Email: lynwood@colliergov.net Re: Phase I: Proposed Telemetry Upgrade for 200 Lift Stations & Existing Polling Loops Relocation Services Dear Ms. Wood: Thank you for this opportunity to offer our products and services for the above referenced project. This proposal is for adding telemetry to 200 existing lift stations. This will be accomplished by installing at each station either a TAC Pack Telemetry Control Unit (TCU) or a Back Pack Radio (BPR) where a Pump Control Unit (PCU) already exists. Our services provide for antenna subsystem installation, central site configuration update, and verification of radio signal at each station. All products offered are compatible with Collier County's existing radio telemetry system. This 4 page quotation includes, and is limited to the following: · BILL OF MATERIALS: 1. (181) TAc Pack TCU: $ 778,662.00 Retail $ 5,061.00 minus 15% Quantity Discount is $ 4,302.00 each (1) RF Pigtail (1) RTU Surge Protection Kit (1) 3-Phase Surge Protector (1) Polyphaser Coaxial Surge Protector (1) Backup Battery (1) Interposing relays on all pump controls 2. (181) TAC Pack TCU Installation ($ 450.00 each) $ 81,450.00 3. (19) Back Pack Radio $ 38,855.00 Retail $ 2,153.00 minus 5% Quantity Discount is $ 2,045.00 each (1) Installation to existing Pump Control Unit (during tower installation) (1) RF Pigtail (1) Polyphaser (122) Complete Antenna Subsystem, includes:($1,258.00 each) (1) 21' Rohn Tower Assembly (130 mph wind rating) (1) RTA209 Antenna & coaxial cable assembly (1) Inst~llation services PLEASE VISIT OUR WEBSITE @ www.dataflowsys.com Data Flow Systems, Inc. 605 North John Rodes Blvd. Melboume, Florida 32934-9105 PH: 321.259.5009 $153,476.00 5. (76) Complete Antenna Subsystem, includes:($1,718.00 each) $130,568.00 This price is an estimated amount due to trees and power lines at these sites. Currently unknown considerations will have to be introduced in order for reliable communications to be obtained. (1) 35' Rohn Tower Assembly (125 mph wind rating) (1) RTA209 Antenna & coaxial cable assembly (1) Installation services (2) Complete Antenna Subsystem, includes:($ 795.00 each) (1) 10' Mast (not wind rated) (1) LAA217 Antenna & coaxial cable assembly (1) Installation services $1,590.00 7. (200) FCC licensing services ($170.00 each*) $ 34,000.00 Please note: There has been a price increase in FCC licensing services due to a cost increase for these services from the FCC. * Pricing is contingent on licensing sites in groups of no less than 50 at a time. Existing Central Polling Frequencies Relocation Services · Part 1: $ 22,000.00 A new Hyper SCADA Server with full redundancy (HSS002-2) and the latest revision Hyper Server Modules (HSM001-2) will be installed at the Shirley St. location and configured to take over 3 of the current SCADA polling loops. These loops include the MLS loop (216.950 MHz), the SW Region (217.300 MHz), and the SE Region (217.750 MHz). The new HSS002-2 will interface with the existing primary workstation computer. Includes the following: (1) HSS002-2, includes the following items: (1) NEMA-Grade Steel Enclosure with view-window (2) Modular Backplane -(2) Hyper Server Module (HSM001-2 P3, 700 MHz, 128 MB-RAM) (2) Network Switch Module (1) Network Fiber Module (2) Power Supply Module (1) RTU Surge Protection Kit (1) Network Switch, 4 Port 10/100-TX (1) Media Converter, Fast Multimode AT-MC101XL (1) CAT-5 Network Cable (to existing WAN) (1) Phone Line Surge Protector (2) 7.0 Ah Backup Battery (Built-in UPS) (1) Linux Operating System, by Red Hat (1) MySQL Software (1) HyperTAC II SCADA Software Existing Journal Data Conversion - Existing journals data will be transferred from the existing HSS to the new HSS. On-Site Installation Services - Installation Services include all installation labor and miscellaneous materials required to complete the central site equipment upgrade. : Data Flow Systems, Inc. PLEASE VISIT OUR WEBSITE @ www.dataflowsys.com / #0.. //J ~¢% ~ 605 North John Rodes Blvd. Melbourne, Flodda 32934-9105 PH: 321.259.5009 FAX: 321.~59.4006 - ' ~ / Nov [8 2003 / ~' ~ · Part 2: $ 31,836.00 A new central antenna and CTU will be installed at the Barn Rd. Tower location. The existing MLS 216.950 MHz frequency will be changed to 217.025 MHz and transferred via the existing wireless link from the current Shirley St. location to the Barn Rd. tower location. Includes the following: (1) RTU204 ,configured as CTU, includes: To be installed in Barn Rd. tower equipment building (1) 316 SS Enclosure (1) Modular Backplane (1) RF Pigtail (1) Radio Interface Module/radio (1) Fiber Interface Module (1) Power Supply Module (1) RTU Surge Protection Kit (1) Polyphaser Coaxial Surge Protector (1) Backup battery (1) CTA209 Antenna Installed on Barn Rd. tower (1) Anatech RF Filter Installed at Barn Rd. tower (1) CAT-5 cable assembly (1) LMR600 coaxial cable assembly (Estimated 230') (1) Installation services (includes antenna realignment at 15 remotes & professional tower services) (15) Radio Interface Module for Existing RTUs (1,325.00 each, worst case scenario) (1) FCC licensing services (For central site & 15 remotes) · Part 3: $ 2,430.00 At Shirley Street, the existing 217.950 MHz frequency will be relocated from the middle antenna to the top antenna. Then the existing 217.350 MHz frequency will be relocated from the botto~ antenna to the middle antenna. Services will be provided to realign the top and middle antennas to accommodate the new frequencies. Includes the following: (1) Installation services (including professional tower services) Spares, includes (15) TAC Pack TCU ($ 4,101.00 each) Retail $ 4,101.00 minus 5% Quantity Discount is $ 3,896.00 each $ 58,44O.OO QUOTATION NOTES: 1 The County will provide tree trimming services as indicated in the mutual project survey recently performed. 2 This quotation is quantity discounted priced and is based on all products and services being provided in one order. i " ~.o~ ~T~.. ~ · P,E^sE WS T OUR WEBS TE www.data, owsys. om ! Da~ Flow Systems, Inc. 605 No.h John Rodes Blvd. Melboume, Florida 32934-9105 PH: 321.259.5009 ,~; 321259.~0~ 1 82003 1-- , 3 Pricing is based on, no lift stations are can-type stations, the number of pumps at each site is 3 or less, existing floats provide level sensing, and all control panels are aboveground construction. All TAC Pack TCUs are to be mounted in the pump control panels. If a new control panel is required, the TAC Pack TCU will be shipped to the panel manufacturer for installation purposes. 4 Our services provide for the installation, of the county provided control panel intrusion switch. 5 This quotation assumes that entry by our employees into "Confined Spaces" and/or "Permit-Required Confined Spaces" as defined by OSHA is not required by the scope of the work to be performed under this quotation. 6 This quotation assumes that all electrical equipment to be accessed by our employees can be temporarily removed from service. 7 Only those items and services specifically listed above in the Bill of Materials are included in this quotation. The quotation totals $1,333,307.00 and does not include any applicable taxes. Lead-time can be determined at the time of order entry. Unless otherwise noted, prices are F.O.B. job site. Payment terms are NET 30. This quote will be honored for 90 days. Please contact me at 321-259-5009 with any questions or comments. Sincerely, Data Flow Systems, Inc Randy E. Wyatt Sales Manager Emaih randy~dataflowsys.com Data Flow Systems, Inc. PLEASE VISIT OUR WEBSITE @ www. dataflowsys.com 605 North John Rodes Blvd. Melbourne, Flodda 32934-9105 PH: 321.259.5009 FAX: 1,,78 2003 EXECUTIVE SUMMARY AWARD A CONTRACT TO DOUGLAS N. HIGGINS, INC. FOR CONSTRUCTION OF THE REUSE WATER SYSTEM SERVICE CONNECTIONS, PHASE 2, BID 03-3560, PROJECT 74020, IN THE AMOUNT OF $577,000. OBJECTIVE: To receive approval to award a contract for construction of the second phase of the Reuse Water System Service Connections and approval of the necessary Budget Amendment. CONSIDERATIONS: The 2001 and 2002 Wastewater Master Plan Updates include the installation of backpressure sustaining valves at all reclaimed water meter assemblies that do not have them. Backpressure sustaining valves are required to maintain the operating pressures in the existing reuse system. Not having the backpressure valves requires manual operation of isolation valves to limit the flow that reaches customers nearest the treatment plant and to allow flow to reach more distant customers. The project was divided into two phases. Phase 1, which was awarded by the Board on December 1, 1998, Agenda Item 16 (B) 5, and which provided for modifications to fourteen existing reclaimed water service connections, has been completed. Five services were omitted from Phase 1 modifications due to lack of easements. Those easements have now been obtained. Phase 2 is intended to modify these five service connections and two additional sites requiring modifications. This completes all current system backpressure sustaining valve requirements. On September 10, 2003, four bids were received for Phase 2 as follows: Douglas N. Higgins, Inc. Florida State Underground, Inc. Quality Enterprises USA, Inc. Mitchell & Stark Construction Company, Inc. $577,000.00 $653,937.11 $663,482.0O $727,000.00 The Engineer's Estimate for Phase 2 was $508,600. Only two electrical subcontractors and integrators provided quotes. The limited competition seems to account for the higher than estimated electrical costs. Douglas N. Higgins, Inc. was the lowest, responsive bidder. They have a satisfactory performance record on previous projects involving similar work. The Engineer has reviewed the bid and recommends award to them. FISCAL IMPACT: The project is included in the FY 2004 Budget adopted by the Board on September 18, 2003, Agenda Item 2H, (Resolution 2003-318). Funds were budgeted from impact fees. Since the project will maintain pressure to serve existing customers, funds should be from user fees. Funds in the amount of $577,000 are needed for construction and funds in the amount of $57,700 are needed to provide a construction contingency of 10%. A budget amendment in the amount of $634,700 is needed to transfer funds from Wastewater User Fee Reserves to Project 74020 - Reclaimed Water Backpressure Sustaining Valves. The source of funds is Sewer User Fees. A budget amendment is also needed to transfer the NOV I 8 2003 Executive Summary Award a Contract Page 2 unencumbered impact fee funds in the amount of $300,300 from Project 74020 to Wastewater Impact Fee Reserves. GROWTH MANAGEMENT IMPACT: This project is included in the 2001 Wastewater Master Plan Update, adopted by the Board on December 11, 2001, Agenda Item 8 (A), and the 2002 Wastewater Master Plan Update adopted by the Board on February 25, 2003, Agenda Item 10 (B). The project justification and funding source will be changed as indicated above in the 2003 Wastewater Master Plan Update. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District; award a contract for construction of the Reuse Water System Service Connections, Phase 2, to Douglas N. Higgins, Inc. in the amount of $577,000.00, authorize the Chairman to execute a standard County contract, and approve the necessary budget amendments. Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department REVIEWED BY: REVIEWED BY: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department Roy B. Anderson, P.E., Director DATE: )t2-~/- ~ 3 DATE: DATE: Public Utilities Engineerin~Department REViEWEDBY. ~,lJ. /~ ~ DATE:[O-3j'03 J0~s~eph B: Cheatham, Wastewater Director . Stephen Y' C~a~ell:tP~a~~ t°r APPROVED BY-"~--~:J'~ ~ /,(~.~/~a.~.~ DATE: ~~,~s~W. DeLony, P.E., ~;ubl~ies Administrator : NOV I 8 200: PG., ~ . 0 ._ A~7~ NDA ITEM ..... .~----/.0-~.~'- '~ 0 0 .-- ~ .~ ~ --- ~~ 0 0 0 0 0 ~ 0 · ~~ --. O~ NOV 1 8 2003 0 ._q EXECUTIVE SUMMARY APPROVE THE PURCHASE OF A 6.66-ACRE SITE ON 9th STREET SW, NAPLES, FLORIDA, LOCATED ADJACENT AND CONTIGUOUS TO THE RAW WATER BOOSTER PUMPING STATION AT A COST NOT TO EXCEED $198,985 (PROJECT 71008). OB.~IECTIVE: Request approval and execution of a Purchase Agreement (Agreement) between the Board of County Commissioners, as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District (hereinafter referred to as the "Board"), and Marvin and Beverly Mielke, for the purchase of a 6.66-acre vacant lot (Tract 136, Unit No. 9, Golden Gate Estates) for a price of $193,200. The purchase price is based upon an independent appraisal for the same amount. CONSIDERATIONS: The purpose of this transaction is to acquire property, which will serve as a visual and a sound buffer to the existing Raw Water Booster Pumping Station (RWBPS) that is located at the end of 7th Street SW, Naples, Florida. This need has been identified and approved by the Board on June 10, 2003, Agenda Item 16C12. This property is also proposed to be the site of a new public water supply well as part of an on-going program to improve the reliability of the existing Tamiami Wellfield. The 2002 Water Master Plan Update identifies the need to replace one well per year to increase system reliability. On September 23, 2003, Agenda Item 16C5, the Board approved a work order for engineering services to add one new public water supply well to the Tamiami Wellfield. The County-owned land surrounding the existing Raw Water Booster Pumping Station is available to construct a new well; however, the proposed property would enhance the location for this new well by providing a more optimal horizontal distance from the next closest existing well reducing the potential for drawdown interference. The Purchase Agreement has been reviewed and approved by the County Attorney's Office and Public Utilities Engineering Department. The Warranty Deed and other closing documents will be reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department prior to execution and recordation. FISCAL IMPACT: The total cost of the transaction should not exceed $198,985 ($193,200 for the Site, $1,260 for an Environmental Task 1 Audit, $3,000 for the outside appraisal, and $1,525 for a title commitment, title policy, and recording of documents). There are adequate funds available in and the purchase is consistent with the FY 04 budget for Project 71008, Noise Control - Remote Facilities, as approved by the Board on September 18, 2003. The scope of 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 Water User Fees (412). B 003 EXECUTIVE SUMMARY Purchase of 6.66 Acres, Raw Water Booster Pumping Station Page 2 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: Staff is recommending that the Board of County Commissioners: 1. Approve the Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office and Public Utilities Engineering Department; and 2. Authorize Chairman Tom Henning to execute the Agreement and any and all other documents related to this purchase; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and 4. Direct staff to proceed to acquire the subject site, to follow all appropriate closing procedures, and to record the deed and any other necessary documents (once approved by the County Attorney's Office) that are required to obtain clear title to the property. PREPARED BY: Jo~inith, Property Acquisition Specialist / R~Estate Services - Facilities Management Department REVIEWED Toni A. Mott, ~u~rvi~or - Real Estate Services - Facilities Management Department Charle - Facilities Management Department Real Estates Services NOV 1 8 2003 PG,, EXECUTIVE SUMMARY Purchase of 6.66 Acres, Raw Water Booster Pumping Station Page 3 REVIEWED BY: ~ Skip Camp, CFM, Director Facilities Management Department DATE: REVIEWED BY: /~-~~, ° ~ DATE: Karl W. Boyer, P.E.,~Principal Project Manager Public Utilities Engineering Department REVIEWED BY: Roy B. Anderson, P.E., Director Public Utilities Engineering Department DATE: i0 [2qlo'~ PAul Mattausch, Director Water Department ~es~_W_. DeLony, P.E., Administrat~ Utilities Division DATE: DATE: 2003 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MARVIN V. MIELKE and BEVERLY J. MIELKE, husband and wife (hereinafter referred Io as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real properly (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as: All of Tract No. 136, Golden Gate Estates, Unit No. 9, according to the plat thereof recorded in Plat Book 4, Pages 99 & 100, Public Records of Collier County, Florida. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set fodh, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undedakings of lhe parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described as Tract No. 136, Golden Gate Estates, Unit No. 9, according to the Plat thereof recorded in Plat Book 4, Pages 99 & 100. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be ONE HUNDRED NINETY THREE THOUSAND TWO HUNDRED DOLLARS ($193,200.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser but not later than MARCH 17, 2004, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the padies in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances ether than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. NOV ! 8 2003 PG. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 Closing Representative Statement 3.0114 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and '. Cedification" as required by the Internal Revenue Service. 3.012 At the Closing, the Pumhaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of lhe title to the Properly has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Adicle III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary fo clear Seller's title to the Properly. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Properly taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thidy (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to NOv L8 2003 PG. ~ title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days alter expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Pumhase Price shall be made based upon any change to the total acreage referenced herein, if any. Seller agrees to furnish any existing surveys of the Properly, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Properly can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Properly is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Adicle V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in pedorming such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser'shall be entitled to full possession of the Property at Closing. NOV ! 8 2003 PGo ~' VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2004 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perforrp any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (t0) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the padies, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Properly, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, cedified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set fodh in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the pad of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No pady or person other than Purchaser has any right or option Io acquire the Properly or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Properly or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Properly or any pad thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be wilhheld by Purchaser for any reason whatsoever. AG~tC~A IT£N NOV 1 8 2003 PG. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge thai any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on lhe Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advedising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvemenl moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Properly which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omil to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiclion of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. NOV. ! 8 2003 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or cedified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Joan Smith Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34t 12 Wilh a copy to: If to Seller: Ellen Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trait East Naples, Florida 34112 Mr. & Mrs. Marvin V. Mielke 1221 Sorolla Avenue Coral Gables, Florida 33134-3515 11.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other pady in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REALESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or pady qlaiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterpads which together shall constitute the agreement of the padies. , NOV'I 8 2003 PG. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the padies hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Properly in the form of a partnership, limited padnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Properly before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, GAP Affidavit and Closing Representative Statement, or any such referenced agreements has been or is being relied upon by either party.. 2003 IN WITNESS WHEREOF, the parties hereto set forlh their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: , Chairman AS TO SELLERS: DATED: WITNESSES: O ucn, o (SignatUre) (Printed Name) MAF;IVIN V. MIELKE 1221 Sorolla Avenue Coral Gables, Florida 33134-3515 DATED: WITNESSES: (~[gnat&e) -~ ///~/,-'~ '- ~Printed, ff~Name) ~ ' (S~gd~e) (Printed Name) BEVERLY J. I~¢ELKE 1221 Sorolla Avenue Coral Gables, Florida 33134-3515 Approved as to form and legal_ sufficiency: Ellen Chadwell Assistant County Attorney EXECUTIVE SUMMARY ACCEPT, AND AUTHORIZE THE CHAIRMAN TO EXECUTE, A GRANT AGREEMENT FROM THE SOUTtl FLORIDA WATER MANAGEMENT DISTRICT IN THE AMOUNT OF $100,000, FOR THE MANATEE ROAD FOUR NEW POTABLE WATER AQUIFER STORAGE AND RECOVERY (ASR) WELLS SYSTEM, PROJECT 70157. OBJECTIVE: To accept and execute a Grant Agreement from the South Florida Water Management District (SFWMD) to assist in funding an important water capital project that will help ensure Collier County meets future peak water demands. CONSIDERATIONS: On November 8, 2002, the Collier County Public Utilities Division submitted a grant application for the Manatee Road Four New Potable Water ASR Wells project to the Big Cypress Basin under their Cooperative Water Resource Projects Funding Program. On December 5, 2002, the Big Cypress Basin Board recommended District grant funding for engineering and construction of the first two of four proposed wells in the amoum of $100,000. On October 27, 2003 Public Utilities received the contract agreements, which require acceptance by the Board, execution by the Chairman, and return to the SFWMD for final processing. The grant requires matching funds from Collier County. Sufficient funding for this purpose is currently appropriated in the FY 04 budget. The period of perfbrrnance for this agreement is three (3) years from the project start date set forth in the agreement. FISCAL IMPACT: Revenue in the amount of $100,000 will be realized upon completion of the work associated with this agreement. It is anticipated this will occur during FY 06, therefore, this revenue will be included in the budget lbr FY 06. The required matching funds of $100,000 are currently appropriated in the Water Capital Projects Budget, Project 70157. The source of funds is Water Impact Fees. GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals, objectives, and policies of the Collier County Growth Management Plan, the 2002 Water Master Plan, adopted by the Board on February 25, 2003, Item 10(A), and the Water Capital Projects Budget, adopted by the Board on September 18, 2002, Item 2. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, accept, and authorize the Chairman to execute the SFWMD Grant Agreement (SFWMD Contract No. DG040634) entitled Manatee Road ASR Expansion, in the amount of $100,000. NOV ! 8 2OO3 Accept SFWMD Grant Agreem~ '.~ - Manatee Rd ASR Wells Page 2 of 2 SUBMITTED BY: Peter Schalt, PMP, Senior Project Manager Public Utilities Engineering Department REVIEWED BY: William D. Mullin, P.E., Principal Pro. ject Manager Public Utilities Engineering Department REVIEWED BY: l,¢%(1~1,~~ ~t, ~-~'~ DATE: Roy B. Anderson, P.E., Director Public Utilities Engineering Dep~a~~ ~~ W. DeLony, P.E., Administrator .3~ Utilities Division NOV ! 8 2003 pS. o~ October 21,2003 SOUTH FLORIDA WATER I~L~NAGEMENT OOUtqT¥ 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 · FL WATS 1~~4~ OFDD (561) 697-2574 Mailing Address: EO. Box 24680, West Palm Beach, FL 3~164680 · www. sfwmd.gov 03 0~7 27 ~.~ t2: 23 Mr. James W. DeLony, P.E. Collier County Water & Sewer District 3301 Tamiami Trail East Bldg. H, 3rd Floor Naples, FL 34112 Subject: DG040634 Manatee Road ASR Expansion Dear Mr. DeLony: Enclosed are two (2) copies of the above referenced contra~-/~lease .have them signed by an individual with signature authority on behalf of~/our organization. Return both copies to my attention. Do not date the documents; a fully signed and dated contract will be returned to you upon execution by the District. In addition, kindly document on Page 9 your construction project start date. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Kindly return the executed documents within ten (10) business days if possible. In addition, review the attached request from the District's Hydrology Departr~ent regarding your assistance with data collection on your project. We appreciate your compliance with this request. In the event you require further information kindly contact Ms. Bevier or my office. I can be reached at (561) 682-6444. Your cooperation and timely response will be greatly appreciated. Contract Administrator Procurement Department /jr Enclosures c: w/attachment PM dVERNI,¥G J~OARD EXECUTIVE OF£ICE / AG£NO~ ZT£p~ ,¢? Henry Dean, [~xtct~,¢ D,~ef~, ~, V / ' ' NOV 1 8 2003 . Nicol/~s J. Guti~rrez, Jr., Esq., Cdzair Pamela Brooks-Thomas, V~?e-C_d~a~" Irela M. Bagu~ Michael Collins Hugh M. English Lennart E. Lindahl, P.E. Kevin McCarty Harkley R. Thornton Trudi K. Williams, P.E. The SFWMD is Seeking your assistance with Floridan Aquifer data The SFWMD needs your help in updating Floridan aquifer data for its hydrologic data base, called DBHYDRO. As an AWS Grant recipient for a Floridan Aquifer project, we are asking for your assistance with this data collection. How does this benefit the AWS recipient? · Little additional effort is required. The Floridan aquifer data that the SFWMD is seeking will already be generated by the AWS recipient during the course of the project. · Streamlines the Consumptive Use Permitting process. By providing hydrogeologic data on the Floridan aquifer, you get ahead of the permitting process by submitting required data early on - before the permit date. · Provides access to the SFWMD's DBHYDRO database. By submitting data to the SFWMD's DBHYDRO database, you will enhance the knowledge base of the FIoridan Aquifer System in south Florida. This will help you gain a better understanding of the Floridan aquifer on a regional scale. With this information, your investment in Floridan aquifer technologies is more sound. · Contributes to the local (inset) models of Floridan Aquifer Regional Model. When you contribute hydrogeologic data to the DBHYDRO data base, both the inset model in your respective water supply planning area and the regional model for the entire SFVVMD boundary are greatly improved. This means that model calibration'for both models are enhanced, yielding a more accurate representation of the Floridan aquifer. Instructions to AWS Recipients: The Recipient should supply all hydrogeologic data generated during the conduct of the project to the District in electronic format for inclusion in the District's public database DBHYDRO. This hydrogeologic data could include such information as: · well construction details · lithologic descriptions · identified flowzones · geophysical logs · aquifer test data · photographs The District will provide the Recipient the appropriate electronic forms with instructions for submittal of hydrogeologic data. Please contact Cindy Bevier at cbevierC~_,sfwmd..qov for questions and instructions at your earliest convenience. NOV 1 8 2003 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AWS FUNDING PROGRAM AGREEMENT Recipient: Collier County Water & Sewer District Recipient's Project Manager: James W. DeLony, P.E. ~_ddress: 3301 Tamiami Trail East Bldg. H, 3ra Floor Naples, FL 34112 Telephone No: (239) 732-2540 Fax No: (239) 732-2526 SFWMD Project Manager: Jacque Rippe Address: 2301 McGregor Blvd. Ft. Myers, FL 33901 Telephone No: (239) 338-2929 Fax No: (239) 338-2936 Insurance: Applicable/Not Applicable: Federal Employer Identification Number: 21-07-019995-53C Project Title: Manatee Road ASR Expansion Description: Construction of two (2) ASR wells w/attendant piping and wellhead equipment for the Manatee Road project. Contract DG040634 Page I of 9 NO. AG~q)t/~ ITF.# / NOV 1 8 200~ This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 The Recipient shall submit to the District, proof of Florida Department of Environmental Protection (FLDEP) and South Florida Water Management District permit applications prior to September ist of the current fiscal year, to ensure timely completion of the project. 1.4 The Recipient shall submit to the District notification of complete permit applications from FLDEP and SFWMD prior to September 1st of the next fiscal year, to demonstrate proposed project readiness. Should the permitting element of an application for a construction project not be-completed by the District's required deadline, the District will deem the project ineligible for funding. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Construction Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of three (3) years. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. Contract DG 040634 Page 2 of 9 NOV ! 8 2003 3.2 3.3 4.1 4.2 4.3 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder,-includingbutnot limited to the adequacy or sufficiency of all or any part of work described in Attachment "A". The Recipient hereby agrees that it shall use other sources of funding for all work associated with the design and permitting aspects of the Project. District funds shall only be used for capital or infrastructure costs for the construction activities described in Attachment "A". ARTICLE 4 - FUNDING PAYMENTS AND REPORTING The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that all construction has been completed in accordance with Attachment "A" of this Agreement. The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the'terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) cf>pies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. 4.5 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. Contract DG 040634 Page 3 of 9 NO.~ NOV ! 8 2003 PG. 7 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: (Project Manager's name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the right to terminate this Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. Contract DG 040634 Page 4 of 9 ~0. 6.5 6.6 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or repons. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B.' Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, Contract DG 040634 Page 5 of 9 ! NOV 1 8 2003 PG. q , . venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification cltiuse shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this I AG~:NOA IT£~ NO. Contract DG 040634 Page 6 of 9 N 0 V /0 Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employes, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. 10.2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall riot be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work -Attachment "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party AG~ NOA ITE# Contract DG 040634 Page 7 of 9 NOV 1 8 2003 against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 11.5 11.6 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. This Agreement may be amended only with the written approval of the Parties. This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract DG 040634 Page 8 of 9 AC~[ I,#IlL ITEJq ~ .o. '/ NOV I 8 2003 PG. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD ~l~y:yx.~ Frank Hayden, Procurement Director Date: Recipient's Legal Name: Tom I-Iennlng Approved~_~,v~as to form By Authorized Official: Title: Ch~i,'man: Roard Date: of Collier County Commissioners Construction Project Start Date: .tan,,ary -2005 SFWMD Procur~ent approved: B y:(~//~-. ~~,k~ Date: Contract DG 040634 Page 9 of 9 nO. It's ~, [_ NOV ! 8 2003 ~. I,.~, Attachment A Collier County Water & Sewer District DG040634 Manatee Road ASR Expansion APPLICATION 2003-2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT FUNDING PROGRAM APPLICATION FORM Application No: AWS - 04 DG040634 (District to The undersigned Applicant has read all of the terms and conditions of the Alternative Water Supply Funding Program Guidelines And Application, and certifies that all of the information contained within this Application and subsequent Attachments is true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer District (State Div./Dept if applicable) Project Title: Manatee Road ASR Expansion Descfipdon: Expansion of the Manatee Rd. ASR system; includes construction of 2 ASR wells with attendant piping Applicant'sAddress: 3301Tamiami Trail E. Bldg. H, 3rd Floor Naples, Florida 34112 Funding AmountRequest~: $630,050 -. Coun~ in whichPr~ectwillbeBuilt: Collier County and wellhead equipment. T~eofOrganization: County Government Date of Incorporation: State of Incorporation; Federal IDNo.: 21-07-019995-53C Has your organization ever received funding under the Alternative Water Supply Program? Yes I[] No [] Year last received: 2001 Amount ofFunding Received: $300,000 C-13978 Is the project(s) still ongoing? Yes ~'1 No [] District's contract number(s): 7/1/03 Expected completion date(s): Current status on the project(s): construction scheduled Authorized Person's Name: ,~~ .. Telephone Area Code ~umb~: (239) 732-2540 Fax Numbs: (239) 732-2526 Contract DG040634 Page 1 of 5 DETAILED DESCRIPTION MANATEE ROAD ASR EXPANSION PROJECT 1.0 INTRODUCTION Collier County is requesting funding to expand its aquifer storage and recovery (ASR) system. The ASR system serves several purposes: 1) it enhances the existing public water supply, 2) protects sensitive freshwater sources during critical dry months, 3) has allowed the County to delay costly treatmaent facility expansions, 4) and contributes to the long-term reliability of the County's public water system. Rapid growth and a high dry-season demand for potable and non-potable water have stressed Collier County's sensitive freshwater aquifers. In 1999, Collier County finished construction of its first ASR system to help meet the County's water supply needs. The 1 MGD system works by pumping potable water from the water treatment plant during periods of Iow demand into the Hawthorn Zone II aquifer, which is located between 465 and 525 feet below land surface at the site. This brackish aquifer serves as underground storage for the potable water. ASR is increasingly being recognized as an effective tool for managing water resources in south Florida. Through this .proces.s., _w_ater is stored in an.. underground aquifer during times when excess water ~s avmlable and is recovered from the aquifer when needed. The storage of water in an aquifer below ground has a number of advantages over conventional storage methods. When utilizing ASR, storage space is available at a relatively low cost, project locations can be selected where convenient, subject to favorable hydrogeologic conditions, evaporative losses are minimized~ and underground storage helps to provide protection from contamination. The Manatee Road ASR system was proven successful during the drought Of 2001-2002. Collier County was able to successfi~Lly meet its water resource needs during this critical time by withdrawing water from the Manatee Road ASR system at a maximum monthly rate of 25 million gallons. Collier County plans to expand the Manatee Road ASR system to further address water availability issues, reduce stress on area aquifers, and decrease the potential for saltwater intrusion into the County's freshwater aquifers. 2.0 PROJECT SCOPE The existing Manatee Road ASR system consists of one ASR well equipped with a vertical turbine pump, wellhead equipment, and a re-chlorination system for the recovered water. Five monitor wells tapping various aquifers have also been installed. The monitor wells are used to collect water level and water quality data at the site. The purpose of this project is to expand the Manatee Road ASR system by adding two ASR wells, wellhead equipment, and attendant piping. A rechlorination facility and two additional ASR wells with attendant facilities will be constructed during a later phase. Contract DG040634 Page 2 of 5 3.0 WORK BREAKDOWN STRUCTURE Description of Project Elements The project consists of ,~vo tasks: 1) construction and 2) operational start-up and testing. A description of these tasks is provided. Construction Activities The Collier County Manatee Road ASR system will be expanded by the installation of two recharge and recovery wells, designated ASR-2 and ASR-3, which will each have a design capacity of 1.5 MGD. All well construction and testing will be conducted in accordance to FDEP and SFWMD rules. The well testing program will include geophysical logging of the borehole prior to setting the final casing string and the performance of a step-drawdown test. Figure 1 illustrates the ASR well construction details and local geology. Upon completion of well construction, a submersible pump and wellhead will be installed on the well. Surface construction tasks that will be completed to allow for operational testing will include the following: 1) injection/recovery water transmission main construction, 2) filter, pumps, and valving purchas~ and installation, 3) instrumentation and controls purchase and installation, and 4) electric system construction. A 6 million gallon above ground storage tank will also be installed at the Manatee Road site, which will allow for more efficient operation of the ASR system and overall water, distribution system. Upon the completion of construction activities, a certificate of completion for the wellfield and raw water transmission facilities will be prepared. Record drawings of the new facilities will be developed. An ASR well construction diagram is attached. Operational Start-up and Testing A systems checkout consisting of the troubleshooting of equipment and instrumentation installed as part of the project will be conducted. Start-up operational tests will also be conducted to evaluate the performance of the newly constructed facilities. ASR-2 and ASR-3 will be installed within the freshwater storage zone of the existing ASR well. The new wells will therefore be immediately brought into normal operation, as opposed to conducting cycle testing. The performance of the wells will be monitored for a one-year period after which a request will be made for an "FDEP Authorization" to use. Description of Design Wel/s ASR-2 and ASR-3 will be similar in construction to the existing recharge and recovery well ASR-1. The total and cased depths of the wells will be approximately 530 and 470 feet below land surface (bls), respectively, and will be completed with an open hole construction. The wells will be constructed of 12-inch diameter SDR-17 PVC, expanded to 16-inches in diameter at a depth of 150 feet bls in order to accommodate a submersible pump. The wellhead and instrumentation for ASR-2 and ASR-3 will also be Contract DG040634 Page 3 of 5 similar to those of ASR-1. A well construction diagram is provided as Figure 1. A well site layout is provided as Figure 2. Project Justification and Cost/Benefit Analysi:; Planning projections indicate that by the year 2005, the maximum daffy demands for water in Collier County will increase by almost 8 MGD, to 38.74 MGD. This project provides an economical means for the County to capture a previously unused resource. By taking advantage of seasonal cycles, the ASR system will harness mil/ions of gallons of freshwater and system capacity that would previously have been wasted. The water will be safely stored in the Hawthorn Zone II aquifer until needed. This project will increase the availability of water at a time when it is most needed without stressing freshwater sources. It will also help Collier County meet the objectives of its Water Supply Master Plan. Potential for Significant and Lasting Benefits Expansion of the ASR system will have significant and lasting benefits for Collier County. The project will · provide a means to meet the potable demands for current and future Collier County customers, · provide a means to conserve fresh water resources, · minimize the threat of saltwater intrusion by reducing welIfield stress during the dry season, · reduce potential seasonal stress on wetland vegetation, · reduce the need for water system expansion, and · support regional water management strategies. 4.0 LOCATION OF THE PROJECT The ASR facility is located at the South County Manatee Road water transfer and storage site. The site, which is owned by Collier County and zoned for public utility use occupies approximately 40 acres on the south side of Manatee Road. Water storage, re- Pump, and re-chlorination facilities currently exist at the site, which make it especially conducive for this project. A project location map is included as Figure 3. 5.0 DELIVERABLE SCHEDULE The following table provides a project schedule. Completion of the project is estimated to take 24 months. Task Number 1 2 Contract DG040634 Page 4 of 5 Readiness of the Project 1) 2) Professional Certification of the project by Project Architect/Engineer is included. An FDEP Class V injection well construction permit will be required to implement the proposed work. The application has been submitted to the FDEP. A copy of the application is attached. Prior to the start of operational testing, the SFWMD water use permit and FDEP drinking water permits will have to be modified. Applications for the modifications of the above two permits will be submitted upon completion of FDEP injection well construction permitting. Contract DG040634 Page 5 of 5 -- Z = rn ~' m _DEBTH, IN FEET, BELOW LAND SURFACE O O rn o m Z T rtl N>T OO.~ 0 zc · m z m o ~c - - - m ~ m ~ mr ~ ~ m z o= ~ ~ m ~. Z Z ~ /\ > Z HAWTHORN GROUP ARCADIA PEACE RIVER uu', "IHHH HHIH HH H ~ ', ' '~' ' ' '~' ' ' 'q4H.H-HHH-NH HH H'.":t -LH.F'~ ¢' I I ' I' ~ m~' m ~ LI m .I I H.H M,M.M.I'I M MIMIM I.-' I ~ Ir I ~ Ir H M'~ '~'~-M'M M M M ri.'/'/ 4Nl~ ~,HHHHHHHHHHttJflUJI'~h~,~h',9-.'..'.'.'.'.. , , '.:..'~ ~ i i ~ I '. ~ ~ ~ m ~ I m.m I M.M I-I.l-I.l'l.i'l M MIMIM I './ U LI ~ i~ I 14 14 64 14 I;4 H H H H H HIHIHI ~ ~ ~ ~ ~ I ~ ~ I~I.H'ICI.M'IrI-M'M M ri ri ri-:.'/ · 'U-U ] , ',- I - , , ih O -< EXECUTIVE SUMMARY AMEND WORK ORDER CDM-FT-02-5 WITH CAMP DRESSER MCKEE FOR PROFESSIONAL ENGINEERING SERVICES FOR THE MANATEE ROAD FOUR NEW POTABLE WATER AQUIFER STORAGE AND RECOVERY WELLS PROJECT, CONTRACT 00-3119, IN THE AMOUNT OF $383,310.00, PROJECT 70157. OBJECTIVE: To provide the remaining professional engineering services (final design services, bidding assistance, construction services, and start up/follow up services) for the construction of four new potable water aquifer storage and recovery (ASR) wells at the Manatee Road site, pursuant to Contract 00-3119. CONSIDERATIONS: On October 8, 2002, Work Order CDM-FT-02-5 was signed administratively commensurate with Contract 00-3119. It was initiated for professional engineering services for the Manatee Road Four New Potable Water ASR Wells project with engineering firm, Camp Dresser McKee (CDM). The original Work Order intentionally included only preliminary professional engineering services (preliminary design and permitting services) due to budget constraints in FY03, to commence the permitting process, and to keep the project on schedule. This Amendment to Work Order CDM-FT-02-5 includes the remaining professional engineering services (final design, bidding services, start up/follow up services) to complete the project. Staff has negotiated a fair fee that is commensurate with previous projects with similar scope. Once the design engineering services under this Work Order are completed, the finished plans and specifications for construction of the facilities will be sent out for competitive bidding. The following summarizes Work Order CDM-FT-02-5: Original Work Order This Amendment Total $ 79,995.00 $383,310.00 $463,305.0O The project plan is to construct two new potable water ASR wells and one 6-million gallon ground storage tank in FY04, and to conclude with the construction of the two remaining potable water ASR wells in FY05. This is consistent with the 2002 Water Master Plan adopted by the Board on February 25, 2003, Item 10(A), and the FY04 Capital Projects Budget, adopted by the Board on September 18, 2003. As each new 1.5-million gallons per day (gross rating) ASR well is completed and placed into service, it can then be utilized to recharge (inject excess potable water in low demand times), and to recover (draw potable water out of storage and utilize) as peak water demands require. This project was successfully selected by the South Florida Water Management District for a matching grant of $100,000 for design, permitting, and construction of the first two ASR wells. FISCAL IMPACT: Funds are specifically budgeted in FY04 for this work. funds is Water Impact Fees. The source of NO.. NOV Il 8 2003 PG. Amendment To Work Order CDM-FT-02-5 Page 2 of 2 GROWTH MANAGEMENT IMPACT: This project is needed to meet future water demands and is consistent with the 2002 Water Master Plan Update adopted by the Board February 25, 2003. Item 10(A), and the FY04 Capital Projects Budget, adopted by the Board September 18, 2003. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio the Governing Board of the Collier County Water-Sewer District, approve and authorize the Chairman to execute this Amendment to Work Order CDM-FT-05-2 with CDM, to provide the remaining professional engineering services for the Manatee Road Four New Potable Water ASR Wells project, in the amount of $383,310.00, Contract 00-3119, Project 70157. PREPARED BY: Peter Schalt, PMP, Senior Project Manager Public Utilities Engineering Department DATE: REVIEWED BY: DATE: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department Steve VCarne)l~Director Purchasing/General Services Department P~/ul Mfittausch, Water Director P/ublic Utilities Division DATE: REVIEWED BY: /_.~,,4.,,~,.~,~'~ '~'~& Roy B. Anderson, P.E., Director Public Utilities Engineering Department y-Ja~es W. DeLony, P.E., XdmiCrator ,lic Utilities Division DATE: DATE: NOV 1 8 2003 PG. -. ~ ~ , ., CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Manatee Road Four New Potable Water ASR Wells PROJECT #: 70157 BID/RFP #:00-3119 MOD #: 1 AMOUNT OF THIS CHANGE $383,310.00 PO #:4500000764 Work Order #:CDM-FT-02-5 CONTRACT AMOUNT: ORIGINAL $ 79,995.00 CURRENT $463,305.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ N/A - There is a $3,000,000 limit to this Contract, therefore the original was signed Administratively. Technically this Amendment does not need to go to the BCC for approval, however, being proactive, staff elected to seek the Board's approval. (LAST TOTAL AMT. REQUIRING acc APPROVAL) Date of Last BCC Approval N/A Agenda Item # N/A Percentage of the change over/under current contract amount%: N/A - Did not require BCC approval because of a $3,000,000 approval limit. Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 128 weeks from Notice To Proceed CURRENT: 128 week from Notice To Proceed SUMMARY OF PROPOSED CHANGE (S): To provide the remaining professional engineering services (final design, bidding services, start up/follow up services) to complete the subject proiect. JUSTIFICATION FOR CHANGE (S): We intentionally delayed (this work was anticipated from the be,qinnin,q) issuing a Work Order for this remainin,q work due to FY03 budqet constraints and construction timing, i.e., a critical conveyance pipe line has to be constructed alonq Collier Blvd under a separate project in order for these new wells to be used. PARTIES CONTACTED REGARDING THE CHANGE: Project Team IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) [Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope ** Change is being implemented in a manner consistent with the existing agreement _~ The appropriate parties have been consulted regarding the change __~_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER REC~M~~N: RECOMMEND: ~ Date: DO NOT RECOMMEND: Date: COMMENTS: ** The Assistant County Attorney wanted to clarify that the proposed change is in fact an addition to the existing scope, "but is within the contemplated overall scope/work in the Aqreement.' Revised 8/22/03 NOV 1 8 2003 PG. AMENDMENT NO. 1 WORK ORDER #CDM-FT-02-05 Agreement for Fixed Term Professional Engineering Services Dated April 10, 2001 (Contract #00-3119) This Work Order is for professional engineering services for work known as (Title): MANATEE ROAD- FOUR NEW ASR WELLS (Reason for Proiect): To provide additional future reliability and capacity to the Water System. The work is specified in the proposal dated September 8, 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 #CDM-FT-02-05 is assigned to Camp Dresser McKee (CDM). Scope of Work: (List all tasks: Task 1, Task 2, etc.) Task 4 - Detailed Design Task 7 - Start Up Services Task 5 - Bid Services Task 8 - O&M Manual Task 6 - Construction Services Task 9 - Survey & Geotechnical Schedule of Work: Complete work within 52 weeks from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated Pump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). F. und 411-273511-70157 (List all Tasks) Task 4 Lump Sum $115,470.00 Task 7 T&M $ 53,840.00 Task 5 Lump Sum $ 28,980.00 Task 8T&M $ 11,260.00 Task 6 T&M $146,260.00 Task 9 T&M $ 27,500.00 Total $ 383,310.00 Any cl4ange within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED By: REVIEWED By: .Pe~Y/~~r°ject Manager Paff'l E. Mattausch. Water Director V~/illiam D. Mullin. P.E., Principal Project Manager APPROVED BY: Roy B. Anderson, P.E., Public Utilities Eng. Director ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney Date: ATTEST: (Corp.'ate Secretary) By: __ '" Type Name and Title (or) witnesses (2)(x,,fik~.~ Print Name Dale ~Date Dale BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: Tom Henning, Chairman ?urchasing/Geni Svc Camp Dresser McKee Signature (2) ._~_~g n..~ u r e. ~c~--~i.2 Print Name NOV 1 8 2003 PG. ~ 9311 College Parkway, Suite 1 Fort Myers, Florida 33919 tel: 239 432-9494 fax: 239 432-9453 'O3 P. U. E. D. SEP-9 4:03 September 8, 2003 Mr. Pete Schalt, PMP Collier County Government P.U.D. Engineering Department 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Subject: Revised Scope of Services for Collier County Manatee Road Aquifer Storage and Recovery System Expansion Dear Mr. Schalt: Please find enclosed a draft version of the revised scope of work for the above referenced project. Based on previous discussions with you and your staff, CDM has added design and construction services for a new 6-Mg prestressed concrete storage tank to the original scope. Along with the amended scope of work we are submitting a draft fee estimate for the proposed services. The total engineering cost for the proposed project is $383,310 as a lump sum ($144,450) and t/me and materials ($238,860) billing types. This includes design services, permitting and general services during construction of four (4) new ASR wells and one (1) 6- Mg aboveground storage facility. We are looking forward to discussing this proposal with you and your staff. Please feel free to contact me with any questions. Very truly yours, W. Kirk Martin, P.G. Senior Hydrogeologist CDM Missimer ErlCS. c: T. Burke, CDM S. Haecker, CDM R. Maliva, CDM consulting - engineering · construction · operations Collier County Manatee Road Aquifer Storage and Recovery System Expansion Collier County Manatee Road Aquifer Storage and Recovery System Expansion (Revised September 2003) Collier County currently operates a single well potable Aquifer Storage and Recovery (ASR) system at their Manatee Road re-pump and storage facility. The existing ASR system consists of one ASR well equipped with a vertical turbine pump, wellhead equipment and a re-chlorination system for the recovered water. In addition, there are five monitor wells at the site tapping various aquifer units that are used for water level and water quality measurement. Collier County desires to expand the Manatee Road ASR system initially by adding two ASR wells and attendant facilities and subsequently by adding two more ASR wells with attendant facilities. This cost proposal has been developed at the request of Collier County to provide design and permitting services for the planned build-out system (total of five ASR wells) including specifications, bid, construction observation, and start-up services. This scope also includes the design and construction services for a new 6-Mg finished water, above ground storage facility. The prestressed concrete tank will provide additional operational storage for the Collier County water distribution system. It is assumed that the County, with the assistance of the Engineer will obtain local permits and appropriate County zoning and that the County will pay all permit application fees. The Engineer will issue the checks for application fees and charge the County. Up to four meetings with the various agencies and up to two responses, to requests for additional information is included within the scope exclusive of additional computer modeling or additional field testing. Tasks 4A and 4B. Detailed ~)esi.~n of four (4) ASR Wells Engineer will develop Contract Technical Documents for the addition of new potable water ASR wells, attendant piping and wellhead equipment, and post-recovery chlorination facility. The technical documents for the first two (2) ASR wells and for the final two (2) ASR wells will be develope, d as two separate construction contracts. Design Drawings- Detailed design will consist of preparation of general, civil, mechanical, electrical, piping and structural drawings, and instrumentation and control drawings. Standard details will also be prepared. Construction drawings will be prepared using AutoCAD format. Contract and Technical Specifications - The technical specifications will be prepared in conformance with the Construction Specifications Institute (CS1) format. Engineer's standard master construction specifications will be used as the basis for the technical specifications for the project. Suitable manufacturers and suppliers with County approval will be identified for each specified item. The County will be provided with both hard and electronic copies of the completed specifications. The County's latest standard specifications will be incorporated into the General and Special Conditions sections. Requirements for special provisions will be carefully evaluated with the County. The electronic copy will be provided in Adobe Acrobat* Reader format. \XFtmswl~roposalsXProposals\LisahManatee Road ASR~ManateeRdASRExpProp_~H.d~* ~'~ - / Collier County Manatee Road Aquifer Storage and Recovery System Expansion Design Progress Submittals - Five sets of construction drawings and specifications will be produced and submitted for County review at the 60-percent and 90-percent design levels. The drawings will be provided on bound 11 x 17-inch sheets. After addressing review comments for the 60-percent submittal, a 90-percent submittal of the drawings and specifications will be produced for final review. The 90-percent subrrdttal will be defined as a set of drawings and specifications that is complete and biddable, but subject to final comment from FDEP and the County. Meetings will be held with the County's Project Delivery Team at 60%, 90%, and 100% design levels. Construction Cost Estimates - The Engineer will prepare opinions of probable project construction costs. This estimate will be updated for each design submittal (60- and 90-percent). A revised estimate will be provided with the final bid document submittal. The revised estimate will be provided as a bound report and will consist of a summary of the overall construct/on costs as well as a detailed breakdown of the estimated material, equipment, and labor costs for construction of the new facilities. Engineer will prepare a final opinion of construction costs based on the 90-percent complete documents. This cost estimate will provide an opinion of anticipated costs and indicate to potential bidders the magnitude of the project. Final Plan Preparation -The final design, 100-percent complete documents, will incorporate comments from the County and FDEP, as developed in its meetings with the Project Delivery Team. The final design documents will consist of bidding and contract documents, technical specifications, and engineering drawings. The final design documents will incorporate designs of the wells, pumps, and related facilities. Final documents will be prepared for bidding as a single construction contract. A bid schedule will be prepared, describing the work to be performed. A meeting will be held within two weeks of submittal of the final design to discuss comments and recommendations. The County will provide verbal and written comments and each comment will be addressed by the Engineer. Five full-size and five half-size copies of completed design drawings and five sets of specification documents will be submitted to the County. Task 4C. Detailed Design for 6-Mg Above Ground Storage Tank Engineer will develop Contract Technical Documents for the construction of a new 6-Mg preslxessed concrete, above ground storage tank. Detailed design of the above ground storage tank will be performed concurrently with the detail design of the first two ASR wells (Task 4A). The location of the new tank will take into consideration the construction of a future RO water treatment facility at the Manatee Road ASR site. The new tank will be connected to the proposed four (4) new ASR wells included in Tasks 4A and 4B. A separate supply line will connect the 24- inch water main along Manatee Road with the proposed new tank. The tank outlet will be connected to the existing Manatee Road booster-pumping station. Geotechnical Investigation - Engineer will perform a geotechnical investigation in the area proposed for the new above ground storage tank. This investigation will include performing three (3) Standard Penetration Test (SPT) soil borings to the depth of 45 to 50 feet. Based upon the geotechnical investigation, determinations will be made as to the suitability of the in situ soils to support the new storage tank, construction dewatering criteria, use of excavated material as fill material, etc. I AG~IOA IT[#~]" \~Ftrnsvrl~roposa]sXProposals~J..isa~Manatee Road ASRhManateeRdASRExpProp_~H.ol~o(~* /~' ~ ~ ! / NOV ! 8 oo3 Co//ier County Manatee Road Aquifer Storage and Recovery System Expansion Survey - Engineer will perform a topographic survey within the proposed construction area. The survey will collect topographic information on the existing storage tank, the Manatee Road booster-pumping station and around the proposed location of the new tank. The location of above ground utilities and elevation of the existing access roads will be determined. Horizontal control will be based on the existing tank structure and benchmark location. State Plane Coordinates will not be developed. Design Drawings- Detailed design will consist of preparation of general, civil, mechanical, electrical, piping and structural drawings, and instrumentation and control drawings. Standard details will also be prepared. Construction drawings will be prepared using AutoCAD format. Contract and Technical Specifications - The technical specifications will be prepared in conformance with the Construction Specifications Institute (CSI) format. Engineer's standard master construction specifications will be used as the basis for the technical specifications for the project. The County will be provided with both hard and electronic copies of the completed specifications. The County's latest standard specifications will be incorporated into the General and Special Conditions sections. Requirements for special provisions will be carefully evaluated with the County. The electronic copy will be provided in Adobe Acrobat® Reader format. Design Progress Submittals - Four sets of construction drawings and specifications will be produced and submitted for County review at the 60-percent and 90-percent design levels. The drawings will be provided on bound 11 x 17-inch sheets. After addressing review comments for the 60-percent submittal, a 90-percent submittal of the drawings and specifications will be produced for final review. The 90-percent submittal will be defined as a set of drawings and specifications that is complete and biddable, but subject to final comment from FDEP and the County. Construction Cost Estimates - The Engineer will prepare opinions of probable project construction costs. This estimate will be updated for each design submittal (60- and 90-percent). A revised estimate will be provided with the final bid document submittal. The revised estimate will be provided as a bound report and will consist of a summary of the overall construction costs as well as a detailed breakdown of the estimated material, equipment, and labor costs for construction of the new facilities. Engineer will prepare a final opinion of construction costs based on the 90-percent complete documents. This cost estimate will provide an opinion of anticipated costs and indicate to potential bidders the magnitude of the project. Final Plan Preparation - The final design, 100-percent complete documents, will incorporate comments from the County and FDEP. The final design documents will consist of bidding and contract documents, technical specifications, and engineering drawings. The final design documents will incorporate designs of the wells, pumps, and related facilities. Final documents will be prepared for bidding as a single construction contract. A bid schedule will be prepared, describing the work to be performed. A meeting will be held within two weeks of submittal of the final design to discuss comments and recommendations. The County will provide verbal and written comments and each comment will be addressed by the Engineer. Six full-size and six half-size copies of completed design drawings and six sets of specification documents will be submitted to the County. I NOV 1 8 2003 Collier County Manatee Road Aquifer Storage and Recovery System Expansion Preparation of Permit Application - Engineer will prepare the FDEP Construction Permit Application for the new 6-Mg above ground storage tank. The completed permit application will be submitted to the County along with the submission of the 90 percent complete design documents. The application will be submitted to the County for further processing and submittal to the regulatory agencies. Engineer will coordinate with the South Florida Water Management District (SFWMD) regarding permitting requirements. The Engineer will issue checks for permit application fees and will charge the County for the fees. Tasks 5A and 5B Construction Bid Services for four (4) ASR Wells The Engineer will provide bid period services to the County consisting of production of bid documents, response to bidder inquiries, preparation of addenda, and review of bids. Separate construction bid services will be provided for the first two (2) ASR wells and for the final two (2) ASR wells. The services are described below. Reproduction and Distribution of Bid Documents - The final contract documents will be produced in full and half-size bid sets to provide to the County, bidders, building exchanges, trade groups, and project team members. The Engineer will coordinate the distribution and sale of the bid documents, maintenance of the planholders list, and other aspects of bid documentation distribution. Pre-Bid Conference/Response to Bidders Questions - A pre-bid conference will be conducted. The conference will be held at a convenient location and the Engineer will maintain a set of notes. Questions will be logged and appropriate responses will be either given at the conference and/or in addenda prepared by the Engineer. The Engineer will prepare minutes of all meetings. Bid Evaluation and Recommendation for Award - The bid packages will be received and opened by the County at a public location. Bid packages ,&ill be reviewed by the Engineer for completeness and appropriateness for award. Engineer will check references as appropriate. Engineer shall provide written recommendation for award of the construction contract to the lowest responsive, responsible bidder. Task 5C Construction Bid Services for new 6-Mg Above Ground Storage Tank The Engineer will provide bid period services to the County for the construction of a new 6-Mg prestressed concrete, above ground storage tank. The tank construction will be bid and the work initiated at the same time as the first two ASR wells. Bid services will consist of production of bid documents, response to bidder inquiries (requests for information), preparation of addenda, and review of bids. These services are described below. Reproduction and Distribution of Bid Documents- The final contract documents will be produced in full and half-size bid sets to provide to the County, bidders, building exchanges, trade groups, and project team members. The Engineer will coordinate the distribution and sale of the bid documents, maintenance of the planholders list, and other aspects of bid documentation distribution. Pre-Bid Conference/Response to Bidders Questions - A pre-bid conference will be conducted. The conference will be held at a convenient location and the Engineer will maintain and distribute Co//ier County Manatee Road Aquifer Storage and Recovery System £xpansion a set of meeting notes. Questions will be logged and appropriate responses will be either given at the conference and/or in addenda prepared by the Engineer. Bid Evaluation and Recommendation for Award - The bid packages will be received and opened by the County at a public location. Bid packages will be reviewed by the Engineer for completeness and appropriateness for award. Engineer will check references as appropriate. Engineer shall provide written recommendation for award of the construction contract to the lowest responsive, responsible bidder. Tasks 6A and 6B. Construction Administration Services for four (4) ASR Wells Construction administration services to be provided for the construction of the additions to the Manatee Road ASR system are listed below. Construction administration services will be provided for two separate contracts (First two ASR wells and final two ASR wells). Pre-Construction Conference - Engineer will attend a pre-construction conference with representatives from County and Contractor. The Engineer will prepare minutes of the meeting. Shop Drawings - Engineer will review and process shop drawings, samples, schedules, certifications and other data, which the construction contractor is required to submit. The review will be for conformance with the design concept and compliance with the information provided in the construction contract documents. Engineer will submit reviewed shop drawing submittals to the County for its records. Engineer will prepare responses to requests for information. Observation of Construction - Provide full-time, on-site observation of construction activities by one or more representatives as authorized and approved by the County. Engineer will provide detailed construction observation services during the construction of the production wells and transmission facilities. These services consist of daily observation of construction activities, collection and analysis of drill cuttings and water samples, testing of any nature, and certification of construction. The Engineer's on-site representative shall prepare and submit weekly progress reports to the County during construction. The weekly progress reports shall include project status, contractor manpower, materials and equipment received, work performed, problems encountered and rectification, and weather conditions. Review Pay Requests - The Engineer's representative will note actual quantities of materials used, and progress of completion. Contractor requests for payment will be reviewed to verify the requests are consistent with the amount of work accomplished. Issue Interpretations - Engineer will issue necessary interpretations and clarifications of the construction contract documents, in writing, and prepare change orders as required. Engineer will interpret the requirements of the construction contract documents, evaluate the work performed there under, and make recommendations on any claims by the Contractor. Certificate of Completion - Engineer will prepare a certificate of completion for the wellfield and raw water transmission facilities. Record drawings of the new facilities will be prepared. Five (5) signed and sealed 24-inch by 36-inch copies of the Record Drawings will be provided to the County. One (1) electronic copy of the Record Drawings will be provided in AutoCAD R2000 format to the County. \~Ftmsvrl~Proposals~roposals\LisahManatce Road ASR~dVlanateeRdASRExpPro SH~~ NOV 8 2003 / ,,.. Collier County Manatee Road Aquifer Storage and Recoven~ System Expansion Task 6C Construction Administration Services for 6-Mg Above Ground Storage Tank Construction administration services to be provided for the construction of one (1) new 6-Mg prestressed concrete, above ground storage tank consist of the following: Pre-Construction Conference - Engineer will attend a pre-construction conference with representatives from County and Contractor. Engineer will prepare minutes of meeting. Shop Drawings - Engineer will review and process shop drawings, samples, schedules, certifications and other data, which the construction contractor is required to submit. The review will be for conformance with the design concept and compliance with the information provided in the construction contract documents. Engineer will submit reviewed shop drawing submittals to the County for its records. Observation of Construction - Engineer will provide part-time, on-site observation of construction activities by one or more representatives as authorized and approved by the County. Engineer will provide consultation and advice to the County during the period of construction up to six (6) months. The following activities by the Engineer are included in this task. 1. Conduct on-site observations of the work in progress by the Contractor to determine that the project is proceeding in accordance with the Contract Documents. 2. Ensure that tests are conducted as required and that Contractor maintains adequate records thereof. Also, observe, record and report to the County test procedures and results. 3. Assist the County in serving as the liaison with the Contractor. 4. Make reviews to ascertain 'that the Contractor maintains up-to-date record drawings at the site. 5. Assist monthly progress meetings with representatives from the Contractor and from the County. Prepare minutes of meeting. Review Pay Requests - The Engineer's representative will note actual quantities of materials used, and progress of completion. Contractor requests for payment will be reviewed to verify the requests are consistent with the amount of work accomplished. Issue Interpretations - Engineer will issue necessary interpretations and clarifications of the construction contract documents, in writing, and prepare change orders as required. Engineer will interpret the requirements of the construction contract documents, evaluate the work performed there under, and make recommendations on any claims by the Contractor. Certificate of Completion - Engineer will prepare a certificate of completion for the new storage tank. Record drawings of the new facilities will be prepared. Five (5) 24-inch by 36-inch signed and sealed copies of the record drawings will be provided to the County. One (1) electronic copy of the Record Drawings will be provided in AutoCAD R2000 format to the County. · sr, gn0~ x'r£M \XFtmsvrl~ProposalsXProposals\LisahManatee Road ASRWIanateeRdASRExpProlSH~.c.._~._~~ / NOV 1 8 2003 / Collier County Manatee Road Aquifer Storage and Recovery System Expansion Tasks 7A and 7B. Operational and Start-Up Services for four (4) ASR Wells During this phase, the Engineer will provide services to the County under the following tasks: Operation and Maintenance Training; and Start-Up Services for the first two (2) ASR wells and for the final two (2) ASR wells. A description of these tasks follows. Operation and Maintenance Training - The Engineer will provide training for the operations and maintenance staff on use of the expanded facilities. The Engineer will assist Collier County in an assessment of the training requirements of the personnel and coordinate the training to meet the applicable regulatory requirements. The training will complement and be coordinated with training to be provided by equipment vendors. Start-Up Services - The Engineer will conduct a systems checkout, including troubleshooting of equipment and instrumentation installed as part of the project. Engineer will provide on-site advice and troubleshooting throughout the start-up. Engineer will observe start-up of operational tests to evaluate performance of the newly constructed facilities. Engineer will evaluate operational data on ASR injection and recovery collected by the County for a period of one year. Task 7C. Operational and Start-Up Services for 6-Mg Above Ground Storage Facility Under this task, Engineer will provide the following services to the County: Start-Up Services - The Engineer will conduct a system checkout, including troubleshooting of equipment and instrumentation installed as part of the project. Engineer will provide on-site advice and troubleshooting throughout the start-up. Engineer will observe start-up and evaluate performance of the newly constructed storage facilities. Task 8.. Additional Services The Engineer will provide additional services, as authorized by the County, which may arise during the course of or following the design, construction and start-up of the wellfield improvements. Operation and Maintenance Manual - The Engineer will revise the existing Operation and Maintenance (O&M) manual to include the new facilities. The O&M manual addendum will contain a compilation of equipment maintenance data sheets and information provided as part of the Contractor's submittal during construction, schematic diagrams, and equipment maintenance identification numbers. The revised O&M manual will reflect changes and incorporate training materials and standard procedures developed during start-up. The O&M manual addendum will cover the new facilities and how those facilities integrate with the existing facilities. The manual will contain the following sections: (1) introduction, (2) equipment description, (3) start-up, (4) normal operations, (5) emergency operations, (6) monitoring and analytical requirements, (7) trouble-shooting guidelines, and (8) preventative maintenance. The manual will provide instructions for the operation of each new facility. The manual will specify valve, equipment, and instrument numbers in the operations descriptions. Five (5) copies of each draft addendum will be submitted to the County for review. Corrections, changes and/or additions required by the County will be performed, and five (5) copies of each final O&M manual addendum will be provided. Collier County Manatee Road Aquifer Storage and Recovery System Expansion The Engineer will perform other additional services, which are not part of the above scope and which cannot be defined at the time of original agreement, as authorized in writing by the County, during preliminary design, detailed design, bidding, construction, start-up, or after completion of construction. General Assumptions Work described in the scope of services for the five project elements is based upon the assumptions listed below: Construction of the first two (2) ASR wells, of the 6-Mg storage tank, and of the final two (2) ASR wells will be bid as three (3) separate contracts. The first two ASR wells and the 6-Mg above ground storage tank will be bid at the same time to provide concurrent construction schedules. The County will perform acquisition of necessary easements (including temporary construction easements). Engineer will define necessary easements and provide surveying and necessary drawings. County will provide Engineer available record drawings of all existing facilities. Record drawings of existing facilities will serve as the basis for new facility location in this project. Record drawing mark-ups will be prepared by the project construction contractors and submitted to the Engineer for review. County will provide Bid/Contract Documents (including front-end documents) for incorporating with Engineer-supplied contract general conditions. The County will pay all permit application fees. Engineer will issue checks and be reimbursed by the County. The proposed production well locations and pipeline routes for the expansion are understood to be free of environmental contamination. 8. Deliverables Engineer will provide the following deliverables: 1. FDEP Construction Permit Application for above ground storage tank. 2. Five (5) sets of 24-inch by 36-inch 60 percent plans, specifications and opinion of probable construction cost for first two (2) ASR wells. 3. Five (5) sets of 24-inch by 36-inch 90 percent plans, specifications and opinion of probable construction cost for first two (2) ASR wells. 4. Five (5) sets of 24-inch by 36-inch 60 percent plans, specifications and opinion of probable construction cost for 6-Mg above ground storage facility. 5. Five (5) sets of 24-inch by 36-inch 90 percent plans, specifications and opinion of probable construction cost for 6-Mg above ground storage facility. ~' AG[I~IDA IT[I,,I ~ \XFtmsvrlXProposalsXProposals~LisahManatee Road ASRWIanatccRdASRExpProp_]H.d#0. /~ ~ 6 I NOV '1 8 2003 ! , t,Y Collier County Manatee Road Aquifer Storage and Recovery System Expansion 6. Five (5) sets of 24-inch by 36-inch 60 percent plans, specifications and opinion of probable construction cost for final two (2) ASR wells. 7. Five (5) sets of 24-inch by 36-inch 90 percent plans, specifications and opinion of probable construction cost for first final (2) ASR wells. 8. Five (5) sets of 24-inch by 36-inch final plans, 12-inch by 18-inch final plans, specifications and opinion of probable construction cost for first two (2) ASR wells. 9. Five (5) sets of 24-inch by 36~inch final plans, 12-inch by 18-inch final plans, specifications and opinion of probable construction cost for 6-Mg above ground storage facility. 10. Five (5) sets of 24-inch by 36-inch final plans, 12-inch by 18-inch final plans, specifications and opinion of probable construction cost for final two (2) ASR wells. 11. FDEP Construction Permit Application for new 6-Mg above ground storage tank. 12. Initial and Final Punch Lists. 13. Five (5) hardcopy sets of 24-inch by 36-inch signed and sealed Record Drawings for first two (2) ASR wells. 14. Five (5) hardcopy sets of 24-inch by 36-inch signed and sealed Record Drawings for new 6-Mg above ground storage tank. 15. Five (5) hardcopy sets of 24-inch by 36-inch signed and sealed Record Drawings for final two (2) ASR wells. 16. One (1) electronic copy of Record Drawings in AutoCAD R2000 format for first two (2) new ASR wells. 17. One (1) electronic copy of Record Drawings in AutoCAD R2000 format for new 6- Mg above ground storage facility. 18. One (1) electronic copy of Record Drawings in AutoCAD R2000 format for final two (2) new ASR wells. 19. Five (5) copies of draft O&M manual addendum. 20. Five (5) copies of final O&M manual addendum. Time of Performance Engineer will complete Tasks 4A, 5A, 6A, 7A and 8 in accordance with the schedule based on cumulative weeks from the date of the NTP by the County: CUMULATIVE TASK WEEKS FROM NTP 4A. Detailed Design (2 Wells) 16 5A. Construction Bid Services (2 Wells) 20 6A. Construction Administration Services (2 Wells) 44 7A. Operational and Start-up Services (2 Wells) 48 8. Additional Services To be determined NOV 8 2003 .... Collier County Manatee Road Aquifer Storage and Recovery Sysfem Expansion Engineer will complete Tasks 4B, 5B, 6B, 7B and 8 in accordance with the schedule based on cumulative weeks from the date of the NTP by the County: CUMULATIVE TASK WEEKS FROM NTP 4B. Detailed Design (2 Wells) 8 5B. Construction Bid Services (2 Wells) 12 6B. Construction Administration Services (2 Wells) 28 7B. Operational and Start-up Services (2 Wells) 38 8. Additional Services To be determined Engineer will complete Tasks 4C, 5C, 6C, 7C and 8 in accordance with the schedule based on cumulative weeks from the date of the NTP by the County: CUMULATIVE TASK WEEKS FROM NTP 4C. Detailed Design (6-Mg Above Ground Storage 16- Facility) 5C. Construction Bid Services (6-Mg Above Ground 20 Storage Facility) 6C. Construction Administration Services (6-Mg Above 44 Ground Storage Facility) 7C. Operational and Start-up Services (6-Mg Above 48 Ground Storage Facilit7) 8. Additional Services To be determined Engineer will observe the time limitations. However, should there be delays in receiving subsequent authorizations, approvals, and review comments from the County, and other governmental agencies, the schedule will be updated and adjusted as mutually agreed upon by Engineer and the County. Engineer shall not be responsible for delays that occur as the result of action or inaction of others not under contract to Engineer. The County Collier County Manatee Road Aquifer Storage and Recovery System Expansion agrees to provide comments on all draft deliverables within two weeks, unless another deadline is agreed upon. EXECUTIVE SUMMARY PURSUIT OF LEGISLATIVE SUPPORT FOR WASTEWATER AND STORMWATER GRANTS UNDER TIlE FLORIDA WATER QUALITY IMPROVEMENT AND WATER RESTORATION GRANT PROGRAM. OBJECTIVE: The Florida Water Quality Improvement and Water Restoration Grant Program, as administered under Section 403.885, F.S., requires legislative support in order for a grant application to be eligible for consideration. The process requires Collier County to secure legislative support. This can be accomplished through submitting letters to the legislative representatives, providing a copy of the application and directly requesting their support during the legislative appropriation process. CONSIDERATIONS: The Public Utilities and Transportation Divisions are submitting grant applications under this program. Public Utilities' grant application is for $1,000,000 for the Rookery Bay force main and pump station improvement project. Transportation's grant application is for $2,000,000 for the Lely Area Stormwater Improvement Project. The applications were due to the Florida Department of Environmental Protection (FDEP) no later than November 15, 2003, and have been submitted to meet this deadline. In addition, FDEP's evaluation period extends through January 15, 2004, at which time the legislature will begin their review. If successful, grant funds will be available after July 1, 2004. It is expected that the grants would be administered through FDEP. The grant applications do not commit the County to any particular financial course of action at this time. In order for a grant application to be eligible for consideration it will be necessary to have legislative support. An example draft letter to the legislators is provided with this executive summary for review and consideration as to the type of support that is being requested. FISCAL IMPACT: There is no direct financial impact associated with asking the legislators for support of the grant applications. However, the statute allows for the Florida Department of Environmental Protection to require or stipulate the amount of local match. Although there is no stipulated local match requirement at this time, the County can expect to be required to identify funds to cover those costs not supported by grant funds. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: Recommend that the Chairman of the Board of County Commissioners pursue legislative support for these grant applications. The example draft letter included with this executive summary provides the basis for pursuing legisla~upport. V;(~'F~iIXTeD U¥.: Th~_ as a. Wides ~(,.~perations Director, Pfiblic Utilities REVIEWED ~'. Robert Wiley Principal Project Manager, Storm Water, Transportation ff Grits Cooff~dinator, Commug~ty Development A~PP/I{OVED li.Y.:/N.o.rman Feder 7sp° ati°i ~/;~bv. ~/~.~ ~ J.a.mes .W.~ y Q.~~lic Utilities AdministratOr DATE ]/-/2 -o 2, DATE bAYE DRAFT Date Dear (Senator) (Representative) The Water Quality Improvement and Water Restoration Grant Program, Section 403.885 F.S. (formerly called House Bill 851) is now accepting applications for 2004. Collier County has numerous projects that meet the intent of this much needed grant program which is to help communities fund projects that will improve water quality and protect the public health. Our County has identified over $800 million in projects scheduled over the next 20 years, which are critical to the County's overall goal of safe and effective wastewater and stormwater management. This is a huge endeavor, and will necessitate that Collier maxi~nize all its funding resources including the use of utility fees, low cost interest loans and grants whenever available. As you may be aware, this grant program will only accept application for projects that are sponsored by local legislative representatives. Therefore, we are requesting your support and sponsorship for the two projects that are identified in the attached Community Budget Issue Requests (CBIRs) and further described below: Rookery Bay Wastewater Improvement Project. This utility system was taken over by the County at the request of the State due to its serious state of disrepair and the previous owner's inability to bring the system up to public heath and safety standards. We are currently beginning the planning and design phase for the required upgrades, and are seeking assistance with the anticipated construction costs. Lely Area Stormwater Improvement Program (LASIP). Collier County has a critical need for improved stormwater management. The overall project will reduce flooding and improve water quality throughout the East Naples area. At this time, we are asking for grant assistance to cover one quarter of the expected cost of the first phase. This phase is expected to begin in 2004 provided sufficient funding is available. Both the Rookery Bay and LASIP projects are considered critical need, and will serve low-moderate income neighborhoods. Although Collier County as a whole is perceived as affluent overall, there are pockets of low and moderate income and these projects NOV ! 8 2003 DRAFT represent many citizens in those areas that economically cannot afford to bear the cost of the necessary improvements. Your sponsorship and support of these endeavors will be very much appreciated by Collier County and its residents. If you have any questions regarding these projects, please feel free to call me at to schedule an appointment with me and/or the Transportation and Public Utilities staff. Sincerely, cc: Mark Brewer, Angie Brewer & Associates, L.C. NOV I 8 2003 PGo ~ EXECUTIVE SUMMARY AUTHORIZE THE EXPENDITURE OF BUDGETED DEVELOPMENT OF BEST FRIEND PARK. FUNDS FOR THE Obiective: To provide neighborhood recreational opportunities in older developed communities. Considerations: In September of 2001 members of the Naples Park community sought a neighborhood park of the Board of County Commissioners. The Board authorized purchase of land for this purpose as part of the FY 01-02 budget process. In December of 2001 the County purchased two lots on 104th Street for a neighborhood park. In March of 2002 Naples Park community members sought a second neighborhood park through the Parks and Recreation Advisory Board. PARAB members scored and ranked three neighborhood park applications and awarded two, one of which was to Naples Park. At that time the representatives of Naples Park preferred to put the development of the first park on hold, in favor of purchasing land for a second park while affordable parcels were still available. Funds in the amount of $165,000 were budgeted for the purchase of land for a second park for FY 02-03. Over the course of the following year Parks and Recreation staff worked with neighborhood representatives, but a suitable second park site priced within budget was not to be had. The Parks and Recreation Advisory Board recommends using the budgeted $165,000 for development of the first park. Park development will proceed according to the neighborhood park policy and under the guidance of the Parks and Recreation Advisory Board and a Neighborhood Park committee composed of citizens from the Naples Park community. If the Naples Park community should desire a second park in the future, members may complete the application process according to policy at that time. The park was named Best Friend Park by North Naples community elementary school children enrolled in the after school program at Veterans Community Park. The children submitted name suggestions, then voted on a short list of their favorites. Fiscal Impact: Funds are budgeted in Parks Capital Improvements (306), in the Naples Park Neighborhood Park project (80608). Source of funds are ad valorem taxes. Growth Management Impact: Neighborhood parks are not inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners authorizes the use of budgeted funds to develop Best Friend Park in Naples Park. Submitted by: ~.~- ~- Date: Amar~a O. Townsend, Operations Coordinator Parkg' and Recreation Department NOV I 8 2003 Reviewed by: Approved by: Marina 6. Ramsey, Direct~f~"/ Parfi~s and Re~creation Dep~a~fment J~ih r~v ~, oUnn~/Cpku b ~i cd ~l}n~ ~t/ea; 0~ .~genda !te~ NO¥ 1 8 2003 EXECUTIVE SUMMARY AWARD CONTRACT FOR RFP 03-3463 "PARKS AND RECREATION MANAGEMENT SOFTWARE" TO CLASS SOFTWARE SOLUTIONS IN THE AMOUNT OF $72,337.50 Objective: To improve the efficiency and effectiveness of Parks and Recreation operations by automating registration, reservation, and accounting functions. Considerations: Parks and Recreation's current tracking system is antiquated and cumbersome. As the number of park events increases the process of registration and record keeping is becoming more complex. Three-layer carbon forms are used for registration at various park locations, and hand delivery of participant information and daily registration is time consuming. To modernize and replace the current event tracking system a request for proposal (RFP) was issued for the purpose of establishing a contract with a firm capable of providing a software solution. The RFP was publicly advertised on April 17, 2003. Notices were sent to 56 firms with 23 firms requesting full packages. Three responses were received by the due date of May 23, 2003. After review and discussion of the proposals, the committee unanimously ranked the responders as follows: 1. Class Software Solutions 2. RecWare 3. Accela, Inc. A contract in the amount of $72,337.50 has been successfully negotiated with Class Software Solutions. Fiscal Impact: Funds are budgeted in the Parks and Recreation Administration budget within the MSTD General Fund (111) for FY04. Growth Management Impact: No Growth Management Plan impact is associated with this action. Recommendation: That the Board of County Commissioners approve the contract with Class Software and authorize the Chairman to sign. Submitted by: '~-~~~~_~ Date: ~'~/~c~~'~ k-~-A-m-~an~;O~o~d, Operati~n-s~oordinator Park~ and ~ecre~ Depanmem Reviewed by: ~//~ ~,~ Date: '1 ¢/~ ha;la O. RamseS, Dir~~ 7 Parks and Recreation ~epa~ent ~ No. /~ ~ NOV 18 2003 Pg._, / Reviewed by: Approved by: Approved by: Steve Cam~ll, Director Purchasing Department Barry Ax eltm"~, D,~ctor InQ~n~io~chnology De~ment Jol~Duh~uck, Administrator Diqision of Public Services Date: Date: Date: EXECUTIVE SUMMARY APPROVAL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT OBJECTIVE: Board of County Commissioners approval of the Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department and authorization for the Chairman to execute the same. CONSIDERATIONS: Collier County Emergency Medical Services is currently operating under a Certificate of Public Convenience and Necessity. Collier County Ordinance 81-75 requires that Collier County Emergency Medical Services renew its original Certificate of Public Convenience and Necessity each year. In addition, renewals are based on the same standards as the granting of the original certificate. Therefore, the requirements for Board of County Commissioners approval in granting certificates, as set forth in the Collier County Code of Laws and Ordinances 50-80, are provided and are specifically addressed in the attached memorandum. Furthermore, the renewal certificate may be approved routinely by the Board of County Commissioners upon advise of the Administrators. FISCAL IMPACT: Pursuant to Collier County Code of Laws and Ordinances Section 50 - 83 (b), the Certificate of Public Convenience and Necessity requires an annual renewal fee of $250. Funding for this fee is budgeted in the FY04 EMS Fund (490) budget. GROWTH MANAGEMENT IMPACT: No growth management impact associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners approve the Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department and authorize the Chairman to execute the same. J~,.0f ~[~ge, Director A ergency Medical Services Department REVYEWED BY: .,,_.--- ~. Date: J~/m Dunnuck, Administrator Pi~blic Services Division Date:l)/~/O3 AGENDA ITEM,, pg. / Memorandum To: From: Date: Subject: James V. Mudd County Manager Jeff Page, Director Emergency Medical Services Department September29, 2003 Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department Per Collier County Ordinance Number 81-75, please accept the following information for renewal of this required certificate: Collier County Emergency Medical Services Department is operated by the County's Board of County Commissioners located at: 3301 East Tamiami Trail, Building F Naples, Florida, 34112 Collier County Emergency Medical Services Department provides service to the 2,032 square miles encompassing Collier County. Collier County Emergency Medical Services Department has a total of fourty vehicles. Thirty-one (31) of these are licensed ground transport vehicles and one medivac helicopter. There are also eight (8) ALS Engines (non-transport). Nineteen (19) licensed ground transports, eight (8) ground transports (non-transports) and the medivac helicopter operate 24 hours and day, seven days a week. During season (November through April) three (3) licensed ground units and three (3) ground transport (non licensed ) vehicles operate 12 hours a day, seven days a week. The remaining, eight (8), ground transport vehicles, are in reserve. (Attachment A) Emergency Services Division Collier County Emergency Medical Services Department has one main office and seventeen (17) substations located throughout Collier County at the following locations: Headquarters 3301 East Tamiami Trail Naples, Florida Station #1 835 8th Avenue South Naples, Florida Station #2 2375 Tower Drive Naples, Florida Station #3 776 Vanderbilt Beach Rd. Naples, Florida Station #4 1280 San Marco Rd. Marco Island, Florida Station #5 & 50 · 4741 Golden Gate Pkwy. Naples, Florida Station #6 & 7 112 South 1st Street Immokalee, Florida Station #8 2065 Pine Ridge Road Naples, Florida Station #9 & 19 11121 East Tamiami Tr. Naples, Florida Station #10 7010 Immokalee Rd. Naples, Florida Station #11 201 Buckner Avenue Everglades City, Florida Station # 12 14756 Immokalee Rd. Naples, Florida Station #14 7227 Isle of CapriRoad Naples, Florida Station # 15 977 26th Avenue North Naples, Florida Station #16 16325 Vanderbilt Drive Bonita Springs, Florida Station #17 4741 Golden Gate Pkwy. Naples, Florida Station #18 175 Isle of Capri Blvd. Naples, Florida Station #20 3410 Pine Ridge Road Naples, Florida o Collier County Emergency Medical Services Department has been licensed and certified to provide Advanced Life Support ambulance service in Collier County since April 6, 1981. o Three (3) Collier County residents to act as references: Robert D. Laird 1756 Courtyard Way, 205-C Fay R. Biles 1588 Heights Court Heather Rockcastle 342 Pinehurst Circle. Naples, Florida 34112 Marco Island, Florida 34145 Naples, Florida 34120 Collier County Emergency Medical Services Department schedules of service fees (Attachment B). o January 3, 2003 memo from Assistant County Manager stating no further information required. Renewal fee of $250.00 by journal entry of an interfund transfer from Fund 490-144610- 649010 to Fund 490-144610-36900. 10. Collier County Emergency Medical Services Department financial statement is available in Collier County's Finance Department JPP/bb Attachments Emergency Services Division 200,t .AUG-27-288~ 18:58 EMERGENCY MEDICAL SERVICE 850 488 9488 P.04705 mmm mmm mrnmmrnrnrnrn m m r'n rn rnmm mrnmmm ~ ~ oooo m~ Z o o00Ooooo H ATTACHMENT "B" RESOLUTION NO. 03 - 24 4 RESOLUTION APPROVING UP-DATED USER FEES FOR COLLIER COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96 - 36 FOR 2004 FISCAL YEAR; ADOPTING BILLING AND COLLECTION PROCEDURE; PROVIDING CLARIFICATION ON ADJUSTMENTS AND WAIVERS; PROVIDING CLARIFICATION ON WAIVER OF SPECIAL EVENTS; AND PROVIDING A PROCEDURE FOR APPROVING HARDSHIP CASES AND PAYMENT PLANS WHEREAS, Collier County Emergency Medical Services (hereinafter sometimes referred to as "EMS") provides ambulance services to the residents and visitors of Collier County; and WHEREAS, the collier County EMS operating budget is funded exclusively through ad valorem taxes and user fees; and WHEREAS, Collier County staff analysis of the cost for ambulance services requires an adjustment to the user fees to properly identify current costs of services to the residents and visitors of Collier County; and WHEREAS, Collier County Ordinance 96 - 36 provides that the user fees for ambulance services may be established by Resolution of the Board of County Commissioners (hereinafter sometimes referred to as "the Board"). NOW, ~HEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: EMS USER FEES BASE RATES SERVICE LEVELS CODES BASE CHARGE BASE A. EMS- BLS NON-EMERGENCY A0428 B. EMS- BLS EMERGENCY A0429 C. EMS- ALS 1 NON-EMERGENCY A0426 D. EMS- ALS I EMERGENCY A0427 E. EMS- ALS 2 EMERGENCY A0433 F. EMS-SPECIALTY CARE A0434 G. EMS- HELICOPTER (LOGISTICAL) A0431 H. EMS- HELICOPTER (TRAUMA) A0431 RATES $ 350.00 $ 375.00 $ 425.00 $ 475.00 $ 550.00 $ 650.00 $ 2,400.00 $ 4,200.00 EMS - BLS GROUND BASE RATE A0428 (BENEFICIARY DEATH IN ACCORDANCE WITH CMS GUIDELINES) Jo EMS - BLS AIR BASE RATE A0431 (BENEFICIARY DEATH IN ACCORDANCE WITH CMS GUIDELINES) MILEAGE RATES $350.00 $2,400.00 SERVICE LEVELS CODES MILEAGE CHARGE A. EMS - IN COUNTY GROUND UNIT A0425 $ 9.00 Do (MINIMUM CHARGE OF 1 MILE AND NO CAP) EMS - OUT OF COUNTY GROUND UNIT (MINIMUM CHARGE OF 1 MILE AND NO CAP) EMS - IN COUNTY AIR UNIT (MINIMUM CHARGE OF 1 MILE AND NO CAP) EMS - OUT OF COUNTY AIR UNIT (MINIMUM CHARGE OF 1 MILE WITH NO CAP) SPECIAL EVENTS AND MISCELANEOUS RATES SERVICE LEVELS - 'rvvo (2) MEDICS/ONE ALS VEHICLE - ONE (1) MEDIC/NO VEHICLE COPIES OF DOCUMENTS/PER PAGE (EXCLUDING GOVERNMENTAL AGENCIES) INTEREST ON PAST DUE ACCOUNTS (PER HOUR) (PER HOUR) A0425 A0436 A0436 SECTION TWO: BILLING AND COLLECTION PROCEDURE The following shall be the minimum guidelines for procedures for ambulance service fees and charges: $ 9.00 $ 65.00 $ 65.00 RATES $ 150.~)0 $ 5o.oo $ 1 .oo 1% monthly billing and collection Initial fees and charges for ambulance service(s) shall be assessed either prior to or following the prOvision of service, as service dynamics reasonably permit. Unpaid lees and charges, subsequent to time of service, shall be reflected in an accounts receivable subsidiary ledger system to be maintained by the EMS Department. An initial bill for ambulance services shall be processed in the following manner within thirty (30) days alter service is provided. 1. The County will send an initial bill to the service recipient's or responsible party's insurance carrier provided that appropriate insurance information is made available to the EMS Billing Section. The EMS Billing Section Will accept Medicare assignment, as a participating provider, and will wait no less than 45 days for payment if Medicare or other insurance carrier's are billed. If the claim is denied, a bill will be sent to the service recipient or responsible party. 2. The County will also send a bill to Medicaid and accept assignment it .appropriate insurance information is made available to the EMS Billing Section by the service recipient or responsible party. The EMS Billing Section will wait no less than 60 days for payment if Medicaid is billed. il the claim is denied because of no coverage at time of service, a bill will sent to the service recipient or responsible party. If Medicaid denies because they felt it was not medically necessary to be transported by ambulance, then the account will be adjusted off per the rules and regulations of Medicaid. 3. In the event the service recipient or responsible party does not have or does not provide proof of insurance coverage, the bill fo[ ambulance service(s) shall be sent directly to the service recipient or Agenda responsible party for payment. The EMS Billing Section will wait no less than 30 days for payment. The following will occur if payment has not been received within above set guidelines: . 1. A past due notice will be sent in accordance with the above provisions, (45 days after billing third party or Medicare, 60 days after billing Medicaid and 30 days after billing responsible party or service recipient). 2. Thirty (30) days) after the first past due notice is sent, a second past due notice will be sent. 3. After a ten (10) day grace period following the second'past due notice, the account will be sent to the County's contracted collection agency. C. Interest will be assessed at 1% per month, on all accounts that are sent to the County's contracted collection agency, (excluding hardships as defined by County policy) D. A reasonable and customary payment plan will be made available for all service recipients or responsible parties. Should the service recipient or responsible party at any time fail to meet the terms and conditions of the payment plan, the unpaid balance shall be administered in accordance with Section B.3 above. · E. When ambulance service bill(s), at any stage in this billing and collection procedure, are returned because the Postal Service cannot effectuate delivery, the EMS Billing Section shall make a reasonable effort to ascertain the correct mailing address. If reasonable efforts to ascertain a correct address fail, the account(s) may be considered for other collection alternatives. F. Nothing contained in this section shall preclude reasonable telephone or other appropriate contact for billing and collection purposes, in accordance with all applicable laws. G. Throughout the fiscal year, the EMS Billing Section shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are believed to be uncollectible. The Board may, after reviewing these past due accounts and after finding that diligent efforts at collection have proven unsuccessful, remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. SECTION THREE: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for adjustments to ambulance service fees. The Board of County Commissioners, in accordance with criteria established by the enabling Ordinance, may authorize other adjustments. /~ Agend~ Item ! 8 2003 Pg, .9 A. Medicare and Medicaid Adiustments Contractual adjustments under Medicare and/or Medicaid assignment will be made in accordance with applicable Medicare and/or Medicaid, rules and regulations. B. Victim's Compensation Contractual Adiustments Contractual adjustments will be made in accordance with applicable state, federal and Ioca.! rules and regulations. C. Worker's Compensation Contractual Adiustments.. Contractual adjustments will be made in accordance with applicable state federal and local rules and regulations. D. County Employee Adiustments. Board of County Commissioners and Constitutional Officers' employees that have Prima~y coverage under Collier County's insurance policy will be responsible for any deductibles, co-payments or unpaid balances. An employee may dispute his/her ambulance charge in eccordance with procedures set forth in Ordinance 96-36. E. Champus/Tricare Adiustments. Contractual adjustments will be made in accordance with applicable Chompus/Tricore rules and regulations. F. Railroad Retirement Adiustments Contractual adjustments will be made in accordance with applicable state, federal and local rules and regulations pertaining to Railroad Retirement Adjustments. G. Social Services Adiustments Contractual adjustments will be made in accordance with rules established by the County Manager and memorialized by a memorandum ct understanding executed by the Social Services Director and the EMS Director. SECTION FOUR: WAIVER OF EMS USER FEE FOR SPECIAL EVENTS Pursuant to Ordinance No. 96 - 36, and from the effective date of this Resolution, user fees for EMS ambulance stand-by services may be waived if the Board finds that a valid public purpose has been established in recognition ct their charitable contributions to the Community. SECTION FIVE: HARDSHIP CASES AND PAYMENT PLANS The Board recognizes that certain service recipients may need to be identified and processed as hardship cases. Payment plans will be established pursuant to the mir~mum guidelines set forth in this Resolution. A. Hardship cases will be established in accordance with the Federal Poverty guidelines, as used by the Social Services Department of Collier County. B. Payment plans for hardship cases will be set up on a monthly basis, with a minimum payment of $10.00 per month. Hardship cases, placed on a payment plan will not accrue interest or be placed into collection. Notwithstanding the foregoing, if a service recipient has a payment plan and does not make the agreed scheduled payments for a Period longer than two (2) months, the account will be turned over to the County's contracted collection agency and interest will begin to accrue. SECTION SlX: SUPERSESSION OF RESOLUTION 2002-429 This Resolution shall supersede Resolution No. 2002-429 ! 8 2003 SECTION SEVEN: ADOPTION AND EFFECTIVE DATE This Resolution shall become effective on October 1, 2003. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~_q-~k day of --To I[~ ,2003. DWIGHT E. BROCI~:CLERK ,]geature 0a}~r: .... .- BOARD OF COUNTY COyMISSIONERS OF COLLI~J~OUN~ORIDA , bY: Tom Henn~ng, Chairman Approved as to form and legal sufficiency: ..cqu~line Hubba'rd Robinson sistant County Attorney ! 8 2003 MEMORANDUM ATTACHMENT "C" TO: FROM: DATE: REF: James V. Mudd, County Manager John Dunnuck, Administrator Public Services Division September 19, 2003 Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department After review of the application to renew this certificate for Collier County Emergency Medical Services Department, no further information is required at this time. Agenda. COLLIER COUNTY FLORIDA EMERGENCY SERVICES PERMIT #1 This Permit Expires December 31, 2003 Name of Service: Collier County Emergency Medical Services Name of Owner or Manager: Principal Address of Service: Business Telephone: Emergency Telephone: Collier County Board of County Commissioners 3301 East Tamiami Trail, Naples, Florida, 34112 (941) 774-8459 9-1-1 Description of Services Area: The 2,032 square miles encompassing Collier County Number of Ambulances on 24 hour duty: 21 ground units (ambulances) Number of Ambulances on 12 hour duty: Two (2) ground unit. Number of reserve Ambulances: Seven (7) Number of non-transport ALS engines: Eight (8) Number ofmedivac helicopter: One (1) See attachment "A" for description of vehicles. This permit, .as provided in Ordinance 81-75 shall allow the above named Ambulance Service to operate Emergency Medical Services for a fee or charge for the following area(s): Collier County until the expiration date hereon, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the service named herein shall fail to comply with any local, state or federal laws or regulation applicable to the provision of Emergency Medical Services. Issued and approved this ATTEST: DWIGHT E. BROCK, CLERK day of ,2003 BOARD OF COUNTY COMMISSSIONERS COLLIER COUNTY, FLORIDA Clerk Tom Henning, Chairman Approved as to form & legal sufficiency: ! 8 2003 0 0 ~ No.~ .~ ! 8 2003 EXECUTIVE SUMMARY,, RECOMMEND THAT THE CHAIRMAN SIGN AN AGREEMENT WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION THAT WOULD AUTHORIZE THE USE OF $164,280 FROM THE FY '04 HUMAN SERVICES DEPARTMENT BUDGET TO BE CONSIDERED PART OF A LOCAL MATCH REQUIREMENT TO OBTAIN STATE AND FEDERAL FUNDING TO OPERATE A PRIMARY CARE CLINIC IN THE GREATER NAPLES COMMUNITY. OBJECTIVE: To sign an agreement with the Agency for Health Care Administration that would authorize the use of $164,280 of existing budgeted funds within the Human Services Department to continue funding of the Horizon's Primary Care Clinic located at 5262 Golden Gate Parkway. CONSIDERATIONS: On January 14, 2003, the Board of County Commissioners authorized the use of existing funds from the Human Services budget to match State and Federal resources to establish the Horizon's Primary Care Clinic. For FY '04 existing funds within the Human Services budget were set aside to match State and Federal funds for the continuance of the clinic. The Horizon's Primary Care Clinic is operated by Collier Health Services Inc., which is a non-profit 501 (3) organization, that has operated a variety of community-based health clinics in Collier County for the last 25 years. This grant opportunity utilizes a funding mechanism known as an Upper Payment Limit and is provided by the Agency for Health Care Administration (AHCA) and the Department of Health. The program would allow $164,280 of local, existing funds be matched exactly with $164,280 of State general revenue dollars that combined would provide an additional $472,000 in Federal funds for a total of $800,560. These funds would then be used to design a primary care medical service for individuals in Collier County that lack access to this type of care. FISCAL IMPACT: There would be no fiscal impact. Funds from the current Human Services budget would be redirected to finance the local match requirement. These funds would then contribute to the operation of the clinic. GROWTH MANAGEMENT IMPACT: This action implements the Growth Management Plan and Redevelopment Plan by providing public services to improve the health, safety, and welfare of the community. RECOMMENDATION: That the Board of County Commissioners authorize staff to continue to redirect current funds provided through the Human Services Department to support the local match requirement and authorize the chairman to sign the agreement with the Agency for Health Care Administration, which is necessary to negotiate a contract between the Department of Health and Collier Health Services, Inc. to :ontinue to operate the Horizon's Primary Care clinic located at 5262 Golden Gate Parkw~ ,, Agent'S' ~?r ~' ~::I NOV 1 8 2003 SUBMITTED BY: APPROVED BY: B~5/'y X~illiams, Director, D Hu~man Services Department . lJlj/] ,~---~ orDate: ///-S-~/'~d.)~ ~// 'J;ut~icD~e~t~;~}~i~v~}~l~Sntrat ' Agend I~cem NO,~ NOV 1 8 200t Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the 18th day of_November, 2003 by and between Collier County, (the County) and the State of Florida, through its Agency for Health Care Administration, 1. Per Senate Bill 2-A, the General Appropriations Act of FY 2003-2004, passed by the 2003 Florida Legislature, Collier County and the State of Florida, through the Agency for Health Care Administration, agree that Collier County will remit to the State an amount up to $164,280. a) The County and State have agreed that these funds will only be used to increase the provision of Medicaid funded health services to the people of the County and the State of Florida at large. b) The increased provision of Medicaid funded health services will be accomplished through the following Medicaid programs: 1. The removal of inpatient and outpatient reimbursement ceilings for teaching, specialty and community health education programs hospitals. 2. Increase the annual cap on outpatient services for adults from $500 to $1500. Special Medicaid payments to rural hospitals, trauma centers, graduate medical education programs, primary care services and other Medicaid participating hospitals. Special Medicaid payments to hospitals that provide enhanced services to low income individuals. The County will pay the State in the amount of $164,280. The County will transfer payments to the State in the following manner: a) The first quarterly payment of $41,070 for the months of July, August, and September is due upon receipt of the first quarter invoice. b) Each successive payment of $41,070 is due no later than the end of each quarter, December 31, 2003, March 31, 2004 and June 30, 2004. c) The State will invoice Collier County each quarter payments are due. Agen~[a NOV 1 B 20{33 o The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid health services covered by this Letter of Agreement. Further the County and State agree that the County shall have access to these records and the supporting documentation by requesting the same from the State. The County and the State agree that any modifications to this Letter of Agreement shall be in the same form, namely the exchange of signed copies of a revised Letter of Agreement. The county confirms that there are no pre-arranged agreements (contractual or otherwise) between the respective counties, hospital districts, and/or the hospitals to re-direct any portion of the Medicaid supplemental payments in order to satisfy non- Medicaid activities. 6. This Letter of Agreement covers the period July 1, 2003 through June 30, 2004. WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. Collier County State of Florida Signature Administration Mr. Tom Henning Name Kenneth L. Thurston, CPA Assistant Deputy Secretary for Medicaid Finance Agency for Health Care Chairman Title NOV 1 8 2003 EXECUTIVE SUMMARY AUTHORIZE A BUDGET AMENDMENT RECOGNIZING COMMUNITY DEVELOPMENT BLOCK GRANT REVENUE IN THE AMOUNT OF $684 FOR THE HUMAN SERVICES DEPARTMENT TO PROVIDE PRESCRIPTION MEDICATIONS TO LOW INCOME RESIDENTS IN IMMOKALEE. OBJECTIVE: To recognize Community Development Block Grant (CDBG) funding awarded to the Human Services Department to provide prescription medications to low income residents in Immokalee. CONSIDERATION: On June 11, 2002, the Board of County Commissioners approved the amended Collier County Consolidated one-year action plan for FY '01-'02 for the use of US Department of Housing and Urban Development CDBG Funds. The Human Services Department applied for and was awarded funds per Subrecipient Agreement #01-11 Rural Prescription Medication Program. The scope of this project is the expansion of an existing rural prescription medication program by the Collier County Human Services Department working in collaboration with Collier Health Services, Inc. at Marion E. Fether Clinic, located in Immokalee. Currently, Collier County Government provides assistance to eligible indigent residents as identified by Florida Statute 125.01. The service provides emergency/short-term pharmacy assistance. On October 22, 2003, the Financial Administration and Housing Department notified The Human Service Department that an additional award of $684 to expand the Rural Prescription Medication Program was granted according to Subrecipient Agreement #01- 11 as approved by the Board of County Commissioners on June 11, 2002. A budget amendment is necessary to recognize and appropriate the additional CDBG revenue of $684. FISCAL IMPACT: Approving this budget amendment would increase the Human Services FY '04 budget by $684. No county matching funds are required. GROWTH MANAGEMENT IMPACT: This action implements the Growth Management Plan, the Immokalee Master Plan and Redevelopment Plans by providing public services to improve the health, safety, and welfare of the community. RECOMMENDATION: That the Board of County Commissioners authorize the necessary budget amendment, as previously described, to recognize $684 in CDBG funds for providing prescription medications to individuals in need in Immokalee. Agend, a NOV ! 8 2003 SUBMITTED BY: APPROVED BY: J~n4 Dunnuck, Administrator, Public Services Division Date: Date: l A ge'nda Item' NOV 1 8 2003 EXECUTIVE SUMMARY APPROVE THE PURCHASE OF A TELESTAFF AUTOMATED STAFFING SYSTEM FROM PRINCIPAL DECISION SYSTEMS INTERNATIONAL (PDSI) IN THE AMOUNT OF $38,790 TO BE PURCHASED WITH THE STATE OF FLORIDA 100% GRANT FUNDS OBJECTIVE: That the Board of County Commissioners waive competition under Section 5C of the Purchasing Policy and approve a purchase agreement with Principal Decision Systems International (PDSI) for the acquisition and installation of a computerized staffing system in order to cost effectively manage staffing. CONSIDERATION: Currently staffing decisions and the tracking of work hours for the EMS Department are being performed on paper. EMS personnel are scheduled according to work rules and the EMS bargaining unit contract. Schedule placement for 44 personnel must be maintained daily, which requires many phone calls to fill any openings due to illness and other unforeseen vacancies along with routine schedule vacancies. This is a labor-intensive and time-consuming practice. In addition, the current staffing procedure is prone to human error and lacks management tools such as payroll reports and other information that would be useful to the EMS Department. The Telestaff System in the form of hardware and software will more effectively manage the issues associated with staffing and contacting employees. This system is able to place inbound and outbound phone calls without the need for human intervention to maintain system integrity. TeleStaff will generate detailed labor reports for operational analysis. Legislated details in the department such as certification expirations will also be maintained in the system and tracked to meet department needs. This system will work with the existing work rules and the bargaining unit contract to insure policies are followed and human error is eliminated. TeleStaff will automatically notify all personnel simultaneously in the event of a major emergency or whenever deemed necessary. This system is currently being used by more than 215 North American response agencies such aa EMS, Fire, and Law Enforcement. TeleStaff will minimize time spent on scheduling and contacting employees while maximizing operational efficiency through the addition of management reports. Staff has successfully negotiated modifications to the terms and conditions of the PDSI contract in order to provide the maximum benefits to the EMS Department and the County. The attached memo shows the estimated return on investment for this system, as well as documentation of the due diligence that the EMS department has done to check references and to ascertain that it does meet the Sole Source standards of the Purchasing Policy. The Information Technology Department has reviewed and approved this system. FISCAL IMPACT: The total cost of the system is $38,790 and will be purchased with EMS 100% Grant Fund 491. Following the initial 12-month service agreement all service will be maintained in house by the EMS Database Administrator so as not to cause any future fiscal impact. Continuation of service and support following what is included in ~he first year initial agreement will not be required. HOV 1 8 2003 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners waive competition for this purchase under Section 5C of the Purchasing Policy and approve the County Attorney approved agreement between Principal Decisions Systems International (PDSI) and Collier County EMS and authorize the Chairmen to execute the same. SUBMITTED BY: Thomas White, Division Chief Emergency Medical Services Department REVIEWED BY: ~/,~(' j"/~,, Date: JeffJ~,a~rector f Emergencyv Medical Services Department REVIEWED BY: APPROVED BY: Steve Carnell, Director Purchasing Department Date-///~-'/0 ~ NOV 1 8 003 TELESTAFF LICENSE AND ANNUAL SERVICE AGREEMENT Re~,i.¥i,m lSl.,l-070i03 This Agreement ("AGREEMENT") made by and between Principal Decision Systems International ("PDSI") that has its principal place of business at 625 The City Drive South, Suite 190, Orange, CA 92868, and Collier County EMS ("CUSTOMER"), that has its principal place of business at 3301 East Tamiami Trail, Naples, FL 34112, shall be subject to the following terms and conditions: Whereas, PDSI has developed a telecommunications/computer technology which consists of certain software known as TELESTAFF; and Whereas, PDSI imposes certain license requirements on customers desirous of purchasing a license for TELESTAFF; and Whereas, CUSTOMER wishes to contract with PDSI to: (1) implement a license to use TELESTAFF, (2) train CUSTOMER on its configuration and use, and (3) as applicable, implement all licenses necessary to use TELESTAFF; and Whereas, PDSI is willing to contract with CUSTOMER to: (1) grant CUSTOMER a license to use TELESTAFF, (2) train CUSTOMER on its configuration and use, and (3) as applicable, grant all licenses necessary to use TELESTAFF; Now, therefore, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, PDSI and CUSTOMER do hereby agree as follows: 1. Ownership and License of TELESTAFF.. Except as provided herein at paragraph 2(b), PDSI hereby grants to CUSTOMER a license to use TELESTAFF in object code form. CUSTOMER shall abide by the terms and conditions of this license as stated herein. The parties recognize and acknowledge that ownership of TELESTAFF shall remain with PDSI 2. CopyriRht and Proprietary Protection. (a) TELESTAFF is owned by PDSI, and is protected by United States and international copyright laws and international trade provisions. CUSTOMER must treat TELESTAFF like any other copyrighted material. This License and CUSTOMER's right to use TELESTAFF shall terminate automatically if CUSTOMER violates any part of this AGREEMENT. In the event of termination for any reason other than non-renewal of Service and Support as described herein at Section 10, CUSTOMER must immediately return TELESTAFF and accompanying documentation to PDSI. (b) CUSTOMER shall not: (i) Modify TELESTAFF and/or merge it into another program for CUSTOMER use except by express, written permission from PDSI. Any portion of TELESTAFF merged into another program following the express, written permission from PDSI will be subject to the terms of this AGREEMENT; (i~) Reverse engineer, disassembie, decompile, or make any attemptto discoverthe source code or methodology of TELESTAFF. Execution Date. The Execution Date is defined as the date this AGREEMENT is signed by an authorized agent of CUSTOMER. Term. This AGREEMENT is effective and binding upon PDSI and CUSTOMER upon the Execution Date as defined in paragraph 3 herein and shall remain in effect for a term of one (1) year unless terminated as provided herein. This Agreement may be extended by the mutual agreement of the parties for three (3) additional one (1) year periods. The CUSTOMER shall give PDSI written notice of the CUSTOMER'S intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Subsequent renewals to extend this Agreement shall be approved by the Collier County Board of County Commissioners, Product Options. The following constitutes a list of TELESTAFF components and associated fees that CUSTOMER does hereby agree to purchase from PDSI available in connection with the use of TELESTAFF. See Appendix A for the definition of TELESTAFF Hardware Components and Appendix B for the definition of Implementation Services. Initial Component Fe__~e TELESTAFF Software License for 200 Staff Members $ 23,600 WEBSTAFF - PDSI Hosted Setup and First Year Service $ 2,500 TELESTAFF Implementation Services $ 12,000 Hardware - Enterprise Server Qty: I $ 4,500 Additional Sybase Concurrent Connections Qty: 4 $ 500 Total Initial Acquisition Cost $ 43,100 10% discount if contract is executed by November 21, 2003 $ 38,790 Pricin,q. PDSI agrees to the fees reflected above in paragraph 5 until November 21,2003. NOV-(8 R~wision '£%'LA -070103 Payments. The CUSTOMER shall pay PDSI for lhe performance of this Agreement upon completion or partial completion of the below deliverables as accepted and approved by the IT Project Manager or lheir designee pursuant to 'the fees as set forth in this section. Payments shall be made to the PDSI when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 2'18.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act'. Deliverables to be as follows: Initial Component TELESTAFF Software License and applicable Sales Tax ($23,600) TELESTAFF Implementation Services ($7,690) TELESTAFF Hardware Components ($5,000) WEBSTAFF Set Up and First Years Service ($2,500) Due Upon Receipt of Software Upon completion of the Configuration Training as defined in Appendix B attached hereto Upon receipt of hardware as defined in Appendix A attached hereto Upon setup of WebStaff Travel Expenses. PDSI's Travel and Reimbursable Expenses performed under this Agreement shall not exceed one thousand dollars ($1,000.00) unless approved in advance in writing by the County. Travel expenses shall be reimbursed at the rates used by Collier County for its employees as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage: $ .29 per mile Breakfast: $3.00 Lunch: $6.00 Dinner: $12.00 Airfare: Actual ticket cost Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking Implementation Services. Implementation Services include configuration of TELESTAFF as defined in Appendix B. CUSTOMER acknowledges that additional training and/or reconfiguration requested by CUSTOMER will be at an additional cost. Annual Service and Support. Service and Support of TELESTAFF is provided at no additional charge during the first twelve (12) months following the Execution Date. See Appendix C for the definition of Service and Support. CUSTOMER does hereby acknowledge that on each anniversary of the Execution Date, CUSTOMER may renew service and support under the following events: Initial Event ~ TELESTAFF - 1st Anniversary of the Execution Date fl Subsequent anniversaries during term Payment $ 4,720 5% maximum increase over previous period PDSI reserves the right to discontinue Service and Support of previous releases of TeleStaff and WebStaff as defined in Appendix C upon ninety (90) days written notice to CUSTOMER. 11. WebStaff UsaRe: Access to TeleStaff via the web is provided through the WebStaff application hosted by PDSI. CUSTOMER does hereby acknowledge that on each event and for the fee specified below, CUSTOMER can renew access to WebStaff: Initial Event 1st Anniversary of the Execution Date Subsequent anniversaries during term Payment $ 4,080 O 5 ~ maximum increase over previous period Should CUSTOMER elect not to renew WebStaff access or fail to pay the usage fee specified above in advance the subsequent 12 month period, CUSTOMER acknowledges that PDSI will disable CUSTOMER access to WebStaff. Limited Warranty. PDSI WARRANTS TELESTAFF TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND TO OPERATE IN REASONABLE ACCORDANCE WITH TELESTAFF USER MANUALS. HOWEVER, PDSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TELESTAFF WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF TELESTAFF WILL BE UNINTERRUPTED OR ERROR FREE. THE LIMITED WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PDSI warrants that when utilized by the CUSTOMER in a manner authorized hereunder, the TeleStaff Software will reasonably conform to the functional specifications set out in the user documentation accompanying the Software. PDSI's sole obligation and liability hereunder with respect to any failure to so perform will be to use reasonable efforts to remedy any non-conformity which is reported to PDSI in writing by CUSTOMER within 120 days following installation and acceptance by CUSTO~_E~. !; ;.:.; c .... ;~u~_~ ' 2 / NOV 1 8 2063 R~;w'.~i'~m TSL. ~ -07il ] 03 is unable to remedy such non-conformity within a reasonable time using reasonable efforts, at the CUSTOMER's option, PDSI will refund to CUSTOMER the license fee pertaining to the Software and this Agreement will be terminated as provide for in Section 15. 13~ Limitation of Liability. CONTRACTOR'S liability to CUSTOMER for any claim for damages caused by the CONTRACTOR'S performance or non- performance under this Agreement shall be limited to an amount equal to the total amount of this Agreement. In no event shall CONTRACTOR or its agents be liable for damages, loss or expenses of any kind whatsoever that may result from the fraudulent or unauthorized use of equipment, software and/or services provided under this Agreement. 14. Indemnification. Subject to the limitations set forth in Section 768.28, Florida Statutes, each party agrees to indemnify and hold the other party harmless against and from any and all losses, claims, damages or liabilities, joint or several, to which the other pady may become subject as the result of negligent or intentional acts or omissions, by the other party in connection with the performance of its duties under this Agreement or as the result of the other party's material breach of any representation, warranty, covenant or agreement pertinent to this Agreement. This indemnity provision shall survive the termination of this Agreement. 15. Termination. This AGREEMENT shall terminate upon the following events: (a) In the case of an event of default (if CUSTOMER or PDSI fails to satisfy any of its respective covenants, duties or obligations under this AGREEMENT), the non-defaulting pady shall have the option to terminate this AGREEMENT. In the event of default, the non-defaulting party shall give written notice to the defaulting party of the alleged default and give such party at least thirty (30) days in which to cure the alleged default. If the defaulting party does not satisfactorily cure its default, the non-defaulting party has the right to terminate upon thirty (30) days additional written notice stating the defaulting party's failure to cure the default; (b) By mutual consent between both parties; (c) After the initial term of the AGREEMENT, upon thirty (30) days written notice to the other party. 16. Miscellaneous Provisions. (a) Amendments. This AGREEMENT shall not be modified or amended except by another agreement in writing executed by the parties hereto. (b) Entire Aqreement. This AGREEMENT, including Appendices A, B, and C attached hereto, supersedes all prior discussions, understanding and agreement between the parties with respect to the matters contained herein, and constitutes the entire agreement between the parties with respect to the matters contemplated herein. (c) Governinq Law. This AGREEMENT shall be construed and enforced in accordance with the laws of the State of Florida and County of Collier. (d) Notices. All notices, requests, demands and/or other communications required or permitted to be given or made by this AGREEMENT shall be in writing and shall be faxed or mailed, postage prepaid and addressed to the parties at the addresses or fax numbers below. Any party may change its address or fax number for purposes of this AGREEMENT by notice in writing to the other party. CUSTOMER: Collier County EMS Department 3301 Tamiami Trail East Naples, FL 34112 Fax: (239) 732-0844 PDSI 625 The City Drive South, Suite 190, Orange, CA 92868 Fax: (e) No Waiver. No failure on the part of any party hereto to exercise, and no delay in exercising any right, power or remedy or partial exercise of any right, power or remedy by any party will preclude any other or future exercise of any other right, power or remedy or partial right, power or remedy. No express waiver of assent by any party hereto to any default in any term or condition of this AGREEMENT shall constitute a waiver of or an assent to any succeeding default in the same or any other term or condition hereof. (f) Assiqnability. This AGREEMENT shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, successors, assigns and personal representatives. (g) Escrow. Customer wishes to have access, upon the happening of certain events, to the TeleStaff source code with supporting documentation ("Source Code") for TeleStaff software (the "Software") licensed to Customer by PDSl in executable form pursuant to this Agreement. PDSI agrees to release the Source Code to the Customer as long as CUSTOMER has remained in compliance with PDSI's Service and Support Plan as defined in Section 10 above under the following Release Condition: PDSl being in breach of any contractual obligation to provide Software maintenance, technical support, or upgrade services to Customer as a result of the appointment of a receiver, receiver-manager or trustee in bankruptcy over the assets and undertaking of PDSI This Release Condition shall be deemed to occur upon the earlier of: (i) the appointed receiver, receiver- manager or trustee in bankruptcy announcing that such receiver, receiver-manager or trustee will not assume/reject and continue to discharge PDSrs obligations of support and maintenance to Customers; or (ii) thirty (30) days after the appointment of such receiver, receiver-manager or trustee in bankruptcy in the event such receiver, receiver-manager or trust~'~_ ~;~ ~'" nnnnun~ any assumption by it of the PDSrs obliga, tions of support and maintenance to Customers. N0V ! 8 2003 Pg ,~.~ (h) It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Collier County Board of County Commissioners. IN WITNESS WHEREOF, the parties have signed this AGREEMENT on the day and year first above written. PDSI By: Collier County EMS (CUSTOMER) By: Title: Title: Date: 8/29/2003 Date: Agend~ ;[te~'~- No. /4,/~ ~_~ OV ! 8 ZOO3 Appendix A - TeleStaff Hardware Components Computers purchased through PDSI are manufactured by Dell Computer Corporation. Each computer is built to the specifications required by Tel°Staff and includes components necessary to operate the features of each TeleStaff product model. Each computer is quality tested by Dell and is delivered to CUSTOMER ready to operate as intended. Following are the basic features and components included for each TeleStaff computer hardware option: TeleStaff Basic Server · Intel Pentium 2 GHz processor or better · 512 MB orgreater RAM · 40 GB or larger Hard Drive · 48x CD-ROM Drive · 17" SVGA Monitor · V.90 Data/Fax Modem · Multimedia with speakers and microphone · Keyboard and mouse · Microsoft Windows XP Pro License · Iomega 250M Zip Drive · 4 hours 7 x 24 onsite service (3 years) TeleStaff Telephony Server · TeleStaff Basic Server plus: · 4 port Dialogic Telephony system · Telephony system dongles (4 port) TeleStaff Database Server · TeleStaff Basic Server plus: · Sybase Studio database license (1 concurrent user) · Sybase Client database license (3 concurrent users) TeleStaff Enterprise Server · TeleStaff Basic Server plus: · 4 port Dialogic Telephony system · Telephony system dongles (4 port) · Sybase Studio database license (1 concurrent user) · Sybase Client database license (3 concurrent users) A-1 2003 Appendix B - TeleStaff Implementation Services Partnership A.qreement For the fee specified in paragraph 5 of this AGREEMENT, PDSI will train CUSTOMER staffing administrators on the operation of TeleStaff and will train CUSTOMER on how to configure the TeleStaff system using CUSTOMER data. The following steps comprise the TeleStaff Implementation services: Hand-Off: During this internal phase, the appropriate PDSI account representative transfers information on the CUSTOMER to the PDSI Implementation Manager (IM). The IM is a project manager who is responsible for coordinating all activities necessary to implement TeleStaff for the CUSTOMER. During this phase, PDSI will send the CUSTOMER an Implementation Welcome Packet containing an overview of the Implementation Process and information on how to prepare for TeleStaff. Kick-Off: During the Kick-Off phase, the IM and CUSTOMER hold a conference call to review the Welcome Packet, to establish CUSTOMER contacts required by PDSI during the Implementation Process, and to set dates for the 5 day Implementation Training held at PDSI. Preparation: During the Preparation phase, the IM and CUSTOMER will hold a conference call to review TeleStaff data fields, to instruct the CUSTOMER on how to use the data import tool, and to instruct the CUSTOMER on how to analyze and document their staffing rules. Also during this phase, PDSI provides the CUSTOMER with the necessary installation documentation and ships the TeleStaff hardware to the CUSTOMER. Training: Implementation Training is held at PDSI over the course of 5 consecutive business days. Implementation Training will include two distinct classes. The first class is a TeleStaff Administrator Training Class that provides instruction on the operation of TeleStaff. Instruction is hands-on, train the trainer format, with a guided workbook. This training course will take up to two 8-hour days to complete, and is limited to two (2) staff members. The second class, Configuration Training, is designed for the CUSTOMER'S business rules expeds. A PDSI configuration analyst will train the CUSTOMER on how to configure TeleStaff using the CUSTOMER'S database. This training course will take up to three 8-hour days to complete, and is limited to two (2) staff members. For information on additional advanced training courses offered by PDSI, please contact your TeleStaff Implementation Manager or your Account Executive. B-I Agend~ N0V I 8 2003 Appendix C - Annual Service and Support All Software Errors reported by CUSTOMER shall be resolved as set forth below. Initial response by PDSI will be based upon CUSTOMER's full description of the problem. Resolution response will be based upon the priority assigned by PDSI as defined below. If CUSTOMER determines that a Software Error exists, CUSTOMER shall notify PDSI by telephone. Telephone notification will be made to PDSI's support line at (800) 850-7374. "Normal Business Hours" are 8:00 AM through 5:00 PM (Pacific Standard Time), Monday through Friday, excluding holidays. The main support line will be answered either by an attendant or automated attendant at all hours. During Normal Business Hours, each trouble report will be assigned a Help Desk Log Number. The Log Number shall be used for all subsequent inquiries relating to the original problem. During Normal. Business Hours, the attendant will ring the TeleStaff Support Department and the call will be handled according to the priority assigned by PDSI. In the case of priority-one problems, as noted below, CUSTOMER may be able to speak directly to a TeleStaff Support Representative if one is available. Outside of Normal Business Hours, Priority I support, as described in this appendix, will be made available through a pager system. The phone number is 800-850-7374. Priority 1 support is available 24 hours per day, 7 days per week to CUSTOMER's with LIVE status. All other problems will be handled on a callback basis. If requested or so stipulated in the response time criteria below, a PDSI representative will return the call in a manner consistent with the priority and order in which the call was received. CUSTOMER shall make every effort to respond to PDSI in a timely fashion when requests are made to follow-up calls or additional documentation on the reported problem. Priorities are assigned as follows: Priority One Hours of Avaiiabiiityi 24 hours/day, 7 days/week Description: A critical software error that severely impacts the ability of CUSTOMER to perform ALL automated staffing functions (TeleStaff is down). This level of priority is only available to CUSTOMER's that are using TeleStaff in a production environment (LIVE accounts ONLY). Initial Response: During Normal Business Hours, immediate response if a Support Representative is available. Otherwise, PDSI will respond with a call back within one hour. Outside of Normal Business Hours (including holidays), PDSI will respond with a call back within two hours. Resolution Respon.sei PD$!.wiil Work aggie.~si~e.iy to provide CUSTOMER with a work.arOUnd SolUtiOn Or to comPletely resolve the p~'0blem. Notification: It is the responsibility of CUSTOMER to alert PDSI of a possible Priority-One issue. PDSI will update CUSTOMER of progress frequently during problem resolution and notify CUSTOMER once the workaround has been provided or the problem has been resolved. Priority Two HoUrs of AVailability: · ~(~d~yihio~ghlFridaY 6i~,0 AMi0 ~6:00 PMi Pacific standard Time. ' Description: A non-critical software error, which prevents the user from performing a data entry or system administration function. These do not include cosmetic, documentation, or reporting problems. These also do not include questions or · i~gu!.r!e~s .regard!~ng ~th.e op~.r~ati0~ 0f t.h~ s~offwar~ ori!s in~t~lla.t, i0n. an.d .tra!.n.ing. Initial Response: During Normal Business Hours, PDSI will respond with a call back within three hou~:s. Outside of Normal Business . H0u[s (including.hclidays)~ pDS! will respond with a. (~all back the n_e~t, business day Resolution Response: PDSI will provide a workaround for CUSTOMER when possible. PDSI will provide a problem resolution in the form of an. L~pgrade. or modificati0[! t.o t~e Software in an upcoming Update: Notification: PDSI will notify CUSTOMER when a workaround has been provided or the problem has been resolved. Priority Three Hours of ^va.i~abi~: Monday. th~'0ugh Friday, 6130 AM to 6:00 PM, Pacific Standard Time. Description: All other software or documentation errors not described above. These include but are not limited to: · Reporting errors or calculation problems · Documentation inaccuracies · Cosmetic issues · Misspellings · Product Enhancement requests · Questions or inquiries relating to TeleStaff Software functionality, system administration or installation Initial ResponSe: "PDS-I Will msp0nd to these items if specifically reqUested to do so at the time of the request. If a reply is requested, PDS. I~.w.iII. resp0nd within an. a~e.ra_ge 0[ twenty?f0~Jr.(24), h0?s dudng Norm.a. ! Bi, sinless.Hours- .. Resolution Response: PDSI will correct documentation errors in upcoming releases of the documentation. N0tificati°ni i~ '~:~l~e~t~dl 15~Si Will' ~{if~ th~' ~;bsYOMER when' a-~orkaro~r~d"~a.g,-"b;e~n 'pr~/[d~d~or the problem h:gS been resolved. C-I NOV 1 8 2003 To: From: Date: Ref: Kelsey Ward Thomas White October 22, 2003 TeleStaff Sole Source Information Overview The Collier County EMS Department would like to purchase a TeleStaff Computer System. This technology in the form of software and hardware will more effectively manage the issues associated with staffing and contacting employees. This technology will provide payroll and management reports. In addition, legislated details in the department such as certification expirations will also be maintained in this system and tracked to meet departmental needs. This system will work with our department's ~vork rules and union contact to insure policies are followed and human error is eliminated. Current Situation Today staffing decisions and the tracking of work hours for the EMS Department is being performed manually on paper hardcopy. These documents are then faxed between the three divisions, the training center and our EMS headquarters. Battalion Chiefs schedule EMS personnel based on schedule vacancies and work rules such as the bargaining union contract. Schedule placement for 44 personnel must be maintained daily, which requires phone calls to fill any openings due to illness and other unforeseen vacancies along with routine schedule vacancies due to vacation etc. This is a labor-intensive and time-consuming practice. In addition, the current staffing procedure is prone to human error and lacks managements reporting tools such as payroll reports, etc. Goal and Objective To provide staff scheduling and EMS system management through an automated computer system that would: · Reduce time spent by Battalion Chiefs in administrative functions. · Eliminate daily morning telephone conferences and faxing of work schedules. · Reduce the existing cost in personnel and resources by optimizing the use of resources. · React immediately to vacancies and automatically identify and schedule replacement personnel. Automatically process vacation scheduling and assignments of relief personnel. · Facilitate leave requests and/or requests for additional work assignments. · Notify staff of schedule changes. · Automate notification to staff members in the event of disaster. · Provide access to calendaring system for employees and staff by phone or Internet access. · Manage schedules according to department work rules and the bargaining unit contract. · Give each employee access to their personal information though a department PC. · Manage a dynamic daily roster of all activities. · Generate direct staffing, payroll and management reports. · Show payroll, certification/license expiration, and work status information~ NOV 1 8 2003 TeleStaff Cost Justification Template Return on Investment (ROI) Calculator Note: This calculator is for estimation purposes only. PDSI makes no guarantee of financial savings using TeleStaff Section I. Current Situation Analysis Historically, TeleStaff substantially reduces the amount of time spent by staff in planning, preparing, and managing duty rosters and related exceptions. Use the following template to compute the current cost of these activities. Activity Battalion Chiefs Payroll Administrator Payroll CleFk Hrs/Day Cost/Hr Days/Year Annual Cost 3 $ 26.39 365 :~?: !':, :;~9/; 15 $ 13.69 26 39:: Total Current Cost to manage staffing Section II. Proposed TeleStaff System Cost Software License for Hardware Components Implementation Services 200 ]staff members 26,100 5,400 7,600 Total Initial Purchase Annual Maintenance Fee (beginning Year 2) Year 3 Maintenance Fee (assume 5% increase) 8,800 9t240 Investment in Year 1 Investment after 2 years Investment after 3 years Section III. Economic Analysis and ROI Estimated Times Savings (%) I 75°/° I System Cost Cost Savings Total Savings Year I Year 2 Year 3 Total Section IV. Summary of Analysis The department estimates that it can save 75% ~percent of the time it currently spends on staffing management and related activities using the TeleStaff software solution. Based on this estimate, it will take approximately 17 Imonths to recoup its investment. At the end of 3 years, the department will have saved potentially ~0~325~:I Summary There is a multitude of scheduling software solutions in the marketplace. Telestaff by PDSI Technologies is the only product to that meets all of the above conditions. This system is in use in more than 215 North American response agencies such as EMS, Fire and Law Enforcement departments. The staff at Collier County EMS has contacted all users {n the State of Florida and has determined that TeleStaff has aided these agencies in reducing the amount of time spent on daily staffing, report gathering and the notification of employees. None of the agencies contacted had problems with the TeleStaff system and all who replied were impressed with the service they had received. TeleStaff will also provide flexibility to staff in being able to remotely access their personal calendars and scheduling options. In addition, TeleStaff will monitor the expiration dates of any number of certifications in the EMS field, which will result in more effective tracking of employee training and re-certification. Further, TeleStaff will automatically notify all personnel simultaneously in the event of a major emergency or whenever deemed necessary. In addition to providing the capability listed above, implementing a comprehensive scheduling system by itself ~vill result in our ability to consistently, efficiently and effectively allocate EMS department resources. TeleStaff has the capability to generate detailed labor reports for operational analysis and therefore documentation for evaluating operations would be greatly improved. By accurately following established policies, labor issues regarding the scheduling of shifts will be minimized. In summary, TeleStaff will minimize time spent on scheduling and contacting employees while maximizing operations efficiency through the addition of management reports. PDSI is the only vendor that provides an automated staffing software program, designed for public health and safety industries, to place inbound and outbound phone calls without the need for human intervention. PDSI is the manufacturer and only distributor of TeleStaff. TW Agend~ NOV ! 8 EXECUTIVE SUMMARY APPROVE EXTENSION OF CONTRACT 02-3345 ANNUAL CONTRACT FOR UNDERGROUND UTILITY CONTRACTING SERVICES. OBJECTIVE: To extend the referenced Annual Contract for Underground Utility Contracting Services, Contract #02-3345, to ensure that the County has these services available on an as needed basis. CONSIDERATION: Contract 02-3345 was awarded by the Board on May 28, 2002, Agenda item 10R. The contract was extended for the six month period from May 28, 2003 through November 27, 2003 because Staff had determined that a new competitive solicitation would be in the best interests of the County. RFP 04-3535 was issued the week of November 3, 2003 and Staff requires time to complete the selection process. Staff is requesting BCC approval of a contract extension through February 29, 2004, or until a new contract is awarded, which ever is soon'er, in accordance with Purchasing Policy XIV, Contract Administration, Section D. FISCAL IMPACT: throughout the year. Funds are assigned and encumbered on an as-needed basis GROWTH MANAGEMENT IMPACT: There is no Grovcth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners approve the extension of Contract #02-3345 until February 29, 2004, or until a new contract is awarded, which ever is sooner. SUBMITTED BY: ~ ~ ~ ./9./~i Date: Lyh'M.Affoodl C.P.M'.,'Purchasing Agent REVIEWED BY: ~0~rl (/~, ~' Date: '[0-'5' -03 St~ph~n ~. Carne~', Purchasing/General Services Director APPROVED BY: _t~~ ~.~cc~ ~,~ Date: 1~ Len Golde~ Price, Administrative Services Administrator INOV 1 8 2003 EXECUTIVE SUMMARY APPROVE EXTENSION OF CONTRACT 02-3359 ANNUAL CONTRACT FOR TELEMETRY SERVICE. OBJECTIVE: To extend the referenced Annual Contract for Telemetry Services, Contract #02-3359, to ensure that the County has these services available on an as needed basis. CONSIDERATION: Contract 02-3359 was awarded by the Board on May 28, 2002, Agenda item 16(e)l 1. The contract was extended for the six month period from May 28, 2003 through November 27, 2003 because Staff had determined that a new competitive solicitation would be in the best interests of the County. RFP 04-3536 was issued on September 23, 2003 and thirteen proposals were received on October 24, 2003. At the Organizational Meeting held on October 27, 2003, the Selection Committee determined that they would like to see presentations by the proposers after a preliminary ranking. In order to have presentations and complete a final ranking, Staff is requesting BCC approval of a contract extension through February 29, 2004, or until a new contract is awarded, which ever is sooner, in accordance with Purchasing Policy XIV, Contract Administration, Section D. FISCAL IMPACT: throughout the year. Funds are assigned and encumbered on an as-needed basis GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners approve the extension of Contract #02-3359 until February 29, 2004, or until a new contract is awarded, which ever is sooner. - L~n M,/W_ood, C.P.M., Purchasing Agent Stephen Y. Camc~Vl, Purchasing/General Services Director APPROVED By: r7~9~ ~~~ Len Golc0n Price, Adm'inistrative Services Administrator EXECUTIVE SUMMARY REQUEST APPROVAL FROM THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE FUNDS FROM OPERATING BUDGETS FOR tlIGtl SPEED INTERNET SERVICE FOR SELECT MANAGEMENT STAFF WHO REQUIRE ACCESS TO COUNTY DATA RESOURCES FROM THEIR HOMES. OBJECTIVE: To request approval from the Board of County Commissioners to approve the reimbursement of a portion of the cost of high speed internet access from each department's funding source to provide access to the county's secure data systems for executive level staff or designee and elected officials. This request is for a limited number of authorized personnel and will only provide the differential between high speed and 56K dial up internet access. CONSIDERATION: 1. Nexv "work flow" applications and services have been implemented which require director and administrator input / approval. As more of the county's "work flows" go from paper to paperless, senior staff who currently process paper at home, need to be able to process secure on-line interactions as well. Three systems (SAP, Agency Issue Management-AIMS, and BCC Agenda Automation) will be on-line by the end of calendar 2003. 2. Due to rising computer and network security concerns, all county computers that require access to internal applications from remote locations are now required to run special security software called Virtual Private Network (VPN). VPN softxvare uses encryption to ensure proper authorization and secure access to the County's internal systems. Unfortunately, encryption slows down the communications process, rendering normal 56K dial up access impractical for secure remote access to internal applications. 3. The differential reimbursement will be set annually as ~art of the budget instructions by the budget office. The amount of the differential will be calculated by taking the prevailing average local market pricing of dial up intemet access from the top three local providers and subtracting that from the average of the prevailing local market pricing of high speed internet access from the top three local providers. 4. In order to control the number of staff eligible for this service, the County Manager's approval will be required for each staff request. FISCAL IMPACT: The average ISP monthly cost based on area providers of dial up access (MSN, AOL, and Earthlink) is $22.60. The average monthly cost based on area providers of high speed access (Comcast, TimeWamer and Sprint) is $46.95. C:\Documents and Settings\frye s\Local Settings\Temporary Internet Files\OLK43~200310 High Speed Acces Exe~'oG.. Executive Summary Approve High Speed Interact Service Page 2 For FY03, the monthly differential reimbursement for high speed intemet access is $24.35. RECOMMENDATION: That the Board of County Commissioners approves the request to provide funding for staff to utilize broadband capabilities to access county data resources by way of VPN SUBMITTED BY' Barry;~. ~}elroc(', Director lnfonnav tion Technology Date: REVIEWED BY: Date: APPROVED BY: Len G~den Price, Administrator Administrative Services NOV 8 too | Last saved by Collier County IT Depa~ment G:XDocuments and Se~in~sXf~e_sXLo~l Se~ingskTempora~ Internet FilesXOLK43200310 Hi~h Speed A~ess Exec Summ R] .d~ -2- EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 04-3574, APPRAISAL SERVICES FOR GAC LAND TRUST. (ESTMATED VALUE NOT TO EXCEED $5,000.00) OBJECTIVE: To award a Contract for Appraisal Services for the GAC Land Trust to be used by the Real Estate Services Department. CONSIDERATION: In 1983, Avatar Properties, Inc. donated 1,061 acres throughout Golden Gate Estates to Collier County with the understanding that the property or money generated from the sale thereof would be used for such things as recreation, utilities and community services benefiting the residents of the Estates. Before property can be sold it must be appraised by an independent real estate appraiser necessitating the need to contract with an appraiser specializing in the Estates. On September 22, 2003, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to sixteen (16) firms who provide these services. Only one firm responded with a bid, which was opened on October 8, 2003. A bid tabulation sheet is attached for your review. Staff has reviewed the bid and recommends award to The Appraisal Shoppe, Inc. FISCAL IMPACT: Cost of appraisals will be paid from GAC Land Trust Fund 605. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Bid No. 04- Service r GAC Land Trust to The Appraisal Shoppe, Inc. 3574 for Appraisal SUBMITTED BY: ~/~'~~- _ _ Date: Scott D. Johnson, Purchasing Agent Pur/~asing Depart);~ent REVIEWED BY: , [/1,A. "'- Date: II- Ch&ri~s E~ Ca~ring~'o~, J~'., SR/WA, Manager Real Estate Services - Facilities Management Department REVIEWED BY: APPROVED BY: 'S{ep~'(Cn Y. Ca'nell, Director Purchasing Department Administrative Services Division Date: E AG£NQA ITEI4. ~ No./~ -,~'~- '1 NOV ! 8 2003 EXECUTIVE SUMMARY AppROVE AND AUTHORIZE THE EXECUTION OF A PARTIAL RELEASE OF EASEMENT FOR A PORTION OF THAT CERTAIN TEMPORARY BEACH RESTORATION EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 2066, PAGES 917-920. THE TOTAL COST OF THIS REQUEST WILL NOT EXCEED $10.50. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida, approve and authorize execution of the attached Partial Release of Easement releasing the County's interest in and to a portion of the property included in a Temporary Beach Restoration Easement (TBRE) secured in June 1995 from Condor Properties, Inc. CONSIDERATIONS: The TBRE inadvertently encumbered other property of Condor Properties not required for the restoration project necessitating this request. The County will not be compensated for the release because responsibility for the error rests with the County, not Condor Properties. Public Utilities staff has approved this request. The County Attorney's office has reviewed and approved the Partial Release of Easement as to form. FISCAL IMPACT: The total cost to record the Easement will be $10.50 and will be paid from the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: Staff is recommending that the Board of County Commissioners: Approve the attached Partial Release of Easement; and Authorize Chairman Henning to execute the Partial Release of Easement; and Authorize staff to record the Partial Release of Easement in the Public Records of Collier County, Florida. Tgerk~. l~10tt, SlJ:pervisor -- . r!~ai]Eshate ~rpil:es - Facilitii~s Ma~tagement Department REVIEWED BY: L;~/~ ~e s~E )a !r~n~n,~j (,)~jW~, M a n a ge r DATE: t [/~ ]0..~ Real~ta.t~ ~er;ices -b~FJJ0ities Management Department Ron Hovell, Principal Project Manager Public Utilities Engineering Department REVIEWED BY: APPROVED BY: Facilities Management Dep~tr~ment. Len Golde~Price, Administrator Administrative Services Division lAGENOA ITI[H_....-- .o./6 NOV 1 8 2003 PO._ fF PARTIAL RELEASE OF EASEMENT THIS PARTIAL RELEASE OF EASEMENT is made this day of , 2003 by Collier County, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County is the holder of 1hat cedain Temporary Beach Restoration Easement. by and between Condor Propedies, Inc., a Corporation formed under the Laws of the Republic of Panama and Collier County, a political subdivision of the State of Florida and recorded on June 6, 1995 in Official Records Book 2066, Pages 917 - 920 of the Public Records of Collier County, Florida (hereinafter referred to as "Easement"), encumbering the premises legally described therein. WHEREAS, County has discovered that certain parcels contained in the Easement were inadvertently encumbered and are not required for the Beach Restoration Project and therefore County is agreeable to releasing said parcels as legally described in Exhibit "A" attached hereto and incorporated herein by vidue of this reference. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County does hereby release the parcels described in Exhibit "A" from the Easement, provided however said Easement shall remain in full force and effect except as to the released parcels. IN WITNESS WHEREOF County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: TOM HENNING, Chairman I T E,~,~ 2003 EXItlBIT "A" Parcel 9 Lot 30, Block 48, Naples Park, Unit 4, according to plat m Plat Book 3, Page 7, Public Records of Collier County, Florida. Parcel I0 Lot 10, Block 2, Ridge Lakes according to plat recorded in Plat Book 3. Page 23, Public Records of Collier County, Florida: LESS THE FOLLOWING: Beginning at the Northwest comer' of Lot 10, Block 2, of Ridge Lakes, according to plat thereof as recorded in Plat Book 3, Page 23, Collier County Public Records, Collier County, Florida; thence along the Noah line of said Lot 10 due East 210.06 feet to the Northeast corner of said Lot 10; thence along the platled East line of said Lot 10, South 22°00'00' West 17.0 feet; thence South 88059'50'' West 211.27 feet to the West line of said Lot 10; thence along the West line of said Lot 10, Northerly 20.00 feet along the arc of a non-tangential circular- curve concave to the East, radius 325.0 feet, subtended by a chord which bears North 13°11'20" East 19.99 feet to the Place of Beginning. Parcel 11 The Easterly 3-1/2 feet of Lot 22, all of Lots 23 and 24. and the Westerly 6-2/3 feet of vacated Second Street adjacent to Lot 24, Block 21, Tier 2, Plan of Naples, according to plat recorded in Plat Book 1, Page 8, Public Records of Collier County, Florida. Parcel 13 Lot 1 i, Block 3, Park Shore. Unit 1, according to the plat in Plat Book 8, Pages 43 and 44, Public Records of Collier Count>', Florida. Parcel 14 Lot 24, Block 19, Park Shore Unit No. 3, according to plat thereof as recorded in Plat Book 8, Pages 59 and 60, Public Records of Collier County, Florida. Parcel 15 Lot 22, Block 9, Royal Harbor Unit No. 2, according to the plat thereof recorded in Plat Book 3, Page 69, of the current Public Records of Collier County, Florida. Parcel 16 Lot 12, Block 12, Royal Harbor, Unit One, according to the plat thereof, as recorded in Plat Book 3, Page 56, Public records of Collier County, Florida. AGE I'~OA ITEP4 ~ NOV 1 8 2003 PgL_ ~ EXECUTIVE SUMMARY RECOMMENDATION TO AWARD RFP NO. 03-3555, BI-WEEKLY 30-MINUTE NEWS MAGAZINE TELEVISION SHOW (ESTMATED VALUE $60,000.00) OBJECTIVE: To award a contract for Bi-Weekly 30-Minute News Magazine Show, to be broadcast by the Communication and Customer Relations Department on county government television. CONSIDERATION: The Department of Communication and Customer Relations is responsible for the brOadcast of government television. This show will be used to broadcast Collier County Government news, feature stories and upcoming events. On July 24, 2003, formal request for proposals were posted in the lobby of the Purchasing Building and distributed to twenty-two (22) firms that provide these services. On August 22, 2003, proposals from two (2) firms were received. A Selection Committee meeting was held on September 30, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, The Naples Studio was considered best qualified to provide these services to the county. FISCAL IMPACT: The cost of the contract is not to exceed $60,000.00 for twenty-two (22) shows. Funds have been appropriated in the Communication and Customer Relations operating budget for this program. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award RFP No. 03-3555 for Bi-Weekly 30-Minute News~gazine Show to The Naples Studio, and authorize the chairman to sign the standard Co~orn~.~roved contract. SUBMITTED BY: /~,f~or t..~'~ ~ Date: /~7- E.r-/-c~.~ REVIEWED BY: REVIEWED BY: APPROVED BY: "~cott D. Johnson, Purchasing Agent Purc~~°g Departrn~~/~ ~ Date De~bo~r~~~~a~~~l County Manager: Office of the C ~rty g elV, Director Purchasing Department f~ ~~~~ '~"]~ Date: Len GoldefiJPrice, Administrator Administrative Services Division I NOV z003 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 03-3563, COMMUNICATIONS SERVICES. (ESTMATED VALUE $50,000.00) OBJECTIVE: To award a Contract for communications services to be used for the repair, maintenance and new installation of general communications equipment. CONSIDERATION: The Department of Information Technology (IT) is responsible for the maintenance and repair of County telephone systems, and network computer connections. Outside contractors are used by IT and other Departments to provide coxnpetitive and timely work associated with communications repairs and new installations. On August 18, 2003, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to 37 firms who provide these services. On September 24, 2003, bids from five (5) firms were opened. A bid tabulation sheet is attached for review. Staff has reviewed the bids and recommends award to Aztek Communications and Kent Technologies as primary, and secondary vendors. FISCAL IMPACT: Funds are budgeted in various Departments operating and capital cost centers. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of Count)' Commissioners award Bid No. 03-3563 for Communications Services to: A~ Communications and Kent Technologies as primary and secondary vendors. /./ Scott D. Johnson, Purchasing Agent Purchasing Department REVIEWED BY: ~?'~/'~ ~,/"~ Date: Informatibff Technology Department REVIEWED BY: ~ ~" ~"~" Date: Stephen Y. Camell, Lrrrector Purchasing/General Services APPROVED BY: t~~.~ ~ Date: Len Golden 0rice, Administrator Administrative Services Division / AGEI'~A o m ~ o c5 >- Z o ~ - 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0~ 0 ~ 0 0 0 0 0 0 0 0 ~ o ~ o ~io o ~ ~ o o o o o o > Z ~ 0 0 0 0 0 0 0 0 ~ 0 0 0 0 ~0 0 ~ 0 0 0 0 0 0 ~ 0 ~ ~ 0 0 0 0 0 0 ~ 0 ~ 0 ~ ~ ~ ~ ~ ~ 0 0 ~ 0 ~ ~ ~o oo oo o ~ ~ o ~ ~ ~ ~ ~ = ~ o ~ == == ~ o o = o o _ _ _ ~ o 0 0 ~ ~ ~ ~ ~ ~ g = o o o o o oo oo ~ ~ o o m m ~ m m ~ ~ o ~gg~ ==o og ~ .-- ~ ~ ,-- _ = ~ Y ~ > .- = ~ .E ~ ~ o ~ ~ 0 · - c ~ ~ ~ ~ ~._ '~ ~ ~ c c ~ > o ~ ~ c o .- ~ ~ ~ o ~ o ~ o = ~ ~ ~ .c ~ E o m ~ 2 ~ ~ ~ ~ .~ ~ E ~ ~ 'E ~ ~ ~ <= E o o o o ~ ~ ~ ~ ~ ~ ~ ~ ~ EXEC[ TIVE SUMMARY RECOMMENDATION TO APPROVE CIGNA DENTAL PLAN AS THE PROVIDER OF GROUP DENTAL INSURANCE COVERAGE OBJECTIVE: To approve CIGNA Dental Plan as the provider of group dental insurance coverage in order to provide a competitive group dental insurance program to eligible employees. CONSIDERATIONS: In January 2001, the Board of Commissioners implemented a group dental insurance program as part of the overall group insurance program offered to eligible employees. The program is an indemnity program that allows employees the freedom to go to the dental provider of their choosing. The current plan provides two options to employees, the Basic Option and the Select Option. Both options provide preventive care at 100% coverage, however, the Select Option provides a broader level of coverage for restorative procedures and a higher calendar year maximum coverage limit. Employees who choose the Select Option pay the additional cost to purchase this broadened coverage. The program is administered through the County's third party claims administrator, CBSA. The program has been well received by employees with few problems. The only significant issue that has arisen involves the problem of "balance billing" by dentists who do not accept the Usual, Customary and Reasonable fee schedule paid by the plan. In an effort to provide the best and most cost effective benefits to our employees RM sought alternatives to the current dental benefit plan. Staff, through the County's contracted Broker, Willis, sought proposals from dental insurance carriers to provide alternatives for consideration. Staff also received an updated actuarial analysis of the current program to assure a valid comparison. Four proposals were received and analyzed by Risk Management staff and our consultant (details of the proposals can be found in Proposal Description). CIGNA's fully insured option offered increased benefits including orthodontic discounts and broadened coverage if their network providers are utilized at a significant savings to the County. The significant coverage issues relative to each proposal are as follows: 1) The MetLife, CIGNA and Delta plans offer network dentists who have agreed to accept contracted fees. If employees use these dentists, there is no balance billing for services provided. However, employees can continue to use their current dentist and are not required to switch to a network dentist but would be subject to "balance billing" if they did not use a network dentist. 2) The MetLife and CIGNA fully insured programs are guaranteed cost programs. Staff also requested 2 year rate guarantees and received guarantees not to exceed a 9% increase in year two. This is commensurate with assumptions used in the current plan. 3) CIGNA Dental offered orthodontia coverage with a $1,000 maximum lifetime benefit for an additional 9.75% premium or $125,531. Alternatively, they also offer a 20% discount through participating orthodontists on the plan. Staff does not recommend that the County pay the additional premium due to the significant cost with limited benefit. Instead, staff recommends that if CIGNA is chosen that employees utilize already negotiated discounts and establish flexible spending accounts to fund orthodontia expenses. 4) The CIGNA proposal offered the greatest premium savings. The CIGNA plan is $181,378 below the estimated cost of the current plan. 5) Staff completed reference calls on current clients of CIGNA Dental and the references rated their service as excellent in the areas of customer service and claims payment. Staff recommends that the Board approve the purchase of the CIGNA Dental plan proposal due to its cost savings; the ability to meet or exceed current coverage offered; the ability to avoid the problem of balance billing to employees if participating dentists are used; and due to the ability to offer an orthodontia discount not currently available. The effective date for coverage to begin would be January 1,2004. FISCAL IMPACT: The CIGNA Dental proposal presents a savings of $181,378 based upon current enrollment when compared to the current plan. It is recommended that these savings be reflected in the rates charged to participating employees, departments and agencies beginning with the January 1,2004 billing. GROVVTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board approve the purchase of the CIGNA Dental plan effective January 1, 2004, authorizing staff to prepare those forms, applications or other documentation necessary to commence coverage. SUBMITTED BY:~.-,~? ' - Date: /~,/~ ,J~ff~/a~er, CPCU, ARM Director, Risk Management REV i EWE D By~~b-~/~ ~..~.., Date: Len (~lden Price, Administrative Services Administrator l A G£11DA ITEl4 ~ .o.~_-__0 NOV 1 200 1 Dental Proposal Description Coverage Current Met Life CIGNA Met Life Delta Self Plan Fully Fully Self Funded Insured Insured Funded Basic Plan: Annual Deductible $50 per Same Same Same Same person; $150 )er Family Preventive 100%; no Same Same Same Same (Cleanings; X- deductible rays) Basic Care 50% after Same Same Same Same deductible Major Restorative 50% after Same Same Same Same deductible Calendar year $1000 Same Same Same Same Maximum Select Plan: Annual Deductible $50 per Same Same Same Same ~erson; $150 ~er Family Preventive 100%; no Same Same Same Same (Cleanings; X- deductible rays) Basic Care 80% after Same Same Same Same deductible Major Restorative 80% after Same Same Same Same deductible Calendar year $2000 Same Same Same Same Maximum Orthodontia Not Covered 20% Discount 20% Discount 20% Discount 20% Discount @ @ Participating @ Participating @ Participating Participating Provider Provider Provider Provider Usu.al, Customary 95th 90th 95th 90th 90th Reasonable Percentile Balance Billing by Yes Yes if outside Yes if outside Yes if outside Yes if outside Provider network; No if network; No if network; No if network; No if in in network in network in network network Network Dentists: Within 10 Miles of NA 18 31 18 16 Naples Within 10 Miles of NA 43 51 43 45 Ft. Myers Estimated Annual Cost $1,468,882 $1,313,769 $1,287,504 $1,355,638 $1,390,342 Cost Difference NA $151,113 $181,378 $113,244 $78,540 Compared to Current Plan Dental Proposal Description Coverage Current Met Life CIGNA Met Life Delta Self Plan Fully Fully Self Funded Insured Insured Funded Basic Plan: Annual Deductible $50 per Same Same Same Same person; $150 per Family Preventive 100%; no Same Same Same Same (Cleanings; X- deductible rays) Basic Care 50% after Same Same Same Same deductible Major Restorative 50% after Same Same Same Same deductible Calendar year $1000 Same Same Same Same Maximum Select Plan: Annual Deductible $50 per Same Same Same Same person; $150 per Family Preventive 100%; no Same Same Same Same (Cleanings; X- deductible rays) Basic Care 80% after Same Same Same Same deductible Major Restorative 80% after Same Same Same Same deductible Calendar year $2000 Same Same Same Same Maximum Orthodontia Not Covered 20% Discount 20% Discount 20% Discount 20% Discount @ @ Participating @ Participating @ Participating Participating Provider Provider Provider Provider Usual, Customary 95th. 90th 95th 90th 90th Reasonable Percentile Balance Billing by Yes Yes if outside Yes if outside Yes if outside Yes if outside Provider network; No if network; No if network; No if network; No if in m network in network m network network Network Dentists: Within 10 Miles of NA 18 31 18 16 Naples Within 10 Miles of NA 43 51 43 45 Ft. Myers Estimated Annual Cost $1,468,882 $1,313,769 $1,287,504 $1,355,638 $1,390,342 Cost Difference NA $151,113 $181,378 $113,244 $78,540 Compared to Current Plan EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE CERTAIN COUNTY-OWNED PROPERTY AS SURPLUS AND AUTHORIZE A SALE OF THE SURPLUS PROPERTY ON DECEMBER 13, 2003. SUBMITTED BY: OBJECTIVE: To authorize the sale and disposal of all surplus County-owned assets at the next surplus auction, which is sCheduled for Saturday, December 13, 2003. CONSIDERATION: Pursuant to the Purchasing Policy, attached is an itemized list of surplus property that has been transferred to the Purchasing Department. The Board of County Commissioners has approximately six hundred and fifty (650) items that will be auctioned, of which there are several pieces of computer equipment, typewriters, furniture, miscellaneous steelcase, fan based odor control system, generator, etc. The County is currently under contract with a full-service auctioneer, First Coast Auction & Realty, Inc., to provide comprehensive auctioneer services to include preparation for the event, sale and disposal of all surplus County-owned assets. This sale will be conducted pursuant to Section 274.06, Florida Statute. The items on the attached list are being offered for transfer to other departments prior to auction. In an effort to dispose of additional surplus items received by the Purchasing Department prior to the December 13, 2003 auction date, staff is requesting permission to dispose of additional non-asset surplus items that may be received subsequent to the preparation of this Executive Summary at the December auction. All items sold and their realized values will be reported in a follow-up Executive Summary. FISCAL IMPACT: The net revenue will be credited to the appropriate funds. GROVVTH MANAGEMENT IMPACT: This will not effect the growth management impact. RECOMMENDATION: That the Board of County Commissioners authorize the sale and disposal of all surplus CountY-owned_., items as per the attached list on December 13, 2003. REVIEWED BY: APPROVED BY: Sue Hebbe, Purchasing Technician Purchasing/General Services Len Pric~, Administrator Administrative Services Division Date: Date: GENOA I TE M~.,~ N 0V ! 8 2003 f"/) C: I:::C: C:: ~ O~ 0 ~.,. ~) ,<rz UJ .... .<<<< '" "' '" '" ~ ,:, ~- ~ ,o~,o oooooooo ....... ooo ~ > x x x x x - = = ' '- = ~ = ~ NOV 182003 ~ o° = = ~~8~a~o~8- ~ ~ gL ~___ 8 ooooo o~o o.~.~ .... ~ ~ 0 000000000iO 0:000000000000 ~ ~ ~ ~ ~ ~ ,~ ~~00 0~00 ~ ~,~~i~oo~ioooooooo~oo oooo o~ - ~0~0000000: ~0 ~0 ~~~~~ ooooooo ~~ ~ ~ ~mm~oooo°°° 88g~~ ....... ~'~~ ~,~ o~ NO~ ! 8 2003 o ~ XXX 0 .~.~.~.~,~.~.~.~.~.~.~.~.~.~.~.~ 1~ 0000000000000000~~~~ ~ °o =~oooooooooooooooooooooooooooooooooo NO¥ ! 8 2~3 P~. ~ AGENDA NO, NOV 1 8 200t Pg' AGENDA ITEm ~-~ 0V 1 8 2B~3 Pg- ~ NOV 1 8 2003 l A GE I',&OA I~T~ N0V 1 B 2O03 8888888888888888, o NOV 1 8 2003 NOV 1 8 2003 i Pg"~, AGENOA*'~ Nov I 8 P~-~ _~ Nov 1 8 2003 pg. /~* No. /&-6'- ~ NOV 1 8 2003 AGEI~A ITEM,& ~o.//~-~ ~,~/ Pg':"/~_ AGENOA IT' NOV 1 8 2 Pg,~ NOV 1 8 2003 P~,_.~.~ NOV I 8 2003 Po. _?,-9- ¢ ( C~ AGE~tOA ITEM~-= NOV 1 8 2003 n NOV 1 8 200 EXECUTIVE SUMMARY REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts of 10 percent or less to continue to be authorized by staff. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Orders Report. This report covers period beginning on or about October 1, 2003 through October 31,2003. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders. L~/a L. Jackson,t,,C'~ntracts Agent ISt~phen Y. C~nell, PurchaSing/Genera Services Director Len Gold(~ Price, Administrative Services Administrator u,mO E 0 0 0 Z Z 0 0 0 0 0 0 Z ce) 0 0 0 NOV 1 8 21)03 ~. / _ Itl E o 0 0 0 AGENDA ITE~ .-~t NOV 1 8 P~. ,,~ <1o Z Z'- U.~- o 0 0 0 > 0 Z 0 0 ~ 0 ._~ ._ AGENDA I TI~R~ NOV 1 8 20~ Pg. ~_ ~ Z~ Z o h~3 ,el' c~ E 0 0 0 Z o 0 o o U ~ c- 0 > o L,.) "lC) ~- LD 0 c- r~ 0 0 0 Ci 0 C: 0 r' .C c' © NOV 1 8 200~] PROJECT NAME: BID/RFP #: 02-3364 NAME OF FIRM: Bonness, Inc CONTRACT AMOUNT: ORIGINAL $ CURRENT COMPLETION DATE (S): ORIGINAL: October 23. 2003 CONTRACT MODIFICATION CHECKLIST FORM Livinastcn Road Phase 4 PROJECT #: ~..-,u~"~'" ~ MODIFICATION #: C.O, # 8 6,008,52 I,. 88 CURRENTS 6.283,81961 CURRENT: November t2. 2003 (1-8) Increased Plan Quantities and/or added Quantities due to SUMMARY OF PROPOSED CHANGE (S): Odcjinat Quantities being Insufficient to complete the proiect. (9-10) Were created to ccmpensate for extra work. (I 1-12) Were Deducted from,, appropriate contingency funds. JUSTIFICATION FOR CHANGE (S): Proc, csed plan quantities are not adequate to complete the work Specified. Therefore the additional quantities were added on Chanqe Order No. 8 as listed. PARTIES CONTACTED REGARDING THE CHANGE: Lynn Thorpe P.E.- Principle Project Manager, Eddie Martin-TECM Fietd Project Manaaer, Dale Bathon P.E. P,'inciple Project Manager. Scott Gordon-HDR Proiect Engineer, Wait Gilcher P.E.-Hofe Montes Phil Cross-HDR Office Engineer IMF _EMENTATION STEPS (Check each before proceeding with change) Proposed change is consistent with the scope of the existing agreement Proposed change is not included in the existing scope Change is being implemented in a manner consistent with the existing agreement Proposed prices, fees and/or costs set forth in the change are reasonable The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDA,TIQN: APPROVE: DaM: DISAPPROVE: Date: COMMENTS: h Forms/County Forms/Purchasing Forms/Check List 4/12/03 AGENDA 0 V 1 Pg._ ~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: PROJECT #: BID/RFP #: NAME OF FIRM: NCWRF Flow Equalization Facilities 73077 02-3374 MODIFICATION #: 01-01 Mitchell & Stark Construction CONTRACT AMOUNT: ORIGINAL: $6, t61,000.00 CURRENT: $6~175.382 48 CURRENT COMPLETION DATE(S): PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 11/15/03 ORIGINAL: 2/18/04 CURRENT:" .... CURRENT: 2/18/04 SUMMARY OF PROPOSED CHANGE(S): Materials and labor to install additional fill mater;al to raise base elevation of proposed Flow Equalization Tanks Nos. 1 and 2 from elevation 700 feet to elevation 7,50 feet. JUSTIFICATION FOR CHANGE(S): Construction of these prestressed concrete storage tanks requires a 15 foot wide perimeter access road for use by the tank constructor to install prestressing wire and shotcrete for the tank walls. Based on a proposed tank floor elevation of e,_va¢on 6.67 feet (i.e. - 4 inches below 7.00 feet, the access road was also required at grade '¢ " proposed slab elevation) After the area was excavated, underground electrical and instrumentation ductbanks were found within the required 15' perimeter road area at elevations at elevation 7.00 feet. To avoid conflict beb, veen the existing ductbanks and the required tank construction access roads, the tank floor elevation was raised to 7.50 feet. This allowed a tank access road at elevation 7.17', thereby avoiding interference from the existing ductbanks Elevations of these ductbanks had been confirmed during design at the access manhotes to be lower than 6.5 feet. Only after the area was completely excavated was it discovered t~at the previous contractor that installed the ductbanks had raised the ductbank elevations to 700 feet between access manholes. Change in tank floor elevation was required because the actual elevation of the conflicting ductbank differed from that investigated during the design phase of this project. The Con[rector s cost proposal was reviewed by the Engineer and found to be fair a.~d reasonable. PARTIES CONTACTED REGARDING THE CHANGE: Proiect Delivery Team (ie - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IMPLEMENTATION STEPS (Check each before proceeding with change) I/Proposed change is consistent with the scope of the existing agreement ~_ Proposed change is not included in the existing scope _L~Change is being implemented in a manner consistent with the existing agreement ?_~,Proposed prices, fees and/or costs set forth in the change are reasonable ~/The appropriate parties have been consulted regarding the change ~,~;onsutting Engineer has verified the change, proposal and pricing and has determined them to be fair and reasonable, CDC-M&S-C01-! Page 1 of 2 AGENOA XTEMo.-'~ Co/tier NCWRF Flow Equal/=ation Fac#it/es Contract Modification Checkfist Form,.. C.O. 01-0! Page 2 of 2 CONSULTING ENGINEER RECOMMENDATION: R E CO M M E N D :~~,.....,~~' DO NOT RECOMMEND: PROJECT MANAGER RECOMMENDATION: RECOMMEND ~ ~'~ C~,..47~ ~ DO NOT RECOMMEND: COMMENTS: Date' Date: Date: 1: Forms/County Forms/Purchasing Forms/Check List 4/12,'03 Page 2 of 2 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: PROJECT #: BID/RFP #: NAME OF FIRM: NCWRF Flow Equalization Facilities 73077 02-3374 MODIFICATION #: 01-02 Mitchell & Stark Construction CONTRACT AMOUNT: ORIGINAL: $6.15t.000 00 CURRENT: 56,178.832 48 CURRENT COMPLETION DATE(S): PROJECT SUBSTANTIAL: ORIGINAL: 11f15/03 CURRENT: 11/15/03 PROJECT FINAL: ORIGINAL: 2/18/04 CURRENT: 2.,'18,:04 SUMMARY OF PROPOSED CHANGE(S): Labor to expose, remove, rotate (!80 degrees) and re-install the operator for an existing buried 18-inch plug valve on the Aeration Basin No 1 infiuent tine from the Pretreatment Building. JUSTIFICATION FOR CHANGE(S): As originally installed, the operator was in direct conflict with construction of the foundation slab for the Pretreatment Diversion Box. The Pretreatment Diversion Box is being constructed under this project to divert excess influent flow to the proposed Flow Equalization Tanks Nos. I and 2 The actual orientation of the valve operator was not detailed on the Contract Drawings and it was not known dntil the area was excavated that the ~omh...t existed Had the conflict been identified on the Contract Documents, the lump sum bid wcu~d have been higher to account for this required work. There was no rework performed by the Con:ractor. The Contractor's cost proposal was reviewed by the Engineer and found to be fair and reasonable PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IM~PL~EMENT~A~I~O~ STEPS (Cheo,,k ea~ch before proceeding with change) · /' Pr,.,posed c,,a,,ye is consistent with ihe scope of the existing agreement _~ Proposed change ~s not included in the existing scope ~/Chan~e is being ~mptemented in a manner consistent with the existing agreernent -~ PropOsed prices, fees and/or costs set forth in the change are reasonable -~¥he appropriate parties have been consulted regarding the change ~,~onsuiting Engineer has verified the change, proposal and pricing and has determined them to be fair and reasonable. CONSULTINGp, ECOM M E N D: I~"4~ ~"~ENGINEER R EC~,,,~AT ION: DO NOT RECOMMEND: Date: PROJECT MANAGER RECOMMENDATION: DO NOT RECOMMEND: Date: Date: COMMENTS: Forms;County Forms;Purchasing Forms/Check List 4/!2:¢03 Page 1 of ? CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: PROJECT #: BID/RFP #: NAME OF FIRM: NCWRF Flow Equalization Faciiities 73077 02-3374 MODIFICATION #: 01-03 Mitche!i & Stark Construction CONTRACT AMOUNT: ORIGINAL: S6,161,000 00 CURRENT: S$,188.385,37 CURRENT COMPLETION DATE(S): PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 11/15/03 ORIGINAL: 2/18/04 CURRENT: 11/15/03 CURRENT: 2/t8/04 SUMMARY OF PROPOSED CHANGE(S): Materials and ~abor to revise the discharge piping configuration at each of the eight pumps in EQ Pump Stations Nos. 1 and 2, as follows: (1) Delete the !4' x!0" reducing elbow on each pump discharge and install in its place a 10" base elbow and a ~4"x i0" straight reducer: and (2) Insta!l a concrete pipe suppod under each 10" discharge base elbow at each pump. JUSTIFICATION FOR CHANGE(S): The base elbow supporl at each pump discharge required to prevent the weight of the discharge piping from causing stress on each pump discharge fitting, The change in pipe fittings was required to coordinate with the base elbow pipe su2po~s The base eibow support was inadvertently omided from the Contract drawings and 'esCted in no rework by the Contractor. The Contractor's cost proposaI was reviewed by the Engineer and ',-,' be and ,~und to fair reasonable. PARTIES CONTACTED REGARDING THE CHANGE: PrOject Deiivery Team (i e. - NCWRF Plant Staff. County Project Manager. Engineer, Contractor} IMPLEMENTATION STEPS (Check each before proceeding with change) ~ Prooosed chanae is consistent with the scope of the existina agreement .~ Proposed change is not included in the existing scope ~ Change is being implemented in a manner consistent with the existing agreement ~' Proposed prices, fees a~c~or ~os~s set foAh in the change are reasonable .__~The appropriate "' ""~ ,~a, ,~s have ~,¢¢-n consulted regarding the change .~onsulting Engineer has verified the change proposal and pricing and has determined them to :e fair and reasonable. CONSULTING ENGINEER REC~,~ENDATION: RECOMMEND: ~.a, ~ ~ ~- ,, DO NOT RECOMMEND: Date: Date: PROJECT MANAGE~.?ECOM yENDATtON: Date: DO NOT RECOMMEND: Date: COMMENTS: t Forms/County ........... ~-orm~;,.-'u~ ~.h¢..~,, '9 Forms;Check List 4/!2~03 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Flow Eq~aiization Faciiities PROJECT #: 73077 BID/RFP #: 02-3374 MODIFICATION #: 01-04 NAME OF FIRM: Mitche!l & Stark Construction CONTRACT AMOUNT: ORIGINAL: $6,161.03000 CURRENT: $6,218.586 02 CURRENT COMPLETION DATE(S): , -/,',. PROJECT SUBSTANTIAL: ORIGINAL: 11/1~.,.~3 CURRENT: 11/15/03 PROJECT FINAL: ORIGINAL: 2,"18/04 CURRENT: 2/18/04 SUMMARY OF PROPOSED CHANGE(S): Materials and labor to permanently relocate approximate!y 36 lineal feet of existing concrete-encased instrumentation ductbank. Also included in this item is the temporary relocation of instrumentation wiring within this ductbank to p,a~,,s SCADA system during the main:ain .:he transmission of related control signals to the .' ~* permanent ductbank relocation. JUSTIFICATION FOR CHANGE(S): The actua! location of the ductbank differed from that showr~ on availabie record drawings and conflic;ed with proposed construction of walls for EQ Pump Station No. 2. The relocation of the ductbank was required to complete construction of EQ Pump S,¢don No. 2. The Contractor's cost proposal was reviewed by ~h~ Engineer and found be fair and reasonable. PARTIES CONTACTED REGARDING THE CHANGE: Pro~ect Delivery Team (ie - NCWRF Pia~t Staff. County Project Manager, E~gmeer cu ....... ,¢,, IMPLEMENTATION STEPS (Check each before proceeding with change) ~Proposed change is consistent with the scope of the existing agreement ~Proposed change is not included in the ex~st~n9 scope ~Change is being implemented ;n a mam-,er consistent with the existing agreement _Proposed prices, fees and/or costs set fo~h m the change are reasonabie ~The appropriate paAies have been consuited regarding the change ~onsultin9 Engineer has ve, lf.~¢ the change, proposal and pricing and has a=*¢, ' ~* be fair and reasonable DO NOT RECOMMEND: Date: Date: PROJECT MANAGER RECOMMENDATION: DO NOT RECOMMEND: Date: Date: COMMENTS: t: Forms/County Forms/Purchasing Forms/Check Lst 4/12/03 Pa~e ? of ~ N ov 1 8 7.003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: PROJECT #: BID/RFP #: NAME OF FIRM: NCWRF Flow Equalization Faciiibes 73077 02-3374 MODIFICATION #: 01-05 Miicheli & Stark Construction CONTRACT AMOUNT: ORIGINAL: $5161 00000 CURRENT: C' "4 ,.,o ,:: 8 58602 CURRENT COMPLETION DATE(S): PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 1i/15/03 ORIGINAL: 2/I 8/04 CURRENT: 2/4/04 CURRENT: 5/11" ~.,.~,h of which were beyond SUMMARY OF PROPOSED CHANGE(S): The following two items. ~'-'* , the Contractor's control and are considered Owner ~"'~*' ~ ' ~ ..... ~a,ea changes, delayed th,~ critical path of the Contractor's CPM schedule Clerk of Courts Non-Payment Issue: The Clerk of Courts withheld the Contractors progress payments while they investigated whether or not the bidding and award of this construction contract was.performed in accordance ~..::, ,':'~' Florida Statutes Ductbank Conflict: The Contractor was required to relocate an existing instrumentation ductbank in conflict with the walls of proposed EQ Pump Stabon No 2 (reference Item 4 of this Change Order for more details) This additional construction act::vity delayed construction of EQ Pumps Station No. 2. JUSTIFICATION FOR CHANGE(S): In accordance w~th Specification Section 0~339 1.03N 'Owner snitiated changes that impact'the cnticat path on the (schedule's) network diagram shaft be the sole grounds for extending completion dates ' in accordance w~th Ssecification Secbon 01300, 1.03N, the Contractor has submitted a change ~mpact schedule red,caring the effect of these changes on the detailed construction schedsie. The Engineer has reviewed me change impact schedu!e (effective June 30. 2003) and finds the amount of additional time requested to Se fair and reasonable. Additional contract time and revised comp orion dates agreed to as a result of the two impacts referenced above are detailed in Attachment A (Contract Time Summary) to this Change Order PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (ie - NCWRF Plant Staff County Project Manager, Engineer, Contractor) IMPLEMENTATION STEPS (Check each before proceeding with change) ~Proposed change is consistent with the scope of the existing agreement ~' Proposed change is not included in the existing scope ~ Change is being implemented in a manner consistent with ~h~ existing a~reement ~' Proposed prices, fees and/or costs set forth in the change are reasonable -~'The ~ ~ appropriate padies have been consulted regarding the change + ~ ~'~onsulting Engineer has verified the change, proposal and pricing and has determined ~h_m to be fair and reasonable. Collier' NCW,RF Fio',~' Equalization Facilities Contract Modihcation Checklist Form C.O 0!.5 Page 2 of 2 CONSULTING EN¢I,N,E:R RECOMMENDATION: RECOMr;.,1END: I"'"'"-- ~ ~ DO NOT RECOMMEND: PROJECT MANAGER RECOMMENDATION: DO NOT RECOMMEND COMMENTS: Date Date Date: Date t: Forms/County Forms/Purchasing Forms/Check List 4/t2,~03 Page 2 of 2 .o.~V NOV 1 8 2(3~:d CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: PROJECT #: BID/RFP #: NAME OF FIRM: NCWRF Flow Equalization Facilities 73077 02°3374 MODIFICATION #: 0!-06 Mitchell & Stark Construction CONTRACT AMOUNT: ORIGINAL: $6.16100000 CURRENT: $6.242 247 02 CURRENT COMPLETION DATE(S): PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 11/15/03 ORIGINAL: 2/18/04 CURRENT: CURRENT: 5/! !/04 SUMMARY OF PROPOSED CHANGE(S): Materials and labor to purchase and install analyzers to measure hydrogen sulfide in the inlet and outiet air streams of Odor Control Scrubber Umts Nos. 1 and 2. / JUSTIFICATION FOR CHANGE(S): The hydrogen sulfide analyzers are an enhancement,to the original design and are used to trend the performance of the scrubbers and monitor sc, ubber emissions In the event of odor compants from the surround ng community the trend data from the analyzers can be analyzed to determine whether odor complaints are related to performance of the Flow Equalization Facilities Odor Control System. The Engineer has reviewed the t~''' submitted costs and finds them to be fair and reasonable, V ~ d ~- PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i e - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IMPLEMENTATION STEPS (Check each before proceeding with change) __~Proposed change is consistent with the scope of the existing agreement _._~Proposed change is not included in the ex;sting scope ~'Change is being ,mp,~men,~d in a manner consistent with the exist:,na agreement , s~, forth in the change are reasonable ~' Proposed prices, fees and/or costs =' ~ T,~appropriate padies have been consulted regarding the change Consulting Engineer has verified the change, proposal and pricing and has a ..... m,n_d them to be fair and reasonable. CONSULTING ~TIC)N:E RECOMMEND: DO NOT RECOMMEND: Date: PROJECT MANAGER RECOMMENDATION: Date: DO NOT RECOMMEND: Date: COMMENTS: I: Forms/County Forms/Purchasing Forms/Check List 4112/03 C..,~-,,,&S-~O, 6 Page ? of I i AGE .N. DA ITEI~ o.~ 14 OV 1 8 2003 .0.¥¢ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Flow Equalization Facilities PROJECT #: /au ~, BID/RFP #: 02-3374 MODIFICATION #: 01-07 NAME OF FIRM: Mitchell & Stark Construction CONTRACT AMOUNT: ORIGINAL: $6,161.000.00 CURRENT: $6.256,363.28 CURRENT COMPLETION DATE(S): PROJECT SUBSTANTIAL: ORIGINAL: ! 1/15/03 CURRENT: 2/4/04 PRQJECT FINAL: ORIGINAL: 2/15/04 CURRENT: 5/i';/04 SUMMARY OF PROPOSED CHANGE(S): Materials and labor to purchase and insta!l two 42- inch diameter fiberglass dampers for the Odor Control System JUSTIFICATION FOR CHANGE(S): The dampers will be installed on the fiberglass odor control ductwork from the EQ Storage Tanks, at the intake to Exhaust Fans Nos. 1 and 2. Exhaust Fan No. 1 feeds Odor Scrubber No.l, and Exhaust Fan No. 2 feeds Odor Scrubber No 2. The exhaust ductwork to each fan is interconnected. In the event one EQ Storage Tank is out of se~wice, or if one odor scrubber is out of service, one of the two dampers can be closed to isolate the tank or scrubber out of service. The dampers were inadvertently omitted from the Contract Drawings. Had the dampers been included in the bidding documents, the cost included in this change order item would have been added to ,h~ bid amount at the time of bidding The Encineer has reviewed the proposed costs and finds them to be fair and reasonable, t,'AL.~, ~:~ ~L-~ ~ ~ PARTIES CONTACTED REGARDING THE CHANGE: Proiect Delivery Team (ie. - NCWRF ~g; T'-~ Plant Staff, Covnty Project Manager, Engineer. Contractor) IMPLEMENTATION STEPS (Check each before proceeding with change) ~ Proposed change is consistent with the scope of the existing agreement Proposed change is not included in the existing scope -- Change is being implemented in a manner consistent with the existing agreement Proposed prices, fees and/or costs set forth in the change are reasonable --- The appropriate parties, have been consulted regarding ',he change _.--_~Consulting Engineer has verified the change, proposal and pricing and has determined them to be fair and reasonable. CONSULTING ENGINEER R,~_MENDATION: DO NOT RECOMMEND: Date: Date: PROJECT MANAGER RECOMMENDATION: RECOMMEND: ¢' ~~ DO NOT RECOMMEND: Date: Date: COMMENTS: NOV 1 8 I: Forms/County Forms/Purchasing Forms/Check List 4/!2/03 CDC-M&S-CO1-7 Page ? of ¢ CONTRACT MODIFICATION C,HECKLIST FORM PROJECT NAME: ,./?Z~.,~' ~J~ x'Cc'~ -~./~c '~-//'/'~:~. ~;;~='~ROJECT #: .~'/~ BID/RFP ~: ~/ MOD ~; '~ AMOUNT OF THIS CHANGE $ CONTACT AMOUNT: O~GINAL $~.~ ~' ~L~ CURRENT $ ,.~)~' ~J, Last BCC App~v~ Amount $~.~, ~/ Percen~ge of the c~n~~nder cu~nt con.ct amount ~. Fo~ula: (Cu~e~ ~ / Last BCC a~rov~ amo~t)-I Results and A~io~: ~ ~ ~a~ge exes 10% BCC ap~oval is r~uir~: under 10% re~E to BCC on Pur~asing re~ SU~AR~ OF PROPPED CHANGE (SI: _ PARTIES CONTACTED REGARDING THE CHANGE: IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~ Propcsed change is consistent W~th the scope of the existing agreement ,'~ Proposed change is in [act an addition or deletion to the existing scope ~_ Change is being implemented in a manner consistent with the existing egreement ~ The app~opnate parties have been consulted regarding the change ~ Preposed [;rices. fees and costs set forth in the change ar~ reasonable PROJECT MyAN~ E/R ~,~COMMENDATION. APPROVE~ :~ .~/,. ,~,¢,~ ,, ' Date: ¢-/~- ~-~' DISAPPROVe. '" "'~ ./~ ' ' Date: COMMENTS. / AGENDA ITEM~ NOV 1 8 2003 Pg. .//- CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: ~F ~ n ~ ~ ~ AMOUNT OF THIS CHANGE /, x/~- --- "/~ ~-~ O~er ~' ~'~ O~ER) A UNT: O INAL[ rov~Amount$ ~ /' '~ *' ' ~ Last BCC App (~T tOTAL ~T. RE~G ~C ~OV~L) Date of ~st BCC Approval '-~ - ~:' -:A~: Agenda i~m Percentage of the chang~nder cu~nt contract amount -~.~ % Form,Jta (Cu~ent AmoUnt / ~BCC approv~ amountyt Resut~ and A~icns: If ~e ~ange exc~s 10% BCC approval is r~uir~; u~er 10% re~ to BCC on Purchasing re~. SUU~ARY OF PROPOSED CHA~GE (S): ~ ~:/: ~/~J JUSTIFICATION FOR CHANGE (S): ,,.,....--~ PARTtE CONTACTED REGARDING TH~ CHANGE: IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) .~_ Proposed c~ange is cor~sistent with the scope of the exmtlr~J agreement .~ Proposed change is in fact an addition or deletion to the existing scope ~ Change ~s being implemented in a manner consistent W~th the existing agreement Y The apprc, pnate parties have been consulted regarding the change FPrcposed pnces, fees arid costs set forth in the change are reasonable PROJECT MA.~N..~G/E~ ,!~/~ COMMENDATION: _ APPROVE.~ . ~.~',/,, ~,Z'~ Date: ~ f'?'-~'-~ DISAPPR~ ~¢'--' ~// r' Date: .. COMMENTS: NOV. mJ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Collier County Public Library7 Immokalee Branch PROJECT #: 33776 BID/RFP #: 02-3405_MOD #: 1 AMOUNT OF THIS CHANGE $9,296.00 PO #: 4500001967 Work Order # N/A CONTRACT AMOUNT: ORIGINAL $ 490,000.00 CURRENT $499,296.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount ,$490,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 09/11/02 Agendaltem# 16 D10 Percentage of the change over/under current contract amount 1% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 02/01104 CURRENT: 02101/04 SUMMARY OF PROPOSED CHANGE (S): Credit for Collier Electric. Floorinq, Drywall. Cetilinq, Paint. fire permit review re-inburstment. JUSTIFICATION FOR CHANGE (S)' All changes requested by owner. PARTIES CONTACTED REGARDING THE CHANGE: Madilyn Matthes, Jack Croqnale, Bob Pierce IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Yes_ Proposed change is consistent with the scope of the existing agreement Yes_ Proposed change is in fact an addition or deletion to the existing scope Yes__ Change is being implemented in a manner consistent with the existing agreement Yes The appropriate parties have been consulted regarding the change Yes~ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN,~~EC,~ENDATION: APPROVE: ~/'~¢/_~ ~¢, Date: . DISAPPROVE:/ - Date: COMMENTS: REVISED 9/9/03 AGENDA ITEM NOV 1 8 2003 AGENDA SUMMARY OCTOBER 13, 2003 AGENDA ITEM NO. IV-A EVERGLADES RUNWAY 15-33 LIGHTING CHANGE ORDER NO. 1 CAPITAL IMPROVEMENTS Summao': Mid Continent Electric was awarded the bid for the Everglades Airpark Runway 15-33 Lighting project on June 9, 2003. The original agreement with Mid Continent Electric was 583,340.50. Change Order No. 1 is a deduction of $9,088.94 from the original agreement putting the present agreement amount at 574,251.56. Because this deduction is more than 10% of the original contract amount it requires Authority Board approval. Recommendation: Authority approve Change Order No. l fbr the Runway 15-33 Lighting Project at Everglades Airpark for the deduction mnount of 59.088.94 bringing the agreement amoum from $83,340.50 to S74.251.56. 0ct-07-03 11:4BA ~ P.01 HOLE MONTES G2"a2-F Pres~c~n',mt C, curt· FC, M Myers. FC, o,nd~ 3~19 · Pr~e- 239.~B§ :20U · F~ ~.59 ~M5 tZ~5 September 5, 2003 Mr. Doug Mclntyre Mid Continent Electric 4586 Progress Avenue Naples, FL 34104 RE.' Everglades Runway 15-33 Lighting FDOT FM# 206384-1-9401 Everglades Airparl~ HM Project No. 02.118 Dear Doug: ,--..,...~ .... ;,, lc~ ,-,.'-,r',inr r~f f~.h~nnm, f'lrd~.r #1 fr~r the referenced proiect. Please sign afl six NOV 1 8 2003 ~ ~ P.02 0ct-07-03 11:48A CHANGE ORDER Change Order No. Contract No. 03-3467 TO: MidContinent Electrical, Inc. 4586 Progress Avenue Naples. Florida 34104 DATE: August 28, 2003 PROJECT NAME: .Runway 15-33 Lighting PROJECT NO: 03-3467 FDOT NO: 206384-1-9401 Under our Agreement dated: May 7, 2003 GC~CA-E-1 NOV ! 8 2003 0ct-07-03 11:48A P.03 You are hereby authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Modifications per attached Exhibit A, Change Order #1 Summary. For the ~^'~"';~:'"'~,..__...v, (Deductive) sum of: Nine thousand eiqh~:y-eiqht, dollars and ninety-four cents ($9,088,94) Original Agreement Amount Sum of Previous Changes This Change Order (Add) (Deduct) Present Agreement Amount $ 83,340.50 $ -0- $ 9,085.94 $ 74,251.56 The time for completion shall be (increased/dcsrc:c~d) by Thirty (30) calendar days due to this Change Order. Accordingly, the Contrac! Time is now One Hundred Twenty (120) calendar days. This substantial completion date is O_ctober 6, 2002, and the final completion date is October 6, 2003. Your @cceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same tenl-~S and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, inc)udin9 claims for impact and delay costs. Accepted: CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DESIGN PROFESSIONAL: GC-CA-E-2 AC~EN~DA ITEM J~ .o./~ NOV 1 8 200] ,, P¢'~ 0ct-07-03 11:48A Exhibit A Change Order #1 Summary For Runway 15-33 Lighting Everglades Airpark P .04 Description: 1, Modify existing windcone: Windcone furnished by Owner is designed to operate on 120 volts. The contract documents specifies 6.6 A current system. Modification includes furnishing and installing retrofit kit for windcone to conform to design. 2. Vault Modification: The electrical equipment in the vault results in high room temperature that is not recommended for the equipment. Electrical engineer and contractor recommend installing a thermostatically controtled exhaust fan and louver system. 3. Delete Alternate #1, Beacon Tower: Comments from ~ocal community request that the Authority maintain the existing beacon tower. 4. Beacon Tower Modification: In connecting existing beacon tower to new vautt, specific electrical items are recommended that were not included in the contract document. The items inc!ude: , Photo cell on tower to limit beacon operation between dusk and dawn · Cut off switch at base of tower to isolate tower and beacon from electrical power from vault Cost: 1. 2. Modification to Wind¢one Vault Modification Delete Alternate #1, Beacon Tower Beacon Tower Modification Total Deduction $ 2,002.15 $ 1,508.42 <$13,239.00> $ 639.49 <$ 9,088.94> AGENDA I TE M~, ,,,-~ N0V 1 8 2003 ._ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME Naples Jail PROJECT#: 52008 BID/RFP #: 98-2829 MOD #: 2 AMOUNT OF THIS CHANGE $1;,58,361 80 PO #: 4500012306 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $29~ B~d "~/ J'"~"'q ~'~? (~' ''~ 7 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last Approved Amount $29,397,115.17 (LAST TOTAL AMT, REQUIRING BCC APPROVAL) Date of Last BCC Approval 9/9103 Agenda Item # 16 F I Percentage of the change over/under current contract amount .6 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 6/13/05 CURRENT: 6/13/05 SUMMARY OF PROPOSED CHANGE (S): Modification of two existin,q Li.qht Wells in buildinq J to be used as Recreation Yards throuqh Construction per attached Chanqe order #2 JUSTIFICATION FOR CHANGE (S): At the Sheriff's request . we were ask to chanqe the exercise area from the outside to the inside. PARTIES CONTACTED REGARDING THE CHANGE: Sheriff Hunter. Skip Camp. Jack Croqnale, Bob Schurbinq. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) yes__ Proposed change is consistent with the scope of the existing agreement yes__ Proposed change is in fact an addition or deletion to the existing scope yes__ Change is being implemented in a manner consistent with the existing agreement yes__ The appropriate parties have been consulted regarding the change yes__ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN/J(GE~ RECOMMENDATION: APPROVE: /¢. /// ~" DISAPPROV/~ -- /- COMMENTS: Date: Date: REVISED 9"9/03 coNTRACT MODIFICATION cHECKLIST FORM PROJECT NAME: Per[ au Prince L,:tilit~' Rc_~[~c¢~- pROJECT #: 73060. & 70074 BID/RFP ~: 0~-3367 MODIFICATION ~: ~ NAME OF FIRM: ~gu~[~~~= CONTRACT AMOUNt: oRIGINAL $ ~ ~b~0.00 cuRREN~ cuRREN~ coMPLE~ION DATE(S): ORIGINAL: ~~~0~ CURRENT: SUMMARY OF PROPOSED CHANGE(S): t~ A~ s~ : ~ ~ in~-estioa~ed unless ~ank ..... ill be ch~eO for each lot m___~~ ~~ ..... '> Add caSln~ ...... . ~'~-~o~ No I is=u= - '' ~-3. ~~d~tional gate . ... , '-' jUSTIFICATION FOR cHANGE(S}: ~1 .. The County .a~re<~ ~~o~e~t or~r all of the existin~ tanks. This se~tce ~s re u~red to locate old Collections did a smoke test but this was inconclusive '__d> Wate~rt~e~t re~~ installed instead of concrete encasement to allow tut better accel' to the water mam. , PARTIES cONTACTED REGARDING THE cHANGE: Bill Mu~in i~PLEMEN~ATION STEPS (Check each before proceeding with change} ~ Pro~sed change is consistent with the scope of the existing agreement ~ Pro~sed change is not included in the existing scope the existing agreement Change is being implemented in a manner consistent with are reasonable ~ Proposed prices, fees and/or costs set fo~h in the chan~e change X ~ The appropriate pa~ies have been consulted regarding PROJEC~ MANAGER RECOMMENDATION: AGE (I~A NO o~ N0V 1 8 2003 APPROVE: ~,~. ~._~C.",, DISAPPROVE: COMMENTS: Date: Date: h Forms/County Forms/Purchasing Forms/Check List 4tl 2/O3 AGENDA I TE.~M/ No. ~.~__~ b NOV 1 8 2003 Pg. GSg577~ CC TR~-~NS E~ INSP p_._~_~ 0~ 10/23/2003 14:15 CONTRACT MODIFICATION CHECKUST FORM PROJECT NAME: _ BID/RFP #: 96-,2599 Goo~lette-Frank Road PROJECT #: 60 ! 34 33,785~00 ..MOD #: 7 AMOUNT OF THIS CHANGE $ CONTRACT AMOUNT: OI:UGINAL$6, 65,'/82.00 CURRENT $_1,366,4~.. 1.00 (~TARTlI~ Last BCC Approval Amount $. 1,265,182.00 (L~ST TOTAL AMT. REQUIRI~ I~;C APPROVAL) Dat~ of Last BCC Approval , ,July 31, Percentage of the change over/under cu~ent contract amount. 8_ % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasirtg report. CURRENT COMPLETION DATE (S): ORIGINAL: N.A. CURRENT: N.A. SUMMARY OF PROPOSED CHANGE (S): Redesifln and permit modification for qJ~an~inp. the project s__copq_ from a four lane segment to a six lane segment from Center ~t~eet to Oran~le Blossom Drive. JUSTIFICATION FOR CHANGE(S): Per Collier (~ounty Commissioners direction. PARTIES CONTACTED REGARDING THE CHANGE: ~James Mudd (County Manacler); Norman Fader (Transportation I~vision Adminis _trato_~F, (~reao_ Strakaluse (Transportation En. gineerina and Construction Mana.o, emeq. t IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N m' N/A) Y, Proposed change is consistent with the scope of the existing agreement .. Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with ~e existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAG~I[ ~DATION: APPROVE: ~ Date: DISAPPROVE: Date: COMMENTS: /0 PROJECT NAME: [J(- S' ~-~! BID/RFP #: 0~-~.3~OD #: CONTRACT MODIFICATION CHECKLIST FORM '"-~&~ ~ PROJECT #: ~ 70,.-.~// ¢ ^ OU.T T..S PO #: Work Order #: CONTACT AMOUNT: ORIGINS( POIN~ CNCLUDING ~ CrinGE O~ER~ Last BCC ~proved Amount $ (~T TOT~ ~T. REQUIRING BCC ~PROV~) Date of Last BCC ~proval Agenda Item ~ Percentage of the change over/under cu~ent contract amount /~-~ ~ [ % Fo~ula: (Cu~ent Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is mquir~; under 10% reported to BCC on Pur~asing re~. CURRENT COMPLETION DATE (S): ORIGINAL: (/- 22 'O'5 CURRENT: SUMMARY O~F PtROPOSED CU~GE (S): ~-~~ JU,~,TI FICATi~)N FOR C~FIAN~ E (S): P~ES CONTACTED REGARDING ~E CHANGE: IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~l~qposed change is consistent with the scope of the existing agreement ~posed change is in fact an addition or deletion to the existing scope =~Change is being implemented in a manner consistent with the existing agreement · ~---~The appropriate partie, s~have been consulted regarding the change ~----P~~~h in the change are reasonable PROJE~-'T M~I~G~~A"~ION: ' .-- ' 0'~ APPROVE: ~ /F~C--J~-~-~ Date: /df ~_/- .L~ DISAPPROVE: Date: COMMENTS: I AGENOA ZT£N , I ~,o./~-,~'1 ,' 8 2003 Rc~scd 8/22/03 ~ ~g' ~ PROJECT NAME: (fl,~" ~ j BID/RFP #:c0 cONTRACT MODIFICATION CHECKLIST FORM ¢' ~OUNT OF THIS CH~GE PO #: Work Order #: CONTRACT AMOUNT: ORIGINAL $~-~-~) ?~. ~FCURRENT $ ~ ? ~L/O' ~ (STARTING'POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $. (LAST TOTAl. AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval" Agenda Item # Percentage of the change over/under current contract amount //-~-~-~ ¢//~L~ J % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: //- ~S" ~'~ CURRENT: SUMMARY OF PROpOSED..CI'I~NGE (S): JUSTIFICATIONr._.~_~ ~ L..~r',~__~FOR ~):. L,' PARTIES C(~NT,,~TED REGARDING THE CHANGE: L/'- u. J-"n_.~ ~ . IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _~_ Proposed change is consistent with the scope of the existing agreement __c--~proposed change is in fact an addition or deletion to the existing scope c~--Change is being implemented in a manner consistent with the existing agreement ~r~e appropriate parties, have been consulted regarding the change ~Propose~~n the change are reasonable PROJECT ~IF~ ,I~E~p.E.N,D?~]T~ON: /'0' ~J'- O___~ APPROVE: L/~//' z...<._.,.--~.,~ -- Date: DISAPPROVE: . Date: . ' . / J N 0V 18 2003 Revised 8/22/03 J pg. ~? _ 0 OffI .cE '~' u o~ ~ '5%~ ~ ~ 0 o ~ ~ ~1,~ · ~1~ ~ ~ · ~ ~[ ~ ~0 ~l0 0 ~ ~ o~ ~ 61=~ o ~ o o~ o 0 a~ o o o o NOV 1 0 CD CD > 0 J= 0 z ~a~_ z 0 ~ ~o~ m o . 0 0 o o o 0 AGENDA I TE~L~O .o.~ m 0 0 > U o 'F.. o o o I-4 AGENDA I TE M/~-~.~ .o./~.-~/u NOV 1 8 2003 ,',. ,_~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Renovation of Building B PROJECT #: 52001 BID/RFP #: 02-3349_MOD #: One AMOUNT OF THIS CHANGE $__3,424.00 PO #: 4500012831 Work Order #:_SC 02-36 CONTRACT AMOUNT: ORIGINAL $ 43,059.00 CURRENT $_46,483.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # Percentage of the cha,nge over/under current contract amount 8 % Formula: (Current Amount / Last BCC approved amount)-1 - Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): Remove de-mountable wall partition and replace with metal studs and drywall. Disconnect four ceilinq fans and cap off widn.q in J box, rewire new drywall in place of de-mountable wall, relocate outlets from 42 to 15" iff finish floor in office 3,4, & 5. Ad~l power for four whips not shown on permit drawinqs. JUSTIFICATION FOR CHANGE (S): To meet County Code PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes, Jack Crognale and George Westgate_. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _x_ Proposed change is consistent with the scope of the existing agreement _x_ Proposed change is in fact an addition or deletion to the existing scope _x_ Change is being implemented in a manner consistent with the existing agreement _x_ The appropriate parties have been consulted regarding the change _x_ Proposed pdces, fees and costs set forth in the change are reasonable PROJECT MAN~J~ER I~JECOM MEI~IDI~TION: APPROVE: // DISAPPRO/~/ ."' COMMENT~: Date: Date: REVISED 9/9/03 N0V 1 8 2003 pg. CONTRACT MODIFICATION CHECKLIST FORM ,~OJECT NAME: SCWRF Flow Equalization Tank #1 & Aeration Upgrades PROJECT #: 73'128 BID/RFP #: 00-3087 MOD #: No. 4 AMOUNT OF THIS CHANGE $ ($299.545.37) PO #: 105785 Work Order#: WD-078 CONTRACT AMOUNT: ORIGINAL $ 25,000 CURRENT $ 4,305,934.63 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 4.605.480.00 (EAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 9/25/01 Agenda Item # 16 ( C V4~ Percentage of the change over/under current contract amount -6,50% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required: under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 10103101 CURRENT! 1/7/02 'JMMARY OF PROPOSED CHANGE (S): This chanoe order is for reconciliation and closeout of the construction contract titled ~South County Water Reclamation Facility Flow Eouatizatio~' Phase I and Mixin(~ and Aeration Up.qrades. dated June 2001. JUSTIFICATION FOR CHANGE (S): No remaining work, therefore the remaining contingency funds of $299,545.37 will be deducted from the Agreement. PARTIES CONTACTED REGARDING THE CHANGE: Karl Boyer, H. Clifford Pepper, Brian Penner, Joseph Cheatham. IMPLEMENTATION STEPS (Verify each before'proceeding with change using Y, N or N/A) x Proposed change is consistent with the scope of the existing agreement _~x Proposed change is in fact an addition or deletion to the existing scope x Change is being implemented in a manner consistent with the existing agreement x The appropriate parties have been consulted regarding the change ~ Proposed pdces, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Date: DISAPPROVE: Date: COMMENTS: Back up spread sheet of project is attached. L. Jackson Revised 8/22/03 NOV 1 8 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: US 41 From Old US 41 to Lee CounW Line PROJECT#: 70045 BID/RFP #: ABB-FT-02-01-A MOD #: 2 AMOUNT OF THIS CHANGE $_4,800. PO #: 204575 Work Order #: ABB-FT-02-01-A CONTRACT AMOUNT: ORIGINAL $ 41,900.00 CURRENT $84,600.00 ' (STARTING POINT) (INCLU6tNG THIS CHANGE ORDER} Last BCC Approved Amount $ 41.900 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 2/26/02 Agenda Item 16 C 9 Percentage of the change over/under current contract amount 113% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds t0% BCC approval is required: under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: June 16.2003 CURRENT: Oct 30 2003 SUMMARY OF PROPOSED CHANGE (S): Extention of CEI inspection time. JUSTIFICATION FOR CHANGE (S): The CEI inspection work order was issued for inspectinq the work of Cross Country Underqround The Contractor did not finish the work in 90 days. They are still workinq on the contract. It has been 198 days. The contrad is 99% complete. This extention of CEI Inspection is required to finish the contract. PARTIES CONTACTED REGARDING THE CHANGE: Bill Mullin, Principal Project Manaqer. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) X Proposed change is consistent with the scope of the existing agreement _x_ Proposed change is in fact an addition or deletion to the existing scope _x_ Change is being implemented in a manner consistent with the existing agreement _x_ The appropriate parties have been consulted regarding the change _x_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN/~G~.R/~R/ECOMMENDATION: APPROVE: ,/(zA2',-x. ~ ~ Date: [0/[?[~:3 DISAPPROVE: Date: COMMENTS: Revised 8/., 2,'0_~ 2003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: #: 73945 BID/RFP #: 02-3'44~ Pumping Lift Station Improvements PO #: 450008875 MOD#: 1 PROJECT AMOUNT OF THIS CHANGE $2,018.27 Work Order #: WO # UC -023 CURRENT $ 541,800.00 CONTRACT AMOUNT: ORIGINAL $ 535,70.0. (STARTING POINT) {INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $535,700.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 4/08/03 Agenda Item # 16 C 1 Percentage of the change over/under current contract amount Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: Nov 10,2003 CURRENT: Nov,10,2003 SUMMARY OF PROPOSED CHANGE (S): Addition of base plate to pump station # 313 and 108. This base plate is required to install the pump and secure it in place to the bottom of the well. JUSTIFICATION FOR CHANGE (S): The base requirements for the pumps at these stations was different from the one the Engineers designed. This change was not anticipated at the onset. Funds are available in the budget to cover this change. This change is a design/omission error PARTIES CONTACTED REGARDING THE CHANGE: Roger Hovel, Greeley and Hansen, Mark Lean., Greeley and Hansen, Bill Mullin, Principal Proiect Manager. IMPLEMENTATION STEPS (Verify each [~efqre proceeding with change using ~', N or N/A) x Proposed change is consistent with the scope of the existing agreement _x_ Proposed change is in fact an addition or deletion to the existing scope _x_ Change is being implemented in a manner consistent with the existing agreement x The appropriate parties have been consulted regarding the change -x- Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA~I~IR. R,I~OMMENDATION: /~/~ 7//~.~ APPROVE: /)/~L_ ~ Date:' DISAPPROVE:" Date: COMMENTS: Revised 8/22/03 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Pumpin.q Lift Station Improvements PROJECT #: 73945 BID/RFP #: 02-3445- MOD #: 2 AMOUNT OF THIS CHANGE $2,018.27 PO #: 450008875 Work Order #: WP # UC -023 CONTRACT AMOUNT: ORIGINAL $ 535,700 CURRENT $ 543.818.27 {STARTING POINT} {INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $535,700.00 (LAST TOTAL AMT, REQUIRING BCC APPROVAL) Date of Last BCC Approval 4/08/03 Agenda Item # 16 C 1 Percentage of the change over/under current contract amount 0.015% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: Nov t0.2003 CURRENT: Nov10,2003 SUMMARY OF PROPOSED CHANGE {S): Addition of check valves to weiaht lever to pump station # 313 and 146. This lever will help identify the pump in operation for the operator. JUSTIFICATION FOR CHANGE (S): This weiqht lever will help identify the pump in operation for the operator. The operator who was present in the start up of pump station 134 requested this chanae. The contractor was able to order the weiqht lever for the last two stations. This chanqe was not anticipated at the onset. Funds are available in the budaet to cover this chanae. This chanee is a desiqn/omission error PARTIES CONTACTED REGARDING THE CHANGE: Principal Project Mana.qer. Roqer Hovel. Greeley and Hansen, Bill Mullin. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _x_ Proposed change is consistent with the scope of the existing agreement _x_ Proposed change is in fact an addition or deletion to the existing scope _x_ Change is being implemented in a manner consistent with the existing agreement _x_ The appropriate parties have been consulted regarding the change _x_ Proposed pdces, fees and costs set forth in the change are reasonable APPROVE: _/{', ~ ~-~""-- Date: DISAPPROVE: '" Date: COMMENTS: Revised 8/2_/0_, CONTRACT MODIFICATION CHECKLIST FORM ~ROJECT NAME: Pumpin.q Lift Station Improvements PROJECT #: 73945 BID/RFP #: 02-3~5 MOD #: 3 PO #: 450008875 AMOUNT OF THIS CHANGE $3,232.50 Work Order#: WO # UC -023 CONTRACT AMOUNT: ORIGINAL $ 535.700 CURRENT $ 547.050.77 {STARTING POINT) {INCLUDING THIS CHANGE ORDER} Last BCC Approved Amount $535,700.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL} Date of Last BCC Approval 4/08/03 Agenda Item # 16 C 1 Percentage of the change over/under current contract amount 0.0~b"ZY~ ~_... ~ L z, Formula: (Current Amount / Last BCC approved amount)-1 ,~I~'7 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: Nov 10.2003 CURRENT: Nov.102003 SUMMARY OF PROPOSED CHANGE (S): Addition of riser to raise the wet well # 313 to proper grade. Su[~er coat for the raiser to protect f~m ,qases enterina the raisers. JUSTIFICATION FOR CHANGE (S): The raiser is necessary to raise the wet well to pro~er ,qrade to prevent the storm water and p. round water from enterina the wet well, This chanQe was not anticioated at the onset. Funds are available in the budaet to cover this chanae. This is a design error. PARTIES CONTACTED REGARDING THE CHANGE: Principal Proiect Manaaer, Roqer Hovel. Greeley and Hansen, Bill Mullin, IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _x_ Proposed change is consistent with the.scope of the existing agreement _x_ Proposed change is in fact an addition or deletion to the existing scope _x_ Change is being implemented in a manner consistent with the existing agreement x The appropriate parties have been consulted regarding the change -x- Proposed prices, fees and costs set forth in the change are reasonable APPROVE: JA,f-,L,t ,.__..--c~---,-- Date: DISAPPRO~/E:'- . Date: COMMENTS: Revised 8/22/03 No .~1, iI,i0V 1 Z. _ Pg'~, CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: 13TM Street SW Improvements PROJECT #: 69068 BID/RFP #: 98-2835 MOD #: I AMOUNT OF THIS CHANGE $11,820,00 PO #: 205089 Work Order #: WMI-02-04-A1 CONTRACT AMOUNT: ORIGINAL S 78.100.00 CURRENT S 89,920.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount S N/A (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval N/A Agenda Item # N/A Percentage of the change over/under current contract amount N/A % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: 10/14,/03 SUMMARY OFPROPOSEDCHANGE(S): Provide desiqn services to include traffic calminq devices to 13'~ Street from 16TM Avenue SW to Golden Gate Boulevard. Roadway and landscapinq details are to be included with the desiqn details. JUSTIFICATION FOR CHANGE (S): Traffic calminq measures were determined to be recluired for 13th Street SW. These traffic calminq measures are to be installed as a part of the sidewalk anr~ drainaqe improvements already proposed for this seqment of 13:'~ Street SW. PARTIES CONTACTED REGARDING THE CHANGE: Landscape Operations, Trans[)ortation Planninq (Traffic Calminq), Utilities, Roadway Maintenance and Traffic Operations. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~ Proposed change is consistent with the scope of the existing agreement ~Y Proposed change is in fact an addition or deletion to the existing scope Y~ Change is being implemented in a manner consistent with the existing agreement _..y__Y The appropriate parties have. been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOM..MENDAT1ON: APPROVE: ~.,. _._~1 )~,. ~,,,._ Date: DISAPPROVE: Date: COMMENTS: REVISED 9/9/03 ?.OO3 CONTRACT MODIFICATION CHECKLIST FORM ~ PROJECT NAME: !jo-~ .~,~-~-~ ~' ~L~0_ -~:h(~ PROJECT #: ~ ~ O BID/RFP #: ?7-fi~ZL'~MOD #: [ AMOUNT OF THIS CHANGE $ Z'p) / PO #:~.3~_~ ~ Work Order #: ~,- CONTRACT AMOUNT: ORIGINAL $ ¢~2.~,(_t-_..~'7_.) CURRENT $ '~ "~OO'~ (STARTING POINT) (INCLUDIN~ THIS CHANGE ORDER) Last BCC Approved Amount $ ~/f'~r (LAST TOTAL AMT. REQUIRING BCC APPROVAL) BCC Approval -, --/t-~//~ Agenda Item # ,-r-~--~ t ; ~-r ~ Date of Last Percentage of the change over/under current contract amount'~ ,..~O ~ % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): SUMMARY OF PROPOSED CHANGE JUSTIFIQATIO~R CHA~GE (S): IM.~.~t.~EMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Proposed change is consistej3t-witb, the scope of the existing agreement _~.--P~oposed change is in fa~_add~c~.-or deletion to the existing scope .~--~:;~.bange is being implemented in a manner consistent with the existing agreement ~/--~--"The appropriate parties have been consulted regarding the change ~.~.l~rd~3osed prices, fees. and costs set forth in the change are reasonable PROJECT M A)~__'__~.E ~t~,~IVI~E~No D~I o N: APPROVE: /.,/~/r ~<_..x._..~-,,----- - Date: / ~)~- 2-~-7'-O-~ DISAPPROVE: Date: COMMENTS: AGE NOA ITEM .o. /&' ~'~'! Revised 8122/03 N0V 1 8 2003 CONTRACT MODIFiCATiON CHECKLIST FORM PROJECT NAME: Granada Blvd/Cypress Woods Drive Intersection Improvements PROJECT #: 66065 BID/RFP #: 02-3327 MOD #: I AMOUNT OF THIS CHANGE $ (5731.10) PO #: 4500012296 Work Order #: BOC-FT-03-02 CONTRACT AMOUNT: ORIGINAL $ 81,816.97 CURRENT $76,085.87 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ N,./A (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval · N/A Agenda Item # N/A Percentage of the change over/under current contract amount (7%) Formula: (Current Amount/Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 9-28-03 CURRENT: 9-28-03 SUMMARY OF PROPOSED CHANGE (S): The purpose of this deduct chanqe order is to deduct the work order amount for millinq the existin.q asphalt pavement. This item was quoted as a continqent item that was determined not to be necessary durin.q construction. JUSTIFICATION FOR CHANGE (S): This item was not necessary and will save the county money.. PARTIES CONTACTED REGARDING TH, E CHANGE: Bonness, Inc., T.E. & C.M. Department IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~ Proposed change is consistent with the scope of the existing agreement '__~ Proposed change is in fact an addition or deletion to the existing scope ~ Change is being implemented in a manner consistent with the existing agreement __y_ The appropriate parties have been consulted regarding the change _~ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RE. COMMENDATION: APPROVE: DISAPPROVE: Date: /~)- Z~- 43,.7, Date: Revised 8/22/03 AGENDA ITEM NO o~ NOV 1 8 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Develo~inent of S.Y. NCHRO Computer N,etwork. PROJECT #: 601711. BID/RFP #: 02-3371 MOD #: FT=02-0A AMOUNT OF THIS CHANGE $_36,493.00_ PO #: 4500013202 Work Order#: FT-02-01 CONTRACT AMOUNT: ORIGINAL $ 23~546.00 CURRENT $ 60 039_..00_ (STARTING POINT) {INCLUDING THIS CHANGE ORDE~R) Lest BCC Approved Amount $_ NIA (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval_ NIA _Agenda Item # NIA Percentage of the change over/under current contract amount_ +155 .% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds t0% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): CURRENT:_ Same ORIGINAL: 6 Months or January 11~ 2004 SUMMARY OF PROPOSED CHANGE (S}: The contract chane includes the corn letion of the S nchro network database with all of the si hals in the urban area to be used to more accuratel measure the Level- of_S~nc ur oses. The ori inal contract onl included the hase I si hals essentiall from Davis to Pine Rid e out to Livin eton where the amendment added the rest of the si hals down to Marco ~n line and out to CR 951. JUSTIFICATION FOR CHANGE (S): The entire network within the urban area is needed for the AUIR ~ for the BCC Worksho in December. The first task did not include the corn late to'act because it was our intention at the time of sco in to have some of these tasks corn leted under the ~ana ement S stem usin MPO PL fundin . T. he first task was to et the ro'ect started and ive time to t and do the. Con estion Mane ement Sco e but we needed to et started based on the December deadline. The Con estion Ma a ement Scom has not been done since the MPO has not PARTIES CONTACTED REGARDING THE CHANGE: Kimley Horn Project Manager, MPO Coordinator, Director and Division Administrator IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) y ProPosed change is consistent with the scope of the existing agreement -~ Proposed change is in'fact an addition or deletion to the existing scope Y "~,hange is being implemented in a manner consistent with the existing agreement -~ The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonable ." COMMENTS: ~,ev~sed /t CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Pumpin.q Lift Station Improvements #: 73945 BID/RFP #: 02-3;~45 MOD #: 4 PO #: 450008875 Work Order #: WO # UC -023 AMOUNT OF THIS CHANGE $3,232.50 CONTRACT AMOUNT: ORIGINAL ~ 535,700 CURRENT $ 554,560.77 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $535,700.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval "4/08/03 Agenda Item # 16 C 1 PROJECT Percentage of the change over/under current contract amount 0.035% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S):_ ORIGINAL: Nov 10,2003 CURRENT: Nov, 10,2003 SUMMARY OF PROPOSED CHANGE (S): Addition of performance bonds to the Contract. JUSTIFICATION FOR CHANGE (S): The Purchasin.q department required the contractor to provide the performance bonds for this contract because the work order is over $200,000. This chan.qe was not anticipated at the onset because we did not expect to issue a work order for all the work (four pump _stations) to one contractor. Funds are available in the budqet to cover this chan.qe. This is a owner,,; request. . PARTIES CONTACTED REGARDING THE CHANGE: Bill Mullin, Principal Project Manager. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A} _x_ Proposed change is consistent with the scope of the existing agreement _x_ Proposed change is in fact an additio~or ~leletion to the existing scope _x_ Change is being implemented in a manner consistent with the existing agreement _x_ The appropriate parties have been consulted regarding the change _x_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA~.R ~I~COMMENDATION: APPROVE: ~.~ ~..___.~;~.~_. Date: DISAPPROVE: Date: COMMENTS: Revised 8/22/03 AGENDA J_.T E r NOV 1 8 2003 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT, 1N THE AMOUNT OF $94,893.00, TO EXECUTE CHANGE ORDER No. 1 INCREASING CONTRACT NO. 02-3377 WITH BROOKS AND FREUND, LLC. FOR THE CONSTRUCTION OF THE NORTH NAPLES GOVERNMENT SERVICE CENTER. OBJECTIVE: To approve a Budget Amendment, in the amount of $94,893.00, in order to execute a Change Order with Brooks and Freund, LLC. for the construction of the North Naples Government Service Center located on the Library Headquarters site on Orange Blossom Drive. CONSIDERATIONS: On September 24, 2002, the Board approved the award of Contract No. 02-3377 to Brooks and Freund, LLC (Agenda 10.L) in the amount of $2,529,376.00. The signature of the Chairman was withheld pending the approval of a required Conditional Use Permit. The property was zoned Agricultural, allowing for the Library to be built but not the Government Service Center without acquiring a Conditional Use Permit. After approximately one year, when the Conditional Use Permit was received, a determination was made by the Planning Department that the setbacks for the already designed building were in error for the current zoning, requiring the site to be redesigned to accommodate the new setbacks. Due to the one year delay in awarding the contract and the minor change in site conditions, Brooks and Freund, LLC. was asked to document any increased costs they have incurred due to the delay and the site changes. They are as follows: Material Cost Increase $42,777 Site Changes Due to Set Backs 24,707 Construction Changes Due to Plan 18,661 Modifications 10% Contingency 8,748 TOTAL $94,893 (Backup for these cost increases are attached to enclosed copy of Change Order No. 1). FISCAL IMPACT: The fiscal impact of the Change Order/Budget Amendment is $94,893.00. Funds are available in the County Wide Capital Projects Fund Reserve. See attached Budget Amendment. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: Approve attached Budget Amendment for $94,893.00 and authorize the Director of Facilities Management to execute Change Order No. 1 to Contract No. 02- 3377 with Brooks and Freund, LCC. Prepared By: /~-/ /Ja~ C~:ognale, P"fi'hci~l Project Manager epartment of Facilities Management Date: AGEI~..OA IT£~lI ' NOV 1 U ;?OO3 Change Order # 1 Contract #02-3377 (cont.) Page 1 Reviewed By: Reviewed By: ~kit~n~, '~1~1~, Director [ Department of Facilities Management Purchasing Department Date:/~,~/J~ Approved By: Len Golder0Price, Administrator Administrative Services Division Date: i A G£ ~N. DA ITF-4~ .o ./0 ~ N0V 1 ~ 2003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: North Naples Government Service Center PROJECT #: 52534 BID/RFP #: 02-3377 MOD #: I AMOUNT OF THIS CHANGE $86,145.00 PO #: Work Order fl: CONTRACT AMOUNT: ORIGINAL $ 2,529,376.00 CURRENT $2,615,521.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $2,529,376.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval9/10/02 Agenda Item # 10 L Percentage of the change over/under current contract amount 2.9% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 7/01/04 CURRENT: 7/01/04 SUMMARY OF PROPOSED CHANGE (S): Additional Services fpr buildinq setback increase cost of material over time(42,777.00) and architectural revisions (18,661.00). (24,707.00), JUSTIFICATION FOR CHANGE (S): Delays in awarding the job and changes in zoning requirements. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp. Steve Carnell, Len Price and Jack Cro,qnale. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change .Y. Proposed pn~e/~, fees and costs set forth in the chart, ge are reasonable PROJECT MAN.~C.~R~. E~M M E N ~TION: APPROVE: k//~ / ~,,, / Erate: DISAPPROVE: / L.;' ,~ Date: COMMENTS: REVISED 9/9/03 CHANGE ORDER CHANGE ORDER NO. I Contract No. 02-3377 TO: Richard Freund Brooks & Freund, LLC 6281 Metro Plantation Road Fort Myers, FL 33912 DATE: September 15, 2003 PROJECT NAME: Collier County Government Services Center PROJECT N0.:52534 Under our AGREEMENT dated 9/10/02 ,~:~.£~,~DA ITE~ r,,!o.. !~ e"/.J_.... NOV 18 CHANGE ORDER NO. 1 PAGE 2 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Additional Services for building setback (24,707.00), increase cost of material over time (42,777.00) and architectural revisions (18,661.00) as described in Proposal Request Number One and Number One- A. For the additive sum of Original Agreement Amount Sum of Previous Changes: This Change Order (Add) Present Agreement Amount $ 86,145.00 $ 2,529,376.00 $0 $ 86,145.00 $ 2,615,521.00 The time for completion shall be (increased / decreased) by N/A calendar days due to this Change Order. Accordingly, the Contract Time is now N/A (_) calendar days. The substantial completion date is N/A and the final completion date is N/A. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment if any, to the Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,2003 CONTRACTOR: Brooks & Freund, LLC BY: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA BY: Skip Camp, Director Department of Facilities Management BY: Daniel A, Summers, AIA, Vice President, BSSW Architects, Inc. 2003 No¥-'O3.ZO03 11:lOam From~ROOK$ FR£UND +941 939511? T-098 P.OOZ/OOZ F-947 I'o1£ r,UU~IUU~ I"'UfU .) Revi~ed 11/03/03 COLLIER cOUNTY ~OVIERNMENT CENTBR $~.07_00 N/C SB,OO .O.OQ' NYC $5,78oioo ,S64.Q0 NJC N/C NtC N/C NIC $8,ET8.00 09:05am From-BROOKS FREUND BID TO: Bnx4~ & Fmmd, In=. 3OB IMMG: Collbr Cou~ Govm, nmm~ ~ (~~) PLAIDS BY: WillsonM~er Plml~ Dgtm~. ~ REVISIONS: 939511T QUANITITY UNto EART-WORK Mobili~tJon ....... I L$ Silt Fenoe , . .- 900 LF Cle;fl~ & G~ng ...... 1 L~ ~ LS Im~ Fill ...... ~0 CY Fi~l Gmdb I LS ~T~~ PAVE/C3 ........ 11/2" Type S.111. ~i~q~'E}lt -.. 1900 BY 8" Limorock W/Prim. and Sand 19'36 SY 12" Stabilized Subgrade ....... 1058 SY I L$ Striping ........ Type 'T" Curb 115 LF Type "D" Tren=h In After Pavi~ 880 LF Flurrms 2 EA 4' mdevmm No n.~.'.-.~ S. wcut ~,.gmem ~ (O..S~) 3583 SF 4' ;adewam N. R,kdm~, S. wt.t ~Wm~ nn~m...F~m~ (or~s~! 1020 LF Pass Thur Flumes -- 2 EA 'TOT.ad. PAVING · UNDGRGROUND Sanit~ Sewer 1 L6 T-B93 P.003/005 F-743 uNrr p~ TOTALS Potable WatedFim Lirm I L$ ,~.~.~.~.~ ~..' "~ '' ' ' TOTAL UNDERGROUND UTILITIE~ $ 44,664.40 TOTAL EARTHWORK, PAVI.,I~ AND ~ ......... $ .'14~1.~ EXCLt,~ONS: Pam~, Fees, Bomt ~ 8it, .. F. Joctrt~i, S(xi, Landacaping, Irrig~im, ' - ': Survmyl ~ $oib T_,~__'ng, No ~0 0 ' St:epa, ~ 15X25 Cond. Psd, No E.H.C. INC. GENF..KN. CONTRACTOR8 13;0 RNL.HF. AO BVLO, NAPLES, Fl. ~4110 BID TO: B..~&md, Inc. BID DAT~. JOB NAME:~I]i~-'~DunIy Go~emmeflt Center PLANS BY: WillsonMiUer Plans Dated: ~J20002 REVI~,ION6:4/07/2002 DESCRIPTION EARTHWORK Mobllizalion Silt Fence Clearing & Grubl~ng Dewatering Imported Fill Final Grade TOTAL EARTHWORK PAVING 11/2' Type S-111 Asphalt 6' Um~ror. l( W/Prime and Sand 12' Stabilized Subgrade Striping Type ~-- Curb Type 'D' Trench In Alter Paving Flumes 4' Sioewaik No ReinfMcing, ,~wcut Jo/ma. cf, M-, ~ (On-,.~b} - ,- ¢ ~ N~ ner~r~r~. ~ Joints, Brim I~bh fOil-Site) PO.Ss Thur Flumes TOTAL PAVING UNDERGROUND UTIu'rlE8 Storm Drainage SaflRary Sewer POtable Water/Fke Uae TOTAL UNDERGROUND UTILITIES TOTAL EAR~ORK, PAVING AND UTILITIES EXCLUSIONS: Perndls, .Fo~. Bond Cost, $ito Electrical, Son, Landscaping, In'lgeliofl, Survey/layout, SoiLs Testing, No Steps, No 1SX25 Coati. Pad, No Colored Concrete, Prices are g=od for e0 clays fl'~m dale' of bid. QUANfTTTY i~NIT$ '~N~ PI~ICJ~- "TOTALS - 6OD LF I LS 1 LS 3450 CY '1 LS S 44,108.t0 .,/ 1900 SY 1938 SY 1958 SY I L.S 115 LF 680 LF Z ~, ... / 3563. SF-'" 1 L$ I LS I LS $ 49,076.90~ $ 40,600,00 $133,78S.00 0ci~-30-Z003 Og:OSam From-BROOKS FREUND +941 9395117 T-883 P.004/005 F-743 02 0c?-30-Z003 Og:OSam From-BROOKS FREUND +941 9395117 F'RX NO. : 23~7315;~5 T-883 P. 0{}5/005 F-743 r'~.9. 21 2003 We~i 05/20/2003 07:39 8581 Glen Lyon Court P.0. Box 61386 Ft. Myers. FL 33906-1386 Voice: 239.768.9963 Pex: 239,768.9964 web:www.$outhwestconstr ucfio n.net Jonstruction Services, Inc. PROPOSAL SUBMITTED TO: Bh~oJ~ & Freund BID PROPOSAL PHON E; ' FAX: ' DATE: 94.1-059-5251 9~,9-5117 O5/21/O~ ATT~: JOB N~'v~ E: PP..AWI NGS'. P-.ickal'4 Freun~J Collier Coo n~ Gov't Services B!49 WE HER/BY 5L/BMITTHE FOLLOWING PROPOSAL/kS PER SPECIFICATIONS FOR:. BID INCLUDES: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 15. 14.. DATE, LOCATION: Naples, Fl CREVI$1ON) CONCRETE, MASONRY, & REBAR LAYOUT FROM ENGINEERS BUI LDI NC CORNERS FOOTERS AND COLUMN PADS ('EARTH FORMED)¢GROVT BASE PLATES) (2) COURSE STEMWALL GROU FED AT DOWELS 4-',5',B' SLAB ON GRADE,6 MI L VISQL/EEN,6X6 IO/IOWWM,SAwCUTS AS SPECI FI ED B' MASONRY WITH GROUTAS NOTED, (FINISHED IN STAIRWELLS ONLY) C.I.P. CONCRETE BEAMS, COLUMNS TOPPING OVER METAL DECK(I~9 Wgt) IN- FI LL M ET'AL PA N ST'Al RS C1),STAI P-.:S AT WEST SI DE SE-I-TING EMBEDS IN CONCRETE ('MATERIAL SUPPLIED BY OTHERS) REBAR (LABOR ~ MATERIAL) SET FLAGPOLE SIGN SIDEWALKS AS SHOWN ON A101 DUMPS'TEP. PAD AND WALLS BI P EXCLUDES: GRANITE SEAT, sToNE CAP/~'F'ONE TRIM,CONCRETE MEDALLION,PRECAST CROWN TRIM,MASS EXCAVATION, FILL ROCK REMOVAL, WATERPROOFING, DAMPPROOFING, DEWATERING, DEMOLITION, MISC. METALS, WELDING, ANCHOR BOLT, STEEL COLUMNS, CAULKING AND SF__..ALA NTS, FIRESAFING, CONCRETE CURBS, TRASH REMOVAL FROM SITE, PAVERS, PIPE BOLLARDSCL&M), L,W, CONCRETE, LIGHT POLE BASES, FLASHING, ARCHITECTV~L PREC_.,AST (LABOR & MATERIAL}, SPECIALTY BLOCK. OR STONE, BRICK, LIGHTWEIGHT OR HIGH STRENGTt-J BLOCK, DRY BLOCK. OR WATER REPELLANT, BLOCK INSULATION, BUILDERS RISK. INSURANCE, PERIMETER PROTECTION, PEDESTRIAN OR TRAFFIC CONTROL PERJVLANENT BP. ACING OF MASONRY WALLS, GUARD POSTS, SHORING OF METAL DECK, MECHANICAL COUPLERS, CP,.ANE, AND BOND. PRICE GOOD FOR IO DAYS FROM ISSUANCE. WE HERESY PROPOSE TO FURNISH MATERIAL AND LABOR. COMPLETE IN ACCORDANCE WITH THE ABOVE 5PECI~CATION~ mESUM OR ~ 272.7~5.O0 ADP: CO~ INCR~SE DUE ~RIAL PRICING AND W/C IN~ES~ 8,O~.~ PRICE IS BASED ON BI LLI NG OF'm E 25TM WITH PAYM ENTIN TH E FOLLOWI NC MONTH 10TM PRO~ RETAINGE AT 10~;, REDUCED TO 5~ uPoN STRUCTURAL COMPLETION, TI-~E DRYWALL AND s'rL/cco ARE COMPLETE. 14: 4B SonstrL ction Services, Inc. PP. OPOSAL :SUBM Iq-FEZ) TO: B~oks & F~u n4 SOWT~NEST CONST~3OTI 8581 Gl~ Lyon P.B. Box IH3BG FL Myer~,.FL 33gO~-138G Voles; PAGE 01 BI D PROPOSAL ~NONE FAX: PATE 9~1-959-5251 9:~9-5'I'f7 O7/31/02 JOB ~,, DRAYVlNG'5: Collier Cou n'C'y Gov' Services Bldg LOC..AT1O N: N~?Ie~,FI ~/~ HE~-EB¥ SUBMITTHE FOLLOWING PROPOSAL/~ PEK 5PECIFICAI'JON5 FOIL:- BID INCLt, JDE$: 1. 2-. ~.. 4.. 5. $. 7. 1~. 10. 12_ 13. 14. CONCRETE, MASONR.Y, & REBAR. LAYOL,rF FROM ENGINEERS BUILDING COR-NER5 FOOTE[Z5 AND COLUMN PADS CF_ARTH FOI~dV~ED)CCROL/T" BASE PLATES) (2) COURSE ~F~V~WALL GROL/TED AT DOWELS 4.',5',8" SLAB ON GP, ADE,$ MIL VISQL/EEN.6X~ IO/IOWWM,$AwcurTs A$ SPECIFIED S' MASONRY WITH GP. OL/T"A$ NOTED, (FINISHED iN STA1P. WELLS ONLY) C.I.P. CONC~TE BEAMS, COLUMNS TOPPING OVEP- METAL DECF.(R~ IN- F1LL M ET'AL PAN 5TAI P.$ C1).STAI P.5 AT WE~I' SIDE .SETTING EMBEDS IN CONCRETE (MATERIAL SUPPLI ED BY OTHEP.5? P-EBA~. ('LABOR & MATEPdAt3 SErf' FLAGPOLE SIGN SIDEWALKS AS SHOWN ON A101 DUMPS-T-ER PAD AND WALLS BI D F..XCLUDE~ GILANITE SEAT, sToNE CAP/STONE TRIM.CONCR.EFE MEDALLION,PRECAST CP, JOWN T'P-IM,MASS F_X, CAVATION, FI LL POCK I~F_MOVAL, V,/ATEP-PP. DOFI NG, DAMPPR,OOFI NG, DEWArF__EI NG, DEMOLITION, MISC. METALS. WELDING, ANCHOR BOLT, STEEL COLL/MNS, CAULKJNGANDSEALANTf FIRESAF]NG, CONCR. ETE CURBI TRASH REMOVAL FROM SITE, PAVER3, PI~E BOLLARDS('LgrM), L.W. CONCRETE. LJGHT POLE BASES, FLASHING, AR, CH~TECTUILAL PP.E~ CLABOP. & MATERIAL), SPECIALTY BLOCK OP-. STONE. BRICK, UGHTWEIGHTOI:L HIGH STRENGTH BLOCK. DRY BLOCK. OR WATER. R. EPELLANT. BLOCK INSL/LAT1ON, BVlLDI~P.5 RISK INSURANCE, PER.IMETER. PR. OTEC'FiON, PEDESTRIAN OR 'TRAFFIC CONTROL P£R. MANENT BRACING Of MA..~:DNP,.Y WALL~, CTUAP-.D POSTS, SHOP,.ING OF' METAL DECY-,, MECHANICAL COUPLERS, CRANE, AND BOND. PR.ICE GOOD FOP.. 10 DAYS FROM ISSUANCE. Wi[ HEREBY PP,,OPC:~ETO FUP..NLSH A4A'TT.~ALAND LABOIL COMPLk'TE IN ACCOILI)ANC[ WITN THEAI, OVE 5PECIrlC. ATIONS FO~,, TH£ SUM OF: _.~ 272,7.4-5.00 PRICE tS BASED ON BILUNG OFTHE25114 WITH PAYMEN'rlN THE FOLLOW R. ETAINGE AT 10~, P. EDUCED TO 5:~ UPON STRUCTURAL COMPL~ DRYWALL AND 5-T1JCCO ARE COJ~PLETE. SlO/8OO'd tg§-.L 11l~8£8 tt6+ .'..:.-:.:' .2.":~70$:0BVm From-BROOKS FR~UN , ~ Or. do, ~ofi~ 32808 (~07) 292-0852 August 8, 2003 '*REVISED'* Quote #2-6.5 Ih:: Structural Steel P~kage Collier County G~venunent Service Cent. er Napl~s, Rorida -. .... , ........ Internarianal Engineering Se.,~ces, Inc. Propos~a, subject to condiflona h .mwXn and those listed on thc 'Exclusions" Pa~ Columns Be.,~ms Trusses (Re:S-4) J~,t S~t '(~,H,J~5) BASEl) ON S.0,1 ~3,4~,6,7,8,9 ~uTa~rZ S~ Ol~mY Anchor Bolts (Cokmms) ~tbe~ $ 178,000.00 PLUS TOTAL REVI~ BID ........ $191,~10.00 - MateJ~ $6,680.00 Labor 6 530.00 £ A~he, Predd~ttE~timatnr ' Page 1 of 2 6 ~une 2002 International Engineering Services, Inc. B 726-A Silver Star Road Orlando, Florida 32808 (407) 292-0852 Fax (407) 292-0853 Quote #2-6-3 Re: Structural Steel Package ColLier County Government Service Center Naples, Florida International Engineering Services, Inc. Proposes, subject to conditions herein and those listed on the ~Exdusions~ Page, t~: Columns Beams lo,t/Bridging Trusses (Re:S-4) DeLkAngle Bent Plate Mez2anlne De~-_k, 1.5VL, 22 G& - Gulvanlzed (Re:S2) Roof Deck, 1.SE, 20 Ga_ - Galvanized (Re:52, S4) Roof Deck 1.5B, 22 Ga. - Galvanized (Re:ss) Joist Seat (Re:F,H,J,LN/S5) 6' Channel (Re:C~5) EURNISH ONLY Anchor Bolts (Columns) Fanbeds TOTaKL PRICE (TAX INCLUDED): DELIVERY SCHEDUI~ ~s Agreed Upon Contract Th~ propose/offer=d for acceptance v~h~ ~0 da)= afar w4~kh k ~s su~= ~o ~~on by ~h= --~Donald E."Ashe, Presi~nt~sflrnat~r Page 1 of 2 81l-fl St0/~00'd t£~-I 2tt~8~8 [1,84 0NI15ttd S)tO0~S-~o~:I ,'~ur, ~B G~ Ol:5Sp 6Jme~2 lnt~matimaI Ea~ Slawic,s, Inc. 3726,A Silv~a. Star Road Orhmdo, Florida 3280B Quote d 2-6-5 STANDARD ~XCLUSIO .N~, 1. Light gage metitl itm. 2. Roof hatch.. 3. Shoring, 4. Cost of bid or perf'orman=e bonds. 5. Groin or C-routh~g 6. Rebar and wire r~sk 7. Chain link f~-e, gat, a, partitions, mc. 8, F a.stemers for wood or ottm' mules. 9. Removal or r~loeation of any existing material. 1.0. Expa~-ion joint c~vers or thresholds. 11. Sleeve~. 12. Ab_)m'..nmm, stainless steel or any other non-f~roua metal~ mal~$ ~edfie, ally mentioned in our 13. Field coat or touch-up pnint, mtless specifically m~nfioned in om- quote. 14..Cog of field in~peetio~ sm'wys or mginemiag fe~. 15. Field mezsur~men~. ~ 16. Shooting of an~or bolt nuts to establish e, leratiom; G.C. to shoot elevations at one nut per column and painL 17. Any mi$cellan~ous steel items, unleas specifically memioned in our quote. 18. Clear and access~le site for material storage, and equipment access, is C~meral Corttraetor's 19. {~a.]¥~nizing not included, unless sp~ifiealIy mealtioned in our 20, Cutting of metal deck for any reason. 21. Cutting or chipping ofmasomy or concr~.. 22. Redraws duo to design changes ~r om ~op drawings submitted. 23. Tr, mplat~ layout or installation of anchor bolta or cmb~ itmas. 24. Offloadiug of fumish~ only items. 25. Cleaning, straight, nk, g, or adjusting of anchor bolts. THE FOLLOWING CONDmONS SaXI.I. APPLY: 1. Clear a~s omo sim and imid, of building as rrxltdmd for trud~ and ~, 2. PHce is g~ f~ 10 d~s ~m ~ of q~m. 4, ~S ~CC ~C~ ~ ~ lim~ tO ~ m~ ~. !. ~ s~l tO ~e o~ ~ ~at of fabfi~tor's ~m~ ~. 6. No s~ ~x ~ field ~. 7. ~ m~ ~ m~ (1) ~ m ~fio~ ~md ~ ~ ~ me ~ be ~ ~ to mot. Pa~ 2 ~ 2 Bfl--i flO/OlO'd t£i-J, li[~l~i8 U~B+ ONfl3tl.I $)lO0tIB-moJ~ t~eZI,:BO £OOZ-BO-I~O Construction Services, Inc. P.O. BOX 61S$6, FT, MYERS, FL SS906-1386 OFFICE: 2~9-76B-996~/2Z9-768-9064- FAX BID PROPOSAL P P. OPOSAL .fL/BM FI-FED TO: PHON E: FAX: DATE: LOCATION: Broo~ & Freun4 2.Z,9~9~9-5251 9S9-5117 05/21/03 Naples, Fl A1TN: ,/OB NAME: pit.AWl NGS: DATE: Rtchar~J Fresh4 Collier Govt. Services BI D INCLUDES: 1. 2. 4. 5. 6. ~'REVISION) METAL FP,,AME, DRYWALL, STUCCO METAL FP-,.AMI NG AT INTERIOR GAUGE AND SIZE PER PLANS FU~.Ri NG DRYWALL UTILIZING 5/9' AT INTERIOR, WITH SKIP TROWEL FINISH STt)CCO 5/8' 5KIP TROWEL FINISH SCAFFOLD AND HOISTING FOR OUR SCOPE HANDICAP BAC.K.I NC; BI D EXCLUDES: WOI:LK. AT RECEPTION AREA 159, BRA. CKETS, WATEP~PROOFI NG, DAMPPROOFI NG, DEMOLITION, MISC. M ETAL5, SE-i-FI NG OF HOLLOW METAL FR, AME5 (LABOR & MATERIALS), ANCHOR BOLT, STEEL COLUMNS, C. AULKI NG ,AND SEALANTS, FIRESAFING, 'T-RASH REMOVAL FR,C)M SITE, FLASHING, INSULATION, BtJILDER5 RISK 1NSUP.~NCE, AND BOND. PRICE GOOD FOR 10 DAYS FROM ISSUANCE. WE HEREBY PROPC~E TO FU~",ClSH MATERIAL,AND ba, BOR COMPL~ IN ACCORDANCE WI~ ~EABO~ 5PECIFI~ONS FOR ~E 5gM OF: 8 ,o00.0o ADP; DRYWALL INCR~SE5 20 ~, OVER PAST6 MONKS ~ M~AL F~MING INCR~SES 45 ~ OVER PA~(9) MO~S~ ~ 5,780.00 WOMEN'S CO~PENSA~ ION INCR~E SINCE ~/~/~ PRICE IS B~ED ON B ILLI NG OF ~ E 25~ WI~ PAYMENT 1N ~ E FOL~WI NG MON~ 10m PROX, R~A! NGE AT10~, REDUCED TO 5~ g~N SUBtOtAL CO~PL~ON, ~E BA~NCE A~ER PUNCHO~ IS COMPL~E. ~ JOH ~RCIO : PRESI DENT B41?BBBg&4 SOUTH~T OONSTE~TI Construction Services, inc P.O. BOX 61BB6, FT. MYERS, FL g,-~PO6-1]Bb OFFICE: 94-1-768,-9P6~/944-768-9964. F. AX BID PROPOSAL PHONE: FAX: I~AI'~ 94.1-9'~9-52_g'1 939-5117 1~/05/02 Col[ e lOCATION: BID INCLUDES: 1. 2. 5. METAL FRAME, DRYWALL STUCCO METAL FRAMING AT INTERIOR GAUGE AND 51ZE PER PLANS F1 EEl NC DRYWALL L/ULIZI NG 5/8' AT I NT1~R. IOR WITH SKiP TT<OWEL F1 STUCCO 5IB' SKIP TROWEL FINISH SCAFFOLD AND HOI~T1NG FOR. OUR. SCOPE HANDICAP BACKING BID IDiCLU'DES: WORK AT R:ECEPTION AR:EA "IS~.7. BltACKETS, WATERFROOFING, DAMPPROOPI NG, DEMOLITION, MISC. METAL& SETrl NG OF HOLLOWME'r'AL FRAMES CLABOR & MATERIAI~), ANCHOR BOLT', STEEL COLUMNS, C-~LAJ41NCANID SEAL~,NTS, FIRESAFING, -['P. ASH REMOVAL FROM SITE, FLASHING, I~SL/LAqON, BUILDERS RISK 1NSURANC£, AND BOND. PRICE GOOD FOR 10 DAYS FROM ISSUANCE. W~ HEREBY ~E TO ~6N ~AT'E~AL AND t.~,BC~ CC~Pt_b-FE IN ~C~~ W~ ~ A~ 5PECfFI~NS ~R ~ESUM OF: ¢ 181.00Q.00 c: P4GE 04 PRICE IS BASED ON BI LUN'C OFTHE 2STM WITH PAYMENT IN I'HE FOLLOI/VI'NG MONTH 10TM PROX. R. ETAINGE AT~C~ REDLIC~D TO 53 UPON 5UBSTA NTIAL COMPLETION, TH E BALANCE AFTER PUNClaOL/T' IS COMPLETE. SI0/II0'd l~-i ltt~8~8 JOHN CUP. CIO PP.E$1DENT ~ur~ ;bu~u~ ~H~Lb ~X NO. :D41 2~? 60~0 Ma~. ~2 208G 10~20~M P1 SUPERIOR FALLS Floor Coverings 17192 Alico Center Road, Fort Myers, FL 33B12 Phone (239) 267-2400 Fax (239) 207-6060 License # TM01-00433 PROPOSAL Brooks & Fmund 6291 Metro Plantation Road Ft. Myers, FL 33912 (239) 939-5251 Fax (239) 939-5117 AI-I'N: Alex DATE; 22 May 2003 Colr~er Co. Government Center LOCATION: North Naples, FL Furnish .and Install: We ac~ge Add~da Numbem Dal Unglazed Mosaics 2' x 2' for Floors and Walls, with setectbfls from price group I or 2, using Ihe dry mortar thinse~ installation wilfl Ceme,~;ous Poly-Moc~fied Grout, and installing an accent band with a MaRe or Semi-Gloss finish to be selected from Dal 'Permatones', 'Permabrites", Price Group 1 or 2, or Dal 'Spectrastone', up to Price Group 3_ White Carmra Marble Stools, 5' Wide. the Industry Star~Jard Total $17,959.00 NOTES: We exclude Cementitious Backer Boards. We e,~:lude Sranit~ Fl~rs. Pdce does nert include leveling and patching floors, but does include minor floor prep as outlined below. Q UAIIFI CATIONS: 1_ FOR THE SUM bF'.' ' r __ See Abo~ $ See r ~. PA~t~ENT TO ~ M~ ~ FO~S; SUB~ ~ T~ ~: M~ly ~ P~ K~ L M~ [in~ P ''~ ~is pr~l m'~y ~ "~ ..... ~ us ~-~ a~-'~ ~*~;" ~ ~ :, : ~JPER I OR F~LLS FI:IX NO. :c::J41 L:~? 6B60 May. 28 2ELD2 IDg:3BAM Pi SUPERIOR FALLS Floor Covetings 17192 Alico Center Road, Fort Myers, FL 3:~912 Phone (239) 267-:2400 Fax (239) 267-6080 License # TM01-00433 PROPOSAL Brooks & Freund 6291 Metro Plantation Road Fort Myers, FL 33912 PH: 939-5251 FAX: 939-5117 DATE: 5/24/02 JOB NAME; Collier County Government Center LOCATION: Nm~h Naples, FL We actmowledge Addenda Numbem O__ W'E PROPOSE TOL F~l"rnlsh and'lo-stall;. 1. Ceramic tile and marble sills. Total $'16.195.00 Note'. 1. We exclude cement backer units. 2. We exclude Granite floors and sills. FOR THE SUM OF: Sbtteen Thomnnd, Three Handled Nin~ty-t'we Onllar~ PAYMENT TO ~E ~E ~ FO~OWS; Mon~ ly Prog~s P~ ~tS Michael W. gh~ ..... f .................. S~00~9-wo~ we~:60 ~OOZ-aO-~sO '!~ ( Pip N~ d Coastal FAX: §41-$43-3435 Coastal Plumbing ~ ~ m ~a;l: . I 950 Commercial Blvd. Naples, Florida 34104 Plumbing ~ MEI~HANICAL PROPOSAL SUBMII'rED TO- BROOKS & FREUND 6281 METRO PLANTATION RD C~, ~a~ AND ZIP CO~ FT MYE[S, FL 3~12 PHONE J DATE (94i)-93975251 JO8 NAId~ COLLIER QOUNT.y GOV. JOe LOCATION c p~ coaStalplum bing.cow www. co.talplumblng.com SERVICE CEN~R RE ORANGE BLOSSOM.DRIVE, NAP,LES 2" PVC WATER SERVICE ~ $3.95 PER FOOT 6" PVC SEWER 8 $1~ PER FOOT (ROCK EXCAVATION NOT INCLUDED) 4" PVC SE~R ~ $8.50 PER FOOT (ROCK EXCAVATION NOT INCLUDED) DOUBLE CHECK BACKFLOW PREVENTER ON SERVICE BACK FILL WITH SAME DIRT AS EXCAVATED ROCK EXCAVATION AND OR DE-WATERING ~ULING T~SH ~D/OR DIRT OFF JOB SiTE ]~ ~l~[J]~l~[~ herel~y lO furflilh mlllrill and labor -- complete in Kcordlnce with the .~ve IplCff~atieU, for [he lure FIFTY-FOUR ~OUS~D ONE HUNDRED SEVENTY-ONE AND 00/100 5~171.0~ an b Ilow · ln#~m,'~ 1o lltilly.il~im PAOI HO, of Coasta ~'~'1 Col pies, 3ROC)K$ Plumbing nmerclal Blvd. Florida 34104 eMITTED TO'-- -- & FREUND Iro osal Coast I Plumbing MECI-IANIOAI_ COF::IPO~ATION ,TREET 5281 ~TRO PLANTATION RD 33912 :fTY, STATE ~ND TIp CODE ?T MYERS, FL ~HDNE (947.)-939-5252 941-643-3 FAX: 941-643-3436 e-mail: cP@ coas~alplumbing.com w~bsite: www.coa~talplumlain g.com 05/28/2002 JOB NAME COLLIER COUNTY GOVERN'HE~T SERVICE ORANGE BLOSSOM DRIVE, NAPLES PLUMBING SYSTEM PER PLANS & SPECS TO INCLUDE; PVC SANITARY WASTE SYSTEM W/ TYPE L COPPER WATER SYSTEM PVC STORM PIPING TO 5' OUT W/ 1" INSULATION ABOVE GROUND A/C CONDENSATE PIPING W/ INSULATION ABOVE GROUND 'FIRE STOPING & CORE DRILLING OF PLUMBING ALL FLOOR DRAINS, ROOF DRAINS, & PLUMBING FIXTURES PER SPECS .... ** .................. NOT INCLUDED ...... 2" PVC WATER SERVICE @ $3,95 PER FOOT ~" PVC SEWER @ SI4 PER FOOT (ROCK EXCAVATION NOT INCLUDED) 4" PVC SEWER @ $8.50 PER FOOT (ROCK EXCAVATION NOT INCLUDED) DOUBLE CHECK RACKFLOW PREVENTER ON SERVICE BACK FILL WITH SAME DIRT AS EXCAVATED ROCK EXCAVATION AND OR DE-WATERING HAULING TRASH A/nD/OR DIRT OFF JOB SITE ~ ~'0~[~ hereby tO furnl~h mate.iai and labor -- Complete in Iccordanco with thl a~v, ,~clflcmtlanl. for the Bum IFTY-~ THOUS~D FIVE HUNDRED THREE ~D ~/~ 535~3.~ ~,j0~90% FOR TUBSET, 30% FOR TRIM,DUE WITHIN 30 DAYS OF INVOICE oNn3al::l $>~O0~S-mOJ:l Wel~t':80 ~OOZ-Rfi--l:~n ~9~-~ 9iO/~tO'd ~6-i ,~Ll98£8 JOC ELECTRIC, 1NC, ' ~) BOX 8115 NAPLES, FLORIDA 34101-.8115 'Phone ('239) 352-6552 Fax (239) 659-0306 D~fe: May 20, 2003 Brooks & Freund, LLC -6281 Metro Plantation Rd. Ft. Myers, Florida 33912-1260 Ph: (239) 939-5251 F~x:. (239) 939-5117 At'tn: Peggy Martin Job Name: Collier Co. Gov't. Service Center 1.- Sales Tax Included. -2. Fixtures Included. 3. Switchgear Included. 4. Lighting Protection Included. 5. Fire Alarm Included, not per specs. 6. Incoming service figured at 100' from building. 7. All Widng to be in conduit or MC; type c~l~e. 8. - Temporary po~,~r Included. 9. -All Wiring to beCopper. i0. Conduit stub-up to above ceiling for Phone and Computer Included, all wiring and Equipment by Others. 11. W~rincj for TV, Security or Sound System Not included. 12. Generator Not included. 13. Secudty System Not included. 14. All work to meet National and Local Electrical Codes_ 15. Permits, Deposits, and Utility charges by Others. Base Bid Jolhn D. Comperatore President J~)C Electric, Inc. ............................................................................................... $221,720.00 E-d 90E0-6S9{6~E} '3NI '3I~13393 3OF d~:10 E0 0~ ~eW P2 02:~2p JDC ELECTRIC, IMC. P-2 ,}DC ELECTRIC, INC. NAPi.F.5, FLORIDA ~4101 Phone (239}-352-6552 Fax (239)-659--0306 Brooks & Fretmfl~ LLC 6281 Metro Plantation Rd. Ft. Myers, lrlorida 33912 PI~: 239-939-5251 Fax: 239-939-5l t7 Arm: Peggy Martin . Job Narae: Collier Co. Gov't Servic~ Center I. Sales Tax Included. 2. Fixtures Included. 3. Switchgem' Inc[udecL Fire Alarm Included, not p~r specs. 5. Incoming service figured at 100' fxom building. 6. All Wir/ng to be in c~nduit. 7. Minimum size ~onduit figur~l at 3/4'S All Wiring to be Copper. 9. Conduit stub-up to above ceiling for'Phone and Comptmer Include, d, all wiring a~d Equip. by Others. 10. Wiring for ,TV, Security or Sound System Not Include. 11. Temporary power Included. 12. Security System Not included. 13. All work to m~t/qational and Local Elex~rica! Cods I4. Peemits, Deposit, and UfiIity charge~ by Othe~ Base Bid .................................... ~ ......................................................... ~213,042.00 Date: 6/6/2002 John D. Compcrz~om President JDC Electric, [nc. B~I-~. S[O/~iO'd [I~$-1 2[1~8£8 Il, B+ (lhlA3tt~ S)lOOtI~I-wo~ '"ef~I,:80 £OOZ-eO-lsO 68/25/2003 10:27 FAX 6437435 ~004 PROPOSAL REQUEST Document G709 AIAED$ OWNER ARCHITECT CONSULTANT CONTRACTOR FIELD OTItER [xl [xl [ 1 [ ] [ ] PROJECT: (lqa*ne and address) OWNER: (Name and address) TO CONTRACTOR: (3tame and address) Coller County Government Services Office Building Orange Blossom Drive Naples, Florida Collie{ County Government Brooks and Freund LLC 6281 Metro Plantation Road Fo~t Myers, Florida 33912 Attn. Richard Freund PROPOSAL REQUEST NO. DATE OF ISSUANCE: COlqlII~CT FOR: CO--CT DATED: ARC~S PROJECT NO: ARCHrrECT: July 16, 2003 14,000 sq. ff. Business Occupancy July, 2002 OO49 BSSW& Partners, Inc. 5185 Castetlo Drive., Suite 4 Naples, Flodda 34104 phone: (041) 643-3103 ~ (941) 643-7435 Please submit an itemized proposal for changes in the Conlract Sum and Contract Time for proposed modifications to the Contract Documents descn~ herein Submit proposal within 10 days, or notify the/Lrchitect in writing of the date on which you anticipate submitting your proposal. TItlS I8 NOT A CHANGE ORDER, A CONSTRUCTION CItAaNGE DIRECTIVE OR A DIRECTION TO FROCEED ~ THE WORK DESCRIBED IN TItE PROPOSED MODIFICATIONS. Description: The conditional use has been approved and the building set back has been increased to 50 feet_ Item number 1below is the general contractors claim for changes in material prices. The following items 2 through 11 below have been revised to reflect the additional 10 feet of setback and one year of elapased time since original contract was approved. Item 12 below is to correct a storm drainage issue on the same site. 1. Provide an itemized list of increased or decreased material purchase prices resulting from a one year delay of the project start. 2_ Revise side wallq flagpole, landscaping and benches south and east of building as indicated on civil, landscape and architectural drawings attached. Relocate flagpole lighting as required for new flagpole location. 3. Revise landscaping, irrigation and lake configuration as indicated on the landscape and civil drawings attached. Provide suitable compacted fill as required in area of influence of building foundations. 4. Relocate irrigation control and electrical supply from dumpster near north property line to the mechanical equipment yard on the west side of the building. 5. Increase all infrastructure by 10 feet for the increased building setback. This shall include but not be limited to the following items. Electrical: telephone and electrical supply lines and conduit (including blank conduit provided under the base bid. Mechanical: supply water lines, sanitary sewer lines, storm drainage lines and fire suppression supply lines. 5. Revise all storm water piping, curb and side walk as indicated on the attached civil and architectural drawings for increased 10 foot building setback. 7. Revise specification section # 08211 Wood doors section 2.2 A. 2 to Plain sliced red oak in lieu of rotary cut birch. 8. Add (3) three - 24"x36' (clear openings) with 3 ~ x 3 ½ X %' steel angle frames in metal deck diaphragm near the following locations. Near gdd lines K & 2, B & 3 and lB & 8, final location to be established during structural ste~el shop drawing review. NOV Pg. 08/'28/2003 10:28 VAX 6437435 ~005 10. 12. Add (2) two - 22~x36' flush galvanized metal access panels into the loggia stucco ceiling near grid lines E & 9 and 5 & L. Access panels are to be accessible with a screw driver and be painted to match surrounding stucco. Revise all jamb details to include double 20 Gage metal studs typical at all door and borrow light frames. Door hardware and signage Add surface mounted magnetic locks (392+ W/ATD2), with power supply and battery backup (CT 150-PS-SBP2) capable of maintaining a magnetic lock for 2-hours to the following pairs of aluminum storefront doors. Door numbers: 104B, 158A, 162, and 158. These magnetic locks must function with the aluminum door manufacturers design for a Notice of Acceptance under the Florida Building Code 2001. Door manufacturer is to provide concealed rod panic hardware devices with manual dogging down capabilities to meet NOA test criteria under FBC 2001 in a storm condition when magnetic lock is unable to function upon loss of battery backup power. Add electric strike (Adams Rite 7140510) to the following hollow metal frame and door, 200B strike must have a power supply W~th battery backup capable of maintaining a magnetic lock for 2-hours similar to (CT 150-PS- SBP). Door number: 151, and 200B. Add to existing power supply battery backup power (CT 150-PS-SBP) to each. Add a concealed rod panic device by door manufacturer to door 151A capable of meeting tested NOA criteria under FBC 2001. Panic device must be capable of being manually dogged down. Door # 167_A - provide thumb latch release on Lobby 158 side and cylinder lock release on Town Hall Meetint Room #162 side. Add an 8" square plastic sign to room #162 stating: Maximum Occupant Load 49. Add catch basin and piping to existing structure along south property line near entry drive to library east of project site. Provide a "Nyloplast" inlet with 15" square grate, rated for H-20 loads, with a min. 12" sump and an 8' PVC pipe outlet. Connect to the existing catch basin by means of a 12" core. The proposed yard drain shall be constructed at the swale bottom immediately south of the existing catch basin, flush with the swale bottom to maintain the swale and the entrance driveway dry after a storm occurrence. See attached civil drawings for location_ Attachments: (List attached documents that support desc)~prion.) Wilson Miller 24" x 36"Drawing Sheets C-3, C-4, C-5, C-6, and C-9 dated 6-20-03 Jeff Moore L.A. 24" x 36"Drawing Sheets L-l, L-2 and L-.4 dated 6~20-03. BSSW 24" x 36' Drawing Sheets A101, A201, A202, A203 and A303 dated 6-23-03 REQUESTED BY: David Bamesberger AIA (~ignatura) (Printed name and title) DOCUMENT G709 * PROPOSAL REQUEST * 1993 EDITION * This document was elec~onically produced unflex lieem~ number 1294000203 and can be reproduced without violation u~til $/31/00. Autbe~atiCatlen of tiffs el~amcaily ~'afied ~ document may be made by using AIA document D401. (facsimile) (3709-1993 05/28{2003 10:28 FAX 6437435 ~006 PROPOSAL REQUEST A1A Document G709 AIAED$ PROJECT: OWNER ARCHn'F~T CONb-~ULTANT CONTRACTOR HELD OTHER toiler County Government Sen/ices PROPOSAL KEQUEST NO. Ix] [x] I ] lxl [ l I ] lA (Name and address) OWNER: (Name and address) Office Building Orange Blossom Drive Naples, Florida Collier County Government DATE OF ISSUANCE: CONrrRACT FOR: CONTRACT DATED: ARCHITECTS PROJECT NO: August 4, 2003 14,000 sq. It. Business Occupancy July, 2002 0049 TO CONTRACTOR: ¢Narne and address) Brooks and Freund LLC 6281 Metro Plantation Road Fort Myers, Florida 33912 Attn. Richard Freund ARCHfrECT: BSSW& Partners, Inc. 5185 Castetlo Drive., Suite 4 Naples, Flodda 34104 phone: (941) 643-3103 fax: (941) 643-7435 Please submit au it~xized pmposul for changes in the Contract Sum and Contract Time fo~ proposed modifications to the Contract Do~memts d~c~! herein. Submit proposal withi~ 1 0 days, or notify tim Architect in w~iti~g of the ~ date on which you anticipa~ submitting your proposal. THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE D~ OR A DIRECTION TO PROCEED wrrH THE WORK DESCRIBED IN THE PROPOSED MODi]:ICATIONS. Description: · SDP review has required the dumpster enclosure and gate size to be revised, please include the following as itemized Rem number 13 of proposal request #1 issued july 16, 2003. 13 Revise dumpster enclosure, foundation and gate sizes as indicated on the attached sketch. List this item as Number 13 on proposal request number 1. (Lis1 attached documenta that support description) BSSW 8 1/2" x 11" Drawing SKA-1 I A203 and SKA-21 A203 dated 8-4-03. REQUESTED BY: David Bamesberger AIA (Signat~we) (Pnnted name and title) A1A ~--'UM~I~ G709 · PROI~SAL REQUF~T · 1993 EDrrlolq · ~ drx;ulx~ was ele~aonically ~ ~ ~ ~ 1294000203 an~:[ can be (fac~mae) G'709-1993 EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE RANKIN¢: NEGOTIATIONS FOR RFP 03-3549, "CONS[ I,~ A PUBLIC LAND SURVEY SECT1ON {1'~ GEOGRAPHIC INFORMATION c,, OF CONTRACT 1S $250,00m ~ )NTRACT LVELOPING COUNTY'S i)OLLAR AMOUNT OBJECTIVE: Recei~ negotiations for RFP (PLSS) base layer amount ofcontr:~c~ ,.c Selection Committee ranking of firms for contract ~ ~,:,t.~ii'~mt Services for Developing a Public Land Survey Section amy's Geographic Information System (GIS)." (Estimated dollar ooO) CONSIDERATIONS: This project will complete the base layer for the County's GIS data as desert'bed in the Collier County GIS Implementation Plan, dated June 2001. The base layer is used to align aH of the County's geographic data with the real world by collecting the locations of identifiable points, such as survey monuments. The location of these points are collected in the field and then entered into GIS. Since the GIS system can only be as accurate as the survey points, it is important that the survey points be collected in a very precise manner. An earlier project was completed in the Spring of 2003 that concentrated on the urban area of the County. This project will focus on the rest of the County, particularly those areas under development pressure. An RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on July 21, 2003. Notices were sent to 181 firms and responses were received fi.om 4 firms by the due date of August 15, 2003. A Selection Committee meeting was held on October 16, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, the firms were selected for the short list as follows. With Board approval, negotiations will commence with the top ranked firm, which the Selection Committee's consensus determined was qualified to handle the project. 1. Johnson Engineering, Inc. 2. W'flsonMiller 3. Coastal Engineering Consultants, Inc. FISCAL IMPACT: Funds for these professional services are included in the 2004 Fiscal Year budget adopted by the Board of County Commissioners as part of the GIS Capital Project. Currently, $250,000 has been budgeted for this project. RECOMMENDATIONS: That the Board of County Commissioners approves the Committee's selection of firms and authorize staff to begin Contract negotiations with the top ranked firm in the order of their ranking. Executive Summary Approve Ranking for RFP g03-3549 Page 2 SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Bert Miller, GIS Manager B I~rmation Technology Director Stephen Y. Carnal/, ;urchasing Director DATE: DATE: DATE: Len Gokh~en Price, Administrative Services Administrator I N o'v '~ 8 2003! L"°'-~ ! EXECUTIVE SUMMARY APPROVE AGREEMENT #04HM-9-09-21-15-001 BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY IN THE AMOUNT OF $83,640 (75% STATE 25% LOCAL) TO PROVIDE WIND PROTECTION TO EIGHT (8) PUBLIC SAFETY FACILITIES AS SPECIFIED IN COLLIER COUNTY'S LOCAL MITIGATION STRATEGY, AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE REVENUE OBJECTIVE: Board of County Commissioners approval of Agreement 04HM-9-09- 21-15-001 between Collier County and the State of Florida, Department of Community Affairs accepting $63,140 in grant funds in consideration of $20,500 in local match to provide wind protection to 7 Fire Stations and the County's Helicopter Operations Hanger. CONSIDERATIONS: This initiative will provide wind protection for 34 vehicle bay doors at 7 Fire Stations located at various sites throughout Collier County and the Helicopter Operations Hanger. Additionally, a number of window and door wind protection shutters will be provided at some of the facilities. This project will retrofit one Fire Station in each of the County's Fire Districts and each department (independent and dependent) has affirmed in writing their commitment to reimburse the County the 25% dollar match required by this grant for their facility. East Naples FD Station 20 $2,275., North Naples FD Station 45 $2,275. (pending NNFD Board approval), Golden Gate FD Station 70 $3,350., Immokalee FD Station 30 $2,025., Isles of Capri FD Station 90 $2,700, Ochopee FD Station 60 $1,475., Big Corkscrew Island FD Station 12 $2,275, and Medic 2 Helicopter Operations $4,125. FISCAL IMPACT: Increase of $83,640 to the Emergency Management Grants Fund (Fund 118) for Fiscal Year 2004. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve Agreement # 04HM-9-09-21-15-001 between the State of Florida, Department of Community Affairs and Collier County in the amount of $83,640 to provide wind protection to eight (8) public safety facilities and approve a budget amendment to recognize and appropriate revenue. SUBMITTED BY: L._ \"~"~~ Date: 1'{?/{>.3 James J. yon Rinteln, }[PEM?CEM., Emergency Management Coordinator Dan ~-Ummers,~E'M, Emergency Management Director AGENDA ITEM No._lC,, ~:' ! - NOV ! 8 2003 Pg' ~ _ . Contract Number: 04HM-'9~'09-2,1-15-001 CFDA Number: 83.548 ' FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is ente[ed into by and between the state of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Ccllier County, (hereinafter referred to as the "Recipient"). THIS AGREEME[NT iS EHTERED INTO BASED ON THE. FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qua'lifted and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant fUnds from the federal government, and has the authority to subgrant these funds to the Recipient :upon the terms and conditions hereinafter set forth; and C. WHEREAS, th& Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parbes and shall end February 28, 2005, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. AGEND~ ITEM No._/~,,~' / NOV 1 8 2003 Pg. (4) MODIFICATION OF CONTRACT; REPAYMENTS (a) Either party may request modification of the provision? of this Agreement. 'Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (b) The Department Contract Mar~ager (DCM) will evaluate requests for cost.bverruns and submit to the Regional Director written determination of cost overrun eligibility. Cost ~verruns shall meet Federal regulations set forth in 44CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP subgrantee Scope of Work (SOW) shall be reviewed by all State and Federal agencies padicipating in the NEPA process. You are reminded that no construction may occur in this phase, that a full environmental review must be completed prior to funding Phase II. As a reminder, the subgrantee must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and 'Cooperative Agreements to State and Local Governments: For construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFR 13 (c)); A change in the scope of work must be approved by FEMA in advance regardless of the budget implications; and The Subgrantee must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. NOV 1 8 2003 Pg. ,¢ (c) All refunds or repayments to be made to the Departmen. t under this Agreement are to be made pa. yable to the order of "Department of Community Affairs", and mailed directly to tlt'e: Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat.,'if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. , , (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments', (53' Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit Working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with-the following exceptions: 1. If any litigation, claim or audit is staded before th.e exPiration of the five year period and extends beyond the five year period, the records will be maintained until all litigati6nl claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years' after final disposition..' 3. Records relating to real property acquisition shall be retained for five years . after Closing of title. (c) All records, including sup~poding documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scop,e pf Work - Attachment A - and all other applicable laws and regulations. {d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable tim'es to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by.the Department. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a close-out report. (b) Quarterly reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out repod. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termin~ation of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further NOV 1 8 2003 payments until they are completed Or may take such other action as set forth in pa,ragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "A(;,ceptable to the Depa. rtment" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. ' (e) Upon reasonable notice, the Recipient shall p'rovide such additional program updates or infdrmation as may be required by the Department: (f) The Becipieni shall provide additional reports and information as identified in Attachment F. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved.' Such review shall be made for each function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits cor~ducted in accordance with OMB Circular A-133, as revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Depadment to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspe~ctions, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. 5 AGE. ND& ITEM No. NOV 18 2OO3 (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the. Recip!ent shall be ~oiely responsible to parties with whom it shall deal in carrying out the terms of {his agreement, and shall save the Department harmless against all claims of whatever nature by third padies arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees' that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agree, s to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and u~ t, ~ following events occur ("Events of Default"), all obligations on the part_ of the Budgeting, or if any ~' ~- Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or pads of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; A(3END__~ITEM No. /'/.., ~'~/ NOV 1 8 2003 2. If any material adverse chan, ge shall occur in the financ~ial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed With the Dep,artment, and the Re,cipient fails to cure said material adverse change within thirty (30) days from the time the date writt~'n notice is sent by the Department. 3. If any r'eports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4: If the Recipient has failed to perform and complete in timely fashion any of the services required under tl~e Budget and Scope of work attached hereto as Attachment A. (b) U, pon the happening of an Event of Dbfault, then the Depadment may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or'in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; AC-.-,ENDA~tTEM No. NOV 1 8 2003 Exercise any other rights or remedies which may be otherwise available under (c) The Department may terminate this Agreement for Cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and,regulations; failure tO perform in a timely m~nner; and. refusal by the Recipient to permit public access to any document, paper, letter, or other material subjec.t to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of adm nistrative,hearing rights and time. frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized' by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Ms. Kathleen Marshall, Planning Manager Bureau of Recovery and Mitigation ~ Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 922-5944 Fax: (850) 922-1259 NOV 1 8 2003 (c) The name and address of the Representative of the Recipientlresponsible for the administration of this Agreement is: " Mr. Jim Von Rinteln, Coordinator 'Emergency Management. Collier County 330t Tamiami Trail Eas~''' Naples, Florida 34112 , T~tephone: 239-774-8333 Fax:239-775-5008 , (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provid'ed in (1Q)(a)above. (11 ) OTHER'PROVISIONS. (a) The validity of this Agreement is subject to th~ truth and accuracy of all the information, representations, and materials submitted or provided bY the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference.. The lack of accuracy thereof or any material changes shall~ at the option of the Depadment and with thirty (30) days written notice to the Recip!ent, cause the termination of this . - Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend o[ act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exer~se of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. NOV 1 8 20O3 (d) The Agreement' may be executed in any number of counterparts, any one of which may be taken as an original. (e) Tl~e Recipie0! agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 121.01 et seq.), if appliC~51e,'which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, ' transportation, State and local government services, and in telecommunications. (f) A person, or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory Vendor list~rnay not submit a bid on a contract to provide any goods or services to a public entity, may ndt submit a bid on a contract with a public entity for the construction or repair of a public building or public'work, m_ay not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from th~ date of being placed on the convicted vendor or discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal go~/ernment, by signing this Agreement, the. Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes er commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making f~lse statements, or receiving stolen property; lO 3. are not presently indicted or otherwise criminally.or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11(g)2. of this certification; and , ,, 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (h) The Recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in.. accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan a~d land development regulations prepared and adopted pursuant to Chapter.163~ Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land de.velopment regulations. The Recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees that any repair or construction shall be in accordance with apPlicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. 13_ Recipient.will provide and 'm,~intain c. ompetent and adequate engineering supervision at the construction site to ensure that the Completed work con$orms with the approved plans and specifications and will furnish progress reports and such other information to the Department as may be required. If the hazard mitigation proje,c,t described in Attachment A includes an acquisition or relocation project, then Recipient shall ensure th'at, as a condition o'S'fun'ding under this Agreement, the owner of the affected real property shall reoord'in the public records' of the county where it is located the following covenants and restrictions, which shall run with and apply, to any p'roperty acquired, accepted, or from' whicha structure will be removed pursuant to the project: the property will I~ dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 2. no new structure will be erected on property other than: (a) a public facility that is open on all sides and functionally related to a designated open space; (b) a restroom; or a structure that the Director of the Federal Emergency Management Agency approves'in writing before the commencement of the construction of the structure; after the date of the acquisitio~q or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and if any of these covenants and restrictions is violated bY the owner or by some third party with the knowledge of the owner, fee simple title to th~. Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. I NOV 1 8 2003 .(,12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance ,with generally accepted accounting principles, to account for the rec.eipt and' exp~n~liture of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, re~,iew, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be. construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.. (c) The Recipient shall also provide the Department with the records, reports or,financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance With the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Agreement . indicates Federal resources awarded through the Department by this Agreement.. In determining the Federal--awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. ~ If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the NOV 1 8 2003 audit must be paid from non-Feder, al resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). , ~ (e) Copies of reporting packages for audits conducted in accordance with OMB Circular' ~', A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as reW'sed, by or on behalf.,pf the Recipient directly to each of the following: . The Depadment of Community Aff, air, s at each of the f(~llowing addresses: Department of Community Affairs Office of Audit Services 2555 Shumard ,Oak Boulevard Tallahassee, Florida 32399-2100 and Depadment of Community Affairs Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1 ) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonviiie, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services - 2555 Shumard Oak Boulevard~ Tallahassee, Florida 32399-2100 and Department of Community Affairs Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 14 NOV 1 8 2O03 (g) Any reports, management letter, or other information required to be subrhitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,'. Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and ,f,orrprofit organizations), Rules of the Auditor General, as applicable. th) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local, governmental entities/ or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accomPanying the reporting package. ti) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor Genei-al access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Depadment. (j) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall b~ held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations, and Agreement provisions within thidy (30) days after the Depadment has notified the Recipient of such non-compliance. (k) The Recipier~t shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (I) The Recipient shall have all audits completed by ~n independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under The IPA shall state that the audit complied with the applicable provisions noted Chapter 473, Fla. Stat. above. (13) SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of th.e executed subcontract must be forwarded to the Department within thirty (30).days,, after execution oi the subcontract. The Recipient agrees to include in the subcontract that (i) the' subcontractor is bound' 5y. all applicable state and federal laws and regulations, and (ii) the subcontractor sha hold the Department and Recipient harmless against all claims of whatever nature a~ising Out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. " The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict'between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 Funding Sources Attachment A Attachment B Attachment C Budget and Scope of Work Program Statutes and Regulations Lobbying Prohibition/Cedification Attachment D Attachment E Statement of Assurances Request for Advance or Reimbursement Attachment F Quarterly Report Form (16) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an' amount not to exceed $63,140.00 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance AGE N D. AJT, E.M l~loo._~_..~/~~ NOV 1 8 2003 payment is also subject to federal .OM, B Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement on the Summary of Documentation form (E-2). This form will .specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use o[ these funds. 1. ~_ No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to. expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. , (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the followin~ standard conditions: (a) 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 any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherWise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a prope~ preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all docCuments, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and mad'~e or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's °bligation to pay the contract amount. 1'7 NOV 1 8 2003 (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and N,ati.o~ality Act ("INA")]. Th'e Department shall consider the employment by any contractor of unauthorized aliens a violation ~f Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agre, ement by the Department. (18) LOBBYING PROHIBITION. (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature t° thi~ Agreement, that to the besi of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employeb of any agency, a Member of Congress, an officer or employee of Congress, o[ an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grani, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, ' continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2.' If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and' that all subrecipients shall certify and AGENDAJTF:CVl disclose accordingly. No. ~'~,ff ~J' NOV 1'8 2003 ~_8 This certification is.a,material representative of fact upon which reliance was placed when this transaction was made er entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file'~ the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ', (19) COPYRIGHT, PATENT AND TRADEMARK -- ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED, BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Reci'pient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovei-y or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. NOV 1 8 2003 (20) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. Attachment D. (21 ) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as (22) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat,, the Department shall issue payments to vendors ~ithin 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of good and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payments(s) from a state agenc> may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Date: Tom Henning, Chairman FEID# 59-6000558 At-test: By: Dwight E. Brock, Clerk Deputy Clerk Date: Approved as to form and legal sufficiency Asli~tant CounW Attorney STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Date: W. Craig Fugate, Director, Division of Emergency Management 20 'EXHIBIT- 1 .. FEDERAL RESOURCES AWARDED TO THE REcIPIE[NT PURSUANT TO THIS ,~GREEMENT CONsIsT OF THE FOLLOWING: Federal Program: Federa'l Eme, rgency Management Agency Catalog of Federal Domestic AssiStance Number: 83.548. Amount of Federal Funding: $63,1'40.00 ,~. COMPLIANCE REQUIREM EI~ITSAP, PLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS,FO'LLOWS: Only the services 'described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Not Applicable COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT AREAS FOLLOWS: Not Applicable . NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 21 NOV 18 2OO3 Attachment A , Budget and Scope of Work The Recipient, Collier County will retrofit their fire stations With Dade-County approved products. The installation of Approved shutter Products over fifty (50) windows and thirty seven (37) bay doors on the following Collier County Owned Structures. Fire Station #'s 20, 45, 70, 30, 90, 12, Medic 2 Helicopter Operations, and the Ochopee Fire Station #60. , The time frame for completing the project will be within twelve (12) months from the date of the fully executed agreement. This HMGP proiect 1393-0012 funde0 under F[MA 1303-DR-FL. Fundin.q Summary: Federal Share: State Share: Local Share: Total Project Cost: $61,500.00 (75)% of Project Cost) $ .00 (0)% of Project Cost) $ 20,500.00 (25)% of Project Cost) $ 82,000.00 (100%) Recipient Administrative Allowance, up to $1,640.00. ' 22 NOV 18 2OO3 ~1/2003 :55 " ,r FEMA Amendment , Project No No 1393 12-R · ' 0 Subgrantee: Collier County t ~ubgrantee FIPS Codei02.1-47625 FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANTS PROGRAM Obligation R~port wi Signatures State Action Application ID No 30 I Supplemental No State Grantee . 7 FL Statewide Project Title: Collier County Public Safety Building Retrofit HMGP-OB~2 Total Amount Previously Allocated Total Amount Previously Obligated Total Amount Pending Obligation Total AmOunt Available for New Obligation $61,500 Project Amount $61,500 Grantee Admin Est $0 $0 ! Subgrantee Admin Est To, tal Obligation IFMIS Date IFMIS Status FY $61,500 $997 $1,640 $64,137 08/21/2003 Authorization Preparer Name: FAITH HANNAH HMO Authorization Name: BARBARA PICKENS Accept Preparation Date: 08/21/2003 HMO Authorization Date: 08/21/2003 2003 Admin Calculation FEMA Project Proj Amend Appl Admin Cost Number Number ID Calculation 2-M 0 30 Sliding Scale 1-P 0 30 Sliding Scale 10-R 0 30 Sliding Scale 6-R 0 30 Sliding .Scale 14-R 0 30 Sliding Scale 17-R 0 30 Sliding Scale 12-R 0 30 Sliding Scale 11-R 0 30 Sliding Scale 18-R 0 30 Sliding Scale 22-R 0 30 Sliding Scale 26-R 0 30 Sliding Scale 27-R 0 30 Sliding Scale 28-R 0 .30 Sliding Scale 29-R 0 30 Sliding Scale 30-R 0 30 Sliding Scale 31-R 0 30 Sliding Scale 32-R 0 30 Sliding Scale 33-R 0 30 Sliding Scale Calculation Percentage N/A N/A N/A N/A N/A N/A N/A ~Slidinq Scale Percentaqe: o $100,000 = 3.00% up to $1,000,000 = 2.00% up to $5,000,000.00 = 1.00% Excess = 0.50% 22-A NOV 1 8 2O03 6saster FEIMA Amendment No ,Project No No 1393 12-R 0 ~ubgrantee: Collier County t ;ubgrantee FIPS Code:021-47625 Admin Calculation FEMA Project Proj Amend Number Number 34-R 0 Justification FEDERAL EMERGENCY MANAGEMENT AGENCY HA~ARD~ MITIGATION GRANTS PROGRAM '* . ' Obligatior~ Re~ort wi Signatures =te , A; ion Application ID , No .. Supplemental . No state Grantee 7 FL Statewide Project Title: Collier, County Public Safety Building Retrofit Appl ,Adrflin Cost Calculation ID CaiCJlafion Percentage 30 Sliding Scale N/A HMGP-OB-~2 Authorizing Official Signature Authorizing Official Title Authorization Date Authorizing Official Signature Authorizing Official Title Authorization Date Slidinq Scale Percenta.qe: up to $100.000 up to $1,000,000 up to $5.000,000.00 Excess = 3.00% = 2.00% = 1.00% = 0.50% 22-B NOV 1 8 2003 27/2003 FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM ENVIRONMENTAL REVIEW I PROCESS REPORT ]~ FEMA Amendment nber Project Number Number 393 12-R 0 grantee: Collier County t ~ Code: 021-47625 App ID S~te 'Grantee ~0 FL Statewide Project '.Title: Collier County Pu,.biic S~fety Building Retrofit · HMGP-EV-0~ Executive Orders Review Compliance Review Complete [] E.O. 11988: Floodplains Public Notice. if applicable 00 / O0 / O000,Date of Initial Notice 0010010000 Date of Final Notice [] E.O. 11990: Wetlands Public No~ice, .if applicable 00 1 O0 /,0000 Date of Initial Notice 00 10010000 Date of Final Notice [] E.O. 12699: Seismic Resistant Construction [] E.O. 12898: Environmental Justice for Low Income and Minority Populations [] All ApPlicable Executive Order Compliance Reviews Completed Other Environmental Laws Review Standard Law Name Clean Water Act Coastal Barriers Resources Act Coastal Zone Management Act Endangered Species Act Farmland Protection Policy Fish and W~ldlife Coordination Act National Historic PreServation Act V~qld and Scenic Rivers Act Conditions Applicable Completed Required E] I-I [3 [] E-_] [3 [3 [-J 121 E] lEI I--II-] '[3 [3 E] Comment 22-C NOV 1 8 20O3 ~ter ~ FEMA ~er Project Number )3 12-R · rantee: Collier County t Code: 021-47625 Amendment Number 0 FEDERAL EMERGENCY MANAGEMENT AGENCY HJ~.ARD MITIGATION GRANT PROGRAM ENVi'RONMENTAL REVIEW I PROCESS REPORT. App ID .' State Grantee 30 FL Statewide Project .Titl'e': Collier County Pub ic.S~ety Building Retrofit HMGP-EV-01' NEPA Process FEMA Initiated FEMA Completed · [] Statutory Exclusion ZJmited to funding authority under Stafford ~4ct sections402, 403,406 when re_staring a facility ~ubstantially to its pr~disaster condition.407, and 502. (See 44 CFR 10.8 (C') or Stafford,4ct $16} [] Cate.qorical Exclusion (CATE.X) If an extraordinary circumstance e. xist~ and leads to a significant environmental · ' ' impact (see 44CFR 10,8 (d) (3}), an Environ.,4ssesment sl~all beprepared / 06 / 2~ / 2003 (If CATEX, see CATEX Type Code below) ' ' [] Environmental Assessment (EA} ,~ 00 / 00 1 0000 Draft EA 00 1 00 1 0000 Final EA 00 / 00 / 0000 Finding of No Significant Impact (FONSl) if applicable 00 ! 00 / 0000 Final Notice Published for FoNsI or EA Environmental. Impact Statement (ELS) 00 / 00 / 0000 Publication of Notice of Intent to Prepare ElS 00 / 00 1 0000 Initial ElS Scoping Meeting 00 / 00 / 0000 Draft ElS Available 00 / 00 / 0000 Final ElS Decision 00 / 00 1 0000 Record of Decision _CAT EX T__T_y. gg___~ Codes And Standards (xv) 22-D AGENDAJ~EM NOV 18 2OO3 Attachment B Program Statutes and Regulations The part'les to this Agreement and the Hazard Mitigation Grant Program (HMGP) are g&n~'aliy governed by the folloWing statutes' and regulations: (~) (2) (3) (4) (5) The Robed T. Stafford Disaster Relief. and Emergency'Assistance Act; 44 CFR Pads 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable. FFMA policy memoranda and guidance documents; State of Florida Administrative Plan for the Hazard Mitigation Grant Program; Hazard Mitigation Long-term 'Recovery Guidance; and. All applicable laws and regulations delineated in Attachment D of this Agreement AGENDA ITEM NOV 1 8 2003 Attachment C Lobbying Prohibition / Certification The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or mc~dification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was make or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. An person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RECIPIENT: COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Tom Henning, Chairman Date: ATTEST: By: Dwight E. Brock, Clerk Deputy Clerk 24 Approved as to form and legal sufficiency (xAssistant County Attorney .... NOV 1 8 2003 Attachment D Statement of Assurances To the extent the following provision,s, apply to the award of assistance in this Agreement, as determined by the awarding agency, the Recipient hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Department, including ail understandings and assurances contained therein, and directing and authorizing the Recipient's chief.ADMINISTRATIVE officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of o~' delegate tothe Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, 'officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or respohsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above; (d) All Recipient contracts for'which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Department. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) (t') It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at. least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. It will comply with: ~, (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any prOgram or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is 25 NOV 1 8 2003 (g) (h) (i) (J) (~) (m) provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which .the real property o¢'s{ructure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits'discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as.~)rovided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action tO insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay, or other forms of compensation; and election for training and apprenticeship; The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; it will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, F___~S; It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; It will comply with the provisions of 18 USC 594,598,600-605 (further known as the Hatch Act) which limits the political activities of employees; It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101:19.6 for general type buildings and Appendix A to 24 CFR Part 40 fo~ residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; It will, in connection with its performance of environmental assessments under the National EnvirOnmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of 26 AGENDA.ITEM No. /~,.~'" / NOV 18 2OO3 Archaeological and Historical Data Act of, 1966 (16 U.S.C. 469a-1, et seq.)f by: (2) (3). (4) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are su'bject to ad,v, erse effects (see 36 CFR Section 800.8) by the proposed activity; and ,, Complying With all requirements established by the State to avoid or mitigate adverse effects upon such properties. Abiding by the terms and conditions of th~ "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation'. Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and Stat~ entities in implementing Section 106 of the National I~listoric Preservation Act (NHPA), 16 U.S.C. 470f, and implementing 'regulations in 36 CFR part 800. When any of Recipient's projects funded .under this Agreement may affect a historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set oqt in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop,.and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and the Depadment if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. ~. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the 2'7 NOV ! 8 2003 (n) (o) (P) (q) (r) (s) (t) (u) treatment plan, FEMA may direct Recipient to impl,ement the treatment plan. either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. ":. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National RegistEr eligible or .iisted property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect'a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consult,ation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. It will' comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 168t- 1683 and 1685 - 1686) which prohibits discrimination on the basis'of sex; It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; ~ _ It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance undsr this agreement; It will comply with Title VIII of the Civil Rights Act of 1968, 42~ U.S.C. 2000c and 42 3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; 28 AGE NDe,. ITEM No. /~. ~'- ./ NOV 18'2003 (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) (J J) It will comply with the Clean'Water Act of, 1977, ,as amended, 42 U.S.C. 7,~19-7626; It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; It will comply with {he Intergoy, ernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; It will assist the awarding agency in assuring co~51iance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 432t-4347; It will assist the awardingagency in assuring bompliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U,S.C. 469a, et. seq; It will comply with~ the' Rehabilitation Act of 1973, ~3ection 504, 29 U.S.C. 794, regarding non- discrimination; . It will comply with the environmental standards Which may be prescribed pursuant to the Safe Drinking Water Act of ,1974, 42 U.S.C. 300f-300j, regardin'g the protection of underground water sources; It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S:C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whos~ property is acquired as a result of Federal or federally assisted programs; It will comply with t'he Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; It will comply with the following Executive Orders: EO ~ 1514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); It will comply with the Coastal Barrier Resources Act of 1.977, 16 U.S.C. 3510; It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. With respect to demolition activities, it will: Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement: ' Return the property to its natural state as though no ~mprovements had ever been contained thereon. o Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and' lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. 29 NOV 18 2003 10. 11. 12. Provide documentation of the inspectiqn results for each structure, to indicate: a.. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present Provide supervision, over contractors or g'mpioyees employed by Recipient to remove asbestos and lead 'from demolished or otherwise applicable structures. Leave the demolished site clean, level and free o[ debris. Notify the Department promptly of any unusual existing condition which hampers the contractors work. Obtain a,II re.quir~d permits. Provide addresses and marked maps for each site where water wells and septic tanks are tb be Closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61 ). This clause shall be added to any subcontracts. Provide documentation of public notices for demolition activities. 30 AGENI~,~ I,TEM No,/~, / NOV 18 :Za)3 Attachment E FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT Request for Advance or Reimbursement of Hazard Mitigation Grant Program Funds RECIPIENT NAME: Collier County ADDRESS: CITY, STATE, ZIP CODE PAYMENT No: FEMA Trackin( Numbers: 1393-0012 DCA Agreement No: 04HM-'9-09-21-01-001 Eligible Obligated Obligated Obligated Previous DCA Use Only Amount FEMA State Match Local Match Payments 100% 75% 0% 25% Approved Comments TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested fbr these amounts. RECIPIENT SIGNATURE NAME AND TITLE DATE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ APPROVED FOR PAYMENT $ GOVERNOR'S AUTHORIZED REPRESENTATIVE DATE NOV 1 8 2O03 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ~ DIVISION OF, EMER, GENCY MANAGEMENTl SUMM,~Y.C~F DOCUMENTATION IN SUPPORT OF AMOUNT ' ClaIMED FOR ELIGIBLE DISASTER WORK UNDER THE H,,AZARD MITIGATION GRANT PROGRAM Applicant Collier County Disaster No. 1393 lent No. 04HM-'9-09'-21,-01-001 HMGP Tracking# 1393-0012 Applicant's Date of delivery DOCUMENT,~TION Applicant's , Reference No. of articles, List Documentation (Applicant's payroll, matedal out of Eligible Costs (Warrant, Voucher, completion of a. pplicant's stock, applicant owned equipment and name of 100% Claim Check, or work ~3r '" vendor or contractor) by category and line item in the Schedule No.) performance .. approved project application and give a bdef description of servia, es. the articles or services. TOTAL 32 Attachment F FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT QUARTERLY REPORT FORM RECIPIENT: Collier County PROJECT LOCATION: Retrofit DISASTER NUMBER: FEMA-DR-1393-FL Project Number # 1393-0012 DCA ID #: 04HM-'9;09-21~01-001 QUARTER ENDING: Provide amount of advance funds disbursed for period (if applicable) $ ' Provide reimbursement projections for this project: July-Sep, 200 $__ Oct-Dec, 200 $__ Jan-Mar, 200 $__ July-Sep, 200 $__ Oct-Dec, 200___$~ Jan-Mar, 200 $__ Percentage of Work Completed (may be confirmed by state inspectors): Project Proceeding on Schedule: [ ] Yes [ ] No Describe milestones achieved during this quarter: Apr-June, 200 Apr-June, 200 % Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [ ] Cost Unchanged Additional Comments/Elaboration: [ ] Under Budget [ ] Over Budget NOTE: Department of Community Affairs (DCA) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DCA as soon as these conditions become known, otherwise you may be found non-compliant with your subgrant award. Name and Phone Number of Person Completing This Form 33 AGENDA ITEM No. NOV 182003 ROAD, I?,'[~IOI,DX_LEE, FLORaD:\ 34142 1 October, 2003 Collier County BCC 3301 Tamiami Trail, E. Naples, FL 34112 Re: FEMA Project 1393-0012 Collier County Public Safety Building Wind Retrofit Match This letter is to confirm our commitment of twenty-five percent ($2,025.00) of the wind retrofit project cost of($8100.00) on The Immokalee Fire Control District Station 30. These funds will be paid to Collier County upon completion of the project. Sincerely, Chief NOV 1 8 2003 pg. GENERAL OFFICE (941) 657-2111 FIRE PREVENTION (941) 657-2700 FAX (941) 657-9489 GOLDEN GATE FIRE CON']'7~OL & RESCUE DISTRICT 4741 GOLDEN GATE PAI..F, KWA',/ - NAPLES, FLORIDA 34116-690i (239) 455-2121 "FAX (239) 455-7917 Collier CounW BCC 3301 Tamiami Trail East Naples, FL 34112 Re: FEMA ~oject 1393-0012 Collier County Public Safety Building Wind Retrofit Match October 1,2003 Tl-fis letter is to' cor~rrn our commitment of twenry-five percent $3,350.00 of the wind retrofit project cost of $13,400.00 on Golden Gate Fire Station 70. These funds will be paid to Collier County upon completion of the project. Chief Donald R. Peterson 239-455-2121 (Point of Contact and Phone Number). Sincerely, Authorized Signature Chairman Chuck McMahon NOV 182OO3 FIRE SLES OF CAPRI & RESCUE DISTRICT October 10, 2003 Collier County BCC Emergency Management Department _3301 Tamiami Trail, E Naples, FL 34112 Re: FEMA Project 1393~0012, Collier Cou4'lty Public:Safety Building Wind Retrofit Match To Whom It May Concern: .= - This letter is to confirm our commitment of twenty-five percent ($2,700.00) of the wind retroi~t project cost ($10,800.00) on-the Isles of Capri Station 90 The Isles of Capri point ofcontact is Chief ROd Rodriguez at 394-3206. 'Rod Rodriguez "~-,: ~,' Chief, Isles of Capri Fire Control.D~strmt :ii. ,~.- NOV 1 8 20133 pg. q6:~ 175 CAPRI BOULEVARD * ISLES OI: CAPRI * NAPLES, FLORIDA 34113 * (941) 394-8770 OCHOPEE FIRE CONTROL DISTRICT 201 BUCIGNER AVE EVERGLADES CITY, FLORIDA 34141 PHONE (239) 695-4114 FAX (239) 695-3473 October Collier Cotmty BCC Emergency Management Department 3301 Tamiami Trail, E Naples, FL 34112 Re: FEMA Project 1393-0012, Collier County Public; Safety Building Wind Retrofit Match To Whom It May Concern: This letter is to confirm our conmfitment of twer..~J-five percent ($1,475.00) of the ,Mhd ~etrofit project cost ($5,900.00) on the Ochoppe Station 61. The Isles of Capri point of contact is Chief Paul Wilson at 643-5981. Chief, Ochopee Fire Control District NOV 18 2OO3 COLLIE, R COUNTY EMERGENCY MEDICAL SEgUCES 3301 East Tamiami Trail * Bldg H * Naples, Florida 34112 o (239) 774-8459 * Fax (239) 7;'5-4454 October 13, 2003 Re: F?:MA Prqiect 1393-0012 C,::~lier Count)' Public Safety Building Wind Retrofit Match To Vv'hom It May Concern: This leuer is to confirm our previous commitment of twenty-five (25) percent of the wind retrofit project cost of $16,500 on the helicopter operations hanger. Funds in the amount of $4.125 will be paid upon completion of the project. Should you have any questions, please feel free to contact my office ~ 774-8459. Respectfully, ~JeI7 Page, Director Emergency Medical Services NOV 1 8 2003 pg. BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT 13240 Immokalee Road Naples, Florida 34120 (941) 348-8006 (941 ) 455-1204 Collier County BCC 3301 Tamiami Trail E Naples, FL. 34112 FEMA Project 1393-0012 Collier County Public Safety Building Wind Retrofit Match October 9, 2003 This letter is to confirm our commitment of twenty-five percent ($2.275.00) of the wind retrofit project cost of ($9,100.00) on the Big Corkscrew Island Fire Control and Rescue District Station 12. These funds will be paid to Collier County upon completion of the project. Contact Person: Phone: Frank O. Kovarik 239-455-1204 Sincerel ~2 .~orge H. Eckhard 'Chairman, BCIFR A~ND~T~M NO. ~//~?" ( NOV 1 8 2003 East Naples Fire Control and Rescue District 4798 Davis Blvd. Naples, FL 34104 PH: (239) 774-7111 Fax: (239) 774-1782 October 10, 2003 Collier County BCC Emergency Management Department 3301 Tamiami Trail, E Naples, FL 34112 Re: FEMA Project 1393o0012, Collier County Public Safety Building Wind Retrofit Match To Whom It May Concern: This letter is to confirm our commitment of twenty-five percent ($2.275,00) of thc wind retrofit project cost ($9,100.00) on the East Naples Fire District Station 20. The East Naples Fire District points of contact are Rob Poueiger and Tara Bishop. Sincerely, Rob Poueiger Assistant Chief East Naples Fire District NOV 1 8 2003 1885 Veterans Park Drive · Naples, Florida 34109 (239) 597-3222 · Fax (239) 597-7082 Jim Von Rinteln Courthouse Complex o.~t;, Tamiami Trail East Naples, FL 34112 October 22, 2003 Dear Jim, As staff ,we are recommending that the Board of Fire Commissioners approve this purchase to provide hurricane wind protection for Station 45, Apparatus Bay doors (FEMA 1393 Wind Retrofit Project) and have included it on the November 13, 2003 Board of Fire Commissioners Agenda, for commission approval. Once the Board has rendered their decision we will contact you. Respectfully, JMW/las A D M NOV 18 COMMISSIONER FIALA'S 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: Lake Trafford Restoration Fund BBQ Public Purpose: To interact with constituents. Date of Function / Event: Sunday, November 16, 2003 Amount to be paid by the County: $25.00 D~a~Fiala,~VJ~ir, Commissione Lake Trafford lives on! Join us on Sunday, November 16 Noon - 5 p.m. at Lake Trafford Marina & adjacent park 12 - 2 p.m. Local Singers *' 2-4 p.m. Country Currents BBQ tickets are, $25 per person (includes dinner and two drinks). BBQ will feature authentic Florida specialities. Proceeds go toward the Lake Trafford Restoration Fund. Free concert by the United States Navy Band CoUntry Currents R.S.V.P. by November 7, 2003. Return the enclosed reply card to make reservations. Your name will be placed on a guest lisl. Tickets will not be mailed. Please park at Lake Traffford Elementary School on Lake Trafford Road, Immokalee. Regretfully, handicapped facilities are not available. For further details, call (239) 403-4220. AG£Np~ ~o. /q~ /. NOV 1 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 fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Frank Halas hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Lake Trafford lives on event Public Purpose: Support program and interact xvith constituents Date of Function / Event: November 16, 2003 Amount to be paid by the County: $25.00 NO. NOV 18 2003 Reserve your space & Show your grassroots support for Lake Trafford! SUNDAY, NOVEMBER 16 - LAKE TRAFFORD MARINA ~om~ mon~ 7 7 q-~Og 7' Vork Phone Number of tickets: .__ x $25 = Cost: Please make check payable to Lake Trafford Restoration Fund ',eservations will be made under the name of the person listed above Mess you indicate otherwise here. am not able Io attend but wish to make a contribution of $ Lake Trafford lives on! Join us on Sunday, NoVember 16 Noon - 5 p.m. at Lake Trafford Marina & adjacent park 12 - 2 p.m. Local Singers · 2-4 p.m. Country Currents BBQ tickets are $25 per person (includes dinner and two drinl~s). BBQ will feature authentic Florida specialities. Proceeds go toward the Lake Trafford Restoration Fund. Free concert by the United States Navy Band Country Currents R.S.V.P. by November 7, 2003. Return the enclosed reply card to make reservations. Your name will be placed on a guest list. Tickets will not be mailed. Please park at Lake Traffford Elementary School on Lake Trafford Road, h-nmokalee. Regretfully, handicapped facilities are not available. For further details, call (239) 403-4220. AOENDA ~ no. NOV 1 8 2003 COMMISSIONER COLETTA' S REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION 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, enviromnental, 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 Coletta hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Lake Trafford Lives On Event Public Purpose: Support program and interact with constituents Date of Function / Event: November 16, 2003 Amount to be paid by the County: $25.00 Jim Coletta, Commissioner, District 5 Lake Trafford lives on! Join us on Sunday, November 16 Noon - 5 p.m. at Lake Trafford Marina & adjacent park 12 - 2 p.m. Local Singers * 2-4 p.m. Country Currents BBQ tickets are $25 per person (includes dinner and two drinks). BBQ will feature authentic Florida specialities. proceeds go toward the Lake Trafford Restoration Fund. Free concert by the United States ,- NavY Band Country Currents R.S.V.P. by November 7, 2003. Return the enclosed reply card to make reservations. Your name will be placed on a guest list. Tickets will not be mailed. Please park at Lake Traffi'ord Elementary School on Lake Trafford Road, Immokalee. Re~etfully, handicapped facilities me not available. For further details, call (239) 403-4220. Reserve your space Show your grassroots support for Lake Trafford! , SUNDAY, NOVEMBER 16 - LAKE TRAFFORD MARINA Name_~Onr3mt$-~/Obd~-~ ~m C~ ~ Address 5~Ot ~- ~t~ml T~. City, State, Zip ~~ ~ ~c ~ ~l I~ Home Phone ~% -'~FL WorkPhone 774- X~ql Number of tickets: ~ x ~5 = Cost: Please make Check payable to L ke ~~nd: Reservations will be made under ~e name of the peFmfi llsteff~ove unless you indicate othe~ise here. ~/ ' ~n e r~nt,,b~ i am not able to attend but wish to ~ ~~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE November 18, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Ao Co Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for September 29, 2003 through October 3, 2003. 2. Disbursements for October 4, 2003 through October 10, 2003. 3. Disbursements for October 1 l through October 17, 2003. Districts: o Golden Gate Fire Control & Rescue District - Schedule of Regular Meetings Collier Mosquito Control District - Budget for FY 2004; District Map and Schedule of Regular Meetings. Minute~: 1. Productivity Committee - Minutes for September 17, 2003. Ochopee Fire Control District - Minutes of May 20, 2003. H:Data/Format EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT THE BUDGET AMENDMENT APPROPRIATING CARRY FORWARD AND EXPENDITURE BUDGETS FOR OPEN PURCHASE ORDERS FOR NON- PROJECT FUNDS AND FOR UNEXPENDED BUDGET FOR PROJECT FUNDS AT THE END OF FISCAL YEAR 2003. OBJECTIVE: To have the Board of County Commissioners approve budget amendments appropriating $431,797,014.46 of carry forward, in various funds. CONSIDERATIONS: In operating (non-project) funds, purchase orders were issued to various vendors during FY 2002-2003 and there were budgets to pay for those purchases. The purchase orders continue to be valid at fiscal year end. The County continues to need those products or services ordered. However, the budgets to pay for these items expired as of September 30th. If the purchase orders were cancelled on September 30th they would have to be reissued on October 1st which would require unnecessary record keeping changes for the vendors, the County's Purchasing Department, the Clerk's Finance Department and the department which placed the order. Therefore, FY2004 budgets need to be appropriated by $7,792,395.10 to replace those that expired, to allow payment to be made. In project (principally capital projects and grants) funds, appropriations are budgeted for the life of the project. Most projects are multi-year. Under our new financial system, unspent project balances in FY 03 will be automatically rolled into the new fiscal year. This is a major change from the old financial system wherein the unobligated balances on unfinished projects would have to be re-budgeted in FY 04. The new process also eliminates the skew in the adopted budget resulting from re-budgeting "old capital projects" in the new fiscal year. Unexpended project balances carried forward from FY 03 amount to $424,004,619.36. FISCAL IMPACT: To approve budget amendments in the amount of $431,797,014.46 for the various funds. The Board previously approved the fiscal year 2003 budgets and the various purchase orders. Purchase orders that were carded forward in Non-Project funds amounted to $7,792,395.10. Unexpended budget in Project Funds that were carried forward was in the amount of $~.: .2.4,00.4, ,619.36. GROWTH MANAGEMENT IMPACT: Many of the capital project budgets (i.e., roads, water and wastewater) being carried forward are for Category A facilities, which are required to meet concurrency requirements in the County Growth Management Plan. RECOMMENDATION: The Board approve the budget amendments for $431,797,014.46 to appropriate carry forward and expenditure budgets. PREPARED BY: REVIEWED BY: REVIEWED BY: Shirley Van Vliet, Sr. Technical Assistant L. Mitchell, Director of Finance Mike Smykowski, Director Office Manage~'~ent and Budge Operating (Non-Project) Funds Appropriations to be increased by 2003 Purchase Orders That have been Carried Forward to FY2004 Fund Description Amount 001 101 109 111 113 114 130 188 193 194 196 198 312 408 410 441 470 495 517 521 522 669 GENERAL FUND TRANSPORTATION SERVICES PELICAN BAY MSTUBU MSTD GENERAL FUND COMMUNITY DEVELOPMENT WATER POLLUTION CONTROL GOLDEN GATE COMM CENTER 800 MHZ IRCP FUND ACCNT TDC MUSEUM TDC PROMOTION SERVICES EVENTS TDC DISASTER RECOVERY MUSEUM ROAD CONST GAS TAX OPERATING COUNTY WATER SEWER OPERATING WATER/SEWER DEBT SERVICE GOODLAND WATER DISTRICT SOLID WASTE DISPOSAL COLLIER CO AIRPORT AUTHORITY GROUP HEALTH & LIFE FLEET MANAGEMENT MOTOR POOL CAPITAL RECOVERY UTILITY FEE TRUST FUND 182,163.38 31,768.77 28,186.20 ,786,623.22 ,683,367.67 67,138.12 5,140.00 14,825.00 14,643~52 413,433.51 11,274.28 282,206.50 862.00 441,383.80 7,000.00 127,863.85 ,216,411.78 11,444.93 9,004.75 38,500.00 ,378,241.00 40,912.82 7,792,395.10 L AGENDA ~TE~ No. /~,.7" ~_ NO\t i 8 2003 Pg._ ~ Project Funds Appropriations to be increased by 2003 Unspent Budget Within Projects That have been Carried Forward to FY2004 112 115 116 117 118 121 123 126 129 132 136 150 155 156 160 170 189 191 195 301 306 307 313 320 322 325 331 334 336 338 339 350 351 355 365 372 373 381 411 412 413 414 472 474 491 496 497 MSTD ROAD & BRIDGE SHERIFF GRANTS MISCELLANEOUS GRANTS NATURAL RESOURCE EMERGENCY MANAGEMENT URBAN IMPROVE GRANTS COLLIER CO SENIORS METRO PLANNING MPO LIBRARY GRANTS PINE RIDGE IND PARK GOLDEN GATE BEAU RADIO ROAD BEAU FOREST LAKES ROADWAY IMMOKALEE BEAU BAYSHORE/AVALON BEAU ADOPTION AWARENESS E911 WIRELESS SHIP TDC - BEACH RENOUR FACILITIES MGMT 1982 PARKS CIP 1983 LIBRARY IMPROV ROAD CONST - GAS TAX CLAM BAY RESTORATION IRR & LANDSCAPE SYS 1981 WATER MGMT ROAD IMPACT - DIST 1 ROAD IMPACT - DIST 2 ROAD IMPACT - DIST 3 ROAD IMPACT - DIST 4 ROAD IMPACT - DIST 6 ROAD IMPACT - DIST 5 UNIN COMM & REG PARK EMS IMPACT FEES EMS CAPITAL LIBRARY SYS IMPACT DIST 5 IMM IMPACT NAPLES & URBAN CO OCHOPEE FIRE CONTROL ISLE OF CAPRI FIRE CORRECT FAClL IMP CO WATER/SEWER OP WATER IMPACT FEE CO WATER CAP PROJ SEWER IMPACT FEE CO SEWER CAP PROJ SOLID WASTE DISP SOLID WASTE CAPITAL EMS GRANTS AIRPORT AUTH GRANT AIRPORT COMM PAA-8 991 ~399.65 1,076 127.78 155 887.02 70 073.09 144 559.63 3,479 399.85 447~ 789.82 2,839 031.80 221,532.37 1,478,700.00 78,862.90 105,593.42 45,468.65 344,826.50 223 834.16 10 000.00 746010.00 3,146 956.20 8,772 929.79 9,600 432.08 1,995 725.29 11.69 119,283,025.41 323,472.21 273,647.41 3,549,410.37 7,517,758.49 8,383 876.11 123 839.52 6,779 806.01 3,'185 797.22 869 691.56 43,712.496.35 3,115 951.98 2,398 865.47 978 229.56 3 475.00 808 967.44 300.00 1,095.41 34,978,183.12 61,671.50 27,515,651.93 14,854,934.56 83,971,397.69 19,580,020.52 10,222.83 200,000.00 33,473.47 5,501,662.54 12,543.99 424,004,619.36 AGEN,.DA No. I 8 003 EXECUTIVE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET. AMENDMENT FOR WIRELESS 911 EXPENSE RELATED TO GIS MAPPING AND 911 DATA BASE IN THE-AMOUNT OF $53,000. OBJECTIVE: To obtain Board approval for a budget amendment to transfer .Wireless 911 money to the County's GIS (Fund 301) project to enhance the Wireless 911 database. CONSIDERATIONS: The 911 database will be an enhancement to incorporate Address Matchable Street Centerlines. Street centerline data is to be verified and assigned to the appropriate street segment so that it may be used in the function of accurately locating wireless callers to 911. in collaboration with the County GIS Department and project, the Sheriff's Office is requesting approval for a budget transfer in the amount of $53,000.00. The cost is an eligible Wireless 911 expense. Funds are available from fees collected in anticipation of these system requirements. FISCAL IMPACT: In the Wireless 911 fund (Fund 189), a budget amendment is required to move funds out of Reserves and into a transfer account in the amount of $53,000. Source of funds are cellular phone user fees. In County Wide Capital Projects fund (301), a budget amendment is needed to receive the $53,000 transfer and to increase the GIS project (50014) budget by the like amount. GROWTH IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners approve the necessary budget amendments. ACH~at~, Captain, Commur)jeations Division APPROVED BY~ ! ,' AGEFtDA ITEM No. /~'"~"c~ N0V 1 8 2003 Pg._ / 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 fi.om October 18, 2003 through November 14, 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 18, 2003 through November 14, 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. GROWTH MANAGEMENT IMPACT: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By: j~e~'~- ~-~ Date: s L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Approved By: ^ ~,t ~Ce Murray General Operations Manager Date: · & i_",£!',i D A iTEM NOV 1 8 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 130 IN THE LAWSUIT STYLED COLLIER COUNTY V. DAVID J. FREY, ET AL, GOLDEN (;ATE PARKWAY PROJECT NO. 60027. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 130 for the Golden Gate Parkway project in the lawsuit styled Collier County v. David J. Frey, et al., Case No. 03-2353-CA. CONSIDERATIONS: On September 12, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 130 for the Golden Gate Parkway project (Project No. 60027). On October 1, 2003, the County deposited its good faith estimate of $12,300.00 into the Court Registry for Parcel 130 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2003-37). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1'). The Stipulated Final Judgment provides for $16,500.00 to be paid to Respondents, David J. and Dorothy W. Frey, as full compensation for the property rights taken as to Parcel 130; and $500.00 for planning fees, which fees are required to be paid by statute. The Court reserves jurisdiction to award attorney fees and appraisal fees. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. ?)~ISCAL IMPACT: Funds in the amount of $4700.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT 1MPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Conunissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated. SUBMITTED BY: Heidi F. Ashton, Assistant County Attorney Date: AGENDP, uo. [ NOV 1 8 2003 :/- REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: .,,~vin/~IeC~ks, ROW Acquisit'on Transportation/ECM/ROW Gregg Strakaluse, P.E., Director Transportation/ECM Nop(n Feder, Administrator Tr~Insportation Division / David C. Weigel, C6unty Attor~rey Manager Date: Date: Date: Date: AGEND,~ ITEM NO. i/~ h',/ NOV 1 8 2003 Pg. ,~ IN TIq[E CIRCUIT COURT OF TltE TWENTIETH JUDICIAL IN :.~ND FOR COLLIER COUNTY, FLORIDA COLLIER COb74TY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 03-2353-CA Parcel No.: 130 vS. DAVID J. FREY, et al., Respondents. / STIPULATED FINAL JUDG1VIENT THIS CAUSE having come before the Com't upon Joint Motion made by Petitioner, COL'LEER COLrNT¥, FLORIDA, by and th.rough the undersig-ned counsel, and Respondents, DAV1T) J. izT,_E¥ and DOROTttY W. FRE¥, by and through undersig~ned counsel, for entry of a Stipulated Final Judg-ment as to Parcel No. 130, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COLLI'ER COUNTY, FLORIDA, is the full compcmsation due Respondents, DAVID I. FREY and DOROTH-Y W. FREY, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDER.ED AN'D ADJLrDGED that Respondents, DAVID J. FREY and DOROTHY W. FREY, have and recover from Petitioner. COLLIER COUNTY, FLORIDA, the sum Of Six'teen Thousand Five Hundred and Noll00 Dollars ($16,500.00) for Parcel No. 130 as full payment for the property interests taken and for damages resulting to thk remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said p-m-cci; ir is AGEND4 ILE¥ £u~hc~ NO. I/,~ W [ ! NOV ! 8 2003 OR_D~ that Lh¢ Court reserves jurisdiction to award attorney fees pursuant to Section V3.092, i::.S, and appraisal fees pursuant to Section 73.091, F.S.: it is further ORDERV_D [hat Respondents. DAVLD 3. kREY and DOROTHY W. FREY, rec~ve from Petitioner, COLLIER COL.,-N-r¥, FLORIDA., the sum of Five Hundred and No/100 ($500.00) for planning fees for Parcel 130; it is furdqer ORDEK]ZD that the Clerk of this Court shall disburse the total amount of Twelve Thou.md Three Hundred and No/Dollars ($12,300.00) to WILLIAMS, SCHtFINO, MAGIONE & STEADY TRUST ACCOL,2qT, c/o R. Marshall Rainey? Esquire, Williams, Schifino, Malone & Steady, P.A., One Tampa City Center, Suite 2600, Tamps, FL 33602, less any amounts previously paid for the benefit of Respondents, DAVID J. FRaY and DOROTHY V,,r. k-KEY, for full compensation; it is further ORDEP, iED that Petitioner, COLLIER COUNTY, FLORIDA? shall pay the sum of Forty- Seven Hundred and No/100 Dollars ($4,700.00) within thirty (30) days of the date' of this Stipulated Final 3ud~--ncnt, to R. M_.~r<SHALL P,_A_~Ey, ESQUIRE, c/o Williams, Schifino, Magion¢ & Steady, One Tampa City Center, Suite 2600, Tampa, FL 33602 for the balance of full compen.~ation and planning fees: it is further ORDE~ th~tt tide to Parcel No. ½30, a Perpetual, Non~Exclusive Road Right-of-Way' Drainage and Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which, vested in Petitioner, COLLIER COU]NTY, FLORIDA, pursuant to the Order of Taking dated September 12, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDER_ED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3310, Page 545 of the Public Records of Collier County, Florida be dismissed as to Parccl No. 130; it is further AGENDA~ ITEM NO. 16 il" / NOV 18 2003 ps. /'/- ORDERED that this Stipulated Final Judgment is ro be racorded in the Official Records of Collier County, FiozSda; ir is ~erefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida.. this day of ,2003. conformed copies HeSdi F. Ashton, Esquire R. Marshall Rainey, Esquire E. Glenn Tucker, Esquire CIRCLrlT COLrRT JUDGE JOINT MOTION FOR STIPUI, ATk-D FINAL JUDGS~NT The Parties hereby stipulate and respectfully request this Court to cuter the foregoing Stipulared Final Jud=maaent as to Parcel No. 130. IL MARSHALL RAIN'E¥, ESQUI~ Florida Bar No.: 794562 ~ WILl,LAMS S~NO'fVL4_GIONE & STE.aJDY, P.A. One Tampa C/I~ Center, Suite 2600 Tampa, FL 33602 (813) 221-2626 - Telephone (8i3) 221-7335 - Facsimile ATTORNEY FOR RESPONDENTS H:EIDI F. ASFITON, ESQUIRE Flor/da Bar No.:' 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami TraiI Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER AGENDA ITel NO. !~./f / f NOV 1 8'2O03 Pg. ,~ P E-RPE'FUAL, NON'.E. XCL[J$1Vi~ RQAD RIGHT-.OF.t,~¥ DRAINAGE AND U'nLrTy EXHIBIT_z~ Pag~ ~f~ ~CT 5~ ~OL0~ C~TE ~TA~ ';'i"' __ ~~ .~,~i~.,i~,,.~ -- X .~ ~~ '~~ , ~~ . ~ ..... ~,~- - ~L D[~CRI~IO/,I FOR P~L A PC~IOH OF T~ 87 ~L .~ PACE 57 OF TH~ ~t-~, .~'---DE,[ GATE ~,AT~ U~'~ TO'~.fD~Ip ¢g SOL~ ~GE 2~ ~T - ~" fLORIDA SIT~ATE D~RI~ED ~ FO~, , ~O~t~R C~UH~, FLORiOA RECOPDS OF C~ER COUNt, ~R~DA; THE PUBLIC ~NOE 5.89'3I'37"~.. AL~tG THE 5A~D NORTH UN~ A ~ST~c~ OF 180.32 ~, TO THE -AGENDA ITEM NO. IA./[' ! &, NOV 18 2003 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 132 IN THE LAWSUIT STYLED COLLIER COUNTY V. DAVID J. FREY, ET AL, GOLDEN (;ATE PARKWAY PROJECT NO. 60027. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 132 for the Golden Gate Parkway project in the lawsuit styled Collier County v. David J. Frey, et al., Case NO. 03-2353-CA. CONSIDERATIONS: On September 12, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 132 for the Golden Gate Parkway project (Project No. 60027)..On October 1, 2003, the County deposited its good faith estimate of $%400.00 into the Court Registry for Parcel 132 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairy compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2003-37). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $12,500.00 to be paid to Respondent, Gerald R. Frey, Trustee of the Gerald R. Frey Trust dated June 25, 1990, as full compensation for the property rights taken as to Parcel 132; and $500.00 for planning fees, which fees are required to be paid by statute. The Court reserves jurisdiction to award attorney fees and appraisal fees. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. '~SCAL IMPACT: Funds in the amount of $3,600.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated. SUBMITTED BY: ~(/~ ~~"~ Date: Heidi F. Ashton, Assistant County Attorney REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~ ~:-n n~-,0~, l~OW Acqm~i~n Manager Tran sportation/ECMJROW ' ~'%-~~.~ Date: Gregg Strakhquse, P.E., Director Transportation/ECM NormjFeaer, Administrator Trantortation Division Distill C~ '~/eige~, ~c~unty t~}ttomey Date: NOV t8 7.1}03 IN THE CIRCUIT COURT OF THE TSVENVrlETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, I:rLORXDA, a political subdivision of the State of Florida, Petitioner, Case No.: 03-2353-CA Parcel No.: 132 VS. 'DAVID J. FREY, et al., Respondents. / STIPULATED FIN.&L JIJI)GMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORDA, by and through the undersigned counsel, ,°md Respondent, GERALD R. FREY, TRUSTEE OF THE GERAI-D R. FREY TRUST DATED SUNE 25, I990, by and throuo~n undersigned counsel, for entry of a Stipulated Final Judgment as ro Parcel No. 132, and it appearing to the Court that the pardes ge authorized to make such Motion, the Court find./ng that the comp='-nsation compensation due TRUST DATED to be paid by Petitioner,' COLLIER COUNTY, FLORIDA, is the full Respondent, GEP,_AI.D R. FREY, TRUSTEE OF TH]~ GERALD R. FRE¥ rUNE 25, 1990, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADILTDGED that Respondent, GERALD P,-. FREY, TRUSTF~ OF TitlE GERA_LD R. FREY TRUST DATED J-u'NE 25, 1990, have and recover from Petitioner, COLLLER COUNTY, FLORIDA, the sum of TWelve Thousand Five Hundred and No/100 Dollars ($12,500.00) for Parcel No. 1'~'~ as tull payment for the propcrty interests taken and~fo~:-dama8e} , resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages ill connection with said parcel; it is thrthsr ORDERED that this Com-[ reserves jurisdiction to award attorney fees p~rsuant to Section 73.092, F.S. and reasonable appraisal fees pursuant to Section 73.09I, F.S.; it is further ORDFAR_ED that Respondent, GERAlrjT) R. FREY, TRUSTEE OF THE GERALD R. FREY TRUST DATED JUNE 25, 1990, receive from Petitioner, COLLIER COUNTY, FLORIDA, thc sum of Five I-Itmdred and Noll00 ($500.00) for planning fees for Parcel 132; it is further ORDERED that the Cl~k of this Court shall disburse the total amount of Ninety-Four FIundred and No/Dollars ($9,400.00) to W-ILLJAMS, SCH2FENO, MAGIOiX,FE & STEADY TRUST ACCOUNT, c/o R. Mar3ha]l Rainey, Esquire, Williams, Schifino, Malone & Steady, P.A., One Tampa City Center, Suite 2600, Tampa, FL 33602, less any amounr, s previously paid for the benefit of Respondent, GERALD R. FKEY, TRUSTEE OF THE GERALD R. FREY TRUST DATED JUNE 25, i990, for full compensation; it is further ORDERED that Petitioner, COLLFFR COUNTY, FLORII)A, shall pay the aggregate sum of Thirtg,--Six Hundred and No/100 Dollars ($3,600.00) with/n thirty (30) days of the date of this Stipulated Final Jud~m'nent, to R. ,MA_RSHAI.I, RAEN"IEY, ESQUIRE, c/o Williams, Schifino, Mag/one & Steady, One Tampa City Center, Suite 2600, Tampa, FL 33602 for the balance of full compensation and planning fees; ir is further ORDER_ED that title to Parcel No. 132, a Perpetual, Non-Exclusive Road Right-of-Way Drainage and Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated September 12, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that thc Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3310, Page 545 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 132: it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida: it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2003. conformed copies to: Heidi F. Ashton, Esquire R. Marshall Rainey, Esquire E. Glenn Tucker, Esquire CI]~.CUIT COURT JUDGE JOINT MOTION FOR STIPULATED FINAL JUDGM'ENT The Parties hereby stipulate and respectfully request th.is Court to enter the foregoing Srip'ulated Final Judgrnent as to Pm-eel No. 132. R. IVlARSI-IALL RAINEY, ESQUirE~ Florida Bar No.: 794562, ~-~ WILLIAMS SCHIF~4XTFAGIONE &" STEADY," P.A. One Tampa CityC~enter, Suite 2600 Tampa, FL 33602 (813) 221-2626 - Telephone (.813) 221-7335 - Facsimile ATTOR'NE¥ FOR RESPONDENff' HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTO RNEY FOR PETITIONER NOV 1 8 20{]3 pg.. fi- PERPETUA-- .~OAn ~, A PO~*IION OF TR~*CT ~7. r'o~.p_.EM ~AT~ ES'I'AT£~, L~i'I~T ~ ~ ~ECOR~ED IN P~T 8GOK 7, TO¥iND~4Ip 4S SO~. ~ANCE 28 ~ST, DE'SCRIBED ~ COU~ENCE A~ ~ST OF ~ID ~ACT 67. A DI~WCE O~ 50.00 ~. TO A FOIH[ ON ~E ~l O~ A ' NOV 18 EXECUTIVE SUMMARY APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPLATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION OF PARCEL 120 IN THE LAWSUIT STYLED COLLIER COUNTY V. CALUSA PINES GOLF CLUB LLC, ET AL., CASE NO. 02-5140-CA (IMMOKALEE ROAD, PROJECT NO. 60018). OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 120 for the Immokalee Road Project (CR 951 to Wilson) in the lawsuit styled Collier County v. Calusa Pines Golf Club LLC, et al., Case No. 02- 5140-CA. CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the lmmokalee Road Project No. 60018 (CR 951 to Wilson). On May 20, 2002, Collier County deposited with the Registry of the Court the sum of $466,400.00 for Parcel 120 in accordance with the Order of Taking. A Mediation Conference was held on October 20, 2003 in which the parties reached a settlement agreement whereby the property owners, Cleary Holdings LLC and Collier Equestrian Center LLC, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-511). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $642,5(}0.00 to be paid to Respondents in full settlement of all claims for compensation including statutory interest, but excluding experts' fees and costs. Petitioner shall also pay the additional sum of $51,645.00 as statutory attorney fees pursuant to Section 73.092, F.S. The Mediated Settlement Agreement requires Collier County to pay an additional amount of $227,745.00 equaling the balance of full compensation and attorney fees. FISCAL IMPACT: Funds in the amount of $227,745.00 are available from the Transportation '~'XSupported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the expenditure of funds as stated; 2. approve the Mediated Settlement Agreement; and o approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ,,~'~i-~e~c~s', RO~ A~f~tion Manage Transp°rt~°n/EC~/_R_~W/ Gregg ~akal&e, fiE., ~irector Tra~ Date: No~ede[~mipi?rator Tran~o~ation Division David C. Weigeli~ounty Att~ey NOV 18 2003 P~,. 2. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORDA, a political subdivision of the State of Florida, Petitioner, CALUSA PINES GOLF CLUB LLC, et al., Defendants. CASE NO.: 02-5140-CA PARCEL NO.: 120 MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on October 20, 2003, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Defendant(s), C-¥'ezlco,¢ /'/°/a/tV5 /-/"~'~ the sum of $ 0 ~/~ ~-oO. °?Joo in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, but excluding attorney's ro~3, expert's fees, q~rSvo~,~c -tv ~ 7F. oqoq, ,~/ortda 5~ 2. Petitioner is entitled to a credit in the amount of $ q~., ~'~0'. ~./Jol> which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved form of Stipulated Final Judgment o.f this matter as soon as practical hereafter. 3O Petitioner will pay Defendant(s) the balance due of $ 0oq 7)7q5'. 0%0 6 days of the entry of the Stipulated Final Judgment by the Court. within 5_ This Agreement is subject to approval by the Board of County Commissioners of Collier County. 6. The Court will retain jurisdiction herein as to the matter of Defendants attorney's fees, expert's fees, costs, and expenses. Attached hereto is an Addendum to this Agreement. v// Yes No agreements of the parties. Petitioner ~e"~ S -r~.,6ve~ c t/.-~ This Agreement and the attached addendum, if any, contain(s)all of the ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: ^ttomey for Petitioner EXECUTIVE SUMMARY APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPLATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION OF PARCEL 112 IN THE LAWSUIT STYLED COLLIER COUNTY V. NORMA E. BANAS, ET AL., CASE NO. 02-5137-CA (IMMOKALEE ROAD, PROJECT NO. 60018). OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 112 for the Immokalee Road Project (Wilson to 43ra Street) in tne lawsuit styled Collier County v. Norma E. Banas, et al., Case No. 02-5137-CA. CONSIDERATIONS: On May 13, 2003, an Order of 'Faking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Immokalee Road Project No. 60018 (Wilson to 43rd Street). On May 20, 2002, Collier County deposited with the Registry of the Court the sum of $139,750.00 for Parcel 112 in accordance with the Order of Taking. A Mediation Conference was held on October 6, 2003 in which the parties reached a settlement agreement whereby the property owners, Stanley Fogg, Jr., Theresa M. Fogg, and Fogg's Nursery and Mulch Supply, Inc., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-511). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $241,000.00 to be paid to Respondents in full settlement of all claims for compensation including statutory interest, but excluding experts' fees and costs. Petitioner shall also pay the additional sum of $29,040.00 as statutory attorney fees pursuant to Section 73.092, F.S. The Mediated Settlement Agreement requires Collier County to pay an additional amount of $130,290.00 equaling the balance of full compensation and attorney fees. ISCAL IMPACT: Funds in the amount of $130,290.00 are available from the Transportation ~c[~Tand Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the expenditure of funds as stated; 2. approve the Mediated Settlement Agreement; and AGENDA ITEM~ I No. NOV 1 8 2003 Pg._ / ._ o approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. SUBMITTED BY: REVIEWED BY: REVIEWED BY- REVIEWED BY: APPROVED BY: H ' ' shton, Assistant County Attorney Kevin Hendricks, ROW Acquisition Manager Gregg Strakaluse, P.E., Director Nto~/n Feder., Ad_ministrator T~nsportation Division IJ~v~d ~. We~geT,'~our~j Attorney Date: Date: /O/~'~' Dat~ Date: Date: AGENDA ITE~ NO¥ 1 8 2003 1N THE cIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT 1N AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, NORMA E. BANAS, et al. Defendants. Case No.: 02-5137-CA Parcel No.: 112 MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on the 6th day of October, 2003, the parties reached the following Settlement Agreement: 1. PetitionerwillpaytoDefendant(s), 5tan/e,,, , og.q; :rt.. er .so the sum of$ ~q~ ~. ~oo in ~11 settle~en~fall claims for compensation Eom Petitioner whatsoever, including statuto~ interest, but excluding ~ expe~'s fees, and costs. ~ ~~ry ~o~' (~S, ~urs~ ~ ¢~rt~ ~~ ~ 2. Petitioner is entitled to a credit in the amount of $ was previously deposited in the Registry of the Court in this case by Petitioner. which 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. 4. Petitioner will pay Defendant(s) the balance due of$ i0/,~_~0. °°/~otm within ,~t~ days of the actual date of receipt by Petitioner's counsel ora conformed copy of the aforesaid Stipulated Final Judgment from the Court. No. NOV I 8 211 3 5. This Agreement is subject to approval by the Board of County Commissioners of Collier County. 6 The Court will retain jurisdiction herein as to the-matter of Defendant's attorney's fees, expert's fees, and costs. Attached hereto is an Addendum to this Agreement. x// Yes No x<~//~//~~agree~ents of the ' P~tii~ ~'"~'~'~ J. Attorney for Petitioner This Agreement and the attached Addendum, if any, contain(s) all of the 2 4~ ~ 21103 ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: EXECUTIVE SUMMARY RECOMMENDED THAT THE BOARD CONSIDER RATIFYING A SETTLEMENT AGREEMENT IN THE CASE OF EMERALD LAKES RESIDENTS' ASSOCIATION v. COLLIER COUNTY, CASE NO. 02-2364-CA. OBJECTIVE: To obtain Board of County Commissioners ("Board") ratification of a settlement agreement in the case of Emerald Lakes v. Collier County, Case No. 02-2364- CA, Twentieth Judicial Circuit in and for Collier County, Florida. CONSIDERATIONS: Emerald Lakes Resident's Association ("Emerald Lakes") filed a Complaint for Declaratory Relief in Case No. 02-2364-CA alleging that Collier County Ordinance 02-24, an Amendment to the Collier County Comprehensive Plan ("Amendment"), was void because the Ordinance was not properly advertised, the title was not legally sufficient, and violated the single subject requirement for ordinances. Buckley Enterprises, Warstler-Schrage Development Co., LLC, Hiwassee, Inc. and Richard H. Evans (collectively "the Intervening Parties") intervened as parties to the lawsuit because the Comprehensive Plan Amendment re-designated their respective parcels of land. Emerald Lakes additionally challenged Ordinance 02-24, in a separate administrative hearing before the Department of Community Affairs ("DCA"), on the ground that it was not "in compliance" with the County's Comprehensive Plan as defined by Section 163.3184(1)(b), Florida Statutes in Emerald Lakes Residents' Association, Inc. v. Board of County Commissioners, and the Department of Community Affairs, Case Number 02- 0390GM. The Intervening Parties also intervened in this lawsuit. After concluding proceedings in the administrative hearing, the DCA rendered its Final Order, which found the Ordinance "in compliance." This Final Order was appealed by Emerald Lakes in Case No. DCA03-GM-103, which is pending in the Second District Court of Appeal. On October 27, 2003, at a Court mandated Mediation Conference in Case No. 02-2364- CA, Emerald Lakes and the Intervening Parties entered into a Settlement Agreement ("Agreement") to be filed in Case No. 02-2364. The Agreement requires that Emerald Lakes dismiss both their Complaint for Declaratory Relief in Case No. 02-2364-CA and their Appeal in Case No. DCA03-GM-103 against Collier County with prejudice, effectively ending the litigation against the County. In exchange, Intervening Parties and their agents collectively agree to construct certain amenities and to pay Emerald Lakes $37,800 for their attorney fees. Buckley Enterprises further agrees to abide by certain commitments desired by Emerald Lakes. Because the County is not a party to the Agreement and has made no commitments to any one in the Settlement Agreement, Collier County is not a signatory to the Agreement. A~ENDA~IT[I~I '~'"'-- NO. _[ NOV ! 8 2003 pg. FISCAL IMPACT: The County will save the future costs of any further litigation of the two aforementioned lawsuits, but there will be no additional costs to the County if the Agreement is ratified. GROWTH MANAGEMENT IMPACT: Collier County Ordinance 02-24, an amendment to the Collier County Comprehensive Plan will remain in effect, as adopted by the Board. RECOMMENDATION: That the Board ratify the attached Agreement. PREPARED BY: Jenn"i~e~ ATgelp d~, Assist. ant County Attorney DATE: REVIEWED BY: Stan Litsinger, g Manager APPROVED BY: David C. Weigel, County DATE: 2 NO. NOV 1 8 2003 GOODLEllE COLEMAN Fax:239-q35-1638 Oct 30 2003 lq:17 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION EMERALD LAKES RESIDENTS' ASSOCIATION, INC., Plaintiff, COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida Case No.: 02-2364-CA Defendant, BUCKLEY ENTERPRISES; WARSTLER- SCHRAGE DEVELOPMENT CO.. LLC; HIWASSEE, INC., and RICHARD EVANS Intervenors_ SETTLEMENT AGREEMENT Plaintiff, EMERALD LAKES RESIDENTS' ASSOCIATION, INC., Intervenors, BUCKI.Ey ENTERPRISES, WARSTLER-SCHRAGE DEVELOPMENT CO., LLC, HIWASSEE, INC. and RI(?HARD EVANS, enter into this Settlement Agreement this 27~' day of October, 2003, and agree as follows- 1. Intervenor, BUCKLEY ENTERPRISES, shall develop the parcel known as the Buckley Parcel in accordance with the attached conceptual site plan which has been prepared by Land Development Group, Ii.C, in anfic/pation of development of thc parcel. 2. BUCKLE5/ agrees that any sale of the parcel shall include the terms of taxis Agreement as the terms of development of the parcel and specifically agrees to include the following requirements for the protcc~on of the residents of Plaintiff, EMERALD LAKES: A6F. ND~. ITEM, . NO. NOV 1 8 2003 GOODLETTE COLEMAN Fax:239-435-1638 Oct 30 2003 14:17 p.r~ A. A finished masonry or concrete wall berm combination shall be constructed to a heighI o£at lea:~t eight feet (8') along the we.stem boundary of the parcel to serve as a buffer between BUCKLEY'S property sad EMERALD LAKES' property. B. A six foot (6') finished masonry or concrete wall/berm shall be constructed at the north west con.-. of the northern boundary line for approximately eighty feet (80') to shield the residential area of EMERAI. D LAKES from the parking lot. C. All street lights and lights of any nature whatsoever shall be fitted with shmlds in order to protec- the residential area of EMERALD LAKES fi:om direct light, glare and/or reflecting l/ght or/ginating on t~hc paro:.,I. D Items A and B above shall begin immediately upon the initiation.of construc~on on thc m E. The developer shall install landscaping that within five (5) years of plantings will be s,'/~cicr~t block the view of the buildings constructed on the western boundary of the property. At least thmy (30) d.a~,~ p to the Board of County Comm/ssioners consideration of the PUD petition, developer shall provide EM~:~R A LAKES a cross section of the proposed landscaping plan. EMERALD LAKES shall, within fifteen (15) &~3~ c,f tk.~. receipt of the plans, review the landscaping plan and provide any comments it may have to the de¥'elope; Developer shall incorporate all reasonable revisions to the plan requested by E~D I~AKES The will be installed prior to any Certificate of Occupancy being issued for the project. 3. Any landscaping owned .by EMERAI~ LAKES, such as the Areca Palms, that are damaged o.,' des~roye, a result of the construction or maintenance of the development of the project shall be replaced by thc develo.~r with a planting of equal or greater maturity. EMERALD LAKES, its associations, agents and representatives, agree to support and speak in favo: o fthe development of the parcel as outlined by this Agreement at any and all public meeKngs including but not lira/ted the Collier County Plarming Commission and/or the Colliex County Board of County Commissioners. 5. EMERALD LAKES attorney's fees in the amount of $37,800 shall be paid by the Intervenors and shall be paid 30 days after the PUD rezone request has been approved by the Collier County Board of County Commissioners and only if no appeal has been filed. The att°mey's fees shall be I: NO. / d::, I NOV 1 il 2003 Pg. UOODLtlIk COLEMAN kax:23Y-435-1~3B Oct 3U 2UU3 14:1/ P.U~ Buckley Hawassee Warstler-Schrage Evans Land Development Group, LLC $27,8O0_00 $ 2,500.00 $ 2,500.00 $ 2,500_00 $ 2,500.00 All other parties agree to pay the/r own attorney's fees_ 6. EMERALD LAKES agrees not to discuss the terms of this Agreement with any other homeownc:~:s. homeowners' associations, or other part/cs outside oft he EM]SRAI_D LAKES RESIDENTS' ASSOCL~TI()?~, INC. 7. Attorneys for BUCKLEY and EMERALD LAKES agree not to represent any other purees regardm~ ~ssues m this matter, or any related issues other than enforcement of this Agreement. However, the auomey Bucldey may represent Bucldey in a rezoning petition to unPlement ti'us Agreement. 8. EMERALD LAKES agrees to dismiss this suit and Case No. DCA 03-GM-- 103 now pendin~ in lhe D~strict Court of Appeal W~th prejudice as to all parties named in these suits including the defendan! mterven(~r~, upon the filing of this Agreement wtth the Court. 9_ BUCKLEY agrees that no greater residential density than eleven dwelling (11) units pe~ acre shall requested on the parcel. I0. This Agreement ~s intended to and shall run w/th the Buckley parcel and shall be binding on all as.s~gns. hetrs, purchasers and executors. 11 The parties agree that this Agreement may be enforced by specific performance. 12. By November 13, 2003, BUCKLEY shall provide a copy of any letters received from governmental relating to the env/ronmental stares of the land. B1L/CKI.EY and LAND DEVELOPMENT GROUP, I.LC:, develops the property, shall be bound by all applicable environmental laws. 13. The parties that execute this Agreement represent and warrant they are authorized to bind their rc.'spcctiw: clients and related entities. NO. /4~' NOV 1 8 2003 GOODLETTE COLEMAN Fax: 239-435-1638 Oct 30 2003 14:17 P. 05 David W. Rynders, Esquire ~/ Attorney for Plaintiff Emerald Lakes Kehneth P. Engler Authorized Representative Richard D. Yovano"~ch, Esquire' Attorney for Intervenors Buckley Enterprises, Warsflea'-Schrage Development Co., LLC and Hiwassee, Inc. Attomey for Intervenor Richard H. Evans This Agreement is consented to and agreed to by Land Development Crtoup, L[.C> m the ¢~venz ~t acquires the Bucklcy parcel. Land Development G'rou~.LC AGENE~AJTEM NO. ~ I TM NOV ! 8 2003 Pg. ~ EXECUTIVE SUMMARY APPROVE THE SETTLEMENT AGREEMENT RELATIVE TO A CODE ENFORCEMENT LIEN IMPOSED ON PROPERTY LOCATED ON 1020 DESOTO BLVD., NAPLES, FLORIDA, AND UPON TRANSFER OF PROPERTY TO COLLIER COUNTY, AUTHORIZE THE EXECUTION AND RECORDING OF A RELEASE OF LIEN. OB.JECTIVE: To approve the settlement offer made by the new owner of a 1.64 acre parcel located at 1020 DeSoto Blvd., Naples, Florida (the "Parcel"), with respect to a code enforcement lien imposed against the Parcel pursuant to an Order Imposing Fine/Lien in Board of County Commissioners, Collier County, Florida v. Calixto and Brenda Lazo, CEB Case No. 2001-006, and recorded at Official Record Book 2860, Page 1524, et seq. CONSIDERATIONS: An Order Imposing Fine/Lien was entered by the Code' Enforcement Board on July 10, 2001 in Board of County Commissioners, Collier County, Florida v. Calixto and Brenda Laz% CEB Case No. 2001-006. The lien represents a fine of $75 per day for noncompliance with the Board:s Order for the period of April 9, 2001 through April 10, 2003, plus $2,500 for the cost of removing the debris and $705.26 for the operational costs associated with the prosecution of that violation. The lien continues to accrue at $75 per day until such time as the violation has been abated or judgment is obtained in a foreclosure suit. By Special Warranty Deed dated July 17, 2002 and recorded at Official Record Book 3074, Page 2141, in the Public Records of Collier County, Florida, Lazo conveyed the Property to the current Property Owner, American Prime Group, Inc. The subject property is assessed at $10,660.00. Due to the expense in re-vegetating the site in order to cure the violation, the Property Owner has offered to convey all interest in the Parcel to Collier County, by Warranty Deed, in lieu of foreclosure and in exchange for Collier County granting the Property Owner a Release of Lien. Staff recommends that the County accept the Property Owner's offer and that upon transfer of the property to the County, that the Board of County Commissioners waive all interest in the lien and release it. In addition, due to the nature of the violation and the expense in curing the violation, staff requests direction that no curative action be ,mandated by this Board. FISCAL IMPACT: Recording fees and documentary stamp taxes in the amount of $86.90. Waiver of lien in the approximate amount of $74,000.00. G R O W T H MAN A GE ME mT IMPACT: None. ~O.C~.~/~~._ NOV ! 8 2003 Pg. / RECOMMENDATION: That the Board of County Commissioners: Approve the proposed Settlement Agreement and authorize its Chairman to sign; Authorize its Chairman to execute a Release of Lien following transfer of the Parcel to the County; and Direct staff to record the Release of Lien in the Public Records of Collier County, Florida, and to take no curative action to re-vegetate this property. Ellen T. Chadwell Assistant County Attorney Date: Michelle Edwards Arnold, Director Code Enforcement Department APPROVED By:/~~,~{~'- e~~-- /J~eph Schmitt, ~d~ninistratorl [ 7ommunity Development Services David C. Weigel, ~°finj~ Attorney Date: Date: Date: l t /,,~/ O ,.g NOV 1 8 2003 pg. '~ SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into and made on this ~ day. of November, 2003, by and between Collier County (the "County") and AMERICAN PRIME GROUP, 1NC. ("Property Owner"), with respect to an Order Imposing Fine/Lien entered by the Code Enforcement Board of Collier County, and relating to the property located at 1020 DeSoto Blvd., Naples, Florida 34117-9141, more particularly described as Folio No. 0000041105960004 (the "Property"). WITNESSETIt: WItEREAS, on July 10, 2001, the Code Enforcement Board of Collier County ("Board") enter'ed an Order Imposing Fine/Lien in Board of County Commissioners, Collier County, Florida v. Calixto and Brenda Lazo, CEB Case No. 2001-006 for failure of Calixto and Brenda Lazo to take corrective action of a code violation; and WItEREAS, a lien was created on July 17, 2001, upon the recordation ora certified copy of the Order Imposing Fine/Lien at Official Record Book 2860, Page 1524, et. seq., in the Public Records of Collier County, Florida (the "Code Enforcement Lien"); and WHEREAS, by Special Warranty Deed dated July 17, 2002 and recorded at Official Record Book 3074, Page 2141, in the Public Records of Collier County, Florida, Lazo conveyed the Property to the Property Owner; and WHEREAS, the Property Owner desires to convey the Property to the County in lieu of foreclosure; and WHEREAS, it is the County's and the Property Owner's desire to release all personal and other real property of the Property Owner from application of the Code Enforcement Lien, and to reduce their settlement to writing and to be bound by the terms of this Agreement. NOV 1 8 2003 NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement, the sufficiency of which is hereby acknowledged by Parties and with the intent to be legally bound hereby, the County and the Property Owner mutually agree as follows: 1. The Parties agree that the foregoing recitals are true and correct and said recitals are incorporated by reference into the terms of this Agreement. 2. The Property Owner shall transfer all interest in the Property to Collier County, by Warranty Deed, within fifteen (15) days of the execution of this Agreement by the Chairman of the Board of County Commissioners. 3. Upon recordation of the Warranty Deed referenced in Paragraph 2, the County shall forever release the Property Owner, and all personal and real property owned by the Property Owner, from the Code Enforcement Lien by executing a Release of Lien in the form attached hereto as Exhibit "A", and recording this instrument in the Official Records of Collier County, Florida. 4. The Property Owner represents and warrants to the County that it owns the Property as of the time of the execution of this Agreement. 5. This Agreement has been entered into freely and voluntarily by the Property Owner after having been apprised of all relevant information concerning this Agreement and the consequences thereof. 6. The Property Owner acknowledges and agree that the terms of this Agreement are subject to the approval of the Board of County Commissioners at a duly noticed public meeting of the Board and that the terms hereof shall not be binding on any party until formally accepted AGEND ,1' M and approved by the Board of County Commissioners. NO. ~ 7 NOV ! 8 2003 2 pg. ~ 7. The parties agree that this Agreement supersedes and replaces all prior Agreements and the understanding that it constitutes the entire Agreement between the Property Owner and the County and that there exists no other Agreements, oral or written, between them relating to any of the matters covered by this Agreement or any other matter whatsoever. In executing this Agreement, the Property Owner does not rely upon any inducements, promises, or representations, other than those expressed in this Agreement. 8. In the event that the Property Owner fails to transfer its full interest in the Property pursuant to Paragraph 2 above, said failure shall constitute a full and complete breach of this Agreement. The parties acknowledge and agree that the entering into this Agreement shall in no way impair or alter the validity or enforceability of the Code Enforcement Lien and that, in the event the Property Owner fails to transfer their interest, the County may proceed with the pending Code Enforcement Case styled Board of Countw Commissioners, Collier County, Florida v. Calixto and Brenda Lazo, CEB Case No. 2001-006, and may initiate an action to foreclose the Code Enforcement Lien against the Property Owner. 9. This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the Property Owner 'and the County have executed this Agreement on the day and year first written above. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Date: Tom Henning, Chairman AGENDA IT, EM NO. N0V 1 8 2003 AS TO PROPERTY OWNER: AMERICAN PRIME GROUP, INC. 5805 Blue Lagoon Dr., Ste. 480 Miami, Florida 33126 Witness By: Print Name: Print Name: Witness Print Title: Print Name: was THIS SETTLEMENT AGREEMENT between the Property Owner and Collier County acknowledged before me, the undersigned authority, by. , as of AMERICAN PRIME GROUP, INC., this day of ,2003. Signature of Notary Public Personally Known Produced identification Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: Type of Identification Produced Approved as to form and legal sufficiency: ELLEN T. CHADWELL Assistant County Attorney 4 AGEND T NO. ~ NOV ! 8 2003 RELEASE OF LIEN This is to certify that the claim of lien arising out of the Order Imposing Fine/Lien dated July 10, 2001, on behalf of Collier County, Florida, and recorded in O.R. Book 2860, Page 1524, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, which is owned by Calixto and Brenda Lazo, American Prime Group, Inc., has been satisfied by transfer of all interest in the Property to Collier County, by Warranty Deed from American Prime Group, Inc. to Collier County. The North 105 feet of Tract 67, Golden Gate Estates, Unit 84, according to the Plat thereof, as recorded in Plat Book 5, Page 23, Public Records of Collier County, Florida. Folio No. 41105960004 The undersigned is authorized to and does hereby release its lien as to the whole of the above-described real property, and all other real and personal property owned by Calixto and Brenda Lazo, American Prime Group, Inc., and consents to this lien being discharged of record. Dated this day of November, 2003. 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: Ellen T. Chadwell Assistant County Attorney N0¥ 1 8 2003 ? __J EXECUTIVE SUMMARY APPROVE THE MEDIATED SETTLEMENT AS TO PARCEL 125, 702, 703, 825A, AND 825B IN THE LAWSUIT ENTITLED COLLIER COUNTY V. EDITH G. STREET, ET AL., (Goodlette-Frank Road Project 60134) Total cost of $346,250.00. OB~IECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and Stipulated Final Judgment as to Parcels 125, 702, 703, 825A, and 825B in settlement of the lawsuit entitled Collier County v. Edith G. Street, et. al, Case No. 02-1906-CA. CONSIDERATIONS: On February 12, 2003, the Board approved Resolution No. 2002-97 authorizing staff to acquire by condemnation the right-of-way, drainage, and temporary construction easements necessary for the construction of the .six-laning of Goodlette-Frank Road. On May 14, 2002, the Office of County Attorney filed a condemnation action for the acquisition of five parcels designated as Parcel Nos. 125,702, 703, 825A, and 825B. Two of these parcels, identified as Parcels 825A and 825B, will be acquired for the construction and maintenance of storm water retention ponds. These parcels were acquired from contiguous lots in the Pine Ridge Subdivision owned by Edith G. Street. An Order of Taking was entered by the Court on September 5, 2002. The County deposited the sum of $938,750 as a good faith estimate of value, pursuant to the Order of Taking. The Respondent, Edith G. Street, asserted a substantial claim for severance damages as a result of the acquisition of the retention ponds, Parcel 825A and 825, and the right-of-way, Parcel 125. The property is subject to restrictive covenants acquiring a minimum lot width of 140 feet for any building on the property, and the acquisition of Parcel 125 from one of lots (Lot 1) reduced the width of the remainder property to less than 140 feet. The property owner claimed damages resulted from her inability to build a residence on Lot 1. The total damages asserted by the property owner amounted to $380,319. In addition the property owner claimed the value of the parcels taken by the County was $1,005,819, based on a unit value of $9.50 SF. In total the property owner was claiming compensation in the amount of $1,386,138. According to the County's appraiser, the fair market value of the property taken amounted to approximately $968,000, or a unit value of $8.25 SF, as of the date of deposit. The property owner noticed the case for trial in June and trial was set for a 5-week thai docket being January 24, 2004. Pursuant to the Order Setting Jury Trial, the parties attended mediation on October 22, 2003. At mediation the parties negotiated the attached Settlement Agreement whereby the property owner, Mrs. Street, accepts $346,250 as payment for full compensation, all attorney fees, expert witness fees and all other costs. In the instance the statutory pre-suit offer was made in the amount of $841,625, which resulted in a benefit of $443,375 from which attorney's fees are calculated pursuant to {}73.092, Fla. Stat. The total costs including planning expert, appraisal expert fees, attorney's fees, deposition and otheT _di_qcc~ver~, co~t~ were negotiated down to $105,000. In consideration of this sum of $346,210 th ~c~t~¢~ee[ has NOV 1 8 20t)3 agreed to convey the remainder of Lot 1 to the County, and to cooperate with the County, should the County desire to surplus the property, in obtaining a lot line adjustment. Staff considered a number of factors in negotiating this purchase and believes this settlement to be reasonable and in the best interest of the County. These factors are as follows: Total exposure in litigation, including attorney's fees and property owner's defense costs estimated at $643,516 ($447,388 in additional compensation $156,128 in attorney's fees, and $40,000 in defense costs). County's own costs of litigation including expert fees, court reporting fees, discovery costs, and the like, estimated at $25,000.00. o Current fair market value of the remainder property (Lot 1) of approximately $310,000; fair market value of property as of the date of deposit is approximately $258,400. Potential uses of the remainder property (.75 acres) for additional storm water retention for future Goodlette-Frank Road improvement south of Pine Ridge Road. Acquiring the remainder property allows the property owner to avoid the impact resulting from the taking that she claims to suffer from the existence of retention ponds and the reduction in lot width. In exchange the County gets property that can be utilized for its future project. In the event the County later determines that remainder property is not needed for such purpose, the agreement provide that Mrs. Street will convey to the County additional land as may be needed to create the 140 foot width so that property can be sold with the certainty of future residential development. The specific terms and conditions are contained in the Settlement Agreement and the Stipulated Final Judgment, which are attached hereto. In light of the risk of going to trial, the potential damages and the cost in prosecuting the matter in trial, staff believes that acquiring the remainder of Lot 1 is a reasonable solution for both the County and property owner. In short, County dollars will be spent for acquiring land that can be used for future storm water purposes or such other purposes as the County deems appropriate, as opposed on being spent on litigation cost and potential damages in the event of an adverse jury verdict. In light of the current value of this property at $295,000 and the difference between the settlement amount and the best case scenario of $968,000, the County is only paying $22,000 additional compensation, fees and costs. FISCAL IMPACT: Funds in the amount of $346,250 are available in the FY 2004 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: and the Transportation Element of the Collier County Growth Manage~_en_t' Pla__n.. Consistent with the Capital Improvement Element AGEND~ ITEM NOV 1 8 2003 Pg. 2 RECOMMENDATION: That the Board of County Commissioners: find that a public purpose exists for the acquisition of the remainder property identified as Lot 1, Pine Ridge Subdivision, Block I; 2. approve the Mediated Settlement Agreement; 3. approve the expenditure of the funds as stated; accept the Mediated Settlement Agreement and authorize Chairman to sign the agreement; 5. accept the conveyance of Lot 1 pursuant to the Mediated Settlement Agreement; direct staff to record all instruments as necessary to effectuate the conveyance and the terms of the Settlement Agreement; and SUBMITTED REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: approve Stipulated Final Judgment. B Y.'~~_~ I J~,~~ Date: Ellen T. Cffadw~ Assi~stant~{fnty Atto~o.y~- ~ *~/~~'~ Date: .~n~en~'~ql~c~:s~ ~,0V~ A~l~tio~ Manager ~ '~~J//.~------~ _ Date: Gregg ~trakaluse, Director, Trans/ECM ¢~~~ Date: No/rn/an Feder, Administrator Tra~portation Division /~~~~ Date: David C. Weigel County Attorney / I(- o 4 - o~ 3 NOV I 8 2O03 Pg. ~ _r~13 ? 1D IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, EDITH G. STREET, et al., Defendants. CASE NO.: 02-1906-CA PARCEL NOS.: 125, 702, 703, 825A & 825B MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on October 22, 2003, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Defendant(s), the sum of$ I ) ! gOt ODO. ~°~oo in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, b,,, ............. and ccst~ ~p~'~~ 5hail p~y 7g~ Ct~t~ib',nOt/5'U,~,4 C~'~105'j 6t90. °°~00 . 2. Petitioner is entitled to a credit h the amount of $ ~ 7~. ~o which was prehously deposited in the Re~ of the Cou~ ~ t~s case by Petitioner. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. 4. Petitioner will pay Defendant(s) the balance due of $ .~q'~;.,,::95'O. °Oe/~O within .~O days of the entry of the Stipulated Final Judgment by the Court. AGENDA ITEM ' NO._' I'~j ~'-~'. NOV ! 8 2003 Pg. 5. This Agreement is subject to approval by the Board of County Commissioners of Collier County. Attached hereto is an Addendum to this Agreement. N/// Yes No agreements of the parties. Petitioner Attorney for Petitioner This Agreement and the attached addendum, if any, contain(s) all of the Dkefendant ' Defendant Attorney for Defendant(s) AGENDA IT_EM No..A It~ T~Y NOV ! 8 2003 ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: J AGENDA ITEM NO.. '1 ~- ~t... (~ NOV 1 8 2003 ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: I¢ } /i i * t I I Petition' "~ Defend~ Attorney for Petitioner Defend~t ~diatov Atto~ey for Defendant(s) AGENI;)~ ITEM NO.. NOV 1 8 2003 Pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COl J ,IER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, EDITH G. STREET, et al., Respondents. CASE NO. 02-1906-CA PARCELS: 125,702, 703,825A & 825B STIPULATED FINAL JUDGMENT CAUSE. having come before the Court upon Joint Motion THIS made by Petitioner, COI JJER COUNTY, and Respondent, EDITH G. STREET, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 125,702, 703,825A, and 825B, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, EDITH G. STREET, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, EDITH G. STREET, have and recover from Petitioner, COI J .IER COUNTY, the sum of One Million One Hundred Eighty Thousand and No/100 Dollars ($1,180,000.00) for Parcel Nos. 125, 702, 703, 825A, and 825B, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcels, inclusive of the good faith estimate of value; it is further ORDERED that Respondent, ED1TH G. STREET, shall receive from Petitioner the sum of One Hundred and Five Thousand and No/100 Dollars ($105,000.00) in TuIl~~q~Aa3F: .o._' w. claims for attorney's fees, planning and appraisal expert witness fees, and all ,thermals] ~x~r~ as provided herein, no other attomey's fees and costs shall be awarded in connection with the above- styled cause as it relates to these parcels; it is further ORDERED that the Petitioner shall pay to the total amount of Three Hundred Forty-Six Thousand Two hundred Fifty and No/100 Dollars ($346,250) within thirty (30) days of the date of this Stipulated Final Judgment to GOODI~ETTE, COLEMAN & JOHNSON Trust Account c/o Richard D. Yovanovich, Esquire, 4001 Tamiami Trail N., Suite 300, Naples, FL 34103, it is further ORDERED that title to Parcel Nos. 125, 702, 703,825A and 825B, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 5, 2002, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the terms of the Mediated Settlement Agreement entered into by the parties on October 22, 2003, and having been approved by the Board of County Commissioners on November 18, 2003, are incorporated herein and made a part hereof; it is further ORDERED that the Respondent shall convey all of her interest, right and title in Lot 1, Pine Ridge Subdivision, Block 'T', to the Petitioner simultaneously with the receipt of payment from the County; it is further ORDERED that Respondent shall consent to a lot line adjustment between Lots 1 and 2 if requested by Petitioner and shall cooperate with Petitioner to the extent necessary to obtain such lot line adjustment; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3036, Page 2602, of the Public Records of Collier County, Florida and it is further AGENDA'ilEM NOV 1 8 2003 2 ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further ORDERED that this Court reserves jurisdiction for enforcement of this Stipulated Final Judgment; it is therefore DONE AND ORDERED at Naples, Collier County, Florida, this __ day of November, 2003. TED BROUSSEAU CIRCUYI' COURT JUDGE Conformed Copies to: Ellen T. Chadwell, Assistant County Attorney Richard D. Yovanovich, Esq. E. Glenn Tucker, Esq. Jack E. Leon Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCELS 125~ 702~ 703, 825A~ AND 825B Petitioner, COI,IIER COUNTY, by and through its undersigned attorney, together with Respondent, EDITH G. STREET, respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel Nos. 125,702, 703,825A, and 825B. Dated: November __., 2003. Dated: November ,2003. RICHARD D. YOVANOVICH, ESQ. Florida Bar No. GOODI.ETI'E, CO! ~EMAN & JOHNSON, P.A. 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 ELLEN T. CHADWELL, ESQ. Florida Bar No. 983860 COUNTY, rT:F~ Harmon Tu r~eLl~.: ~' "(~7-[C ~ 3301 East ~1 am~arm ~rmi - NOV 1 8 2003 Pg. 239/435-3535 - Telephone 239/435-1218 - Facsimile ATORNEY FOR RESPONDENT, Naples, Florida 34112 239/774-8400 - Telephone 239/774-0225 - Facsimile FOR PETITIONER CERTIFICATE OF SERVICE I hereby certify that a tree and correct copy of the foregoing Joint Motion for Stipulated Final Judgment has been furnished by U.S. mail to the parties set forth below. Ellen T. Chadwell, Esq. Edith G. Street c/o Richard D. Yovanovich, Esq. GOODLETTE, COl~EMAN & JOHNSON, P.A. 4001 Tamiami Trail N., Suite 300 Naples, FL 3410 Florida Power & Light c/o Jack E. Leon, its Registered Agent 9250 W. Flagler Street Miami, FL 33174 Guy Carlton, Collier County Tax Collector c/o E. Glenn Tucker, Esq. RHODES & TUCKER P. O. Box 887 Marco Island, FL 34146 4 AGENDA ITEM, NO._ [.~}I~E~ NOV 1 8 2003 PROJECT NO. : __.___~6O_~L~_~ PROJECT PARCEL NO. :.-._._]2,~. TAX PARCEL NO. ;.J~_'~j..~ GRAPItlC SCALE 200' ( iN ~n~.T ) i inch : 200 ft. FE~ SIMPI.E INTEREST ,ida Cortl~cate tim 5565 LEGEND: O.R. INDICATES OFFICIAL RECORDS PG. INDICA1ES PAGE P.C.P. INDICAIES PERMANENT CQNIHOL POINT NOtt_S: t. ?ills 15 HOl A SUIIV[¥. 2, DEARING5 511OWN }I£REON ARE UASED ON ~[ [AS1 RIGIiT OF WAY LINE ~F GO~LE11E-FRAN~ RSAD ~tlCll HAS A ~/ARING OF N. 07'8B'12" E. 3. SHB~CT lO EASEMENTS. RESERVATIONS AND RES1RICIiORS OF RECORD. 4. NOT VADD ~JJl~T S11[E1 2 OF 2. AGI NO. %1<1£ loll AND I)ESCRIPI'K)N NC SECTION lC), 'IOWNStlIP 49 SOUIH, RANGE 25 AST COLLIER COUNTY, FLORIDA I Pg' JOHNSON ENGINEERING. INC~ ......... ENOINEER~ 8URVEYDR~ AND 2003 PROJECT NO. :__ PROJECT PARCEL _NO. TAX PARCEL "O. ; (o._'~_~_~_~_~_~_~ EXHIBIT A 2 of 8 DESCRIPTION: PARCEl_ 125 A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT TIlE SOUTHEAST CORNER OF IHE SOUTtlWEST QUARIER OF SECTION 10, TOWNSltlP '~9 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTB B9'10'29" WEST ALONG THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 141.24 FEET; IHENCE RUN NORIH O0'49'51" WEST, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING ON THE NORTHERLY RIGHT-OF-WAY LINE OF PINE RIDGE ROAD (COUNTY ROAD NO. B96); FROM SAID POINT OF BEGINNING RUN SOUTH 89'10'29" WEST ALONG SAID NORTHERLY RIGItT-'OF-WAY LINE, A DIS'lANCE OF 460.45 FEET; THENCE RUN NORTH 45'15'21" WEST, A DISTANCE OF 25.6.5 FEET TO AN INTERSECTION WITH TltE WEST I.INE OF 1_01 1 OF PINE RIDGE SUDDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 24 OF TltE PUBI_IC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00'50'01" WES'[ ALONG SAID WEST LINE, A DISTANCE OF 32.06 FEEl; 7iIENCE RUH SOUTH 50'36'48" EAST, A DISTANCE OF 33.50 FEET; TIIENCE RUN NORT~I ~9'15'4,1" EAST, A DISTANCE OF 132.68 FEET; TIIENCE [~LIN NO/{111 ~9'11'24" EAST, A DISTANCE OF 258.60 FEET TO TIlE POINT OF CURVA1URE OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 158.14 FEET, A CENTRAL ANGLE OF 24'49'59" AND A CHORD BEARING AND DISTANCE OF NORTH 75'45'45" EAST, 8~.01 FEE'r, RESPECTIVELY; THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 68.5,I FEET 70 [lie POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORI'IIW[~STERLY AND HAVING A RADIUS OF ,12.31 FEET, A CENTRAl_ ANGLE OF 41'5tY26" AND A CHORD BEARING AND DISTANCE OF- NOR'[I-I 4~'53'O2" EAST, ~0..~1 FEET, RESPECTIVELY; THENCE RUN NOR'D-IEASTERLY AI.ONG SAID CURVE, AN ARC DISTANCE OF 30.99 FEET TO TIlE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTBWESIERI_y AND HAVING A RADIUS OF 15BOO FEE I, A CENTRAL ANGLE OF- 19'12'16" AND A CHORD BEARING AND DISTANCE OF NORTH 13'17'41" EAST, 52.71 FEET, RESPECTIVELY; T~IENCE RUN NORTHEASTERLY At_CNG SAIl) CllRVE, AN ARC DISTANCE OF 52.96 FEET TO AN INTERSECTION WITH A CURVE OF THE WESTERLY RIGIIT-OF-WAY LINE OF GOODLETTE-FRANK ROAD (100-FOOT RIGHT-OF-WAY), SAID CHRVE BEING CONCAVE EASTERLY AND HAVING A RADIUS OF 5B~1.6-1 FEE1, A CENIRAL ANGLE OF 00'49'25" AND A CHORD BEARING AND DISTANCE OF SOUTH 03'16'50" WEST, 85.97 FEET, RESPECTIVELY; THENCE RUN SOUTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 83.97 FEE F; TIIENCE RUN SOUTH 44'17'20" WEST, A DISTANCE OF 46.62 FEET 'lO TIlE SAID POIN'F OF BEGINNING. CONTAINING 0.~64 ACRES OF LAND, ME)RE OR I.ESS. FI~I': SIMI~IJ~. INTEREST SKE-FCI-I AND I)I7SCRIPllON SECTION 10, TOWNStIIP ~B SOUltl, RANGE 2.' COLLIER COUNTY, FLORIDA AGEI NO._ NON DA ITEM. ---ti ! 8 2003 JOHN. SON ENGINEERING INC NOINEER8, BURVEYOR~ AND I=COI. D~ &~8 PROJECT biO. PROJECT PARCEL NO. :_ 702 TAX PARCEL NO. : ~__'~/£'lLffj:[ LOT LOT g LOT 8 Z LOT 7 i} LOT 5 LOT 3 LO1 2 PARCEL O.I ACRES. SECTION 10 SECIION 15 // II (;- 4 PAlilNERSIHP Ofi 1679, PC, 1442 (PINE HIDGE COMIAONS PI JO.) {COUNIy ORDINANCE NO. 99-94) PINE RIDGE ROAD TEMPORARY CONSTRUCTION EASEMENT (I)IJRA'rlON: 3 YEARS FROM COMMENCEMENT OF CONSTRUC FION) ProlllllOnol Lond Surveyor Fhxlda Ctrtl~cete No. 5555 aeoI of a ~orlda Llcanaad ~r and Mappur, EXHIBIT - b A 3 of 8 GRAPHIC SCALis -- 200' O' 100' ( IN FEET ) ! inoh - EOO fL. LEGEND: O.R. INDICATES OFFICIAL RECORDS PG. INDICAIES PAGE P.C.P. INDICA1ES PERMANENT CONSOL PO{NT G-4 PAR ]NERSHIP O.R. 1579, PG. 1442 (P"~E RIDGE COMMONS P.UD) (COUNIY OROINAItCE NO 90-94) DfSCRIP TION: mE [As~[~t~ ~o. oo ~[~ o~ LO~ ~ O~ NO UZS.: I. 2. 1t11':; IS NO1 A BEARINGS SIIOWN HEREON ARE ~A~D ON 1HE EASI HIGHT ~ WAY LINE BEARING Of N, o7'oa's2' [. SUB~C~ lO EASELIEN~+ RESERVA~ONS AND RESTRICTI~5 ~ RECTO. AGEND, NO.~ 5KLl'dlfl AND DESCRIPTIOi~ COLLIER COUNTY, FLORIDA ../J ~.~ mu O" ~,~N E "~ '" E E R ' N ~ ' ~ C "~' ~ I /ERB, I~V~RI AND ECO~Ila~ ,~-- ~. ~. .( 1,, ~ J PROJECT HO. ; PROJECT PARCEL NO. : 1AX PARCEL NO_ :~'T~ LOT 13 LOT LOT z LOl 7 C tOT 6 ~ r~ z LO1 5 LO1 4 SECltON 10 SECTION 15 LEGEND; PG. P,C.P. (;-4 PARINERSilIP OR. 1679, PG. 1442 (PIIIE RIDGE CDMMOHS P 4 of 8 EXHIBITA GRAPHIC ( IN FEET ) inch ~ 200 tL SNDICAIES OFFICIAL RECORDS INDICA'[ES PAGE INDICAIES PERMANENT CONTROL POINT PINE RIDGE ROAD TEMPORARY CONSTRUC'I ION EASEMENT (DtIRATION: 3 YEARS FROM COMMENCEMENT OF CONSTrtLIC'[ION) G-4 PAR1NERSttlP OR. 1670. PG 1442 (P,NE RtDGE COMMON5 P.tLD ) (COIINTY ORDINANCE NO Barry E. ~'~n (Fat' ~n¢ Flnr~ i B~42) Prole~mlon~ Land Su~'ayor Florid~ Ce~llflcale Ho. 5365 i~al of O Fio~Jdu l.tc~.~ed ~urvoyor o,~d Mapper. DESCRIP flON: ]HE EASIERLY 2000 FEET OF LOI ~ OF "PINE RIDGE", A SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 24 OF 1HE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NOIE5: I. TillS IS NOT A SURVEY. [AsBOV JOHNSON ENGINEERING. IN' '~' E~INEER~. ~URVE~R~ AND [CO~JlIll bl',Ll(.;t-I AHD DESCRIPTION SECIION 10, TOWNSHIP 49 SOUIlt. RANGE COLLIER COUNI'Y. FLORIDA AND RES1RtCtiON$ OF RECORD. PROJECT NO. PI~{OJECT PARCEL NO. : PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT l O1 lOT 4 EXHIBIT ^ 5 of 8 ~¢ 50~~ LOT 3 LOT 21 LOT 20 PINE RIDGE ROAD (c~,,,,,, PRE~ ISLE P~r BOOK 4. PAGE ~8 LOl 2 OR 2007. PO 417 Nug'I 2'52"f LOT i GRAPHIC SCALE 200' 0' 100' 200' ( IN F'r..~'[' ) 1 inch = 200 fL O.R INDIC. AIES OFFICIAL RECORD5 PC. {NOIC^T£S P^CE P-C.[)- {kI[]ICA][$ P£Rt4ANENT CON'INOL POINT IV O TE S: 2. BEARINGS SIIO~14 tIEHEON ARE BASE~ OH ]{1[ EAST RIGIt[ OF WAy LINE OF BtA~ING DF N. 07'08'1~' [. 3. SUBJECT 10 /ASEL(EU)S. RESERVA~ONS AND IIESIIiICIIONS OF RECORD. St<ETCH AND DES;CRIPTION SEC-lION ]O, 'IOWI,ISIIIP 4§ SOU-hi, RANGE COLLIER COUNTy, FLORIDA AGENE NO. NOV :5 EAST PS. 2003 PROJECT NO. : .... PROJECT PARCEl_ TAX PARCEL NO. PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT DESCRIPTION PARCEL 825-A: A PARCEL OF LAND LOCATED IN SECTION 1D, TOWNSI-IIP `19 SOUTlt, RANGE 25 EAST, COLLIER CO!JNTY, FI_ORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUIHEAST CORNER OF 1HE SOkJlHWESI QUARTER OF SECTION 10, TOWNSHIP 49 SOUTti, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH B9'10'29" WEST ALONG ltlE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 385.31 FEET; '[IIENCE RUN NORTII O0'49'31" WEST, A DIS1ANCE OF 99.43 FEET TO THE POINT OF BEGINNING ON THE NORTIIERLY RIGItT-OF-WAY I.INE OF PINE RIDGE ROAD (COUNTY ROAD NO. 896); FROM SAID POINT OF BEGINNING RUN NORTH 00'48'36" WEST, A DISTANCE OF 133.30 FEET TO AN INTERSECTION WlTtt ltlE I, IOR'ltt LINE OF LOT 1 OF PINE RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTtl B9'12'52' EAST ALONG SAID NORTt{ I.IHE, A DISTANCE OF 2/]6.B8 FEET TO AN INTERSECTION WITlt A CURVE OF THE WES'rERLY RIGttT-OF-WAY LINE OF GOODLETTE-FRANK ROAD (10G-FOOT RIGHT-OF-WAY), SAID CURVE BEING CONCAVE EAS1ERLY AND HAVING A RADIUS OF 584~.64 FEET, A CENTRAL ANGLE OF 00'27'G6" AND A CIIORD BEARING AND DISTANCE OF SOUTII 03'55'05" WEST, 48 D4 FEET, RESPECTIVELY; THENCE RUh! SOUIIIERI_Y Al_ON(; SAIl) CURVE, AN ARC DISTANCE OF ,16.O-t FEEl' 'iD ltlE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTI-IWESIERLY AND tlAVlNG A RAI)ILIS OF 1.58.00 FEET, A CENTRAL ANGI_E OF 19'12'16" AND A CHORD BEARING AND i)ISI'ANCE OF SOUlll 13'17'4l" WES1, 52.7! FEET, RESPEC'IIVELY; IlIENCE RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE Oi: 52.!35 I-EEl- TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTIIWESTERLY AND HAVING A RADIUS OF 42.31 FEET, A CENTRAL ANGLE OF -1l'5B'25" AND A CHORD BEARING AND DISTANCE OF SOUI'tl 43'5.3'02" WEST, 30.3] FEET, RESPEC'flVELY; THENCE RUN SOUItlWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 30.09 FEE1 TO '[tie POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTIIERI_Y ANF) HAVING A RADIUS OF 158.14 FEET, A CENTRAL ANGLE OF 24'49'59" AND A CIIORD BEARIhlG AND DISTANCE OF SOUTH 76'45'-1,5" WEST, 6B.01 FEET, RESPECTIVELY; THENCE RUN WESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 68.54 FEE'i lC) TIlE PDINT OF TANGENCY OF SAID CURVE; TIiENCE RUN SOUT~I 89'11 24" WEST, A [)IS~[ANCE OF 182.51 [EE'[ 10 TIlE SAID POINT OF BEGINNING. CONIAINING 0.B33 ACRES OF [.AND, MORE OR LESS. SI<ETCI-I ANi) DESCRIPTIOIWi SECTION lO, TOWNSttlP 49 SOU'i'II, RANGE 2! COLI_IER COtlNIY, FLORIDA AGEi~ NO._ NOV JOHNSON ENGINEERING, INC. ~NIBIN[FR~. ~BU~VEYOR~ AND ECOLD~I~11 DA ! 8 2003 PROJEC'r NO. PRO,J[C'[ P^RC~L NO. : ~]25-_~__ 'TAX P^RCEL ~0. ~-b_'~ ~'~-'"~ ~--~____~_.~c,'~" PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT · LOT 21 , LOT 20 PINE RIDGE ROAD (:,~.,r~ ~,o~ .....~ LOT 5 LOT f.442 ACRES. LOT 2 ICl'[ 1 PRESQUE ISI E PLAT BOOK 4. PAGE EXHIBIT 7of 8 GRAPH'IC ,~C ALI?, ( I~ rr.r.T ) I inch ~ 200 fL LE CF ND: O.R. Itfl)ICA1£S OFFICIAL RECORDS PG. INDICAIES PAGE P.C.P. tltI')ICAIES PERMAi'~ENT COIl [ROL POINT NO I 1HiS Iff t~Ol' A SUHVEy, 2. §FARINGS 5IIOW'AI IIEht£~N ARE Off ltl[ EAST fllGI{l OF WAY IJN[ OF B[ARIUG OF N, 07"0~"12' L SUB.CT ]O EASEUENTS. RESEflVATIONS At~D flES~qCTION50J' i~[CORD ~. J407 VALID ~(OIJT SliEEi 2 OF 2. SKE-I'CII AND I)ESCRIPTIO AGEND NO. . , NOV SEC'lION lO. 1OWNSIIIP 49 SOUIlI, RANGE 25 ST P, OL_LIER COUNTy, FLORIDA JOHNSON ENGINEERING. I lC. PROJECT NO_ : _____6___1:_~J ..... PROJECT PARCEL NO. :. ~,gS-_.~J]. 'lAX PARCEL NO. :_~__~! ~. ,¥,1,.~ ~,~o g PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT DESCRIPTION PARCEL B25-EJ: ~IEXH~iBIT A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP ,-19 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 4 OF PINE RIDGE SUBDIVISION AS RECORDED IN PI_AT BOOK 3, PACE 24 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOR A POINT OF BEGINNING; THENCE RUN SOUTH 89'12'52" WEST ALONG lite SOUTH LINE OF SAID LOT 4, A DIS'I'ANCE OF 317.47 FEET; TIIENCE RUN NOR111 OO'47'0B" WEST, A DISTANCE OF 190.00 FEET TO THE NORTH LINE OF SAID lOT ,i; THENCE RUN NORTH B9'12'52" EAST ALONG SAID NOR-hi LINE, A DISTANCE OF 545.91 FEET TO AN INTERSECTION WiTH THE WESTERLY RIGHT-OF-WAY LINE OF GOODLETTE-FRANK ROAD (1OO' RIGHT-OF-WAY) AT TIlE NORTHEAST CORNER OF SAID LOT 4; IIIENCE RUN SOUTtl O7'O8'12" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE AN[] SAID EAST LINE OF LO'I 4. A DISTANCE OF 191.83 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 1.4't2 ACRES OF I_AND. MORE OR LESS. SKETClt ANI) DESCRIPTIO SECIlON 10, TOWNSItlP 49 SOUTH, RANGE COLLIER COIJN'fY. FI ORIDA JOHNSON ENGINEERING. NOV ~I:~T ITEM ._.. 8 EH~IHI~ERB, ~,URVEYORB A#D ECOL,O~II~,'T~I PROJECT: Goodlette-Frank Road Widening (Project # 60134) FOLIO NO.: 67184360007 WARRANTY DEED THIS WARRANTY DEED is made this __ day of 2003 by EDITH G. STREET, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Granlee" inclu 'e all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: Lot !, Pine Ridge, Block 'T', Subdivision recorded in Plat Book 3, Page 24, less that pozlion of right-of-way designated as Parcel 125. Subject to a perpetual drainage easement in favor of Collier County designated as Parcel 825A by Order of Taking recorded at OR. Book 31 I 1, Page 615. THIS PROPERTY 1S NOT HOMESTEA1) PROPERTY OR CONTIGUOUS TO HOMESTEAD PROPERTY TOGETHER with all the tenements, hereditaments and appmlenance~' thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND tire Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully wan'ants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. 1N WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. By: EDITH G. STREET WITNESSES: Witness Signature Print Name: Witness Signature Print Name: STATE OF COUNTY OF The foregoing Warranty Deed was acknowledged before me, the undersigned aothority, on this __ day of ,2003, by Edith G. Street, who ( ) is personally known to me or ( ) produced as idcnti ficalion. Notary Public/Slate of Florida Name: My Commission expires: EXECUTIVE SUMMARY PETITION SNR-2003-AR-4055, PETER GOODIN, REPRESENTING OAKES ESTATES ADVISORY, INC., REQUESTING A STREET NAME CHANGE FROM 12T" AVENUE NORTHWEST TO BUR OAKS LANE, WHICH STREEF IS LOCATED IN UNIT 96, OF THE GOLDEN GATE ESTATES SUBDIVISION, LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners render a decision on a request to change a street name from 12:'~ Avenue North,,vest to Bur Oak:; Lane. CONSIDERATIONS: The Petitioner states the reason for the request is to "improve public safety by changing the street name to avoid duplication with a street of the same name off of Wilson Boulevard." The applicant has included an email of support from Lt. Juan Ortega, Collier County EMS Department. The Petitioner has met the requirements for requesting a street name change. ']-he name does not duplicate an existing street name. Of the 57 owners of property abutting the street in question 30 owners, or 52.6 percent, have granted their approval of the chang, e. FISCAL IMPACT: Fiscal impact to the County Administrator's agency will be incurred in the form of staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sheriff's Office), Post Office, EMS, and 911 Emergency Services will be incurred in the form of costs to update records and maps. The applicant has agreed to pay the cost of street sign replacement. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. NOV 18 200: ~._/~ HISTORICAL/ARCHAEOLOGICAL l?J? ~,C'T: There are no nistoricai/archaeolo9icai is~-'~-~es .::~ssoc~ated with this petition. PLANNING SERVICES STAFF RECOMM:F_:]U&TION: Staff recommends that the Board of Cr'::'UmV Commissioners approve Petition SNR 2003-AR-4055, changin9 the name of ,- - ~.e Northwest to Bur Oaks Lane. EAC RECOMMENDATION: The EAC does not review street name '"' ~'~'~.. otitions. PLANNING COMMISSION RECOMME?,L:'~ The Coiiier County Plannin9 Commiss,.~: ::::.e~ not review street name change petitions. P,REPARED BY: REVIEWED BY: '; .~)// -: ~. ~,/.~ --.t ...... . .. RAY BELLOWS, CHIEF PLANNER DEP~RTMENT OF ZONING AND ~",c:, '~t~O~,l~k/T REVIEW .z~.U.(J2/-) / v_ u{.{.OL,/ ,~USAN MURRAY, AICP, INTEF~M DIREC'"'- //DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE DATE DATE ,,¢C:)~E~H K. sCHMITT, ADICvllNISTRATOR ~C/MB,,1UNITY DEVELOPMENT & ENVIr'RC,,",i?',!ENTAL 8JERVICES SNR-2003-AR-4055 DATE/ NOV 1 8 2003 DAI'E: O1}SN R-2003-AR-4055 I'R().! E( :'i' #2003040049 DAI'E: 4/28/03 ~PLICATION FOR STREE~:~~ CHANGE AGENT'S FIRM: s Dazss: AGENT'S E-MAIL ADDRESS: PETITION'ER'S N~: ? E~O~R'S .~D~SS: Telephone No. Fax No. PETITIONER'S E-MAIL ADDRESS: Fax No. COMPLETE ~ FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED gVITIt TItlS PETYTiON. ( Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address Name of Homeowner Association: Maffing Address Name of Master Association: Mailing Address ~ ~ E-Mail address: k%~ ~O~Vi~Orl~.~ax#: Name of Civic Association: Mailing Address City E-Mail Address: Fax #: City S;ate ~ Zip '7-- City State ~ Zip City ~(¢~ (tate [X"L.- ZipS-[iq¢ State__Zip COMMUNITY DEVELOPM~ENT AND ENVTRO~NT~ SERVICES DMSION PLANNING SERVICES DEPARTSIENT/CURRENT PLA,NHNG 2800 NORTH HORSESHOE DRIVER~i~RIDA 34104 TELEPHONE (941) 403-2300, FAX (941) 643-6968 APR I ~ 2003 Application for Street Name Change- 09/2000 Page 3 of 6 NOV 1 8 2003 PROPOSED CH.~NGE: CURRENT NAME OF STREET: PROPOSED STREET NAME: STREET EN QL~STION IS: ~ public, or ~ private Reason for proposed change: Approximate length of street: [.0 rm't Number ofparceis or lots abutting street: z~'7 Total Number of property owners abutting street to be renamed: Total Number of property owners signing petition to change street name: Percentage of property owners signing petition: ~'2- .~'~o Applicant [-'] does, or [-'] does not, (approx. $100.00 per sign ) Application for Street Name Change - 09/1000 agree to pay cost of street sign replacement for pubh Page 4 of 6 stre ta o^ NOV 1 8 2003 Pg. q To: Mr. Juan Ortega, EMS Chief's office 7rom: Pctcr Goodin Re: Unique street names for Oakes Blvd area Dear Mr. Ortega, As i told you this morning in our phone conversation, our community is asking the County to change the names of the streets in our neighborhood on grounds that there ?ze duplicate street names in use off of Wilson, slx miles east of here. It has been suggested to us that the County would appreciate ratification of the idea from EMS Services. Therefore, I am faxing you a copy of a letter we have prepared stating our case to Community Development. I have enclosed some supporting documents as well. I hope you agree that the change would "make your job easier." Could you creme a short e-mail evaluating our proposal fi.om EMS's point of view? I have a meeting with Comm. Dev. on Wed. this week and would love to be able to give them your reaction. My e-mail address is pjgoodin(~_,cs.com. Should you need more detail or have any questions, my phone is 596-4318. I appreciate your time and ~cixsidcration. Sincerely, Peter Goodin Subj: Street Renaming Cate: 411/2003 2:28:33 PM Eastern Standard Time From: JuanOrtega@colliergov. net (ortega_j) To: pi..cocdln(~cs.com ('pjgoodin@cs.com~ Dear Mr. Occdin, After reading your letter and the attachments you sent me, it appears that your request is a ~ery mild one. I agree that this situation could become a life threatening issue for the community members in both neighborhoods. For the safety of all citizens in Collier county it is my recommendation !hat yo~,r .:.:,;.~nizmion pursue the action needed for the street name changing. We at Collier County Emergency Medical Services Department would like to thank you for allowing us to a part of this process and are looking .'or,yard to working with you in the future in order to make Collier county a safer place to li~e. Please feel free to contact me if I may be of any further assistance. Lt. Juan Or%,~ja Collier County EMS DeC 774-8459 775-4454 fax NOV 1 8 2O03 Pg. Official Receipt - Collier County Board of County Commissioners CDPR1 t03 - Official Receipt ~ Trans Nu,-nber ~, Date ! Post Date ' Pavm~.~t 399512 I 4/24/2003 10:11:39 AM ! 4/24/2003 i AR 4055 Appl Name: PETER GOODIN Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: 5815 20TH AVE NW NAPLES FL 34119 Proj Name: BUR OAKS LANE Type: TAZ: 49 Subdiv Nbr: 794 Project Nbr: 2003040049 Payor · OAKES Fee Information Fee Code ~ Description ' GL Account ! Amount i Waived 11DCSF i DATA CONVERSION SURCHARGE FER'1313890034127500000 I $25.001 S12O.OO $257.O0 t !FNNN ST NAME CHANGE-NORTH NAPLES i 11300000020910100000 11SNRS STREET NAME CHANGE FEES i 11313890034391400000 Total S402.00j Payments Payment Code ! Account/Check Number i Amount CHECK i1015 J $402.00 Memo: Total Cash ! $0.00 Total Non-Cash ~ $402.00 Total Paid r $402.00] Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: MCCAULEYKATY / 1 User: SMITH_G NOV 1 8 2003 PdnteO:4/24/2003 10:12:04 AM TO: THE BOARD OF COMMISSION::V ~ :-'<':~ LIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY CONEvlISSIONERS TO CHA.'<GE ii-LE N,adVlE OF THE FOLLOWING STREET NAME FROM 12TM AV NW TO 7', 5~ LANE. 41887720009 IRGINIA 4188~ 41887690003 41887320001 41387400002 41887321000 41886840003 41886880005 DUDE~,- EREYSZT-OF ELIZABETH KALINOWSKi :a ! ,3 t 12TH AVE NW ;iGOLDEN GATE EST tNIT 96 TR S,pE?ROSS^ STEWART, RONNIE F=& DA :: SCRANTON, CLYDE F=& CATHY ,~, 12TH AVE NW GOLDEN GATE EST [SNIT 96 TR 123 ' LESS'w 150 FT 12TH AVE NW GOLDEN GATE EST t'NIT 96 W 1:50 Fir OF TR 123 :,:id0 12TH AVE NW ~t;OI_DEN GATE EST / NIT96 COMM !{ N'W CNR TR l l? $ sgOEG E '1 SOFT ii ALG N BOUNDAR~ TO eOB,, S 0DEt5 !! XS' 332~, S 89DEG r 60~, S 12TH AVE NW :!GOLDEN GATE EST UNIT 96 W , IS0l'q' OF TR 118 OR i 113 PG 1087 5740 j, J2TH AVE'NW FUI~ iRA .::'aS! 12TH AVE NW ------" ~ JGOLDEN GATE EST UNIT 96 W J l ~6szr o~ T~ ~0S 41886280003 MORRIS, JOAN C 5 i' .-0 i J2TH AVE NW OLDEN GATE EST UNIT 96 E 50FT OF TR 101 OR 933 PG 486 k",D OR 1365 PG 682 NOV I 8 2003. Pi[. 7 PETITION -FO: THE BO,AlU) OF CO.X,D,'IISSIONERS COLLAR COL..m, FFY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NA~ME OF THE FOLLOWING STREET NAME FROM 12TM AV NW TO ~ OAKS LANE. /~ ~, < 41886440005 /-%%,/ 41886360004 --A~A~/(5 ANN D E'WALD, WAYNE D=& JULIE A · NICHOLS, MICHAEL L=& KATH)R~NE BESHEARS, BRADLEY C=& CLARA R=& LAURIE A 41886480007 EDLIS, JOAN 5771 5780 41886320002 41886400003 41885680002 41885760003 4 88, 0°o0 41885240002 41885360005 41885280004 JOSESH CALIENDO7 YOUNG, JAMES 283 PERIGNON PL NAPLES FL 34119 KOENIG, MICHAEL d=& DONNA J X'L IULIANO, KRYSTYNA 1290 NE IITTH TER ?,IL-~MI FL 33161 5781 12TH AVE NW GOLDEN GATE EST UNIT 96 E I.~0VI' OF TR 102 OR 1973 PG 151 12TH AVE NW GOLDEN GATE EST UNIT 96 E 75F'1' OF W 180FT OF TR 101 OR i 1373 PG 2009 12TH AVE NW !JGOLDEN GATE EST LNIT 96 E : J ~SFT OF W 180ET OF TR 102 57~0J ~2THAVE NW i IGOLDEN GATE EST L~IT 96 W iJ 105FT OF TR 101 5791 i 12TH AVE NW :IGOLDEN GATE EST UNIT 06 W {J 105FT OF TR 102 580 I2TH AVE NW JGOLDEN GATE EST [:NIT 96 E JlSOFTOFTR91 12TH AVE NW' 584ol ,GOLDEN GATE EST UNIT 96 W 150FTOF TR 92 ~ 12THAVENW JGOLDENGATE EST UNIT 96 E j150FT OF TR 85 12TH AVE NW JGOLDEN GATE EST UNIT 96 E J150FT OF TR 86 OR 1468 PG 2373 12TH AVE NW JGOLDEN GATE EST UNIT 96 E 75FT OFW 180FTOFTR 85 l 5880 NOV 1 8 2003 Pg. ~ PETITION TO: I14E BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CI-L~klNGE THE NAME OF THE FOLLOWING STREET NAME FROM 12TM AV NW TO M~JIt~::O~,S LANE. /'~ cc ~_ ~,'~ 5881 [~ffi AVE NW 41885320003 KOVACH, BRAD M D.~,RCI T W.~-I~I'-~M ]~GOLDEN G.&TE EST tlNIT 96 W 41885200000 HIRSCH, MARK A=& IRENE / 41884780000 41884720002 41884760004 41884680003 41884240003 SNYDER II, THOMAS E JACQUELINE M SN~ DER ITHERIAULT, ARTHUR R:& ¥tRGINIA RICHARD, ROBERT 589~ 12TH AVE NW [IGOLDEN GATE EST t:NIT 96 W I ![105Vt OF TR 85 5920 { 12TH AVE NW 5925'{ 12TH AVE .w NH [ ~940 :iSOFT OF TR 75 OR '7,05 PG 1390 12TH AVE NW GOLDEN G.~.TE EST tZNIT 96 W 180 F'F OF TR 76 J ~.DEFRANCESCO, MARLENE i 5941j-12THAVE NW i [i50FTOFTR'5ORII~SPG I0 J PEREZ, RAIMONDO=& XIOMARA A 5'-"~'-~712TH AVE NW JGOLDEN GAtE EST UNIT 96 E !|)5rroFT~69 41884160002 41884280005 FOLEY, TIMOTHY D sAGAR, ALEXANDER WIN.~TON, ROBERT L=& KERSTiNE r 5~7~'{ 12TH AVE NW ilC, OLDE~ G,~TE [,ST L',~IT 96 W j75FT OF E 150FT OF TR 69 5980 J 12TH AVE NW !GOLDEN GATE EST t:NIT 96 W 180171. OF TR 69 5981 j 12TH AVE NW ![GOLDEN GATE EST L'NIT 96 W [iS0FIOFTRT0 NOV 1 8 2003 Pg. q PETITION TO: THE BOARD OF COMlVlISSIONERS COLLLER COL:~TY, FLORIDA TIlE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE N,~ME OF THE FOLLOWING STREETNAME FROM 12m AV~TO~OAKS LANE. ,/~,.< ,~ 41883620006 PRINE, RICHARD H=& CARRIE A ' 6010 i, 12TH AVE NW 41883520009 41883600000 ':i ;OLDEN GATE EST UNIT 96 E 180 · I ,~ ¥ OF TR 60, 1.73 AC OR 1603 COMBES KELLY A 6021 I 12TH AVE NW I CONWA;~, JOAN M i iGOLDeN (;.aTE EST UnIT 96 [ PETERMAN, JAMES=& DARLENE L 41883201001 41383200002 41882600001 41882520000 418825600O2 41882480001 PURVIS, NATHAN W=& KAREN D CLAY, VAUGHN D=& HEIDI E 20'.6 IMPERLltL CIR NAPLES FL 34110 PLA, JOSE R=& NORMA E ...4 KINGS LAKE BLVD NAPLES FL 34112 O KEEFE, MAURICE=& MARILyN 506i; ~ZrH &';E NW DEN G~,TE EST UNIT ~ 736 ?G 167 S091! 12THAVENW , ;{aLDEN GATE EST INIT 96 'i ;¥ ib5FT OF IR 54 61201 12THAVENW : ;()1 DEN G.~TE EST UNIT 96 E 6!21 i~)l:F OF TR 44 i !2THAVENW (~_Ot DEN GATE EST UNIT 96 E 6140] 12TH AVE NW '!GOLDEN GATE EST UNIT 96 W i} tsoFl' OF TR 44 --gT~T[; 2TH AVE NW !IGOLDEN GATE EST UNIT 96 W 150FT OF TR 43 l NOV 1 8 2003 PETITION TO: THE BOARD OF COM~,[ISSIONERS COLLIER COLLNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY cOMMISSIONERS TO CHANGE TI~ NAME OF THE FOLLOWING STREET NAME FROM 12m AV NW TO ~ OAKS LANE. ZF~,,~ ,~,.~/< 41882040001 BRADY SR, ROBERT H BET'I~' J LEATtlERS -gig~F ,yr. ^VE.W iO~orr o~ T. as O" .~o ~'~; ! 41881880000~I WEICHELT, GEORGE S i.. ooooo -. 6-~-~[ 12TH AVE NW ---~12TH AVE NW ![GOLDEN GATE EST UNIT 96 E ~-~SFT OF W IgOFT OF TR 58 41881960001 41881920009 --41881120003 OAVEY, SHAWN S POPESCU, VIRGIL DA.'M ELA FOPES(~U !~Fv)sF'T OF TR 38 ~Dz-r. AVE ~w !IGOLDEN GATE EST L~ ~ W 623~ -~ 2TH AVE NW C;OLVE~ GATE [ST UNiT ~ [ 396.67~ ~ TaE N 180~ OF FR 23 - NANCE; AL~" D~ , ! ~[-I~T. AVE NW I?GOLDEN GATE EST UNIT 96 S iSSorr OFTa:Z . oo~o%~o°o,s - EPPS, DENNIS C=& JEANNE G AMBROSE KENNELS INC PETITION TO: THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING 'N ANtE FROM ! 2TM n_v NW TO ~ OAKS LANE. ~ ,&,O.L.. 41883560001 RYAN, CHRISTOPHER J=& LYN S 7970(~I 12TH AVE NW I 11 BATLEY CT !IGOLDEN GATE EST UNIT 96 [ FREDERICKSBERG VA 22406 !1W t6~; FI OF TR 59 "' 12TH 61~ 14TH AVE NW , GATE EST L'N[T 96 E ,, NAPLES FL 34119 ~[ 150~ OF TR 39 VL NOV 1 B 2003 PEnITFiON TO: THE BOARD OF COM.MISSIONE~5 ', L?....~R COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE i HE NAME OF THE FOLLOWI2qG ~..TP,,EET N~aX,~ FROM 12m AV NW Ft) 5~~ OAKS LANE. NOV 1 8 2003 141880280009 '].~ pr0~A___a,~4 NO SITE ADDRESS ~MARES S A 470 YUCCA RD i 02 - 5323 >LES : ;OLDEN GATE EST UNIT 96 E 1/2 OF TR 10 41880280106 48 ~: Proll~~ AO~I~ NO SITE A DDR ESS 26 2.24 3B32 ! 56200 10 03B32 I ;OLDEN GATE ESl' UNIT 96 W 1/20FTR I0 141883160003 l[ :}'~ :i: Pr~-perly ~,~I~ IZTH .A'~'E NW ;OLDEN GATE EST [;NIT 96 IR 53 OR 404 PG 263 STUART ~NFIELD 01940 - 2424 GOLDEN GATE EST UNIT 96 E 150FT OF TR 70 OR 1086 PG 476 I 32 I 48 ! 26 I 2~7 ~ 3B32 I{a:'° ........ I 1418857,_ooo~ 'I[ ~x,~nnyx~u~ NO SiTE A~DgESS NICHOLS, MICHAEL L 5790 12TH AVE NW sm~ ~t ,,: <.! :: - ~LDEN GATE EST UNIT 96 E . ; I30FT OF TR 92 [ 3~ '~ 4s I ~5 i 2.73 I 3B32 ~ 356200 92 031532 [41ss~soooon ].~, t,~-,d~ so sire .xooatss F Owa~Ns~ BLOKSM,A, HENDRIK. F:& ELf'RIEDE !~:~~:s~:'5] ]] ?36 ! 4 SCHORNDOR F-g¢~t ! ~¢ q~T E N GOLDEN GATE EST UNIT 06 TR 107 OR 1499 PG 1272 I 32 .... ]~' 48 I 25 ~ 5 ,~ 3B32 !1356200 107 03B32 / [~1887360003 ]. ~,'A~r~ NO SiTE xDDRESS i' k ;-~'(/i'i ~'~ GOLDEN GATE EST t :sIT % E [ 3z ,111 " ! :~ I '--:' 11 3832 11356200 ! 18 03B3ZI 18 2003 ."YI:ip Ot:tput P'~ge 1 of l Unit 96 Golden Gate Estates 12th Ave NW NOV 1 8 2003 .,./com.esri.esrimap. Esrimap?Service Name=ccpa_design&Clie nt Versio n=3.1 &Form=True&Ir 10/23/2003 z ~ ! I 1 C ~t) I RESOLUTION NO. 03- A RESOLUTION RENAMING NORTHTv'EST TO BUR OAKS STREET IS LOCATED IN L~'IT %, ,7~.' 7' !E ' JOLDEN GATE ESTATES SUBDIVISION, L. TC3. FED PA SECTION 32, TOW,'NSHIP 48 SL)L i':f. :-.,,N'GE 26 EASF, COLLIER COL:NTY, WHEREAS, the Board of County Commissioners ~s :,~ h,,~ :cd pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streeu ,..~?i: 7~ds, except for certain state roads; and WHEREAS, pursuant to Collier County Ordinance :'.~- .9-76, as codiiied in Section 22-0357 of the Collier County Code of Laws ~m~; 'z:rtances, the Board ot County Commissioners is required to approve requests to re~'~:::7: :~.-;s ,;r roads by a supermajority vote of four or more of the Commissioners; and WHEREAS, the Board ol County CC. iTdlIiSSh.~i~ ..... :quested by Peter Goodin, Chairman of :he Street Name Ch~ge '7z;~crat~=d, representing Bob W::lk:r. :h: -~-*it4 B~ Oaks L~e. ~is s~eet is located in Section Collier Count, Flodda, Unit 96, of the Golden G'~te Plat thereof, recorded in Plat Book 7, Page 94, of Florida; ~d x,XfftE~AS, there is no other s~eet in Co!7.?r" sounding nme; and 7'..zkes Estates Advisory, .'.th :\venue Northwest to South, Range 26 East, !ivisic,. according to the zcords ,.),: 2oltier County, this name or any similar WHEREAS, it is necessary for identification p::r?~ ;:::irm the name of this street. NOW, THEREFORE, BE IT RESOLVED BY 'i..e ;7,, :rd of County Commissioners of Collier County, Florida that: The name of this street is hereby changed kc, m 12:'~ , : :,..e Northwest to Bur Oaks Lane and is confirmed ~: BE IT FURTHER RESOLVED that this Resolution ',~c ~:cerded in the Public Records of Collier County, Florida, and noted upon the appropriate ~ianing atlas of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second an ! :'~: :~-::: ~.icrity vote. Done this day of , '.1103. NOV 1 8 20 3 ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Assistant County Attorney 5NR-2¢03-AR~0551AM/lo BOARD OF COU2qTY CONEM1SSIONERS COLLIER COL%'TY, FLORIDA BY: TONI HEiG'~G, Ci-L~P, MAN NOV 1 8 2003 EXECUTIVE SUMMARY PETITION SNR-2003-AR-4058, PETER GOODIN, REPRESENTING OAKES ESTATES ADVISORY, INC., REQUESTING A STREET NAME CHANGE FROM 10T" AVENUE NORTHWEST TO ENGLISH OAKS LANE, WHICH STREET IS LOCATED IN UNIT 96, OF THE GOLDEN GATE ESTATES SUBDIVISION, LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners render a decision on a request to change ....... " Lane. a street name from I 0'''~ ,rZ. venue Nc,~hwest to ,z_, ,.:¢,: .... :. CONSIDERATIONS: The Petitioner state.: ,he reason for the request is to "improve public safety by changing the street name to avoid duplication with a street of the same name off of Wilson Boulevard." The applicant has included an ernaii ~)f support from Lt. Juan Ortega, Collier County EMS Department. The Petitioner has met the requirements for requeut,ng a street name change. The name does not duplicate an existing street name. Of the 7'2 owners of property abutting the street in question 42 owners, or 58.3 percent, i~a','e granted their approval of the change. FISCAL IMPACT: Fiscal impact to the County Administrator's agency will be incurred in the form of staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sheriff's Office), Post Office, EMS, and 911 Emergency Sen. ices will be incurred in the form of costs to update records and maps. The applicant has agreed to pay the cost of street sign replacement. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. NOV 1 8 2003 HISTO RICALIARC HAEOLOGICAL IMPACT: There are no historical/archaeological issues associated with this petition. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 2003-AR-4058, changing the name of 10~'~ Avenue Northwest to English Oaks Lane. EAC RECOMMENDATION: The EAC does not review street name change petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County P!anning Commission does not review street name change petitions. -?~ _~PARED BY: i~':-MARKSt. PLANNER ~,E_,P]~,R?~ENT OPIZONING AND LAND 0 E.'¥1~k~O P M ENT REVIEW REVIEWED BY: - , RAY B'~LLOWS, CHIEF PLANNER DEPARTMENT OF ZONING AND L~,ND ~::/,"L~JPMEN REVIEW i~T~'~ACN~MuRRAY, AIcP~ INTERIM DI'P,E(~TO ' ~"FPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: ,,;,O ~E P H K. , RATOR JGQMMUNITY DEVELOPMENT & ENVIRONMENTAL % mv,o s SNR-2003-AR-4058 DATE DATE [' ~A-~E .lq NOV 1 B 2003 p~. __am_ APPLICATION FOR. STR. EET NAME CHANGE SNR-2003-AR-4058 PROJECT/42003040052 DATE: 4/28/03 ANDREW MARKS DATE: .&GENT'S FIRM: >,GENT'S E-~ .~D~SS: PE~ON~R'S N~: Telephone No. Fax No. PE~O~R'S E-~ ~D~SS: Fax No. CO~LE~ ~ FOLLO~G FOR ~L .~SO( q ~ · : "'; ~ S) .~LA~D ~ ~S PE~ON. ( Pro.de additional sheets if necessa~) 2__ Name of Homeowner Association: Mailing Address State ~ Zip Name of Homeowner Association: Mailing Address Name of Master Associatie.::' Mailing Address e-~ Name of Civic Association: Mailing Address C i ty E-Mail Address: Fax #: State Zip CO,~WIUNITY DEVELOP~EENT AND ENVIRONMENTAL SERVICES DMSIO PLANNENG SERVICES DEPA R1-MENT/CURRENT PLANNING 2800 NORTH HORSESHq~vpE~-[}~ ~_ ~['LES, FLOmDA 34~04 TELEPHONE (94 ~} ~®, 1~ (941) 643-6968 Application for Street Name Change - 09/2000 APR I ~ 2003 Page3o NOV 1 8 2003. Pg. 3 PROPOSED CH.43NGE: Approximate length of street: /.0 tv't} Number of parcels or lots abutting street: Total Number of property owners abutting street to be renamed: Total Number of property owners signing petition to change street name: Percentage ofproperty owners signing petition: ,~, ~ o~ Applicant [--] does, or [-'] does not, agree to pay cost of street sign replacement for pul: (approx. $100.00 per sign ) Application for Street Name Change - 09~2000 Page 4 o nc staat8~^ rr~ NOV 1 ~ 2003. Pi[.. q To: Mr. Juan Ortega, EMS ChieFs oftice From: Pcter Goodin Re: Unique street names for Oakes Blvd area Dear Ivlr. Ortega. As I told you this morning in our phone conversation, our community is asking the County to change the names of the streets in our neio~borhood on grounds that there are duplicate street names in t~e t~ff or' Wilson, six miles east of here. It has been suggested to us that the C'ounty would appreciate ratification of the idea from EMS Services. Therefore, I am faxing you a copy of a letter we have prepared stating our case to Community Development, I have enclosed some supporting documents as well. I hope you agree that the change would "m~e your job easier." Could you create a short e-mail evaluating our proposal from EMS's point of view? i have a meeting v, ith Comm. Dev. on Wed. this week and would love to be able to ~ve them your reaction. My e-mail address is pjo_oodinfF/"cs.com. Should you need more detail or have any questions, my phone is 596-4318. I appreciate your time and consideration. Peter Goodin Subj: Street Renaming Date: 4/112003 2:28:33 PM Eastern Standard 'lqme From: JuanOrtega@colliergov. net (ortega_j) To: pjgoodin@cs.com ('pjgoodin@cs.com~ Dear Mr. Gocdin, After reading your letter and the attachments you sent me, it appears that your request is a ~ry ,~lid one. I agree that this situation could become a life threatening issue for the community members in both neighborhoods. For the safety of all citizens in Collier county it is my recommendation that your organization pursue the action needed for the street name changing. We at Collier County Emergency Medical Services Department would like to thank you for allowing us to a part of this process and are looking forward to working with you in the future in order to make Collier county a safer place to li~e. Please feel free to contact me if I may be of any further assistance. espectfutly, Lt. Juan Ortega Collier County EMS Dept 7748459 775-4454 fax AGF..NOA NOV 1 8 2003 pg. 5 "i Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt '; Trans Number : Date Post Date Pay"~ent Slip Nbr i 399509 i 4/24/2003 10:10:07 AM i 4/24/2003 AR 4058 Appl Name: PETER GOODIN Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: 5815 20TH AVE NW NAPLES FL 34119 Proj Name: ENGLISH OAKS LANE Type: TAZ: 49 Subdiv Nbr: 794 Project Nbr: 2003040052 Payor · OAKES Fee Information Fee Ccde 11DCSF 11 FNNN 11SNRS Description .... ~1: .,f',._?? - :,-,: ] DATA CONVERSION SURCHARGE FEB131389¢'03~-~ 27500000 i $25.00 ST NAME CHANGE-NORTH NAPLES ; 113000i.:C.'L:£,:,~, 1 ,.;~ 30000 STREET NAME CHANGE FEES Amount!Waived ,; $120.00 i 1131389003~391400000 I $272.00 Total i $417.00 Payments Payment Code Account/Check Number Amount CHECK , 1014 $417.00 Memo: Cash h;on-Cash Total Paid $0.00 $417.00 $417.00 Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT NOV P rinte11/_2~ Afv PETITION T~ BO.M~D OF COfvDdlSSIONERS COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COM~MtSSIONERS TO CHANGE THE NAME OF THE FOLLOWING STREET NAME FROM I Om AV NW TO ENGLISH OAKS LANE. ~1887800000 887840002 { 41887160009 BURTON III, LEI_AND 8^KER..AROLO O=& CO..IE NAPLES FL 34109 GUHL, BRIAN CURT=& MARY ,q H 5o10 10TH AVE NW I O~T. 10TH AVE NeW [GOLDEN GATE EST TNIT 96 EI/2 5631 10TH AVE NW ~!GOLDEN G~ fE F. ST T'NIT 96 '*¥1/2 OF TR 125 56401 10TH AVE NW 'I:4~;()LDEN GA I-E EST t Nil' 96 }[,)F TR ,26 566u{ 10THAVENW :~(;f)LDEN GAI'E EST INIT 96 E 150 r{-FTOFTR I1~ 5665 F 10TH AVE NW 150FT OF TR 116 56801 10THAVENW !Coi. DEN G.X I-E EST L'NIT 96 W iiI80FTOFTR II5OR565PG614 ii .'tNI5 OR I 182 PG 41887240000 ~1586960006 KIRWAN, KEVIN L=& CONNIE ,NORRIS ET UX, RONALD P 5685 10TH AVE NW IGOLDEN GATE EST UNIT 96 /'W ISOFT OF TR 116 , IOR 1620 PC 2130 5700 10TH AVE NW tGOLDEN CAfE EST UNIT 96 E 105FT OF TR 110 OR 88:5 PG 714 41887080008 5 o- I t,.,,~ 10TH AVE NW GOLDEN GATE EST [:NIT 96 W 75FT OF E 180FT OFTR 110 NOV 1 8 2003 PETITION TO: THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA THE b2qDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING STREET NAME FROM t0TM AV NW TO ENGLISH OAKS LANE. 41 ~869anO00 KAIR.a. LLA, 41887000004 KUNTZ TR~GEORGE=& PHYLliS K[ ~TZ FAMILY TRLST " 25/02 ~/~50~ I1084 G''''ER WAY 41887040006 VXC~HIA~O, MARG~REY~ 41886200009 HAN~ ADREN Q=& AMY Z j 41886080009 41886160000 41886240001 41886040007 4188592d005 41885880006 POSTELLE, KATHRYN J MARIOARCARi SASS JR, WILLARD R 5721 5730 5771 MOHRBACHER. STEVEN G 5777 iLILLYA MAC kN'[~'RE GONALAKIS, M 10TH AVE t4W GOLDEN GATE EST UNIT 96 E 165 IFTOFTR 109 10TH AVE NW GOLDEN GkTE EST It NIT % E 751:'1' OF 'W 150FT OF TR 110 57401 10THAVE NW GOLDEN GAlE EST ['NIT 96 W 5760[ 10TH AVE NW '[ qGLDENG.\FE ESFtNIT ~6E 5761 [ 10TH AVE NW il GOLDLN GAI'E ESr[ NIT 96 E i[,SFI OF IR ~000a Isis pC' 5770[ 10TH AVE NW GOLDEN GATE EST INIT 96 W -5FT OF E 150FT OF TR 99 OR 1421 PG 837 10TH AVE NW l Ia29 PO Iso~,so6 10TH AVE NW (;OLDEN GAFE EST I_'N'IT 96 '~' 180FT OF TR 100 10TH AVE NW GOLDEN GAYE EST kNIT 180FT OF TR 99 5810 10THAVE NW tl GOLDEN GATE EST UNIT 96 E I I's0FT OFTR 94 10TH AVE'NW I GOLDEN GATE I I$0FT OF TR 93 5811 NOV 1 8 2003 i41885840004 TO: THE BO?~RD OF COMMISSIONr:25 ;'('.r L!ER COL~, FLORA ~ ~ERSIG~D PE~O~RS HEREBY ~Q~ST ~ BO~ OF GOUTY CO~SSIONE~ I'O C~&i,;,;E i HE N~ OF T~ FOLLO~G S~ET N~ffi FROM 10m AV NW TO :~? :<5[ ISH O~S L~. OYER, C~RK=& LORI G .......... :331 ~' 10TH AVE NW : !I GOLDEN GATE EST t, NIT 96 Z 5~40[ ~0TH AVE NW STEVES, JCSEPH A=& BRIGET-rE 2160 19TH ST SW NAPLES FL 34117 41885960007 fcotoen GAte est UnIt 96 e ;I 75FT OF W 150FT OF TR 94 OR [i424 "G 2394 'iH 41886000005 41885080000 LEE, T!MOTHY=& JUDY J 55501 10TH AVE NW ii GOLDEN GATE ,r~.ST UNIT 96 W j ' ~ 75FT OF ,SFq' OF TR 94 .,. D E [I'R 83 10TH AVE NW i ?~ DEN CATE EgT I~NIT 96 E ?SFT OF TR 84 -! 41885000006 41885120009 41884960008 TEEHAN, RGBERT J=& BARBAi; .k, PO BOX 110074 NAPLES FL 3410~ RAAB, LARRY W SICKLES, STEVEN=& CHERYL 41885160001 88 v,, ~,SHINGTON AVE p!' ~' ' wORN NJ 07070 \ N H ABRUZ. ZO, KATHERINE ANNE 41884800003 HERRMANN, KATHY C 5371 .5880 5881 5911 I 0TH AVE NW GOLDEN GATE EST UNIT 90 W 75FT OF E 150FT OF TR 83 or 1916 PC 1308 10TH AVE NW (;OLDEN GATE EST UNIT 96 W f,srr o, E i50rr T. ,40. [i095 PG 1478 10TH AVE N~ [GOLDE~ GATE EST ~I? 96 W 180~ OF TR ~ 10TH AVE NW GOLDEN GATE EST UNIT 96 W i)IS0FT OF Tr S4 10TH AVE nw I GOLDEN GATE EST UNIT 96 E !l I80FT OF TR 77 I I PETITION TO: THE BO)d~D OF COMMISSIONERS COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING STREET NAME FROM I0TM AV NW TO ENGLISH OAKS LANE. 41884920006 STEELMAN TR, ALLAN CAROLEE STEELMAN [G-'~D~E EST t'N IT 96 E I SOFT Ol~ TR 78 41884880007 41884840005 41884900000 41883960009 41884080001 41884040009 LOYD, TY CHRISTOPHER BROOKS, JOSEPH R=& GAYLE M KOER:r, ROBERT W=& LEE ANN 5980 10TH A~,E N'¢~ NAPLES FL 34119 NH KALENIECKI, HOLLY ~TEL, FRANK L ' MESZAROSi JON=& LiSA ~)RBEGOSO, DAVID E='&'/MONIQUE M I 5930 10TH AVE NW GOLDEN GATE EST UNIT 96 E 75 FT OF '~,' 150VI' OF TR 78 5931 10TH AVE NW : GOLDEN G~.TE EST [:NIT 96 W il sorr oE 59401 10TH AVE NW i GOLDEN G ~ I'E E5 i t Nil 96 '6 75~-T !['OF 1-R 78 OR I;05 PG 65 59701 10TH AVE NW i[GOLDEN GATE EST kNIT96 il 75FT OF E 150FT OF TR 67 5971: 10THAVE NW GOLDEN GATE EST ['NIT 96 W 75FT OF E 150F'I: OF TR 68 OR t 1426PG 1009 59811 10THAVENW GOLDEN' GATE EST UNIT 96 W [ 180FT OFTR 68 OR 1665 PG 1732 60051 10TM AVE NW [ EST tNIr z [ 105FT OI~TR6~I __ 6010 10TH AVl= NW 1SOFT OF IR 62 5025 10TH AVE Sw IIGOLDEN GATE EST UNIT 96 E lTsrr OEW ~S0FT OF m61 41883640002 41883880008 41883680004 NOV 1 8 2003 % , PETITION TO: THE BOARD OF CON,f~SSIONTRS COLLIER CoL.rNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CiL&NGE THE NAME OF THE FOLLOWING STREET NAME FROM 1 Om AV NW TO ENGLISH OAKS LANE. 41883800004 GOLDBERG, JF::~aV $030 '~0TH AVE NW ,/ 41883840006 MESZAROS, JON=& LISA A' 41883720003 41883120001 6005 10TH AYE NW NAPLES FL 34119 LIPTA. Kc~AUL J -.- :~IDA , I . OLA 41883000008 MARTI, ROY W=& JOLYN 41882960000 I MARTI, ROY W=& JOLYN 6060 10TH AVE NAPLES FL 34119 41883080002 { KE~II~GAN, JAMES P=a JANICE A 410030400~)0 ~--J~SSELL, MIGNONNE ' IGOLDEN GATE EST UNIT 96 E It 45FroFw~ 150FTOFTR6'~. OR I196~ ?G .301 6040 ! 10TH AVE NW GOLDEN GATE EST UNIT 96 W '[ 75FTOFTR 62 6041 10TH AVE NW !~I ~OLOE.', ~TE EST tX,T 75171 OF TR 61 60551 10THAVENW !£;('d DEN CATE EST I ",IF '"6 E I;{75 FT OF IR 52 $C !0TH AVE NW 1 lC;OLDEN GATE EST UNIT 96 E ~SFq' OF I'R 51 [ ~'10TH AVE NW DEN G ~.TE ESI ['NTT 96 W [~SFT OF E 150FT OF TR 51 1597 PINE RIDGE RD NAPLES FL 34109 5075 10TH AVE NW (;O i_ DEN GA IE ES f t .x i i' % '~*, 75FT OF E 150FT OF IR 52 OR 974 PG 951-953 10TH AVE NW (;OLDEN GATE EST I 5t1' 96 W 180FT OF IR 52 OR 1726 PG 606 41882920008 ORTEGO ~ / ~j 10TH AVE. NW iIGOLDEN GATE EST iNIT 96 W [ 180FT OF TR 51 OR 2032 PG 2263. 1 NOV 18 2003 PETITION TO: THE BO.~RD OF CONLMISSIONERS COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY cONfiMISSIONERS TO CIqANGE THE N.~XlE OF THE FOLLOWING STREET NAME FROM 10TM AV NW TO ENGLISH OAKS LANE. 4i$82880~ ruC_LD, ROBERT D=& BONNIE 5'~0 '?H3VENW 41882640003 TRULLINGER, JAMES W 6115 i 10TH AVE NW /' ~.~..~ .[GOLDEN GATE EST [Nil' 96 E ~ [ !'~,FT OF TR45 41882800005~ SCHAUB EST, ELLEN A 6120i 10TH AVE NW 11382760006 41882680O05 41882720004 41881720005 41881520001 NAPLES FL 34119 1685 WINDING OAKS WAY APT 202 NAPLES FL 34109 NH POOLE, RENEE=& THOMAS W III ~- 6221 CYPRESS HOLLOW wAY NAP~ VL FLORES, JUAN JOSE TIZ~NQUILINA. A FLORES// ',~OL~E~ C;ATE EST U.~T ~S ~. ii 105FT OF TR 46 OR 1540 PG 2078 DEN GATE EST UNIT 'SFT OF e 180FT OF Ir 46 GATE EST INIT 96 W 'L~'F ()F TR 46 ] 5145! 10TH AVENW :t;Ol DEN GATE EST [:NIT 96 E -~l~-F OF~A, 150FT OFTR 45 3;47 10THAVENW ' ~c;,OI_DEN GATE EST UNIT 96 W -SFF OF TR 45 ' ~. ! ~,0 lOTH AVE NW 41881800006 '*:cq PEN GATE EST UNIT 96 E ', 5,¥T OF TR 35 NH !0TH AVE NW GOLDEN GATE EST UNIT 96 N '. 5FT OF TR 27 OR 979 PG 1984 6215[ 10TH ~VE NW '!GOLDEN GATE EST UNIT 96 E 75FY OF IR 36 NOV 1 8 2003- PETITION i'O: [HE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF IHE FOLLOWING STREET NAME FROM 10m AV NW TO,_r~GLISH OAKS LANE., 41881760007 --[ MATTES, ERICH=& ELISABETH 6219 t 10TH AVE NW 6870 HUNT1.NGTON L..~KES CIR IIGOLDEN GATE EST UNIT 96 W N.,PLE$ FL 34! ,9 41880080005 BROWN, MARK A SItA.~.NON ?,1 VEGETABILE 10TH AVE NW GOLDEN GATE EST UNIT 96TR 6 NOV ~ 8 2003- -,k. PETrFION TO: TI~ BOARD OF CONEMISSIONERS COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING STREET NAME FROM 1 OTM AV NW TO ENGLISH OAKS LANE. 141881440000 ]I Pr°Pe~Addre~'i NO SITE 34119 - 1323 [ Sec'tlo~ ' ][. Township I' Range i! Acres 2.39 ] 356200 26 03B32 I l~ss~so0o2 ][' l'n~rt~A~lre~ NO SITE .,m3~ ss % Add~, '60 MILLSTONE DR ., !; Le~{ GOLDEN GA I'E EST LNII 90 % -~- 26 2.76 II ' ~'~'~ Il: 's,~: '1 ] 3B32 356200 26 13B32 } [41S$16~km06 ]} PropertyAddre~1 NOSITE \7 ':<I"- I .. O~~.MOORETRS, LEOT&CLxRIB~I H ~l RLFT DTD 1-26-99 { ~ 1898WllTHAX'E 43212 - 1406 GOLDEN Gate Esr ~n~'r ,76 ,,~ ] IS0FT OF TR 35 14~88284ooo7 ~.:y "'.....7:A~ NOSITE ADDRk._%S KLIPSTI.,NE, CORLYSS DILLARD 513 UPSALL DR £~[GOLDEN (;ATE EST UNIT 96 E ...... 678 PG 819 NOV 1 8 2003 141883760005 Il Pr°pelt~Addr~ NO SITE ADDRESS 75FT OF E I80FT OF TR 61 OR 593 PG 1906 [ 32 I 48 i 26 1.14 I 3B32 ' ! 356200 61 33B32 I 141883920007 ] ~Ad~u~ NO SITE hDDRESS TERUS'A, KIKUYO HIROKO TOKUY.~,MA 3-247-8 ISHIMINE CHO NAHA CITY OKINAWA JAPAN GOLDEN GATE ES/INIT 96 W [ 141884ooooo7 J[ ! ~:~s~'~'! no site v' ', o~,er s~mejj KOERT, ROBERT ',;'=& LEE ~c',n ' i ~,';x:*~15980 10t~ Ave nw GOLDEN GATE EST INIT 96 E 75~ OF TR 67 or !~5 PG 65 I :~2-II 48 i 26 I 1.1-IIl 3~2 11556200 67 23B32 / 141884120000 l~.]~j]~~ NO SITE ADDRESS I -~~ OUINTERO, JUAN=& rAMONA 6755 SW 19STH AVE FORT L~UDERDALE IJg<".!>.~:e:?',~'.' :~ FL 33332-1640 GOLDEN GATE EST L.~IT 96 E 75~ OF TR 68 OR 1~ PG 19~ J 32 ~ 48 ~ 26 ~ 1.14 IJ'~ 3a3e --q13s62 NOV 1 8 2003 [41S85500002 ~] Proper~Addrt~ NO~I~E xDDR~SS I~ga~ GOLDEN GATE EST I'X{T % '~'¢ : ~'H 75FT OF TR 93 OR 866 PG 547 41586920004 356200 93 03B32 / Zip~34116 GOLDEN GAI-E £SF lNi F z6 'A 1o5 356200 109 03 B3~ / AGENE)A ~IT~ ~40V l 8 2003. [ f n i .... *~- .......... i ............................. ~* .......................... ~i I ( ~Iap )u~put Page Iofl Unit 96 Golden Gate Estates 10th Ave NW ACURA NOV !8 2003 .../com.esri.esrimap. Esrimap?SeDiceName=ccpa_design&ClientVersion=3.1 &Form=True&l: 10/23/2003 RESOLUTION NO. 03- A RESOLUTION RENAMING to)TH .\VENUE NOR'i-HT,VEST 'I'O ENGLISH O.',5 ...... :, ,VHiCtt STREET IS LOCATED IN LrN1T 96, OF [;{E GOLDEN GATE ESTATES SUBDFv'ISION, L.~..~ iED IN SECTION 32, TOWNSHIP 48 SC, t. TS~ 7."~.NGE 26 EAST, COLLIER COb,mlTY, FLORIDA WHEREAS, the Board of County Commissioners ,';.,: ':,: :!:ed pursuant to authority of Chapter 336,05, Florida Statutes, to name or rename oads; and WHEREAS, pursuant to Collier County' Or::i: :ds, except for certain state ,';-76, as codified in Section 22-0357 of the Collier County Cc, de of Laws :i : : ~:~:es, the Board of County r~,, s supermajority Commissioners is required to approve requests to :" r .... ,.t. by a vote of four or more of the Commissioners; and WHEREAS, the Board of County Commissioner? -.-,; : ~ '-equested by Peter Goodin, Chairman of the Street Name Change Comm::t:::~ : ".:e Oakes Estates Advisory., Incorporated, representing Rich Lidgard, the peti[? .~:, ' ' ~::e 10th Avenue Northwest to English Oaks Lane. This street is located in Secti~:n Collier County, Florida, Unit 96, of the GoLden Plat thereof, recorded in Plat Book 9, Page 94, Florida; and WHEREAS, there is no other street in Collie: sounding name; and a~:: 48 South, Range 26 East, : :, ;division, according to the .~ecords of Collier County, this name or any similar WHEREAS, it is necessary, for identification pt::? .~, ' . ::~firm the name of this street. NOW, THEREFORE, BE IT RESOLVED B'~ ~ ot County Commissioners of Collier County, Florida that: The name of this street _is hereby chan,?d ': ...... hue Northwest to English Oaks Lane and is confi' ~t~d ~ts such. BE IT FURTHLX tLE. 3LVED that this Resc, iuti'~n ".~ ::-c '.rded in the Public Records of Collier County, Flor/da, and noted upon the :~.??r:'.7'-: :: ,~ng at'.as of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second afdc;. <,~ ,':'~a!ority vote. Done this day of 2003. .-Vi'TEST: BOARD OF COUNTY CO.MMISSIONERS COLLIER COUN-rY, FLORIDA DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency '~ia~j'~ri~ M. Student Assistant County Attorney BY: TON1 HENNiNG, Ct~L~IRMAN S NR-2003-AR-4058/AM/lo NOV 1 B 2003 EXECUTIVF, SI;\!NIARY CU-2003-AR-3906 S~F. PAUI.'S ANTIOCIIIAN OR I'IIODOX CttURCH, REQUESTING CONDITIONAl, USES 7, 11 AND 16 IN TIlE "A" RURAL AC, RICULTURAI~ WITH MOBILE HOME OVERLAY ~A-MHO'} ZONING I)I5[I~.I£YF PER LDC SECTION 2.2.2.3.7, TO ALLOW A CHURCH/PLACE OF WORSHIP. A CIIILD DAY CARE CENTER AND A ASSISTED LIVING FACIIATY ON 8.3__. A('RI{S IOt'ATED ON THE WEST SIDE OF RIVER ROAD, ABUrFTING THE SOUTtt SIDF. ¢)i~' 151MOKALEE ROAD IN SECTION 30, TOWNSHIP 48 SOUTtt, RANGE 27 EAST, C O1.I.I 1{ R COUNIY, FLORIDA. OBJECTIVE: The Petitioner requests~ Conditiomtl Uses "7"., "i I" .u:,; ~0' of the .,\aricultural-Mobile.. Home ,,- ',,, dnvcare t'acility Overlay (A.-MttO~.. ....... z{,ni'n~,~ district for cxp:tnxion .:?f ':: : :hutch, :md ,.dd~t~= a and assisted livin~ facility. St:iff is requcstinz * Board review stafgs findings and recommendations atono with tho rccommondutit>n5 ,,: ~..: t ~'i'C regarding thc above relLtrenced CONSIDERATIONS: The subject parcel is located on the sc)uthxve~,t ,_, ;',..:r ,'.i nokalcc and Rivers Road. legally described as (See Attachment Al. Thc petitioner cuncr~r~', ;u~ '~t Conditional Use for a small church on one of the three parcels that thcv currently ox;n: ~h,,v u'c ;~,xv seeking an expanded Conditional Use for a larger church along ~ ikh cklMolllai'y ~icc.',,t,i '. : .... :> On the subject property, along with adding a daycare center and :l [lssisled livin~ f',tcilirv rh:t ,= il! utilize all three p~lrcels. The Collier County Planning Cornmissiox rexicv, cd '!ii'- xutition on October 16, ._00_, and unanimously recommended approval of the petition. FISCAL IMPACT: Approval of this Conditional Use by and of itself will h'x;-c no fiscal impact on Collier County. GROWTtt 5'E,X. NAGEMENT IMPACT: Approval of this conditional use will not :li'l'cct ~r ch:m~e the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The Environmental Reviexv Staff has reviewed this petition and has recommended approval subject to staff stipulations that have been inco~orated into the Re~u, tution. NOV 1 8 2003 HISTORIC/ARCttAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeolouical Probability as referenced on the official Collier County Probability Map. Therefore, no survey or ;vaiver of Historic and Archaeological Survey ~',:: Assessment is required. PLANNING SERVICES STAFF RECOMMENDATI¢)N: Staff has recommended conditions to be attached to any approval fl)r this petition. Tine conditions are listed below: 1. l'he conditional u~e approval to a!lt>'~ a church and other places of ~orship is limited to a maximum of 324 seats and a maximum of l:,((~) square feet ~n tx~o buildings, the day care will be limited to a capacity of 150 children and the assisted living facility is limited to txvenly units, The use is l'm'ther limited to what is depicted on the Conceptual Site Plan identified as "St. Paul's Antiochian C!nurch" prepared hv Kepple Engineering, Inc., dated ,l~ne fl, 2002, except 'as [urther conditioned ,.xptn'ovai of [his conditional u~e permit simii ~,>t be construed a~ approval of thc attached ,'onceptual site plan. the ~ite plan shall I,e ~,~m,tllv reviewed and approved '.ts pn~ of the SDP process. fhe developer ild[l t)l'OVldc ctminunatio~l oI access rights tmto Rivers Road, pave the ,:~:ti~Te length of Rivers Road from Immokalce Road to ~he southernmost property line prior to the isquance of any certificate of occupancy, the developer should provide a paved apron from immokalee Road onto Rivers Road to the ri~ht-<>l ~, y line prior to the issuance of any certificate of {"CCtlpancy. [. ,X lert hand turn lane should be provided on hnmokalee Road acceqqin~,., , Rivers Road. 5. The area sho~vn as "Existing Vegetation to Remain" should be preserved in its existing ~.ite. except that exotic vegetation must he removed in compliance with Paragraph 6 beloxv. An exotic vegetation removal, mouitoring and maintenance plan that when implemented :,'ill maintain thc ~ite exotic-free in perpetuity. The plan >hall be submitted to Planning Services > ....... n Staff for revie~v and approval as part of the Site l)evelopment Plan submittal 7. Should the parcel to the East develop before this parcel, the access point shall be re- ~t~atl take place ~'~,~ childcare program ,\s ,)f the date this executive summary was prepared, there had been no input either in support of, or in opposition to, this petition. ;:',l't'! RONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: ibc EAC did not review this petition because the project size is below the ttweshold to require that ~-oview. { ()I.LIER COUNTY PLANNING COMMISSION RECOMMENDAI IO,. : petition ,,,,'as heard at the October 16, 2003 CCPC meeting. The Motion Passed unanimously. NOV 1 8 20O3 'REPARED BY: ROBIN~'I'~'ER, PRINCIPAL PI..A~4ER ZONING & LAND DEVELOPMENT REVIEW DEPARYMENT REVIEVCED BY: ZONING & [.:',ND DEVEI,OPMENT REVIEW DEPARTMENT DATE ::.-XN ~IURRAY, A:P. I_:TF:<ISI DI~i42CT?R D.\ :'E ~ZONING & EAND DEVELOPMENT REVI~::~ DEPARTNtENT APPROVED BY: , / MMUNITY DEVELOPNiENT & ENVIRONMENTAL SERVICES DIVISION Petition RZ-2003-AR-3906 Tentatively scheduled tbr the November 18. 2003, Board of County Commissioners Meeting. G:\Current\Meyer\Conditional Uses\St. Paul Antiochian Orthodox Church\EXECUTIVE SUMMAR1 .doc Page ~. ~.~' of 3 Legal Description All of the E ½ of the NE ¼ of the NE 1/4 of the NW i/i, less the W 100' thereof, and less the N 100' for State Highway # 846, and less the E 10' thereof of Section 30, Twp 38 S, Rng 57 E. and E l/a of the SE 1/4 of the NE ¼ of the NW ¼ less the E 10' thereof of Sec 30, Twp 48 S, Rng 27 E. and The W 100' of the E ½ of the NE ¼ of the NE ¼ of the NW 1/4, less the N 100' for R/W, Sec 30, Twp 48 S, Rng 27 E. NOV 18 2003. R !:;'~OL .~'FiON N(). 03 - .\ R.E, SOLLT'~.~)%, i?i~'.IDi'51G FOR THE EST.\BL1S}I*IENT OF CONDITIONAL [ S[5~S~ Nt.'MBERS 7. I1 AND 16 PROVIDING FOR EXPANSION t)F \N EXISTING CIqURCH ALONG WITH F}-IE :XDDITION OF \ ('I!it.D C,\RZ CENTER ..',ND :\SSISTED LIVING F;\CILIT¥ IN ~'}!F ".\-¥I}tO' ZONING DISTRICT P['RSUANT TO SECTION 2.2.2.3 OF THE COLLIER COIJNTY L:\ND 30. TO~i'N~ftlP ~8 501/FH. ~XNGE 27 EAST, COLLIER COUNTY, FLORIDA. x,\'ttERE..\S, the [_cgi5iat'.:re 'f :he State of Florida in Chapter 07-1246. [.a;~s c,i Florida, and Chapter 125. Florida Statu~cs. ,'-;~5 c,.;,n~'z:re,i ,)n Collier County the go~er to establish, coordinate ~d enI~rce zoning and such b~slhc ¢ ~:z :,.;;~,~n5 d~ ~rc ncccssar} ;or ~he pr~,:ccti,;n oz'thc p~A-~ib2: a/id .. , ' ' :--: _:,.:>,:'.e )','ning (7':.Jinance :st)bi: king rez~!l_tl!<)ns for the : . ...... ,, nz -,-;.h "'~-3 ';'triOn-: ~\tlEREAs. thc C':'!: ..... P:a. nmn.2 Commissi~;n. l;em~ the ~"x .~?po!nted and constituted planning board For ;he .::e~ ~c:'cb', .:~;l'cted. has held ~ public hearinL .rtcr notice as in said regulations made and provided..;hA hxs ~:.q_.~¢cr-c.A ibc ad,. isa~:iit:, ,;q' ccndiuontd uses 7. !I ~nd 16 of Section 2.2.2.3 of thc Coii:,c: t .... ::,. [. :::d ~)cxc].'g~cnI Code in a i~urai AgricMtu:-e ,5. n:n~ District along ~ith tho addition c,t' a .:.'-.i J ::;'c :enter ::nj ,~-,~is. tcd li',ing t~ciiit) on :he propert5 hcreinn~er described, and has lbund as a m;z::::' .,F-net ~ E',.!n~bit 'A') War sxtisfnct:'r': pro'. i5i~m nnd arr'xngement ha~e been made concemimz ~;i ,:: ;icu:'~ic m::L:crq reduircd h'..:a:d :e~':~.:L:,. ns .md ;n a.z~L~Z._n:e Subsection 2.7.4.4 of the Lana De, ::L,Fment Code :Ur the Collier Count) Plnnninz *'. ;::';! :*i ,n; and WHE~AS, all interested panics haxe been ai~en oppom2nit? to be heard by this in a public meeting assembled and 'l~c B~,ard ha,, in< considered ~il matters NOW. THEREFORE. BE IF RESOLVED BY PIlE BOARD OF ZONING .-XPPE,Xl.S OF COLLIER COUNTY. FLORIDA th:it: Fhe petition tiled by ?errance L. Kepple. P.E., 06 Kcppie Engineering, Inc. representing St. Paul Antiochian Onhodox Church with respect to the propeay hereinafter described Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for conditional uses 7, I I and 16 '.V' :'.f Section the Land Dexelopment Code for properW [oc2ted in the "A-'~lt{O" Zoning District t; expansion of an existing church t!~ci',it~ cenditionai use along ',~ith the ',dJition of p. :h d care HOVp . 2003 center and assisted living facility in accordance with thc C~nccmual Master Plan (Exhibit "C') and subject to the following conditions: Exhibit "D" which is attached hereto and inco:Ft,r'ai, cd oy reference herein. BE IT FURTlfER RESOLVED that this Rc.~okm,,n r,c recorded in the minutes of this Board, This Resolution adopted alter motion, seco,nd ?,n ' m:,,i,,:it?' vote. Done this da> of . ._00~,. BOA?d) (~i- ,lt ~:',iNG APPEALS COt', ",??. ,- , i'T. FI.ORIDA BY: :'"I :!-,NS:!~Ci, C}{\!R)I\N ,ATTEST: D'3'iGItT E. BROCK. Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney CL-:O03-~R-393~ R.\t, sp NOV 1 8 2003. CU-2003-AR-3906 CONDITIONS I. t-he conditional use approval to allow a church and other places of ~orship is limited to a maximum of 324 seats and a maximum of lo.'{)00 square feet in m'o buildings, the day care will be limited to a capacity of 150 children and the assisted living Ihcilitx.' is limited to twenty .... ~rtaer limited to ,.,,hat is depicted on the Conceptual Site Plan identified as "St. Paul's Antiochian Church" prepared by Kepple Engineering. Inc.. dated Ame 6, 2002, except as R~rther conditioned below. 2. Approval of this condiiional use permit shall not be construed as approval of the attached conceptual site plan. the site plan stnall be Ibrmallv reviewed and approved as ?a~ of the SDP process. 5. i-he developer shall provide coniirmation of access rights onto Rivers Road. pave the :r~rire lensth of Rivers Road ~kom tmnmkalee Road to the southernmost prope~y line prior to the issuance of :my ce~ificale of occupancy, the developer should provide a W,a', cd apron Ii'om immokalcc Road onto l~l~ ers i~oad to the rigilt-of-way tine prior to the :. :;~uance of any certificate ,~t' 4. .~ lefI hand mm lane sh,~utd bc pr~'. ~dcd on Immokatee Road accessing2 Rivers Road. 5. ~i~c area shoxvn as Existing ' cgctation to Remain;' should bc preserved m its .,xi.¢rin~ state, except rh~t exotic '.c?tati(gn must be removed ~n compliance with ?araCraph 6 below. ~. An exotic vegetation remoxal, monitoring and maintenance plan that when hnplemented will maintain the site exotic-i~ee m pe~etuity. The plan shall be submitted :.~ P:anning Services Section ,,,r review and approval as pa~ of the Site Dc,.dopment Plan submittal. 7. Should the parcel to the East develop betbre this parcel, tl~e access point shall be re- ~:.c:-;ixned to align with the access point I~r dxe p~trccl ro the East. S. Fhe childcare program shall take place in l'~ciiitics located at the center of the su(iect CU-2003-AR-3906 Fxhibii D NOV t g 2003 MEMORANDUM TO: FROM: DATE: SUBJECT: COI,LIER CC UNTY PLANNING C()*I:XllSSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENF & ENVIRONNIENTAL SERVICES DIVISION October l 6, 2003 CU-2003-AR-3906 PROPERTY OVONER/.\GENT: OWNER: St. Paul Antiochian Orthodox Church 2425 Rivers Road Naples. Florida 34120 AGENT: Torrance Kepple Kepple Engineering. h',c. 3806 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: The Petitioner requests Conditional Uses "7", "11" and "t 6" ~of t}:e .\czricuiturai-5,1~bile Ilo[ne Overlay (A-MHO) zoning district for expansion of an existing church, and :tdding a daycare facility and assisted living facility. LOCATION: The subject parcel is located on the south\vest corner of Immokalee and Rivers Road. The site consists of approximately 8.3-acres located in Section 30, Township 48 South, Range 28 East, Collier County, Florida. DESCRIPTION OF PROJECT: The petitioner currently has a Conditional Use for a small church on one of the three parcels that they currently own; they are noxv seeking an expanded Conditional Use for a larger church along with customa~ accesso0' uses on the subject property, along with adding a dayt ::re ,:'?2t~- and a G:\C~urrent\Meyer\Conditiorml Use$~,$t. Paul Antioc;hian Orthodox Church,.nd Copy staff report doc Se~t ~ 2C~0¥Pq Ol=~3 Of 8 oo iLEE l NOV 1 B 2 03¸ assisted living facility that will utilize all three parcels. The site plan shows a church structure with a capacity l~br 324 seats in Phase t and a separate structure Ibr parrish hall and ofrice functions in Phase ii. T'?,e pro?osal z~I5o includes a daxyca;c £aciiity v, ith 0 classrooms tbr up to i50 students, an assisted living Facility with 20 units and a retreat center ail :vhich are proposed for later phases. Three access points will ultimately serve the site when all phases are completed. The access point lbr Phase I. the church expansion, is shown approximately 200 feet south of Immokalee Road. The site plan indicwes that existing vegetation along the western portion of the site will be preserved. The site plan als,_, shows a narrow strip of existing vegetation will remain along the property's southern boundary. The parcel is within the A-MI-tO zoning district. Relevant to this petition, uses that are generally con]idered compatible to agricultural uses that would not endanger or dama.oe the agricultural, environmental. potable water, or wildlife resources of" " ~ ' C,o~.~lcr County, are permissible as conditional uses in the A district, these uses include churches, day' care centers and assisted living facilities. SURROUNDING LAND USE & ZONING: SUBJECT: Developed land with a small church; zoned A-MHO SURROUNDING: North: East: sized undeveloped tract that is owned Adventist Church.. zoned A-MHO South: A similarly sized tract, zoned A-MHO West: Vacant land zoned A-MHO Immokalee Road; ,'md undeveloped property zoned A-MHO Rivers Road, a privately maintained local road, then similarly by the 7t~ Day AG~:)A I~lF~ NOV 1 8 2003 G:\CurrenthMeyer\Conditional Uses\St. Paul Antiochian Orthodox Church',2nd Copy staff reportdoc Sept. 19, 2002 CCPC Page 2 of 8 RE-SUBMITTAL CU-2003-AR-3906 PROJECT #2001080013 DATE: 9/3/03 ROBIN MEYER Gg, C. urren¢.Meyer\Conditional UsesXSt Paul Anticchiar~ Orthodox Church~2nd Copy staff reportdoc Sept GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staff offered the following comments: The subject property is currently designated Urb2n, ';'!-an - Mixed Use District. Rural Fringe Mixed Use District) as identified on the Future Land Use 51ap of the Growth Management Plan. Relevant to this Conditional Use petition, the Rural Fringe NIixcd ~. sc District (RFNIUD) permits churches, childcarc facilities and group housing uses. Group housing uses subject to the £oltowing density ~r~cnsit¥ limitations: · (;-roup Care Facilities and other Care Housin z V:~cilities: Maximun~ Floor Area Ratio (FAR) not to exceed 0.45. Future I.and [)se Element (FIASE') Policy' 5.4 requir::; ~i~:tt :dl new developments be compatible with and complimentary to the su~ounding land uses. ('~ ::;,rzhensive Planning leaves this dete~ination to the Current Plmming staff as part o/' their rcx'ic',~ ........ iAon in its totality. Dascd upon the above analssis, staff concludes that the proposed conditio,' ,~! ,~,cs ~7 (Church) and ~ 11 (Child Care Center) and ~16 (Group Care facility) tbr the subject site can be deemed consistent with the FLUE. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analvsis indicates that the petitioner's propc'rty is located outside an area of historical and archaeological probability, as referenced on thc official Collier County Probability Map. Thcrclbre, no Historical,',\rchaeological Surx ex ~:r~,~i ~',,::: c:,.~ment is required. TRANSPORTATION, INFRASTRUCTURE & I-;N V! RONMENTAL EVALUATION: The proposed impact of a church, day care .':d a~:;isted living facility on t~:ansportation, infrastructure, and the environment was reviev, ed bv 'he applicable reviewing agencies and their comments have been incorporated into this Staff Rei,~ort. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting ~,f the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satb;factory provision and arrangement have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code (LDC) and the Growth Management Plan. Staff has included conditions of approval for this conditional use petition tc G:\Current\Meyer~Conditional Uses\St. Paul Antiochian Orthodox Church',2pd Copy staff report, doc Sept. with the LDC. and additional stipulations or conditions may be added during Site Development Plan review to further ensure co~nptiance with ail provisions of the LDC. A consistency analysis ,.vas pertbrmed bv the Comprehensive Planning section of Planning Services and the finding, was made that the proposed church, childcare and assisted living facility may be deemed consistent with the Future Land Use Element of the Grox,ah Management Plan. Ingress and egress to the properl?' and proposed structures thereon, with particular reference to automotive and pedestrian safeD' and convenience, traffic flow and control, and access in case of fire or catastrophe. The church will be located on Rivers Road. a private, gravel-surfaced local road. Rivers Road provides an interconnection to [mmokalee Road (County Road 846), a major arterial road. Because o[this, the petiti~,tqer has been required to submit an updated Traffic Impact Statement at the time of Site Development Plan submittal. Analysis of the TIS may result in a i'cZtiuircII'iOF~[ ['or turn lanes or t>tilcr i?,iproxciqiClll. S. 'File 7th Day Adventist Church ,h:'~t has been approved across from this site on the east side of Rivers Road has been required to ?a~ c t:lc road from i~,m~scy Road to immokalee Road. prior ~o r;eccivi~7~ their occupancy permit flor d~e church hoxvexer, should St. Paut's develop first. they will be required to pave the same road. D-ansportation required both churches to pave Rix', Road to insure that it was paved prior to anv development being completed. Because both churches are required to pave the road they will also have to share its cost. As a result it ,,~ould be in the best interest ,~' ' ~,~ ~,~,,.n pa~ies to coordinate their efforts and take care of the ?aving ol~ the road together. .hs ',~ith the v~h Day Adventist congregation, St Paul's attendees may come t'rom ~he south alon$ Rivors Road to attend this church; therefore the church needs to ~ork ',~ith the 7::~ Day .hdx cu~i>t Ibm'ch to provide sa~ accoss lbr those members as well as the members who may access the site via 'mmokalee Road. The effect the Conditional [;se would have on neighboring properties in relation to noise, fflare, economic or odor effects. A church is generally utilized by the majority of the congregation on the Sabbath (as that day is designated by the particular religious sect). Other less intense activities occur during the week by groups ,,vidqin the con,rotation. In addition, churches may be used by outside groups, such as Boy Scouts and Girl Scouts. I'his may create the noise of the congregation a~ving and leaving, and some glare from vehicle headlights when a~iving and depa~ing the site at night. The impact t?om noise and glare is expected to be minimal. The sounds of the children in the chitdcare program will be ameliorated by the program being limited to the center of the site as thr away from abutting uses as possible. Staff recommends that any play areas be oriented towards Rivers Road to eliminate to the ~reatest extent possible any n ~atl~,~?.C~ *fl development to the west of this site. ~_ }~'~ NOV 1 8 2003. G 'Current'Meye0Condftior~al Uses\St. Paul Antiochian Orthodox C, hurchX2nd Copy staff report doc Sept. 19, 2002 CCPC Page 5 of 8 4. Compatibility with adjacent properties and other property in the district. Surrounding properties are either undeveloped or used residentially. Building setbacks and landscape buffers are required to ameliorate any effects the church would have on its neighbors, thereibre ensuring the compatibility of the properties. EAC RECOMMENDATION: Because the site is beloxv the size threshold to require an Enviromnental Impact Statement, the Environmental Advisory Council did not hear the pelition because it was not required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2003-AR-3906 to the Board of Zoning Appeals. subject to the following stipulations: 1. The conditional use approval to allow a church and other places of worship is limited to maximum or 324 scats and a maximum of i3,000 square tDet in two buildings that will be no larger tha: capacity ~f 150 children and 10 employees, the assisted living t~cilitv is limited to twenty units. The us is lk~her limited to what is depicted on the site plan identified as "St. Paul's Andochian Church prepared bv Kepple Engineering, Inc., dated 6"q/0q e -pt as 2trther conditioned below. 2. Prior to submittal tbr any future developm, ~: approvals, the developer must re-design the sit plan to show the tblloxving buflbrs and landscaping: a) Provide a 15 tbot wide type D landscape but'tbr along the North Property line. b) Provide a I0 fbot wide type D landscape buftbr along the East Property line. c) Provide a 10 2~(~t wide type .,X landscape buffbr along the South and West Prope~y lines. d) Provide interior vehicular use area landscaping. e) Provide terminal landscape islands. Islands have been provided however landscaping has not. Please provide LDC requirements. g) Provide sufficient building perimeter landscaping. h) Avoid conflicts with landscaping and utilities; (overhead and underground). i) Provide an accurate plant legend (tree size, species diversity, cold tolerance, native ratio). j) Specify Florida ~1 plant material. 3. The developer must provide confirmation of access rights onto Rivers Road prior to t[ issuance of any building permits, pave the entire length of Rivers Road from Immokalee Road to ti southernmost property line, and provide a paved apron from Immokalee Road onto Rivers Road to tt right-of-way line prior to the issuance of any certificate of occupancy. 4. The area shoxvn as "Existing Vegetation to remain" must be preserved in its existing stat except that exotics must be removed in compliance with Paragraph 5 of Section 3.9.5.5.6. Nati, preserve criteria. 5. An exotic vegetation removal, monitoring and maintenance plan that will maintain the si exotic-free in perpetuity must be submitted to Planning Services Section Staff as part of the Site Development Plan submittal. G:\Current\Meyer\Conditional Uses\St. Paul Antiochian Orthodox Cht,rch~2nd Copy staff report.doc for review and a' NOV 1 8 2003 S~ )t. ~9, 2002 C~C 6. 'Fhe conditional use will ex,i? !hr,:e ','ears from the date of grant, if by that date the use C,~r ~ hicn ti~e conditional usc ~as grame,; ,: ..... ' c~ commenced. (Section 2.7.4.5. I. o£ the LDC) 7. Any conditional use will ,:', ,-: .-': ~.ear following the discontinuance of the use for which the conditional use was granted unless thc >~.: ".'as improved and or structures built for the specific uses approved by a conditional use and v i;.:i -':'~: ~t be converted to a use permitted by the underlying zoning designation of the site. (Section ~ - ' of the LDC) 8. Should the parcel to the l-:.~t 4 .lc' c. ,p before this parcel, the access point shall be re-designed :o ali~,n with the access point For thc ~" E3st. 9. Parking shall be provideJ i:' :' "" :nee with the LDC requirements, in effect at the time site development approval is sought. G:\Current\Meyer\Conditio,'al Uses\St Paul Antiochian Oct: ~.~ox Church\2nC Copy staff report.doc "°'- t'3' i , 0v 2oo . I of 8 PREPARED BY: PRINCIPAL PLANNER REVIEWED BY: DATE ' N CURRE: T PLANNING MANAGER DATE ),PPROVED BY: /JOS~EPH K. S'C'I~I¥ilTT, ADIX~uNISTRATOR DA~E,, ~/f/~MMUNITY DEVELOPMENT & ENVIRONMENTAL SERX, ICES DIVISION Collier Count)' Planning Commission: RUSSELL A. BUDD, CHAIRMAN DAT IE O/(2/0''~ Staff report for the October 16, 2003 Collier County Planning Commission Meeting " 3 Tentatively scheduled for the November 18, ~00. Board of County Commissioners Meeting G:\Current\Meyer\Conditional Uses',St. Paul Antiochian Orthodox Churchk2nd Copy staff report.doc NOV 1 8 2003. Sept. 19, 2002 CCPC Pa~o 8 o' .7,806 Exchange Avenue CU-2003-AR-3906 PROJECT #2001080013 DATE: 3/3112003 RAY BELLOWS ·Naples, F!oriaa 34104 · (941)403-1780 · Fax(941)403-1787 Ray Bellows Planning Services Department 2800 N. Horseshoe Dr. Naples, Fl 34104 March 20, 2003 lee: St. Paul Antiochian Orthodox c ,~urc CU Application Dear Mr. Bellows, Enclosed, Please find the conditional use application for the referenced project. If you have any questions, please advise. Respectfully, Terrance L. Kepple RECEIVED MAR ~ O 2003 NOV 1 8 2003 CU.2003-AR-3906 pROJECT #2001080013 DATE: 3/31/2003 IL~¥ BELLOWS APPLICATION FOR PUBLIC HEARING ?OR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: Planner Assigned: Ray Bellows ABOVE TO BE COMPLETED 6'1' SYAFF General Information Name of Applicant(s) _St. Paul Antiochian Orthodox Church Inc. Applicant's Mailing Address City ___Naples Applicant's Telephone # Applicant's E-Mail Address: Name of Agent ._Terrance Kepple Agent's Mailing Address 2425 Rivers Rd State FI Zip 34120 3806 Exchange Ave. ,Kepple Engineering, FL City Naples State __ Agent's Telephone# 239 403-1780 Agent's E-Mail Address: _KEIENGIN~AOL.COM Zip 403-1787 34104 F~x# COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 NOV 1 8 2003 Complete the following for all As.sociation(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: ......... Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Ma/ling Address City State ~ Zip 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 AGENDA ITel NOV 1 8 2003 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: NOV 1 8 2003 If any contingency clause or cor, tract terms involve additional parties, individuals or officers, if a corporatiom partnership, or trust. Name and Address Date subject property acquir.~5" ' , ,t ( ):~&ug 1998 Term of lease yr./mos. If, Petitioner has option to buy, ,v.d~cate date of option: and date option terminates: , or antici?z,~e.a <:losing date Should any changes of owners i-:'~v ,:c :ranges in contracts for purchase subsequent to the date of application, but ~:'r-:or :,3 :he date of the final public hearing, it is the responsibility of the applicam., mt on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of ::he- .:~:v'¢ covered by the application: (If space is inadequate, attach on separate e~e , -. ::e~ involves change to more than one zoning district, include separate legal descr~c,.::,:n ~,:,r property involved in each district. Applicant shall submit four (4) copies of a ..... ~ xr-,'ey (completed within the last six months, maximum 1" to 400' scale) ifrequ!: .... ,~ at the pre-application meeting. NOTE: The applicant is respons:: t: ......... ?tcng the correct legal description. If questions arise concerning the legal descrie~i.7~q. '~ ~neer's certification or sealed survey my be required. Section: 30 Towr~;~!c,' . '.:~ Range: 27 Lot: Block: .-:i,Asion: Plat Book__ Page iz: , .v~.D.#. 00214480005 Metes & Bo,. ~,ds Description: Size of prooert~; 1154.1 ft. X ~ i 2. '~ i~t. -- Total Sq. Ft. 360899 Address/general location of subject i;r,~pertl': __2425 Rivers Rd. Acres 8.3 Adjacent zoning and land use: NOV 1 8 2003. Zoning Land use N A-MHO __Immokalee Rd. S A-MHO __Vacant E A-MHO __Rivers Rd. W A-MHO Vacant 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). Section: Township: Range: Lot: Block: Subdivision: Plat Book ' Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # _7, 11, 16 the _Ag district for cr~Eo~usE) __Church, daycare, retirement home Present Use of the Property: ex. Church of Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land element): ~,aE~^ ~Tr_M NOV 1 8 2003, See Attached Describe the existing or pla~'med means of ingress and egress to the property and proposed structure thereon i:5 particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: See Attached c. Describe the effect the conditional use wall have on neighboring properties in relation to noise, glare, economic im?-~: See Attached Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: See Attached Please provide any additional information which you may feel is relevant to this request. See Attached Deed Restrictions: The County is legally precluded fi.om enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in _ order to ascertain whether or not the reqUest is affected by existing deed restfi ~t~ons.s,c_amoA ~xra~,z NOV 1 B 2003. Previous land use petitions on the subiect vropertv: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature o£ that heating? No 11. Additional Submittal req0iremen~: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre. application meeting. .__ a. A copy of the pre-application meeting notes; Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of' staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board 0EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the sw_,c: ~;'c('s) c.n site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffeting as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC). Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve momhs), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Departmem of Transportation Land Use Cover and Forms Classification System. ,~C,E~A rrr~ Statement of utility provisions (with all required attachments and sketches); NOV 1 8 2003 I5. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. Any additional requiremems as may be applicable to specific conditional uses and identified during the pre-application meeting including but not iinuteOt° any required state or federal permits. NOV 1 $ 2003 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST NAME OF APPLICANT: MAILING ADDRESS: St. Paul Antiochian Orthodox Church 2425 Rivers Rd. CITY Naples ZIP 34120 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 2425 Rivers Rd. LEGAL DESCRIPTION: Section: 30 Township: 48 Range: 27 Lot: r¢lock: Subdivision: Plat Book__ Page #: Property I.D.#: 00214480005 Metes & Bounds Description: 2425 Rivers Rd. (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [--] b. CITY UTILITY SYSTEM [--] c. FRANCHISED UTILITY SYSTEM [--1 PROVIDE NAME d. PACKAGE TREATMENT PLANT [-'-] capacity) ~ e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED:cocc a. COUNTY UTILYFY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) NOV 1 8 2003 7. TOTALPOPUI~TION TO BE SERVED: 324 8. PEAK AND AVERAGE'DAILY DEMANDS: A. WATER-PEAK _101.25 g.?g_ A YERAGE DAILY _._972__gpd B. SEWER-PEAK 101.25 g~ a.__ AVERAGE DAILY __972.._~rpd 10. I1. 12. IF PROPOSING TO BE CONNECTED i-O COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PRO~~;> E rqE DATE SERVICE IS EXPECTED TO BE REQUIRED: NARRATIVE STATEMENT: Provide ~ ~, ~,¥ .md concise narrative statement and schematic drawing of sewage treatment process ~,; ¢ e:: .',_,d as well as a specific statement regarding the method of effluent and sludge disposal, ir' ,.:*:rco!ation ponds are to be used, then percolation data and soil involved shall be provid, ~ i:.:?~ tests prepared and certified by a professional engineer. COLLI]ER COUNTY UTILITY DE!)iC.~ flON STATEMENT: ffthe project is located within the services boundaries o£ C ' .:'~y's utility sevAce system, written notarized statement shall be pro,~Sded a~eeir~ :.:, :?,cate to Collier County Utilities the water distribution and sewage collection £ac~h~es ,,~t~n the project area upon completion of the construction of these facilities m accc.~: ~. ,~,irh all applicable County ordinances in effect at the at tk''~.. This statement sba!! ~,:de an agreement that the applicable system developme charges and connection ':'. , ,:1 be paid to the County Utilities Division prior to the issuance of building permits by :",¢ "~mty. ff applicable, the statement shall contain shall contain an agreement to dedi~'a~s :i:~~, appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY ¢' \PAC1TY FROM OTHER PROVIDERS: Unless waived or otherwise provided :'~ ;. he pre-application meeting, if the project is to receive sewer or potable water scr, q.:::~, ;:~-om any provider other than the County, a statement from that provider indica;i '. -' ,k. ere is adequate capacity to serve the project shall be provided. NOV 1 8 2003. 8. Evaluation Criteria Conditional Use Application a. The GMP allows the LDC to provide for the uses within each zoning district. This condit/ona! use is permitted through the Ag zoning district and development oftke project will be in accordance with the LDC. b. Access to the site is via River Rd., an existing gravel road connecting to Immokalee Rd.. River Rd. exists within existing acccess easements. c. The church will have a positive effect on the neighborhood, the property will be developed fbr a church and services will be held 1 or 2 days a week. River Rd. will be paved from Immokalee Rd. to the church entrance.. d. The existing site is vacant, upon development, the site will contain a church and required parking. The remainder of the site W~tl be landscaped in accordance wah the LDC and wil[have 10 foot buffers on the north, west and south and a 15 foot buffer on the east. There is an existing church on River Rd. and few developed properties. There are no homes bet~'een the church and Immokatee Rd., buffers will be provided between the church and adjacent properties. e. The church has purchased the property to prt :-le a site for their services. A conditional use is required in all zoning distr/cts except commercial, where the value of the land is not within most churches reach. AC,~_ND A ~Tt~O NOV 1 8 2003. pg. ~2~ Legal Description All of the E V2 of the NE ~/i of the NE !/~ of the NW ~A, less the W 100' thereof, and less the N 100' for State Highway # 846, and less the E i(3' thereof of Sectio~n 30. Twp 4___8 S, Rng 27 E. ~:-: and E ½ of the SE ~A of the NE ~A of the NW ~,4 less the E 10' thereof of Sec 30, Twp 48 S, Rng 27 E. and The W 100' of the E ½ of the NE lA of the NE 1/4 of the NW 1/4, less the N 100' for R/W, Sec 30, Twp 48S, Rng 27 E. ? OV 1 B 2003 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS I OF NOT , COPIES REQUIRED REQUIRED I. Completed App!Jca!ion 16.~ ~.~ 2. Copy of Deed(s) and hist identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* 4. Pre-application notes/minutes 16. 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 16' 6. Environmental Impact Statement - (ELS) 4 ~.l~l~/~- 7. Aerial Photograph - (with habitat areas identified) 5* 8. Completed Utility Provisions Statement (with required I 4 attachments and sketches) t 9. Traffic Impact Statement- (TIS) i 4 10. Historical & Archaeological Survey or Waiver~ Application I 11. Copies of State and/or Federal_. Permits , 4 12. Architectural Rendering ec~ ~'roposed Structures) 4 13. Application Fee, Data Conversion Fee, Check shall be . made payable to Collier County Board of Commissioners 14. PUBLIC PARTICIPATION I~IEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that aH property owners, civic associations & property owner associations were notified. Copy of audio/video recording of public meeting Written account of meeting. 15. Other Requirements- * Documents required for Long-Range Planmng Review As the authorized agent/applicant rot tins petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of tys petition. .~ - Applicant/Agent Signature .' Date ' NOV 1 8 2003. ~,=. ,~0 CU-2003-AR-3906 PROJECT/42001080013 DATE: 3/31/2003 RAY BELLOWS A FFIDA VIT Weq, Alexander Salem being first duly sworn, depose and say that we/I am, are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, crud other supplementary matter attached to and made a .part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, ~'hether computer generated or County printed shall not be altered ?t~blic hearings will not be ach,ertised until this application is deemed complete, and all required information has been submitted ..;,,~ , [~,~ 'l fi~rther cntthorize . ~ ,: ; . ,.~r~. owner our my representative in. any matters re~ard, ing this Petition. / .?]~zu/re of Proper~ Owner to act )~'ped dr Printed Name of Owner l')ped or Printed Name of Owner 7m..ne ~-.,rexoi~g[ instrument'was acknowledged before me this .~,_;9,3'~.x by. ~~//e ~ ~ fle~ '**ho i~ personally ~. to m~ or h~ pr~,ced c:...,, vf FIo ida C,):,'nty of Collier ............... - (Z'si: :tture of ~otary Public - State of ,!1 -"'~" A, -..e?..y CO~'.4k4 SSlON # DD 153,5~-~'~J''''~-'' ;;~]~;.~.. "E~L?!RES: ~,~an/18, 2007 (Print, Type, or Stamp Commissioned Name of Notary Public) NOV 1 8 2003 .j be]!ows r bject: Preappticatlon-i~eeting ~.ocation: Room B Start: End: fri 08/03/2001 3:00 PM Fri 08/03/2001 4:00 PM Recurrence: (none) Status: Required Attendees: Meeting organizer bellows_r; chrzanowski_s; muller r; burc~eson_b; minor.J; valera c Al Salem representing the St. Paul's Church is requesting a conditional use [o allow for the expansion of a church that was ,~¢proved (CU-99-1) for 30 seals on 5 acres. The applicant proposes to add 5 more acres and to provide a three phased expansion, The site is on the south side of Immokalee Road in Section 30, Township 48S, Range 27E. A GEJ'i~A I.T~ NOV 18 2003. St. Paul Antiochian Orthodox Church Sec 30, Twp -~4 S, Rng 27 E Feb~a~'; £003 Based on ITE Trip Generation Manual, 6th Addition Land L :.-',e: 560 The proposed project is a church located ' ~ ~i- .< Rd. 500' +/- south of Immokalee Rd. Access will be from River Rd. to the site. Kr~ er i~,d. will be paved (20' wide) from Immokalee Kd. south to the church enu~:,.-- The vroject consists of a 8.3 +/- acre. ¥' c : ~cd building will seat 324 people for services (6000 sf) with second building ~,;:: ~ :: :3n i-tall (6000 st). Parking will be provided for the church in accordance ~v::: · r t:C (approximately 212 spaces). In accordance with ITE Trip Generatien ~r, '~:': :: ~i,.is type of facility will generate the following traffic: Trip Generation Average Vehicle Trip Ends, On a weekday 9.11/1000 sfx 12 = 109 trips 50% entering - 55 trips 50% exiting - 55 trips Peak Hour of adjacent street A2,, 0 7"/1000 sfx 12 = 9.1 5 :? .... ering- 5 trips 46% exating - 4 trips Peak Hour of adjacent street PM 0.66/1000 sfx 12 = 7.9 tS:s 54% entering - 4 trips 46% exiting - 4 trips Peak Hour of generator, AM 1.28/1000 slx 12 = 15.4 trips 50% entering - 8 trips 50% exiting - 8 trips AGEI~A I~ NOV t 8 2003. Peak Hour of generator, PM 1.41/1000 sfn 12 = 16.9 trips 59% entering '5 10 trips 41% exiting- 7 trips On a Sunday 36.6/1000 sfx 12 = 439 trips 50% entering - 220 trips 50% exiting - 220 trips Peak Hour of Generator .9.49/1000 sfx 12 = 114 trips 51% entering - 58 trips 49~/0 exiting - 56 trips Trip Assignment Approximately 50% of the tra35c will be directed east on Immokalee Rd. and 50% west. Traffic ,will therefore be assigned as follows: On a weekday ; u,.,o east - 7_8 trips 50% west - 28 trips Peak Hour of adjacent street AM (entering) East- 3 trips West - 3 trips Peak Hour of adjacent street PM (entering) East o 2 trips West - 2 trips Peak Hour ofgrnerator, AM (entering) East - 2 trips West - 2 trips Peak Hour of generator, PM (entering) East - 4 trips West - 4 trips On a Sunday (entering) East - 110 trips West - 110 trips Peak Hour of Generator (entering) East - 29 trips West -29 trips AGENDA ITE. M ~ NOV 1 8 2003. Pg. ~ Existing Traffic Immokalee Rd currently has 18,361 AADT i9,396 PSDT LOS C Impact of proposed use The proposed church will have minimal impact on Immokalee Rd. The project will generate 0.7 % AADT on the road. Proposed Improvements This project proposes to improve River Rd. by paving it from Immokalee Rd. to the church entrance. NOV 18 7_003 EXECUTIVE SUMMARY TO ADOPT A RESOLUTION APPROVING AMENDMENTS 'FO THE FISCAL YEAR 2002-03 ADOPTED BUDGET. OBJECTIVE: l'hat the Board of County Commissioners adopts the attached resolution and the related amendments that amend the Fiscal Year 2002-03 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDER.&TIONS: Section 129.06. Florida Statutes defines how :tn annual budget, as adopted by the Board, can be amended. Budget amendments that increase the total appropriations of a fund over the adopted annual budget may be approved by resolution of the Board oft' County Commissioners aft,:r an adxcrtised public hearing. Budget amendments requiring such approval include the appropriation of carry forward, interfund transfers, and supplemental revenue. This is a public hearing to amend the budget for Fiscal Year 20{)2-03. The attached resolution and the summaD' of the resolution have been advertised and have been available tbr public rcx[c,v and inspection with the related budget mncndmcnts and c×ecuttvc summary at the O£fice of Management and Budget. l-he amendments and summaC,.' are included herein by reference in the resolution. The tbllowing is excerpted from the FY ()4 budget policy: 1'he FY 03 adopted Collier ('oLmtv budget included 134 t\lnds with budgeted appropriations. The Collier County budget is highly complex due to the . accounting number of funds that are required due to statutory requirements, ~ ' ' requirements, local ordinances, or financial system limitatic, ns. The use of N'hmicipal Serxice Taxing [;nits (MSTU's) allocates costs to recipients of specialized ,;cr,.iccs. instc:d of ~d!ocating t!~ese c~;sts to all taxpayers. The use of NISTU's results in "tailor-made" government services, but also adds additional complexity as the t\~nds are restricted (t) for the purpose and (2) to the area in which they were collected. Fund segregations also typically result in intert\~nd transfers that are, in effect, "double budgeting" of the same dollar. Interfund transfers artificially inflate the gross total County budget. To simplify' the budget complexity' and to reduce the artificial inflation of the gross County budget, it is recommended that. to the extent possible, l~\tnds be consolidated and obsolete funds be eliminated. A target I1gure of 10% of the total funds budgeted in FY 03 was established. The following budaet_ amendments are recommended for appro~ral by the Board of County Commissioners, in accordance xx ith thc previous policy direction to consolidate funds where possible. ~aples Production Park ( l There is residual cash in the Naples Production Park Con~¢truction Fund (138) that was used initially for the design, easement acquisition, and construction of road,aay, water, sewer, and drainage improvements. Maintenance costs are funded through ad valorem taxes levied on businesses located within the boundaries of the Naples Production Park Maintenance Fund (141). Therefore, staff recommends transferring the residual cash (approximately $5,500) to [l',c Naples Production Park Nlaintenance Fund (141). Race Track Revenue Bonds (202.) The final maturity tk-~r the Race Track Revenue bonds :',.'as in fiscal year ._0t)o. All available racetrack revenue, abo,,e the :tmount rcqttired Ibr debt service, ,,,,as 10udgeted in tiao General Fund. Therefore. tine estimated 532.800 in residual cash. representing interest earnings on racetrack funds, is recommended to be transferred to the General Fund {001 }. Guaranteed Entitlement Revenue Bonds The final maturity for the Guaranteed Entitlement {State Revenue Sharing} Revenue Bonds required lbr debt sc~'ice, are budgctcd as General Fund revenue. Thcrcforc, thc estimated 530,063 in residual cash in the Guaranteed Entitlement debt service fund will be trans~bged to the General Fund (0~)1). Parks General Obligation Bonds (206) The final maturity for the Parks General Obli3~ation Bonds was in fiscal year 2{)ilG. When these bonds were issued, the boundaries of this MSTU approximated those of the Unincorporated Area General Fired. Therefore. the 570.075 in rcsiduat cash in thc Parks General Obligation debt se~:ice l\md will be trtmst~n-ed to the Unit~corporated Area General Fund (l 11). Wi~oAns Pass Dred,An~. (304'1 52,04t There is 52,041 in residual cash in the Wiggins Pass Dredging Fund (304). During [:Y 03, the Board approved using the remaining estimated Sl l0,000 in residual cash in this fund, supplemented by TDC beach renourishment funds for the dredging of Wiggins Pass. This was done in an effort to exhaust these funds completely before using TDC Beach Rcnourishment funds. As the $110.000 in Fund (304) was an estimate at that time, there is still 52,041 that is recommended for transfer to the Tourist Tax Beach Renourishment Fund ( 195}. Museum Capital Projects {314) There is a nominal amount of residual cash in the Museum Capital Fund (314). Currently, all Museum expenses are budgeted in Museum Fund (198). Therefore, staff recommends transferring all residual cash (approximately S 12,365) to the Museum Fund (198). Naples Park Drainaae/326t , ,'.. - _. c'.,,,,-,,,-.,i,m Fund (326). As this drainage There is residual cash in tlqe Naples Park ~_, ........ : ,~ ,,~,,~. improvement project was comr>leted m:m':' .':',':: :~:,). there is no use tbr this cash in thc construction fund. Theretbre, it is ~cct ...... ~.~ ..... t :hat the $123,300 in residual cash be transferred to the Naples Park Drainage D~:'. ~ ;~;' :. ~ }:',~md (226). Motor Pool Capital Reco'~ eD' (522) 'There is residual cash in the Motor Pool i' :~ ,.~1 ~c, coveD, Fund (522) representing sinking fund pa~vrnents made for the ex'entuat rci~,~,~.c'~::~::z~t of motor pool vehicles. As there are ongoing improvements to the Fleet facili[', ~ i..:. :5 Boulevard. this fund will not be closed until mid-year FY 04. Any residual cash ', ' ! !~e :-:,,ut-~qcd lo the funds that paid into the Motor Pool Capital Recovery Fund. ttowcver, there is a $000,0ii0 appropi'i,~::. :';: :~:. design o£ tt~c new Fleet Management facility. The construction is budgeted a?,,.i ,.~ ,d !i'~r late FY 04 and the project is budgeted in the Facilities Construction Fund (30I! ,~ ~ .;:~irable to simplify the accounting lbr this project by having all budget ,opropri~iti~¢ .... "~:nd. Tl~crctbr¢, it is recommended that $600,000 be transferred to the Facilities ~ ': ....... ~: Fund (301). Through :~dditional cou~ costs imposed, ~ ' , ','~.d !ustice Trust Fund pa~ially reimburses the County for expenses incased by the S' ,: .'~:[c,i-tqev, the Public Defender, and the Medical Examiner. All revenues from these addi[: :~ .... ~'t costs are transfe~Ted to the Gencr;,i Fund. During theFYO4budgetprocess, the ~i~:,- :~,tt ,~ts made to budget the revenue as~ elated '.~ith the Criminal Justice I'r~sI Fund t~: . , : '.:e General Ftmd, as this met the budget policy criteria to simply the budget bv eiii-~:: .... ~ ~ ~: 2:nds where possible and also to reduce the amount of interI~nd transfers that a~ifici~tl!', i:~ti~tto the ~ross County budget. The estimated residual cash estimated at 5210,000 xvikl tt.. .... ::~'cd to the General Ikmd. Naples Production Park Street Li<hting ( The Naples Production Park Street Lighti~'~,__' !:~- ,~i i770) was collapsed into the Collier County Lighting District Fund ~76~'}t during FY '~; :,. :.r, there is $12,417 in residual cash in the Naples Production Park Street Lighting F~:o.~i t7 7!,~). Staff recommends transferring all of this available residual ca.'~- ' the Collier County [ i_:i '~i,,~g District {760). FISCAL IMPACT: The amendments ~md ,:.': ..'cutive summaries, which were previously considered and approved by the Board, contained their respective fiscal impact statements. GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. ['l~cre is no Growth Management Impact RECOMMENDATION: That thc Board of County Commissioners: 1. Approve the aforementioned budget amendments, and 2. Adopt the attached resolution amending the Fiscal Year 2002-03 adopted budget; and, 3. Authorize staff to. reflect any additional posting of financial transactions an&or audit adjusting entries to the funds receivi,ag transfers of residual cash, so as to not limit the ability to collapse these fimds as of September 30, 2003. Prepared by: /~'z--z--O:~-~' Michael S~?ykowski, Director, O W~ce or' Xlanagen~'i and Budget Reviewed by: /~~~/~~/ .... .~s L. Mitchell, Finance Director t-/Z2 -/:;5 Date /J-/z, -0.3 Date Approved by: James V. Mudd, County Manager Date COUNTY OF COLI.IER NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PRi)PI)SES 'FO AMEND ITS FISCAL YEAR 2002-03 ~\D~"~P'!'FD BUDGET All interested parties are invited to attend a public hem-lng on this matter to be held on November 18, ,00.2, at 9:00 a.m. or soon thereafter, in the Cou'at,~ C.~mmissioner's Boardroom, 3rd Floor, Collier County Govcrmnent Center, W. Harmon 'i'ua'.cr i~uilding, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolution :md background material will be available tbr public inspection on vveekdayrs between 8:00 ami. and 5.,~ p.m. at the Office of Management and Budget, 2nd Floor. W. Harmon Turner Building. A final decision on the amendments ,,viii be made at this Listed below are the amendments to be considered and th :i~' m'~mose. Dwight E. Brock, Clerk of Courts ,.~anty Conmlissioners ' ;:,.tv. Florida Chairman Budget Amend. Fund No. No. Fund Title Change Xmount Fund Total 141 Naples Production Park Maintcmmcc Fund PURPOSE: Transfer of rcsid~ud ,,~ix tkom Naples Production P'ark V'~vt (~3S). S5,500 S15,000 001 General Fund PURPOSE: Transfer of residual t:~h [rom Race Track Revetme Bonds ~ (202). $32.800 S225,397,761 001 General Fund PURPOSE: Transfer of residual cash from Guaranteed Entitlement Revenue Bonds Fund (204). $30,063 S225,427,824 tll MSTD General Fund PURPOSE: Transfer of residual cash from Parks General Obligation Boads Fund (206). S70,075 $33,613,461 Budget .Xmend. No. Fund No. Fund Title Change \mount Fund Total 195 226 OU 1 760 910 301 fDC-Beach Renourishment PURPOSE: Transfer of residual castn from Wiggins Pass Dredging Fund (304). Museum PURPOSE: Transfer of residual cash from Museum Capital Projects Fund (314). Naples Park Drainage Debt Service PURPOSE: 1Transfer of residual cash from Naples Park Drainage Fund (326). General Fund PURPOSE: Transfer of residual cash ~tom Criminal Justice T~st Fund (699). Collier County Lighting PURPOSE: Transfer,,fresidual cash from Naples Produc~ Park Street Lighting Fund (770). Clerk of Courts PURPOSE: Appropriate General Fund transfer for new position to review tine Board agenda. Facilities Capital Improvement · PURPOSE: Transfer of residual cash for design of new fleet facility. S2,t~41 $12.365 S123,300 $210,0~0 512,417 530,000 5600.000 $21,546,009 $1,662,805 $933,600 S225,644,001 5654,117 S19,521,300 52!,674,846 RESOI,L: lION NO. 03-BAR- RESOLUTION Y~URSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND TIlE BUD(JIF[ FOR "FILE 2002-03 FISCAL YEAR. "A'HEREAS. Section 129.0e,(2L Florida Statutes. provides thnt the Board of County Commissioners (heremafter also refewzd :o as "Board": at any t~rne ,,~athin a fiscal Fear may within 60 days ora fiscal year amend a budget for tlxe prior ~:;cai } ~:ar. and ?mv'<!es the procedures ~hcrcfor: ,:nd W llEREAS, the Boar:l o~ Connt> Caw~w'..~ss~oners of Collier County. Florida, ,has received copies of budget :mcmm:cnts ',~h~ch Fru',', ie 1~: 5',.i :re' ~:ut i.:::i~cd :o amtc;pated carD. for-.vard. ~mantic:pat~'d rcxenue, and increased r:.-.::?~-~ l;~r :,v.:crpr~se or FroprSclarv fired> rc:?:v':d iora particular purpose: and '.S I{!~RF:',.E-, the pubtio }rearing for the adapt/on t,f this Resolution ,,,~as advertised in 'the Naples Daily News s 't'lIVk'FAS. ~he Bonrd has detern'nncd ~Eat it ~s at>propnat: to amend the Budget fnr Fiscal Yrar 2002-03 by resolution, p'arml~u; ~,:> 5cc~xm 1 ~9 ~:,6~ 2 ~ O. Florida 5~atules ':O".~. THEREFORF. BE lq' R!:S('/I VED BY q HE BO.XRD OF COUNTY COMMISSIONERS OF COLLIER ~ '~ F. '"4 FY. i' i (' RID '\ Iha~ ~he b :dge amendments m the FY 2002-03 Budget described beio;,, are approved and hereby BI DGET '-.t 'MBERS $~2.800 $32.800 530063 $30.063 <2.04 t 52.04 t St23.300 5!23.300 5210.000 5210,000 512.417 S ~2.4 '. - 5:,,.0,0 530,000 56o0.000 5600,t)00 BE iT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in fldl among the mtButes of this meeting for permanent record in his office. P,y __ .... DF Pt ;T'~' CLERK Bo \R D OF CO['NTY COMMISSIONERS · ,_~.ii:i,'..,'Jr .,, i':, ~L()K1DA [\, [OM HEN%'ING, CHAiR,'vL&N .-\??ro~ cd a.; m Io~wn and i :'_'al xuific~cncy: , ! 2